TABLE OF CONTENTS TITLE 75 VEHICLES PART I. PRELIMINARY

TABLE OF CONTENTS

TITLE 75

VEHICLES

PART I. PRELIMINARY PROVISIONS

Chapter 1. General Provisions

§ 101. Short title of title.

§ 102. Definitions.

§ 103. Uniformity of interpretation.

§ 104. Continuation of existing law (Repealed).

PART II. TITLE, REGISTRATION AND LICENSING

Chapter 11. Certificate of Title and Security Interests

Subchapter A. Certificate of Title

§ 1101. Certificate of title required.

§ 1102. Vehicles not requiring certificate of title.

§ 1103. Application for certificate of title (Repealed).

§ 1103.1. Application for certificate of title.

§ 1104. Examination of records upon receipt of application.

§ 1105. Issuance of certificate of title.

§ 1106. Content and effect of certificate of title.

§ 1107. Delivery of certificate of title.

§ 1108. Registration without certificate of title.

§ 1109. Refusing issuance of certificate.

§ 1110. Duplicate certificate of title to replace original.

§ 1111. Transfer of ownership of vehicle.

§ 1111.1. Transfer of ownership of vehicles used for human

habitation.

§ 1112. Disclosure of odometer reading and tampering with

odometer (Repealed).

§ 1113. Transfer to or from manufacturer or dealer.

§ 1114. Transfer of vehicle by operation of law.

§ 1115. Correction of certificate of title.

§ 1116. Issuance of new certificate following transfer.

§ 1117. Vehicle destroyed, dismantled, salvaged or recycled

(Repealed).

§ 1118. Suspension and cancellation of certificate of title.

§ 1119. Application for certificate of title by agent.

Subchapter B. Security Interests

§ 1131. Applicability of subchapter.

§ 1132. Perfection of security interest (Deleted by amendment).

§ 1132.1. Perfection of a security interest in a vehicle.

§ 1133. Creation of security interest for titled vehicle

(Deleted by amendment).

§ 1134. Assignment by lienholder of security interest.

§ 1135. Satisfaction of security interest.

§ 1136. Duty of lienholder to disclose pertinent information.

§ 1137. Subchapter exclusive for perfecting security interest.

§ 1138. Duration of perfection.

§ 1139. Terminal rental adjustment clauses.

§ 1140. Cancellation of certificate of title or ownership for

mobile home.

Subchapter C. Electronic Titling Program

§ 1151. Electronic media system for vehicle titles (Expired).

§ 1151.1. Program.

§ 1152. Development of pilot program (Expired).

§ 1153. Administration of system.

§ 1154. Expansion of pilot program (Expired).

§ 1155. Certification.

Subchapter D. Salvage Vehicles, Theft Vehicles,

Reconstructed Vehicles and Flood Vehicles

§ 1161. Certificate of salvage required.

§ 1162. Transfer to vehicle salvage dealer.

§ 1163. Transfer to scrap metal processor.

§ 1164. Theft vehicles.

§ 1165. Reconstructed vehicles.

§ 1165.1. Inspection of reconstructed, modified and specially

constructed vehicles.

§ 1165.2. Specialized Vehicle Compliance Inspection Advisory

Panel (Expired).

§ 1166. Flood vehicles.

§ 1167. Penalty.

Chapter 13. Registration of Vehicles

Subchapter A. General Provisions

§ 1301. Registration and certificate of title required.

§ 1302. Vehicles exempt from registration.

§ 1303. Vehicles of nonresidents exempt from registration.

§ 1304. Registration criteria.

§ 1305. Application for registration.

§ 1306. Grounds for refusing registration.

§ 1307. Period of registration.

§ 1307.1. Permanent fleet registration.

§ 1308. Issuance of registration card.

§ 1309. Renewal of registration.

§ 1309.1. Apportioned registration renewal.

§ 1310. Temporary registration cards.

§ 1310.1. Temporary registration permits.

§ 1311. Registration card to be signed and exhibited on demand.

§ 1312. Notice of change of name or address.

§ 1313. Duplicate registration cards.

§ 1314. Transfer of registration.

§ 1315. Operation of vehicle following death of owner.

§ 1316. Department records.

§ 1317. Acknowledgment of littering provisions.

§ 1318. Duties of agents.

§ 1319. Duties of motor carrier vehicle owners.

§ 1320. Contributions to Veterans' Trust Fund.

§ 1321. Contributions for pediatric cancer research.

§ 1322. Contributions to Keystone Tree Restricted Account.

§ 1323. Contributions for breast cancer research.

§ 1324. Contributions for the prevention of child abuse and

neglect.

Subchapter B. Registration Plates

§ 1331. Issuance and reissuance of registration plates.

§ 1332. Display of registration plate.

§ 1333. Lost, stolen, damaged or illegible registration plate.

§ 1334. Return of registration plate.

§ 1334.1. Seizure of registration plate.

§ 1335. Registration plates for manufacturers and dealers.

§ 1336. Use of dealer registration plates.

§ 1336.1. Use of multipurpose dealer registration plates.

§ 1336.2. Farm equipment dealer registration plates.

§ 1337. Use of "Miscellaneous Motor Vehicle Business"

registration plates.

§ 1337.1. Fleet owner transporter registration plate.

§ 1338. Person with disability plate and placard.

§ 1339. Legislative plate.

§ 1340. Antique, classic and collectible plates.

§ 1340.1. Street rod plate.

§ 1341. Special registration plates.

§ 1341.1. Personal organization registration plates.

§ 1342. Veteran plates and placard.

§ 1343. Use of school bus or school vehicle plates.

§ 1344. Use of farm vehicle plates.

§ 1344.1. Use of farm equipment dealer registration plates.

§ 1345. Special plates for recipients of the Medal of Honor.

§ 1346. Special plates for recipients of Purple Heart.

§ 1347. Hearing impaired plates.

§ 1348. Special plates for Pearl Harbor survivors.

§ 1349. Circus or carnival plates.

§ 1350. Special plates for veterans of Korean War.

§ 1350.1. Special plates for recipients of Korean Defense

Service Medal.

§ 1351. Special plates for veterans of Persian Gulf War.

§ 1352. Wild resource conservation plate.

§ 1352.1. Appalachian Trail organization registration plates.

§ 1352.2. Pollinator conservation registration plate.

§ 1353. Preserve our heritage registration plate.

§ 1353.1. Pennsylvania monument registration plate.

§ 1354. Flagship Niagara commemorative registration plate

(Repealed).

§ 1354.1. United States Olympic plate.

§ 1355. Zoological plate.

§ 1355.1. Pennsylvania Hunting Heritage registration plates.

§ 1355.2. Pennsylvania Sportsman plate.

§ 1356. Special plates for recipients of Expeditionary Forces

Medal.

§ 1356.1. Special plates for recipients of Global War on

Terrorism Expeditionary Medal.

§ 1357. Special plates for World War II veterans.

§ 1357.1. Special plates for individuals in the service of the

United States Merchant Marine.

§ 1358. DARE plate (Repealed).

§ 1358.1. Share the Road plate.

§ 1358.2. Distracted Driving Awareness plate.

§ 1359. Special plates for steelworkers.

§ 1360. Special plates for veterans of Vietnam Conflict.

§ 1361. Special motorcycle plates related to veterans.

§ 1362. Operation Iraqi Freedom veterans plate.

§ 1362.1. Operation Inherent Resolve veterans plate.

§ 1363. Operation Enduring Freedom veterans plate.

§ 1363.1. Afghanistan and Iraq veterans plate.

§ 1364. Special plates for veterans.

§ 1364.1. Special plates for current members of the armed

forces of the United States.

§ 1365. Gold Star Family plate.

§ 1366. Special plates for recipients of Silver Star.

§ 1366.1. Special plates for United States military airborne

units.

§ 1366.2. Blue Star Family plate.

§ 1366.3. Special plates for recipients of Air Medal.

§ 1367. Special plates for recipients of Bronze Star.

§ 1368. Special plates for recipients of Bronze Star for Valor.

§ 1368.1. Special plates for recipients of Soldier's Medal.

§ 1368.2. Special plates for recipients of Presidential Service

Badge.

§ 1368.3. Special plates for recipients of Legion of Merit.

§ 1368.4. Special plates for recipients of Borinqueneers

Congressional Gold Medal.

§ 1369. Special plates for recipients of Distinguished Service

Cross, Distinguished Flying Cross, Navy Cross or Air

Force Cross.

§ 1369.1. Special plates for recipients of Combat Action Badge,

Combat Infantryman Badge, Combat Action Ribbon,

Combat Action Medal or Combat Medical Badge.

§ 1369.2. Special "In God We Trust" plates.

§ 1369.3. Special plates for veterans of an ally foreign

country.

§ 1369.4. USA semiquincentennial registration plates.

§ 1370. Report to General Assembly.

Subchapter C. Violations and Suspensions

§ 1371. Operation following suspension of registration.

§ 1372. Unauthorized transfer or use of registration.

§ 1373. Suspension of registration.

§ 1374. Suspension or revocation of vehicle business

registration plates.

§ 1375. Suspension of registration of unapproved carriers.

§ 1376. Surrender of registration plates and cards upon

suspension or revocation.

§ 1377. Judicial review.

§ 1378. Suspension of motor carrier vehicle registration.

§ 1379. Suspension of registration upon sixth unpaid parking

violation in cities of the first class.

§ 1380. Suspension of registration upon unpaid tolls.

Chapter 15. Licensing of Drivers

Subchapter A. General Provisions

§ 1501. Drivers required to be licensed.

§ 1502. Persons exempt from licensing.

§ 1503. Persons ineligible for licensing; license issuance to

minors; junior driver's license.

§ 1504. Classes of licenses.

§ 1505. Learners' permits.

§ 1506. Application for driver's license or learner's permit.

§ 1507. Application for driver's license or learner's permit

by minor.

§ 1508. Examination of applicant for driver's license.

§ 1508.1. Physical examinations.

§ 1509. Qualifications for school bus driver endorsement.

§ 1510. Issuance and content of driver's license.

§ 1511. Carrying and exhibiting driver's license on demand.

§ 1512. Restrictions on drivers' licenses.

§ 1513. Duplicate and substitute drivers' licenses and

learners' permits.

§ 1514. Expiration and renewal of drivers' licenses.

§ 1515. Notice of change of name or address.

§ 1516. Department records.

§ 1517. Medical Advisory Board.

§ 1518. Reports on mental or physical disabilities or

disorders.

§ 1519. Determination of incompetency.

§ 1520. Acknowledgment of littering provisions.

Subchapter B. Comprehensive System for Driver Education and

Control

§ 1531. Administration of system by department.

§ 1532. Suspension of operating privilege.

§ 1533. Suspension of operating privilege for failure to

respond to citation.

§ 1534. Notice of acceptance of Accelerated Rehabilitative

Disposition.

§ 1535. Schedule of convictions and points.

§ 1536. Notice of assignment of points.

§ 1537. Removal of points.

§ 1538. School, examination or hearing on accumulation of

points or excessive speeding.

§ 1539. Suspension of operating privilege on accumulation of

points.

§ 1540. Surrender of license.

§ 1541. Period of disqualification, revocation or suspension

of operating privilege.

§ 1542. Revocation of habitual offender's license.

§ 1543. Driving while operating privilege is suspended or

revoked.

§ 1544. Additional period of revocation or suspension.

§ 1545. Restoration of operating privilege.

§ 1546. Suspension or revocation of nonresident's operating

privilege.

§ 1547. Chemical testing to determine amount of alcohol or

controlled substance.

§ 1548. Requirements for driving under influence offenders.

§ 1549. Establishment of schools.

§ 1550. Judicial review.

§ 1551. Notice of department action.

§ 1552. Accelerated Rehabilitative Disposition.

§ 1553. Occupational limited license.

§ 1554. Probationary license.

§ 1555. Delay of suspension, revocation or disqualification.

§ 1556. Ignition interlock limited license.

Subchapter C. Violations

§ 1571. Violations concerning licenses.

§ 1572. Cancellation of driver's license.

§ 1573. Displaying a foreign license during suspension or

revocation.

§ 1574. Permitting unauthorized person to drive.

§ 1575. Permitting violation of title.

§ 1576. Local authorities liable for negligence of their

employees (Repealed).

Subchapter D. Driver's License Compact

§ 1581. Driver's License Compact.

§ 1582. Definitions.

§ 1583. Compensation of compact administrator.

§ 1584. Furnishing of information to other states.

§ 1585. Actions of courts and other agencies.

§ 1586. Duties of department.

Chapter 16. Commercial Drivers

§ 1601. Short title of chapter.

§ 1602. Purpose and construction of chapter.

§ 1603. Definitions.

§ 1604. Notification requirements for drivers.

§ 1605. Employer responsibilities.

§ 1606. Requirement for commercial driver's license.

§ 1607. Commercial driver's license qualification standards.

§ 1608. Nonresident CDL.

§ 1609. Application for commercial driver's license.

§ 1609.1. Type of driving certification requirements.

§ 1609.2. Medical certification.

§ 1609.3. Noncompliance with certification requirements.

§ 1610. Commercial driver's license.

§ 1611. Disqualification.

§ 1612. Commercial and school vehicle drivers prohibited from

operating with any alcohol in system.

§ 1613. Implied consent requirements for commercial motor

vehicle drivers.

§ 1614. Notification of traffic convictions.

§ 1615. Authority to enter agreements.

§ 1616. Reciprocity.

§ 1617. Fees.

§ 1618. Fines exempt from Judicial Computer Account.

§ 1619. Prohibition against discharging, disciplining or

discriminating against employees.

§ 1620. Commercial driver records.

§ 1621. Texting while driving.

§ 1622. Handheld mobile telephone.

Chapter 17. Financial Responsibility

Subchapter A. General Provisions

§ 1701. Short title of chapter.

§ 1702. Definitions.

§ 1703. Application of chapter.

§ 1704. Administration of chapter.

§ 1705. Election of tort options.

Subchapter B. Motor Vehicle Liability Insurance First Party

Benefits

§ 1711. Required benefits.

§ 1712. Availability of benefits.

§ 1713. Source of benefits.

§ 1714. Ineligible claimants.

§ 1715. Availability of adequate limits.

§ 1716. Payment of benefits.

§ 1717. Stacking of benefits.

§ 1718. Exclusion from benefits.

§ 1719. Coordination of benefits.

§ 1720. Subrogation.

§ 1721. Statute of limitations.

§ 1722. Preclusion of recovering required benefits.

§ 1723. Reporting requirements.

§ 1724. Certain nonexcludable conditions.

§ 1725. Rental vehicles.

Subchapter C. Uninsured and Underinsured Motorist Coverage

§ 1731. Availability, scope and amount of coverage.

§ 1732. Limits of coverage (Repealed).

§ 1733. Priority of recovery.

§ 1734. Request for lower limits of coverage.

§ 1735. Coverages unaffected by workers' compensation benefits

(Repealed).

§ 1736. Coverages in excess of required amounts.

§ 1737. Workers' compensation benefits not a bar to uninsured

and underinsured motorist benefits (Repealed).

§ 1738. Stacking of uninsured and underinsured benefits and

option to waive.

Subchapter D. Assigned Risk Plan

§ 1741. Establishment.

§ 1742. Scope of plan.

§ 1743. Rates.

§ 1744. Termination of policies.

Subchapter E. Assigned Claims Plan

§ 1751. Organization.

§ 1752. Eligible claimants.

§ 1753. Benefits available.

§ 1754. Additional coverage.

§ 1755. Coordination of benefits.

§ 1756. Subrogation.

§ 1757. Statute of limitations.

Subchapter F. Catastrophic Loss Trust Fund (Repealed)

§ 1761 - § 1769 (Repealed).

Subchapter G. Nonpayment of Judgments

§ 1771. Court reports on nonpayment of judgments.

§ 1772. Suspension for nonpayment of judgments.

§ 1773. Continuation of suspension until judgments paid and

proof given.

§ 1774. Payments sufficient to satisfy judgments.

§ 1775. Installment payment of judgments.

Subchapter H. Proof of Financial Responsibility

§ 1781. Notice of sanction for not evidencing financial

responsibility.

§ 1782. Manner of providing proof of financial responsibility.

§ 1783. Proof of financial responsibility before restoring

operating privilege or registration.

§ 1784. Proof of financial responsibility following violation.

§ 1785. Proof of financial responsibility following accident.

§ 1786. Required financial responsibility.

§ 1787. Self-insurance.

§ 1788. Neighborhood electric vehicles.

Subchapter I. Miscellaneous Provisions

§ 1791. Notice of available benefits and limits.

§ 1791.1. Disclosure of premium charges and tort options.

§ 1791.2. Motorcycle marshals.

§ 1792. Availability of uninsured, underinsured, bodily injury

liability and property damage coverages and mandatory

deductibles.

§ 1793. Special provisions relating to premiums.

§ 1794. Compulsory judicial arbitration jurisdiction.

§ 1795. Insurance fraud reporting immunity.

§ 1796. Mental or physical examination of person.

§ 1797. Customary charges for treatment.

§ 1798. Attorney fees and costs.

§ 1798.1. Extraordinary medical benefit rate.

§ 1798.2. Transition.

§ 1798.3. Unfunded liability report.

§ 1798.4. Catastrophic Loss Benefits Continuation Fund.

§ 1799. Restraint system.

§ 1799.1. Antitheft devices.

§ 1799.2. Driver improvement course discounts.

§ 1799.3. Limit on cancellations, refusals to renew, refusals

to write, surcharges, rate penalties and point

assignments.

§ 1799.4. Examination of vehicle repairs.

§ 1799.5. Conduct of market study.

§ 1799.6. Conduct of random field surveys.

§ 1799.7. Rates.

Chapter 18. Motor Vehicle Insurance Fraud

Subchapter A. General Provisions

§ 1801. Definitions.

Subchapter B. Antifraud Plans

§ 1811. Filing of plans.

§ 1812. Content of plans.

§ 1813. Review by commissioner.

§ 1814. Report on antifraud activities.

§ 1815. Penalties.

§ 1816. Confidentiality of plans and reports.

§ 1817. Reporting of insurance fraud.

§ 1818. Civil immunity.

Subchapter C. Comprehensive Database System

§ 1821. Membership in system.

§ 1822. Warning notice on application for insurance and claim

forms.

§ 1823. Rules and regulations.

§ 1824. Civil immunity.

§ 1825. Use of information (Deleted by amendment).

§ 1826. Annual reports (Deleted by amendment).

Chapter 19. Fees

Subchapter A. General Provisions

§ 1901. Exemption of persons, entities and vehicles from fees.

§ 1902. Exemptions from other fees.

§ 1903. Limitation on local license fees and taxes.

§ 1904. Collection and disposition of fees and moneys.

§ 1905. Payments to special funds.

Subchapter B. Registration Fees

§ 1911. Registration fees.

§ 1912. Passenger cars.

§ 1913. Motor homes.

§ 1914. Motorcycles.

§ 1915. Motor-driven cycles.

§ 1916. Trucks and truck tractors.

§ 1917. Motor buses and limousines.

§ 1918. School buses and school vehicles.

§ 1919. Reduced combustion vehicles (Expired).

§ 1920. Trailers.

§ 1920.1. Recreational trailers and recreational cargo trailers.

§ 1920.2. Special procedures for trailer registration.

§ 1921. Special mobile equipment.

§ 1922. Implements of husbandry.

§ 1923. Antique, classic and collectible vehicles.

§ 1924. Farm vehicles.

§ 1925. Ambulances, taxis and hearses.

§ 1925.1. Limousines.

§ 1926. Dealers and miscellaneous motor vehicle business.

§ 1926.1. Farm equipment vehicle dealers.

§ 1926.2. Fleet owner transporter plate.

§ 1927. Transfer of registration.

§ 1928. Temporary and electronically issued registration

plates.

§ 1929. Replacement registration plates.

§ 1930. Legislative registration plates.

§ 1931. Personal and organization registration plates.

§ 1931.1. Street rod registration plates.

§ 1932. Duplicate registration cards.

§ 1933. Commercial implements of husbandry.

§ 1934. General reissuance.

§ 1935. Fee for local use.

Subchapter C. Permits

§ 1941. Scope of subchapter.

§ 1942. Special hauling permits as to weight and size.

§ 1943. Annual hauling permits.

§ 1944. Mobile homes, modular housing units and modular housing

undercarriages.

§ 1945. Books of permits.

§ 1946. Movements requiring special escort.

§ 1947. Refund of certain fees.

§ 1948. Chemical and fertilizer vehicle permits (Repealed).

§ 1949. Construction trucks (Deleted by amendment).

§ 1950. Fee for migrant farm vehicle (Repealed).

Subchapter D. Miscellaneous Fees

§ 1951. Driver's license and learner's permit.

§ 1952. Certificate of title.

§ 1953. Security interest.

§ 1954. Approval of vehicle equipment and testing devices.

§ 1955. Information concerning drivers and vehicles.

§ 1956. Certified copies of records.

§ 1957. Uncollectible checks.

§ 1958. Certificate of inspection.

§ 1959. Messenger service.

§ 1960. Reinstatement of operating privilege or vehicle

registration.

§ 1961. Secure power of attorney.

Chapter 20. Motor Vehicle Insurance Rate Review Procedures

§ 2001. Short title of chapter.

§ 2002. Scope of chapter.

§ 2003. Waiting period for filings.

§ 2004. Action by commissioner on rate filings within waiting

period.

§ 2005. Review of action of commissioner taken without hearing.

§ 2006. Action by commissioner on rate filings after waiting

period.

§ 2007. Deemed approvals.

§ 2008. Hearing procedures.

§ 2009. Rules and regulations.

Chapter 21. Motor Carriers Road Tax Identification Markers

§ 2101. Construction.

§ 2101.1. Definitions.

§ 2102. Identification markers and license or road tax

registration card required.

§ 2103. False statements and penalties.

§ 2104. Special investigators; powers.

§ 2105. Exemptions.

Chapter 23. Motor Vehicle Transaction Recovery Fund

§ 2301. Definitions.

§ 2302. Establishment and maintenance of fund.

§ 2303. Disbursements.

§ 2304. Assignment of claims.

§ 2305. Appeals.

§ 2306. Exemptions.

§ 2307. Enforcement.

PART III. OPERATION OF VEHICLES

Chapter 31. General Provisions

Subchapter A. Obedience to and Effect of Traffic Laws

§ 3101. Application of part.

§ 3102. Obedience to authorized persons directing traffic.

§ 3103. Persons riding animals or driving animal-drawn

vehicles.

§ 3104. Persons working on highways.

§ 3105. Drivers of emergency vehicles.

§ 3106. Operators of streetcars.

§ 3107. Drivers in funeral processions.

§ 3108. Drivers of certified escort vehicles.

Subchapter B. Traffic-control Devices

§ 3111. Obedience to traffic-control devices.

§ 3111.1. Obedience to traffic-control devices warning of

hazardous conditions.

§ 3112. Traffic-control signals.

§ 3113. Pedestrian-control signals.

§ 3114. Flashing signals.

§ 3115. Lane-direction-control signals.

§ 3116. Automated red light enforcement systems in first class

cities.

§ 3117. Automated red light enforcement systems in certain

municipalities.

Subchapter C. Fines

§ 3121. EMS costs.

Chapter 33. Rules of the Road in General

Subchapter A. General Provisions

§ 3301. Driving on right side of roadway.

§ 3302. Meeting vehicle proceeding in opposite direction.

§ 3303. Overtaking vehicle on the left.

§ 3304. Overtaking vehicle on the right.

§ 3305. Limitations on overtaking on the left.

§ 3306. Limitations on driving on left side of roadway.

§ 3307. No-passing zones.

§ 3308. One-way roadways and rotary traffic islands.

§ 3309. Driving on roadways laned for traffic.

§ 3310. Following too closely.

§ 3311. Driving on divided highways.

§ 3312. Limited access highway entrances and exits.

§ 3313. Restrictions on use of limited access highways.

§ 3314. Prohibiting use of hearing impairment devices.

§ 3315. Passing and overtaking streetcars.

§ 3316. Prohibiting text-based communications.

§ 3316.1. Prohibiting use of interactive mobile device.

§ 3317. Platooning (Repealed).

Subchapter B. Right-of-way

§ 3321. Vehicle approaching or entering intersection.

§ 3322. Vehicle turning left.

§ 3323. Stop signs and yield signs.

§ 3324. Vehicle entering or crossing roadway.

§ 3325. Duty of driver on approach of emergency vehicle.

§ 3326. Duty of driver in construction and maintenance areas

or on highway safety corridors.

§ 3327. Duty of driver in emergency response areas and in

relation to disabled vehicles.

§ 3328. Unmarked police vehicles.

§ 3329. Duty of driver in litter enforcement corridors.

Subchapter C. Turning, Starting and Signals

§ 3331. Required position and method of turning.

§ 3332. Limitations on turning around.

§ 3333. Moving stopped or parked vehicle.

§ 3334. Turning movements and required signals.

§ 3335. Signals by hand and arm or signal lamps.

§ 3336. Method of giving hand and arm signals.

Subchapter D. Special Stops Required

§ 3341. Obedience to signal indicating approach of train.

§ 3342. Vehicles required to stop at railroad crossings.

§ 3343. Moving heavy equipment at railroad grade crossings.

§ 3344. Emerging from alley, driveway or building.

§ 3345. Meeting or overtaking school bus.

§ 3345.1. Automated enforcement of failure to stop for school

bus with flashing red lights.

§ 3346. Emergency vehicles entering or leaving official garage.

Subchapter E. Stopping, Standing and Parking

§ 3351. Stopping, standing and parking outside business and

residence districts.

§ 3352. Removal of vehicle by or at direction of police.

§ 3353. Prohibitions in specified places.

§ 3354. Additional parking regulations.

§ 3355. Removal of vehicles in a city of the first class.

Subchapter F. Speed Restrictions

§ 3361. Driving vehicle at safe speed.

§ 3362. Maximum speed limits.

§ 3363. Alteration of maximum limits.

§ 3364. Minimum speed regulation.

§ 3365. Special speed limitations.

§ 3366. Charging speed violations.

§ 3367. Racing on highways.

§ 3368. Speed timing devices.

§ 3369. Automated speed enforcement systems in active work

zones.

§ 3370. Automated speed enforcement system on designated

highways.

§ 3370.1. Automated speed enforcement study.

§ 3371. Pilot program for automated speed enforcement systems

in designated school zones.

Chapter 35. Special Vehicles and Pedestrians

Subchapter A. Operation of Pedalcycles

§ 3501. Applicability of traffic laws to pedalcycles.

§ 3502. Penalty for violation of subchapter.

§ 3503. Responsibility of parent or guardian.

§ 3504. Riding on pedalcycles.

§ 3505. Riding on roadways and pedalcycle paths.

§ 3506. Articles carried by operator.

§ 3507. Lamps and other equipment on pedalcycles.

§ 3508. Pedalcycles on sidewalks and pedalcycle paths.

§ 3509. Parking.

§ 3510. Pedalcycle helmets for certain persons.

§ 3511. Pedalcycles prohibited on freeways.

§ 3512. Pedalcycle Helmet Fund (Repealed).

§ 3513. Civil immunity for lenders of pedalcycle helmets.

§ 3514. Operation of pedalcycles with electric assist.

Subchapter B. Special Rules for Motorcycles

§ 3521. Applicability of traffic laws to motorcycles.

§ 3522. Riding on motorcycles.

§ 3523. Operating motorcycles on roadways laned for traffic.

§ 3524. Footrests and handhold.

§ 3525. Protective equipment for motorcycle riders.

§ 3526. Lighted lamp requirements for motorcycles.

§ 3527. Certain passengers prohibited in autocycles.

Subchapter C. Rights and Duties of Pedestrians

§ 3541. Obedience of pedestrians to traffic-control devices

and regulations.

§ 3542. Right-of-way of pedestrians in crosswalks.

§ 3543. Pedestrians crossing at other than crosswalks.

§ 3544. Pedestrians walking along or on highway.

§ 3545. Pedestrians soliciting rides or business.

§ 3546. Driving through or around safety zone.

§ 3547. Right-of-way of pedestrians on sidewalks.

§ 3548. Pedestrians to yield to emergency vehicles.

§ 3549. Blind pedestrians.

§ 3550. Pedestrians under influence of alcohol or controlled

substance.

§ 3551. Compliance with bridge and railroad warning signals.

§ 3552. Penalty for violation of subchapter.

Subchapter D. Pedalcycle and Pedestrian Advisory Committee

§ 3571. Pedalcycle and Pedestrian Advisory Committee.

Subchapter E. Electric Personal Assistive Mobility Devices

§ 3581. Equipment.

§ 3582. Pedalcycle helmets for certain persons.

§ 3583. EPAMD prohibited on freeways.

Subchapter F. Operation of Neighborhood Electric Vehicles

§ 3591. Scope of subchapter.

§ 3592. Required equipment.

§ 3593. Operation on certain highways or roadways.

§ 3594. Same treatment as passenger cars.

§ 3595. Seating limitation.

§ 3596. Waiver of liability.

Chapter 37. Miscellaneous Provisions

Subchapter A. Offenses in General

§ 3701. Unattended motor vehicle.

§ 3701.1. Leaving an unattended child in a motor vehicle.

§ 3702. Limitations on backing.

§ 3703. Driving upon sidewalk.

§ 3704. Obstruction to driving view or mechanism.

§ 3705. Opening and closing vehicle doors.

§ 3706. Riding in house trailers, mobile homes or boats on

trailers.

§ 3707. Driving or stopping close to fire apparatus.

§ 3708. Unauthorized driving over fire hose.

§ 3709. Depositing waste and other material on highway,

property or waters.

§ 3710. Stopping at intersection or crossing to prevent

obstruction.

§ 3711. Unauthorized persons and devices hanging on vehicles.

§ 3712. Abandonment of vehicles.

§ 3712.1. Restitution of property owners.

§ 3712.2. Stripping abandoned vehicles.

§ 3713. Railroad trains not to block crossings.

§ 3714. Careless driving.

§ 3715. Restriction on alcoholic beverages (Repealed).

§ 3716. Accidents involving overturned vehicles.

§ 3717. Trespass by motor vehicle.

§ 3718. Minor prohibited from operating with any alcohol in

system.

§ 3719. Passengers in open trucks.

§ 3720. Snow and ice dislodged or falling from moving vehicle

(Repealed).

§ 3721. Snow and ice.

§ 3722. Off-road vehicles in urban municipalities.

§ 3723. Theft of catalytic converter.

Subchapter B. Serious Traffic Offenses

§ 3731. Driving under influence of alcohol or controlled

substance (Repealed).

§ 3731.1. Operators of commercial vehicles (Repealed).

§ 3732. Homicide by vehicle.

§ 3732.1. Aggravated assault by vehicle.

§ 3733. Fleeing or attempting to elude police officer.

§ 3734. Driving without lights to avoid identification or

arrest.

§ 3735. Homicide by vehicle while driving under influence.

§ 3735.1. Aggravated assault by vehicle while driving under the

influence.

§ 3736. Reckless driving.

Subchapter C. Accidents and Accident Reports

§ 3741. Application of subchapter.

§ 3742. Accidents involving death or personal injury.

§ 3742.1. Accidents involving death or personal injury while

not properly licensed.

§ 3743. Accidents involving damage to attended vehicle or

property.

§ 3743.1. Spilled cargo.

§ 3744. Duty to give information and render aid.

§ 3745. Accidents involving damage to unattended vehicle or

property.

§ 3745.1. Accident scene clearance.

§ 3746. Immediate notice of accident to police department.

§ 3747. Written report of accident by driver or owner.

§ 3748. False reports.

§ 3749. Reports by coroners and medical examiners.

§ 3750. Reports by garages.

§ 3751. Reports by police.

§ 3752. Accident report forms.

§ 3753. Department to compile, tabulate and analyze accident

reports.

§ 3754. Accident prevention investigations.

§ 3755. Reports by emergency room personnel.

§ 3756. Post-accident testing.

§ 3757. Compensation for incident removal costs.

Chapter 38. Driving After Imbibing Alcohol or Utilizing Drugs

§ 3801. Definitions.

§ 3802. Driving under influence of alcohol or controlled

substance.

§ 3803. Grading.

§ 3804. Penalties.

§ 3805. Ignition interlock.

§ 3806. Prior offenses.

§ 3807. Accelerated Rehabilitative Disposition.

§ 3808. Illegally operating a motor vehicle not equipped with

ignition interlock.

§ 3809. Restriction on alcoholic beverages.

§ 3810. Authorized use not a defense.

§ 3811. Certain arrests authorized.

§ 3812. Preliminary hearing or arraignment.

§ 3813. Work release.

§ 3814. Drug and alcohol assessments.

§ 3815. Mandatory sentencing.

§ 3816. Requirements for driving under influence offenders.

§ 3817. Reporting requirements for offenses.

PART IV. VEHICLE CHARACTERISTICS

Chapter 41. Equipment Standards

§ 4101. Purpose of part.

§ 4102. Definitions.

§ 4103. Promulgation of vehicle equipment standards.

§ 4104. Testing and approval of equipment.

§ 4105. Revocation and renewal of certificates of approval.

§ 4106. Market surveillance program.

§ 4107. Unlawful activities.

§ 4108. Injunctive relief.

Chapter 43. Lighting Equipment

§ 4301. Promulgation of regulations by department.

§ 4302. Periods for requiring lighted lamps.

§ 4303. General lighting requirements.

§ 4304. Obstructed lights not required.

§ 4305. Vehicular hazard signal lamps.

§ 4306. Use of multiple-beam road lighting equipment.

§ 4307. Use and display of illuminated signs.

§ 4308. Lighted head lamps on school buses.

§ 4309. Lighted head lamps in work zones.

§ 4310. Motorcycle lighting.

Chapter 45. Other Required Equipment

Subchapter A. Brake Equipment

§ 4501. Promulgation of regulations by department.

§ 4502. General requirements for braking systems.

Subchapter B. Safety and Anti-pollution Equipment

§ 4521. Promulgation of regulations by department.

§ 4522. Effect of amendments to Federal regulations (Repealed).

§ 4523. Exhaust systems, mufflers and noise control.

§ 4524. Windshield obstructions and wipers.

§ 4525. Tire equipment and traction surfaces.

§ 4526. Safety glass.

§ 4527. Image display device.

§ 4528. Fire extinguishers.

§ 4529. Slow moving vehicle emblem.

§ 4530. Portable emergency warning devices.

§ 4531. Emission control systems.

§ 4532. Smoke control for diesel-powered motor vehicles.

§ 4533. Rear wheel shields.

§ 4534. Rearview mirrors.

§ 4535. Audible warning devices.

§ 4536. Bumpers.

§ 4537. Device used to carry pedalcycles.

Subchapter C. Vehicles for Transportation of School Children

§ 4551. Safety regulations.

§ 4552. General requirements for school buses.

§ 4553. General requirements for other vehicles transporting

school children.

Subchapter D. Equipment of Authorized and Emergency Vehicles

§ 4571. Visual and audible signals on emergency vehicles.

§ 4572. Visual signals on authorized vehicles.

§ 4572.1. Flashing or revolving lights on tow trucks.

§ 4572.2. Solid waste collection vehicles.

§ 4573. Identification of certain vehicles.

Subchapter E. Occupant Protection

§ 4581. Restraint systems.

§ 4582. Child Passenger Restraint Fund.

§ 4583. Hospital information program.

§ 4584. Oral hazard warning (Deleted by amendment).

§ 4585. Use of information or evidence of violation of

subchapter.

§ 4586. Civil immunity for child passenger safety technicians

and lenders of child passenger restraint systems and

booster seats.

Chapter 47. Inspection of Vehicles

Subchapter A. Inspection Requirements

§ 4701. Duty to comply with inspection laws.

§ 4702. Requirement for periodic inspection of vehicles.

§ 4702.1. Limited liability of inspection station or mechanic.

§ 4703. Operation of vehicle without official certificate of

inspection.

§ 4704. Inspection by police or Commonwealth personnel.

§ 4705. Inspection of vehicles for transportation of school

children.

§ 4706. Prohibition on expenditures for emission inspection

program.

§ 4706.1. Centralized emission inspection litigation settlement

(Expired).

§ 4707. Consumer protection.

§ 4708. Inspection of motorcycles.

§ 4709. Low-Emissions Vehicle Commission.

§ 4710. Vehicle Emission System Inspection Program Advisory

Committee.

Subchapter B. Official Inspection Stations

§ 4721. Appointment of official inspection stations.

§ 4722. Certificate of appointment.

§ 4723. Certificate of appointment for inspecting fleet

vehicles.

§ 4723.1. Certificate of appointment for enhanced vehicle safety

inspection for reconstructed vehicle, modified or

specially constructed inspection stations.

§ 4724. Suspension of certificates of appointment.

§ 4725. Use of certificate of appointment at official

inspection stations.

§ 4726. Certification of mechanics.

§ 4727. Issuance of certificate of inspection.

§ 4728. Display of certificate of inspection.

§ 4729. Removal of certificate of inspection.

§ 4730. Violations of use of certificate of inspection.

§ 4731. Records of inspections and certificates issued.

§ 4732. Inspection Advisory Board.

§ 4733. Prohibited provision.

Chapter 49. Size, Weight and Load

Subchapter A. General Provisions

§ 4901. Scope and application of chapter.

§ 4902. Restrictions on use of highways and bridges.

§ 4903. Securing loads in vehicles.

§ 4904. Limits on number of towed vehicles.

§ 4905. Safety requirements for towed vehicles.

§ 4906. Fire apparatus and emergency vehicles.

§ 4907. Penalty for violation of chapter.

§ 4908. Operation of certain combinations on interstate and

certain other highways.

§ 4908.1. Operation of motor homes on interstate and certain

other highways (Repealed).

§ 4909. Transporting foodstuffs in vehicles used to transport

waste.

Subchapter B. Width, Height and Length

§ 4921. Width of vehicles.

§ 4922. Height of vehicles.

§ 4923. Length of vehicles.

§ 4924. Limitations on length of projecting loads.

§ 4925. Width of projecting loads on passenger vehicles.

Subchapter C. Maximum Weights of Vehicles

§ 4941. Maximum gross weight of vehicles.

§ 4942. Registered gross weight.

§ 4943. Maximum axle weight of vehicles.

§ 4944. Maximum wheel load.

§ 4945. Penalties for exceeding maximum weights.

§ 4946. Impoundment of vehicles for nonpayment of overweight

fines (Repealed).

§ 4947. Disposition of impounded vehicles and loads (Repealed).

§ 4948. Maximum weight and seating capacity of buses.

§ 4949. Application to tow trucks.

Subchapter D. Special Permits for Excessive Size and Weight

§ 4961. Authority to issue permits.

§ 4962. Conditions of permits and security for damages.

§ 4963. Exemptions for vehicles used in State highway

construction or maintenance.

§ 4964. Oral authorization following emergency or accident.

§ 4965. Single permits for multiple highway crossings.

§ 4966. Permit for movement of quarry equipment.

§ 4967. Permit for movement of implements of husbandry

(Repealed).

§ 4968. Permit for movement during course of manufacture.

§ 4969. Permit for movement of vehicles with oversize wheels

and tires (Repealed).

§ 4970. Permit for movement of construction equipment.

§ 4971. Permit for operation of chemical and fertilizer

vehicles (Deleted by amendment).

§ 4972. Permits for migrant farm vehicles (Repealed).

§ 4973. Permits for movement of a mobile home, a manufactured

home or a modular housing unit and modular housing

undercarriage.

§ 4974. Permit for movement of containerized cargo.

§ 4975. Permit for movement of special mobile equipment.

§ 4976. Permit for movement of domestic animal feed and whole

or unprocessed grain.

§ 4976.1. Permit for movement of live domestic animals.

§ 4976.2. Permit for movement of eggs.

§ 4977. Permit for movement of wooden structures.

§ 4978. Permit for movement of building structural components.

§ 4979. Permit for movement of particleboard or fiberboard

used in the manufacture of ready-to-assemble

furniture.

§ 4979.1. Permit for movement of bulk refined oil.

§ 4979.2. Permit for movement of waste coal, beneficial

combustion ash or limestone.

§ 4979.3. Permit for movement of float glass or flat glass for

use in construction and other end uses.

§ 4979.4. Permit for movement of self-propelled cranes.

§ 4979.5. Permit for movement of nonhazardous liquid glue.

§ 4979.6. Permit for movement of waste tires.

Subchapter E. Measuring and Adjusting Vehicle Size and

Weight

§ 4981. Weighing and measurement of vehicles.

§ 4982. Reducing or readjusting loads of vehicles.

§ 4983. Penalty for failure to obey police officer (Repealed).

PART V. ADMINISTRATION AND ENFORCEMENT

Chapter 61. Powers of Department and Local Authorities

Subchapter A. General Provisions

§ 6101. Applicability and uniformity of title.

§ 6102. Powers and duties of department and local authorities.

§ 6103. Promulgation of rules and regulations by department.

§ 6103.1. Exemption from additional requirements for highway

occupancy permits for agricultural purposes.

§ 6104. Administrative duties of department.

§ 6105. Department to prescribe traffic and engineering

investigations.

§ 6105.1. Designation of highway safety corridors.

§ 6105.2. Designation of litter enforcement corridors.

§ 6106. Designation of emergency vehicles by Pennsylvania State

Police.

§ 6107. Designation of authorized vehicles by department.

§ 6108. Power of Governor during emergency.

§ 6109. Specific powers of department and local authorities.

§ 6110. Regulation of traffic on Pennsylvania Turnpike.

§ 6110.1. Fare evasion.

§ 6111. Regulation of traffic on bridges under authority of

interstate commissions.

§ 6112. Removal of traffic hazards by property owner.

§ 6113. Control of public travel on private property by owner.

§ 6114. Limitation on sale, publication and disclosure of

records.

§ 6115. Emergency telephones along Pennsylvania Turnpike.

§ 6116. Payment by credit or debit card.

§ 6117. Authority of qualified employees of department and

Department of Revenue.

§ 6118. Municipal police officer education and training.

§ 6119. Removal of dead deer.

Subchapter B. Traffic-control Devices

§ 6121. Uniform system of traffic-control devices.

§ 6122. Authority to erect traffic-control devices.

§ 6123. Erection of traffic-control devices while working.

§ 6123.1. Mandatory traffic-control devices in highway work

zones.

§ 6124. Erection of traffic-control devices at intersections.

§ 6125. Display of unauthorized signs, signals or markings.

§ 6126. Interference with devices, signs or signals.

§ 6127. Dealing in nonconforming traffic-control devices.

§ 6128. Dealing in official traffic-control devices or bridge

parts.

§ 6129. Maintenance of pedestrian crosswalks in school zones.

Subchapter C. Reciprocity

§ 6141. Declaration of policy.

§ 6142. Reciprocity agreements, arrangements and declarations

authorized.

§ 6143. Benefits, privileges and exemptions from taxes and

fees.

§ 6144. Vehicle registration and licensing.

§ 6145. Proportional registration of fleet vehicles.

§ 6146. Enforcement agreements.

§ 6146.1. Multijurisdictional permit agreement.

§ 6147. Declaration of reciprocity in absence of agreement.

§ 6148. Applicability to leased vehicles.

§ 6149. Automatic reciprocity.

§ 6150. Proportional registration not exclusive.

§ 6151. Suspension of reciprocity benefits.

§ 6152. Form, publication and distribution of documents.

§ 6153. Existing reciprocity agreements unaffected.

§ 6154. Nonreciprocity of operational limitations.

Chapter 63. Enforcement

Subchapter A. General Provisions

§ 6301. Prosecutions under local ordinances superseded by

title.

§ 6302. Time limitations.

§ 6303. Rights and liabilities of minors.

§ 6304. Authority to arrest without warrant.

§ 6305. Arrest of nonresident.

§ 6306. Costs for summary offenses.

§ 6307. Liability for costs not paid by defendant.

§ 6308. Investigation by police officers.

§ 6308.1. Payment to police or sheriff's office of one-half of

reinstatement fee.

§ 6309. Impoundment for nonpayment of fines; vehicles or

combinations with a gross vehicle weight rating of

17,001 pounds or more.

§ 6309.1. Impoundment for nonpayment of fines; vehicles or

combinations with a gross vehicle weight rating of

17,000 pounds or less.

§ 6309.2. Immobilization, towing and storage of vehicle for

driving without operating privileges or registration.

§ 6310. Disposition of impounded vehicles, combinations and

loads.

§ 6311. Enforcement authority.

§ 6312. Liquor or malt or brewed beverages.

§ 6313. Enforcement of summary offenses in State park and

forest lands.

Subchapter B. Records of Traffic Cases

§ 6321. Records of issuing authorities.

§ 6322. Reports by issuing authorities.

§ 6323. Reports by courts.

§ 6324. Failure to comply with provisions of subchapter.

§ 6325. Department records.

§ 6326. Traffic citation forms (Repealed).

§ 6327. Inspection of records.

§ 6328. Admissibility of department records.

§ 6329. Data collection and reporting relating to traffic

stops.

Subchapter C. Pursuit of Vehicles

§ 6341. Definitions.

§ 6342. Written policies required.

§ 6343. Pursuit records.

§ 6344. Pennsylvania State Police report.

§ 6345. Liability.

Chapter 65. Penalties and Disposition of Fines

§ 6501. Definition of conviction.

§ 6502. Summary offenses.

§ 6503. Subsequent convictions of certain offenses.

§ 6503.1. Habitual offenders.

§ 6504. Inability to pay fine and costs.

§ 6505. Disposition of fines and forfeitures (Repealed).

§ 6506. Surcharge.

§ 6507. Levy and imposition of surcharge in cities of the first

class.

Chapter 67. Service of Process on Nonresidents (Repealed)

§ 6701 - § 6705 (Repealed).

PART VI. MISCELLANEOUS PROVISIONS

Chapter 71. Vehicle Theft and Related Provisions

Subchapter A. Identification Number

§ 7101. Requirement for identification number.

§ 7102. Removal or falsification of identification number

(Repealed).

§ 7103. Dealing in vehicles with removed or falsified numbers

(Repealed).

§ 7104. State replacement vehicle identification number plate.

§ 7105. Seizure of vehicles with removed or falsified numbers.

Subchapter B. Stolen Vehicles

§ 7111. Dealing in titles and plates for stolen vehicles.

§ 7112. False report of theft or conversion of vehicle.

§ 7113. Reporting stolen and recovered vehicles.

§ 7114. Records of stolen vehicles.

§ 7115. Application for certificate of title of a stolen

vehicle.

§ 7116. Fraudulent removal of vehicle from garage.

Subchapter C. Misuse of Documents and Plates

§ 7121. False application for certificate of title or

registration.

§ 7122. Altered, forged or counterfeit documents and plates.

§ 7123. Sale or purchase of certificate or other document.

§ 7124. Fraudulent use or removal of registration plate.

Subchapter D. Tampering with Odometers

§ 7131. Legislative findings and definitions.

§ 7132. Prohibited activities relating to odometers.

§ 7133. Permissible activities relating to odometers.

§ 7134. Odometer disclosure requirements.

§ 7135. Odometer mileage statement retention.

§ 7136. Conspiracy to violate odometer requirements.

§ 7137. Violation of Unfair Trade Practices and Consumer

Protection Law.

§ 7138. Civil liability.

§ 7139. Penalties.

Chapter 72. Alternative Fuels (Repealed)

§ 7201 - § 7205 (Repealed).

Chapter 73. Abandoned Vehicles and Cargos

Subchapter A. Abandoned Vehicles and Salvors

§ 7301. Authorization of salvors.

§ 7302. Certificate of authorization.

§ 7303. Suspension of authorization.

§ 7303.1. Duty of police and salvors.

§ 7304. Reports to department of possession of abandoned

vehicles.

§ 7304.1. Reports and removal of abandoned vehicles within the

boundaries of a city of the first class or second

class.

§ 7305. Notice to owner and lienholders of abandoned vehicles.

§ 7306. Payment of costs upon reclaiming vehicle.

§ 7307. Authorization for disposal of unclaimed vehicles.

§ 7308. Public sale of unclaimed vehicles with value.

§ 7309. Processing of nonrepairable or salvage vehicles.

§ 7310. Removal of abandoned or presumed abandoned vehicles

from roadway.

§ 7311. Reports by garage keepers of abandoned vehicles.

§ 7311.1. Reports by private property owners of abandoned

vehicles.

§ 7311.2. Salvors to remove abandoned vehicles in good faith.

§ 7312. Penalty for violation of chapter.

Subchapter B. Watercraft Trailer Forfeiture

§ 7321. Scope of subchapter and legislative intent.

§ 7322. Definitions.

§ 7323. Liens.

§ 7324. Notification by watercraft trailer dealer.

§ 7325. Responsibility of department.

§ 7326. Publication.

§ 7327. Redemption.

§ 7328. Forfeiture.

§ 7329. Rights acquired by good faith purchaser.

§ 7330. Other remedies.

§ 7331. Construction.

Chapter 75. Messenger Service

§ 7501. Authorization of messenger and agent services.

§ 7502. Certificate of authorization (Deleted by amendment).

§ 7502.1. Supersession.

§ 7503. Suspension of authorization (Deleted by amendment).

§ 7503.1. Bond required.

§ 7504. Place of business (Deleted by amendment).

§ 7504.1. Agent duties and responsibilities.

§ 7505. Transaction of business with department.

§ 7506. Violations and penalties.

§ 7507. Certified checks may be required.

§ 7508. Nonperformance.

§ 7509. Messenger and Agent Advisory Committee.

Chapter 77. Snowmobiles and All-Terrain Vehicles

Subchapter A. General Provisions

§ 7701. Short title of chapter.

§ 7702. Definitions.

§ 7703. Applicability of chapter.

§ 7704. Rules and regulations.

§ 7705. Records and reports.

§ 7706. Restricted accounts.

Subchapter B. Certificates of Title, Registration and

Permits

§ 7711. Registration of dealers.

§ 7711.1. Registration of snowmobile or ATV.

§ 7711.2. Limited registration of snowmobile or ATV.

§ 7712. Registration of snowmobiles and registration and

issuance of certificates of title for ATV's

(Repealed).

§ 7712.1. Certificate of title for snowmobile or ATV.

§ 7712.2. Transfer to or from dealer.

§ 7712.3. Transfer of snowmobile or ATV by operation of law.

§ 7712.4. Correction of certificate of title.

§ 7712.5. Issuance of new certificate following transfer.

§ 7712.6. Suspension and cancellation of certificate of title.

§ 7712.7. Application for certificate of title by agent.

§ 7712.8. Perfection of security interest in a snowmobile or

ATV.

§ 7712.9. Satisfaction of security interest.

§ 7712.10. Release of security interest.

§ 7712.11. Effectiveness of security interests.

§ 7712.12. Assignment by secured party of security interest.

§ 7712.13. Exemptions.

§ 7713. Certificates of registration and decals (Repealed).

§ 7714. Exemptions from registration (Repealed).

§ 7715. Reciprocity (Repealed).

§ 7715.1. Snowmobile or ATV purchased from dealer.

§ 7715.2. Fees.

§ 7716. Records.

§ 7717. Snowmobile and ATV Advisory Committee.

§ 7718. Vintage snowmobile permits.

Subchapter C. Operation

§ 7721. Operation on streets and highways.

§ 7722. Designation of snowmobile and ATV roads.

§ 7723. Special snowmobile and ATV events.

§ 7724. Operation on private or State property.

§ 7725. Operation by persons under age sixteen.

§ 7726. Operation in safe manner.

§ 7727. Additional limitations on operation.

§ 7728. Accidents and accident reports.

§ 7729. Liability of owner for negligence.

§ 7730. Liability insurance.

Subchapter D. Equipment

§ 7741. Head lamps and tail lamps.

§ 7742. Brakes.

§ 7743. Mufflers and sound control.

Subchapter E. Miscellaneous Provisions

§ 7751. Enforcement personnel and procedures.

§ 7752. Penalties for violation of chapter.

§ 7753. Actions for collection of penalties.

Chapter 77A. Operation of Golf Carts

§ 77A01. Operation on highways.

§ 77A02. Designation of golf cart crossings.

§ 77A03. Operation by persons under 16 years of age.

Chapter 78. Motor Carrier Safety

§ 7801. Short title of chapter.

§ 7802. Findings and declaration of policy (Repealed).

§ 7803. Definitions.

§ 7804. Motor Carrier Safety Advisory Committee.

Chapter 79. Motorcycles

Subchapter A. General Provisions

§ 7901. Short title of chapter.

§ 7902. Definitions.

§ 7903. Waiver of examination.

§ 7904. Fees.

§ 7905. Restricted receipts account.

Subchapter B. Motorcycle Safety Education

§ 7911. Motorcycle safety education program.

Chapter 80. Special Programs

Subchapter A. Persons with Disabilities Shared-Ride Pilot

Program

§ 8001. Persons with disabilities shared-ride pilot program.

Chapter 81. Interstate Compacts and Agreements

Subchapter A. Bus Taxation Proration Agreement (Repealed)

§ 8101 - § 8105 (Repealed).

Subchapter B. Vehicle Equipment Safety Compact (Repealed)

§ 8111 - § 8122 (Repealed).

Chapter 83. Hazardous Materials Transportation

§ 8301. Legislative findings.

§ 8302. Powers and duties of department.

§ 8303. Correspondence with Federal regulations.

§ 8304. Right of entry.

§ 8305. Injunctions and other remedies.

§ 8306. Penalties.

§ 8307. Hazardous Materials Transportation Advisory Committee.

§ 8308. Report to the General Assembly.

Chapter 85. Highly Automated Vehicles

Subchapter A. Preliminary Provisions

§ 8501. Definitions.

Subchapter B. Highly Automated Vehicles

§ 8502. Highly automated vehicles.

§ 8503. Highly Automated Vehicle Advisory Committee.

§ 8504. Certificate of compliance required.

§ 8505. Powers of department.

§ 8506. Self-certification.

§ 8507. Self-certification review.

§ 8508. Operation requirements.

§ 8509. Commercial operation.

§ 8510. Local governance.

§ 8510.1. Enforcement and penalties.

§ 8510.2. Regulations and guidelines.

§ 8510.3. Confidential records.

§ 8510.4. Appeals.

§ 8510.5. Interstate agreements.

Subchapter C. Personal Delivery Devices

§ 8511. Definitions.

§ 8512. General prohibition.

§ 8513. Powers of department.

§ 8514. Application.

§ 8515. Authorization issuance and renewal.

§ 8516. Operation.

§ 8517. Local regulation.

§ 8518. Equipment.

§ 8519. Insurance and liability.

§ 8520. Enforcement.

§ 8521. Criminal penalties.

§ 8522. Application of title.

Subchapter D. Other Automated Vehicles

§ 8531. Highly automated work zone vehicles.

§ 8532. Platooning.

Chapter 89. Pennsylvania Turnpike

Subchapter A. Preliminary Provisions

§ 8901. Definitions.

Subchapter B. Turnpike Extensions and Improvements

§ 8911. Improvement and extension authorizations.

§ 8912. Subsequent extension authorizations.

§ 8913. Additional subsequent extension authorizations.

§ 8914. Further subsequent authorizations.

§ 8914.1. Security wall pilot project.

§ 8915. Conversion to toll roads.

§ 8915.1. Conversion of Interstate 80.

§ 8915.2. Application to United States Department of

Transportation.

§ 8915.3. Lease of Interstate 80; related agreements.

§ 8915.4. Initial payment.

§ 8915.5. Other interstate highways.

§ 8915.6. Deposit and distribution of funds.

§ 8915.7. Impact on associated highways and local roads.

§ 8916. Turnpike system.

§ 8917. Financial plan.

§ 8918. Failure to perform.

Chapter 90. Liquid Fuels and Fuels Tax

§ 9001. Short title of chapter.

§ 9002. Definitions.

§ 9003. Liquid fuels and fuels permits; bond or deposit of

securities.

§ 9004. Imposition of tax, exemptions and deductions.

§ 9004.1. Political subdivision and volunteer service use of

tax-free motor fuels.

§ 9005. Taxpayer.

§ 9006. Distributor's report and payment of tax.

§ 9007. Determination and redetermination of tax, penalties

and interest due.

§ 9008. Examination of records and equipment.

§ 9009. Retention of records by distributors and dealers.

§ 9010. Disposition and use of tax.

§ 9011. Discontinuance or transfer of business.

§ 9012. Suspension or revocation of permits.

§ 9013. Lien of taxes, penalties and interest.

§ 9014. Collection of unpaid taxes.

§ 9015. Reports from common carriers.

§ 9016. Reward for detection of violations.

§ 9017. Refunds.

§ 9018. Violations.

§ 9019. Diesel fuel importers and transporters; prohibiting

use of dyed diesel fuel on highways; violations and

penalties.

§ 9020. Disposition of fees, fines and forfeitures.

§ 9021. Certified copies of records.

§ 9022. Uncollectible checks.

§ 9023. Application of Prevailing Wage Act to locally funded

highway and bridge projects.

§ 9024. Electric vehicle road user charge.

Chapter 91. State Highway Maintenance

§ 9101. Definitions.

§ 9102. Distribution of State highway maintenance funds.

§ 9103. Transfers for emergency or equipment needs.

§ 9104. Standards and methodology for data collection.

§ 9105. Nonlapse of allocated funds for advertised projects.

§ 9106. Dirt, gravel and low-volume road maintenance.

Chapter 92. Transfer of State Highways

§ 9201. Definitions.

§ 9202. Application of chapter.

§ 9203. Description of functionally-local highways.

§ 9204. Notice to municipalities.

§ 9205. Mutual agreement.

§ 9206. Publication of list of highways transferred.

§ 9207. Restoration of highways.

§ 9208. Periodic review by General Assembly (Deleted by

amendment).

Chapter 93. Supplemental Funding for Municipal Highway

Maintenance

§ 9301. Supplemental funding for municipal highway maintenance.

Chapter 94. Liquid Fuels and Fuel Use Tax Enforcement

§ 9401. Short title of chapter.

§ 9402. Construction of chapter.

§ 9403. Revenue agents; powers.

§ 9404. Violations and penalties.

§ 9405. Forfeitures; process and procedures.

§ 9406. Disposition of fines and forfeitures.

Chapter 95. Taxes for Highway Maintenance and Construction

§ 9501. Definitions.

§ 9502. Imposition of tax.

§ 9503. Reports and payment of tax (Repealed).

§ 9504. Timely mailing treated as timely filing and payment

(Repealed).

§ 9505. Extension of time to file reports (Repealed).

§ 9506. Administration and enforcement (Repealed).

§ 9507. Interstate cooperation in collecting tax (Repealed).

§ 9508. Assessment and appeals (Repealed).

§ 9509. Retention of records (Repealed).

§ 9510. Penalties (Repealed).

§ 9511. Allocation of proceeds.

§ 9511.1. Imposition of additional tax (Repealed).

§ 9511.2. Special revenue bonds.

§ 9511.3. Expenses.

§ 9511.4. Special revenue bonds and preliminary or interim

financing.

§ 9511.5. Application of proceeds of obligations, lien of

holders of obligations, design-build requirement and

projects approved by General Assembly.

§ 9511.6. Trust indenture, protection of holders of obligations

and depositories.

§ 9511.7. Exemption from Commonwealth taxation.

§ 9511.8. Costs related to Federal income tax matters.

§ 9511.9. Special revenue refunding bonds.

§ 9511.10. Remedies of trustees and of holders of obligations.

§ 9511.11. Pledged revenues.

§ 9511.12. (Reserved).

§ 9511.13. Supplement to other laws and liberal construction.

§ 9512. Severability of provisions.

Chapter 96. Motor Carriers Road Tax

§ 9601. Short title of chapter.

§ 9602. Definitions.

§ 9603. Imposition of tax.

§ 9604. Credit for motor fuel tax payment.

§ 9605. Tax due date.

§ 9606. Tax revenue to Motor License Fund.

§ 9607. Calculation of amount of fuel used in Commonwealth.

§ 9608. Report requirements.

§ 9609. Average consumption.

§ 9610. Records.

§ 9611. Surety bond for payment of taxes.

§ 9612. Arbitrary assessment to prevent tax avoidance.

§ 9613. Penalty and interest for failure to report or pay tax.

§ 9614. Time for payment of taxes, penalties and interest.

§ 9615. Manner of payment and recovery of taxes, penalties and

interest.

§ 9615.1. Examination of records.

§ 9616. Determination, redetermination and review.

§ 9617. Timely mailing treated as timely filing and payment.

§ 9618. Availability of records of other agencies.

§ 9619. Highway Bridge Improvement Restricted Account.

§ 9620. Appropriation and allocation of proceeds.

§ 9621. Regulations.

§ 9622. Reciprocal agreements.

Chapter 97. Department of Transportation Productivity

§ 9701. Legislative oversight.

Chapter 98. Motorbus Road Tax Credit or Refund

§ 9801. Short title of chapter (Repealed).

§ 9802. Definitions.

§ 9803. Imposition of tax (Repealed).

§ 9804. Exemptions (Repealed).

§ 9805. Bus company reimbursement for motor fuel tax.

§ 9806. Tax due date (Repealed).

§ 9807. Tax revenue to Motor License Fund (Repealed).

§ 9808. Calculation of amount of fuel used in Commonwealth

(Repealed).

§ 9809. Report requirements (Repealed).

§ 9810. Identification markers required (Repealed).

§ 9811. Average consumption (Repealed).

§ 9812. Records (Repealed).

§ 9813. Penalty and interest for failure to report or pay tax

(Repealed).

§ 9814. Time for payment of taxes, penalties and interest

(Repealed).

§ 9815. Manner of payment and recovery of taxes, penalties and

interest (Repealed).

§ 9816. Determination, redetermination and review (Repealed).

§ 9817. Timely mailing treated as timely filing and payment

(Repealed).

§ 9818. Availability of records of other agencies (Repealed).

§ 9819. False statements and penalties (Repealed).

§ 9820. Special investigators; powers (Repealed).

§ 9821. Regulations (Repealed).

Chapter 99. Tax Treatment of Certain Organizations

§ 9901. Corporate tax treatment of certain corporations

(Repealed).

TITLE 75

VEHICLES

Part

I. Preliminary Provisions

II. Title, Registration and Licensing

III. Operation of Vehicles

IV. Vehicle Characteristics

V. Administration and Enforcement

VI. Miscellaneous Provisions

Enactment. Unless otherwise noted, the provisions of Title

75 were added June 17, 1976, P.L.162, No.81, effective July 1,

1977.

Special Provisions in Appendix. See sections 2, 4, 5, 6 and

8 of Act 81 of 1976 in the appendix to this title for transition

provisions, saving provision, severability, applicability of

Statutory Construction Act and effective date.

PART I

PRELIMINARY PROVISIONS

Chapter

1. General Provisions

Enactment. Part I was added June 17, 1976, P.L.162, No.81,

effective July 1, 1977.

CHAPTER 1

GENERAL PROVISIONS

Sec.

101. Short title of title.

102. Definitions.

103. Uniformity of interpretation.

104. Continuation of existing law (Repealed).

Enactment. Chapter 1 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977.

§ 101. Short title of title.

This title shall be known and may be cited as the "Vehicle

Code."

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

"Abandoned vehicle."

(1) A vehicle (other than a pedalcycle) shall be

presumed to be abandoned under any of the following

circumstances, but the presumption is rebuttable by a

preponderance of the evidence:

(i) The vehicle is physically inoperable and is

left unattended on a highway or other public property

for more than 48 hours.

(ii) The vehicle has remained illegally on a highway

or other public property for a period of more than 48

hours.

(iii) The vehicle is left unattended on or along a

highway or other public property for more than 48 hours

and does not bear all of the following:

(A) A valid registration plate.

(B) A current certificate of inspection.

number.

(iv) The vehicle has remained on private property

without the consent of the owner or person in control

of the property for more than 24 hours.

(v) The vehicle has remained on the private property

of a salvor for 20 days.

(2) Vehicles and equipment used or to be used in

construction or in the operation or maintenance of highways

or public utility facilities, which are left in a manner

which does not interfere with the normal movement of traffic,

shall not be considered to be abandoned.

"Active work zone." The portion of a work zone where

construction, maintenance or utility workers are located on the

roadway, berm or shoulder.

"Agent service." A person that has been authorized by the

Department of Transportation to act as a card agent, a full

agent or an issuing agent.

"Air-mile." A nautical mile, which is equivalent to 6,076

feet. For purposes of this title, 150 air-miles are equivalent

to 172.6 miles.

"Alley." A street or highway intended to provide access to

the rear or side of lots or buildings in urban districts and

not intended for the purpose of through vehicular traffic.

"Ambulance." Any vehicle which is specifically designed,

constructed or modified and equipped and is used or intended

to be used and is maintained or operated for the purpose of

providing emergency medical care to and transportation of human

patients. The term includes advanced or basic life support

vehicles that may or may not transport such patients.

"Antique motor vehicle." A motor vehicle, but not a

reproduction thereof, manufactured more than 25 years prior to

the current year which has been maintained in or restored to a

condition which is substantially in conformance with

manufacturer specifications.

"Articulated bus." A bus designed to transport passengers

and on which passengers are authorized to be transported,

consisting of two or more units or sections permanently

assembled in tandem by flexible connections which permit

passenger movement throughout the length of the bus.

"Authorized vehicle." A vehicle or type of vehicle, other

than an emergency vehicle, for which special operating or

equipment privileges are given by law or regulation of the

department based on design and utility for work within a

highway.

"Autocycle." A three-wheeled motorcycle that has a steering

wheel and seating that does not require the operator to straddle

or sit astride.

"Automated driving system" or "ADS." The hardware and

software collectively capable of performing the entire dynamic

driving task on a sustained basis, regardless of whether limited

within a specific operational design domain and whether a Level

3, 4 or 5 driving automation system under SAE J3016.

"Automated red light enforcement system." A vehicle sensor

installed to work in conjunction with a traffic-control signal

which automatically produces one or more recorded images of a

vehicle at the time the vehicle is used or operated in a manner

which is a violation under this title.

"Automated speed enforcement system." An electronic traffic

sensor system that:

(1) is able to automatically detect vehicles exceeding

the posted speed limit with a type of speed timing device;

and

(2) produces a recorded image that shows:

(i) a clear and legible identification of only the

vehicle's license plate;

(ii) location; and

(iii) date and time.

"Automated speed enforcement work area." The portion of an

active work zone where construction, maintenance or utility

workers are located on the roadway, berm or shoulder and workers

are adjacent to an active travel lane and where an automated

speed enforcement system is active. For the purposes of this

definition, workers shall also be considered adjacent to an

active travel lane where workers are present and are protected

by a traffic barricade.

"Blood delivery vehicle." Any vehicle which is used or

intended to be used and is maintained or operated for the

purpose of transporting blood or blood products on an emergency

basis.

"Bodily injury." Impairment of physical condition or

substantial pain.

"Bus."

(1) a motor vehicle designed to transport 16 or more

passengers, including the driver; or

(2) a motor vehicle, other than a taxicab, limousine

or personal vehicle as defined in 66 Pa.C.S. § 102 (relating

to definitions), designed to transport not more than 15

passengers, including the driver, and used for the

transportation of persons for compensation.

The term does not include a vehicle used in a ridesharing

arrangement, as defined in the act of December 14, 1982

(P.L.1211, No.279), entitled "An act providing for ridesharing

arrangements and providing that certain laws shall be

inapplicable to ridesharing arrangements," or a school bus.

"Business district." The territory contiguous to and

including a highway when within any 600 feet along the highway

there are buildings in use for business or industrial purposes,

including but not limited to hotels, banks, or office buildings,

railroad stations and public buildings which occupy at least

300 feet of frontage on one side or 300 feet collectively on

both sides of the highway.

"Cancel." To void or terminate by formal action of the

department any license, registration or privilege issued or

granted by the department to which the individual is no longer

entitled.

"Certificate holder." A firm, copartnership, association,

corporation or educational or research institution holding a

valid certificate of compliance in accordance with Subchapter

B of Chapter 85 (relating to highly automated vehicles).

"Certified driver rehabilitation specialist." An experienced

practitioner in the field of driver rehabilitation training

who, through successful completion of a formal certification

examination, has proven their capacity to provide driver

rehabilitation services.

"Certified driving instructor." An individual who is

certified by the Department of Education to teach the safe

operation of motor vehicles.

"Chemical test or testing." Analysis performed on a

biological material, including but not limited to breath, blood

or urine, to determine the identity or concentration or both

of particular constituents such as alcohol or controlled

substances. Test procedures may rely on one or more physical

or chemical properties of the constituent and utilize

instrumental or chemical analysis techniques to accomplish the

determination.

"Classic motor vehicle." A motor vehicle, but not a

reproduction thereof, manufactured at least 15 years prior to

the current year which has been maintained in or restored to a

condition which is substantially in conformity with manufacturer

specifications and appearance. Any classic motor vehicle

registered under section 1340 (relating to antique and classic

plates) on the effective date of the amendment to this

definition which fails to qualify as a classic motor vehicle

pursuant to these provisions may retain such classic

registration unless another type of registration is applied for

and issued for the vehicle.

"Collectible motor vehicle." A reconstructed or modified

motor vehicle substantially modified from the manufacturer's

original specifications and appearance and maintained in a

collectible condition as determined by the Department of

Transportation.

"Combination." Two or more vehicles physically

interconnected in tandem.

"Commercial driver." A person who is either a commercial

driver license holder as defined in section 1603 (relating to

definitions) or who is driving a commercial motor vehicle.

"Commercial implement of husbandry." An implement of

husbandry that:

(1) Is a self-propelled vehicle.

(2) Is used to perform agricultural production or

harvesting activities exclusively on farms other than farms

owned or operated by the owner of the implement of husbandry.

(3) (Deleted by amendment).

The term also includes any other vehicle determined by the

department to be a commercial implement of husbandry.

"Construction truck." A three or four axle truck engaged

in construction operations.

"Containerized cargo." Manifested international freight in

a sealed, seagoing container.

"Converter gear." A trailer designed and used exclusively

to tow a semitrailer by mounting the semitrailer on the fifth

wheel of the converter gear. The term includes the terms

"auxiliary axle" and "jeep dolly."

"Court." Includes (when exercising criminal or

quasi-criminal jurisdiction pursuant to 42 Pa.C.S. § 1515

(relating to jurisdiction and venue) or concerning the receipt,

storage, reproduction, electronic transmission and admissibility

of documentation under section 1377 (relating to judicial

review) or 1550 (relating to judicial review)) a district

justice or issuing authority or the equivalent official from

the Federal Government or another state.

"Covered farm vehicle." A motor vehicle with a State-issued

designation as a farm vehicle, including a motor vehicle

operated in combination, which is:

(1) operated by a farmer or by a family member or

employee of the farmer;

(2) used to transport agricultural commodities,

livestock, farm machinery or farm supplies to or from a farm;

(3) not used in for-hire motor carrier operations; and

(4) not transporting hazardous materials that require

a placard.

"Crosswalk."

(1) That part of a roadway at an intersection included

within the connections of the lateral lines of the sidewalks

on opposite sides of the highway, measured from the curbs

or, in the absence of curbs, from the edges of the

traversable roadway; and, in the absence of a sidewalk on

one side of the roadway, that part of a roadway included

within the extension of the lateral lines of the existing

sidewalk.

(2) Any portion of a roadway at an intersection or

elsewhere distinctly indicated for pedestrian crossing by

lines or other markings on the surface.

"Dealer." A person engaged in the business of buying,

selling or exchanging vehicles.

"Department." The Department of Transportation of the

Commonwealth.

"District justice." (Deleted by amendment).

"Divided highway." A highway divided into two or more

roadways and so constructed as to impede vehicular traffic

between the roadways by providing an intervening space, physical

barrier or clearly indicated dividing section.

"Driveaway-towaway operation." Any operation in which any

motor vehicle, trailer or semitrailer, singly or in combination,

constitutes the commodity being transported, when one set or

more of wheels of the vehicle are on the highway during the

course of transportation, whether or not the vehicle furnished

the motive power.

"Driver." A person who drives or is in actual physical

control of a vehicle.

"Driver improvement school." A program for educating drivers

through a department-developed or approved curriculum that may

be presented either by the department or by a third party

approved by the department under section 1549 (relating to

establishment of schools).

"Driver's license." A license or permit to drive a motor

vehicle issued under this title.

"Electric personal assistive mobility device" or "EPAMD." A

self-balancing, two-nontandem-wheeled device designed to

transport only one person with an electric propulsion system.

"Electric vehicle." A motor vehicle which operates solely

by use of a battery or battery pack and which meets the

applicable Federal motor vehicle safety standards. The term

includes a motor vehicle which is powered mainly through the

use of an electric battery or battery pack but which uses a

flywheel that stores energy produced by the electric motor or

through regenerative braking to assist in operation of the motor

vehicle.

"Emergency canteen support service organization vehicle."

A vehicle that is:

(1) Owned by a Pennsylvania-registered, not-for-profit

corporation, which is authorized to do business within this

Commonwealth and has a minimum of two fully functional

canteen units and a minimum of one restroom facility vehicle.

(2) Registered with the county emergency dispatch center

as an emergency canteen support service vehicle on call 24

hours a day, seven days a week, 52 weeks per year.

(3) Dispatched for emergency service only via the county

emergency dispatch center upon request of an emergency

provider, whether fire, police, river rescue or other

emergency provider.

"Emergency service responder." An individual acting in an

official capacity as any of the following:

(1) A police officer.

(2) A sheriff or deputy sheriff.

(3) A coroner or deputy coroner.

(4) A firefighter.

(5) Fire police.

(6) A fire marshal.

(7) A medical examiner or deputy medical examiner.

(8) Rescue personnel.

(9) Ambulance personnel.

(10) Towing and recovery personnel.

(11) Highway maintenance and construction personnel.

(12) Hazardous material response team member.

(13) Emergency medical services personnel.

(14) Contractors or employees of a public utility as

defined under 66 Pa.C.S. § 102 (relating to definitions), a

municipally owned utility or an electric cooperative as

defined in 15 Pa.C.S. Ch. 73 (relating to electric

cooperative corporations).

(15) A police officer who is also a member of a county

or regional municipal special emergency response team which

is authorized to respond to emergencies under 42 Pa.C.S. §

8953 (relating to Statewide municipal police jurisdiction).

"Emergency vehicle." A State or county emergency management

vehicle, fire department vehicle, police vehicle, sheriff

vehicle, ambulance, advanced life support squad vehicle, basic

life support squad vehicle, emergency canteen support service

organization vehicle, blood delivery vehicle, human organ

delivery vehicle, hazardous material response vehicle, armed

forces emergency vehicle, one vehicle operated by a coroner or

chief county medical examiner and one vehicle operated by a

chief deputy coroner or deputy chief county medical examiner

used for answering emergency calls, a vehicle owned by or leased

to a regional emergency medical services council that is used

as authorized by the Department of Health to respond to an

actual or potential disaster, mass casualty situation or

substantial threat to public health, a vehicle owned by a county

or regional police association and operated by a police officer

that is used for police transport or victim extraction, a

vehicle that is owned and operated by a county correctional

institution in a city of the first class and used to respond

to an emergency at a correctional institution in a city of the

first class or to escort an ambulance which is transporting

sick or injured prisoners in a city of the first class, any

vehicle operated by a special agent, special agent supervisor,

narcotics agent or narcotics agent supervisor while performing

official duties as employees of the Office of Attorney General,

any vehicle owned and operated by the Philadelphia Parking

Authority established in accordance with 53 Pa.C.S. Ch. 55

(relating to parking authorities) and used in the enforcement

of 53 Pa.C.S. Ch. 57 (relating to taxicabs and limousines in

first class cities), a vehicle owned by a city of the first

class and operated by first judicial district certified armed

probation officers, a vehicle owned and operated by the

Pennsylvania Turnpike Commission that is used by an emergency

service responder as dispatched by the Pennsylvania Turnpike

Commission's traffic operations center, or any other vehicle

designated by the State Police under section 6106 (relating to

designation of emergency vehicles by Pennsylvania State Police),

or a privately owned vehicle used in answering an emergency

call when used by any of the following:

(1) A police chief and assistant chief.

(2) A fire chief, assistant chief and, when a fire

company has three or more fire vehicles, a second or third

assistant chief.

(3) A fire police captain and fire police lieutenant.

(4) An ambulance corps commander and assistant

commander.

(5) A river rescue commander and assistant commander.

(6) A county emergency management coordinator.

(7) A fire marshal.

(8) A rescue service chief and assistant chief.

(9) The chief or operations director of a county

hazardous materials response team.

(10) A police officer who is also a member of a county

or regional municipal special emergency response team which

is authorized to respond to emergencies under 42 Pa.C.S. §

8953 (relating to Statewide municipal police jurisdiction).

"Engineering and traffic study." An orderly examination or

analysis of physical features and traffic conditions conducted

in accordance with regulations of the department and conforming

to generally accepted engineering standards and practices for

the purpose of ascertaining the need or lack of need for a

particular action by the department or local authorities.

"Essential parts." All major component parts of a vehicle

of a type required to be registered under this title, the

removal, alteration or substitution of which would tend to

conceal the identity of the vehicle or substantially alter its

appearance, model, type or mode of operation.

"Established place of business." The place actually occupied

either continuously or at regular periods by a dealer,

manufacturer or other vehicle-related business where the books

and records are kept and a large share of the business is

transacted.

"Exhibit." Surrender of a document into the temporary

possession of a person for the purpose of examining the

document.

"Farm equipment." A vehicle that is specifically designed

and manufactured for and used exclusively in agriculture to

plant, seed, cultivate, harvest or apply soil nutrients,

fertilizers or chemicals. The term also includes any other

vehicle determined by the department to be farm equipment.

"Farm vehicle." A truck or truck tractor determined by the

Department of Transportation to be used exclusively for

agricultural purposes.

"Fire department vehicle." A vehicle:

(1) owned or leased by an organized paid or volunteer

fire department; or

(2) owned or leased by a fire relief association and

utilized by an organized paid or volunteer fire department.

"Fleet owner." A person, Federal, State or local government

agency or authority owning or leasing 15 or more vehicles who

or which provides servicing and repair of the vehicles.

"Foreign vehicle." A vehicle of a type required to be

registered under this title brought into this Commonwealth from

another state, territory or country other than in the ordinary

course of business by or through a manufacturer or dealer and

not registered in this Commonwealth.

"For-hire motor carrier operations." The transportation of

goods or passengers for compensation.

"Freeway." A limited access highway to which the only means

of ingress and egress is by interchange ramps.

"Full trailer." A trailer so constructed that no part of

its weight rests upon the towing vehicle. A semitrailer attached

to a towing vehicle by means of an auxiliary front axle or dolly

shall be deemed to be a full trailer.

"General rule." A rule or order promulgated by the governing

authority, as defined in 42 Pa.C.S. § 102 (relating to

definitions), of the unified judicial system.

"Golf cart." A self-propelled motor vehicle designed and

manufactured for the transportation of persons or equipment for

sporting, maintenance or recreational purposes that is not

capable of exceeding a speed of 20 miles per hour.

"Gross combination weight rating (GCWR)." The value

specified by the manufacturer as the loaded weight of a

combination.

"Gross vehicle weight rating (GVWR)." The value specified

on the Federal weight certification label by the manufacturer

as the loaded weight of a single vehicle.

"Gross weight." The combined weight of a vehicle or

combination of vehicles and its load excluding the driver's

weight.

"Hazardous material." Any explosive, blasting agent,

flammable liquid, combustible liquid, flammable solid, flammable

or nonflammable compressed gas, corrosive material, poison,

poison gas, irritant, oxidizer, organic peroxide, radioactive

material, etiologic agent, cryogenic liquid, hazardous waste,

hazardous substance or other material which the department by

procedure prescribed in Chapter 83 (relating to hazardous

materials transportation) declares to be a hazardous material.

"Hazardous material response vehicle." A vehicle owned or

leased by a hazardous material response team certified through

the Pennsylvania Emergency Management Agency.

"Highly automated vehicle" or "HAV." A motor vehicle

equipped with an automated driving system. The term excludes a

personal delivery device.

"Highly automated vehicle driver." An individual who is an

authorized employee or contractor of a certificate holder and

who is responsible for all or part of the dynamic driving task

for a highly automated vehicle and is:

(1) on board the highly automated vehicle; or

(2) in a remote location within the United States and

is capable of monitoring and controlling the highly automated

vehicle.

"Highly automated work zone vehicle." (Deleted by

amendment).

"Highway." The entire width between the boundary lines of

every way publicly maintained when any part thereof is open to

the use of the public for purposes of vehicular travel. The

term includes a roadway open to the use of the public for

vehicular travel on grounds of a college or university or public

or private school or public or historical park.

"House coach." A vehicle with an enclosed area which is

designed, constructed or equipped for use, either permanently

or temporarily, as a dwelling place, living abode, sleeping

place or camping accommodation. A house coach includes motor

homes, slide-in cabins and sleeping units specifically designed

for mounting on a pickup truck and sleeping cabins designed for

use on trucks and truck tractors operated for heavy-duty,

long-distance hauling.

"House trailer."

(1) A trailer which is designed, constructed and

equipped as a dwelling place, living abode or sleeping place

(either permanently or temporarily) and is equipped for use

as a conveyance on streets and highways.

(2) A trailer containing a chassis and exterior shell

designed and constructed for use as a house trailer, as

defined in paragraph (1), but which is used permanently or

temporarily for advertising, sales, display or promotion of

merchandise or services, or for any other commercial purpose

except the transportation of property.

"Human organ delivery vehicle." Any vehicle which is used

or intended to be used and is maintained or operated for the

purpose of transporting human organs or human tissue on an

emergency basis.

"Hybrid electric vehicle." An electric vehicle which allows

power to be delivered to the drive wheels solely by a

battery-powered electric motor but which also incorporates the

use of a combustion engine to provide power to the battery and

which meets the applicable Federal motor vehicle safety

standards. The primary source of power for the motor must be

the electric battery or battery pack and not the combustion

engine.

"Ignition interlock limited license." A driver's license

issued to an individual whose operating privilege is suspended

or revoked for one or more violations under section 1547

(relating to chemical testing to determine amount of alcohol

or controlled substance) or 3802 (relating to driving under

influence of alcohol or controlled substance) or under former

section 3731 (relating to driving under influence of alcohol

or controlled substance) or a violation substantially similar

to a violation under section 3802 or former section 3731 in

another jurisdiction, requiring the individual to operate only

motor vehicles equipped with a functioning ignition interlock

system.

"Implement of husbandry." Farm equipment that meets all of

the following criteria:

(1) Is equipped with pneumatic tires except if

prohibited by religious beliefs.

(2) Is infrequently operated or moved upon highways.

(3) Is used in agriculture for any of the following

purposes:

(i) performance of agriculture production or

harvesting activities for the farmer's agricultural

operations; or

(ii) transportation of agricultural products or

agricultural supplies for the benefit of the farmer's

agricultural operations.

The term also includes earthmoving equipment and any other

vehicle determined by the department to be an implement of

husbandry.

"Interactive mobile device." A handheld wireless telephone,

personal digital assistant, smart phone, portable or mobile

computer or similar device which can be used for voice

communication, texting, emailing, browsing the Internet, instant

messaging, playing games, taking or transmitting images,

recording or broadcasting videos, creating or sharing social

media or otherwise sending or receiving electronic data. The

term does not include any of the following:

(1) a device being used exclusively as a global

positioning or navigation system;

(2) a device that is being used in a hands-free manner

or with a hands-free accessory or system, including one that

is physically or electronically integrated into the vehicle;

(3) a device that is affixed to a mass transit vehicle,

bus or school bus;

(4) a mobile or handheld radio being used by a person

with an amateur radio station license issued by the Federal

Communications Commission;

(5) a device being used exclusively for emergency

notification purposes;

(6) a device being used exclusively by an emergency

service responder while engaged in the performance of duties;

(7) a device being used exclusively by a commercial

driver who within the scope of the individual's employment

uses a device if the use is permitted under regulations

promulgated under 49 U.S.C. § 31136 (relating to United

States Government regulations).

"Intersection."

(1) The area embraced within the prolongation or connection

of the lateral curb lines, or, if none, then the lateral

boundary lines of the roadways of two highways which join one

another at, or approximately at, right angles, or the area

within which vehicles traveling upon different highways joining

at any other angle may come in conflict.

(2) Where a highway includes two roadways 30 feet or more

apart, then every crossing of each roadway of the divided

highway by an intersecting highway shall be regarded as a

separate intersection. In the event the intersecting highway

also includes two roadways 30 feet or more apart, then every

crossing of two roadways of the highways shall be regarded as

a separate intersection.

"Interstate highway." A freeway on the Dwight D. Eisenhower

System of Interstate and Defense Highways.

"Issuing authority." A public official having the power and

authority of a magisterial district judge.

"Laned roadway." A roadway which is divided into two or

more clearly marked lanes for vehicular traffic.

"Learner's permit." A permit issued for the purpose of

learning to operate a motor vehicle.

"Lienholder." A person holding a security interest in a

vehicle.

"Limited access highway." A highway in respect to which

owners or occupants of abutting lands and other persons have

no legal right of access except at points and in the manner

determined by the authority having jurisdiction over the

highway.

"Limousine." A motor vehicle designed for carrying no more

than nine passengers, exclusive of the driver, and used for the

transportation of persons for compensation.

"Local authorities." County, municipal and other local

boards or bodies having authority to enact laws relating to

traffic. The term also includes airport authorities, except

where those authorities are located within counties of the first

class or counties of the second class.

"Low-vision rehabilitation specialist." An individual who

has been trained and certified regarding bioptic telescopes by

an appropriate training program as approved by the department.

The term includes an occupational therapist with specialty

certification in low vision, a certified orientation and

mobility specialist, a certified low-vision therapist, a teacher

of visually impaired students, an optometrist, ophthalmologist

and other eye care practitioner.

"Magisterial district judge." Includes a judge of a

community court, of the Pittsburgh Magistrates Court, and of

the Traffic Court of Philadelphia when exercising the

jurisdiction of a magisterial district judge under this title.

"Major component parts." Includes any of the following parts

of a vehicle: engine, transmission, front-end assemblies or

unibodies structure which may consist of headlight, grille,

fenders, bumpers and hood; fenders; hood; any door; any bumper;

pickup box or cargo box; airbags; computer assembly; radio or

stereo components; or trunk lid, deck lid, tailgate or

hatchback, whichever is present.

"Manufactured construction unit." A building manufactured

in sections in a production plant, transported to a site and

set on a foundation to form a complete commercial or

institutional noncombustible building.

"Manufactured home." A manufactured home as defined in

section 603(6) of the National Manufactured Housing Construction

and Safety Standards Act of 1974 (Public Law 93-383, 42 U.S.C.

§ 5402(6)). The term includes a mobile home.

"Manufacturer." A person engaged in the business of

constructing or assembling vehicles or motors or bodies of

vehicles.

"Manufacturer's shipping weight." The weight of a vehicle

including all installed options as delivered for retail sale

by the final stage manufacturer and as indicated on the

manufacturer's certificate of origin.

"Mass transit vehicle." A self-propelled or electrically

propelled device designed for carrying 15 or more passengers

exclusive of the driver, other than a taxicab, designed and

used for the transportation of persons for compensation,

including but not limited to subway cars, buses, trolleys and

trackless trolleys but excluding railroad passenger cars.

"Maxi-cube vehicle." A combination. The truck may have

either a detachable or permanently attached cargo box. The cargo

box on the trailer shall be designed such that the truck may

be loaded and unloaded through the trailer. Neither cargo box

shall exceed 34 feet in length, and the overall length of the

combination shall not exceed 65 feet.

"Messenger service." A person who, for a fee, advertises,

offers or provides to the public the service of obtaining from

the department vehicle titles, registrations, drivers' licenses

and similar documents. A dealer who obtains documents only for

purchasers of vehicles from the dealer is not a messenger

service.

"Mileage." The actual distance that a vehicle has traveled.

"Mobile home." A trailer designed and used exclusively for

living quarters or commercial purposes which exceeds the maximum

size limitations prescribed by this title for operation on a

highway and is only incidentally operated on a highway.

"Modified vehicle." A vehicle of a type required to be

registered under this title materially altered by the addition,

deletion, substitution or modification of the body, chassis or

essential parts, new or used. The term does not include vehicles

that have been repaired to the function and appearance of

vehicles in their original condition or vehicles where

final-stage or second-stage manufacturers provide a manufacturer

statement of origin or a federally required certification label

at the time of the original title and registration application.

"Modular housing undercarriage." A trailer which is used

to transport a modular housing unit.

"Modular housing unit." A unit transported on a removable

or nonremovable frame designed for residential purposes which

is wholly or in substantial part fabricated, formed or assembled

in manufacturing facilities for assembly and installation on

the building site.

"Motor carrier vehicle."

(1) A truck, truck tractor or combination having a gross

vehicle weight rating, gross combination weight rating,

registered gross weight, registered combination weight or

actual gross weight of 17,001 pounds or more.

(2) A truck, truck tractor or combination engaged in

interstate commerce and having a gross vehicle weight rating,

gross combination weight rating, registered gross weight,

registered combination weight or actual gross weight of

10,001 pounds or more.

"Motor home." A motor vehicle designed or adapted for use

as a mobile dwelling or office, except a motor vehicle equipped

with a truck-camper.

"Motor vehicle." A vehicle which is self-propelled except

an electric personal assistive mobility device or a vehicle

which is propelled solely by human power.

"Motorcycle." A motor vehicle having a seat or saddle for

the use of the rider and:

(1) designed to travel on not more than three wheels

in contact with the ground; or

(2) designed to travel on two wheels in contact with

the ground which is modified by the addition of two

stabilizing wheels on the rear of the motor vehicle.

The term includes an autocycle.

"Motor-driven cycle." A motorcycle, including a motor

scooter, with a motor which produces not to exceed five brake

horsepower.

"Motorized pedalcycle." A motor-driven cycle equipped with

operable pedals, a motor rated no more than 1.5 brake

horsepower, a cylinder capacity not exceeding 50 cubic

centimeters, an automatic transmission, and a maximum design

speed of no more than 25 miles per hour or an electric

motor-driven cycle equipped with operable pedals and an

automatic transmission powered by an electric battery or battery

pack-powered electric motor with a maximum design speed of no

more than 25 miles per hour.

"Multipurpose agricultural vehicle." A motor vehicle which

is 66 inches or less in width and 2,000 pounds or less in dry

weight and which is used exclusively for agricultural operations

and only incidentally operated or moved upon the highways.

"Neighborhood electric vehicle." A four-wheeled electric

vehicle that has a maximum design speed of not less than 20

miles per hour and of not more than 25 miles per hour and that

complies with the Federal safety standards established in 49

CFR 571.500 (relating to standard no. 500; low-speed vehicles).

"Nondivisible." Incapable of being divided into parts or

dismembered without substantially damaging its usefulness or

value.

"Nonrepairable vehicle." An abandoned vehicle under

paragraph (1)(iii) of the definitions of "abandoned vehicle"

which is incapable of safe operation for use on roadways or

highways and which has no resale value except as a source of

parts or scrap only, a salvage vehicle issued a nonrepairable

or nonrebuildable vehicle document by another state or a vehicle

which a salvor or vehicle salvage dealer designates as a source

for parts or scrap or which the owner irreversibly designates

as a source for parts or scrap. Such vehicles may not be issued

a certificate of title or certificate of salvage.

"Nonresident." A person who is not a resident of this

Commonwealth.

"Number." When used in the context of identification means

a series of numerals or letters or both, with or without a

prefix or suffix.

"Numbered traffic route." A highway which has been assigned

an interstate, United States or Pennsylvania route number,

consisting of three or fewer digits, to aid motorists in their

travels.

"Occupational limited license." A license, issued under

this title to a driver whose operating privileges have been

suspended, to permit the operation of a motor vehicle under

certain conditions, when necessary for the driver's occupation,

work, trade or study.

"Official traffic-control devices." Signs, signals, markings

and devices not inconsistent with this title placed or erected

by authority of a public body or official having jurisdiction,

for the purpose of regulating, warning or guiding traffic.

"Operating privilege." The privilege to apply for and obtain

a license to use as well as the privilege to use a vehicle on

a highway as authorized in this title, but not a contract,

property right or civil right.

"Overtime parking." The continuous parking of a vehicle for

a period of time exceeding the maximum period established by

law.

"Owner." A person, other than a lienholder, having the

property right in or title to a vehicle. The term includes a

person entitled to the use and possession of a vehicle subject

to a security interest in another person, but excludes a lessee

under a lease not intended as security.

"Park" or "parking."

(1) When permitted, means the temporary storing of a

vehicle, whether occupied or not, off the roadway.

(2) When prohibited, means the halting of a vehicle,

whether occupied or not, except momentarily for the purpose

of and while actually engaged in loading or unloading

property or passengers.

"Passenger car." A motor vehicle, except a motorcycle,

designed primarily for the transportation of persons and

designed for carrying no more than 15 passengers, including the

driver, and primarily used for the transportation of persons.

The term includes motor vehicles which are designed with seats

that may be readily removed and reinstalled, but does not

include such vehicles if used primarily for the transportation

of property.

"Pedalcycle." A vehicle propelled solely by human-powered

pedals or a pedalcycle with electric assist. The term does not

mean a three-wheeled human-powered pedal-driven vehicle with a

main driving wheel 20 inches in diameter or under and primarily

designed for children six years of age or younger.

"Pedalcycle with electric assist." A vehicle weighing not

more than 100 pounds with two or three wheels more than 11

inches in diameter, manufactured or assembled with an electric

motor system rated at not more than 750 watts and equipped with

operable pedals and capable of a speed not more than 20 miles

per hour on a level surface when powered by the motor source

only. The term does not include a device specifically designed

for use by persons with disabilities.

"Pedestrian." Any of the following:

(1) An individual afoot.

(2) An individual with a mobility-related disability

on a self-propelled wheelchair or an electrical mobility

device operated by and designated for the exclusive use of

an individual with a mobility-related disability.

(3) A personal delivery device.

"Pennsylvania Turnpike." The highway system owned and

operated by the Pennsylvania Turnpike Commission.

"Person." A natural person, firm, copartnership, association

or corporation.

"Personal delivery device" or "PDD." A ground delivery

device that:

(1) is manufactured for transporting cargo or goods;

(2) is operated by a driving system that allows remote

or autonomous operation, or both; and

(3) weighs 550 pounds or less without cargo or goods.

"Platoon." (Deleted by amendment).

"Police officer." A natural person authorized by law to

make arrests for violations of law.

"Private road or driveway." A way or place in private

ownership and used for vehicular travel by the owner and those

having express or implied permission from the owner, but not

by other persons.

"Railroad grade crossing." One or more railroad tracks, but

not streetcar tracks, which intersect or cross a highway at the

same level or grade.

"Railroad sign or signal." A sign, signal or device erected

by authority of a public body or official or by a railroad and

intended to give notice of the presence of railroad tracks or

the approach of a railroad train.

"Recall." To withdraw by formal action of the department

for an indefinite period the operating privilege of a person

for reasons of incompetency.

"Reconstructed vehicle." A vehicle, other than an antique

or classic vehicle, for which a certificate of salvage was

issued and is thereafter restored to operating condition to

meet the vehicle equipment and inspection standards under Part

IV (relating to vehicle characteristics).

"Recorded image." An image recorded by an automated red

light enforcement system on a photograph, a digital image or

any other image-capture technology.

"Recovered theft vehicle." A vehicle other than an antique

or classic vehicle which was reported as stolen but subsequently

recovered.

"Recreational cargo trailer." A trailer designed or adapted

for the purposes of transporting animals or vehicles for

noncommercial recreational use, such as a horse trailer,

watercraft trailer or all-terrain trailer.

"Recreational trailer." A trailer designed or adapted to

provide temporary living quarters for noncommercial

recreational, camping or travel use.

"Registered gross weight."

(1) The maximum gross weight at which a vehicle or

combination is registered in this Commonwealth to operate

upon a highway, which shall include the weight at which a

vehicle or combination is registered for operation in this

Commonwealth under any system of proportional registration

pursuant to Subchapter C of Chapter 61 (relating to

reciprocity).

(2) For the purposes of Chapter 49 (relating to size,

weight and load) and the definition of "motor carrier

vehicle," if there is no registered gross weight as defined

in paragraph (1), then the term shall mean the maximum gross

weight at which a vehicle or combination registered in

another state is registered or otherwise authorized to

operate by such state.

"Registration." The authority for a vehicle to operate on

a highway as evidenced by the issuance of an identifying card

and plate or plates.

"Residence district." The territory contiguous to and

including a highway not comprising a business district when the

property on the highway for a distance of 300 feet or more is

in the main improved with residences or residences and buildings

in use for business.

"Resident." A person dwelling permanently or continuously

for a period exceeding 60 consecutive days within this

Commonwealth, except that a person who regularly dwells in two

or more states shall declare residence to be in any one of the

states.

"Revoke." To terminate by formal action of the department

any license, registration or privilege issued or granted by the

department. Following a period of revocation, the license,

registration or privilege may not be restored except upon

submission and acceptance of a new application.

"Right-of-way." The right of one vehicle or pedestrian to

proceed in a lawful manner in preference to another vehicle or

pedestrian approaching under such circumstances of direction,

speed and proximity as to give rise to danger or collision

unless one grants precedence to the other.

"Roadway." That portion of a highway improved, designed or

ordinarily used for vehicular travel, exclusive of the sidewalk,

berm or shoulder even though such sidewalk, berm or shoulder

is used by pedalcycles. In the event a highway includes two or

more separate roadways the term "roadway" refers to each roadway

separately but not to all such roadways collectively.

"Saddle-mount operation." Any operation in which any truck

or truck tractor tows one or more trucks or truck tractors,

each connected by a saddle to the frame or fifth wheel of the

vehicle in front of it. The saddle is a mechanism that connects

the front axle of the towed vehicle to the frame or fifth wheel

of the vehicle in front and functions like a fifth wheel kingpin

connection.

"SAE J3016." Surface Vehicle Recommended Practice Taxonomy

and Definitions for Terms Related to Driving Automation Systems

for On-Road Motor Vehicles published by the Society of

Automotive Engineers (SAE) International in April 2021 and as

it existed on the effective date of this definition or such

subsequent date as may be provided by the department through

regulation and consistent with Subchapter B of Chapter 85.

"Safety seat belt system." Any strap, webbing or similar

device designed to secure a person in a motor vehicle in order

to mitigate the results of any accident, including buckles,

fasteners and all installation hardware as specified by Federal

Motor Vehicle Safety Standard No. 209 (49 C.F.R. § 571.209).

"Safety zone." The area or space officially set apart within

a roadway for the exclusive use of pedestrians.

"Salvage motor vehicle auction or pool operator." A person

who on his own behalf or as an agent for a third party engages

in business for the purpose of offering for sale wrecked or

salvage motor vehicles through an auction or private bid process

to vehicle salvage dealers.

"Salvage vehicle." A vehicle which is inoperable or unable

to meet the vehicle equipment and inspection standards under

Part IV (relating to vehicle characteristics) to the extent

that the cost of repairs would exceed the value of the repaired

vehicle. The term does not include a vehicle which would qualify

as an antique or classic vehicle except for its lack of

restoration or maintenance.

"Salvor." A person engaged in the business of acquiring

abandoned vehicles for the purpose of taking apart, recycling,

selling, rebuilding or exchanging the vehicles or parts thereof.

"School bus." A motor vehicle which:

(1) is designed to carry 11 passengers or more,

including the driver; and

(2) is used for the transportation of preprimary,

primary or secondary school students to or from public,

private or parochial schools or events related to such

schools or school-related activities.

The term does not include a motor vehicle used to transport

preprimary, primary or secondary school students to or from

public, private or parochial schools or events related to such

schools or school-related activities, which is designed to carry

11 to 15 passengers, including the driver, and which is

registered in this Commonwealth as a bus prior to March 1, 1993,

or a motor vehicle which is designed to carry 11 to 15

passengers, including the driver, and which was titled to any

public, private or parochial school on or before March 1, 1993,

and which is registered to that public, private or parochial

school in this Commonwealth as a bus prior to September 15,

1993.

"School vehicle." A motor vehicle, except a motorcycle,

designed for carrying no more than ten passengers, including

the driver, and used for the transportation of preprimary,

primary or secondary school students while registered by or

under contract to a school district or private or parochial

school. The term includes vehicles having chartered, group and

party rights under the Pennsylvania Public Utility Commission

and used for the transportation of school children.

"Scrap metal processor." A person whose principal business

is the operation of an establishment having facilities for

processing iron, steel or nonferrous scrap metals, and whose

principal product is scrap iron, scrap steel or nonferrous scrap

for resale for remelting purposes only.

"Second-stage manufacturer." A person engaged in performing

manufacturing operations on an incomplete vehicle produced by

a manufacturer.

"Secretary." The Secretary of Transportation of the

Commonwealth.

"Secure power of attorney." A document printed with security

features containing all information required by Federal law and

regulations which a transferor may use when a vehicle is

transferred to authorize a transferee to disclose odometer

mileage in lieu of the transferor completing the odometer

information on a certificate of title in the event that the

transferor's certificate of title is encumbered by a lienholder.

"Security interest." An interest in a vehicle reserved or

created by agreement which secures payment or performance of

an obligation. The term includes the interest of a lessor under

a lease intended as security. A security interest is perfected

when it is valid against third parties generally, subject only

to specific statutory exceptions.

"Semitrailer." A trailer so constructed that some part of

its weight rests upon or is carried by the towing vehicle.

"Serious bodily injury." Any bodily injury which creates a

substantial risk of death or which causes serious, permanent

disfigurement or protracted loss or impairment of the function

of any bodily member or organ.

"Shall." Indicates that an action is required or prohibited.

"Should." Indicates that an action is advisable but not

required.

"Sidewalk." That portion of a street between curb lines,

or the lateral lines of a roadway, and the adjacent property

lines, intended for use by pedestrians.

"Solid waste collection vehicle." A vehicle used for the

curbside collection of municipal solid waste or recyclables.

"Special mobile equipment."

(1) Vehicles not designed or used primarily for the

transportation of persons or property, except for tools and

parts necessary for the use and maintenance of the vehicle,

and only incidentally operated or moved over a highway.

(2) Vehicles which have machinery permanently attached

shall not carry a load, except for tools and parts necessary

for the use and maintenance of the permanently attached

machinery and are only incidentally operated or moved over

a highway.

(3) Motor vehicles used primarily for road and bridge

maintenance or repair which carry a load of asphalt emulsion

or epoxy and aggregate material, that is applied as a

finished product by the vehicle's equipment directly to a

highway or trafficway for maintenance or repair of the road

or bridge surface.

The term includes, but is not limited to, ditch digging

apparatus, well boring apparatus; earth moving and road

construction and maintenance machinery, such as asphalt

spreaders, bituminous mixers, bucket loaders, snowplows,

ditchers, graders, patchers, finishing machines, road rollers,

scarifiers, earth moving carryalls, scrapers, power shovels and

drag lines; and self-propelled cranes and tractors, other than

truck tractors. The term does not include house trailers; dump

trucks; or truck-mounted transit mixers, cranes or shovels.

"Specially constructed vehicle." A vehicle not originally

constructed under a distinctive name, make, model or type by a

generally recognized manufacturer of vehicles.

"Stand" or "standing." When prohibited, means the halting

of a vehicle, whether occupied or not, except momentarily for

the purpose of and while actually engaged in receiving or

discharging passengers.

"State." A state, territory or possession of the United

States, the District of Columbia, the Commonwealth of Puerto

Rico or a province of Canada.

"State designated highway." A highway or bridge on the

system of highways and bridges over which the department has

assumed or has been legislatively given jurisdiction.

"Status." With respect to an abandoned vehicle, a

determination by police and a salvor as to the condition or

value of the abandoned vehicle. The determination shall be one

of the following: vehicle with value, salvage vehicle or

nonrepairable vehicle.

"Stinger-steered automobile" or "boat transporter." A truck

tractor-semitrailer combination wherein the fifth wheel is

located on a drop frame located behind and below the rearmost

axle of the power unit.

"Stop" or "stopping."

(1) When required, means complete cessation from

movement.

(2) When prohibited, means any halting even momentarily

of a vehicle, whether occupied or not, except when necessary

to avoid conflict with other traffic or in compliance with

the directions of a police officer or traffic-control sign

or signal.

"Streetcar." A car other than a railroad train for

transporting persons or property and operated upon rails.

"Street rod." A motor vehicle, or a reproduction thereof,

with a model year of 1948 or older which has been materially

altered or modified by the removal, addition or substitution

of essential parts and with a gross weight or registered gross

weight of not more than 9,000 pounds.

"Suspend." To withdraw temporarily by formal action of the

department any license, registration or privilege issued or

granted by the department. Following a period of suspension,

the department shall restore the license, registration or

privilege.

"Tandem axle." Every axle located within eight feet of

another axle.

"Taxi." A motor vehicle designed for carrying no more than

eight passengers, exclusive of the driver, on a call and demand

service, and used for the transportation of persons for

compensation.

"Terminal." Any location where:

(1) freight either originates, terminates or is handled

in the transportation process; or

(2) commercial motor carriers maintain operating

facilities.

"Theft vehicle." A vehicle, other than an antique or classic

vehicle, which was reported stolen.

"Through highway." A highway or portion of a highway on

which vehicular traffic is given preferential right-of-way, and

at the entrances to which vehicular traffic from intersecting

highways is required by law to yield the right-of-way to

vehicles on the through highway in obedience to a stop sign,

yield sign or other official traffic-control device when the

signs or devices are erected as provided in this title.

"Tire width." The linear distance between the exteriors of

the sidewalls of an uninflated tire, excluding elevations due

to labeling, decoration or protective sidebands.

"Tow dolly." A trailer designed and used exclusively to tow

another vehicle by mounting its front or rear wheels on the tow

dolly while the other wheels of the towed vehicle remain in

contact with the ground.

"Traffic." Pedestrians, ridden or herded animals, vehicles,

streetcars and other conveyances, whether singly or together,

using any highway for purposes of travel.

"Traffic-control signal." A device, whether manually,

electrically or mechanically operated, by which traffic is

alternately directed to stop and permitted to proceed.

"Trafficway." The entire width between property lines or

other boundary lines of every way or place of which any part

is open to the public for purposes of vehicular travel as a

matter of right or custom.

"Trailer." A vehicle designed to be towed by a motor

vehicle.

"Transfer." To change ownership by purchase, gift or any

other means.

"Transferee." A person to whom ownership of a motor vehicle

is transferred, by purchase, gift or any means other than by

the creation of a security interest, and any person who, as

agent, signs an odometer disclosure statement for the

transferee.

"Transferor." A person who transfers his ownership of a

motor vehicle by sale, gift or any means other than by the

creation of a security interest and any person who, as agent,

signs an odometer disclosure statement for the transferor.

"Truck." A motor vehicle designed primarily for the

transportation of property. The term includes motor vehicles

designed with seats that may be readily removed and reinstalled

if those vehicles are primarily used for the transportation of

property.

"Truck-camper." A structure designed, used or maintained

primarily to be loaded or affixed to a motor vehicle to provide

a mobile dwelling, sleeping place, office or commercial space.

"Truck tractor." A motor vehicle designed and used primarily

for drawing other vehicles and not so constructed as to carry

a load other than a part of the weight of the vehicle and load

so drawn.

"Urban district." The territory contiguous to and including

any street which is built up with structures devoted to

business, industry or dwelling houses situated at intervals of

less than 100 feet for a distance of a quarter of a mile or

more.

"Urban mass transportation system." A person holding a

certificate of the Public Utility Commission or a municipality

authority, port authority or transportation authority

established under the laws of this Commonwealth that transports

persons on schedule over fixed routes and derives over 80% of

their intrastate scheduled revenue from scheduled operations

within the county in which they have their principal place of

business, or contiguous counties.

"Utility trailer." A trailer, except a recreational trailer,

which does not have air brakes.

"Valueless except for salvage." (Deleted by amendment).

"Vehicle." Every device in, upon or by which any person or

property is or may be transported or drawn upon a highway,

except devices used exclusively upon rails or tracks. The term

does not include a self-propelled wheelchair or an electrical

mobility device operated by and designed for the exclusive use

of a person with a mobility-related disability.

"Vehicle identification number" or "VIN." A combination of

numerals or letters or both which the manufacturer assigns to

a vehicle for identification purposes, or, in the absence of a

manufacturer-assigned number, which the department assigns to

a vehicle for identification purposes.

"Work zone." The area of a highway where construction,

maintenance or utility work activities are being conducted which

is properly signed as a work zone in accordance with regulations

of the Department of Transportation.

"Wrecker." A motor vehicle designed or constructed and used

for the towing of abandoned or disabled vehicles.

"Zero-emission vehicle." A motor vehicle which produces no

emissions of any criteria of pollutants under any operational

mode and under any conditions and which meets the applicable

Federal motor vehicle safety standards.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 6, 1979,

P.L.39, No.12, eff. imd.; June 18, 1980, P.L.223, No.67, eff.

imd.; June 18, 1980, P.L.229, No.68, eff. 60 days; Oct. 10,

1980, P.L.791, No.147, eff. imd.; July 10, 1981, P.L.250, No.82,

eff. imd.; Mar. 7, 1982, P.L.152, No.49, eff. imd.; June 23,

1982, P.L.605, No.171, eff. imd.; Dec. 15, 1982, P.L.1268,

No.289, eff. 30 days; July 7, 1983, P.L.32, No.19, eff. imd.;

July 22, 1983, P.L.122, No.32, eff. imd.; Feb. 12, 1984, P.L.26,

No.11, eff. Oct. 1, 1984; Feb. 12, 1984, P.L.53, No.12, eff.

imd.; Apr. 3, 1984, P.L.181, No.33, eff. 60 days; June 30, 1984,

P.L.473, No.99, eff. imd.; July 10, 1984, P.L.679, No.146, eff.

60 days; June 19, 1985, P.L.49, No.20, eff. 60 days; July 11,

1985, P.L.204, No.52, eff. 60 days; July 11, 1985, P.L.220,

No.56, eff. 60 days; July 8, 1986, P.L.432, No.90, eff. 60 days;

Nov. 23, 1987, P.L.399, No.82, eff. imd.; Feb. 2, 1990, P.L.2,

No.2, eff. 60 days; Mar. 13, 1990, P.L.69, No.14, eff. imd.;

May 30, 1990, P.L.173, No.42; June 29, 1990, P.L.259, No.60,

eff. imd.; Aug. 5, 1991, P.L.238, No.26, eff. imd.; Apr. 16,

1992, P.L.169, No.31, eff. 60 days; Dec. 14, 1992, P.L.870,

No.139, eff. 60 days; Dec. 18, 1992, P.L.1411, No.174, eff. 60

days; May 20, 1993, P.L.30, No.10; June 28, 1993, P.L.137,

No.33, eff. July 1, 1993; July 2, 1993, P.L.408, No.58, eff.

imd.; Feb. 10, 1994, P.L.10, No.2, eff. imd.; Dec. 7, 1994,

P.L.820, No.115, eff. 60 days; Dec. 28, 1994, P.L.1450, No.172,

eff. 60 days; June 13, 1995, P.L.57, No.9, eff. 30 days; July

6, 1995, P.L.246, No.30, eff. 60 days; Dec. 15, 1995, P.L.655,

No.72, eff. 60 days; Dec. 20, 1995, P.L.669, No.75, eff. 120

days; July 11, 1996, P.L.660, No.115, eff. 60 days; Dec. 21,

1998, P.L.1126, No.151, eff. imd.; June 22, 2001, P.L.411,

No.33, eff. 60 days; June 25, 2001, P.L.701, No.68, eff. 60

days; June 26, 2001, P.L.734, No.75, eff. 60 days; July 4, 2002,

P.L.692, No.105, eff. 60 days; Oct. 4, 2002, P.L.845, No.123,

eff. 60 days; Dec. 9, 2002, P.L.1278, No.152; Dec. 23, 2002,

P.L.1982, No.229; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days;

Nov. 30, 2004, P.L.1667, No.211, eff. 60 days; Dec. 1, 2004,

P.L.1767, No.228, eff. Jan. 1, 2007; July 5, 2005, P.L.100,

No.37; July 14, 2005, P.L.285, No.50, eff. 60 days; Dec. 18,

2007, P.L.436, No.67, eff. 60 days; Nov. 26, 2008, P.L.1658,

No.133, eff. 60 days; Aug. 18, 2009, P.L.308, No.37, eff. imd.;

Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Nov. 9, 2011,

P.L.406, No.98, eff. 120 days; Dec. 22, 2011, P.L.596, No.129,

eff. 60 days; Jan. 27, 2012, P.L.1, No.1, eff. 60 days; June

22, 2012, P.L.642, No.67, eff. 60 days; Oct. 24, 2012, P.L.1407,

No.174, eff. 60 days; Apr. 18, 2014, P.L.430, No.36, eff. 60

days; June 30, 2014, P.L.814, No.85, eff. 60 days; Oct. 14,

2014, P.L.2491, No.140, eff. imd.; Oct. 22, 2014, P.L.2543,

No.154; Oct. 22, 2014, P.L.2635, No.170, eff. 60 days; Nov. 4,

2015, P.L.227, No.61, eff. 60 days; May 25, 2016, P.L.236,

No.33, eff. 15 months; May 25, 2016, P.L.248, No.34, eff. 60

days; July 8, 2016, P.L.477, No.75, eff. 60 days; Nov. 4, 2016,

P.L.1222, No.164, eff. imd.; Nov. 4, 2016, P.L.1277, No.165,

eff. imd.; July 20, 2017, P.L.342, No.31, eff. 60 days; Nov.

29, 2017, P.L.1184, No.57, eff. 60 days; Oct. 19, 2018, P.L.547,

No.83, eff. 60 days; Oct. 19, 2018, P.L.563, No.86, eff. imd.;

Oct. 24, 2018, P.L.729, No.117, eff. 180 days; Oct. 24, 2018,

P.L.881, No.138, eff. 180 days; Oct. 29, 2020, P.L.1052, No.103,

eff. 60 days; Nov. 1, 2020, P.L.1064, No.106, eff. 90 days;

Nov. 25, 2020, P.L.1246, No.131, eff. 10 months; Nov. 3, 2022,

P.L.1783, No.120, eff. 14 mos.; Nov. 3, 2022, P.L.1946, No.130,

eff. 240 days; June 5, 2024, P.L.366, No.18, eff. 12 mos.)

2024 Amendment. Act 18 amended the def. of "interactive

wireless communications device." The preamble of Act 18 provided

that Act 18 may be referred to as Paul Miller's Law.

2022 Amendments. Act 120 added the def. of "driver

improvement school" and Act 130 added the defs. of "automated

driving system" or "ADS," "bodily injury," "certificate holder,"

"highly automated vehicle" or "HAV," "highly automated vehicle

driver" and "SAE J3016" and deleted the defs. of "highly

automated work zone vehicle" and "platoon."

2020 Amendments. Act 103 amended the def. of "multipurpose

agricultural vehicle," Act 106 amended the def. of "pedestrian"

and added the def. of "personal delivery device" or "PDD" and

Act 131 added the defs. of "certified driver rehabilitation

specialist," "certified driving instructor" and "low-vision

rehabilitation specialist."

2018 Amendments. Act 83 amended the defs. of "emergency

service responder" and "emergency vehicle" and added the def.

of "solid waste collection vehicle," Act 86 added the defs. of

"automated speed enforcement system" and "automated speed

enforcement work area," Act 117 added the defs. of "highly

automated work zone vehicle" and "platoon" and Act 138 amended

the def. of "recreational trailer" and added the def. of

"recreational cargo trailer."

2017 Amendments. Act 31 amended the def. of

"stinger-steered automobile" or "boat transporter" and Act 57

added the def. of "golf cart."

2016 Amendments. Act 33 added the def. of "ignition

interlock limited license," Act 34 amended the def. of

"motorcycle" and added the def. of "autocycle," Act 75 amended

the def. of "emergency vehicle," Act 164 amended the def. of

"bus" and Act 165 added par. (1)(v) in the def. of "abandoned

vehicle."

2015 Amendment. Act 61 amended the def. of "emergency

vehicle" and added par. (14) in the def. of "emergency service

responder."

2014 Amendments. Act 36 added the def. of "manufactured

home," Act 85 added the def. of "manufactured home," Act 140

amended the defs. of "emergency vehicle" and "fire department

vehicle," Act 154 amended the def. of "pedalcycle" and added

the defs. of "neighborhood electric vehicle" and "pedalcycle

with electric assist," effective May 1, 2015, as to

"neighborhood electric vehicle," and 60 days as to the remainder

of the section and Act 170 added the defs. of "air-mile,"

"covered farm vehicle" and "for-hire motor carrier operations."

The amendments by Acts 36 and 85 adding the def. of

"manufactured home" are substantially the same and have both

been given effect in setting forth the text of "manufactured

home."

2012 Amendments. Act 67 amended the def. of "emergency

vehicle" and added the def. of "emergency canteen support

service organization vehicle" and Act 174 amended the defs. of

"commercial implement of husbandry" and "multipurpose

agricultural vehicle."

2011 Amendments. Act 98 added the def. of "interactive

wireless communications device" and Act 129 amended the def.

of "motorcycle."

2010 Amendment. Act 81 added the defs. of "emergency service

responder" and "serious bodily injury." The preamble of Act 81

provided that Act 81 may be referred to as the Sgt. Michael C.

Weigand Law.

2008 Amendment. Act 133 amended the def. of "motor vehicle."

2007 Amendment. Act 67 amended the defs. of "automated red

light enforcement system" and "recorded images."

2005 Amendment. Act 37 added the def. of "commercial

driver." Section 10(2) of Act 37 provided that Act 37 shall

take effect 90 days after publication of a notice in the

Pennsylvania Bulletin. The notice was published July 16, 2005,

at 35 Pa.B. 4029.

2004 Amendments. Act 207 amended the def. of "issuing

authority," added the def. of "magisterial district judge" and

deleted the def. of "district justice," Act 211 amended the

defs. of "multipurpose agricultural vehicle" and "special mobile

equipment" and Act 228 amended the def. of "collectible motor

vehicle." See section 28 of Act 207 in the appendix to this

title for special provisions relating to applicability.

2002 Amendments. Act 105 amended the def. of "motor vehicle"

and added the def. of "electric personal assistive mobility

device" or "EPAMD," Act 123 added the defs. of "automated red

light enforcement system," "house coach" and "recorded images,"

Act 152 amended the defs. of "abandoned vehicle," "collectible

motor vehicle," "essential parts," "reconstructed vehicle,"

"recovered theft vehicle" and "vehicle identification number"

or "VIN," added the defs. of "agent service," "major component

parts," "mileage," "modified vehicle," "nonrepairable vehicle,"

"salvage vehicle," "status" and "theft vehicle" and deleted the

def. of "valueless except for salvage," effective immediately

as to "nonrepairable vehicle," six months as to "agent service"

and 60 days as to the remainder of the section, and Act 229

amended the def. of "motor carrier vehicle" and added the defs.

of "active work zone" and "work zone," effective immediately

as to "active work zone" and "work zone" and six months as to

"motor carrier vehicle."

2001 Amendments. Act 33 amended the defs. of "commercial

implement of husbandry," "farm equipment" and "implement of

husbandry," Act 68 added the defs. of "transfer," "transferee"

and "transferor" and Act 75 amended the def. of "emergency

vehicle" and added the defs. of "ambulance," "blood delivery

vehicle," "fire department vehicle," "hazardous material

response vehicle" and "human organ delivery vehicle."

1998 Amendment. Act 151 amended the defs. of "maxi-cube

vehicle," "modular housing unit," "motorized pedalcycle,"

"passenger car," "registered gross weight," "salvor," "special

mobile equipment," "truck" and "vehicle" and added the defs.

of "cancel," "manufactured construction unit" and "numbered

traffic route."

1996 Amendment. Act 115 added the def. of "utility trailer."

1995 Amendments. Act 9 added the def. of "interstate

highway," Act 30 added the def. of "second-stage manufacturer,"

Act 72 amended the def. of "pedalcycle" and Act 75 amended the

defs. of "classic motor vehicle" and "emergency vehicle" and

added the def. of "collectible motor vehicle."

1994 Amendments. Act 2 amended the def. of "terminal" and

added the defs. of "maxi-cube vehicle," "saddle-mount operation"

and "stinger-steered automobile" or "boat transporter," Act 115

added the def. of "secure power of attorney" and deleted the

def. of "farm truck" and Act 172 added the def. of

"containerized cargo."

1993 Amendments. Act 10 amended the defs. of "recovered

theft vehicle" and "school bus," effective immediately, and

amended the defs. of "commercial implement of husbandry" and

"implement of husbandry" and added the def. of "farm vehicle,"

all effective in 60 days, Act 33 amended the def. of "court"

and Act 58 amended the defs. of "passenger car" and "school

bus."

1992 Amendments. Act 31 amended the defs. of "emergency

vehicle" and "valueless except for junk" and added the def. of

"recovered theft vehicle" and Act 139 added the defs. of

"electric vehicle," "hybrid electric vehicle" and "zero-emission

vehicle."

1990 Amendments. Act 2 added the def. of "salvage motor

vehicle auction or pool operator" and Act 42 amended the defs.

of "bus," "passenger car" and "school bus," added the defs. of

"limousine," "occupational limited license" and "school

vehicle," all effective November 1, 1990, and amended the def.

of "classic motor vehicle," effective in 60 days, and Act 60

amended the def. of "street rod."

1987 Amendment. Act 82 added the def. of "safety seat belt

system."

1986 Amendment. Act 90 amended the def. of "gross weight."

1984 Amendments. Act 11 deleted the def. of "proof of

insurance," Act 12 amended the def. of "local authorities," Act

99 added the def. of "hazardous material" and Act 146 amended

the defs. of "bus" and "motor-driven cycle."

1983 Amendments. Act 19 amended the def. of "registered

gross weight" and added the defs. of "converter gear,"

"terminal" and "tow dolly" and Act 32 amended the def. of

"resident." See section 7 of Act 19 in the appendix to this

title for special provisions relating to expiration of

amendments authorizing two trailers and long combinations.

1982 Amendments. Act 49 amended the def. of "mobile home"

and added the defs. of "modular housing undercarriage" and

"modular housing unit" and Act 289 added the def. of "chemical

test or testing."

1980 Amendments. Act 67 added the def. of "mass transit

vehicle" and Act 147 added the defs. of "construction truck"

and "tandem axle."

1979 Amendment. Act 12 added the def. of "articulated bus."

1978 Amendment. Act 53 amended the def. of "issuing

authority" and added the defs. of "court," "district justice"

and "general rule."

Cross References. Section 102 is referred to in sections

1920.2, 2105, 3742.1, 7304.1, 7310, 8509, 8522 of this title;

section 6102 of Title 7 (Banks and Banking); section 6202 of

Title 12 (Commerce and Trade); section 5704 of Title 18 (Crimes

and Offenses); section 6202 of Title 27 (Environmental

Resources); section 901 of Title 30 (Fish); section 901 of Title

34 (Game); section 3571 of Title 42 (Judiciary and Judicial

Procedure); section 3732 of Title 62 (Procurement); section

8102 of Title 74 (Transportation).

§ 103. Uniformity of interpretation.

This title shall be so interpreted and construed as to

effectuate its general purpose to make uniform the law

throughout this Commonwealth and all political subdivisions.

§ 104. Continuation of existing law (Repealed).

1978 Repeal. Section 104 was repealed April 28, 1978,

P.L.202, No.53, effective in 60 days.

PART II

TITLE, REGISTRATION AND LICENSING

Chapter

11. Certificate of Title and Security Interests

13. Registration of Vehicles

15. Licensing of Drivers

16. Commercial Drivers

17. Financial Responsibility

18. Motor Vehicle Insurance Fraud

19. Fees

20. Motor Vehicle Insurance Rate Review Procedures

21. Motor Carriers Road Tax Identification Markers

23. Motor Vehicle Transaction Recovery Fund

Enactment. Part II was added June 17, 1976, P.L.162, No.81,

effective July 1, 1977, unless otherwise noted.

CHAPTER 11

CERTIFICATE OF TITLE AND SECURITY INTERESTS

Subchapter

A. Certificate of Title

B. Security Interests

C. Electronic Titling Program

D. Salvage Vehicles, Theft Vehicles, Reconstructed Vehicles

and Flood Vehicles

Enactment. Chapter 11 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977.

Cross References. Chapter 11 is referred to in sections

1301, 1373 of this title.

SUBCHAPTER A

CERTIFICATE OF TITLE

Sec.

1101. Certificate of title required.

1102. Vehicles not requiring certificate of title.

1103. Application for certificate of title (Repealed).

1103.1. Application for certificate of title.

1104. Examination of records upon receipt of application.

1105. Issuance of certificate of title.

1106. Content and effect of certificate of title.

1107. Delivery of certificate of title.

1108. Registration without certificate of title.

1109. Refusing issuance of certificate.

1110. Duplicate certificate of title to replace original.

1111. Transfer of ownership of vehicle.

1111.1. Transfer of ownership of vehicles used for human

habitation.

1112. Disclosure of odometer reading and tampering with

odometer (Repealed).

1113. Transfer to or from manufacturer or dealer.

1114. Transfer of vehicle by operation of law.

1115. Correction of certificate of title.

1116. Issuance of new certificate following transfer.

1117. Vehicle destroyed, dismantled, salvaged or recycled

(Repealed).

1118. Suspension and cancellation of certificate of title.

1119. Application for certificate of title by agent.

§ 1101. Certificate of title required.

(a) General rule.--Except as provided in section 1102

(relating to vehicles not requiring certificate of title), every

owner of a vehicle which is in this Commonwealth and for which

no certificate of title has been issued by the department shall

make application to the department for a certificate of title

of the vehicle.

(b) Registration without certificate prohibited.--The

department shall not register or renew the registration of a

vehicle unless a certificate of title has been issued by the

department to the owner or an application for a certificate of

title has been delivered by the owner to the department.

required by law is a summary offense.

§ 1102. Vehicles not requiring certificate of title.

No certificate of title is required for:

(1) A vehicle owned by the United States unless it is

registered in this Commonwealth.

(2) A golf cart, motor-driven cycle, go-cart or other

similar vehicle unless it is registered in this Commonwealth.

(3) A new vehicle owned by a manufacturer or registered

dealer before and until sale.

(4) A vehicle owned by a nonresident of this

Commonwealth and not required by law to be registered in

this Commonwealth.

(5) A vehicle owned by a resident legally required to

be registered in another state, based and used principally

outside of this Commonwealth, and not required by law to be

registered in this Commonwealth.

(6) A vehicle regularly engaged in the interstate

transportation of persons or property for which a currently

effective certificate of title has been issued in another

state.

(7) A vehicle moved solely by human or animal power.

(8) An implement of husbandry unless required to be

registered.

(9) Special mobile equipment unless required to be

registered.

(10) A multipurpose agricultural vehicle.

(11) A tow dolly.

(12) An electric personal assistive mobility device.

(Mar. 7, 1982, P.L.152, No.49, eff. imd.; July 11, 1985,

P.L.220, No.56, eff. 60 days; Aug. 5, 1991, P.L.238, No.26,

eff. imd.; July 4, 2002, P.L.692, No.105, eff. 60 days)

2002 Amendment. Act 105 added par. (12).

1991 Amendment. Act 26 added par. (11).

1985 Amendment. Act 56 added par. (10).

1982 Amendment. Act 49 amended the intro. par. and deleted

par. (10).

Cross References. Section 1102 is referred to in section

1101 of this title.

§ 1103. Application for certificate of title (Repealed).

1990 Repeal. Section 1103 was repealed June 30, 1990,

P.L.266, No.63, effective immediately, and July 10, 1990,

P.L.356, No.83, effective immediately.

§ 1103.1. Application for certificate of title.

(a) Contents of application.--Application for a certificate

of title shall be made upon a form prescribed and furnished by

the department and shall contain a full description of the

vehicle, the vehicle identification number, odometer reading,

date of purchase, the actual or bona fide name and address of

the owner, a statement of the title of applicant, together with

any other information or documents the department requires to

identify the vehicle and to enable the department to determine

whether the owner is entitled to a certificate of title, and

the description of any security interests in the vehicle.

Program participants in the Address Confidentiality Program

under 23 Pa.C.S. Ch. 67 (relating to domestic and sexual

violence victim address confidentiality) may use a substitute

address designated by the Office of Victim Advocate as their

address.

(b) Signing and filing of application.--Application for a

certificate of title shall be made within 20 days of the sale

or transfer of a vehicle or its entry into this Commonwealth

from another jurisdiction, whichever is later. The application

shall be accompanied by the fee prescribed in this title and

any tax payable by the applicant under the laws of this

Commonwealth in connection with the acquisition or use of a

vehicle or evidence to show that the tax has been collected.

The application shall be signed and verified by oath or

affirmation by the applicant if a natural person; in the case

of an association or partnership, by a member or a partner; and

in the case of a corporation, by an executive officer or some

person specifically authorized by the corporation to sign the

application.

the application refers to a new vehicle, it shall be accompanied

by the Manufacturer's Statement of Origin for the vehicle.

(d) Vehicles purchased from dealers.--If the application

refers to a vehicle purchased from a dealer, the dealer shall

mail or deliver the application to the department within 20

days of the date of purchase. The application shall contain the

names and addresses of any lienholders in order of priority and

the amounts and the dates of the security agreements and be

assigned by the dealer to the owner and signed by the owner.

Any dealer violating this subsection is guilty of a summary

offense and shall, upon conviction, be sentenced to pay a fine

of $50 for each violation. The requirement that the dealer mail

or deliver the application to the department does not apply to

vehicles purchased by fleet owners or governmental or

quasi-governmental agencies.

(d.1) Presumption of receipt and grace period prior to

prosecution.--Within one business day of receiving an

application referring to a vehicle purchased from a dealer, the

department shall stamp the application with a work

identification number, which shall include the year and day

that the application was received at the department. In

determining whether a dealer has submitted an application in

accordance with subsection (d), an additional ten-day period

shall be calculated and allotted to the dealer to account for

any possible delay of the mail or by the department in timely

stamping an application as to the year and day received. No

issuing authority or court shall extend this period. An

application, or copy thereof certified by the department, which

displays the stamped work identification document number shall

be accepted by any issuing authority or court in any proceeding

as prima facie evidence of the date that the application was

received by the department. If the displayed stamp is not

legible, a certification by the department of the date that the

application was received shall be accepted by the issuing

authority or court as prima facie evidence of that date.

(e) Out-of-State vehicles.--If the application refers to a

vehicle last previously titled or registered in another state

or country, the following information shall be contained in or

accompany the application or be forwarded in support of the

application as required by the department:

(1) Any certificate of title issued by the other state

or country.

(2) A tracing of the vehicle identification number taken

from the official number plate or, where it is impossible

to secure a legible tracing, verification that the vehicle

identification number of the vehicle has been inspected and

found to conform to the description given in the application.

The department shall provide by regulation the persons who

are authorized to verify vehicle identification numbers under

this paragraph.

(3) Any other information and documents the department

reasonably requires to establish the ownership of the vehicle

and the existence or nonexistence of security interests in

the vehicle.

(f) Foreign vehicles owned by military personnel.--If the

application refers to a vehicle last previously registered in

another country by a person on active duty in the armed forces

of the United States, the department may accept a complete form

issued by the United States Department of Defense as evidence

of ownership.

(g) Specially constructed, reconstructed or modified

vehicles.--If the vehicle to be titled is a specially

constructed, reconstructed or modified vehicle, that fact shall

be stated in the application. The department may promulgate

rules and regulations pertaining to the titling of specially

constructed, reconstructed or modified vehicles.

(g.1) Verification.--In lieu of notarization of any document

required to be submitted with the application for certificate

of title, the department shall accept the verification of a

person's signature by a wholesale vehicle auction licensed by

the State Board of Vehicle Manufacturers, Dealers and

Salespersons or its employee, or an issuing agent who is

licensed as a vehicle dealer by the State Board of Vehicle

Manufacturers, Dealers and Salespersons, or its employee. The

name and identification number and the signature of the issuing

agent or wholesale vehicle auction or respective employee shall

be written in the space reserved for a notarization or

verification. If an issuing agent or wholesale vehicle auction

or respective employee falsely verifies a person's signature,

the department shall suspend the issuing agent's or wholesale

vehicle auction's authority to issue temporary registration

plates and cards for not less than 30 days. When verification

is used in lieu of notarization, the issuing agent or its

employee shall verify a person's identity by using at least one

form of government-issued photo identification. A copy of the

form of identification used shall be maintained by the issuing

agent for a period of three years from the date of the

verification.

(h) Penalties.--Any person who falsely verifies a signature

under subsection (g.1) or a vehicle identification number under

subsection (e)(2) or who verifies a vehicle identification

number without being authorized as provided in subsection (e)(2)

commits a summary offense punishable by a fine of $300.

(June 30, 1990, P.L.266, No.63, eff. imd.; July 10, 1990,

P.L.356, No.83, eff. imd.; Dec. 7, 1994, P.L.820, No.115, eff.

60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Dec.

9, 2002, P.L.1278, No.152, eff. 60 days; Nov. 30, 2004,

P.L.1474, No.188, eff. 180 days; July 14, 2005, P.L.285, No.50,

eff. 60 days)

2005 Amendment. Act 50 amended subsec. (g.1).

2004 Amendment. Act 188 amended subsec. (a).

2002 Amendment. Act 152 amended subsecs. (g) and (g.1).

1998 Amendment. Act 151 amended subsec. (h) and added

subsec. (g.1).

1994 Amendment. Act 115 added subsec. (d.1).

1990 Amendments. Acts 63 and 83 added section 1103.1. The

amendments by Acts 63 and 83 are identical except for a

reference by Act 83 in subsecs. (b) and (d) to "20 days" which

has been given effect in setting forth the text of section

1103.1.

Cross References. Section 1103.1 is referred to in sections

1111, 6308 of this title.

§ 1104. Examination of records upon receipt of application.

The department, upon receiving an application for a

certificate of title, shall check the vehicle identification

number shown in the application against the records of vehicles

required to be maintained under section 1105 (relating to

issuance of certificate of title) and against the record of

stolen vehicles required to be maintained under section 7114

(relating to records of stolen vehicles). If the record

indicates that the vehicle is stolen, the application and

accompanying documents may be retained by the department pending

investigation.

§ 1105. Issuance of certificate of title.

(a) General rule.--The department shall file each

application received and, when satisfied as to the genuineness

and regularity of the application and that the applicant is

entitled to the issuance of a certificate of title, shall issue

a certificate of title for the vehicle. The department shall

use reasonable diligence in ascertaining whether or not the

facts stated in the application are true.

(b) Maintenance of records.--The department shall maintain

a record of all certificates of title issued by the department

as follows:

(1) Under a distinctive title number assigned to the

vehicle.

(2) Under the vehicle identification number.

(3) Alphabetically, under the name of the owner.

(4) In the discretion of the department, by any other

method determined by the department.

compare the odometer reading of the vehicle each time a

certificate of title is transferred and ascertain the reported

mileage against the most recent previously reported mileage for

the vehicle.

(June 14, 1983, P.L.16, No.8, eff. 60 days)

1983 Amendment. Act 8 added subsec. (c).

Cross References. Section 1105 is referred to in section

1104 of this title.

§ 1106. Content and effect of certificate of title.

(a) Vehicle identification and encumbrances.--A certificate

of title shall contain such description and other evidence of

identification of the vehicle for which it is issued as the

department may deem necessary and the odometer reading, together

with a statement of any liens or encumbrances, including the

names of the holder or holders of the liens or encumbrances and

any indication of special use or condition set forth under

subsection (b).

(b) Indication of special use or condition.--No person shall

assign a certificate of title to any vehicle unless the

certificate clearly contains notice of the use or condition if

the vehicle is or has been:

(1) used as a police car;

(2) used as a taxicab for the transport of passengers,

for hire, having a seating capacity of nine or fewer

passengers;

(3) an abandoned vehicle;

(4) a flood vehicle;

(5) a modified vehicle;

(6) a reconstructed vehicle;

(7) a specially constructed vehicle;

(8) a recovered theft vehicle or a theft vehicle if

required to be retitled under section 1164 (relating to theft

vehicles);

(9) a vehicle originally manufactured for intended

distribution outside the United States;

(10) bearing a VIN plate differing from its original;

(11) a motor vehicle returned to a vehicle dealer or

manufacturer pursuant to the act of March 28, 1984 (P.L.150,

No.28), known as the Automobile Lemon Law; or

(12) a highly automated vehicle.

Indication of the use or condition shall be deemed part of the

description of the vehicle. Any person violating this subsection

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $200.

Indication of the use or condition shall be deemed part of the

description of the vehicle. Any person violating this subsection

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $200.

title issued by the department is prima facie evidence of the

facts appearing on the certificate. The certificate shall be

adequate notice to the Commonwealth, creditors, subsequent

lienholders and purchasers that a lien against the vehicle

exists. The printed name of the secretary shall constitute a

signature on the certificate.

(June 14, 1983, P.L.16, No.8, eff. 60 days; Dec. 18, 1992,

P.L.1411, No.174, eff. 60 days; Dec. 9, 2002, P.L.1278, No.152,

eff. 60 days; June 28, 2018, P.L.498, No.74, eff. 180 days;

Nov. 3, 2022, P.L.1946, No.130, eff. one year)

2022 Amendment. Act 130 amended subsec. (b)(10) and (11)

and added subsec. (b)(12).

2018 Amendment. Act 74 amended subsec. (b).

2002 Amendment. Act 152 amended subsecs. (a) and (b).

1992 Amendment. Act 174 amended subsec. (c).

Cross References. Section 1106 is referred to in section

8508 of this title.

§ 1107. Delivery of certificate of title.

The certificate of title shall be mailed to the first

lienholder or encumbrancer named in the certificate or, if there

is no lienholder or encumbrancer, the title shall be mailed or

delivered to the owner in accordance with the department

regulations.

§ 1108. Registration without certificate of title.

If the department is not satisfied as to the ownership of

the vehicle or that there are no undisclosed security interests

in the vehicle, the department may register the vehicle but

shall withhold issuance of a certificate of title until the

applicant presents documents reasonably sufficient to satisfy

the department as to the ownership by the applicant of the

vehicle and that there are no undisclosed security interests

in the vehicle.

§ 1109. Refusing issuance of certificate.

The department may refuse issuance of a certificate of title

or certificate of salvage when it has reasonable grounds to

believe:

(1) That any required fee has not been paid.

(2) That any taxes payable under the laws of this

Commonwealth on or in connection with, or resulting from,

the acquisition or use of the vehicle have not been paid.

(3) That the applicant is not the owner of the vehicle.

(4) That the application contains a false or fraudulent

statement.

(5) That the applicant has failed to furnish required

information or documents or any additional information the

department reasonably requires.

(6) That the vehicle is a nonrepairable vehicle.

(Dec. 9, 2002, P.L.1278, No.152)

2002 Amendment. Act 152 amended the entire section,

effective immediately as to par. (6) and 60 days as to the

remainder of the section.

§ 1110. Duplicate certificate of title to replace original.

(a) Application for duplicate.--In the event of a lost,

destroyed, defaced, stolen or illegible certificate of title,

application for a duplicate may be made by furnishing

information satisfactory to the department upon a form

prescribed and furnished by the department. The form shall be

signed by the first lienholder or, if none, the owner or legal

representative of the owner, verified by oath or affirmation

of the applicant, accompanied by the fee provided in this title.

(b) Status of original and duplicate.--If the original

certificate of title is found after the duplicate is issued,

the original title shall be returned to the department with an

explanation. Only the duplicate title is valid once issued.

Subsequent transfer of ownership can be made only on the

duplicate.

§ 1111. Transfer of ownership of vehicle.

(a) Duty of transferor.--In the event of the sale or

transfer of the ownership of a vehicle within this Commonwealth,

the owner shall execute an assignment and warranty of title to

the transferee in the space provided on the certificate or as

the department prescribes, sworn to before a notary public or

other officer empowered to administer oaths or verified by a

wholesale vehicle auction licensed by the State Board of Vehicle

Manufacturers, Dealers and Salespersons, or its employee, or

an issuing agent who is licensed as a vehicle dealer by the

State Board of Vehicle Manufacturers, Dealers and Salespersons,

or its employee, and deliver the certificate to the transferee

at the time of the delivery of the vehicle.

(a.1) Exception for dealers.--When a certificate of title

for a vehicle acquired by a licensed dealer for the purpose of

resale is encumbered by a lien or when there is a manufacturer's

statement of origin for a new vehicle, delivery of the

certificate of title or manufacturer's statement of origin by

the dealer as a transferor at the time of delivery of the

vehicle upon resale shall not be required if, prior to delivery

of the vehicle, the dealer obtains the applicable powers of

attorney to properly execute transfer of the title or

manufacturer's statement of origin and the dealer requests and

receives the departmental verification of any lienholders,

ownership, odometer information and title brands, on titled

vehicles, and any other information that the department deems

necessary to be verified. Upon payment of the established fee,

the department shall provide the dealer or authorized messenger

service with verification of the required information. The

department may supply the verified information by either written

or electronic means. The application and a properly assigned

certificate of title or manufacturer's statement of origin shall

be delivered to the department within the time period prescribed

by section 1103.1 (relating to application for certificate of

title). If a dealer sells a vehicle after verification of the

required information for a certificate of title encumbered by

a lien, but fails to satisfy the lien or deliver an assignment

and warranty of title to the dealer's transferee within 90 days

of the date of purchase, and this failure is the result of an

act or omission by the dealer, the dealer shall accept return

of the vehicle from the transferee and shall refund the purchase

price less actual depreciation of the vehicle while it was

within the possession of the transferee. In refunding the

purchase price, the price shall include the listed dollar value

of any trade-in vehicle as stated in the sales transaction

document in lieu of returning the transferee's trade-in vehicle.

(a.2) Exception for sales at licensed wholesale

auctions.--In the event of the offering for sale or transfer

of a vehicle between automobile dealers licensed by this

Commonwealth or another state at a wholesale vehicle auction

which is licensed by the State Board of Vehicle Manufacturers,

Dealers and Salespersons as a wholesale vehicle auction, the

licensed dealer need not execute an assignment and warranty of

title to the transferee at the time of the offering of the

vehicle for sale if, prior to the offering of the sale of the

vehicle, it is noted that the title is not present. The

transferor shall deliver a properly assigned and warranted title

to that transferee within ten days of the date that the vehicle

was offered for sale, and the sale shall not be consummated

until the transferor has delivered the title to the transferee.

(b) Duty of transferee.--Except as otherwise provided in

section 1113 (relating to transfer to or from manufacturer or

dealer), the transferee shall, within 20 days of the assignment

or reassignment of the certificate of title, apply for a new

title by presenting to the department the properly completed

certificate of title, sworn to before a notary public or other

officer empowered to administer oaths or verified before an

issuing agent, who is licensed as a vehicle dealer by the State

Board of Vehicle Manufacturers, Dealers and Salespersons, or

its employee, and accompanied by such forms as the department

may require.

(b.1) Transfers relating to the RESET program.--A motor

vehicle transferred to the Commonwealth or a political

subdivision for use in the RESET program administered under

section 405.1 of the act of June 13, 1967 (P.L.31, No.21), known

as the Public Welfare Code, shall not be subject to sales or

use tax under Article II of the act of March 4, 1971 (P.L.6,

No.2), known as the Tax Reform Code of 1971, upon the removal

of the vehicle from inventory by any:

(1) motor vehicle dealer, importer or wholesaler; or

(2) "broker," "dealer" or "distributor," as defined in

section 2 of the act of December 22, 1983 (P.L.306, No.84),

known as the Board of Vehicles Act.

guilty of a summary offense and shall, upon conviction, be

sentenced:

(1) For a first offense, to pay a fine of $100.

(2) For a subsequent offense, to pay a fine of not less

than $300 nor more than $1,000.

(July 10, 1984, P.L.679, No.146, eff. 60 days; Dec. 20, 1995,

P.L.666, No.74; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days;

July 14, 2005, P.L.285, No.50, eff. 60 days; Oct. 24, 2012,

P.L.1431, No.178, eff. 60 days)

2012 Amendment . Act 178 amended subsecs. (a.1) and (b).

2005 Amendment. Act 50 amended subsec. (a).

References in Text. The short title of the act of June 13,

1967, P.L.31, No.21, known as the Public Welfare Code, referred

to in subsection (b.1), was amended by the act of December 28,

2015, P.L.500, No.92. The amended short title is now the Human

Services Code.

Cross References. Section 1111 is referred to in sections

1113, 1161, 6308 of this title.

§ 1111.1. Transfer of ownership of vehicles used for human

habitation.

(a) Tax status certification.--If a mobile home or

manufactured home that has been anchored to the ground to

facilitate connections with electricity, water and sewerage,

and previously titled in this Commonwealth to a person using

the mobile home or manufactured home as a residence in this

Commonwealth immediately preceding its sale or transfer, is

offered for sale or transfer, the transferor shall obtain a tax

status certification from the tax claim bureau of the county

in which the mobile home or manufactured home is situated

showing the county, municipal and school district real estate

taxes due on the mobile home or manufactured home, as shown by

the bureau's records as of the date of the certification,

including any delinquent taxes turned over to a third party for

collection. The tax status certification shall be provided to

the transferee and the department in conjunction with the

transfer of the mobile home or manufactured home and shall

include the following:

(1) The parcel number assigned to the vehicle.

(2) The amount of current or delinquent taxes owed from

the parcel number.

(3) The date upon which a tax for the parcel number

will accrue and the taxing period that the tax will cover.

(4) The addresses and telephone numbers of the tax

collection authority and tax claim bureau or equivalent

office.

(b) Certification obtained by third party.--The transferor

may request a notary public or other officer empowered to

administer oaths or a vehicle dealer or its employee licensed

by the State Board of Vehicle Manufacturers, Dealers and

Salespersons and authorized by the department to complete

certificate of title transfer paperwork to obtain the tax status

certification on his behalf. The person or entity obtaining the

tax status certification on behalf of the transferor may recoup

the fee paid for each certification from the transferor and is

not liable to the transferor, transferee or the tax claim bureau

or equivalent office of the county in which a mobile home or

manufactured home is situated for an error or omission on the

tax status certification or for payment of a tax due.

home or manufactured home, the transferor shall pay the

delinquent real estate taxes in full or cause the taxes to be

paid in full and an updated tax status certification must be

obtained and provided to the transferee and the department

before the transfer is completed. Payment of delinquent real

estate taxes shall be made in accordance with section 204 of

the act of July 7, 1947 (P.L.1368, No.542), known as the Real

Estate Tax Sale Law.

(d) Tax liability.--If any tax status certification

incorrectly indicates that a tax has been paid or that less

than the true and correct amount is owed and a transferor,

transferee or third party securing the certification acts in

reliance upon such representations, the transferor, transferee

or third party shall not be liable for the amount of the error.

If a tax certification is requested in connection with a

particular transfer or sale of a mobile home or manufactured

home, the parties to the transaction shall be presumed to have

acted in reliance upon the representations in the certification.

(e) Issuance of certification.--Notwithstanding any other

provision of law and regardless of the timing of a tax due to

accrue to the mobile home or manufactured home, the tax claim

bureau or an equivalent office shall issue a tax status

certification as provided in this section upon request by the

transferor or transferor's agent.

(Apr. 18, 2014, P.L.430, No.36, eff. 60 days; June 30, 2014,

P.L.814, No.85, eff. 60 days; Oct. 19, 2018, P.L.544, No.81,

eff. 60 days)

2018 Amendment. Act 81 amended subsec. (a).

2014 Amendments. Act 36 added section 1111.1 and Act 85

amended subsec. (a).

§ 1112. Disclosure of odometer reading and tampering with

odometer (Repealed).

1983 Repeal. Section 1112 was repealed June 14, 1983,

P.L.16, No.8, effective in 60 days. The subject matter is now

contained in Subchapter D of Chapter 71 of this title.

§ 1113. Transfer to or from manufacturer or dealer.

(a) Transfer to manufacturer or dealer.--When the purchaser

or transferee of a vehicle is a manufacturer or registered

dealer who holds the vehicle for resale, a certificate of title

need not be applied for as provided for in section 1111

(relating to transfer of ownership of vehicle), but the

transferee shall, within seven days from the date of assignment

of the certificate of title to the manufacturer or dealer,

forward to the department, upon a form prescribed and furnished

by the department, notification of the acquisition of the

vehicle. Notification in lieu of applying for a certificate of

title as authorized in this section may not be used in excess

of three consecutive transactions after which time an

application shall be made for a certificate of title.

Notwithstanding the foregoing, a transferee of a motor vehicle

shall apply for a certificate of title no later than six months

from the date of the assignment.

(b) Execution and display of notice of transfer.--The

manufacturer or dealer making notification as to any vehicle

acquired pursuant to subsection (a) shall execute at least two

copies, the original of which shall be forwarded to the

department, and one copy shall be retained by the manufacturer

or dealer for at least one year after a subsequent transfer,

to be exhibited, with a copy of the assigned certificate of

title, upon request of any police officer or authorized

department employee.

otherwise provided in this section when the transferee is

another manufacturer or dealer:

(1) The manufacturer or dealer, upon transferring their

interest in the vehicle, shall execute an assignment and

warranty of title to the transferee in the space provided

on the certificate or as the department prescribes.

(2) The transferee shall complete the application for

certificate of title in the name of the transferee.

(3) The manufacturer or dealer shall forward the

certificate of title and any other required forms to the

department within 20 days of the transfer.

(d) Exception for repossessed vehicles.--This section does

not apply to a vehicle repossessed upon default of performance

of a lease, contract of conditional sale or similar agreement.

(e) Penalty.--Any manufacturer or dealer violating any of

the provisions of this section is guilty of a summary offense

and shall, upon conviction, be sentenced to pay a fine of $50

for each violation.

(July 10, 1984, P.L.679, No.146, eff. 60 days; July 10, 1990,

P.L.356, No.83, eff. 30 days; Aug. 5, 1991, P.L.238, No.26,

eff. imd.; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 amended subsecs. (a), (b) and (c).

Cross References. Section 1113 is referred to in sections

1111, 1952, 6308, 7134 of this title.

§ 1114. Transfer of vehicle by operation of law.

(a) General rule.--If the interest of an owner in a vehicle

passes to another other than by voluntary transfer, the

transferee shall, except as otherwise provided, promptly mail

or deliver to the department the last certificate of title, if

available, and shall apply for a new certificate of title on a

form prescribed and furnished by the department. The application

shall be accompanied by such instruments or documents of

authority, or certified copies thereof, as may be sufficient

or required by law to evidence or effect a transfer of title

or interest in or to chattels in such case.

(b) Transfer to surviving spouse.--Transfer of a certificate

of title to a surviving spouse, or any person designated by the

spouse, may be made without the necessity of filing for letters

of administration notwithstanding the fact that there are minor

children surviving the decedent provided the surviving spouse

files an affidavit that all the debts of the decedent have been

paid.

certificate of title whose interest in a vehicle has been

extinguished or transferred other than by voluntary transfer

shall immediately surrender the certificate of title to the

person to whom the right to possession of the vehicle has

passed. Upon request of the department, such person shall mail

or deliver the certificate to the department. Delivery of the

certificate pursuant to the request of the department does not

affect the rights of the person surrendering the certificate.

Saved from Suspension. Pennsylvania Rule of Civil Procedure

for District Justices No. 482(10), as amended April 25, 1979,

provided that section 1114 shall not be deemed suspended or

affected. Rules 401 through 482 relate to execution of judgments

for the payment of money rendered by district justices. Act 207

of 2004 changed justices of the peace to magisterial district

judges. Rule 482 can now be found in Rules of Conduct, Office

Standards and Civil Procedure for Magisterial District Judges.

Pennsylvania Rule of Civil Procedure No. 3159(b)(11), adopted

April 20, 1998, provided that section 1114 shall not be deemed

suspended or affected by Rules 3101 through 3149 relating to

enforcement of money judgments for the payment of money.

References in Text. Section 28 of Act 207 of 2004 provided

that any and all references in any other law to a "district

justice" or "justice of the peace" shall be deemed to be

references to a magisterial district judge.

Cross References. Section 1114 is referred to in sections

1902, 6308 of this title; section 367 of Title 15 (Corporations

and Unincorporated Associations).

§ 1115. Correction of certificate of title.

(a) General rule.--When any certificate of title has been

issued in error to a person not entitled to the certificate or

contains incorrect information or information has been omitted

from the certificate, the department shall notify in writing

the person to whom the certificate has been issued or delivered

that the certificate has been recalled. Unless a departmental

hearing is requested pursuant to subsection (a.1), such person

shall immediately return the certificate of title within ten

days, together with any other information necessary for the

adjustment of departmental records, and, upon receipt of the

certificate, the department shall cancel the certificate and

issue a corrected certificate of title.

(a.1) Opportunity for hearing and appeal.--The department's

notice of recall shall advise the person to whom the certificate

has been issued that said person may request an informal

departmental hearing within ten days of the date of said notice

if said person wishes to contest the recall. If an informal

departmental hearing is requested within ten days, said hearing

shall be held within 15 days of said request. If, as a result

of the hearing, the department determines that the recall was

proper, the person to whom the certificate of title was issued

or delivered shall return the certificate of title within ten

days of the determination. Such person may appeal the informal

departmental determination by requesting, within ten days of

the date of the determination, a formal hearing as prescribed

by departmental regulations (pertaining to administrative

practice and procedure).

(b) Change in material information on certificate.--If any

material information on the certificate of title is changed or

different from the information originally set forth, the owner

shall immediately inform the department and apply for a

corrected certificate of title. For the purposes of this

subsection, a change of address shall not be deemed material.

(b.1) Change in name on certificate.--Whenever there is a

change of name because of marriage or divorce, the owner shall

not be required to apply for a corrected certificate of title

but shall, in such manner as the department shall prescribe,

inform the department of the new name and of the title number

of every vehicle titled in the owner's former name. Upon receipt

of such information, the department shall correct the vehicle

record of the owner to indicate the name change. The department

shall not be required to produce a new certificate of title for

a name change because of marriage or divorce, unless the owner

submits an application for a new certificate of title. In the

event that the owner submits an application for a new

certificate of title, such owner shall be required to remit the

fee set forth in section 1952 (relating to certificate of title)

for the issuance of a certificate of title by the department.

amendment).

(d) Issuance of corrected certificate after seizure or

cancellation.--Upon failure of a person to return a certificate

of title as required by the provisions of this section, the

department may delegate authority to any department employee

or police officer to seize the certificate of title. Upon

failure of the department to receive, as required by this

section, the certificate of title to which a person is not

entitled or which contains incorrect or omitted information,

the department may proceed to cancel the certificate of title

issued in error and, upon receipt of sufficient evidence that

the vehicle is within the possession of the proper owner or

lienholder, may issue to the proper owner or lienholder a

correct certificate of title.

(e) Penalty.--Any person violating this section shall be

guilty of a summary offense and shall, upon conviction, be

sentenced to pay a fine of not less than $100 nor more than

$300.

(July 2, 1993, P.L.408, No.58, eff. imd.; Feb. 10, 1994, P.L.10,

No.2, eff. imd.; Dec. 20, 1995, P.L.669, No.75, eff. 120 days)

1995 Amendment. Act 75 added subsec. (b.1).

1994 Amendment. Act 2 amended subsec. (a).

§ 1116. Issuance of new certificate following transfer.

(a) Voluntary transfer.--The department, upon receipt of a

properly assigned certificate of title with an application for

a new certificate of title, the required fee and any other

required documents and articles, shall issue a new certificate

of title in the name of the transferee as owner and mail it to

the first lienholder named in the certificate or, if none, to

the owner.

(b) Involuntary transfer.--The department, upon receipt of

an application for a new certificate of title by a transferee

other than by voluntary transfer, on a form prescribed and

furnished by the department together with proper proof

satisfactory to the department of the transfer, the required

fee and any other required documents and articles, shall issue

a new certificate of title in the name of the transferee as

owner.

department shall file and retain for five years every

surrendered certificate of title, or a copy, in such a manner

as to permit the tracing of title of the vehicle.

Saved from Suspension. Pennsylvania Rule of Civil Procedure

for District Justices No. 482(10), as amended April 25, 1979,

provided that section 1116(b) shall not be deemed suspended or

affected. Rules 401 through 482 relate to execution of judgments

for the payment of money rendered by district justices. Act 207

of 2004 changed justices of the peace to magisterial district

judges. Rule 482 can now be found in the Rules of Conduct,

Office Standards and Civil Procedure for Magisterial District

Judges.

Pennsylvania Rule of Civil Procedure No. 3159(b)(11), adopted

April 20, 1998, provided that section 1116 shall not be deemed

suspended or affected by Rules 3101 through 3149 relating to

enforcement of money judgments for the payment of money.

References in Text. Section 28 of Act 207 of 2004 provided

that any and all references in any other law to a "district

justice" or "justice of the peace" shall be deemed to be

references to a magisterial district judge.

Cross References. Section 1116 is referred to in section

367 of Title 15 (Corporations and Unincorporated Associations).

§ 1117. Vehicle destroyed, dismantled, salvaged or recycled

(Repealed).

2002 Repeal. Section 1117 was repealed December 9, 2002,

P.L.1278, No.152, effective in 60 days.

§ 1118. Suspension and cancellation of certificate of title.

(a) Return of new vehicle.--The department may cancel the

certificate of title issued for a new vehicle when it is shown

by satisfactory evidence that the vehicle has been returned

within the time specified in the department regulations to the

manufacturer or dealer from whom obtained.

(b) Vehicles sold to nonresidents or abandoned,

nonrepairable or salvage.--The department may cancel

certificates of title for vehicles sold to residents of other

states or foreign countries when the vehicle is to be registered

in the other jurisdiction or for an abandoned vehicle processed

under this title or a nonrepairable or salvage vehicle.

jurisdiction.--The department, upon receipt of notification

from another state or foreign country that a certificate of

title issued by the department has been surrendered by the owner

in conformity with the laws of the other state or foreign

country, may cancel the certificate of title.

(d) Surrender of foreign certificate to department.--When

an owner surrenders a certificate of title from another state

or foreign country to the department, the department may notify

the state or foreign country in order that the certificate of

title may be cancelled or otherwise disposed of in accordance

with the law of the other jurisdiction.

(e) Conviction for misstatement of facts.--The department,

upon receipt of certification from the clerk of any court

showing conviction for a misstatement of facts on any

application for an original or duplicate certificate of title

or any transfer of a certificate of title, shall suspend the

certificate of title and require that the certificate be

returned immediately to the department, whereupon the department

may cancel the certificate.

(f) Nonpayment of fee.--The department may suspend a

certificate of title when a check received in payment of the

fee is not paid on demand or when the fee for the certificate

is unpaid and owing.

(g) Security interest unaffected by suspension or cancel-

lation.--Suspension or cancellation of a certificate of title

does not, in itself, affect the validity of a security interest

noted on the certificate.

(h) Surrender of certificate.--The department may request

the return of certificates of title which have been suspended

or cancelled. The owner or person in possession of the

certification of title shall immediately mail or deliver the

certificate to the department.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

2002 Amendment. Act 152 amended subsec. (b).

§ 1119. Application for certificate of title by agent.

(a) Authorization to make application.--

(1) Except as provided in paragraph (2), no person shall

make application for a certificate of title when acting for

another person unless authorization to make the application

is in effect and is verified by oath or affirmation of the

other person, made not more than 90 days before the

application is received by the department.

(2) The 90-day provision contained in paragraph (1)

shall not apply to:

(i) Fleet owners who are lessees of vehicles.

(ii) A wholesale vehicle auction licensed pursuant

to the act of December 22, 1983 (P.L.306, No.84), known

as the Board of Vehicles Act.

(iii) Blanket powers of attorney issued for general

purposes not limited to the sale, purchase or transfer

of vehicles.

(iv) If the 90th day occurs during a declaration

by the Governor of disaster emergency under 35 Pa.C.S.

§ 7301(c) (relating to general authority of Governor),

a limited power of attorney may be used for the sale,

purchase or transfer of manufactured homes during the

period of the disaster emergency and for 10 days

following the expiration of the disaster emergency.

(b) Certificate not to be assigned in blank.--No person

shall make application for, or assign or physically possess, a

certificate of title, or direct or allow another person in his

employ or control to make application for, or assign or

physically possess, a certificate of title, unless the name of

the transferee is placed on the assignment of certificate of

title simultaneously with the name of the transferor and duly

notarized. Wholesale vehicle auctions and vehicle dealers

licensed pursuant to the Board of Vehicles Act are exempt from

the limitations of this subsection with respect to certificates

of title for vehicles that are entrusted to the licensed

wholesale vehicle auction for sale or transfer.

(1) No person shall receive, obtain or hold a

certificate of title recorded in the name of another person

for the other person who is not in the regular employ of,

or not a member of the family of, the other person.

(2) The following persons are exempt from the

limitations of paragraph (1):

(i) A lienholder who has a valid undischarged lien

recorded in the department against the vehicle

represented by the certificate of title.

(ii) A vehicle auction, licensed pursuant to the

act of December 22, 1983 (P.L.306, No.84), known as the

Board of Vehicles Act, when offering vehicles for sale.

(iii) A vehicle dealer, licensed pursuant to the

Board of Vehicles Act, offering a vehicle for sale

pursuant to a written consignment agreement with the

transferor.

(d) Penalty.--Any person violating any of the provisions

of this section is guilty of a summary offense and shall, upon

conviction, be sentenced to pay a fine of $100.

(May 21, 1992, P.L.244, No.37, eff. 60 days; July 11, 1996,

P.L.660, No.115, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151,

eff. imd.; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; July

14, 2005, P.L.285, No.50, eff. 60 days; July 23, 2020, P.L.644,

No.64, eff. imd.)

2020 Amendment. Act 64 added subsec. (a)(2)(iv).

2005 Amendment. Act 50 amended subsecs. (a) and (b).

1998 Amendment. Act 151 amended subsec. (c)(2)(ii) and

(iii).

1996 Amendment. Act 115 amended subsec. (c).

Cross References. Section 1119 is referred to in section

6308 of this title; section 5601 of Title 20 (Decedents, Estates

and Fiduciaries).

SUBCHAPTER B

SECURITY INTERESTS

Sec.

1131. Applicability of subchapter.

1132. Perfection of security interest (Deleted by amendment).

1132.1. Perfection of a security interest in a vehicle.

1133. Creation of security interest for titled vehicle (Deleted

by amendment).

1134. Assignment by lienholder of security interest.

1135. Satisfaction of security interest.

1136. Duty of lienholder to disclose pertinent information.

1137. Subchapter exclusive for perfecting security interest.

1138. Duration of perfection.

1139. Terminal rental adjustment clauses.

1140. Cancellation of certificate of title or ownership for

mobile home.

§ 1131. Applicability of subchapter.

This subchapter does not apply to or affect:

(1) A lien given by statute or rule of law to a supplier

of services or materials for the vehicle.

(2) A lien given by statute to the United States, the

Commonwealth or any political subdivision.

(3) A security interest in a vehicle which is inventory

held for sale or lease by a person or leased by that person

as lessor and that person is in the business of selling goods

of that kind.

(4) Any vehicle for which a certificate of title is not

required under this chapter.

(June 8, 2001, P.L.123, No.18, eff. July 1, 2001)

2001 Amendment. Act 18 amended par. (3).

§ 1132. Perfection of security interest (Deleted by amendment).

2001 Amendment. Section 1132 was deleted by amendment June

8, 2001, P.L.123, No.18, effective July 1, 2001.

§ 1132.1. Perfection of a security interest in a vehicle.

(a) Perfection.--A security interest in a vehicle titled

in this Commonwealth is perfected at the time the department

receives all of the following:

(1) A completed application specifying the lienholder's

name and address. Program participants in the Address

Confidentiality Program under 23 Pa.C.S. Ch. 67 (relating

to domestic and sexual violence victim address

confidentiality) may use a substitute address designated by

the Office of Victim Advocate as their address.

(2) An amount equal to or greater than the fee required

by section 1953 (relating to security interest).

(3) The manufacturer's statement of origin or the

existing certificate of title for the vehicle.

(b) Duty of a lienholder.--If an additional security

interest in a vehicle titled in this Commonwealth is being

created by the owner of the vehicle and the certificate of title

is in the possession of a lienholder, the lienholder shall, at

the request of the owner, deliver the certificate of title to

the person perfecting the security interest in the vehicle.

Upon receipt of the certificate of title, the person perfecting

the security interest in the vehicle shall deliver the

certificate of title to the department in accordance with

subsection (a).

required in subsection (a), the department shall assign or place

a work identification number on each of the items. The first

two numbers in the work identification number shall indicate

the year in which the items were received. The next three

numbers in the work identification number shall indicate the

day of the year the items were received. The date indicated in

the work identification number shall constitute conclusive

evidence of the date of receipt and the date of perfection.

(d) Delivery of certificate of title.--Upon perfection of

a security interest in a vehicle, the department shall issue a

certificate of title with the names of the first two lienholders

and indicate the number of additional lienholders existing at

that time. The department shall mail the certificate of title

to the first lienholder named in the certificate of title.

(June 8, 2001, P.L.123, No.18, eff. July 1, 2001; Nov. 30, 2004,

P.L.1474, No.188, eff. 180 days)

2004 Amendment. Act 188 amended subsec. (a).

2001 Amendment. Act 18 added section 1132.1.

§ 1133. Creation of security interest for titled vehicle

(Deleted by amendment).

2001 Amendment. Section 1133 was deleted by amendment June

8, 2001, P.L.123, No.18, effective July 1, 2001.

§ 1134. Assignment by lienholder of security interest.

(a) General rule.--A lienholder may assign, absolutely or

otherwise, his security interest in the vehicle to a person

other than the owner without affecting the interest of the owner

or the validity or perfection of the security interest but any

person without notice of the assignment is protected in dealing

with the lienholder as the holder of the security interest and

the lienholder remains liable for any obligations as lienholder

under this chapter until the assignee is named as lienholder

on the certificate of title.

(b) Duty of assignee.--The assignee shall deliver to the

department the certificate of title and an assignment by the

lienholder named in the certificate of title on a form

prescribed and furnished by the department and accompanied by

the required fee. Failure of the assignee to make the delivery

shall not affect the validity or perfection of the security

interest.

subject to 13 Pa.C.S. § 9308(e) (relating to when security

interest or agricultural lien is perfected; continuity of

perfection).

(June 8, 2001, P.L.123, No.18, eff. July 1, 2001)

§ 1135. Satisfaction of security interest.

(a) Absence of subsequent liens.--Where there are no

subsequent liens upon a vehicle, the following rules apply upon

the satisfaction of a security interest in the vehicle:

(1) The outstanding certificate of title shall be mailed

or delivered immediately to the owner of the vehicle with

proper evidence of satisfaction and release or the lienholder

may apply for corrected title to be issued in the name of

the owner.

(2) The owner may mail or deliver the certificate of

title with proper evidence of satisfaction of the security

interest to the department which shall issue a corrected

certificate of title without a statement of liens or

encumbrances. The corrected certificate of title may also

be issued when the outstanding certificate of title cannot

be returned and proper evidence is produced that all recorded

security interests have been satisfied.

(b) Prior or subsequent liens.--Where there are subsequent

liens upon a vehicle or the lien to be released is not a first

lien, the following rules apply upon the satisfaction of a

security interest in the vehicle:

(1) If the lienholder whose security interest is

satisfied has possession of the certificate of title, the

lienholder shall mail or deliver the certificate of title,

immediately upon satisfaction, to the department with proper

evidence of satisfaction and release of the security

interest. A corrected certificate of title, containing a

statement of the remaining security interests on record,

shall be mailed by the department to the person holding the

next lien upon the vehicle.

(2) Upon the satisfaction of a security interest in a

vehicle for which the certificate of title is in the

possession of a prior lienholder, the lienholder whose

security interest is satisfied shall, immediately upon

satisfaction, mail or deliver to the owner proper evidence

of the satisfaction and release of the security interest.

Upon request of the owner and receipt of the release, the

lienholder in possession of the certificate of title shall

mail or deliver the certificate of title together with the

release to the department. The department shall issue a

corrected certificate of title which shall be mailed to the

first lienholder.

(1) Any person failing to deliver upon demand a

satisfied certificate of title as required by subsection

(a)(1) is guilty of a summary offense and shall, upon

conviction, for a first offense be sentenced to pay a fine

of $50 and for a subsequent offense be sentenced to pay a

fine of $100.

(2) Any person failing to return to the department a

certificate of title where there are other liens, for

correction and delivery, as required by subsection (b) is

guilty of a summary offense and shall, upon conviction, be

sentenced to pay a fine of $100.

(3) No person shall be deemed guilty of a violation of

this section if the person delivers the certificate of title

to the department within five days of the satisfaction of

the lien.

(June 8, 2001, P.L.123, No.18, eff. July 1, 2001)

2001 Amendment. Act 18 amended subsec. (a)(2).

Cross References. Section 1135 is referred to in section

7508 of this title.

§ 1136. Duty of lienholder to disclose pertinent information.

A lienholder named in a certificate of title shall, upon

written request of the owner or of another lienholder named on

the certificate, disclose any pertinent information as to the

security agreement and the indebtedness secured by the

agreement.

§ 1137. Subchapter exclusive for perfecting security interest.

The method provided in this subchapter for perfecting and

giving notice of security interests is exclusive, except as

otherwise provided in 13 Pa.C.S. §§ 9315 (relating to secured

party's rights on disposition of collateral and in proceeds)

and 9316(d) and (e) (relating to effect of change in governing

law).

(June 8, 2001, P.L.123, No.18, eff. July 1, 2001; June 27, 2013,

P.L.154, No.30, eff. July 1, 2013)

§ 1138. Duration of perfection.

(a) General rule.--Perfection of a security interest is

effective for a period of 30 years in the case of a mobile home

or emergency vehicle, 20 years for a motor home or recreational

trailer, eight years in the case of a truck tractor or trailer

weighing in excess of 10,000 pounds and six years in all other

cases, in each case dating from the time of perfection as

provided for in this subchapter and subject to renewal as

provided in subsection (b).

(b) Renewal.--The effectiveness of perfection lapses on the

expiration of the periods specified in subsection (a) unless a

renewal form is filed within the six months immediately

preceding expiration. Upon the timely filing of a renewal form,

the effectiveness of perfection continues for a period of three

years, commencing on the date on which perfection would have

lapsed in the absence of the filing. Perfection may be renewed

for as many three-year periods as may be necessary by the holder

of the security interest upon a form furnished by the

department, signed by the secured party and accompanied by the

fee provided in this title.

corrected certificate of title without a statement of liens or

encumbrances shall be issued by the department, upon the request

of the owner, when perfection of the security interests recorded

on the certificate of title have expired.

(July 10, 1984, P.L.679, No.146, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; June 8, 2001, P.L.123, No.18,

eff. July 1, 2001; June 22, 2001, P.L.411, No.33, eff. 120 days;

Dec. 20, 2015, P.L.489, No.86, eff. 180 days)

2015 Amendment. Act 86 amended subsec. (a).

2001 Amendments. Act 18 amended the entire section and Act

33 amended subsec. (a). Act 33 overlooked the amendment by Act

18, but the amendments do not conflict in substance and have

both been given effect in setting forth the text of subsec.

(a).

§ 1139. Terminal rental adjustment clauses.

Notwithstanding any other provision of law, a lease agreement

which pertains to the commercial use of a motor vehicle or

trailer and which includes a terminal rental adjustment clause

does not create a sale or security interest merely because the

terminal rental adjustment clause provides that the rental price

is permitted or required to be adjusted under the agreement

either upward or downward by reference to the actual value of

the motor vehicle or trailer upon lease termination or sale or

other disposition of the motor vehicle or trailer. Actual value

shall be determined as agreed upon by the parties. This section

is not applicable to a consumer lease agreement pertaining to

a motor vehicle or trailer leased or used primarily for

personal, family or household purposes.

(July 6, 1995, P.L.315, No.48, eff. 60 days)

1995 Amendment. Act 48 added section 1139.

§ 1140. Cancellation of certificate of title or ownership for

mobile home.

(a) General rule.--The department may cancel a certificate

of title for a mobile home affixed to real property. The person

requesting the cancellation shall submit to the department an

application for cancellation and the certificate of title. The

application must be on a form prescribed by the department.

Upon cancellation, the ownership interest in the mobile home,

together with all liens and encumbrances thereon, shall be

transferred to and shall encumber the real property to which

the mobile home has become affixed.

(b) New certificate of title after cancellation.--If the

department has previously canceled a certificate of title to a

mobile home under subsection (a), the owner of the mobile home

shall submit to the department all of the following:

(1) An application for a certificate of title on the

forms prescribed by the department.

(2) A certificate from an attorney or title company

that there are no mortgages, judgments or other liens of

record against the mobile home or, if there is a lien, a

certified copy of a release of lien executed by the

lienholder and issued by the recorder of deeds or

prothonotary, as appropriate.

(3) Such other information as the department shall

require.

(June 8, 2001, P.L.123, No.18, eff. July 1, 2001)

2001 Amendment. Act 18 added section 1140.

SUBCHAPTER C

ELECTRONIC TITLING PROGRAM

Sec.

1151. Electronic media system for vehicle titles (Expired).

1151.1. Program.

1152. Development of pilot program (Expired).

1153. Administration of system.

1154. Expansion of pilot program (Expired).

1155. Certification.

Enactment. Subchapter C was added December 20, 1995,

P.L.666, No.74, effective immediately.

Subchapter Heading. The heading of Subchapter C was amended

December 21, 1998, P.L.1126, No.151, effective in 60 days.

§ 1151. Electronic media system for vehicle titles (Expired).

2007 Expiration. Section 1151 expired January 1, 2007. See

Act 113 of 2006.

§ 1151.1. Program.

(a) General rule.--The department shall administer an

electronic titling program that permits the recording of vehicle

title information for new, transferred and corrected

certificates of title through electronic media in a

cost-effective manner in lieu of the submission and maintenance

of paper documents otherwise required by this chapter.

(b) Description.--The electronic titling program shall

include, but not be limited to, methods by which vehicle title

information, including the perfection, release and assignment

of vehicle security interests, may be submitted through

electronic media.

lienholders who are not normally engaged in the business or

practice of financing vehicles, lienholders shall participate

in the electronic titling program.

(July 10, 2006, P.L.1086, No.113)

2006 Amendment. Act 113 added section 1151.1, effective in

two years as to subsec. (c) and 60 days as to the remainder of

the section.

§ 1152. Development of pilot program (Expired).

2007 Expiration. Section 1152 expired January 1, 2007. See

Act 113 of 2006.

§ 1153. Administration of system.

To carry out its responsibilities under this subchapter, the

department is authorized to contract with private industries

for the purpose of administrating a system which will permit

the electronic communication of title information and security

interest notification. A third party operating a secured host

computer system interfacing with the department's computer

system and the computer system of a lending institution or other

sales finance company shall be bonded in the amount specified

by the department and shall maintain audit trails for a period

of time specified by the department. The department is

authorized to pay a reasonable fee to a third party to

administer the system. Information received under this section

by a third party shall remain confidential as specified by the

department.

§ 1154. Expansion of pilot program (Expired).

2007 Expiration. Section 1154 expired January 1, 2007. See

Act 113 of 2006.

§ 1155. Certification.

Notwithstanding any other provision of law, a written or

printed report of an electronic transaction or recording

permitted under this subchapter, if certified as true and

correct by the department, shall serve as evidence of any

signature, acknowledgment or information which was provided to

or by the department through electronic means, and the

certification shall be admissible in any legal proceeding as

evidence of the facts stated therein.

SUBCHAPTER D

SALVAGE VEHICLES, THEFT VEHICLES, RECONSTRUCTED

VEHICLES AND FLOOD VEHICLES

Sec.

1161. Certificate of salvage required.

1162. Transfer to vehicle salvage dealer.

1163. Transfer to scrap metal processor.

1164. Theft vehicles.

1165. Reconstructed vehicles.

1165.1. Inspection of reconstructed, modified and specially

constructed vehicles.

1165.2. Specialized Vehicle Compliance Inspection Advisory Panel

(Expired).

1166. Flood vehicles.

1167. Penalty.

Enactment. Subchapter D was added December 9, 2002,

P.L.1278, No.152, effective in 60 days.

Cross References. Subchapter D is referred to in sections

4729, 7309 of this title.

§ 1161. Certificate of salvage required.

(a) General rule.--Except as provided in sections 1162

(relating to transfer to vehicle salvage dealer) and 1163

(relating to transfer to scrap metal processor), a person,

including an insurer or self-insurer as defined in section 1702

(relating to definitions), who owns, possesses or transfers a

vehicle located or registered in this Commonwealth which

qualifies as a salvage vehicle shall make application to the

department for a certificate of salvage for that vehicle.

(b) Application for certificate of salvage.--An owner who

transfers a vehicle to be destroyed or dismantled, salvaged or

recycled shall assign the certificate of title to the person

to whom the vehicle is transferred. Except as provided in

section 1163, the transferee shall immediately present the

assigned certificate of title to the department or an authorized

agent of the department with an application for a certificate

of salvage upon a form furnished and prescribed by the

department. An insurer as defined in section 1702 to which title

to a vehicle is assigned upon payment to the insured or claimant

of the replacement value of a vehicle shall be regarded as a

transferee under this subsection, and an assignment of title

to an insurer under this subsection is exempt from the

requirements of notarization and verification in section 1111(a)

(relating to transfer of ownership of vehicle). If an owner

retains possession of a vehicle which is damaged to the extent

that it qualifies for vehicle replacement payment, the owner

shall apply for a certificate of salvage immediately. In this

case, an insurer shall not pay vehicle replacement value until

the owner produces evidence to the insurer that the certificate

of salvage has been issued. A self-insurer as defined in section

1702 shall apply for a certificate of salvage when a vehicle

is damaged to the extent that the cost of repairs would exceed

the replacement value of the vehicle as certified by a licensed

motor vehicle physical damage appraiser.

proper application for a certificate of salvage, the department

or agent of the department shall issue to the transferee a

certificate of salvage which shall authorize the holder to

possess or by endorsement transfer ownership of the salvage

vehicle. A certificate of title or registration shall not again

be issued or renewed for the vehicle except upon application

containing the information the department requires, accompanied

by any necessary documents required under section 1165 (relating

to reconstructed vehicles).

(d) Out-of-State salvage vehicles.--The owner of a salvage

vehicle possessing a valid certificate of title or certificate

of salvage from a state or jurisdiction other than this

Commonwealth does not need to apply for a certificate under

subsection (a). If the owner wishes to transfer the salvage

vehicle, the owner shall make application to the department and

attach the out-of-State certificate of title or certificate of

salvage along with any other information and documents the

department reasonably requires to establish the ownership of

the vehicle and the existence or nonexistence of security

interests in the vehicle. The person identified on the

application must be located or the owner or lienholder must be

domiciled in this Commonwealth to qualify for issuance of a

certificate of salvage by the department.

(e) Certificate not to be assigned in blank.--No person

shall make application for or assign or physically possess a

certificate of salvage or direct or allow another person in his

employ or control to make application for or assign or

physically possess a certificate of salvage unless the name and

address of the transferee is placed on the assignment of the

certificate of salvage simultaneously with the name of the

transferor.

(f) Repairs to personal vehicle.--Nothing herein shall

require a vehicle owner to obtain a certificate of salvage to

repair or replace parts or component parts which malfunction

or wear out as a result of normal use and operation which has

occurred after the vehicle was transferred to the owner.

(Oct. 24, 2012, P.L.1431, No.178, eff. 60 days)

2012 Amendment. Act 178 amended subsec. (b).

Cross References. Section 1161 is referred to in sections

1162, 6308 of this title.

§ 1162. Transfer to vehicle salvage dealer.

(a) General rule.--Any owner who transfers a vehicle or a

salvage vehicle to a vehicle salvage dealer, as defined in

section 1337(c)(2) (relating to use of "Miscellaneous Motor

Vehicle Business" registration plates), shall assign the

certificate of title or salvage certificate to the vehicle

salvage dealer. A certificate of title or salvage certificate

for a vehicle transferred to a vehicle salvage dealer is exempt

from the requirements of notarization and verification by a

corporate officer.

(b) Certificate of title.--Upon transfer of a certificate

of title to a salvage vehicle dealer, the salvage vehicle dealer

shall immediately send to the department or an authorized agent

of the department either of the following:

(1) The assigned certificate of title attached to a

form prescribed by the department indicating that the vehicle

is to be designated as a nonrepairable vehicle. A copy of

the form shall be retained for record in accordance with

section 6308(d) (relating to investigation by police

officers). The vehicle shall not be rebuilt, retitled or

issued a certificate of any kind.

(2) The assigned certificate of title with an

application for a certificate of salvage upon a form

prescribed by the department. The certificate of salvage,

when issued to the vehicle salvage dealer, shall have the

same effect as provided in section 1161(c) (relating to

certificate of salvage required).

whose property is located a vehicle which is a salvage vehicle

and which has a faulty, lost or destroyed title may transfer

the vehicle to a salvor or to a salvage program operated by a

political subdivision for removal to a suitable place of storage

or for scrapping, provided the salvor or salvage program

complies with the requirements of this section, except that the

report to the department that the vehicle is a salvage vehicle

shall be verified by the transferor of the vehicle instead of

the police department.

Cross References. Section 1162 is referred to in sections

1161, 6308 of this title.

§ 1163. Transfer to scrap metal processor.

(a) Flattened vehicles.--When a vehicle has been flattened,

crushed or processed to the extent that it is no longer

identifiable as a vehicle, its certificate of title, certificate

of salvage or nonrepairable certificate shall be attached to a

form prescribed by the department and immediately sent to the

department. The form shall include such information as the

department shall require. A copy of the form shall be retained

for record in accordance with section 6308(d) (relating to

investigation by police officers). The vehicle scrap material

shall no longer be considered a vehicle and shall not be

reconstructed, retitled or issued a certificate of any kind.

(b) Vehicles.--Any owner who transfers a vehicle or a

salvage vehicle to a scrap metal processor shall assign the

certificate of title or certificate of salvage to the scrap

metal processor. Such certificate of title or certificate of

salvage is exempt from the requirements of notarization and

verification by a corporate officer.

of title to a scrap metal processor, the scrap metal processor

shall immediately send to the department or an authorized agent

of the department the assigned certificate of title attached

to a form prescribed by the department indicating that the

vehicle is to be designated as a nonrepairable vehicle. A copy

of the form shall be retained for record in accordance with

section 6308(d). The vehicle shall not be rebuilt, retitled or

issued a certificate of any kind.

(c.1) Title not assigned.--

(1) An insurance company may request the department to

issue a salvage certificate for a vehicle if the insurance

company is unable to obtain the properly endorsed certificate

of title or certificate of salvage within 30 days following

oral, written or electronic acceptance by the vehicle owner

of an offer of an amount in settlement of a total loss:

(i) The request must be made on a form approved by

the department and signed under penalty of perjury,

accompanied by documentation as the department may

require.

(ii) Prior to request for the certificate of salvage

as provided for under this paragraph:

(A) The insurance company must make at least

two written attempts mailed or delivered to obtain

the assigned certificate of title or certificate of

salvage.

(B) The insurance company must mail or deliver

the settlement payment.

(2) The department shall issue a certificate of salvage

for the vehicle upon receipt of the properly executed

application.

(3) This subsection does not apply to a vehicle that

has been driven or taken without the consent of the vehicle

owner.

(4) The provisions of paragraph (1) do not apply to a

vehicle where there was not oral, written or electronic

acceptance by the owner of the total loss settlement.

(d) Vehicles with defective or lost title.--A vehicle owner

may transfer a salvage vehicle with a faulty, lost or destroyed

title located on the vehicle owner's property to a scrap metal

processor for removal to a suitable place of storage or for

scrapping, provided that the scrap metal processor complies

with the requirements of this section. The report to the

department that the vehicle is a salvage vehicle shall be

verified by the transferor of the vehicle.

(July 20, 2016, P.L.820, No.91, eff. 60 days)

Cross References. Section 1163 is referred to in sections

1161, 6308 of this title.

§ 1164. Theft vehicles.

(a) General rule.--Upon payment to the insured of the

replacement value for a theft vehicle, the owner or insurer

shall apply for a certificate of salvage branded as a theft

vehicle.

(b) Assessing damage on recovered theft vehicles.--If a

theft vehicle has been recovered, the vehicle shall be assessed

as to the level of damage at the time of recovery by an insurer

or licensed physical damage appraiser:

(1) If the cost of repairs exceeds the replacement value

of the vehicle, the theft-branded certificate of salvage

shall serve as an ownership document. If the vehicle

thereafter passes the reconstructed salvage vehicle

inspection requirements under section 1165 (relating to

reconstructed vehicles), it shall receive a certificate of

title branded reconstructed and recovered-theft vehicle.

(2) If the cost of repairs is more than 50% of the

replacement value of the vehicle and the owner elects to

retain title to the vehicle, the owner shall apply for a

certificate of title branded recovered-theft vehicle. A

legible copy of the vehicle damage appraisal report completed

by an insurer or licensed physical damage appraiser must

accompany an application under this paragraph. The damage

appraisal report shall include the replacement value of the

vehicle.

(3) If an owner has received a certificate of salvage

branded as a theft vehicle after a payment has been made and

the stolen vehicle is located and thereafter passes an

inspection by a licensed physical damage appraiser in which

the damage does not rise to the level of paragraph (2), the

owner may apply to the department for an unbranded title. A

legible copy of the vehicle damage appraisal report completed

by an insurer or licensed physical damage appraiser must

accompany an application under this paragraph. The damage

appraisal report shall include the replacement value of the

vehicle.

(4) An individual who has not been paid the replacement

value for the vehicle and has not received a certificate of

salvage may use the existing certificate of title without

applying for a new title.

self-insurer, the assessment of damage under this section shall

be completed by a licensed physical damage appraiser who is not

affiliated with or employed by the self-insurer.

(June 28, 2018, P.L.498, No.74, eff. 180 days)

2018 Amendment. Act 74 amended subsec. (b) and added subsec.

(c).

Cross References. Section 1164 is referred to in sections

1106, 6308 of this title.

§ 1165. Reconstructed vehicles.

(a) General rule.--If a vehicle, other than an antique or

classic vehicle, for which a certificate of salvage has been

issued is thereafter restored to operating condition, it shall

be regarded as a reconstructed vehicle.

(b) Application for a reconstructed vehicle certificate of

title.--A reconstructed vehicle title and registration shall

be issued to an applicant if the applicant presents to the

department an application for a certificate of title upon a

form furnished and prescribed by the department and any other

information the department deems appropriate.

Cross References. Section 1165 is referred to in sections

1161, 1164, 1166 of this title.

§ 1165.1. Inspection of reconstructed, modified and specially

constructed vehicles.

(a) Findings of fact.--The General Assembly finds that a

key element for successfully converting a stolen vehicle into

a marketable item is obtaining a title to that vehicle. In a

report to the Congress of the United States, the Motor Vehicle

Titling, Registration and Salvage Advisory Committee made

several recommendations that would assist state motor vehicle

agencies to combat the vehicle theft and title fraud that has

been rising at an alarming rate throughout the nation. In the

committee's report, recommendations were for each state to

establish a two-part inspection procedure. Part one would be

to inspect each vehicle to verify the VIN and replacement parts

(supported by titles, proof of ownership, bills of sale) and

owner affirmation. Part two would be to provide a uniform safety

inspection for rebuilt salvage vehicles.

(b) General rule.--All reconstructed, modified and specially

constructed vehicles shall be required to undergo an enhanced

vehicle safety inspection as specified in departmental

contracts, policy guidelines or regulations as deemed

appropriate by the advisory panel convened under section 1165.2

(relating to Specialized Vehicle Compliance Inspection Advisory

Panel).

(Dec. 1, 2004, P.L.1767, No.228, eff. Jan. 1, 2007)

2004 Amendment. Act 228 added section 1165.1.

References in Text. Section 1165.2, referred to in subsec.

(b), expired.

Cross References. Section 1165.1 is referred to in section

4702.1 of this title.

§ 1165.2. Specialized Vehicle Compliance Inspection Advisory

Panel (Expired).

2007 Expiration. Section 1165.2 expired January 1, 2007.

See Act 228 of 2004.

§ 1166. Flood vehicles.

(a) General rule.--Upon payment to the insured of the

replacement value for a flood vehicle, the owner or insurer

shall apply for a certificate of salvage branded as a flood

vehicle.

(b) Assessing damage of flood vehicles.--A flood vehicle

shall be assessed as to the level of damage by an insurer or

licensed physical damage appraiser:

(1) If the cost of repairs exceeds the replacement value

of the vehicle, the flood-branded certificate of salvage

shall serve as an ownership document. If the vehicle

thereafter passes the reconstructed salvage vehicle

inspection requirements under section 1165 (relating to

reconstructed vehicles), it shall receive a certificate of

title branded reconstructed and flood vehicle.

(2) If the cost of repairs does not exceed the

replacement value of the vehicle, the owner shall apply for

a certificate of title branded flood vehicle. A legible copy

of the vehicle damage appraisal report completed by an

insurer or licensed physical damage appraiser must accompany

an application under this paragraph. The damage appraisal

report shall include the replacement cash value of the

vehicle.

§ 1167. Penalty.

A person who violates the provisions of this subchapter

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $500 for each violation.

CHAPTER 13

REGISTRATION OF VEHICLES

Subchapter

A. General Provisions

B. Registration Plates

C. Violations and Suspensions

Enactment. Chapter 13 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977, unless otherwise noted.

Special Provisions in Appendix. See section 25 of Act 115

of 1996 in the appendix to this title for special provisions

relating to pilot programs for decentralized services for motor

vehicle and driver license transactions.

See section 15 of Act 23 of 1999 in the appendix to this

title for special provisions relating to joint study on

registration validation stickers.

Cross References. Chapter 13 is referred to in sections

1516, 1752, 1798.3, 1911, 3722, 6117, 7702 of this title.

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

1301. Registration and certificate of title required.

1302. Vehicles exempt from registration.

1303. Vehicles of nonresidents exempt from registration.

1304. Registration criteria.

1305. Application for registration.

1306. Grounds for refusing registration.

1307. Period of registration.

1307.1. Permanent fleet registration.

1308. Issuance of registration card.

1309. Renewal of registration.

1309.1. Apportioned registration renewal.

1310. Temporary registration cards.

1310.1. Temporary registration permits.

1311. Registration card to be signed and exhibited on demand.

1312. Notice of change of name or address.

1313. Duplicate registration cards.

1314. Transfer of registration.

1315. Operation of vehicle following death of owner.

1316. Department records.

1317. Acknowledgment of littering provisions.

1318. Duties of agents.

1319. Duties of motor carrier vehicle owners.

1320. Contributions to Veterans' Trust Fund.

1321. Contributions for pediatric cancer research.

1322. Contributions to Keystone Tree Restricted Account.

1323. Contributions for breast cancer research.

1324. Contributions for the prevention of child abuse and

neglect.

§ 1301. Registration and certificate of title required.

(a) Driving unregistered vehicle prohibited.--No person

shall drive or move and no owner or motor carrier shall

knowingly permit to be driven or moved upon any highway any

vehicle which is not registered in this Commonwealth unless the

vehicle is exempt from registration.

(b) Proof of residency.--A person charged under this section

has the burden of proving that he is a nonresident whenever he

asserts a defense based on section 1303 (relating to vehicles

of nonresidents exempt from registration). If he produces at

the office of the issuing authority satisfactory proof that he

is a nonresident and is in compliance with section 1303 within

five days after being charged with a violation of this section,

the issuing authority shall dismiss the charge.

vehicle shall be registered unless a certificate of title has

been applied for or issued if one is required by Chapter 11

(relating to certificate of title and security interests).

(c.1) Reconstructed, recovered theft, flood, modified and

specially constructed vehicles.--Only the department shall issue

a temporary registration plate or card, or permit the transfer

of a registration plate, in conjunction with any application

for reconstructed, recovered theft, flood, modified and

specially constructed vehicles. Proof of financial

responsibility must accompany the application for registration

prior to the issuance of a registration plate.

(c.2) Special inspection prerequisite to operation.--After

the effective date of this section, no reconstructed, modified

or specially constructed vehicle may be operated on the highway

until it has successfully passed an inspection at a

reconstructed vehicle inspection station.

(d) Penalty.--Any person violating the provisions of

subsection (a) is guilty of a summary offense and shall, upon

conviction, be sentenced to pay a fine of $75 or double the

registration fee, whichever is greater, except when the vehicle

was previously registered in this Commonwealth within 60 days

of the commission of the offense whereupon the fine shall be

$25. In the case of a motor carrier vehicle other than a

trailer, the fine shall be $50 if the motor carrier vehicle was

previously registered in this Commonwealth within 60 days of

the commission of the offense or, if the registration occurs

outside the 60-day period, the fine shall be double the

registration fee for the maximum weight at which the vehicle

could have been registered in this Commonwealth.

(July 22, 1983, P.L.122, No.32, eff. imd.; Mar. 29, 1984,

P.L.155, No.30, eff. 60 days; July 10, 1984, P.L.679, No.146,

eff. 60 days; July 8, 1986, P.L.432, No.90, eff. imd.; Dec. 21,

1998, P.L.1126, No.151, eff. 60 days; Dec. 9, 2002, P.L.1278,

No.152, eff. 60 days; Dec. 1, 2004, P.L.1767, No.228, eff. Jan.

1, 2007)

2004 Amendment. Act 228 added subsec. (c.2).

2002 Amendment. Act 152 added subsec. (c.1).

1998 Amendment. Act 151 amended subsecs. (a) and (d).

Cross References. Section 1301 is referred to in sections

1311, 4107, 6309, 6309.1 of this title.

§ 1302. Vehicles exempt from registration.

The following types of vehicles are exempt from registration:

(1) Any vehicle used in conformance with the provisions

of this chapter relating to dealers, persons registered under

any of the miscellaneous motor vehicle business classes or

nonresidents.

(2) (Deleted by amendment).

(2.1) Any implement of husbandry, other than a

commercial implement of husbandry, used exclusively for

agricultural operations. Vehicles are exempt from

registration under this paragraph when operated within 50

miles of the farm or farms owned or operated by the vehicle

owner.

(2.2) Any implement of husbandry, trailer or semitrailer

used exclusively for agricultural operations when being towed

or hauled by an implement of husbandry or farm vehicle within

50 miles of the farm or farms owned or operated by the owner

of the towed or hauled vehicle.

(3) Any self-propelled golf cart used for the

transportation of persons or equipment for sporting,

maintenance or recreational purpose while crossing certain

public highways.

(4) Any vehicle moved by special permit as provided for

in sections 4965 (relating to single permits for multiple

highway crossings), 4966 (relating to permit for movement

of quarry equipment), and 4970(a) (relating to permit for

movement of construction equipment).

(5) Any vehicle registered and displaying plates issued

in a foreign country by the armed forces of the United States

for a period of 45 days from the date of the return of the

owner to the United States.

(6) Any vehicle owned by a resident legally required

to be registered in another state based and used principally

outside of this Commonwealth.

(7) Any vehicle moved solely by human or animal power.

(8) (Deleted by amendment).

(9) Any mobile home or modular housing unit.

(10) Any farm vehicle used exclusively upon a farm or

farms owned or operated by the owner of the vehicle, subject

to the following:

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(i.1) Type A--Such a farm vehicle with a gross

vehicle weight rating not exceeding 10,000 pounds may

be driven upon highways only from sunrise to sunset and

between:

(A) Parts of one such farm.

(B) Such farms located not more than 50 miles

apart.

located within a radius of 50 miles from such farm

or farms for the purpose of buying or selling

agricultural commodities or supplies.

(D) Such farm or farms and a place of business

located within a radius of 50 miles from such farm

or farms for the purpose of repairing or servicing

of the farm vehicle or the trailer or semitrailer

being towed or hauled by the farm vehicle.

(i.2) Type B--Such a farm vehicle with a gross

vehicle weight rating of greater than 10,000 pounds and

not exceeding 17,000 pounds may be driven upon highways

only from sunrise to sunset and between:

(A) Parts of one such farm.

(B) Such farms located not more than 25 miles

apart.

located within a radius of 25 miles from such farm

or farms for the purpose of buying or selling

agricultural commodities or supplies.

(D) Such farm or farms and a place of business

located within a radius of 50 miles from such farm

or farms for the purpose of repairing or servicing

of the farm vehicle or the trailer or semitrailer

being towed or hauled by the farm vehicle.

(i.3) Type C--Such a farm vehicle which does qualify

as a motor carrier vehicle and which does not display a

currently valid certificate of inspection may be driven

upon highways only from sunrise to sunset and between:

(A) Parts of one such farm.

(B) Such farms located not more than ten miles

apart.

located within a radius of ten miles from such farm

or farms for the purpose of buying or selling

agricultural commodities or supplies.

(D) Such farm or farms and a place of business

located within a radius of 25 miles from such farm

or farms for the purpose of repairing or servicing

of the farm vehicle or the trailer or semitrailer

being towed or hauled by the farm vehicle.

(i.4) Type D--Such a farm vehicle which does qualify

as a motor carrier vehicle and displays a currently valid

certificate of inspection may be driven without any

restriction as to time but may only be driven on highways

between:

(A) Parts of one such farm.

(B) Such farms located not more than 50 miles

apart.

located within a radius of 50 miles from such farm

or farms for the purpose of buying or selling

agricultural commodities or supplies or for repairing

or servicing of the farm vehicle or the trailer or

semitrailer being towed or hauled by the farm

vehicle.

(iii) A biennial certificate of exemption shall be

required for a farm vehicle exempt under this paragraph.

(iv) The owner of the farm vehicle shall maintain

such minimum levels of liability insurance coverage on

the vehicle as are required to be maintained under

Chapter 17 (relating to financial responsibility) by

owners of registered motor vehicles. The owner shall

satisfy the requirements of this subparagraph if the

minimum amounts of liability insurance coverage for the

farm vehicle have been provided under farm liability

insurance coverage maintained generally by the owner.

Coverage prescribed in Subchapter B of Chapter 17 shall

not be required to be maintained or provided for the

farm vehicle.

(11) Any trailer or semitrailer, including but not

limited to non-self-propelled special mobile equipment and

amusement rides constructed as an integral part of the

trailer chassis to create a single unit, to be used primarily

for off highway use and only operated incidentally upon the

highway.

(12) Any military vehicle used for training by a

private, nonprofit, tax exempt military educational

institution when such vehicle does not travel on public roads

in excess of one mile and the property on both sides of the

public road is owned by the institution.

(13) Any oversized or overweight vehicle which may be

moved or operated only under a permit and without a load

pursuant to section 4961(a) (relating to authority to issue

permits) and 4962(f) (relating to when loads permitted).

(14) Any vehicle used for golf course maintenance,

resort maintenance or college, university or seminary campus

maintenance when such vehicle does not travel on public roads

in excess of one mile and the property on both sides of the

public road is owned by said golf course, resort or college,

university or seminary.

(15) Any motor vehicle being towed.

(16) Any trailer registered in another state towed by

a motor vehicle registered in this Commonwealth provided:

(i) the owner has as many trailers registered in

this Commonwealth as combinations so registered; or

(ii) the towing vehicle is being operated under a

permanent lease to a person meeting the requirements of

subparagraph (i).

(17) Any multipurpose agricultural vehicle. Vehicles

exempt from registration under this paragraph shall be used

exclusively upon a farm or farms owned or operated by the

owner of the vehicles or upon highways between:

(i) Parts of one such farm.

(ii) Such farms located not more than five miles

apart.

(18) Any farm and garden vehicle under 20 horsepower

driven incidentally upon a highway, as determined by the

department.

(19) A tow dolly.

(20) An electric personal assistive mobility device.

(21) Special mobile equipment engaged in construction

activities within one mile of an active construction site

where the vehicle is being used. Unregistered vehicles used

under this paragraph shall be required to meet lighting and

other requirements of special mobile equipment. This

exemption shall not apply to tracked vehicles.

(22) Any portable traffic control signal or device upon

a trailer not exceeding 3,000 pounds gross vehicle weight.

(23) Any all-terrain vehicle exempt from registration

under Chapter 77 (relating to snowmobiles and all-terrain

vehicles) and operated as an emergency vehicle by a police

or fire department or emergency medical services agency when

the vehicle does not travel on public highways in excess of

two miles and is primarily for off-highway use and only

operated incidentally upon the highway. An all-terrain

vehicle so operated shall comply with section 4571 (visual

and audible signals on emergency vehicles).

(July 20, 1979, P.L.168, No.55, eff. imd.; Feb. 15, 1980,

P.L.12, No.8, eff. imd.; July 11, 1980, P.L.550, No.113, eff.

60 days; Oct. 10, 1980, P.L.791, No.147, eff. imd.; Mar. 7,

1982, P.L.152, No.49, eff. imd.; June 23, 1982, P.L.605, No.171,

eff. imd.; July 10, 1984, P.L.679, No.146, eff. 60 days; July

11, 1985, P.L.204, No.52, eff. 90 days; July 11, 1985, P.L.220,

No.56, eff. 60 days; Dec. 12, 1986, P.L.1562, No.170, eff. 60

days; Aug. 5, 1991, P.L.238, No.26, eff. imd.; Dec. 18, 1992,

P.L.1411, No.174, eff. 60 days; May 20, 1993, P.L.30, No.10,

eff. 60 days; Dec. 7, 1994, P.L.820, No.115, eff. 60 days; July

6, 1995, P.L.246, No.30, eff. imd.; Dec. 21, 1998, P.L.1126,

No.151, eff. 60 days; July 4, 2002, P.L.692, No.105, eff. 60

days; Dec. 1, 2004, P.L.1767, No.228, eff. 60 days; Oct. 19,

2010, P.L.557, No.81, eff. 60 days; Oct. 24, 2012, P.L.1307,

No.163, eff. 60 days; Oct. 24, 2012, P.L.1407, No.174, eff. 120

days; Nov. 29, 2017, P.L.1184, No.57, eff. 60 days)

2017 Amendment. Act 57 amended pars. (3) and (14) and added

par. (23).

2012 Amendments. Act 163 added par. (22) and Act 174 amended

pars. (10) and (17), added pars. (2.1) and (2.2) and deleted

par. (2).

2010 Amendment. Act 81 amended par. (11). The preamble of

Act 81 provided that Act 81 may be referred to as the Sgt.

Michael C. Weigand Law.

2004 Amendment. Act 228 added par. (21).

2002 Amendment. Act 105 added par. (20).

1998 Amendment. Act 151 amended par. (18) and deleted par.

(8).

1995 Amendment. See section 5 of Act 30 in the appendix to

this title for special provisions relating to equipment

standards and inspection criteria.

Cross References. Section 1302 is referred to in sections

2105, 4921, 77A01 of this title.

§ 1303. Vehicles of nonresidents exempt from registration.

(a) General rule.--A nonresident owner of any foreign

vehicle may operate or permit the operation of the vehicle

within this Commonwealth without registering the vehicle in

this Commonwealth or paying any fees to the Commonwealth,

provided the vehicle at all times when operated in this

Commonwealth is duly registered and in full compliance with the

registration requirements of the place of residence of the owner

and further provided the vehicle is not:

(1) used for the transportation of persons for hire,

compensation or profit;

(2) regularly operated in carrying on business within

this Commonwealth;

(3) designed, used or maintained primarily for the

transportation of property for hire, compensation or profit

and not subject to reciprocity under section 6144 (relating

to vehicle registration and licensing) or 6149 (relating to

automatic reciprocity); or

(4) special mobile equipment if not also required to

be and actually registered under the laws of the place of

residence of the owner.

(b) Transportation of persons for hire, compensation or

profit.--Every owner of a foreign vehicle operated within this

Commonwealth for the transportation of persons for hire,

compensation or profit either regularly according to schedule

or for a period exceeding 30 days in the calendar year, unless

exempted from registration under the terms of a reciprocity

agreement shall register the vehicle according to the laws of

this Commonwealth.

nonresident, including any foreign corporation, carrying on

business within this Commonwealth and operating in the business

any vehicle within this Commonwealth, unless exempted from

registration under the terms of a reciprocity agreement, shall

be required to register each such vehicle according to the laws

of this Commonwealth. A foreign corporation having its principal

place of business in this Commonwealth is regarded as a resident

of this Commonwealth for the purposes of this section.

(d) Members of armed forces.--A member of the armed forces

of the United States who is serving on active duty in this

Commonwealth need not register a personal passenger vehicle in

this Commonwealth if the vehicle is registered in the state of

his residence.

(e) Trailer as part of registered combination.--(Deleted

by amendment).

(Mar. 7, 1982, P.L.152, No.49, eff. imd.; July 10, 1984,

P.L.679, No.146, eff. 60 days; Dec. 28, 1994, P.L.1450, No.172,

eff. 60 days)

1994 Amendment. Act 172 amended subsec. (b).

1984 Amendment. Act 146 deleted subsec. (e).

1982 Amendment. Act 49 amended subsec. (c).

Cross References. Section 1303 is referred to in section

1301 of this title.

§ 1304. Registration criteria.

(a) General rule.--Except as otherwise provided in this

section, vehicles shall be registered for a flat fee.

(b) Classification of vehicles.--The department may identify

vehicles by type as to weight, design, loading, use, ownership

or other significant characteristics for purposes of

registration.

shall register trucks, truck tractors and trailers at the gross

weight requested by the applicant, provided that the weight is

not greater than allowed in subsection (d) or less than allowed

in subsection (e).

(d) Maximum registered gross weight.--No truck, truck

tractor or trailer shall be registered at a gross weight in

excess of the lowest of:

(1) the limiting weights established on the basis of

axle load, tire load, horsepower or gross weight by type of

vehicles;

(2) the gross vehicle weight rating assigned by the

manufacturer; or

(3) a combination weight greater than the gross

combination weight rating.

In the case of a vehicle in which no gross vehicle weight rating

or gross combination weight rating is assigned by the

manufacturer or where the vehicle has been altered subsequent

to manufacture to change its weight bearing capacity, an

equivalent rating shall be determined by the department on the

basis of the vehicle's horsepower, braking ability, axle

limitations and such other factors related to safe operation

as may be established by regulations of the department.

(e) Minimum registered gross weight.--No truck, truck

tractor or trailer shall be registered at less than the total

of the weight of the unladen vehicle, the maximum weight of the

proposed load, the equivalent weight of the fuel capacity, 150

pounds times the seating capacity, and the weight of any

permanently or temporarily attached appurtenances.

(f) Registered gross weight of trucks and truck

tractors.--Every truck shall have its own registered gross

weight and may also be registered at a registered gross weight

for a combination. Every truck tractor shall be registered at

a registered gross weight for a combination.

(g) Buses other than school buses.--The department shall

passenger seating capacity.

§ 1305. Application for registration.

(a) General rule.--Application for the registration of a

vehicle shall be made to the department upon the appropriate

form or forms furnished by the department. The application shall

contain the full name and address of the owner or owners; the

make, model, year and vehicle identification number of the

vehicle; and such other information as the department may

require. Program participants in the Address Confidentiality

Program under 23 Pa.C.S. Ch. 67 (relating to domestic and sexual

violence victim address confidentiality) may use a substitute

address designated by the Office of Victim Advocate as their

address. Applicants for registration of a truck, truck tractor,

trailer or bus shall provide the vehicle's Gross Vehicle Weight

Rating (GVWR), or the Gross Combination Weight Rating (GCWR),

as applicable. If the manufacturer's ratings are not available,

the applicant shall provide sufficient information as to the

horsepower, braking capacity and such other data as necessary

for the department to determine an equivalent measure of the

vehicle's hauling and stopping capability. If the applicant

wishes to register a vehicle at a registered gross weight less

than the gross vehicle weight rating, the application shall

include information as to weight, load and any other such

information as the department may require. The application shall

be accompanied by self-certification of financial responsibility

and the applicable fee.

(b) Evidence of P.U.C. approval for buses and taxis.--Before

registering any bus or taxi which is required under the laws

of this Commonwealth to obtain a certificate of public

convenience from the Pennsylvania Public Utility Commission,

the department shall require evidence that the certificate has

been issued and has not been revoked or has not expired.

lessor may designate the lessee as the registrant of the vehicle

and the name and address of the lessee may be substituted on

the registration card for the address of the lessor. However,

even if the lessor does not designate the lessee as the

registrant of the vehicle, the lessor shall still provide the

department with the name and address of the lessee. The

department shall designate the relationship upon the card in a

manner it deems appropriate. This subsection is applicable only

for the period during which the lease remains in effect.

(d) Self-certification of financial responsibility.--In

addition to the other requirements to registration, the

applicant shall file a self-certification of financial

responsibility which shall include:

(1) The complete name, address and telephone number of

the applicant. Program participants in the Address

Confidentiality Program under 23 Pa.C.S. Ch. 67 may use a

substitute address designated by the Office of Victim

Advocate as their address.

(2) The name of the insurance company which is insuring

the subject vehicle.

(3) The policy number, effective date and expiration

date of the policy of insurance insuring the vehicle.

(Feb. 12, 1984, P.L.26, No.11, eff. Oct. 1, 1984; Feb. 7, 1990,

P.L.11, No.6, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151,

eff. 60 days; Nov. 30, 2004, P.L.1474, No.188, eff. 180 days)

2004 Amendment. Act 188 amended subsecs. (a) and (d).

1998 Amendment. Act 151 amended subsec. (c).

Cross References. Section 1305 is referred to in sections

1306, 1331 of this title; section 5712 of Title 53

(Municipalities Generally).

§ 1306. Grounds for refusing registration.

The department shall refuse registration, renewal or transfer

of registration when any of the following circumstances exists:

(1) The applicant is not entitled to registration under

the provisions of this chapter.

(2) The applicant has at registration or titling

neglected or refused to furnish the department with the

information required on the appropriate official form, or

any reasonable additional information required by the

department.

(3) The department has reasonable grounds to believe

that the application contains false or fraudulent

information, or that the vehicle is stolen, which fact the

department shall ascertain by reference to the stolen vehicle

file required to be maintained under section 7114 (relating

to records of stolen vehicles), or that the granting of

registration would constitute a fraud against the rightful

owner or other person having a valid lien upon the vehicle.

(4) The fees required by law have not been paid.

(5) The vehicle is not constructed or equipped as

required by this title.

(6) The registration of the vehicle stands suspended

for any reason as provided for in this title.

(7) Self-certification of financial responsibility, as

required under section 1305(d) (relating to application for

registration), is not filed with the registration

application.

(8) (Repealed).

(9) (Repealed).

(10) An out-of-service order has been issued for the

vehicle, the owner or operator by the department or the

United States Department of Transportation.

(11) Self-certification of current safety inspection

for a motor carrier vehicle, as required by section 1309

(relating to renewal of registration), is not filed with the

application for renewal of registration.

(May 26, 1982, P.L.435, No.129, eff. imd.; Feb. 12, 1984,

P.L.26, No.11, eff. Oct. 1, 1984; Apr. 26, 1989, P.L.13, No.4,

eff. imd.; Feb. 7, 1990, P.L.11, No.6, eff. 60 days; Dec. 16,

1992, P.L.1250, No.166; Dec. 15, 1995, P.L.655, No.72, eff.

imd.; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; June 22,

2001, P.L.559, No.37, eff. 60 days; Dec. 23, 2002, P.L.1982,

No.229, eff. 6 months)

2002 Amendment. Act 229 added par. (11).

2001 Amendment. Act 37 amended the intro. par. and par.

(10).

1995 Repeal. Act 72 repealed pars. (8) and (9).

§ 1307. Period of registration.

(a) Staggered renewal system to be established.--The

department shall establish a system of staggered registration

renewal in a manner that an approximately equal number of

registrations will expire every month throughout the year. In

order to implement and maintain the staggered registration

system, the department may prorate annual registration fees

over registration periods of from 6 to 18 months.

(a.1) Seasonal registration.--Upon application on a form

prescribed by the department, the owner or lessee of a passenger

car, recreational motor vehicle, motorcycle, truck or farm

vehicle which does not have a gross vehicle weight rating of

more than 14,000 pounds may register the vehicle with the

department for a period of successive months of less than one

year. The applicant shall specify the period of months during

which the vehicle shall be registered. Except when the

department initially converts a currently valid annual

registration to a seasonal registration, the annual fee

prescribed for the vehicle by Chapter 19 (relating to fees)

shall be paid in full by the applicant regardless of the number

of months chosen for registration by the applicant. Upon receipt

of the appropriate fee and the properly completed form,

including all information required by this chapter, the

department shall issue a seasonal registration that shall expire

on the last day of the expiration month chosen by the

registrant. No insurer of a vehicle belonging to any owner or

lessee who obtains a seasonal registration and who applies for

or receives a reduced automobile insurance premium on account

thereof shall be required to provide any contractual coverage,

whether in the form of the provision of a defense or the payment

of first-party or third-party benefits or otherwise, to the

owner or lessee in connection with any event occurring during

that part of the year in which the vehicle is not registered;

and such owner or lessee shall be treated for all purposes,

including, without limitation, ascertaining rights to stack

coverages and to uninsured and underinsured motorist coverage,

as a person who does not own that vehicle and has no duty to

carry financial responsibility on it for that part of the year.

(b) New registration.--A new registration is effective on

the date of issuance of a registration card by the department

or the date of issuance of a temporary registration card by an

authorized agent of the department under section 1310 (relating

to temporary registration cards).

be effective on issuance by the department of a renewed

registration card.

(d) Expiration of registration.--A registration shall expire

on the last day of the month designated on the registration

card.

(e) Antique, classic and collectible vehicles.--Antique,

classic and collectible motor vehicle registrations shall expire

upon the salvaging, scrapping or transfer of ownership of the

vehicle, except that if the transfer is between spouses or

between parent and child the registration may be transferred

upon payment of a transfer fee.

(f) Optional permanent trailer registration.--Except as set

forth in section 1920(c) (relating to trailers), the

registration of trailers permanently registered as provided in

section 1920(c) shall expire upon salvaging of the vehicle or

transfer of ownership.

(g) Election.--Upon application on a form prescribed by the

department, the owner or lessee of a motor vehicle, except a

motor vehicle registered under the International Registration

Plan and a motor vehicle with a seasonal registration or a

circus or carnival plate, may elect to pay an annual

registration fee for a two-year period. The fee shall be two

times the amount of the registration fee otherwise payable for

the motor vehicle under this title.

(May 26, 1982, P.L.435, No.129, eff. imd.; Dec. 20, 1995,

P.L.669, No.75, eff. 120 days; July 11, 1996, P.L.660, No.115,

eff. 60 days; Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997;

Dec. 1, 2004, P.L.1771, No.229, eff. 60 days; Dec. 18, 2007,

P.L.436, No.67, eff. 60 days; Nov. 25, 2013, P.L.974, No.89;

July 2, 2014, P.L.988, No.109, eff. 60 days)

2014 Amendment. Act 109 amended subsec. (a.1).

2013 Amendment. Act 89 amended subsec. (f) and added subsec.

(g), effective January 1, 2014, as to subsec. (f) and December

31, 2016, as to subsec. (g). See the preamble to Act 89 in the

appendix to this title for special provisions relating to

legislative findings and declarations.

2004 Amendment. Act 229 amended subsec. (a).

1995 Amendment. Act 75 amended subsec. (e).

1982 Amendment. Act 129 amended subsecs. (a) and (c).

Cross References. Section 1307 is referred to in section

1786 of this title.

§ 1307.1. Permanent fleet registration.

The department may establish a system for issuing permanent

registration cards and plates to the owner or lessee of a fleet

of vehicles and may promulgate rules and regulations to

implement the permanent registration system. The department may

authorize permanently registered vehicles to be exempt from

such requirements of this chapter as it deems necessary and may

charge, in addition to any other fees due for registration of

vehicles, a reasonable service fee for each fleet vehicle at

the time of initial application for permanent registration.

(July 10, 1984, P.L.679, No.146, eff. 60 days)

1984 Amendment. Act 146 added section 1307.1.

§ 1308. Issuance of registration card.

(a) General rule.--The department, upon registering a

vehicle, shall issue to the registrant a registration card which

shall contain the registration number assigned to the vehicle,

the name and address of the registrant and the name of the

owner, if other than the registrant, a description of the

vehicle including the vehicle identification number, the

expiration date and such other information as may be determined

by the department.

(b) Trucks.--The registration card for a truck shall

indicate the registered gross weight of the truck, and the

registered gross weight of the combination, if the truck is so

registered, in addition to other information required.

tractor shall indicate the registered gross weight of the

combination in addition to other information required.

(d) Trailers.--The registration card for a trailer shall

indicate the registered gross weight of the trailer in addition

to other information required.

(e) Buses.--The registration card for a bus shall indicate

the passenger seating capacity of the bus.

§ 1309. Renewal of registration.

At least 60 days prior to the expiration of each

registration, the department shall send to the registrant an

application for renewal of registration. Upon return of the

application, accompanied by self-certification of financial

responsibility and the applicable fee or fees, the department

shall send to the registrant a renewed registration card. An

application for renewal of registration for a motor carrier

vehicle shall also be accompanied by self-certification of

current safety inspection. Failure to receive a renewal

application shall not relieve a registrant from the

responsibility to renew the registration.

(May 26, 1982, P.L.435, No.129, eff. imd.; Feb. 12, 1984,

P.L.26, No.11, eff. Oct. 1, 1984; Apr. 26, 1989, P.L.13, No.4,

eff. imd.; Dec. 23, 2002, P.L.1982, No.229, eff. 6 months)

Cross References. Section 1309 is referred to in sections

1306, 1331 of this title.

§ 1309.1. Apportioned registration renewal.

The department shall establish a system of staggered

apportioned registration renewal in a manner that apportioned

registrations will expire in no less than four periods

throughout the year. In order to implement and maintain the

staggered apportioned registration system, the department may

prorate annual apportioned registration fees.

(July 11, 2022, P.L.1585, No.90, eff. 18 mos.)

2022 Amendment. Act 90 added section 1309.1.

§ 1310. Temporary registration cards.

(a) General rule.--The department shall provide temporary

registration cards for use pending issuance or transfer of

permanent registration cards. Temporary registration cards and

plates may be delivered to designated agents who shall have the

authority to issue them in accordance with regulations

promulgated by the department. When determining whether to

suspend, revoke or impose a monetary penalty upon an agent, the

department may consider relevant mitigating events.

(b) Duration.--Temporary registration cards shall be valid

for such period as the department shall designate. Temporary

registration cards issued to a vehicle acquired in this

Commonwealth for transportation to another state for

registration or use in the other state shall be valid for 60

days from the date of issuance.

not charge any fee for issuing a temporary registration card

other than notary fees.

(July 11, 1996, P.L.660, No.115, eff. 60 days; Nov. 4, 2016,

P.L.1277, No.165, eff. 60 days)

2016 Amendment. Act 165 amended subsec. (b).

1996 Amendment. Act 115 amended subsec. (a).

Cross References. Section 1310 is referred to in sections

1307, 1314 of this title.

§ 1310.1. Temporary registration permits.

(a) General rule.--A registration permit shall be issued

to the registrant concurrent with the issuance of a temporary

registration card and plate.

(b) Content of registration permit.--Every registration

permit shall contain the following information:

(1) The term "Pennsylvania" preprinted on the permit.

(2) The term "temporary registration permit" preprinted

on the permit.

(3) The sticker issued by the department which will

contain the number of the temporary registration plate and

the dealer identification number (DIN).

(4) The expiration date (month/day/year) of the

temporary registration plate handprinted on the permit in

permanent black marker.

(5) The control number preprinted on the permit.

provided, a registration permit shall be affixed to the extreme

lower left-hand (driver side) inside corner of the rear window

of a vehicle with the printed information visible from the

outside. On trailers, motorcycles, mopeds, motor-driven cycles

and convertibles, the registration permit shall be carried with

the vehicle at all times while the vehicle is being operated

on the highway.

(June 22, 2001, P.L.559, No.37, eff. 60 days)

2001 Amendment. Act 37 added section 1310.1.

§ 1311. Registration card to be signed and exhibited on demand.

(a) Signing card.--Upon receiving the registration card or

any duplicate, the registrant shall sign his name in the space

provided.

(b) Carrying and exhibiting card.--Every registration card

shall, at all times while the vehicle is being operated upon a

highway, be in the possession of the person driving or in

control of the vehicle or carried in the vehicle and shall be

exhibited upon demand of any police officer.

convicted of violating this section or section 1301 (relating

to driving unregistered vehicle prohibited) if the person

produces at the office of the issuing authority or at the office

of the arresting police officer within five days of the

violation, a registration card valid in this Commonwealth at

the time of the arrest.

(July 20, 1979, P.L.168, No.55, eff. imd.)

§ 1312. Notice of change of name or address.

Any person whose address is changed from the address named

in the application for registration or on the registration card

or whose name is changed shall, within 15 days, notify the

department in writing of the old and new address, or of such

former and new names, and of the title or registration number

of every vehicle registered in the person's name.

(June 30, 1990, P.L.266, No.63, eff. 60 days)

§ 1313. Duplicate registration cards.

(a) Additional cards upon request.--The department shall,

if so requested, issue to the registrant of any vehicle whose

registration is not under suspension a duplicate registration

card, or as many duplicate registration cards as requested,

upon payment of the fee provided in this title for each card.

(b) Replacement of lost or illegible card.--In the event

of a lost, stolen, destroyed or illegible registration card,

the registrant shall apply to the department for a duplicate

within 48 hours of discovery of the loss or defacement of such

registration card, upon a form furnished by the department, and

accompanied by the fee provided in this title.

vehicle shall be subject to a fine for failure to have the

registration card if the owner or operator makes affidavit that

the card was lost or stolen within the period of 20 days

preceding and that application for new registration card was

made within 48 hours as required in this section.

§ 1314. Transfer of registration.

(a) General rule.--Registration and registration plates may

be transferred to another vehicle owned or leased by the

registrant, or to a vehicle owned or leased by the spouse,

parent or child of the registrant.

(b) Procedure for transfer.--In order to transfer

registration and registration plates, the transferee shall apply

for a temporary registration card in accordance with section

1310 (relating to temporary registration cards) and

simultaneously apply for transfer of registration under this

section.

vehicle type, the transferee shall retain the registration plate

previously issued, unless lost or destroyed. A new registration

card shall be issued by the department.

(d) Different vehicle type.--If the transfer is to another

vehicle type, a new registration plate and card shall be issued

to the transferee. The previously issued plate shall be returned

to the department for cancellation immediately upon receipt of

the new registration plate, unless lost or destroyed. In

addition to the transfer fee, the transferee shall pay the

difference in registration fees when transferring registration

to a type or class of vehicle requiring a higher fee. No refund

shall be payable on transferring to a type or class of vehicle

requiring a lower fee.

Cross References. Section 1314 is referred to in section

1334.1 of this title.

§ 1315. Operation of vehicle following death of owner.

When the owner of a vehicle is deceased, the vehicle may be

operated by or for any heir or personal representative of the

decedent for the remainder of the current registration period

and throughout the next following registration period, provided

that the registration is renewed in the name of the decedent's

estate as otherwise required by this chapter. Registration may

continue to be renewed thereafter in the name of the decedent's

estate by any person entitled to the family exemption until the

final account is approved by the court.

§ 1316. Department records.

The department shall maintain suitable records in a manner

permitting identification of vehicles and owners, including:

(1) All registrations and transfers of registrations

issued.

(2) All registrations and transfers of registrations

denied and reasons for denial. Registrations and transfers

returned for correction of errors or omissions need not be

recorded.

§ 1317. Acknowledgment of littering provisions.

On every vehicle registration card, the following statement

shall be printed immediately above or below the signature of

the applicant:

I hereby acknowledge this day that I have received notice

of the provisions of section 3709 of the Vehicle Code.

Also printed on the registration card shall be the following:

Section 3709 provides for a fine of up to $300 for

dropping, throwing or depositing, upon any highway, or

upon any other public or private property without the

consent of the owner thereof or into or on the waters

of this Commonwealth from a vehicle, any waste paper,

sweepings, ashes, household waste, glass, metal, refuse

or rubbish or any dangerous or detrimental substance,

or permitting any of the preceding without immediately

removing such items or causing their removal.

For any violation of section 3709, I may be subject to

a fine of up to $300 upon conviction, including any

violation resulting from the conduct of any other persons

operating, in possession of or present within this

vehicle with my permission, if I do not with reasonable

certainty identify the driver of the vehicle at the time

the violation occurred.

(Mar. 27, 1986, P.L.71, No.24, eff. July 1, 1986)

1986 Amendment. Act 24 added section 1317.

§ 1318. Duties of agents.

(a) Verification of financial responsibility.--An agent of

the Department of Transportation who is authorized to issue on

behalf of the department a vehicle registration renewal or

temporary registration shall be required to verify financial

responsibility prior to issuance.

(b) Proof.--Proof of financial responsibility shall be

verified by examining one of the following documents:

(1) An identification card as required by regulations

promulgated by the Insurance Department.

(2) The declaration page of an insurance policy.

(3) A certificate of financial responsibility.

(4) A valid binder of insurance issued by an insurance

company licensed to sell motor vehicle liability insurance

in Pennsylvania.

(5) A legible photocopy, facsimile or printout of an

electronic transmission of a document listed in paragraphs

(1) through (4), provided the agent receives the photocopy,

facsimile or printout directly from a licensed insurance

company or licensed insurance agency. The agent shall not

accept a photocopy, facsimile or printout unless the licensed

insurance company or licensed insurance agency provides it

on the letterhead of the company or the agency, or with a

letter written upon the company's or agency's letterhead,

which specifically references the proof of financial

responsibility by the insured's name and address and the

make, model and vehicle identification number of the insured

vehicle. An issuing agent of the department shall not accept

a photocopy, facsimile or printout of an electronic

transmission as proof of financial responsibility under this

paragraph when the issuing agent is also acting as an

insurance agent for the licensed insurance company or

licensed insurance agency.

handwritten proof of financial responsibility is acceptable

proof of insurance in the state where the vehicle is to be

registered, the issuing agent is authorized to accept such

handwritten proof, provided the issuing agent receives written

confirmation from the applicable state, insurance company or

insurance agency that handwritten proof is acceptable in that

state. The agent shall retain a copy of the written confirmation

along with the copy of the document provided as proof of

financial responsibility.

(d) Verification of information on application.--In addition

to any other duty prescribed by this title or departmental

regulations, an agent shall verify that the purchase price

stated on the application approximates the fair market value

of the vehicle in a manner prescribed by the department as set

forth in a notice published in the Pennsylvania Bulletin.

(e) Penalty.--Any person who violates this section, in

addition to any penalty, suspension or revocation imposed by

the department, commits a summary offense and shall, upon

conviction, be sentenced to pay a fine of not less than $100

nor more than $500 and for each subsequent or additional offense

a fine of not less than $200 nor more than $500, or to

imprisonment for not more than 90 days, or both.

(Feb. 7, 1990, P.L.11, No.6, eff. 60 days; July 11, 1996,

P.L.660, No.115, eff. 60 days; Apr. 17, 1997, P.L.6, No.3, eff.

60 days)

1997 Amendment. Act 3 added subsecs. (d) and (e).

§ 1319. Duties of motor carrier vehicle owners.

(a) Currently valid certificate of inspection.--A motor

carrier vehicle is required to have a currently valid

certificate of inspection at the time that the department renews

the registration of the vehicle.

(b) Audit.--The department shall establish an audit

procedure to monitor compliance with the requirement that motor

carrier vehicles have a currently valid certificate of

inspection at the time of registration renewal.

(Dec. 23, 2002, P.L.1982, No.229, eff. 6 months)

2002 Amendment. Act 229 added section 1319.

§ 1320. Contributions to Veterans' Trust Fund.

(a) Option.--The department shall provide for all of the

following:

(1) Ability of an applicant for an original or renewal

driver's license or identification card to make a

contribution of $5 to the Veterans' Trust Fund.

(2) Ability of an applicant for a renewal vehicle

registration to make a contribution of $5 to the Veterans'

Trust Fund.

(3) Ability of an applicant for a two-year vehicle

registration to make a contribution of $10 to the Veterans'

Trust Fund on the department's publicly accessible Internet

website.

(b) Implementation.--

(1) A contribution under subsection (a) shall be added,

as appropriate, to the regular fee for:

(i) an original or renewal driver's license or

identification card; and

(ii) a renewal of a vehicle registration.

(2) One contribution under subsection (a) may be made

for:

(i) each issuance or renewal of a driver's license

or identification card; and

(ii) each renewal vehicle registration.

exclusively for purposes set forth in 51 Pa.C.S. § 1721(c)

(relating to Veterans' Trust Fund).

(d) Deposits.--

(1) The department shall determine on a monthly basis

the total amount collected under this section and report the

amount to the State Treasurer.

(2) The State Treasurer shall transfer the amount

collected to the Veterans' Trust Fund.

(e) Reimbursement.--The Veterans' Trust Fund shall reimburse

the Motor License Fund for the actual costs incurred by the

department in the administration of this section.

(Oct. 24, 2012, P.L.1602, No.194, eff. 30 days; Oct. 24, 2018,

P.L.918, No.149, eff. 60 days; June 30, 2021, P.L.255, No.55,

eff. imd.)

2021 Amendment. Act 55 amended subsec. (a). Section 2 of

Act 55 provided that no later than September 1, 2022, the

Department of Transportation shall implement the amendment of

section 1320(a).

2012 Amendment. Act 194 added section 1320.

Cross References. Section 1320 is referred to in section

1721 of Title 51 (Military Affairs).

§ 1321. Contributions for pediatric cancer research.

(a) General rule.--Within one year of the effective date

of this section, the department shall provide for all of the

following:

(1) Ability of a person renewing a driver's license or

identification card electronically through the department's

publicly accessible Internet website to make a contribution

of $5 to the Pediatric Cancer Research Fund.

(2) Ability of a person renewing a vehicle registration

electronically through the department's publicly accessible

Internet website to make a contribution of $5 to the

Pediatric Cancer Research Fund.

(b) Implementation.--

(1) A contribution under subsection (a) shall be added,

as appropriate, to the regular fee for:

(i) a renewal of a driver's license or

identification card; and

(ii) a renewal of a vehicle registration.

(2) One contribution under subsection (a) may be made

for:

(i) each renewal of a driver's license or

identification card; and

(ii) each renewal of a vehicle registration.

exclusively for pediatric cancer research approved by the

Pennsylvania Cancer Control, Prevention and Research Advisory

Board established by the act of December 18, 1980 (P.L.1241,

No.224), known as the Pennsylvania Cancer Control, Prevention

and Research Act.

(d) Deposits.--

(1) The department shall determine on a monthly basis

the total amount collected under this section and report the

amount to the State Treasurer.

(2) The State Treasurer shall transfer the amount

collected to the Pediatric Cancer Research Fund, which fund

is hereby established.

(e) Reimbursement.--The Pediatric Cancer Research Fund shall

reimburse the Motor License Fund for the actual costs incurred

by the department in the administration of this section.

(f) Information.--

(1) The department shall provide adequate information

concerning the contribution for pediatric cancer research

in its instructions for the applicants described in

subsection (a). The information concerning the contribution

shall include the listing of an address furnished by the

Department of Health to which contributions may be sent by

individuals wishing to make additional contributions.

(2) The Department of Health shall conduct a public

information campaign on the availability of this opportunity

to Pennsylvania taxpayers.

(g) Reporting.--The Department of Health shall report

annually to the respective committees of the Senate and the

House of Representatives that have jurisdiction over health

matters on the amount received from the contributions authorized

by this section and how the funds were used.

(June 28, 2018, P.L.496, No.73, eff. 60 days)

2018 Amendment. Act 73 added section 1321.

§ 1322. Contributions to Keystone Tree Restricted Account.

(a) General rule.--Within one year of the effective date

of this section, the department shall provide for all of the

following:

(1) Ability of a person renewing a driver's license or

identification card electronically through the department's

publicly accessible Internet website to make a contribution

of $3 to the Keystone Tree Restricted Account established

by 27 Pa.C.S. § 6602 (relating to establishment).

(2) Ability of a person renewing a vehicle registration

electronically through the department's publicly accessible

Internet website to make a contribution of $3 to the Keystone

Tree Restricted Account.

(b) Implementation.--

(1) A contribution under subsection (a) shall be added,

as appropriate, to the regular fee for:

(i) A renewal of a driver's license or

identification card.

(ii) A renewal of a vehicle registration.

(2) One contribution under subsection (a) may be made

for:

(i) Each renewal of a driver's license or

identification card.

(ii) Each renewal of a vehicle registration.

exclusively for purposes specified in 27 Pa.C.S. § 6604

(relating to authorized purposes).

(d) Deposits.--The department shall determine on a monthly

basis the total amount collected under this section and direct

the State Treasurer to transfer the amount from the Motor

License Fund to the Keystone Tree Restricted Account by the

15th of the following month.

(e) Reimbursement.--The Keystone Tree Restricted Account

shall reimburse the Motor License Fund for the actual costs

incurred by the department in the administration of this

section.

(Nov. 7, 2019, P.L.609, No.78, eff. 60 days)

2019 Amendment. Act 78 added section 1322.

Cross References. Section 1322 is referred to in sections

6603, 6604 of Title 27 (Environmental Resources).

§ 1323. Contributions for breast cancer research.

(a) General rule.--Within one year of the effective date

of this section, the department shall provide for all of the

following:

(1) Ability of a person renewing a driver's license or

identification card electronically through the department's

publicly accessible Internet website to make a contribution

of $5 to the Pennsylvania Breast Cancer Coalition.

(2) Ability of a person renewing a vehicle registration

electronically through the department's publicly accessible

Internet website to make a contribution of $5 to the

Pennsylvania Breast Cancer Coalition.

(b) Implementation.--

(1) A contribution under subsection (a) shall be added,

as appropriate, to the regular fee for:

(i) a renewal of a driver's license or

identification card; and

(ii) a renewal of a vehicle registration.

(2) One contribution under subsection (a) may be made

for:

(i) each renewal of a driver's license or

identification card; and

(ii) each renewal of a vehicle registration.

exclusively for breast cancer research approved and administered

by the Pennsylvania Breast Cancer Coalition.

(d) Deposits.--The department shall determine annually the

total amount designated under this section and shall report the

amount to the State Treasurer who shall transfer the amount

from the Motor License Fund to the Pennsylvania Breast Cancer

Coalition.

(e) Information.--

(1) The department shall provide adequate information

concerning the contribution for breast cancer research in

its instructions for the applicants described in subsection

(a). The information concerning the contribution shall

include the address of the Pennsylvania Breast Cancer

Coalition to which contributions may be sent by individuals

wishing to make additional contributions.

(2) The Pennsylvania Breast Cancer Coalition shall

conduct a public information campaign on the availability

of this opportunity to Pennsylvania taxpayers.

(f) Reporting.--The Pennsylvania Breast Cancer Coalition

shall report annually to the respective committees of the Senate

and the House of Representatives that have jurisdiction over

health matters on the amount received from the contributions

authorized by this section and how the funds were used.

(g) Reimbursement.--The Pennsylvania Breast Cancer Coalition

shall reimburse the Motor License Fund for the actual costs

incurred by the department in the administration of this

section.

(June 25, 2021, P.L.60, No.23, eff. 120 days)

2021 Amendment. Act 23 added section 1323.

§ 1324. Contributions for the prevention of child abuse and

neglect.

(a) General rule.--Within one year of the effective date

of this section, the department shall provide for all of the

following:

(1) Ability of a person renewing a driver's license or

identification card electronically through the department's

publicly accessible Internet website to make a contribution

of $5 to the Children's Trust Fund.

(2) Ability of a person renewing a vehicle registration

electronically through the department's publicly accessible

Internet website to make a contribution of $5 to the

Children's Trust Fund.

(b) Implementation.--

(1) A contribution under subsection (a) shall be added,

as appropriate, to the regular fee for:

(i) a renewal of a driver's license or

identification card; and

(ii) a renewal of a vehicle registration.

(2) One contribution under subsection (a) may be made

for:

(i) each renewal of a driver's license or

identification card; and

(ii) each renewal of a vehicle registration.

used by the Children's Trust Fund Board exclusively for the

prevention of child abuse and neglect.

(d) Deposits.--The department shall determine annually the

total amount designated under this section and shall report the

amount to the State Treasurer who shall transfer the amount

from the Motor License Fund to the Children's Trust Fund.

(e) Information.--The department shall provide adequate

information concerning the contribution for the prevention of

child abuse and neglect in its instructions for the applicants

described in subsection (a). The information concerning the

contribution shall include the address of the Children's Trust

Fund to which contributions may be sent by individuals wishing

to make additional contributions.

(f) Reporting.--The Children's Trust Fund Board shall

include in its annual report required under section 5(6) of the

act of December 15, 1988 (P.L.1235, No.151), known as the

Children's Trust Fund Act, the amount received from the

contributions authorized by this section and how the funds were

used.

(g) Reimbursement.--The Children's Trust Fund shall

reimburse the Motor License Fund for the actual costs incurred

by the department in the administration of this section.

(h) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Children's Trust Fund." The fund created under section 8

of the Children's Trust Fund Act.

"Children's Trust Fund Board." The board created under

section 4 of the Children's Trust Fund Act.

(Nov. 3, 2022, P.L.1734, No.112, eff. 180 days)

2022 Amendment. Act 112 added section 1324.

SUBCHAPTER B

REGISTRATION PLATES

Sec.

1331. Issuance and reissuance of registration plates.

1332. Display of registration plate.

1333. Lost, stolen, damaged or illegible registration plate.

1334. Return of registration plate.

1334.1. Seizure of registration plate.

1335. Registration plates for manufacturers and dealers.

1336. Use of dealer registration plates.

1336.1. Use of multipurpose dealer registration plates.

1336.2. Farm equipment dealer registration plates.

1337. Use of "Miscellaneous Motor Vehicle Business"

registration plates.

1337.1. Fleet owner transporter registration plate.

1338. Person with disability plate and placard.

1339. Legislative plate.

1340. Antique, classic and collectible plates.

1340.1. Street rod plate.

1341. Special registration plates.

1341.1. Personal organization registration plates.

1342. Veteran plates and placard.

1343. Use of school bus or school vehicle plates.

1344. Use of farm vehicle plates.

1344.1. Use of farm equipment dealer registration plates.

1345. Special plates for recipients of the Medal of Honor.

1346. Special plates for recipients of Purple Heart.

1347. Hearing impaired plates.

1348. Special plates for Pearl Harbor survivors.

1349. Circus or carnival plates.

1350. Special plates for veterans of Korean War.

1350.1. Special plates for recipients of Korean Defense Service

Medal.

1351. Special plates for veterans of Persian Gulf War.

1352. Wild resource conservation plate.

1352.1. Appalachian Trail organization registration plates.

1352.2. Pollinator conservation registration plate.

1353. Preserve our heritage registration plate.

1353.1. Pennsylvania monument registration plate.

1354. Flagship Niagara commemorative registration plate

(Repealed).

1354.1. United States Olympic plate.

1355. Zoological plate.

1355.1. Pennsylvania Hunting Heritage registration plates.

1355.2. Pennsylvania Sportsman plate.

1356. Special plates for recipients of Expeditionary Forces

Medal.

1356.1. Special plates for recipients of Global War on Terrorism

Expeditionary Medal.

1357. Special plates for World War II veterans.

1357.1. Special plates for individuals in the service of the

United States Merchant Marine.

1358. DARE plate (Repealed).

1358.1. Share the Road plate.

1358.2. Distracted Driving Awareness plate.

1359. Special plates for steelworkers.

1360. Special plates for veterans of Vietnam Conflict.

1361. Special motorcycle plates related to veterans.

1362. Operation Iraqi Freedom veterans plate.

1362.1. Operation Inherent Resolve veterans plate.

1363. Operation Enduring Freedom veterans plate.

1363.1. Afghanistan and Iraq veterans plate.

1364. Special plates for veterans.

1364.1. Special plates for current members of the armed forces

of the United States.

1365. Gold Star Family plate.

1366. Special plates for recipients of Silver Star.

1366.1. Special plates for United States military airborne

units.

1366.2. Blue Star Family plate.

1366.3. Special plates for recipients of Air Medal.

1367. Special plates for recipients of Bronze Star.

1368. Special plates for recipients of Bronze Star for Valor.

1368.1. Special plates for recipients of Soldier's Medal.

1368.2. Special plates for recipients of Presidential Service

Badge.

1368.3. Special plates for recipients of Legion of Merit.

1368.4. Special plates for recipients of Borinqueneers

Congressional Gold Medal.

1369. Special plates for recipients of Distinguished Service

Cross, Distinguished Flying Cross, Navy Cross or Air

Force Cross.

1369.1. Special plates for recipients of Combat Action Badge,

Combat Infantryman Badge, Combat Action Ribbon, Combat

Action Medal or Combat Medical Badge.

1369.2. Special "In God We Trust" plates.

1369.3. Special plates for veterans of an ally foreign country.

1369.4. USA semiquincentennial registration plates.

1370. Report to General Assembly.

§ 1331. Issuance and reissuance of registration plates.

(a) Department to provide plates.--Registration plates shall

be provided by the department.

(b) Information on plate.--Every registration plate shall

have displayed upon it the identifying numbers or letters

assigned to the vehicle, the name of the Commonwealth, which

may be abbreviated, and any other data the department may deem

necessary.

provide temporary registration plates for use on vehicles which

are to be removed from this Commonwealth or for use as necessary

pending issuance of permanent registration plates.

(d) Reflectorizing material on plate.--All registration

plates, except temporary plates, shall be treated with

reflectorizing material in accordance with standards approved

by the department.

(e) Issuance of plates by agents.--The department may

deliver registration plates, other than special plates, to

designated agents, who shall have the authority to issue them

in conjunction with the issuance of temporary registration

cards.

(f) Periodic reissuance of registration plates.--The

department shall develop, implement and administer a program

to provide for the reissuance of current registration plates

previously issued under this section. The program to be

established under this subsection shall address the following

criteria:

(1) Other than the annual registration fee required

under sections 1305 (relating to application for

registration) and 1309 (relating to renewal of registration)

and Subchapter B of Chapter 19 (relating to registration

fees), the reissued registration plate shall be issued under

section 1934 (relating to general reissuance).

(2) The program shall provide that current registration

plates issued under this section be replaced. The program

may provide that the department provide for reissuance of

registration plates on a staggered basis which will replace

registration plates issued under this section.

(3) The program may provide for the return of and the

recycling of the older registration plates.

(4) (Deleted by amendment).

(5) (Deleted by amendment).

(6) The program may contain any other conditions,

limitations, contractual arrangements or other factors which

the department deems necessary to implement this subsection.

(Dec. 21, 1998, P.L.1126, No.151; Nov. 26, 2008, P.L.1658,

No.133, eff. 60 days)

2008 Amendment. Act 133 amended subsec. (f).

1998 Amendment. Act 151 amended the section heading and

added subsec. (f), effective in 60 days as to the section

heading and July 1, 1999, as to subsec. (f).

§ 1332. Display of registration plate.

(a) General rule.--Every registration plate shall, at all

times, be securely fastened to the vehicle to which it is

assigned or on which its use is authorized in accordance with

regulations promulgated by the department.

(a.1) Motorcycle registration plate.--

(1) A registration plate issued for a motorcycle may

be mounted on the motorcycle in a vertical manner if:

(i) the identifying characters on the plate are

displayed in a vertical alignment; and

(ii) the mounting complies with all other provisions

of this section.

(2) A registration plate that has its identifying

characters displayed horizontally shall not be displayed and

mounted vertically.

(3) The department shall produce a registration plate

for motorcycles which displays the identifying characters

on the plate in a vertical alignment. The department shall

issue such a plate upon request and upon payment of a fee

of $20, which shall be in addition to the annual registration

fee.

(4) No later than January 1, 2016, the department shall

report to the chairman and minority chairman of the

Transportation Committee of the Senate and the chairman and

minority chairman of the Transportation Committee of the

House of Representatives on the number of motorcycle

registration plates issued in a vertical alignment, the cost

of issuance and any required revision to the fee so as to

maintain necessary financial support for the highway system

in this Commonwealth.

(b) Obscuring plate.--It is unlawful to display on any

vehicle a registration plate which:

(1) is so dirty as to prevent the reading of the number

or letters thereon at a reasonable distance;

(2) is illegible, obscured, covered or otherwise

obstructed in any manner which inhibits the proper operation

of an automated red light enforcement system in place

pursuant to section 3116 (relating to automated red light

enforcement systems in first class cities) or 3117 (relating

to automated red light enforcement systems in certain

municipalities) or any other automated enforcement system

authorized by this title or an electronic toll collection

system as authorized under 74 Pa.C.S. § 8117 (relating to

electronic toll collection);

(3) is illegible, obscured, covered or otherwise

obstructed in any manner at a reasonable distance;

(4) is illegible, obscured, covered or otherwise

obstructed in any manner which inhibits the visibility of

the issuing jurisdiction at a reasonable distance; or

(5) has a tinted plate cover.

(b.1) Construction.--Nothing under subsection (b) shall be

construed to prohibit a vehicle from being affixed with a

registration plate frame that minimally outlines the

registration plate in such a manner that the registration

plate's number and issuing jurisdiction is identifiable by an

automated enforcement system under subsection (b)(2) or by law

enforcement.

subsection (b)(2) or (4) commits a summary offense and shall,

upon conviction, be sentenced to pay a fine of $100.

(d) Validating registration stickers.--Validating

registration stickers shall not be issued or required to be

displayed.

(Feb. 9, 2004, P.L.65, No.8; July 2, 2012, P.L.735, No.84, eff.

90 days; Nov. 25, 2013, P.L.974, No.89; Nov. 4, 2016, P.L.1277,

No.165, eff. 9 months; Nov. 3, 2022, P.L.1734, No.112)

2022 Amendment. Act 112 amended subsec. (b) and added

subsec. (b.1). Section 10(1)(ii) of Act 112 provided that the

amendment or addition of subsecs. (b)(2), (3) and (4) and (b.1)

shall take effect immediately and the remainder of the section

shall take effect in 60 days.

2016 Amendment. Act 165 amended subsecs. (b) and (c).

2013 Amendment. Act 89 added subsecs. (a.1) and (d),

effective in 90 days as to subsec. (a.1) and December 31, 2016,

as to subsec. (d). See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

Cross References. Section 1332 is referred to in sections

6110.1, 6309.1 of this title.

§ 1333. Lost, stolen, damaged or illegible registration plate.

(a) Application for new plate.--The registrant of the

vehicle shall within 48 hours of discovering the loss, theft

or defacement apply to the department for a new plate and report

the loss or theft of a plate to the police.

(b) Substitute registration.--Where the registration plate

has been lost or stolen and in any other case in which the

department may deem it advisable, the original registration

shall be cancelled and substitute registration issued under a

new registration number other than that originally issued. Upon

receipt of substitute registration, it shall be the duty of the

registrant to return the old registration plates and card to

the department, unless lost or destroyed.

(b.1) Illegible registration plate.--

(1) The department may reissue a registration plate

upon request by a registrant when it is determined by an

authorized representative of the department or law

enforcement that the registration plate is illegible from a

reasonable distance. The department may select the style of

the reissued registration plate and, except in the case of

personal registration plates issued under section 1341

(relating to special registration plates), the registration

plate number.

(2) Notwithstanding paragraph (1):

(i) The department shall at no cost to the

registrant reissue the style of the registration plate

under subparagraph (ii) upon request by a registrant

when it is determined by an authorized representative

of the department or law enforcement that the

registration plate is illegible from a reasonable

distance.

(ii) Subparagraph (i) shall apply to plates issued

under:

(A) Section 1342 (relating to veteran plates

and placard).

(B) Section 1345 (relating to special plates

for recipients of the Medal of Honor).

for recipients of Purple Heart).

(D) Section 1348 (relating to special plates

for Pearl Harbor survivors).

(E) Section 1350 (relating to special plates

for veterans of Korean War).

(F) Section 1350.1 (relating to special plates

for recipients of Korean Defense Service Medal).

(G) Section 1351 (relating to special plates

for veterans of Persian Gulf War).

(H) Section 1356 (relating to special plates

for recipients of Expeditionary Forces Medal).

(I) Section 1357 (relating to special plates

for World War II veterans).

(J) Section 1357.1 (relating to special plates

for individuals in the service of the United States

Merchant Marine).

(K) Section 1360 (relating to special plates

for veterans of Vietnam Conflict).

(L) Section 1361 (relating to special motorcycle

plates related to veterans).

(M) Section 1362 (relating to Operation Iraqi

Freedom veterans plate).

(N) Section 1363 (relating to Operation Enduring

Freedom veterans plate).

(O) Section 1363.1 (relating to Afghanistan and

Iraq veterans plate).

(P) Section 1364 (relating to special plates

for veterans).

(Q) Section 1364.1 (relating to special plates

for current members of the armed forces of the United

States).

(R) Section 1365 (relating to Gold Star Family

plate).

(S) Section 1366 (relating to special plates

for recipients of Silver Star).

(T) Section 1366.1 (relating to special plates

for United States military airborne units).

(U) Section 1366.2 (relating to Blue Star Family

plate).

(V) Section 1366.3 (relating to special plates

for recipients of Air Medal).

(W) Section 1367 (relating to special plates

for recipients of Bronze Star).

(X) Section 1368 (relating to special plates

for recipients of Bronze Star for Valor).

(Y) Section 1368.1 (relating to special plates

for recipients of Soldier's Medal).

(Z) Section 1368.2 (relating to special plates

for recipients of Presidential Service Badge).

(AA) Section 1368.3 (relating to special plates

for recipients of Legion of Merit).

(BB) Section 1369 (relating to special plates

for recipients of Distinguished Service Cross,

Distinguished Flying Cross, Navy Cross or Air Force

Cross).

(CC) Section 1369.1 (relating to special plates

for recipients of Combat Action Badge, Combat

Infantryman Badge, Combat Action Ribbon, Combat

Action Medal or Combat Medical Badge).

(DD) Section 1369.3 (relating to special plates

for veterans of an ally foreign country).

(EE) Any special plates honoring military

service authorized by law that is consistent with

this paragraph. The secretary shall transmit notice

of any plates under this clause to the Legislative

Reference Bureau for publication in the next

available issue of the Pennsylvania Bulletin.

(iii) A registration plate under subparagraph (ii),

reissued under subparagraph (i), that is also a personal

registration plate shall be reissued at no cost to the

registrant with the same registration plate number unless

waived in writing by the registrant.

vehicle shall be subject to a fine for the reason that the

registration plate is missing if they have in their possession

an affidavit that the plate was lost or stolen and that

application for new plate or plates was made within 48 hours

as required in this section.

(Nov. 26, 2008, P.L.1658, No.133, eff. 60 days; Mar. 19, 2014,

P.L.361, No.23, eff. 120 days; July 8, 2024, P.L. , No.51,

eff. 60 days)

2024 Amendment. Act 51 amended subsec. (b.1).

§ 1334. Return of registration plate.

(a) General rule.--Registration plates shall be returned

to the department under the following circumstances:

(1) A registration plate shall be returned if the

registrant no longer has a vehicle titled in this

Commonwealth.

(2) A legislative registration plate shall be returned

on the expiration or termination of the term of office of

the legislative member.

(3) A dealer or "Miscellaneous Motor Vehicle Business"

registration plate shall be returned if the business is

discontinued.

(4) A person with a disability registration plate shall

be returned if the person to whom it was issued no longer

qualifies under section 1338 (relating to person with

disability plate and placard).

(b) Time for return of plate.--Each registration plate

required to be returned under this section shall be returned

to the department within five days of the occurrence requiring

its return.

registration plate shall be accompanied by a statement of the

reason for the return of the plate and the date of the

occurrence requiring its return.

(July 11, 1980, P.L.550, No.113, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. imd.)

1998 Amendment. Act 151 amended subsec. (a)(4).

§ 1334.1. Seizure of registration plate.

A police officer or an employee of the department authorized

to enforce the provisions of Chapter 49 (relating to size,

weight and load) may seize a registration plate that appears

in departmental records as suspended, revoked, canceled, stolen,

inactive or issued to a vehicle other than the vehicle on which

it is displayed. This provision shall not apply to a

registration plate that has been legally transferred as provided

for in section 1314 (relating to transfer of registration).

(June 22, 2001, P.L.559, No.37, eff. 60 days)

2001 Amendment. Act 37 added section 1334.1.

§ 1335. Registration plates for manufacturers and dealers.

(a) General rule.--Upon posting of a bond in the amount of

$20,000 and approval of an application in accordance with

departmental regulations, the department shall issue to dealers

and manufacturers who are licensed by the State Board of Vehicle

Manufacturers, Dealers and Salespersons and to other dealers

designated by departmental regulations, special registration

plates which may be displayed on vehicles in lieu of registering

each vehicle individually.

(a.1) Bond already on file.--An authorized dealer or

manufacturer who has filed a bond with the Commonwealth shall

not be required to file a separate bond under this section if

the bond already on file with the Commonwealth is in the name

of the Commonwealth and in an amount and coverage at least equal

to that required under this section.

(a.2) Exemption.--The following types of dealers and

manufacturers are exempt from posting of the bond specified in

subsection (a):

(1) Farm equipment dealers.

(2) Mobile home dealers and manufacturers.

(3) Modular housing manufacturers.

(b) Application for plates.--Application for dealer

registration plates shall be made by the dealer or manufacturer

on a form provided by the department together with a copy of

his license from the State Board of Motor Vehicle Manufacturers,

Dealers and Salesmen.

displaying dealer registration plates may be operated on the

highway without registering each vehicle individually, provided

that the plates are used in accordance with the limitations of

sections 1336 (relating to use of dealer registration plates)

and 1336.1 (relating to use of multipurpose dealer registration

plates).

(d) Modular housing manufacturers.--For the purposes of

this section, no modular housing manufacturer shall be required

to be licensed by the State Board of Motor Vehicle

Manufacturers, Dealers and Salesmen of the Department of State

in order to receive registration plates.

(July 20, 1979, P.L.168, No.55, eff. imd.; Mar. 7, 1982,

P.L.152, No.49, eff. imd.; July 10, 1984, P.L.679, No.146, eff.

60 days; July 10, 1990, P.L.356, No.83, eff. 30 days; Aug. 5,

1991, P.L.238, No.26; Dec. 7, 1994, P.L.820, No.115, eff. 60

days)

1994 Amendment. Act 115 amended subsec. (a).

1991 Amendment. Act 26 amended subsec. (c) and added subsec.

(a.2), effective immediately as to subsec. (a.2) and 120 days

as to subsec. (c).

References in Text. The State Board of Motor Vehicle

Manufacturers, Dealers and Salesmen, referred to in this

section, was changed to the State Board of Vehicle

Manufacturers, Dealers and Salespersons by the act of December

22, 1983 (P.L.306, No.84).

§ 1336. Use of dealer registration plates.

(a) General rule.--Dealer registration plates may be

displayed on any vehicle which is owned or in the possession

of a dealer or manufacturer and such a vehicle may be operated

upon the highway, but only if the vehicle is being held for

sale and is being used for any of the following purposes:

(1) For teaching students enrolled in an approved driver

education course, how to operate a vehicle and for the new

driver to take an examination for a driver's license.

(2) For testing, for safety inspection, repairing or

transporting to or from a repair facility vehicles in the

possession of the dealer within a radius of 25 miles of the

place of business of the dealer. Vehicles in the possession

of the manufacturer may be tested within a radius of 50 miles

of the place of business of the manufacturer.

(3) For demonstrating vehicles in the possession of the

dealer or manufacturer at no cost to a prospective purchaser.

(4) For loaning to customers whose vehicles are being

repaired if the loan period does not exceed 30 days.

(5) For loaning to a prospective purchaser for a period

not exceeding five days for the purpose of demonstrating the

vehicles.

(6) For loaning to charitable organizations as defined

by departmental regulations for use in charitable activities

authorized by departmental regulations.

(7) For transit to or from a dealer, show, exhibit or

auction where the vehicle is purchased by the dealer or

offered for sale to prospective purchasers.

(8) For delivery to or from a second-stage manufacturer

for or upon completion. Vehicles operated pursuant to this

paragraph must be unladen.

(9) For transit to or from a prospective purchaser or

customer for the purpose of demonstrating or loaning as

permitted by subsection (a).

(10) For use in the conduct of the dealer's

administrative functions, such as attending meetings or

events, transporting department-required paperwork or

transporting financial paperwork.

(11) For a trailer being held for sale hauling other

trailers being held for sale as long as the combined weight

of all trailers does not exceed 3,000 pounds.

(b) Personal use.--A vehicle displaying dealer registration

plates which is owned by a dealer or manufacturer, is held for

sale and does not exceed a gross vehicle weight rating of 7,500

pounds may be operated upon the highways of this Commonwealth

for the personal use of the following:

(1) The dealer or members of his or her immediate family

when the dealer is a sole proprietorship.

(2) The officers, partners or members of their immediate

families when the dealer is a corporation or partnership.

(3) The regular employees of the dealer.

authorized by subsections (a) and (b), dealer registration

plates shall not be used on vehicles for a commercial purpose,

including parts or delivery vehicles, courtesy shuttle vehicles,

wreckers, roll backs, truck tractors and trucks.

(d) Limited use.--Limited use of certain types of dealer

plates shall be as follows:

(1) A motor driven cycle or motorized pedalcycle dealer

plate shall be used only on motor driven cycles and motorized

pedalcycles.

(2) A motorcycle dealer plate shall be used only on

motorcycles, motor driven cycles and motorized pedalcycles.

In addition, a motorcycle dealer plate may be used on other

vehicles owned or in possession of the motorcycle dealer

only when the vehicle is being demonstrated for a prospective

purchaser.

(3) A trailer dealer plate shall be used only on

trailers.

(e) Records.--Records shall be kept by the dealer in a

manner prescribed by the department indicating which vehicles

have been used as permitted by subsection (a)(1), (4), (5) and

(6). The records shall indicate the name of the person to whom

the vehicle was loaned. If the vehicle was loaned to a business

or an organization with more than one driver, it is sufficient

to list only the name of the business or organization. The

records shall be open to inspection by representatives of the

department and police officers.

(f) Penalty.--Any person who violates this section, in

addition to any penalty, suspension or revocation imposed by

the department, is guilty of a summary offense and shall, upon

conviction, be sentenced to pay a fine of not more than $100.

(July 10, 1990, P.L.356, No.83, eff. 30 days; Aug. 5, 1991,

P.L.238, No.26, eff. 120 days; June 11, 1992, P.L.266, No.47,

eff. 60 days; Dec. 7, 1994, P.L.820, No.115, eff. 60 days; Dec.

21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 amended subsecs. (a)(2) and (7),

(b) intro. par. and (e) and added subsec. (a)(8), (9), (10) and

(11).

Cross References. Section 1336 is referred to in section

1335 of this title.

§ 1336.1. Use of multipurpose dealer registration plates.

(a) General rule.--Subject to the requirement that the

vehicles on which multipurpose dealer registration plates are

used, conform to or are lower than the weight limits for which

the plates were purchased, the multipurpose dealer registration

plates may be used on vehicles owned by or in possession of a

dealer or manufacturer. All vehicles utilizing the multipurpose

dealer registration plate shall be titled in the name of the

business or family member, and sales and use tax must be paid.

(b) Exception for second-stage manufacturers.--A title in

the name of the business or family member and payment of sales

and use tax are not required for a vehicle which has never been

titled as long as the vehicle:

(1) is in possession of a second-stage manufacturer and

is being transported from a dealer or distributor for

completion or delivered to a dealer or distributor upon

completion; or

(2) is owned or in possession of a dealer and is being

delivered to the second-stage manufacturer for completion

or is being transported back to the dealer upon completion.

(Aug. 5, 1991, P.L.238, No.26, eff. 120 days; July 6, 1995,

P.L.246, No.30, eff. 60 days)

Cross References. Section 1336.1 is referred to in section

1335 of this title.

§ 1336.2. Farm equipment dealer registration plates.

Upon submission of an application accompanied by the

appropriate fee and information on a farm equipment dealer that

a truck or truck tractor with a registered gross weight of

11,001 pounds or over is used solely in the business of the

dealer, the department shall issue a farm equipment dealer

registration plate for the vehicle.

(Aug. 5, 1991, P.L.238, No.26, eff. 120 days)

1991 Amendment. Act 26 added section 1336.2.

§ 1337. Use of "Miscellaneous Motor Vehicle Business"

registration plates.

(a) General rule.--The department shall issue to owners of

miscellaneous motor vehicle businesses with established places

of business special registration plates which may be displayed

on vehicles operated on highways in lieu of registering each

vehicle individually. Registration plates issued under this

section may be displayed upon vehicles only as provided for

each of the following classes of miscellaneous motor vehicle

business:

(1) For a repair or towing business:

(i) upon vehicles being used in the conduct of the

repair business to retrieve, tow or deliver other

vehicles or parts; and

(ii) upon vehicles being repaired.

(2) For a vehicle salvage dealer business:

(i) upon vehicles being used in the conduct of the

vehicle salvage dealer's business to retrieve or deliver

vehicles, vehicle hulks, parts or materials; and

(ii) upon vehicles being transported on their own

wheels for the purpose of being dismantled or recycled.

(3) For a transporter business upon vehicles being

transported on their own wheels in the conduct of the

transporter business.

(4) For a financier or collector-repossessor business:

(i) upon vehicles being used to pick up vehicles

that are being repossessed; and

(ii) upon vehicles being repossessed.

(5) For a watercraft trailer business:

(i) upon trailers used for the delivery of a new

boat to its purchaser;

(ii) upon trailers used for the transport of a used

boat which is to be resold by the dealer; and

(iii) upon trailers used for the transport of boats

by a dealer to or from another boat dealer, warehouse,

storage facility, boat show or repair facility or to and

from a location where a boat is to be demonstrated,

tested or inspected.

(6) For all classes of miscellaneous motor vehicle

businesses upon vehicles used for the personal pleasure or

use of the owner of the miscellaneous motor vehicle business

or members of the owner's immediate family, or when the

business is a corporation, upon vehicles used for the

pleasure or use of not more than three officers or members

of the officer's immediate family or for the personal use

of the regular employees of the business when operated by

the employee.

All vehicles specified in paragraphs (1)(i), (2)(i), (4)(i) and

(6) must be titled in the name of the business or family member

and sales tax must be paid.

(b) Application for registration.--Application for

registration in any of the "Miscellaneous Motor Vehicle

Business" classes shall be made upon a form provided by the

department and shall set forth the full name and business

address of the applicant and such other information as the

department shall require. The application shall be verified by

the oath or affirmation of the applicant or, if the applicant

is a partnership or a corporation, by a partner or officer.

(1) Repair or towing.--Any person regularly engaged in

the business of mechanical or body repairs or towing for

direct compensation of motor vehicles owned and operated by

other persons.

(2) Vehicle salvage dealer.--Any person regularly

engaged in the business of acquiring and dismantling used,

wrecked, damaged, abandoned or salvage vehicles for the

purpose of selling the usable parts and selling the remaining

vehicle hulk materials for recycling or processing.

(3) Transporter.--Any person regularly engaged in the

business of transporting new or used vehicles on their own

wheels, owned by or in possession of a manufacturer or

dealer.

(4) Financier or collector-repossessor.--Any person who

is duly authorized by the Department of Banking to do

business in this Commonwealth as a financier or

collector-repossessor and who is regularly engaged in the

business of financing sales, making loans on the security

of vehicles or repossessing vehicles which are the subject

of installment sales contracts as an independent contractor.

(5) Watercraft trailer dealer.--Any person regularly

engaged in the business of selling watercraft and trailers

used exclusively for the transport of the watercraft.

(July 20, 1979, P.L.168, No.55, eff. imd.; Feb. 10, 1994,

P.L.10, No.2, eff. 60 days)

Cross References. Section 1337 is referred to in sections

1162, 7301, 7302, 7322 of this title.

§ 1337.1. Fleet owner transporter registration plate.

(a) General rule.--The department shall issue to fleet

owners special registration plates which may be displayed on

passenger cars, trucks, truck tractors and trailers owned or

leased by the fleet owner in lieu of registering each vehicle

individually.

(b) Limitations on use of plates.--

(1) A registration plate issued under this section may

be displayed only on an unladen vehicle.

(2) A registration plate issued under this section may

be displayed only on a vehicle type for which it was

purchased, except that a plate issued for a truck or truck

tractor may be displayed on an unladen passenger car or an

unladen trailer. The weight limits for trucks, truck tractors

and trailers must conform to the weight limit for which the

registration plate was purchased.

(3) A vehicle bearing a registration plate issued under

this section may be used for any of the following:

(i) For transit of the vehicle to or from the place

where the vehicle is offered for sale.

(ii) For transit from the place where the vehicle

was purchased.

(iii) For transit to and from a location where the

vehicle is modified, completed or enhanced for a period

of not more than 30 days after the date of purchase.

(iv) For testing of the vehicle for a period of not

more than 30 days after the date of purchase.

(v) For repair, servicing or inspection of a vehicle

which is not normally operated on a highway.

a manner prescribed by the department indicating the vehicles

which displayed each registration plate issued under this

section. The records shall be open to inspection by department

representatives and any police officer.

(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days)

1992 Amendment. Act 174 added section 1337.1.

§ 1338. Person with disability plate and placard.

(a) Person with disability plate.--On the application of

any person who:

(1) is blind;

(2) does not have full use of an arm or both arms;

(3) cannot walk 200 feet without stopping to rest;

(4) cannot walk without the use of, or assistance from,

a brace, cane, crutch, another person, prosthetic device,

wheelchair or other assistive device;

(5) is restricted by lung disease to such an extent

that the person's forced (respiratory) expiratory volume for

one second, when measured by spirometry, is less than one

liter or the arterial oxygen tension is less than 60 mm/hg

on room air at rest;

(6) uses portable oxygen;

(7) has a cardiac condition to the extent that the

person's functional limitations are classified in severity

as Class III or Class IV according to the standards set by

the American Heart Association;

(8) is severely limited in his or her ability to walk

due to an arthritic, neurological or orthopedic condition;

(9) is a person in loco parentis of a person specified

in paragraph (1), (2), (3), (4), (5), (6), (7) or (8);

(10) is the parent, including adoptive parent or foster

parent, of a child or adult child provided that the person

has custody, care or control of the child or adult child and

the child or adult child satisfies paragraph (1), (2), (3),

(4), (5), (6), (7) or (8); or

(11) is the spouse of a person specified in paragraph

(1), (2), (3), (4), (5), (6), (7) or (8);

the department shall issue a special registration plate for one

passenger car or truck with a registered gross weight of not

more than 14,000 pounds, designating the vehicle so licensed

as being used by a person with a disability. Special plates for

persons with disabilities may also be issued for vehicles

operated exclusively for the use and benefit of persons with

disabilities. In the case of a motorcycle, the department shall

issue a decal containing the international symbol for access

for persons with disabilities for display on the registration

plate.

(b) Person with disability parking placard.--On the initial

application or renewal application of any person who meets the

qualifications of subsection (a), the department shall issue

one special parking placard of such size and design as the

department shall specify, designating the vehicle in which it

is displayed as being used for the transportation of persons

with disabilities. When parking the designated vehicle, the

person with disability parking placard shall be prominently

displayed in such a manner that it may be viewed from the front

and rear of the vehicle by hanging it from the front windshield

rearview mirror of a vehicle only when that vehicle is utilizing

a parking space reserved for persons with disabilities. When

there is no rearview mirror, or the placard is not designed in

such a manner to accommodate hanging from a rearview mirror,

the placard shall be displayed on the dashboard. Placards may

also be issued for use in vehicles when operated for the use

and benefit of persons with disabilities provided that a person

with a disability is being transported in the vehicle.

Organizations that transport persons with disabilities shall

upon application be issued not more than eight placards in the

organization's name. These placards may be used in a vehicle

of the organization or the personal vehicle of an employee or

volunteer of the organization when the employee or volunteer

operates the vehicle for the benefit and use of persons with

disabilities provided that a person with a disability is being

transported in the vehicle.

(1) Any person applying for a special plate or parking

placard for persons with disabilities must present a

statement, certified by a physician, podiatrist,

chiropractor, optometrist, physician assistant or certified

registered nurse practitioner licensed or certified to

practice in this Commonwealth or in a contiguous state, that

the person with a disability is disabled as provided in

subsection (a).

(2) Any person applying for a renewal of registration

of a special plate for persons with disabilities must comply

with this subsection. Once a person with a disability has

been duly certified by a physician, podiatrist, chiropractor,

optometrist, physician assistant or certified registered

nurse practitioner as being disabled, as provided in

subsection (a), the applicant need not submit a certification

for subsequent renewals of registration for a special plate

for persons with disabilities. A person who was issued a

person with disability plate under this section and no longer

qualifies for one shall not be charged a replacement fee for

a regular registration plate upon payment of the regular

registration fee.

(3) In lieu of a health care provider's statement, a

person applying for a special plate or parking placard may

present a statement from a police officer certifying that

the person does not have full use of a leg, or both legs,

or is blind.

(4) The department shall phase out existing handicapped

placards as soon as practicable and issue a new series to

persons who comply with this section.

(c.1) Return of plates and placard.--Upon the death of a

person to whom a plate or placard has been issued under this

section, the plate or placard shall be void 30 days after death

and shall not be displayed on any vehicle. The personal

representative of the deceased shall return the plate to the

department. If there is no personal representative, the spouse

or, if there is no spouse, the next of kin of the deceased shall

return the plate or placard to the department.

(c.2) Authorized use.--This section shall not preclude the

operation of a vehicle which bears a person with disability

plate when the vehicle is not being used for the benefit of the

person with a disability or when the person with a disability

is not present in the vehicle, provided the driver does not use

or attempt to use any special privilege or benefit otherwise

accorded to vehicles displaying the plate.

(d) Penalty.--Any person violating this section commits a

summary offense and shall, upon conviction, be sentenced to pay

a fine of not more than $100.

(e) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Chiropractor." A chiropractor acting within the scope of

practice contained in the act of December 16, 1986 (P.L.1646,

No.188), known as the Chiropractic Practice Act.

"Podiatrist." A podiatrist acting within the scope of

practice contained in the act of March 2, 1956 (1955 P.L.1206,

No.375), known as the Podiatry Practice Act.

(July 11, 1980, P.L.550, No.113, eff. 60 days; Oct. 10, 1980,

P.L.791, No.147, eff. imd.; May 9, 1986, P.L.158, No.51, eff.

60 days; Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; July

11, 1990, P.L.432, No.105, eff. 60 days; July 19, 1991, P.L.88,

No.20, eff. 90 days; Apr. 29, 1994, P.L.148, No.25, eff. imd.;

July 6, 1995, P.L.246, No.30, eff. 60 days; Dec. 15, 1995,

P.L.655, No.72, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151,

eff. 60 days; July 15, 2004, P.L.698, No.76, eff. 60 days; Dec

18, 2007, P.L.436, No.67, eff. 60 days; July 2, 2014, P.L.988,

No.109, eff. 60 days; June 23, 2016, P.L.390, No.55, eff. 60

days; Oct. 25, 2017, P.L.374, No.37, eff. 60 days)

2017 Amendment. Act 37 amended subsec. (c)(1) and (2).

2016 Amendment. Act 55 amended subsec. (a).

2004 Amendment. Section 2 of Act 76 provided that any

regulations of the Department of Transportation that are

inconsistent with Act 76 are hereby abrogated to the extent of

that inconsistency.

Cross References. Section 1338 is referred to in sections

1334, 1341.1, 1342, 3354 of this title.

§ 1339. Legislative plate.

Upon application by a member or retired member of the General

Assembly of the Commonwealth or the Congress of the United

States, the department may issue special registration plates

indicating that the vehicle is owned by a member or retired

member of the Pennsylvania or United States Senate or House of

Representatives, as appropriate.

(June 26, 2001, P.L.734, No.75, eff. 60 days)

§ 1340. Antique, classic and collectible plates.

(a) General rule.--Upon submission by a vehicle owner of

information satisfactory to the department that a motorcycle

or motor vehicle is an antique motorcycle or motor vehicle or

classic motorcycle or motor vehicle or collectible motorcycle

or motor vehicle, accompanied by the appropriate fee, the

department may issue special plates for the motorcycle or

vehicle. The special plate for antique motor vehicles, except

antique motorcycles, shall bear the designation "antique

vehicle." The applicant shall provide photographic proof in a

manner specified by the department to demonstrate the condition

of the motor vehicle. No annual registration fee may be charged

for antique, collectible or classic motorcycles or motor

vehicles. A holder of the special plates may obtain replacement

plates bearing the designation "antique vehicle" upon payment

of the appropriate fee.

(a.1) Vintage registration plates.--In lieu of a special

plate issued under subsection (a), the owner of an antique or

classic motor vehicle may request permission from the department

to display a vintage registration plate from the model year of

the motor vehicle. The vintage registration plate shall be:

(1) Provided by the motor vehicle owner.

(2) A Pennsylvania registration plate issued between

the years 1906 and 1976.

(3) Legible from a reasonable distance.

The applicant shall provide information as the department may

require for processing the request and a $75 application fee.

The department may deny a request to use a vintage registration

plate for cause.

(a.2) Historic military vehicle plates.--In lieu of a

special plate issued under subsection (a), the owner of a

historic military vehicle may be issued by the department

special plates for the vehicle which shall have the same force

and effect as antique or classic registration plates. The

applicant shall provide information as the department may

require for processing the request and a $75 application fee.

(b) Use of plates.--It is unlawful for any person to operate

a motorcycle or vehicle with antique, classic, vintage,

collectible or historic military vehicle registration plates

for general daily transportation. Permitted use shall be limited

to participation in club activities, exhibits, tours, parades,

occasional transportation and similar uses. Occasional

transportation shall mean no more than one day per week.

military vehicle" means an antique or classic vehicle, including

a trailer, that was manufactured for use in any country's

military forces and is maintained to represent the vehicle's

military design and markings accurately.

(May 30, 1990, P.L.173, No.42, eff. 60 days; Apr. 29, 1994,

P.L.148, No.25, eff. 60 days; Dec. 20, 1995, P.L.669, No.75,

eff. 120 days; Dec. 1, 2004, P.L.1767, No.228, eff. 60 days;

Apr. 12, 2012, P.L.227, No.25, eff. 120 days; July 2, 2014,

P.L.988, No.109, eff. 60 days; Oct. 24, 2018, P.L.645, No.91,

eff. 120 days)

2018 Amendment. Act 91 amended subsec. (b) and added

subsecs. (a.2) and (c).

2014 Amendment. Act 109 amended subsec. (a.1)(2).

Cross References. Section 1340 is referred to in sections

102, 1786, 4703 of this title.

§ 1340.1. Street rod plate.

Upon submission by a vehicle owner of information

satisfactory to the department that a motor vehicle is a street

rod, accompanied by the appropriate fee, the department shall

issue special plates for the vehicle which shall have the same

force and effect as regular registration plates. The applicant

shall comply with all laws and regulations pertaining to

registration including the payment of any additional fees.

(July 10, 1981, P.L.250, No.82, eff. imd.)

1981 Amendment. Act 82 added section 1340.1.

§ 1341. Special registration plates.

(a) General rule.--Upon request by the applicant, the

department may issue registration plates consisting of any

combination of numbers, letters or numbers and letters. They

shall have the same force and effect as regular registration

plates. The department may refuse any combination of letters

and numbers for cause and shall adopt reasonable rules and

regulations for the issuance of the plates and for carrying out

the provisions of this section. The applicant shall comply with

all laws and regulations pertaining to registration including

the payment of any additional fees.

(b) Personal registration plates.--Upon request by the

applicant, the department is authorized to issue personal

registration plates. The department is authorized to reissue a

combination of numbers or letters for a personal plate if the

department records reveal that no activity, such as renewal or

transfer of the personal registration plate, has occurred for

a period of five or more consecutive years and provided that

the personal registration plate was never reported as lost or

stolen. Whenever the department reissues an inactive personal

plate, the department may purge its records of all references

to the previous owners of that personal plate. The department

shall, however, note upon its records the reissuance of the

personal plate and to whom the plate was issued. A personal

registration plate may be used only on a passenger car or truck,

with a registered gross weight of not more than 14,000 pounds,

motorcycle, trailer or motor home.

applicant, the department is authorized to issue organization

registration plates. Organization registration plates may be

issued for special groups or for special purposes and bear an

appropriate designation. Special groups may charge an initial

fee for authorization to request a registration plate bearing

the name of the group or an abbreviation of the group name

desired by the organization and as approved by the department.

Special groups with more than 2,000 organization registration

plates may charge a renewal fee for authorization to renew a

registration plate bearing the name of the group. The imposition

or collection of initial or renewal fees for authorization to

request or continue use of a special group's plate is at the

special group's discretion and does not require any action by

the department. If the vehicle is licensed to a business that

is not a member of the special group, the department shall issue

the plate as long as the business owner or officer making

application is a member of that group. An organization

registration plate may be used only on a passenger car or truck,

with a registered gross weight of not more than 14,000 pounds,

trailer, motorcycle or motor home.

(Apr. 29, 1994, P.L.148, No.25, eff. imd.; June 26, 2001,

P.L.734, No.75, eff. 60 days; Nov. 29, 2006, P.L.1449, No.159,

eff. 60 days; Dec. 18, 2007, P.L.436, No.67, eff. 60 days; Mar.

19, 2014, P.L.361, No.23, eff. 120 days; Oct. 24, 2018, P.L.645,

No.91, eff. 120 days)

2018 Amendment. Act 91 amended subsec. (c).

Cross References. Section 1341 is referred to in sections

1333, 1786 of this title.

§ 1341.1. Personal organization registration plates.

(a) General rule.--The department may, upon application of

any person and upon payment of the additional fee under this

section, issue a personal organization registration plate to

applicants for special registration plates authorized in this

chapter.

(b) Additional fee.--

(1) The department shall collect an additional fee of

$100 for personal organization registration plates issued

under subsection (a).

(2) For any personal plate issued under sections 1338

(relating to person with disability plate and placard) and

1342 (relating to veteran plates and placard), the department

shall collect only an additional fee of $50.

(Mar. 19, 2014, P.L.361, No.23, eff. 120 days)

2014 Amendment. Act 23 added section 1341.1.

§ 1342. Veteran plates and placard.

(a) Severely disabled veteran plate.--On the application

of a veteran whose service-connected disability is certified

at 100% by the service unit of the armed forces in which the

veteran served or by the United States Veterans' Administration

or who has a service-connected disability of the type enumerated

in section 1338 (relating to person with disability plate and

placard), the department shall issue a special registration

plate designating the vehicle as belonging to a severely

disabled veteran. The registration plate shall have a white

background, shall have blue numbers or letters as the department

may determine, shall have the words "disabled veteran" in at

least ten-point bold type inscribed in red at the bottom of the

plate and shall include the international symbol for access for

persons with disabilities. A special registration plate issued

to a veteran under this section may be used only on a passenger

car or truck with a registered gross weight of not more than

14,000 pounds. In the case of a motorcycle, the department shall

issue a decal containing the international symbol for access

for persons with disabilities and the words "disabled veteran"

for display on the registration plate.

(b) Severely disabled veteran placard.--On the application

of any person who meets the qualifications of subsection (a),

the department shall issue one special parking placard of such

size and design as the department shall specify, designating

the vehicle in which it is displayed as being used for the

transportation of a severely disabled veteran. When parking the

designated vehicle, the severely disabled veteran parking

placard shall be prominently displayed so that it may be viewed

from the front and rear of the vehicle by hanging it from the

front windshield rearview mirror of a vehicle only when that

vehicle is utilizing a parking space reserved for persons with

disabilities. When there is no rearview mirror, or the placard

is not designed in such a manner to accommodate hanging from a

rearview mirror, the placard shall be prominently displayed on

the dashboard of the vehicle when it is in use for the

transportation of such severely disabled veteran. Placards may

also be issued for use in vehicles when operated for the use

and benefit of severely disabled veterans provided that a

severely disabled veteran is being transported in the vehicle.

veteran having a disability certified by the service unit of

the armed forces in which the veteran served or by the United

States Veterans' Administration as service-connected, the

department shall issue a special registration plate designating

the vehicle as belonging to a disabled veteran. The registration

plate shall have a white background, shall have numbers or

letters as the department may determine and shall have the words

"disabled veteran" in at least ten-point bold type inscribed

at the bottom of the plate. A special registration plate issued

to a veteran under this section may be used only on a passenger

car or truck with a registered gross weight of not more than

14,000 pounds.

(d) Prisoner of war plate.--On the application of an

ex-prisoner of war whose imprisonment while in the service of

the armed forces of the United States is certified by the

appropriate branch of the armed forces, the department shall

issue a special registration plate designating the vehicle as

belonging to an ex-prisoner of war. The registration plate shall

contain the letters "POW" and such other numbers or letters as

the department may determine and shall have the words "prisoner

of war" in at least ten-point bold type inscribed at the bottom

of the plate. A special registration plate issued to an

ex-prisoner of war under this subsection may be used only on a

passenger car or truck with a registered gross weight of not

more than 14,000 pounds.

(e) Documentation of eligibility.--The department may

require current holders of disabled veteran registration plates

and placards to provide documentation of their eligibility under

this section where current documentation is not sufficient.

(f) Return of plates and placard.--Upon the death of a

veteran to whom a severely disabled veteran plate or placard

has been issued under this section, the severely disabled

veteran plate or placard shall be void 30 days after death and

shall not be displayed on any vehicle. The personal

representative of the deceased shall return the plate to the

department. If there is no personal representative, the spouse

or, if there is no spouse, the next of kin of the deceased shall

return the plate or placard to the department.

(July 11, 1980, P.L.550, No.113, eff. 60 days; July 10, 1981,

P.L.250, No.82, eff. imd.; May 9, 1986, P.L.158, No.51, eff.

60 days; Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; Apr.

29, 1994, P.L.148, No.25, eff. imd.; Dec. 15, 1995, P.L.655,

No.72, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60

days; Dec. 18, 2007, P.L.436, No.67, eff. 60 days; July 2, 2014,

P.L.988, No.109, eff. 60 days)

2014 Amendment. Act 109 amended subsecs. (a), (c) and (d).

1998 Amendment. Act 151 amended subsecs. (a), (b), (c) and

(d).

1995 Amendment. Act 72 added subsec. (f).

Cross References. Section 1342 is referred to in sections

1333, 1341.1, 1346, 3354 of this title.

§ 1343. Use of school bus or school vehicle plates.

(a) General rule.--A motor vehicle bearing school bus or

school vehicle registration plates shall be used exclusively

for the transportation of children and their chaperons to or

from public, private, parochial or Sunday school or in

connection with any public, private, parochial or Sunday

school-related activity. Each school district shall adopt

regulations regarding the number of chaperons to accompany

students in connection with these activities. Except when

transporting children to and from public, private, parochial

or Sunday school or public, private, parochial or Sunday

school-related activities, the words "school bus" on the front

and rear of the vehicle shall be concealed and the red and amber

visual signals shall not be operable.

(b) Penalty.--Any person violating this section is guilty

of a summary offense and shall, upon conviction, be sentenced

to pay a fine of $25.

(Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; Dec. 18, 1992,

P.L.1411, No.174, eff. 60 days)

§ 1344. Use of farm vehicle plates.

(a) General rule.--A truck or truck tractor bearing farm

vehicle registration plates shall be used exclusively upon a

farm or farms owned or operated by the registrant of the vehicle

or upon highways between:

(1) Parts of one such farm.

(2) Such farms.

(3) Such a farm or farms and a place of business or

place of residence for the purpose of buying or selling

agricultural commodities or supplies, regardless of whether

the vehicle is operated by the registrant of the vehicle or

an employee of the registrant of the vehicle.

(4) Such place of business, if transported to the place

of business pursuant to paragraph (3) and the place of

delivery of the agricultural commodities, provided that:

(i) delivery is made pursuant to the sale of the

commodities by the registrant of the vehicle, by an

employee of the vehicle registrant or by an auctioneer;

and

(ii) if transported to the place of business

pursuant to paragraph (3), delivery is made by the same

vehicle of the registrant which transported the

commodities to the place of business.

(5) Such farm or farms and a department site for the

examination of an applicant for a driver's license.

(6) Such farm or farms and a place of business for the

inspection, repair or servicing of the vehicle.

(b) Penalty.--Any person violating this section is guilty

of a summary offense and shall, upon conviction, be sentenced

to pay a fine of $50 and shall, upon conviction for a second

or subsequent offense, be sentenced to pay a fine of $200.

(July 20, 1979, P.L.168, No.55, eff. imd.; Nov. 23, 1987,

P.L.399, No.82, eff. 60 days; May 20, 1993, P.L.30, No.10, eff.

60 days; July 8, 2024, P.L. , No.51, eff. 60 days)

2024 Amendment. Act 51 amended subsec. (a)(3).

1993 Amendment. Act 10 amended the section heading and

subsec. (a).

Cross References. Section 1344 is referred to in section

2105 of this title.

§ 1344.1. Use of farm equipment dealer registration plates.

A truck or truck tractor bearing farm equipment dealer

registration plates shall be used solely in the business of the

dealer and operated exclusively by the dealership or its

employees only when the vehicle is used:

(1) for delivering farm equipment to a farm for the

purpose of sale, demonstration, loaning to customers whose

farm equipment is being repaired or loaning to prospective

purchasers;

(2) for pickup of new farm equipment from the

manufacturer or distributor;

(3) for pickup of used farm equipment for the purpose

of resale; or

(4) for inspection, repair or servicing the vehicle.

(Aug. 5, 1991, P.L.238, No.26, eff. 120 days)

1991 Amendment. Act 26 added section 1344.1.

§ 1345. Special plates for recipients of the Medal of Honor.

Upon application of any person who is a recipient of the

Medal of Honor, the department shall issue to such person a

special registration plate designating the vehicle so licensed

as belonging to a person who is a recipient of the Medal of

Honor. The plate shall have a light blue background interspersed

with 13 white stars. The center of the plate shall bear a golden

bronze replica of the appropriate medal. The initials of each

recipient shall be embossed in red to the left of the medal and

the letters "CMH" (for Congressional Medal of Honor) shall be

embossed in red to the right of the medal.

(Nov. 23, 1982, P.L.689, No.197, eff. 60 days)

1982 Amendment. Act 197 added section 1345.

Cross References. Section 1345 is referred to in section

1333 of this title.

§ 1346. Special plates for recipients of Purple Heart.

Upon application of any person who is a recipient of the

Purple Heart, the department shall issue to such person a

special registration plate designating the vehicle so licensed

as belonging to a person who is a recipient of the Purple Heart.

A severely disabled veteran, as described in section 1342(a)

(relating to veteran plates and placard), who is qualified to

receive a plate under this section may also elect to receive a

placard under section 1342(b). The special registration plate

may be used only on a passenger car, motorcycle or truck with

a registered gross weight of not more than 14,000 pounds.

(June 12, 1986, P.L.252, No.65, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; Dec. 18, 2007, P.L.436, No.67,

eff. 60 days; July 2, 2014, P.L.988, No.109, eff. 60 days; Oct.

24, 2018, P.L.705, No.108, eff. 120 days)

Cross References. Section 1346 is referred to in section

1333 of this title.

§ 1347. Hearing impaired plates.

On the application of any person with a hearing impairment,

verified by a licensed physician and accompanied by the

appropriate fee, the department shall issue to that person a

special registration plate designating the vehicle as belonging

to a person who has a hearing impairment, which plate shall

have the same effect as a regular registration plate.

(Dec. 11, 1986, P.L.1530, No.166, eff. 60 days)

1986 Amendment. Act 166 added section 1347.

§ 1348. Special plates for Pearl Harbor survivors.

Upon application of any person who is a survivor of Pearl

Harbor, accompanied by a fee of $20 which shall be in addition

to the annual registration fee and by such documentation as the

department shall require, the department shall issue to such

person a special registration plate designating the vehicle so

licensed as belonging to a person who is a survivor of Pearl

Harbor. The special registration plate may be used only on a

passenger car or truck with a registered gross weight of not

more than 14,000 pounds.

(July 10, 1990, P.L.356, No.83, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; Dec. 18, 2007, P.L.436, No.67,

eff. 60 days; July 2, 2014, P.L.988, No.109, eff. 60 days)

Cross References. Section 1348 is referred to in section

1333 of this title.

§ 1349. Circus or carnival plates.

Upon submission by a truck or truck tractor owner of

information to the department that a truck or truck tractor is

used exclusively for the purpose of transportation of circus

or carnival personnel or equipment or machinery and only so

used during the period from April 1 through September 30 of any

year, the department may issue special plates for the vehicle.

The registration fee for the truck or truck tractor shall be

one-half the fee for a similar truck or truck tractor not used

for the purposes described in this section.

(July 10, 1990, P.L.356, No.83, eff. 180 days)

1990 Amendment. Act 83 added section 1349.

§ 1350. Special plates for veterans of Korean War.

Upon application of any person who is a veteran of the Korean

War, accompanied by a fee of $20, which shall be in addition

to the annual registration fee, and by such documentation as

the department shall require, the department shall issue to the

person a special registration plate designating the vehicle so

licensed as belonging to a person who is a veteran of the Korean

War. The special registration plate may be used only on a

passenger car or truck with a registered gross weight of not

more than 14,000 pounds.

(Nov. 24, 1992, P.L.702, No.105, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; Dec. 18, 2007, P.L.436, No.67,

eff. 60 days; July 2, 2014, P.L.988, No.109, eff. 60 days)

Cross References. Section 1350 is referred to in section

1333 of this title.

§ 1350.1. Special plates for recipients of Korean Defense

Service Medal.

Upon application of any person who is a recipient of the

Korean Defense Service Medal, accompanied by a fee of $20 which

shall be in addition to the annual registration fee and by such

documentation as the department shall require, the department

shall issue to the person a special registration plate

designating the vehicle so licensed as belonging to a person

who is a recipient of the Korean Defense Service Medal. The

department shall design and produce the special registration

plate. The special registration plate may be used only on a

passenger car or truck with a registered gross weight of not

more than 14,000 pounds.

(July 7, 2006, P.L.389, No.82, eff. 60 days; July 2, 2014,

P.L.988, No.109, eff. 60 days)

Cross References. Section 1350.1 is referred to in section

1333 of this title.

§ 1351. Special plates for veterans of Persian Gulf War.

Upon application of any person who is a veteran of the

Persian Gulf War, accompanied by a fee of $20, which shall be

in addition to the annual registration fee, and by such

documentation as the department shall require, the department

shall issue to the person a special registration plate

designating the vehicle so licensed as belonging to a person

who is a veteran of the Persian Gulf War. The special

registration plate may be used only on a passenger car or truck

with a registered gross weight of not more than 14,000 pounds.

(Nov. 24, 1992, P.L.702, No.105, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; Dec. 18, 2007, P.L.436, No.67,

eff. 60 days; July 2, 2014, P.L.988, No.109, eff. 60 days)

Cross References. Section 1351 is referred to in section

1333 of this title.

§ 1352. Wild resource conservation plate.

The department, in consultation with the Wild Resource

Conservation Board, shall design a special wild resource

conservation registration plate. Upon application of any person,

accompanied by a fee of $35 which shall be in addition to the

annual registration fee, the department shall issue the plate

for a passenger car, motor home, trailer or truck with a

registered gross weight of not more than 14,000 pounds. The

Wild Resource Conservation Fund shall receive $15 of each

additional fee for this plate.

(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days; Dec. 7, 1994,

P.L.820, No.115, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151,

eff. 60 days; Dec. 18, 2007, P.L.436, No.67, eff. 60 days; July

2, 2014, P.L.988, No.109, eff. 60 days)

§ 1352.1. Appalachian Trail organization registration plates.

(a) General rule.--The department, in consultation with the

Appalachian Trail Conservancy, shall design a special

Appalachian Trail organization registration plate. The plate,

at a minimum, shall contain the image of a hiker and the

Appalachian Trail Conservancy logo and distinctive coloring.

The Appalachian Trail Conservancy may charge a fee for the

authorization to request the registration plate. Upon request

by the applicant, the department shall issue the plate for a

passenger car or truck with a registered gross weight of not

more than 14,000 pounds or a motor home. The fee provided under

section 1931(b) (relating to personal and organization

registration plates) shall apply.

(b) Proceeds.--It is the intent of the General Assembly

that proceeds received by the Appalachian Trail Conservancy

under this section are to be used exclusively for trail

maintenance and improvement.

(Mar. 19, 2014, P.L.361, No.23, eff. 120 days; July 2, 2014,

P.L.988, No.109, eff. imd.)

2014 Amendments. Act 23 added section 1352.1 and Act 109

amended subsec. (a).

§ 1352.2. Pollinator conservation registration plate.

The department, in consultation with the Department of

Agriculture, shall design a special pollinator conservation

registration plate. Upon application of any person, accompanied

by a fee of $38 which shall be in addition to the registration

fee, the department shall issue the plate for a passenger car,

motor home, trailer or truck with a registered gross weight of

not more than 14,000 pounds. The Pollinator Habitat Program

Fund shall receive $25 of the fee paid by the applicant for the

plate.

(Nov. 3, 2022, P.L.1734, No.112, eff. 120 days)

2022 Amendment. Act 112 added section 1352.2.

Cross References. Section 1352.2 is referred to in section

1905 of this title.

§ 1353. Preserve our heritage registration plate.

The department, in consultation with the Pennsylvania

Historical and Museum Commission, shall design a special

preserve our heritage registration plate. Upon receipt of an

application, accompanied by a fee of $54 which shall be in

addition to the annual registration fee, the department shall

issue the plate for a passenger car, motor home, trailer or

truck with a registered gross weight of not more than 14,000

pounds. The Historical Preservation Fund shall receive $23 of

each additional fee for this plate.

(Dec. 28, 1994, P.L.1441, No.170, eff. 120 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; Dec. 18, 2007, P.L.436, No.67,

eff. 60 days; Nov. 25, 2013, P.L.974, No.89, eff. July 1, 2014;

July 2, 2014, P.L.988, No.109, eff. 60 days)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

§ 1353.1. Pennsylvania monument registration plate.

(a) Design.--The department shall design a Pennsylvania

monument registration plate which shall have a replica of the

Pennsylvania Memorial Monument at the Gettysburg National

Military Park and shall display the words "Gettysburg 1863."

(b) Application.--Upon application of any person,

accompanied by a fee of $54 which shall be in addition to the

annual registration fee, the department shall issue the

registration plate under subsection (a) for a passenger car,

motor home, trailer or truck with a registered gross weight of

not more than 14,000 pounds.

Memorial Trust Fund shall receive $23 of the fee paid by the

applicant for the registration plate under subsection (a).

(d) Use of proceeds.--Proceeds under subsection (c) shall

be used exclusively to provide grants to nonprofit organizations

for the cleaning, repair and restoration of Pennsylvania

monuments and memorials by the Gettysburg National Military

Park. A grant under this subsection may not be used to pay for

the cost of cleaning, repair or restoration of the grounds

surrounding a Pennsylvania monument or memorial.

(July 2, 2014, P.L.988, No.109, eff. 120 days; June 28, 2018,

P.L.432, No.64, eff. 60 days)

2018 Amendment. Act 64 amended subsecs. (c) and (d).

2014 Amendment. Act 109 added section 1353.1.

§ 1354. Flagship Niagara commemorative registration plate

(Repealed).

2013 Repeal. Section 1354 was repealed November 25, 2013,

P.L.974, No.89, effective in 60 days.

§ 1354.1. United States Olympic plate.

(a) General rule.--The department, in consultation with the

United States Olympic Committee or its designees, shall design

a special United States Olympic registration plate, which shall

display the official United States Olympic Committee logo and

wording, which indicates support for the advancement of

excellence in amateur athletic competition in this Commonwealth.

The United States Olympic Committee may charge a fee for the

authorization to request the registration plate. Upon request

by the applicant, the department shall issue the plate for a

passenger car or truck with a registered gross weight of not

more than 14,000 pounds or a motor home. The fee provided under

section 1931(b) (relating to personal and organization

registration plates) shall apply.

(b) Proceeds.--It is the intent of the General Assembly

that proceeds received by the United States Olympic Committee

under this section are to be used exclusively to provide funding

to one or more nonprofit organizations, as defined under section

501(c)(3) of the Internal Revenue Code of 1986 (Public Law

99-514, 26 U.S.C. § 501(c)(3)), in this Commonwealth that focus

on the advancement of excellence in amateur athletics.

(July 2, 2014, P.L.988, No.109, eff. 120 days)

2014 Amendment. Act 109 added section 1354.1.

§ 1355. Zoological plate.

The department, in consultation with the Pennsylvania

Zoological Council, shall design a special zoological

registration plate. Upon application of any person, accompanied

by a fee of $54 which shall be in addition to the annual

registration fee, the department shall issue the plate for a

passenger car, motor home, trailer or truck with a registered

gross weight of not more than 14,000 pounds. The Zoological

Enhancement Fund shall receive $23 of the fee paid by the

applicant for the plate.

(Dec. 28, 1994, P.L.1441, No.170, eff. 60 days; Dec. 28, 1994,

P.L.1450, No.172, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151,

eff. 60 days; Dec. 18, 2007, P.L.436, No.67, eff. 60 days; Nov.

25, 2013, P.L.974, No.89, eff. July 1, 2014; July 2, 2014,

P.L.988, No.109, eff. 60 days)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

Cross References. Section 1355 is referred to in section

1905 of this title.

§ 1355.1. Pennsylvania Hunting Heritage registration plates.

(a) General rule.--The department, in consultation with the

Pennsylvania Game Commission, shall design a special

Pennsylvania Hunting Heritage registration plate. The

Pennsylvania Game Commission shall charge a fee for the

authorization to request the registration plate. Upon request

by the applicant, the department shall issue the plate for a

passenger car or truck with a registered gross weight of not

more than 14,000 pounds or a motor home. The fee provided under

section 1931(b) (relating to personal and organization

registration plates) shall apply.

(b) Proceeds.--Proceeds received by the Pennsylvania Game

Commission under this section are to be used as follows:

(1) Thirty-three percent shall be allocated to nonprofit

organizations that coordinate the processing and distribution

of donated wild game from hunters and municipal herd

reduction sources to Pennsylvania residents through a

distribution network of food banks in this Commonwealth.

(2) Sixty-seven percent shall be allocated as grants

to nonprofit sportsmen's clubs and organizations to conduct

activities that promote sport hunting, youth hunter education

or the conservation and enhancement of game species in this

Commonwealth for current and future generations of hunters.

funding under this section for salaries or administrative

expenses.

(d) Expenditures.--Estimates of amounts to be expended under

this subsection shall be submitted to the Governor by the

Pennsylvania Game Commission for approval by the Governor.

(July 2, 2014, P.L.988, No.109, eff. 120 days)

2014 Amendment. Act 109 added section 1355.1.

§ 1355.2. Pennsylvania Sportsman plate.

(a) Design.--No later than 60 days after the effective date

of this section, the department, in consultation with the

Pennsylvania Game Commission and the Pennsylvania Fish and Boat

Commission, shall design a special Pennsylvania Sportsman

registration plate.

(b) Application.--Upon application by any person and payment

of a $40 fee, which shall be in addition to the registration

fee, the department shall issue a Pennsylvania Sportsman

registration plate to the person.

plate may be used only on a passenger car or truck with a

registered gross weight of not more than 14,000 pounds.

(d) Youth Hunting and Fishing Restricted Account.--

(1) The Youth Hunting and Fishing Restricted Account

is established in the State Treasury. The money in the

restricted account is appropriated on a continuing basis to

the Pennsylvania Game Commission and Pennsylvania Fish and

Boat Commission as provided under this subsection.

(2) The sum of $14 of each fee collected under

subsection (b) shall be deposited in the Youth Hunting and

Fishing Restricted Account.

(3) The money in the Youth Hunting and Fishing

Restricted Account shall be allocated as follows:

(i) Fifty percent of the money in the restricted

account shall be allocated to the Pennsylvania Game

Commission for the purpose of conducting activities that

promote youth hunter education.

(ii) Fifty percent of the money in the restricted

account shall be allocated to the Pennsylvania Fish and

Boat Commission for the purpose of conducting activities

that promote youth fishing education.

(4) The Pennsylvania Game Commission and the

Pennsylvania Fish and Boat Commission may not use money

allocated to them under this subsection for salaries or

administrative expenses.

(July 8, 2024, P.L. , No.51, eff. imd.)

2024 Amendment. Act 51 added section 1355.2.

§ 1356. Special plates for recipients of Expeditionary Forces

Medal.

Upon application of any person who is a recipient of the

Expeditionary Forces Medal, accompanied by a fee of $20 which

shall be in addition to the registration fee and by such

documentation as the department shall require, the department

shall issue to such person a special registration plate

designating the vehicle so registered as belonging to a person

who is a recipient of the Expeditionary Forces Medal, except

as provided under section 1356.1 (relating to special plates

for recipients of Global War on Terrorism Expeditionary Medal).

The special registration plate may be used only on a passenger

car or truck with a registered gross weight of not more than

14,000 pounds. The special registration plate shall bear the

Expeditionary Forces Medal.

(Dec. 28, 1994, P.L.1450, No.172, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; Dec. 18, 2007, P.L.436, No.67,

eff. 60 days; July 2, 2014, P.L.988, No.109, eff. 60 days; July

15, 2024, P.L. , No.60, eff. 120 days)

Cross References. Section 1356 is referred to in section

1333 of this title.

§ 1356.1. Special plates for recipients of Global War on

Terrorism Expeditionary Medal.

Upon application of any person who is a recipient of the

Global War on Terrorism Expeditionary Medal, accompanied by a

fee of $26 which shall be in addition to the registration fee

and any documentation the department requires, the department

shall issue to the person a special registration plate

designating the vehicle licensed as belonging to a person who

is a recipient of the Global War on Terrorism Expeditionary

Medal. The special registration plate may be used only on a

passenger car or truck with a registered gross weight of not

more than 14,000 pounds. The special registration plate shall

bear the Global War on Terrorism Expeditionary Medal.

(July 15, 2024, P.L. , No.60, eff. 120 days)

2024 Amendment. Act 60 added section 1356.1.

Cross References. Section 1356.1 is referred to in section

1356 of this title.

§ 1357. Special plates for World War II veterans.

Upon application of any person who is a veteran of World War

II, accompanied by a fee of $20 which shall be in addition to

the annual registration fee and by such documentation as the

department shall require, the department shall issue to such

person a special registration plate carrying the symbol of a

ruptured duck designating the vehicle so registered as belonging

to a person who is a veteran of World War II. The special

registration plate may be used only on a passenger car or truck

with a registered gross weight of not more than 14,000 pounds.

(Dec. 28, 1994, P.L.1450, No.172, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; Dec. 18, 2007, P.L.436, No.67,

eff. 60 days; July 2, 2014, P.L.988, No.109, eff. 60 days)

Cross References. Section 1357 is referred to in section

1333 of this title.

§ 1357.1. Special plates for individuals in the service of the

United States Merchant Marine.

Upon application of any person who was in the service of the

United States Merchant Marine during World War II, the Korean

War, the Vietnam Conflict or any of the Gulf Wars, including

Operation Desert Storm, Operation Iraqi Freedom and Operation

Desert Shield, accompanied by a fee of $20 which shall be in

addition to the annual registration fee and by such

documentation as the department shall require, the department

shall issue to the person a special registration plate

designating the vehicle so licensed as belonging to a person

who was in the service of the United States Merchant Marine

during World War II, the Korean War, the Vietnam Conflict or

any of the Gulf Wars, including Operation Desert Storm,

Operation Iraqi Freedom and Operation Desert Shield. The special

registration plate may be used only on a passenger car or truck

with a registered gross weight of not more than 14,000 pounds.

(Oct. 24, 2012, P.L.1282, No.158, eff. 180 days; July 2, 2014,

P.L.988, No.109, eff. 120 days)

Cross References. Section 1357.1 is referred to in section

1333 of this title.

§ 1358. DARE plate (Repealed).

2014 Repeal. Section 1358 was repealed April 7, 2014,

P.L.381, No.27, effective in 60 days.

§ 1358.1. Share the Road plate.

The department shall design a Share the Road registration

plate. Upon application of any person, accompanied by a fee of

$40, which shall be in addition to the registration fee, the

department shall issue the plate for a passenger car or truck

with a registered gross weight of not more than 14,000 pounds

or a motor home. The fee shall be used exclusively to maintain

the department's central office position of Bicycle and

Pedestrian Coordinator and to fund highway pedalcycle signage

approved by the department.

(June 8, 2016, P.L.257, No.36, eff. 60 days)

2016 Amendment. Act 36 added section 1358.1. The preamble

of Act 36 provided that Act 36 shall be known and may be cited

as the Dave Bachman Act.

§ 1358.2. Distracted Driving Awareness plate.

(a) Distracted Driving Awareness plate.--The department

shall design a Distracted Driving Awareness registration plate.

Upon application of any person, accompanied by a fee of $40,

which shall be in addition to the registration fee, the

department shall issue the plate for a motorcycle and a

passenger car or truck with a registered gross weight of not

more than 14,000 pounds or a motor home. The fee shall be used

exclusively to advance public education and outreach on the

dangers posed by distracted driving, at the department's

discretion.

(b) Expiration.--(Deleted by amendment).

(Oct. 24, 2018, P.L.645, No.91, eff. 120 days; July 15, 2024,

P.L. , No.60, eff. imd.)

2024 Amendment. Act 60 deleted subsec. (b).

2018 Amendment. Act 91 added section 1358.2.

§ 1359. Special plates for steelworkers.

(a) General rule.--Upon application of any person who is a

steelworker, accompanied by a fee of $20 which shall be in

addition to the annual registration fee and by such

documentation as the department shall require, the department

shall issue to such person a special registration plate

designating the vehicle so licensed as belonging to a person

who is a steelworker. The special registration plate may be

used only on a passenger car or a truck with a registered gross

weight of not more than 14,000 pounds. The plate shall bear the

likeness of the official emblem of the American Iron and Steel

Institute.

(b) Definition.--As used in this section, the term

"steelworker" means a person currently or formerly employed in

the manufacture of steel or a surviving member of the

steelworker's family.

(July 11, 1996, P.L.660, No.115, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; Dec. 18, 2007, P.L.436, No.67,

eff. 60 days; July 2, 2014, P.L.988, No.109, eff. 60 days)

2014 Amendment. Act 109 amended subsec. (a).

1996 Amendment. Act 115 added section 1359.

§ 1360. Special plates for veterans of Vietnam Conflict.

Upon application of any person who is a veteran of the

Vietnam Conflict as that term is defined for the awarding of

the Vietnam Service Medal, accompanied by a fee of $20 in

addition to the annual registration fee and by such

documentation as the department shall require, the department

shall issue to the person a special registration plate

designating the vehicle so licensed as belonging to a person

who is a veteran of the Vietnam Conflict. The special

registration plate may be used only on a passenger car or truck

with a registered gross weight of not more than 14,000 pounds.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Dec. 18, 2007,

P.L.436, No.67, eff. 60 days; July 2, 2014, P.L.988, No.109,

eff. 60 days)

Cross References. Section 1360 is referred to in section

1333 of this title.

§ 1361. Special motorcycle plates related to veterans.

(a) Veterans.--Upon application of any person who is a

veteran as defined under 51 Pa.C.S. § 7101.2 (relating to

definitions), accompanied by a fee of $26 which shall be in

addition to the registration fee and by such documentation as

the department shall require, the department shall issue to the

person a special registration plate designating the vehicle as

belonging to a person who is a veteran. The special registration

plate may be used only on a motorcycle.

(a.1) Women veterans.--Upon application of any woman who

is a veteran as defined under 51 Pa.C.S. § 7101.2, accompanied

by a fee of $26 which shall be in addition to the registration

fee and by such documentation as the department shall require,

the department shall issue to the person a special registration

plate designating the vehicle as belonging to a person who is

a woman veteran. The special registration plate may be used

only on a motorcycle.

(b) Honoring our veterans.--Upon application of any person,

accompanied by a fee of $41 which shall be in addition to the

registration fee and by such documentation as the department

shall require, the department shall issue to the person a

special registration plate designating the motorcycle as

belonging to a person who is honoring veterans of the armed

forces of the United States. The special registration plate may

be used only on a motorcycle. The Veterans' Trust Fund shall

receive $15 of the fee paid by the applicant for the plate.

person, accompanied by a fee of $41, which shall be in addition

to the registration fee and by such documentation as the

department shall require, the department shall issue to the

person a special registration plate designating the vehicle as

belonging to a person who is honoring women veterans of the

armed forces of the United States. The special registration

plate may be used only on a motorcycle. The Veterans' Trust

Fund shall receive $15 of the fee paid by the applicant for the

plate. The portion of the fee transferred to the Veterans' Trust

Fund under this subsection shall be used for programs and

resources that assist women veterans.§ 1364. Special plates

for veterans.

(Feb. 9, 2004, P.L.65, No.8, eff. 60 days; July 8, 2015,

P.L.119, No.17, eff. 90 days; July 15, 2024, P.L. , No.60,

eff. 120 days)

Cross References. Section 1361 is referred to in section

1333 of this title; section 1721 of Title 51 (Military Affairs).

§ 1362. Operation Iraqi Freedom veterans plate.

Upon application of any person who is a veteran of the

liberation or occupation of Iraq, accompanied by a fee of $20

which shall be in addition to the annual registration fee and

by documentation as the department shall require, the department

shall issue to the person a special registration plate

designating the vehicle so licensed as belonging to a person

who is a veteran of Operation Iraqi Freedom. The special

registration plate may be used only on a passenger car or truck

with a registered gross weight of not more than 14,000 pounds.

(July 14, 2005, P.L.285, No.50, eff. 60 days; Dec. 18, 2007,

P.L.436, No.67, eff. 60 days; July 2, 2014, P.L.988, No.109,

eff. 60 days)

Cross References. Section 1362 is referred to in section

1333 of this title.

§ 1362.1. Operation Inherent Resolve veterans plate.

Upon application of any person who is a veteran of the

military intervention against the Islamic State of Iraq and the

Levant, which encompasses campaigns in Iraq, Syria and Libya,

accompanied by a fee of $26 which shall be in addition to the

registration fee and by documentation as the department shall

require, the department shall issue to the person a special

registration plate designating the vehicle so licensed as

belonging to a person who is a veteran of Operation Inherent

Resolve. The special registration plate may be used only on a

passenger car or truck with a registered gross weight of not

more than 14,000 pounds.

(July 1, 2024, P.L.435, No.36, eff. 120 days)

2024 Amendment. Act 36 added section 1362.1.

§ 1363. Operation Enduring Freedom veterans plate.

Upon application of any person who is a veteran of the

liberation or occupation of Afghanistan, accompanied by a fee

of $20 which shall be in addition to the annual registration

fee and by documentation as the department shall require, the

department shall issue to the person a special registration

plate designating the vehicle so licensed as belonging to a

person who is a veteran of Operation Enduring Freedom. The

special registration plate may be used only on a passenger car

or truck with a registered gross weight of not more than 14,000

pounds.

(July 14, 2005, P.L.285, No.50, eff. 60 days; Dec. 18, 2007,

P.L.436, No.67, eff. 60 days; July 2, 2014, P.L.988, No.109,

eff. 60 days)

Cross References. Section 1363 is referred to in section

1333 of this title.

§ 1363.1. Afghanistan and Iraq veterans plate.

Upon application of any person who is a veteran of the

liberation or occupation of Afghanistan and Iraq, accompanied

by a fee of $23 which shall be in addition to the registration

fee and by documentation as the department shall require, the

department shall issue to the person a special registration

plate designating the vehicle so licensed as belonging to a

person who is a veteran of Afghanistan and Iraq. The special

registration plate may be used only on a passenger car or truck

with a registered gross weight of not more than 14,000 pounds.

(Nov. 3, 2022, P.L.1734, No.112, eff. 120 days)

2022 Amendment. Act 112 added section 1363.1.

Cross References. Section 1363.1 is referred to in section

1333 of this title.

§ 1364. Special plates for veterans.

(a) Veterans.--Upon application of any person who is a

veteran as defined under 51 Pa.C.S. § 7101.2 (relating to

definitions), accompanied by a fee of $26 which shall be in

addition to the registration fee and by such documentation as

the department shall require, the department shall issue to the

person a special registration plate designating the vehicle as

belonging to a person who is a veteran. The special registration

plate may be used only on a passenger car or truck with a

registered gross weight of not more than 14,000 pounds.

(a.1) Women veterans.--Upon application of any woman who

is a veteran as defined under 51 Pa.C.S. § 7101.2, accompanied

by a fee of $26 which shall be in addition to the registration

fee and by such documentation as the department shall require,

the department shall issue to the person a special registration

plate designating the vehicle as belonging to a person who is

a woman veteran. The special registration plate may be used

only on a passenger car or truck with a registered gross weight

of not more than 14,000 pounds.

(b) Honoring our veterans.--Upon application of any person,

accompanied by a fee of $35, which shall be in addition to the

annual registration fee and by such documentation as the

department shall require, the department shall issue to the

person a special registration plate designating the vehicle as

belonging to a person who is honoring veterans of the armed

forces of the United States. The special registration plate may

be used only on a passenger car or truck with a registered gross

weight of not more than 14,000 pounds. The Veterans' Trust Fund

shall receive $15 of the fee paid by the applicant for the

plate.

person, accompanied by a fee of $35, which shall be in addition

to the registration fee and by such documentation as the

department shall require, the department shall issue to the

person a special registration plate designating the vehicle as

belonging to a person who is honoring women veterans of the

armed forces of the United States. The special registration

plate may be used only on a passenger car or truck with a

registered gross weight of not more than 14,000 pounds. The

Veterans' Trust Fund shall receive $15 of the fee paid by the

applicant for the plate. The portion of the fee transferred to

the Veterans' Trust Fund under this subsection shall be used

for programs and resources that assist women veterans.

(July 14, 2005, P.L.285, No.50, eff. 60 days; Dec. 18, 2007,

P.L.436, No.67, eff. 60 days; Oct. 24, 2012, P.L.1602, No.194,

eff. 30 days; July 2, 2014, P.L.988, No.109, eff. 60 days; Oct.

24, 2018, P.L.645, No.91, eff. 120 days; July 15, 2024, P.L.

, No.60, eff. 120 days)

2024 Amendment. Act 60 amended subsec. (a) and added

subsec. (a.1).

2018 Amendment. Act 91 added subsec. (c).

Cross References. Section 1364 is referred to in section

1333 of this title; section 1721 of Title 51 (Military Affairs).

§ 1364.1. Special plates for current members of the armed

forces of the United States.

(a) General rule.--A special registration plate shall, upon

application, be issued to an individual who is a member of the

armed forces of the United States, including a member of a

reserve component or the National Guard, under the following

conditions:

(1) A fee of $20 has been paid in addition to the

registration fee.

(2) Documentation required by the department has been

provided.

(3) The vehicle belongs to the applicant.

(4) The plate issued appropriately designates the branch

of service and includes the service emblem of which the

applicant is a member.

(b) Eligibility.--A plate issued under subsection (a) shall

be for members of the Pennsylvania National Guard and the

following branches of the armed forces of the United States:

(1) Army.

(2) Navy.

(3) Air Force.

(4) Marine Corps.

(5) Coast Guard.

be used on a passenger car or truck with a registered gross

weight of not more than 14,000 pounds.

(Oct. 4, 2016, P.L.881, No.108, eff. 120 days)

2016 Amendment. Act 108 added section 1364.1.

Cross References. Section 1364.1 is referred to in section

1333 of this title.

§ 1365. Gold Star Family plate.

(a) General rule.--Upon application of a family member of

a person who was killed while serving on active duty in the

military, accompanied by a fee of $20 which shall be in addition

to the annual registration fee and by such documentation as the

department shall require, the department shall issue to the

family member a special registration plate designating the

vehicle so licensed as belonging to a family member of a person

who was killed while serving on active duty in the military.

The department shall design and produce the special registration

plate carrying the Service Flag Gold Star rimmed with blue which

represents sacrifice to the cause of liberty and freedom. The

words "Gold Star Family" shall be clearly displayed along the

bottom of the plate. The special registration plate may be used

only on a passenger car or truck with a registered gross weight

of not more than 14,000 pounds.

(b) Documentation required.--An applicant for a Gold Star

Family plate shall certify on a form approved by the department

that the applicant is a family member of a person who was killed

while serving on active duty in the military.

member" includes the following:

(1) Widow.

(2) Widower.

(3) Mother.

(4) Father.

(5) Stepmother.

(6) Stepfather.

(7) Mother through adoption.

(8) Father through adoption.

(9) Foster mother in loco parentis.

(10) Foster father in loco parentis.

(11) Son.

(12) Daughter.

(13) Stepson.

(14) Stepdaughter.

(15) Son by adoption.

(16) Daughter by adoption.

(17) Brother.

(18) Sister.

(19) Half brother.

(20) Half sister.

(Oct. 4, 2006, P.L.1143, No.117, eff. 60 days; July 2, 2014,

P.L.988, No.109, eff. 60 days)

2014 Amendment. Act 109 amended subsec. (a).

2006 Amendment. Act 117 added section 1365.

Cross References. Section 1365 is referred to in section

1333 of this title.

§ 1366. Special plates for recipients of Silver Star.

Upon application of any person who is a recipient of the

Silver Star, accompanied by a fee of $10 which shall be in

addition to the annual registration fee and by such

documentation as the department shall require, the department

shall issue to the person a special registration plate

designating the vehicle so licensed as belonging to a person

who is a recipient of the Silver Star. The special registration

plate may be used only on a passenger car or truck with a

registered gross weight of not more than 14,000 pounds.

(July 5, 2012, P.L.960, No.103, eff. 120 days)

2012 Amendment. Act 103 added section 1366.

Cross References. Section 1366 is referred to in section

1333 of this title.

§ 1366.1. Special plates for United States military airborne

units.

(a) General rule.--Upon application of any person who is a

veteran of or a member of a United States military airborne

unit, accompanied by a fee of $20 which shall be in addition

to the annual registration fee and by such documentation as the

department shall require, the department shall issue to the

person a special registration plate designating the vehicle so

licensed as belonging to a person who is a veteran of or a

member of a United States military airborne unit. The special

registration plate may be used only on a passenger car or truck

with a registered gross weight of not more than 14,000 pounds.

The department shall design and produce the special registration

plate to display a set of jump wings and glider wings.

(b) Definition.--As used in this section, the term "veteran

of or a member of a United States military airborne unit"

includes parachutist or glider units, glider troopers,

paratroopers, air assault troopers, Rangers, U.S. Army Special

Forces, USMC Recon, U.S. Navy Seals, U.S. Air Force Special

Operations, Troop Carrier Command, including glider pilots and

the 160th SOAR, military personnel who satisfactorily completed

the prescribed proficiency tests while assigned or attached to

an airborne unit and any other military personnel determined

by the department to be appropriately classified as a member

of a United States military airborne parachutist or glider unit.

(Oct. 24, 2012, P.L.1282, No.158, eff. 180 days; July 2, 2014,

P.L.988, No.109, eff. 60 days)

2014 Amendment. Act 109 amended subsec. (a).

2012 Amendment. Act 158 added section 1366.1.

Cross References. Section 1366.1 is referred to in section

1333 of this title.

§ 1366.2. Blue Star Family plate.

(a) General rule.--Upon application of a family member of

a person who is an active duty service member in the military,

including a reserve component or National Guard, accompanied

by a fee of $23 which shall be in addition to the registration

fee and by such documentation as the department shall require,

the department shall issue to the family member a special

registration plate designating the vehicle so licensed as

belonging to a family member of a person serving on active duty

in the military, including a reserve component or National

Guard. The department shall design and produce the special

registration plate carrying the Blue Star which signifies that

a family member is an active duty service member, including a

reserve component or National Guard. The words "Blue Star

Family" shall be clearly displayed along the bottom of the

plate. The special registration plate may be used only on a

passenger car or truck with a registered gross weight of not

more than 14,000 pounds.

(b) Documentation required.--An applicant for a Blue Star

Family plate shall certify on a form approved by the department

that the applicant is a family member of a person who is an

active duty service member in the military, including a reserve

component or National Guard.

construed to require:

(1) A person issued a Blue Star Family plate to return

the plate to the department if a family member no longer

serves on active duty in the military, including a reserve

component or National Guard.

(2) The department to periodically verify that a person

issued a Blue Star Family plate has a family member serving

on active duty in the military, including a reserve component

or National Guard, after the initial issuance of the plate.

(d) Definition.--As used in this section, the term "family

member" includes the following:

(1) Mother.

(2) Father.

(3) Stepmother.

(4) Stepfather.

(5) Mother through adoption.

(6) Father through adoption.

(7) Foster mother in loco parentis.

(8) Foster father in loco parentis.

(9) Son.

(10) Daughter.

(11) Stepson.

(12) Stepdaughter.

(13) Son by adoption.

(14) Daughter by adoption.

(15) Brother.

(16) Sister.

(17) Half-brother.

(18) Half-sister.

(19) Grandfather.

(20) Grandmother.

(21) Spouse.

(Nov. 3, 2022, P.L.1734, No.112, eff. 120 days)

2022 Amendment. Act 112 added section 1366.2.

Cross References. Section 1366.2 is referred to in section

1333 of this title.

§ 1366.3. Special plates for recipients of Air Medal.

Upon application of any person who is a recipient of the Air

Medal, accompanied by a fee of $23 which shall be in addition

to the registration fee and by such documentation as the

department shall require, the department shall issue to the

person a special registration plate designating the vehicle so

licensed as belonging to a person who is a recipient of the Air

Medal. The special registration plate may be used only on a

passenger car or truck with a registered gross weight of not

more than 14,000 pounds.

(Nov. 3, 2022, P.L.1746, No.113, eff. 120 days)

2022 Amendment. Act 113 added section 1366.3.

Cross References. Section 1366.3 is referred to in section

1333 of this title.

§ 1367. Special plates for recipients of Bronze Star.

Upon application of any person who is a recipient of the

Bronze Star, accompanied by a fee of $20 which shall be in

addition to the annual registration fee and by such

documentation as the department shall require, the department

shall issue to the person a special registration plate

designating the vehicle so licensed as belonging to a person

who is a recipient of the Bronze Star. The special registration

plate may be used only on a passenger car or truck with a

registered gross weight of not more than 14,000 pounds.

(July 5, 2012, P.L.960, No.103, eff. 120 days)

2012 Amendment. Act 103 added section 1367.

Cross References. Section 1367 is referred to in section

1333 of this title.

§ 1368. Special plates for recipients of Bronze Star for Valor.

Upon application of any person who is a recipient of the

Bronze Star for Valor, accompanied by a fee of $10 which shall

be in addition to the annual registration fee and by such

documentation as the department shall require, the department

shall issue to the person a special registration plate

designating the vehicle so licensed as belonging to a person

who is a recipient of the Bronze Star for Valor. The special

registration plate may be used only on a passenger car or truck

with a registered gross weight of not more than 14,000 pounds.

(July 5, 2012, P.L.960, No.103, eff. 120 days)

2012 Amendment. Act 103 added section 1368.

Cross References. Section 1368 is referred to in section

1333 of this title.

§ 1368.1. Special plates for recipients of Soldier's Medal.

Upon application of any person who is a recipient of the

Soldier's Medal, accompanied by a fee of $20 which shall be in

addition to the registration fee and by such documentation as

the department shall require, the department shall issue to the

person a special registration plate designating the vehicle so

licensed as belonging to a person who is a recipient of the

Soldier's Medal. The special registration plate may be used

only on a passenger car or truck with a registered gross weight

of not more than 14,000 pounds.

(Oct. 24, 2018, P.L.645, No.91, eff. 120 days)

2018 Amendment. Act 91 added section 1368.1.

Cross References. Section 1368.1 is referred to in section

1333 of this title.

§ 1368.2. Special plates for recipients of Presidential Service

Badge.

Upon application of any person who is a recipient of the

Presidential Service Badge, accompanied by a fee of $20 which

shall be in addition to the registration fee and by such

documentation as the department shall require, the department

shall issue to the person a special registration plate

designating the vehicle so licensed as belonging to a person

who is a recipient of the Presidential Service Badge. The

special registration plate may be used only on a passenger car

or truck with a registered gross weight of not more than 14,000

pounds.

(Oct. 24, 2018, P.L.645, No.91, eff. 120 days)

2018 Amendment. Act 91 added section 1368.2.

Cross References. Section 1368.2 is referred to in section

1333 of this title.

§ 1368.3. Special plates for recipients of Legion of Merit.

Upon application of any person who is a recipient of the

Legion of Merit, accompanied by a fee of $20 which shall be in

addition to the registration fee and any documentation the

department requires, the department shall issue to the person

a special registration plate designating the vehicle licensed

as belonging to a person who is a recipient of the Legion of

Merit. The special registration plate may be used only on a

passenger car or truck with a registered gross weight of not

more than 14,000 pounds.

(Oct. 24, 2018, P.L.705, No.108, eff. 120 days)

2018 Amendment. Act 108 added section 1368.3.

Cross References. Section 1368.3 is referred to in section

1333 of this title.

§ 1368.4. Special plates for recipients of Borinqueneers

Congressional Gold Medal.

(a) Issuance.--Upon application of a person who is a

recipient of the Borinqueneers Congressional Gold Medal,

accompanied by a fee of $26 which shall be in addition to the

registration fee and any documentation the department requires,

the department shall issue to the person a special registration

plate designating the vehicle so licensed as belonging to a

person who is a recipient of the Borinqueneers Congressional

Gold Medal.

(b) Limitation.--A special registration plate under this

section may be used only on a passenger car or truck with a

registered gross weight of not more than 14,000 pounds.

special registration plate under this section to display the

Borinqueneers Congressional Gold Medal emblem and the words

"Borinqueneers Congressional Gold Medal" at the bottom of each

plate. Each special registration plate under this section that

is not personalized shall also include the letter "B" as a

prefix or suffix to the numerals on the special registration

plate.

(July 15, 2024, P.L. , No.60, eff. 120 days)

2024 Amendment. Act 60 added section 1368.4.

§ 1369. Special plates for recipients of Distinguished Service

Cross, Distinguished Flying Cross, Navy Cross or Air

Force Cross.

Upon application of any person who is a recipient of the

Distinguished Service Cross, Distinguished Flying Cross, Navy

Cross or Air Force Cross, accompanied by a fee of $10 which

shall be in addition to the annual registration fee and by such

documentation as the department shall require, the department

shall issue to the person a special registration plate

designating the vehicle so licensed as belonging to a person

who is a recipient of the Distinguished Service Cross,

Distinguished Flying Cross, Navy Cross or Air Force Cross. The

special registration plate may be used only on a passenger car

or truck with a registered gross weight of not more than 14,000

pounds.

(July 5, 2012, P.L.960, No.103, eff. 120 days)

2012 Amendment. Act 103 added section 1369.

Cross References. Section 1369 is referred to in section

1333 of this title.

§ 1369.1. Special plates for recipients of Combat Action Badge,

Combat Infantryman Badge, Combat Action Ribbon,

Combat Action Medal or Combat Medical Badge.

Upon application of any person who is a recipient of the

Combat Action Badge, Combat Infantryman Badge, Combat Action

Ribbon, Combat Action Medal or Combat Medical Badge accompanied

by a fee of $20, which shall be in addition to the annual

registration fee, and by such documentation as the department

shall require, the department shall issue to the person a

special registration plate designating the vehicle so licensed

as belonging to a person who is a recipient of the Combat Action

Badge, Combat Infantryman Badge, Combat Action Ribbon, Combat

Action Medal or Combat Medical Badge. The special registration

plate may be used only on a passenger car or truck with a

registered gross weight of not more than 14,000 pounds.

(July 2, 2014, P.L.988, No.109, eff. 120 days)

2014 Amendment. Act 109 added section 1369.1.

Cross References. Section 1369.1 is referred to in section

1333 of this title.

§ 1369.2. Special "In God We Trust" plates.

Upon application of any person, accompanied by a fee of $20

which shall be in addition to the annual registration fee, the

department shall issue to the person a special "In God We Trust"

registration plate. The special registration plate may be used

only on a passenger car or truck with a registered gross weight

of not more than 14,000 pounds.

(July 2, 2014, P.L.988, No.109, eff. 120 days)

2014 Amendment. Act 109 added section 1369.2.

§ 1369.3. Special plates for veterans of an ally foreign

country.

Upon application of a person who was a citizen of a foreign

country that allied with the United States in a military

conflict and served in a military branch of that foreign country

during the military conflict, accompanied by a fee of $20 which

shall be in addition to the registration fee and by such

documentation as the department shall require, the department

shall issue to the person a special registration plate

designating the vehicle so licensed as belonging to a person

who is a veteran of a military branch of a foreign country that

allied with the United States in a military conflict. The

special registration plate may be used only on a passenger car

or truck with a registered gross weight of not more than 14,000

pounds.

(Oct. 24, 2018, P.L.645, No.91, eff. 120 days)

2018 Amendment. Act 91 added section 1369.3.

Cross References. Section 1369.3 is referred to in section

1333 of this title.

§ 1369.4. USA semiquincentennial registration plates.

(a) General rule.--The department shall design a special

USA semiquincentennial registration plate.

(b) Application and payment.--Upon application and payment

of a fee of $52 by a person, which shall be in addition to the

registration fee, the department shall issue a USA

semiquincentennial registration plate for a motorcycle, a

passenger car or a truck with a registered gross weight of not

more than 14,000 pounds or a motor home.

(b.1) Disposition of fee.--The Semiquincentennial Restricted

Account is established in the State Treasury. Twenty-five

dollars of the fee under subsection (b) shall be deposited into

the Semiquincentennial Restricted Account for use by the

Pennsylvania Commission for the United States Semiquincentennial

for activities related to the semiquincentennial.

phrase "Let Freedom Ring - 250 years" and feature the Liberty

Bell.

(d) Expiration.--This section shall expire December 31,

2026.

(July 1, 2020, P.L.555, No.48, eff. 120 days; July 7, 2022,

P.L.503, No.51, eff. 60 days)

2022 Amendment. Act 51 amended subsec. (b) and added subsec.

(b.1).

2020 Amendment. Act 48 added section 1369.4.

§ 1370. Report to General Assembly.

No later than January 1, 2015, and on January 1 of every

fifth year thereafter, the department shall report to the

chairman and minority chairman of the Transportation Committee

of the Senate and the chairman and minority chairman of the

Transportation Committee of the House of Representatives on the

utilization of special registration plates provided for in this

chapter. For each special registration plate, the report shall

include the number of plates then in use, the number of new

plates issued annually since the preceding report and make

recommendations regarding the need for the continued issuance

of such plates, including an analysis of usage, cost of issuance

and any required revision to fees so as to maintain necessary

financial support for the highway system in this Commonwealth.

(Nov. 25, 2013, P.L.974, No.89, eff. 60 days)

2013 Amendment. Act 89 added section 1370. See the preamble

to Act 89 in the appendix to this title for special provisions

relating to legislative findings and declarations.

SUBCHAPTER C

VIOLATIONS AND SUSPENSIONS

Sec.

1371. Operation following suspension of registration.

1372. Unauthorized transfer or use of registration.

1373. Suspension of registration.

1374. Suspension or revocation of vehicle business registration

plates.

1375. Suspension of registration of unapproved carriers.

1376. Surrender of registration plates and cards upon

suspension or revocation.

1377. Judicial review.

1378. Suspension of motor carrier vehicle registration.

1379. Suspension of registration upon sixth unpaid parking

violation in cities of the first class.

1380. Suspension of registration upon unpaid tolls.

§ 1371. Operation following suspension of registration.

(a) General rule.--No person shall operate and no owner

shall permit to be operated upon any highway a vehicle the

registration of which has been suspended.

(b) Penalty.--Any person violating this section is guilty

of a summary offense and shall, upon conviction, be sentenced

to pay a fine of not less than $100 nor more than $500. In the

case of a motor carrier vehicle other than a trailer, the fine

shall be double the registration fee for the maximum weight at

which the vehicle could have been registered in this

Commonwealth.

(Dec. 23, 2002, P.L.1982, No.229, eff. imd.)

2002 Amendment. Act 229 amended subsec. (b).

Cross References. Section 1371 is referred to in sections

1532, 6309, 6309.1 of this title.

§ 1372. Unauthorized transfer or use of registration.

No person shall:

(1) allow a registration card or plate or permit to be

used by any person not authorized to use it or on any vehicle

other than the vehicle for which it was issued;

(2) use any registration card or plate or permit unless

authorized to do so; or

(3) display a registration card or plate in, on or in

connection with any vehicle other than the vehicle for which

it was issued.

§ 1373. Suspension of registration.

(a) Suspension after opportunity for hearing.--The

department may suspend any registration after providing

opportunity for a hearing in any of the following cases when

the department finds upon sufficient evidence that:

(1) The vehicle is unsafe or unfit for operation or is

not equipped as required by this title.

(2) The owner or registrant has made, or permitted to

be made, any unlawful use of the vehicle or registration

plate or plates, or registration card, or permitted the use

by a person not entitled thereto.

(3) The owner or registrant has knowingly made a false

statement or knowingly concealed a material fact or otherwise

committed a fraud in any application or form required to be

filed by this title.

(4) The registrant or any agent or employee has

repeatedly violated any of the provisions of this chapter

or Chapter 11 (relating to certificate of title and security

interests).

(b) Suspension without hearing.--The department may suspend

a registration without providing an opportunity for a hearing

in any of the following cases:

(1) Upon the request or order of any court of record.

(2) The required fees have not been paid.

(3) An out-of-service order has been issued for the

vehicle, the owner or the operator by the department or by

the United States Department of Transportation.

(4) The vehicle is being operated in violation of

section 4704(b)(1) (relating to inspection by police or

Commonwealth personnel).

(May 26, 1982, P.L.435, No.129, eff. imd.; Feb. 12, 1984,

P.L.26, No.11, eff. Oct. 1, 1984; Apr. 26, 1989, P.L.13, No.4,

eff. imd.; July 10, 1990, P.L.356, No.83, eff. 60 days; Dec.

21, 1998, P.L.1126, No.151, eff. 60 days; Dec. 23, 2002,

P.L.1982, No.229, eff. 6 months)

2002 Amendment. Act 229 amended subsec. (b).

Cross References. Section 1373 is referred to in section

1376 of this title.

§ 1374. Suspension or revocation of vehicle business

registration plates.

(a) Suspension or revocation after opportunity for

hearing.--The department may impose a monetary penalty for

certain violations and offenses as prescribed by regulation or

this section or suspend or revoke registration plates for

dealers, manufacturers or members of the "Miscellaneous Motor

Vehicle Business" class after providing an opportunity for a

hearing in any of the following cases when the department finds

upon sufficient evidence that:

(1) Except as provided in subsection (g)(1) the

registrant is no longer entitled to licensing as a dealer

or manufacturer or to registration in the "Miscellaneous

Motor Vehicle Business" class.

(2) The registrant has made or permitted to be made any

unlawful use of the vehicle or registration plate or plates

or registration card or permitted the use by a person not

entitled thereto.

(3) The registrant has knowingly made a false statement

or knowingly concealed a material fact or otherwise committed

a fraud in any application.

(4) The registrant has failed to give notice of transfer

of ownership or of the destruction or junking of any vehicle

when and as required by this title.

(5) The registrant has failed to deliver to a transferee

lawfully entitled thereto or to the department, when and as

required by this title, a properly assigned certificate of

title.

(6) The registrant has repeatedly violated any of the

provisions of this title.

(7) Any fee payable to the Commonwealth in connection

with the operation of the business of the registrant has not

been paid.

(b) Mitigating events.--The opportunity for a hearing as

authorized by subsection (a) shall include the consideration

of relevant mitigating events as prescribed by regulation for

violations and offenses of subsection (a)(2), (5) and (7).

violates subsection (a)(2), (5) or (7) as a first offense, the

department shall sanction the registrant with a written warning

without providing the opportunity for a hearing.

(d) Schedule of sanctions.--The department shall impose the

following sanctions for violations:

(1) If the department finds that the registrant has

violated subsection (a)(5) or (7) as a second offense, the

registrant may be sanctioned with a monetary penalty of not

less than $50 and not more than $100 per violation.

(2) If the department finds that the registrant has

violated subsection (a)(5) or (7) as a third offense, the

registrant may be sanctioned with a monetary penalty of not

less than $100 and not more than $200 per violation.

(2.1) If the department finds that the registrant has

violated subsection (a)(5) as a fourth or subsequent offense,

the department may suspend for not less than three months

or revoke the registration plates and cards of the

registrant.

(3) A monetary penalty imposed for a violation of

subsection (a)(5) shall be in addition to the requirement

that the registrant deliver a properly assigned certificate

of title. Unless extended by the department, if the

registrant fails to pay the monetary penalty or to deliver

the certificate of title within 45 days after notice was

sent by the department, except as otherwise provided by

section 1377 (relating to judicial review), the department

shall suspend the registrant's registration plates until the

monetary penalty has been paid and the title delivered.

(4) A monetary penalty imposed for a violation of

subsection (a)(7) shall be in addition to payment of the

original amount due for taxes and fees and any other penalty

provided by law for submission of an uncollectible or

dishonored check. Unless extended by the department, if the

registrant fails to pay the monetary penalty, the original

amount due or any other penalty within 45 days after notice

was sent by the department, except as otherwise provided by

section 1377, the department shall suspend the registrant's

registration plates until all fees, taxes and penalties have

been paid.

(5) A violation of subsection (a)(2) or (5) shall remain

on the registrant's record for a period of 18 months from

the date that the violation was sanctioned by the department.

If the registrant does not commit another violation of

subsection (a)(2) or (5) within that 18-month period, the

department shall rescind from the registrant's record the

prior sanction that was imposed. After rescission of the

prior sanction, if the registrant thereafter commits a

subsequent violation of subsection (a)(2) or (5), that

violation shall be considered the same degree of offense as

was previously imposed, unless more than three years have

elapsed since the last date that the registrant was

sanctioned for a violation of subsection (a)(2) or (5), in

which case said subsequent violation shall be deemed a first

offense.

(6) If the department has previously given notice of,

and considered at a departmental hearing, violations of

subsection (a)(5), no sanction shall be imposed for an

alleged violation of subsection (a)(5) which was not included

within said notice if said violation occurred prior to the

date of the notice, the department's records reflected that

the violation existed and the violation could have been

included in the notice as an additional subject of the

departmental hearing.

(7) If a registrant is sanctioned pursuant to subsection

of departmental regulations, 67 Pa. Code Ch. 53 (relating

to manufacturers, dealers and miscellaneous motor vehicle

businesses registration plates), and the department also

sanctions the registrant for corresponding violations as an

issuing agent pursuant to departmental regulations, 67 Pa.

Code Ch. 43 (relating to temporary registration cards and

plates), the department shall only impose the sanction

prescribed by this section or the corresponding section of

67 Pa. Code Ch. 53. Notwithstanding, the department shall

note the offense pertaining to the registrant and the offense

pertaining to the issuing agent upon each record, and the

department shall consider each record when calculating

second, third or subsequent offenses by the registrant and

the issuing agent.

(e) Hearing.--Until regulations are prescribed by the

department as authorized by subsection (b), the hearing shall

include the consideration of relevant mitigating events for a

violation of subsection (a)(2), (5) or (7).

(f) Interim regulations.--Until such regulations are

prescribed by the department as authorized by subsections (a)

and (b), the applicable departmental regulations as currently

promulgated shall remain in full force and effect, except as

specifically superseded by the provisions of subsections (c),

(d) and (e).

(g) Suspension without hearing.--The department may suspend

or revoke registration plates for dealers, manufacturers or

members of the "Miscellaneous Motor Vehicle Business" class

without providing the opportunity for a hearing in any of the

following cases:

(1) The registrant's license as a dealer or manufacturer

has been suspended or revoked by the State Board of Vehicle

Manufacturers, Dealers and Salespersons or the board has

determined that the registrant is not entitled to such a

license.

(2) If the Pennsylvania State Police shall certify that

the dealer, manufacturer or member of the "Miscellaneous

Motor Vehicle Business" class is no longer in business.

(h) Recommended action by State licensing board.--The

department may also audit and investigate dealers and

manufacturers registered by the State Board of Vehicle

Manufacturers, Dealers and Salespersons to determine whether

any dealer or manufacturer has violated any provision of this

title pertaining to dealers or manufacturers or any regulation

promulgated by the department. The department may recommend

that the State Board of Vehicle Manufacturers, Dealers and

Salespersons suspend the license of any dealer or manufacturer

which it finds has committed a violation and the board shall

take prompt action on any such recommendations under the act

of December 22, 1983 (P.L.306, No.84), known as the Board of

Vehicles Act.

(July 10, 1990, P.L.356, No.83, eff. 30 days; June 28, 1993,

P.L.137, No.33, eff. 60 days; July 11, 1996, P.L.660, No.115,

eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 amended subsecs. (d)(5) and (e).

1996 Amendment. Act 115 amended subsec. (d).

Cross References. Section 1374 is referred to in section

1376 of this title.

§ 1375. Suspension of registration of unapproved carriers.

(a) General rule.--The department shall suspend the

registration of any vehicle upon the presentation to the

department of a certificate of the Pennsylvania Public Utility

Commission or notice of the Philadelphia Parking Authority

setting forth, after hearing and investigation, that the

commission or the Philadelphia Parking Authority has found and

determined that the vehicle has been operated as a common

carrier or contract carrier by motor vehicle within this

Commonwealth without the approval of the commission or the

Philadelphia Parking Authority and either that no appeal was

filed from such determination in the manner and within the time

provided by law or that the determination was affirmed on

appeal.

(b) Rescission of suspension.--Any suspension of

registration under this section may be rescinded by the

department upon the petition of the owner of such vehicle or

of the lessee provided the petition is accompanied by a

certificate of the Pennsylvania Public Utility Commission

setting forth that the commission does not object to the

rescission.

(July 14, 2005, P.L.285, No.50, eff. 60 days)

2005 Amendment. Act 50 amended subsec. (a).

Cross References. Section 1375 is referred to in section

3310 of Title 66 (Public Utilities).

§ 1376. Surrender of registration plates and cards upon

suspension or revocation.

(a) General rule.--The department, upon suspending or

revoking any registration, shall require the registration plate

or plates and registration card or cards to be surrendered

immediately to the department.

(b) Delegation of authority.--If after 30 days from the

mail date of a notice of suspension or revocation, the

registration plates and cards are not surrendered under

subsection (a), the department may delegate authority to the

following persons to seize a registration plate and registration

card which are required to be surrendered under subsection (a):

(1) A designated department employee.

(2) Members of the Pennsylvania State Police.

(3) Local police officers.

(4) Sheriffs or deputy sheriffs.

(5) Constables or deputy constables.

(b.1) Immediate seizure of registration plates and

cards.--The department may delegate authority to the persons

described in this section to immediately seize registration

plates and cards upon imposition of the following:

(1) a suspension imposed pursuant to section 1374(d)(3)

or (4) (relating to suspension or revocation of vehicle

business registration plates) until all fees, taxes and

penalties have been paid;

(2) a suspension or revocation imposed pursuant to

section 1373(b)(3) (relating to suspension of registration)

or 1374(g);

(3) a suspension or revocation is reinstated after

determination of a matter as provided in section 1377

(relating to judicial review);

(4) a suspension imposed pursuant to section 1379

(relating to suspension of registration upon sixth unpaid

parking violation in cities of the first class) until all

fines, penalties and costs have been paid; or

(5) a suspension imposed pursuant to section 1380

(relating to suspension of registration upon unpaid tolls)

until all tolls, administrative fees and costs have been

paid, dismissed, reversed on appeal or canceled or if the

owner or registrant enters into an agreement with the tolling

entity to make installment payments.

prescribe the manner of selecting those persons who are

delegated authority under this section to seize the registration

plates and registration cards. This requirement does not apply

to persons described in this section who have been trained

pursuant to the provisions of section 6117 (relating to

authority of qualified employees of department and Department

of Revenue).

(d) Penalty.--Any person failing or refusing to surrender

to the department or its authorized delegate, upon demand, any

registration plate or card which has been suspended or revoked

is guilty of a summary offense and shall, upon conviction, be

sentenced to pay a fine of $300, plus costs. Costs shall include

a reasonable fee for official seizure of the unsurrendered

items.

(June 19, 1985, P.L.49, No.20, eff. 60 days; Feb. 7, 1990,

P.L.11, No.6, eff. 60 days; Dec. 7, 1994, P.L.820, No.115, eff.

60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; July

14, 2005, P.L.285, No.50, eff. 60 days; Oct. 9, 2009, P.L.494,

No.49, eff. 60 days; Nov. 4, 2016, P.L.1277, No.165, eff. 9

months)

2016 Amendment. Act 165 amended subsec. (b.1).

2009 Amendment. Act 49 amended subsec. (b)(5).

1998 Amendment. Act 151 amended subsecs. (b.1)(2) and (c).

Cross References. Section 1376 is referred to in section

7165 of Title 44 (Law and Justice).

§ 1377. Judicial review.

(a) General rule.--Any person who has been sanctioned by

the department under this chapter or whose registration or

authority to issue registration cards or plates has been denied,

suspended or otherwise sanctioned by the department shall have

the right to appeal to the court vested with jurisdiction of

such appeals by or pursuant to Title 42 (relating to judiciary

and judicial procedure). The filing of the appeal shall act as

a supersedeas, except for a warning or a revocation, and the

suspension or monetary penalty shall not be imposed until

determination of the matter as provided in this section. Upon

application of the registrant and prior notice to the

department, the court may grant a supersedeas from a revocation

of registration or authority to issue registration. The court

shall schedule the appeal for hearing upon 30 days' written

notice to the department, and thereupon take testimony and

examine into the facts of the case and determine whether the

petitioner is entitled to registration, subject to suspension

of registration or other sanction under the provisions of this

title or departmental regulations.

(b) Documentation.--

(1) In any proceeding under this section, documents

received by the department from a court or from an insurance

company shall be admissible into evidence to support the

department's case. In addition, if the department receives

information from a court by means of electronic transmission

or from an insurance company which is complying with its

obligation under Subchapter H of Chapter 17 (relating to

proof of financial responsibility) by means of electronic

transmission, it may certify that it has received the

information by means of electronic transmission, and that

certification shall be prima facie proof of the adjudication

and facts contained in such an electronic transmission.

(2) In a proceeding relating to the suspension of the

registration of a motor vehicle imposed under section 1786

(relating to required financial responsibility), the

department's certification of its receipt of documents or

electronic transmission from an insurance company informing

the department that the person's coverage has lapsed, been

canceled or terminated shall also constitute prima facie

proof that the lapse, cancellation or termination of the

policy of insurance described in the electronic transmission

was effective under the laws of this Commonwealth.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 28, 1993,

P.L.137, No.33; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

2002 Amendment. Act 152 amended subsec. (b).

Cross References. Section 1377 is referred to in sections

102, 1374, 1376, 1786, 3753 of this title; section 933 of Title

42 (Judiciary and Judicial Procedure).

§ 1378. Suspension of motor carrier vehicle registration.

(a) Suspension.--The department shall suspend the

registration of a motor carrier vehicle for three months if it

determines that at the time the registration was renewed by the

department the vehicle did not have a currently valid

certificate of inspection.

(b) Documentation.--In any proceeding under this section,

documents obtained by the department from an official inspection

station shall be admissible into evidence to support the

department's case. In addition, reports received by the

department from police officers, qualified Commonwealth

employees or department designees shall be admissible into

evidence to support the department's case. In addition, the

department may treat the documents and reports as documents of

the department and use any of the methods of storage permitted

under the provisions of 42 Pa.C.S. § 6109 (relating to

photographic copies of business and public records) and may

reproduce such documents in accordance with the provisions of

42 Pa.C.S. § 6103 (relating to proof of official records). The

department may certify that it has received or obtained

documents and reports from inspection stations, police officers,

qualified Commonwealth employees and department designees and

that certification shall be prima facie proof of the facts

contained in the documents and reports.

on a renewal application shall create a presumption that the

vehicle did not have a currently valid certificate of inspection

at the time of renewal.

(d) Restoration.--Whenever the department suspends the

registration of a vehicle under this section, the department

shall not restore the registration until the registration card

and registration plate have been surrendered for three months,

the vehicle owner pays a $50 restoration fee and the vehicle

owner furnishes proof, satisfactory to the department, that the

vehicle is covered by financial responsibility and has a

currently valid certificate of inspection.

(Dec. 23, 2002, P.L.1982, No.229, eff. 6 months)

2002 Amendment. Act 229 added section 1378.

§ 1379. Suspension of registration upon sixth unpaid parking

violation in cities of the first class.

(a) Suspension of registration.--The department shall

suspend the registration of a vehicle upon the notification

from the parking authority that the owner or registrant of the

vehicle has failed to respond, failed to pay or defaulted in

the payment of six or more tickets or citations issued for

parking violations in cities of the first class.

(b) Notice to the department.--No sooner than 30 days after

mailing the notice provided under subsection (b.1), the parking

authority shall notify the department electronically in a format

prescribed by the department whenever an owner or registrant

fails to respond, fails to pay or defaults in payment of six

or more tickets or citations issued for parking violations.

When a notice has been provided under this subsection and all

of the tickets and citations are subsequently paid, dismissed,

reversed on appeal or canceled, the parking authority shall

notify the department electronically in a format prescribed by

the department of the disposition of the tickets and shall

provide the owner or registrant with a release from the

suspension.

(b.1) Notice by the parking authority.--Prior to notifying

the department under subsection (b), the parking authority shall

provide the owner or registrant written notice by first class

mail of its intent to seek suspension of the vehicle

registration pursuant to this section.

(a) shall continue until the department receives notice from

the parking authority that all of the tickets and citations are

paid, dismissed, reversed on appeal or canceled or the defendant

enters into an agreement to make installment payments for the

fines and penalties imposed, provided that the suspension may

be reimposed by the department if the defendant fails to make

regular installment payments and pays the fee prescribed in

section 1960 (relating to reinstatement of operating privilege

or vehicle registration).

(d) Additional suspension.--The department shall impose an

additional period of registration suspension if, subsequent to

the issuance of a suspension under subsection (a) but prior to

the restoration of the registration, the department is notified

by the parking authority that the owner or registrant has failed

to respond, failed to pay or defaulted in the payment of an

additional ticket or citation issued for a parking violation.

(e) Three-year limitation.--No suspension may be imposed

based upon a parking violation more than three years after the

commission of the violation.

(f) Definition.--As used in this section, the term "parking

authority" means a parking authority in a city of the first

class known as the Philadelphia Parking Authority.

(July 14, 2005, P.L.285, No.50; July 10, 2006, P.L.1086, No.113,

eff. imd.)

2006 Amendment. Act 113 amended subsec. (b.1).

2005 Amendment. Act 50 added section 1379. Section 13(3)

of Act 50 provided that section 1379 shall take effect in nine

months or 60 days after publication of notice in the

Pennsylvania Bulletin required under section 12 of Act 50,

whichever is earlier. See sections 11 and 12 of Act 50 in the

appendix to this title for special provisions relating to

agreement and publication in Pennsylvania Bulletin.

Cross References. Section 1379 is referred to in sections

1376, 1960 of this title.

§ 1380. Suspension of registration upon unpaid tolls.

(a) General rule.--

(1) The department shall suspend the registration of a

vehicle upon notification from a tolling entity that the

owner or registrant of the vehicle has either:

(i) failed to pay or defaulted in the payment of

four or more invoices issued under 74 Pa.C.S. § 8116(a)

(relating to collection and disposition of tolls and

other revenue) or 8117(a)(1) (relating to electronic

toll collection), including violation notices issued

prior to March 16, 2020, or other law, regulation,

ordinance or standard applicable to the toll collection

or payment requirements for a tolling entity; or

(ii) incurred unpaid tolls or administrative fees

or costs that collectively total a minimum of $250,

regardless of the number of unpaid invoices.

(2) Nothing in paragraph (1) shall be construed to limit

a tolling entity's ability to recoup unpaid tolls or

administrative fees or costs by any means available under

the law.

(b) Notice.--Prior to notifying the department under

subsection (c), the tolling entity shall provide the owner or

registrant written notice by first class mail of its intent to

seek suspension of the vehicle registration under this section

and afford the owner or registrant with the opportunity to be

heard during an administrative proceeding.

(1) Not sooner than 30 days after mailing the notice

under subsection (b), the tolling entity, provided it has

entered into an agreement with the department to enforce the

provisions of this section, may notify the department

electronically in a format prescribed by the department

whenever an owner or registrant meets the requirements for

suspension under subsection (a)(1).

(2) When a tolling entity has provided notice under

this subsection and all of the unpaid invoices are

subsequently paid, dismissed, reversed on appeal or canceled,

the tolling entity shall notify the department electronically

in a format prescribed by the department of the disposition

of the unpaid invoice and shall provide the owner or

registrant with a release from the suspension.

(d) Period of suspension.--A suspension under subsection

(a) shall continue until the department receives notice from

the tolling entity that the unpaid invoices are paid, dismissed,

reversed on appeal or canceled or the owner or registrant enters

into an agreement with the tolling entity to make installment

payments for tolls, administrative fees and costs imposed and

pays the fee prescribed in section 1960 (relating to

reinstatement of operating privilege or vehicle registration),

provided that the suspension may be reimposed by the department

if the owner or registrant fails to make regular installment

payments.

(e) Additional suspension.--The department shall impose an

additional period of registration suspension if, subsequent to

the issuance of a suspension under subsection (a) but prior to

the restoration of the registration, the department is notified

by the tolling entity that the owner or registrant has failed

to pay, failed to respond or defaulted in the payment of an

additional invoice issued under 74 Pa.C.S. § 8116(a) (relating

to collection and disposition of tolls and other revenue) or

8117(a)(1).

(f) Violations outside Commonwealth.--

(1) The department shall suspend the registration of a

vehicle upon the notification from a tolling entity that has

entered into an enforcement agreement with the department

as authorized under section 6146 (relating to enforcement

agreements) for any toll violation of that state or an

authority or for failure to pay any fine or costs imposed

in accordance with the laws of the jurisdiction in which the

violation occurred.

(2) An owner or registrant who provides proof

satisfactory to the department that the full amount of the

fine and costs has been forwarded to and received by the

other state may not be regarded as having failed to pay for

the purposes of this subsection.

(g) Documentation.--

(1) In any proceeding under this section, documents

obtained by the department from a tolling entity or from the

appropriate agency of the Commonwealth or another state shall

be admissible into evidence to support the department's case.

(2) The department may treat the documents and reports

as documents of the department and use any of the methods

of storage permitted under the provisions of 42 Pa.C.S. §

6109 (relating to photographic copies of business and public

records) and may reproduce the documents in accordance with

the provisions of 42 Pa.C.S. § 6103 (relating to proof of

official records).

(3) The department may certify that it has received or

obtained documents and reports from a tolling entity, the

Commonwealth or other states, and the certification shall

be prima facie proof of the facts contained in the documents

and reports.

(h) Statute of limitations.--No suspension may be imposed

based upon a violation of 74 Pa.C.S. § 8117(a)(1) or similar

provision from another state more than five years after the

violation is committed.

(i) Collection of out-of-State tolls.--The department or a

tolling entity may collect the civil penalties and tolls imposed

by an out-of-State tolling entity if the department or tolling

entity has entered into a reciprocity agreement that confirms

the following:

(1) The other state or tolling entity has its own

effective reciprocal procedure for collecting penalties and

tolls imposed by a Commonwealth tolling entity and agrees

to collect penalties and tolls of the Commonwealth tolling

entity by employing sanctions that include denial of an

owner's or registrant's right to register or reregister a

motor vehicle.

(2) The penalties, exclusive of tolls, claimed by the

other state or tolling entity against an owner or registrant

of a motor vehicle registered in this Commonwealth do not

exceed $100 for a first violation or $600 for all pending

violations.

(3) The other state or tolling entity provides due

process and appeal protections to avoid the likelihood that

a false, mistaken or unjustified claim will be pursued

against an owner or registrant.

(4) An owner or registrant of a motor vehicle registered

in this Commonwealth may present evidence to the other state

or tolling entity by mail, telephone, electronic means or

other means to invoke rights of due process without having

to appear personally in the jurisdiction where the violation

is alleged to have occurred.

(5) The reciprocal collection agreement between the

department or a tolling entity and the other state or tolling

entity provides that each party may charge the other a fee

sufficient to cover the costs of collection services,

including costs incurred by the agency that registers motor

vehicles.

(j) Definition.--As used in this section, the term "tolling

entity" means any of the following:

(1) The Pennsylvania Turnpike Commission.

(2) An entity authorized to impose and collect tolls

in accordance with any of the following:

(i) The laws of this Commonwealth.

(ii) The laws of another state.

(iii) The terms of an interstate compact or

agreement.

(3) An authorized agent of an entity under paragraph

(2).

(Nov. 4, 2016, P.L.1277, No.165, eff. 9 months; Nov. 3, 2022,

P.L.1734, No.112, eff. 60 days)

2022 Amendment. Act 112 amended subsecs. (a)(1), (c)(2),

(d), (e) and (h).

2016 Amendment. Act 165 added section 1380.

Cross References. Section 1380 is referred to in sections

1376, 1960, 6110.1 of this title.

CHAPTER 15

LICENSING OF DRIVERS

Subchapter

A. General Provisions

B. Comprehensive System for Driver Education and Control

C. Violations

D. Driver's License Compact

Enactment. Chapter 15 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977, unless otherwise noted.

Special Provisions in Appendix. See section 12 of Act 115

of 1994 in the appendix to this title for special provisions

relating to contracts with private entities.

See section 25 of Act 115 of 1996 in the appendix to this

title for special provisions relating to pilot programs for

decentralized services for motor vehicle and driver license

transactions.

Cross References. Chapter 15 is referred to in sections

1516, 1614, 1702 of this title; section 8613 of Title 20

(Decedents, Estates and Fiduciaries); section 4521.1 of Title

42 (Judiciary and Judicial Procedure).

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

1501. Drivers required to be licensed.

1502. Persons exempt from licensing.

1503. Persons ineligible for licensing; license issuance to

minors; junior driver's license.

1504. Classes of licenses.

1505. Learners' permits.

1506. Application for driver's license or learner's permit.

1507. Application for driver's license or learner's permit by

minor.

1508. Examination of applicant for driver's license.

1508.1. Physical examinations.

1509. Qualifications for school bus driver endorsement.

1510. Issuance and content of driver's license.

1511. Carrying and exhibiting driver's license on demand.

1512. Restrictions on drivers' licenses.

1513. Duplicate and substitute drivers' licenses and learners'

permits.

1514. Expiration and renewal of drivers' licenses.

1515. Notice of change of name or address.

1516. Department records.

1517. Medical Advisory Board.

1518. Reports on mental or physical disabilities or disorders.

1519. Determination of incompetency.

1520. Acknowledgment of littering provisions.

§ 1501. Drivers required to be licensed.

(a) General rule.--No person, except those expressly

exempted, shall drive any motor vehicle upon a highway or public

property in this Commonwealth unless the person has a driver's

license valid under the provisions of this chapter. As used in

this subsection, the term "public property" includes, but is

not limited to, driveways and parking lots owned or leased by

the Commonwealth, a political subdivision or an agency or

instrumentality of either.

(b) Persons in towed vehicles.--No person, except those

expressly exempted, shall steer or, while within the passenger

compartment of the vehicle, exercise any degree of physical

control of a vehicle being towed by a motor vehicle upon a

highway in this Commonwealth unless the person has a valid

driver's license under the provisions of this chapter for the

type or class of vehicle being towed.

receive a driver's license unless and until the person

surrenders to the department all valid licenses in the person's

possession issued by this or any other state. The department

shall either return surrendered licenses issued by another state

to that state or submit a list of the surrendered licenses to

the state, together with information that the person is licensed

in this Commonwealth. No person shall be permitted to have more

than one valid driver's license issued by this or any other

state at any time. A nonresident who holds a nonresident

commercial driver's license issued by the Commonwealth under

Chapter 16 (relating to commercial drivers) shall be permitted

to have a regular driver's license issued by the country of his

residence.

(d) Penalty.--Any person violating subsection (a) is guilty

of a summary offense and shall, upon conviction, be sentenced

to pay a fine of $200, except that, if the person charged

furnishes satisfactory proof of having held a driver's license

valid on the last day of the preceding driver's license period

and no more than one year has elapsed from the last date for

renewal, the fine shall be $25. No person charged with violating

subsection (a) or (b) shall be convicted if the person produces

at the office of the issuing authority within 15 days of the

violation:

(1) a driver's license valid in this Commonwealth at

the time of the violation; or

(2) if the driver's license is lost, stolen, destroyed

or illegible, evidence that the driver was licensed at the

time of the violation.

(July 1, 1981, P.L.202, No.63, eff. imd.; May 30, 1990, P.L.173,

No.42; Dec. 18, 1992, P.L.1411, No.174, eff. 60 days; Dec. 21,

1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 amended subsec. (c).

1992 Amendment. Act 174 amended subsec. (a).

1990 Amendment. Act 42 amended subsecs. (c) and (d),

effective November 1, 1990, as to subsec. (c) and 60 days as

to subsec. (d).

Special Provisions in Appendix. See section 4 of Act 143

of 1994 in the appendix to this title for special provisions

relating to habitual offenders.

Cross References. Section 1501 is referred to in sections

1511, 1532, 3732, 3732.1, 3735.1, 6309.1, 6503 of this title.

§ 1502. Persons exempt from licensing.

The following persons are not required to obtain a driver's

license under this chapter:

(1) Any employee of the Federal Government while

operating a motor vehicle owned by or leased to the Federal

Government and being operated on official business unless

the employee is required by the Federal Government or any

agency thereof to have a state driver's license. This

exemption shall not apply to the operation of commercial

motor vehicles, as defined in Chapter 16 (relating to

commercial drivers).

(2) Any person in the service of the armed forces of

the United States, including the reserve components, when

furnished with a valid military driver's license and

operating an official vehicle on official business.

(3) Any nonresident who is at least 16 years of age and

who has in possession a valid driver's license issued in the

person's home state or country except that a person who has

been issued a valid driver's license in a country other than

the United States or Canada shall be exempt only upon showing

a satisfactory understanding of official traffic-control

devices. A nonresident may only drive the class or classes

of vehicles in this Commonwealth for which the person is

licensed to drive in the person's home state or country

subject to all restrictions contained on the license.

(4) Any person on active duty in the armed forces of

the United States who has in their immediate possession a

valid driver's license issued in a foreign country by the

armed forces of the United States may operate a motor vehicle

in this Commonwealth for a period of not more than 45 days

from the date of the person's return to the United States.

(5) Any person 14 years of age or older operating an

implement of husbandry. Persons 14 or 15 years of age are

restricted to the operation of implements of husbandry on

one and two lane highways which bisect or immediately adjoin

the premises upon which such person resides.

(May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990)

1990 Amendment. Act 42 amended par. (1).

§ 1503. Persons ineligible for licensing; license issuance to

minors; junior driver's license.

(a) Persons ineligible for licensing.--The department shall

not issue a driver's license to, or renew the driver's license

of, any person:

(1) Whose operating privilege is suspended or revoked

in this or any other state.

(2) (Deleted by amendment).

(3) Who is a user of alcohol or any controlled substance

to a degree rendering the user incapable of safely driving

a motor vehicle. This paragraph does not apply to any person

who is enrolled or otherwise participating in a methadone

or other controlled substance treatment program approved by

the Department of Health provided that the person is

certified to be competent to drive by a physician designated

by the Department of Health.

(4) Who has been adjudged to be afflicted with or

suffering from any mental disability or disease and who has

not at the time of application been restored to competency

by the methods provided by law.

(5) Whose name has been submitted under the provisions

of section 1518 (relating to reports on mental or physical

disabilities or disorders).

(6) Who is required by the department to take an

examination until the person has successfully passed the

examination.

(7) Who is under 18 years of age except in accordance

with subsections (b) and (c).

(8) Who has repeatedly violated any of the provisions

of this chapter. The department shall provide an opportunity

for a hearing upon invoking this paragraph.

(9) Who is not a resident of this Commonwealth. This

paragraph shall not apply to an employee of the Federal or

State Government or the employee's immediate family or a

person in the service of the armed forces of the United

States or the person's immediate family.

(b) License issuance to minors.--The department shall issue

a driver's license to a person 17 years of age who:

(1) has successfully completed a driver's training

course approved by the department; and

(2) for a period of 12 months after passing the

examination under section 1505(e) (relating to learners'

permits) and receiving a junior driver's license:

(i) has not been involved in an accident reportable

under section 3746(a) (relating to immediate notice of

accident to police department) for which they are

partially or fully responsible in the opinion of the

department; or

(ii) has not been convicted of any violation of

this title.

junior driver's license to a person 16 or 17 years of age under

rules and regulations adopted by the department and subject to

the provisions of this section. A junior driver's license shall

automatically become a regular driver's license when the junior

driver attains 18 years of age.

(1) Except as provided in paragraph (2), no licensed

junior driver shall drive a vehicle upon a public highway

between 11 p.m. and 5 a.m. unless accompanied by a spouse

18 years of age or older, a parent or a person in loco

parentis.

(2) A licensed junior driver conforming to the

requirements of section 1507 (relating to application for

driver's license or learner's permit by minor) may drive a

vehicle upon a public highway between 11 p.m. and 5 a.m.

between the junior driver's home and activity or employment

or in the course of the junior driver's activity or

employment if the junior driver is a member of a volunteer

fire company authorized by the fire chief to engage in

fighting fires, is engaged in public or charitable service

or is employed and is carrying an affidavit or certificate

of authorization signed by the junior driver's fire chief,

supervisor or employer indicating the probable schedule of

the junior driver's activities. Upon termination of the

junior driver's activity or employment, the junior driver

shall surrender the affidavit or certificate to the fire

chief, supervisor or employer. If the junior driver shall

fail to surrender the affidavit or certificate, the employer,

fire chief or supervisor shall immediately notify the

Pennsylvania State Police.

(2.1) For the first six months after issuance of the

junior driver's license, a junior driver shall not drive a

vehicle with more than one passenger under 18 years of age

who is not a member of the driver's immediate family unless

the junior driver is accompanied by a parent or legal

guardian. After the expiration of the first six months, a

junior driver shall not drive a vehicle with more than three

passengers under 18 years of age who are not members of the

driver's immediate family unless the junior driver is

accompanied by a parent or legal guardian. A junior driver

shall not drive a vehicle with more than one passenger under

18 years of age who is not a member of the driver's immediate

family unless the junior driver is accompanied by a parent

or legal guardian if the junior driver has been involved in

an accident reportable under section 3746(a) for which the

junior driver is partially or fully responsible in the

opinion of the department or has been convicted of any

violation of this title. For purposes of this paragraph, a

junior driver's immediate family shall include brothers,

sisters, stepbrothers or stepsisters of the driver, including

adopted or foster children residing in the same household

as the junior driver.

(3) In addition to the other provisions of this title

relating to the suspension or revocation of operating

privileges, in the event that a licensed junior driver is

involved in an accident reportable under section 3746(a) for

which the junior driver is partially or fully responsible

in the opinion of the department or is convicted of any

violation of this title, the department may suspend the

operating privileges of the junior driver until the junior

driver attains 18 years of age or for a period of time not

exceeding 90 days.

(4) Any junior driver or other person violating any

provision of this subsection is guilty of a summary offense.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; June 25, 1999,

P.L.164, No.23; Dec. 9, 2002, P.L.1278, No.152, eff. 120 days;

Oct. 25, 2011, P.L.334, No.81, eff. 60 days)

2011 Amendment. Act 81 amended subsec. (c). The preamble

to Act 81 provided that the part of Act 81 that limits the

number of passengers a junior driver may transport in a motor

vehicle at one time may be referred to as Lacey's Law in honor

of Lacey Gallagher.

2002 Amendment. Act 152 added subsec. (a)(9).

1999 Amendment. Act 23 amended the entire section, effective

in 60 days as to subsec. (c)(1) and (2) and 180 days as to the

remainder of the section.

Cross References. Section 1503 is referred to in sections

1504, 1533, 1550, 4581 of this title.

§ 1504. Classes of licenses.

(a) Proper class of license required.--No person shall drive

any motor vehicle upon a highway in this Commonwealth unless

the person has a valid driver's license for the type or class

of vehicle being driven.

(b) Notation of class on license.--The department upon

issuing a driver's license shall indicate on the license the

type or general class or classes of vehicle or vehicles the

licensee may operate in accordance with the provisions of

subsection (c).

(1) The department shall establish by regulation the

qualifications necessary for the safe operation of the

various types, sizes or combinations of vehicles and the

manner of examining applicants to determine their

qualifications for the type or general class of license

applied for.

(2) The qualifications for the safe operation of an

autocycle shall be the same as for any single vehicle with

a gross vehicle weight rating of not more than 26,000 pounds

or any combination of vehicles that does not meet the

definition of either Class A or Class B of this section.

(d) Number and description of classes.--Licenses issued by

the department shall be classified in the following manner:

(1) Class A.--A Class A license shall be issued to those

persons 18 years of age or older who have demonstrated their

qualifications to operate any combination of vehicles with

a gross vehicle weight rating of 26,001 pounds or more,

provided the gross vehicle weight rating of the vehicle or

vehicles being towed is in excess of 10,000 pounds.

(i) The holder of a Class A license shall be deemed

qualified to operate those vehicles for which a Class B

or Class C license is issued.

(ii) Where required under this title, appropriate

endorsements must be obtained.

(2) Class B.--A Class B license shall be issued to those

persons 18 years of age or older who have demonstrated their

qualifications to operate any single vehicle with a gross

vehicle weight rating of 26,001 pounds or more or any such

vehicle towing a vehicle having a gross vehicle weight rating

of not more than 10,000 pounds.

(i) The holder of a Class B license shall be deemed

qualified to operate those vehicles for which a Class C

license is issued.

(ii) Where required under this title, appropriate

endorsements must be obtained.

(3) Class C.--A Class C license shall be issued to those

persons 18 years of age or older, except as provided in

section 1503 (relating to persons ineligible for licensing;

license issuance to minors; junior driver's license), who

have demonstrated their qualifications to operate any single

vehicle, except those vehicles requiring a Class M

qualification, with a gross vehicle weight rating of not

more than 26,000 pounds or any combination of vehicles,

except combination vehicles involving motorcycles, that does

not meet the definition of either Class A or Class B of this

section.

(i) Where required under this title, appropriate

endorsements must be obtained.

(ii) Any firefighter who is the holder of a Class

C license and who has a certificate of authorization

from his fire chief shall be authorized to operate any

fire or emergency vehicle registered to the fire

department or municipality, regardless of the other

requirements of this section as to the class of license

required. No fire chief, fire department, including any

volunteer fire company, or municipality shall be liable

for any civil damages as a result of the issuance of a

certificate authorized under this paragraph unless such

act constituted a crime, actual fraud, actual malice or

willful misconduct.

(iii) Any member of a rescue or emergency squad who

is the holder of a Class C license and who has a

certificate of authorization from the head of the rescue

or emergency squad shall be authorized to operate any

rescue or emergency vehicle equipped with audible and

visual signals registered to the rescue or emergency

squad or municipality, regardless of the other

requirements of this section as to the class of license

required. No head of a rescue or emergency squad, the

rescue or emergency squad or municipality shall be liable

for any civil damages as a result of the issuance of a

certificate of authorization under this paragraph unless

such issuance constituted a crime, actual fraud, actual

malice or willful misconduct.

(iv) The holder of a Class C license shall also be

authorized to drive a motor-driven cycle with an

automatic transmission and cylinder capacity not

exceeding 50 cubic centimeters, a three-wheeled

motorcycle equipped with an enclosed cab or an autocycle,

but not a motorcycle unless the license is endorsed, as

provided in this title.

(4) Class M.--

(i) A Class M license shall be issued to those

persons who have demonstrated their qualifications to

operate a motorcycle. A Class M license accompanied by

an endorsement shall be issued to those persons who have

demonstrated their qualifications to operate a

motor-driven cycle. If a person is qualified to operate

only a motorcycle or motor-driven cycle, he shall be

issued only a Class M license or a Class M license with

an endorsement, as applicable.

(ii) This paragraph shall not apply to an autocycle.

(d.1) Operation of covered farm vehicle.--Notwithstanding

the requirements of subsection (d) relating to class of license

required, any driver who is the holder of a Class A, B or C

license under this section shall be authorized to operate a

covered farm vehicle.

(e) Removal of class from license.--A person with a license

endorsed for a class may, upon request, have the endorsement

removed by the department without prejudice.

(f) Penalty.--Except as provided under subsection (d.1), a

person who violates subsection (a) commits a summary offense

and shall, upon conviction, be sentenced to pay a fine of up

to $200, except that, if the person charged furnishes

satisfactory proof of having held the proper class of license

valid on the last day of the preceding driver's license period

and no more than six months have elapsed from the last date for

renewal, the fine shall be $25. No person charged with violating

subsection (a) shall be convicted if the person produces at the

office of the issuing authority within 15 days of the violation:

(1) a valid driver's license for the type or class of

vehicle being driven in this Commonwealth at the time of the

violation; or

(2) if the driver's license is lost, stolen, destroyed

or illegible, evidence that the driver was licensed for the

type or class of vehicle being driven at the time of the

violation.

(Feb. 15, 1980, P.L.12, No.8, eff. imd.; July 8, 1986, P.L.432,

No.90, eff. 60 days; May 30, 1990, P.L.173, No.42, eff. Nov.

1, 1990; Apr. 16, 1992, P.L.169, No.31, eff. 60 days; May 21,

1992, P.L.246, No.39, eff. imd.; June 25, 1999, P.L.164, No.23,

eff. 180 days; May 25, 2016, P.L.248, No.34, eff. 60 days; June

28, 2019, P.L.212, No.22, eff. 60 days; Nov. 17, 2021, P.L.444,

No.90, eff. imd.)

2021 Amendment. Act 90 amended subsec. (f) intro. par. and

added subsec. (d.1).

2019 Amendment. Act 22 added subsec. (f).

2016 Amendment. Act 34 amended subsecs. (c) and (d).

Cross References. Section 1504 is referred to in sections

1505, 1550, 1606 of this title.

§ 1505. Learners' permits.

(a) General rule.--A person who desires to obtain a driver's

license or who desires to be licensed in a class for which the

person is not already licensed shall apply to the department

for the class or classes of license in which the person desires

to be licensed. The department shall issue to each applicant a

learner's permit which shall clearly identify the class of

license applied for as provided in section 1504 (relating to

classes of licenses).

(b) Learner must be accompanied.--A learner's permit

entitles the person to whom it was issued to drive vehicles and

combinations of vehicles of the class or classes specified, but

only while the holder of the learner's permit is accompanied

by and under the immediate supervision of a person who:

(1) is at least 21 years of age or, if the spouse of

the learner's permit holder, is at least 18 years of age;

or, if a parent, guardian or person in loco parentis of the

learner's permit holder, is at least 18 years of age;

(2) is licensed to drive vehicles of the class then

being driven by the holder of the learner's permit;

(3) is actually occupying a seat beside the holder of

the learner's permit unless the vehicle is a motorcycle; and

(4) is not manifestly under the influence of alcohol

or drugs to the degree that the person may endanger

themselves or others.

entitles the person to whom it is issued to operate a motorcycle

only between sunrise and sunset and, except for a driver

licensed to drive another class of vehicle, only while under

the instruction and immediate supervision of a licensed

motorcycle operator. Motorcycle learners shall not carry any

passenger other than an instructor properly licensed to operate

a motorcycle.

(d) Duration of permit.--

(1) A learner's permit shall be valid for a period of

one year after date of issue, or until the holder of the

permit has failed the examination as authorized in section

1508 (relating to examination of applicant for driver's

license) three times within the one-year period.

(2) A person may reapply for a motorcycle learner's

permit no more frequently than three times in a five-year

period from when the person first applies. A motorcycle

learner's permit is not renewable.

(e) Authorization to test for driver's license and junior

driver's license.--A person with a learner's permit is

authorized to take the examination for a regular or junior

driver's license for the class of vehicle for which a permit

is held. Before a person under the age of 18 years may take the

examination for a junior driver's license, including a Class M

license to operate a motorcycle, the minor must:

(1) Have held a learner's permit for that class of

vehicle for a period of six months.

(2) Present to the department a certification form

signed by the father, mother, guardian, person in loco

parentis or spouse of a married minor stating that the minor

applicant has:

(i) completed 65 hours of practical driving

experience accompanied as required under subsection (b);

(ii) except for a Class M license to operate a

motorcycle, the 65 hours included no less than ten hours

of nighttime driving and five hours of inclement weather

driving; and

(iii) printed, at the department's discretion, or

viewed educational materials provided on the department's

publicly accessible Internet website on the dangers of

distracted driving, which may include, but are not

limited to, written, electronic or video materials.

(3) Have the certification form completed when the minor

is ready for the licensing examination. The certification

form shall be developed by the department and will be

provided by the department when the original application for

a learner's permit is processed. The department will make

this form readily available through the mail or electronic

means.

(4) For a Class M license to operate a motorcycle,

present evidence of successful completion of the

department-approved motorcycle safety course.

(f) Filing a false certification.--Any person who knowingly

files a false certification commits a summary offense under

section 6502 (relating to summary offenses).

(g) Liability.--Submission of a certification under

subsection (e)(2) shall not subject the parent, guardian, person

in loco parentis or spouse of a married minor to any liability

based upon the certification.

(h) Requirements for a bioptic telescope learner's

permit.--An individual with visual acuity less than 20/100

combined visual acuity but at least 20/200 visual acuity in the

best corrected eye shall be eligible to apply for a bioptic

telescope learner's permit, provided the individual meets the

following:

(1) The applicant is given a complete vision

examination, including plotted visual fields, and meets the

visual requirements necessary for bioptic telescope driving.

(2) The applicant has color vision sufficient to respond

correctly to the presence of, or changes in, traffic light

color, pavement markings, road signs, turn indicators, brake

lights, emergency flashers or the presence of other road

users, including emergency vehicles, as determined by a

qualified health care provider.

(3) The applicant provides proof of having a

prescription bioptic telescope lens system in the applicant's

physical possession for at least three months, and a

statement of successful completion of at least 10 hours of

front seat passenger-in-car instruction while wearing a

bioptic telescope by a low-vision rehabilitation specialist.

(4) The applicant provides a letter of enrollment with

a low-vision rehabilitation specialist.

(5) Bioptic telescope correction is no greater than a

6X telescope and firmly fixed in the glasses or attached

permanently to the bridge of the frame.

(i) Issuance of bioptic telescope learner's permit.--

(1) Upon application by an eligible individual, the

department shall issue a bioptic telescope learner's permit

authorizing the permittee to drive only while wearing a

bioptic telescope lens and during 30 minutes after sunrise

through 30 minutes before sunset only.

(2) The bioptic telescope learner's permit shall be

valid for 12 months.

(j) Authorization to test for driver's license with bioptic

telescopes.--The following shall apply:

(1) Before an individual with a bioptic telescope

learner's permit may take the examination for a driver's

license, the individual must:

(i) Obtain a minimum of 20 hours of behind-the-wheel

driver training using a bioptic telescope with a

certified driving instructor or certified driver

rehabilitation specialist knowledgeable in the use of a

bioptic telescope for driving.

(ii) After completion of the training under

subparagraph (i), complete a minimum of 45 hours of

observed driving hours with a licensed driver who is at

least 21 years of age. The driving under this paragraph

must include five hours of adverse weather driving.

(iii) After completion of the training and driving

under subparagraphs (i) and (ii), the permittee must be

reevaluated by a low-vision rehabilitation specialist.

Based on the reevaluation, the low-vision rehabilitation

specialist may recommend the department schedule the

permittee for an on-road driving examination administered

by the department.

(2) Paragraph (1)(ii) may be waived for experienced

drivers with stable visual acuity and fields of vision and

a clean driving record based on the recommendation of a

low-vision rehabilitation specialist.

(May 21, 1992, P.L.245, No.38, eff. 60 days; June 25, 1999,

P.L.164, No.23, eff. 180 days; July 15, 2004, P.L.694, No.75,

eff. 60 days; Oct. 25, 2011, P.L.334, No.81, eff. 60 days; July

2, 2012, P.L.735, No.84; Dec. 23, 2013, P.L.1251, No.126, eff.

60 days; Oct. 24, 2018, P.L.925, No.153, eff. 60 days; Nov. 25,

2020, P.L.1246, No.131, eff. 10 mos.; June 5, 2024, P.L.366,

No.18, eff. 12 mos.)

2024 Amendment. Act 18 amended subsec. (e)(2). The preamble

of Act 18 provided that Act 18 may be referred to as Paul

Miller's Law.

2020 Amendment. Act 131 added subsecs. (h), (i) and (j).

2018 Amendment. Act 153 amended subsec. (b).

2013 Amendment. Act 126 amended subsec. (d).

2012 Amendment. Act 84 amended subsec. (e) and added subsec.

(g), effective in 60 days as to subsec. (e) and 90 days as to

the remainder of the section.

Cross References. Section 1505 is referred to in sections

1503, 1508, 1512, 1554, 1607 of this title.

§ 1506. Application for driver's license or learner's permit.

(a) Form and content.--Every application for a learner's

permit or driver's license shall be made upon a form furnished

by the department and shall contain such information as the

department may require to determine the applicant's identity,

competency and eligibility. The form may also provide for

inclusion of personal medical information and other information

of use in an emergency.

(a.1) Noncitizen application.--A person who is not a citizen

of the United States may apply for a Pennsylvania driver's

license upon establishing the person's lawful presence in the

United States and this Commonwealth. The department may issue

a license if the person will lawfully be in the United States

for a period of one year or more after the date of the

application or for a shorter period of time if deemed

appropriate by the department.

(b) Signature and certification.--The application shall be

signed by the applicant who shall certify that the statements

made are true and correct.

(Dec. 9, 2002, P.L.1278, No.152, eff. 270 days)

2002 Amendment. Act 152 added subsec. (a.1).

Cross References. Section 1506 is referred to in sections

1510, 1514 of this title.

§ 1507. Application for driver's license or learner's permit

by minor.

(a) Signature of parent or guardian.--The application of

any person under the age of 18 years for a learner's permit or

driver's license shall also be signed by the father, mother,

guardian or person in loco parentis which signature shall be

verified before a person authorized to administer oaths or

before an authorized department employee.

(b) Signature of spouse of married minor.--The application

of any married person under the age of 18 years may be signed

by the spouse, if the spouse is at least 18 years of age, and

verified before a person authorized to administer oaths.

the application shall certify that the statements made thereon

are true and correct to the best of the applicant's knowledge,

information and belief and that the person consents to the

issuance of the driver's license or learner's permit.

(d) Withdrawal of consent.--Any person who has signed the

application of a person under the age of 18 years for a driver's

license or learner's permit may thereafter file with the

department a verified written request that the driver's license

or learner's permit of the person be cancelled and the

department shall cancel the driver's license or learner's

permit.

Cross References. Section 1507 is referred to in section

1503 of this title.

§ 1508. Examination of applicant for driver's license.

(a) General rule.--Every applicant for a driver's license

shall be examined for the type or class of vehicles that the

applicant desires to drive. The examination shall include a

physical examination, a screening test of the applicant's

eyesight and a test of the applicant's ability to read and

understand official traffic-control devices, knowledge of safe

driving practices and the traffic laws of this Commonwealth,

and shall include an actual demonstration of ability to exercise

ordinary and reasonable control in the operation of a motor

vehicle of the type or class of vehicles for which the applicant

desires a license to drive. If the department finds it necessary

to further determine an applicant's fitness to operate a motor

vehicle safely upon the highways the department may require one

or more of the following types of examinations:

(1) A vision examination by an optometrist or

ophthalmologist.

(2) A physical examination pursuant to section 1508.1

(relating to physical examinations).

(3) A mental examination.

(b) Issuance of license to licensed nonresident.--A driver's

license may be issued to a person who has not had a learner's

permit but who at the time of application is of sufficient age

and has either a valid driver's license issued by another state

or a license issued by another state which has expired within

six months of the date of application under a law of that state

requiring the examination and licensing of drivers, providing

that the applicant demonstrates visual fitness. Also, the

department must be satisfied that the applicant's experience

in driving vehicles which may be driven by holders of the

classes of licenses sought by the applicant is sufficient to

justify the issuance of the license without further

behind-the-wheel training.

(b.1) Issuance of bioptic telescope driver's license to

licensed nonresident.--

(1) A driver wishing to transfer the driver's

out-of-state bioptic telescope driver's license to this

Commonwealth must satisfy all the bioptic telescope-related

requirements in section 1505 (relating to learners' permits).

(2) The department may grant a waiver of the

requirements under paragraph (1), provided the following

conditions are met:

(i) The individual shows proof of at least three

years of experience driving with a valid bioptic

telescope driver's license.

(ii) The individual shows proof of a clean driving

record for the previous three years prior to application

for a driver's license in this Commonwealth with bioptic

telescope restrictions.

(3) The individual has been assessed by a low-vision

rehabilitation specialist. The low-vision rehabilitation

specialist must determine whether the individual demonstrates

the appropriate skills to operate a motor vehicle safely

while using bioptic telescopes.

examination shall contain at least one question relating to the

driver's ability to understand the effects of alcohol and drug

use on highway safety or the provisions of section 1547

(relating to chemical testing to determine amount of alcohol

or controlled substance). The driver's manual shall include a

section relating to the effects of alcohol and drug use on

highway safety, along with the related penalties.

(c.1) Distracted driving awareness.--The portion of the

examination on traffic laws shall contain at least one question

on distracted driving relating to the driver's ability to

understand the effects of distracted driving. The driver's

manual shall include a section relating to distracted driving,

along with related penalties.

(d) Police pursuit awareness.--The driver's manual shall

include a section summarizing the risks involved in fleeing or

attempting to elude a police officer. The section shall also

summarize the related penalties for a violation of section 3733

(relating to fleeing or attempting to elude police officer).

(e) Third-party testing.--The department may authorize a

third party to administer the portion of the examination that

demonstrates the applicant's ability to exercise ordinary and

reasonable control in the operation of a motor vehicle of the

type or class of vehicles for which the applicant desires a

license to drive. Third-party providers shall only administer

exams required in this section if:

(1) The test is the same test as that which would

otherwise be administered by the department.

(2) The third party has entered into an agreement with

the department and the agreement has not been terminated by

the department.

(f) Layoffs.--No layoffs shall occur in the classifications

known as Driver License Examiner, Driver License Examiner

Assistant and Driver License Center Supervisor as a result of

third-party testing under subsection (e).

(g) Autocycles not to be used.--No applicant for a driver's

license may use an autocycle for the actual demonstration of

ability to exercise ordinary and reasonable control in the

operation of a motor vehicle of the type or class of vehicles

for which the applicant desires a license to drive.

(July 9, 1986, P.L.544, No.96, eff. 60 days; Dec. 27, 1994,

P.L.1337, No.154; Dec. 10, 1996, P.L.925, No.149, eff. 60 days;

Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Oct. 22, 2014,

P.L.2635, No.170, eff. 60 days; May 25, 2016, P.L.248, No.34,

eff. 60 days; Nov. 25, 2020, P.L.1246, No.131, eff. 10 mos.;

June 5, 2024, P.L.366, No.18, eff. 12 mos.)

2024 Amendment. Act 18 added subsec. (c.1). The preamble

of Act 18 provided that Act 18 may be referred to as Paul

Miller's Law.

2020 Amendment. Act 131 added subsec. (b.1).

2016 Amendment. Act 34 added subsec. (g).

2014 Amendment. Act 170 added subsecs. (e) and (f).

1998 Amendment. Act 151 amended subsec. (b).

1996 Amendment. Act 149 amended subsec. (a).

1994 Amendment. Act 154 added subsec. (d), effective on

December 27, 1995, or on the date of publication in the

Pennsylvania Bulletin of notice that the driver's manual has

been reprinted, whichever is earlier.

1986 Amendment. Act 96 added subsec. (c).

Cross References. Section 1508 is referred to in sections

1505, 1514, 1538, 1554 of this title.

§ 1508.1. Physical examinations.

(a) Authorization to conduct examinations.--The department

shall promulgate regulations to authorize specific classes of

licensed practitioners of the healing arts, to include, but not

be limited to, physicians, chiropractors, physician assistants

and certified registered nurse practitioners, to conduct

examinations required for the issuance of a driver's license

and a school bus driver endorsement.

(b) Definition.--As used in this section, the term

"chiropractor" means a chiropractor acting within the scope of

practice contained in the act of December 16, 1986 (P.L.1646,

No.188), known as the Chiropractic Practice Act.

(Dec. 10, 1996, P.L.925, No.149, eff. 60 days; July 15, 2004,

P.L.698, No.76, eff. 60 days)

2004 Amendment. Section 2 of Act 76 provided that any

regulations of the Department of Transportation that are

inconsistent with Act 76 are hereby abrogated to the extent of

that inconsistency.

Cross References. Section 1508.1 is referred to in sections

1508, 1509 of this title.

§ 1509. Qualifications for school bus driver endorsement.

(a) School bus driver requirements.--No person shall be

issued an endorsement to operate a school bus unless the person:

(1) has successfully completed a course of instruction

as provided in subsection (c);

(2) has satisfactorily passed a physical examination

to be given in accordance with rules and regulations

promulgated and adopted by the department;

(3) is 18 years of age or older; and

(4) is qualified to operate school buses in accordance

with this title and the rules and regulations promulgated

and adopted by the department.

(b) Proof of physical and vision examination.--Every school

bus driver shall carry a certificate issued by an examining

physician or practitioner recognized by the department pursuant

to section 1508.1 (relating to physical examinations),

indicating that the person has passed the prescribed physical

examination, including an examination of the eyes, within the

preceding 13 months. The vision examination may be made by an

optometrist or ophthalmologist.

shall establish standards for a basic course and a refresher

course for school bus drivers. The courses shall be conducted

by school districts or groups of school districts or any State

or Federal transportation association of school bus operators

designated by the school district on a continuing basis, with

the costs and responsibility for completion of the training to

be borne by the school district or private or parochial school

for which the drivers operate.

(May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; Dec. 10, 1996,

P.L.925, No.149, eff. 60 days; Oct. 22, 2015, P.L.199, No.49,

eff. 60 days)

2015 Amendment. Act 49 amended subsecs. (a) and (b).

Cross References. Section 1509 is referred to in section

1550 of this title.

§ 1510. Issuance and content of driver's license.

(a) General rule.--The department shall, upon payment of

the required fee, issue to every qualified applicant a driver's

license indicating the type or general class of vehicles the

licensee is authorized to drive and any endorsements or

restrictions, which license, except as provided in subsection

(j), shall contain a distinguishing number assigned by the

department to the licensee, the actual name, date of birth,

residence address, a color photograph or photographic facsimile

of the licensee, such other information as may be required by

the department, and either a facsimile of the signature of the

licensee or a space upon which the licensee shall write his

usual signature with pen and ink. Program participants in the

Address Confidentiality Program under 23 Pa.C.S. Ch. 67

(relating to domestic and sexual violence victim address

confidentiality) may use a substitute address designated by the

Office of Victim Advocate as their address. Personal medical

data and other information for use in an emergency may be

included as a part of the license. Information other than that

required to identify the licensee, the distinguishing number

and the class of license issued may be included in microdata

form. Except as provided in subsection (f), an applicant shall

include his Social Security number on his license application,

but the Social Security number shall not be included on the

license. No driver's license shall be valid until it has been

signed by the licensee.

(a.1) Veteran's driver's license designation.--

(1) Beginning as soon as practicable, but no later than

18 months following the effective date of this subsection,

the department shall issue a driver's license or

identification card that clearly indicates that the person

is a veteran of the United States Armed Forces. A qualified

applicant is an individual who has served in the United

States Armed Forces, including a reserve component or the

National Guard, and who was discharged or released from such

service under conditions other than dishonorable.

(2) Upon receipt of an application from a qualified

applicant accompanied by such documentation as the department

shall require, the department shall independently validate

the documentation and immediately issue to the veteran a

driver's license or identification card displaying a veteran

designation without submitting the application or

documentation to the Department of Military and Veterans

Affairs for review, approval or validation. There shall be

no fee for the veteran designation, but the qualified

applicant must pay any renewal or duplicate driver's license

or identification card fees.

(3) The department and the Department of Military and

Veterans Affairs shall enter into an agreement whereby the

Department of Military and Veterans Affairs shall reimburse

the Motor License Fund for the department's actual costs of

the issuance of a veteran's designation on drivers' licenses

and identification cards. Reimbursement shall be paid from

the Veterans' Trust Fund or such other funds available for

this purpose.

(4) A person who falsely represents himself as a veteran

of the United States Armed Forces on an application for a

driver's license or identification card is subject to the

penalty under 18 Pa.C.S. § 4904(b) (relating to unsworn

falsification to authorities).

(b) Identification card.--The department shall, upon payment

of the required fee, issue an identification card to any person

ten years of age or older who has made application therefor in

such manner as the department shall prescribe or whose driver's

license has been surrendered to the department because of a

suspension or revocation of an operating privilege under this

or any other title. Program participants in the Address

Confidentiality Program under 23 Pa.C.S. Ch. 67 may use a

substitute address designated by the Office of Victim Advocate

as their address. Except as provided in subsection (j), the

identification card shall have substantially the same content

as a driver's license but shall clearly indicate that it is not

a driver's license. Upon failure of any person to pass any

examination required under section 1514 (relating to expiration

and renewal of drivers' licenses), the department shall, where

appropriate, issue a complimentary identification card as an

expression of gratitude for years of safe driving. The card

shall only be issued upon receipt of the person's driver's

license.

anatomical organ donor and who has in his possession a card

issued by the recipient organization may attach the card to the

reverse side of his driver's license or identification card in

such a way as to permit the removal of this card should the

person no longer desire to be designated as an anatomical donor.

Any person may also attach to the reverse side of his driver's

license or identification card a symbol provided by the

Department of Health designating a person to be an anatomical

donor. The department shall distribute such symbols at all photo

license centers and shall make such symbols available in

quantity to any political subdivision or organization on

request. Information concerning registered donor status may be

included as a part of the person's personal medical data.

(d) Medical history record.--Any person may attach to the

reverse side of his driver's license or identification card

information relating to his personal medical history.

(e) Use of identification cards.--If a person has an

established policy of accepting a driver's license issued

pursuant to subsection (a) for the purpose of identification

for the acceptance of a check given for payment of purchase or

for the cashing of a check, the person shall also accept an

identification card issued pursuant to subsection (b) for the

same purpose. It shall be a defense to a prosecution under this

subsection that the person was not presented with notice of the

provisions of this subsection.

(f) Waiver.--Notwithstanding the provisions of subsection

(a), the department shall issue a driver's license to an

otherwise eligible person who has no Social Security number if

the person submits a waiver obtained from the Federal Government

permitting him not to have a Social Security number. The

department may require other identifiers, including, but not

limited to, a taxpayer identification number, before issuing

the license.

(g) Completion of process.--

(1) For purposes of the National Voter Registration Act

of 1993 (Public Law 103-31, 42 U.S.C. § 1973gg et seq.),

this subsection applies to statutes requiring determination

of completion of the licensing process.

(2) The process of issuing a driver's license is

complete when a license bearing the licensee's photograph,

photographic facsimile or image has been issued by the

department.

(h) Sale of photographs prohibited.--Neither the department

nor any person under contract with the department shall sell

photographs of holders of a driver's license or identification

card for any commercial purpose.

(i) Issuance to noncitizens.--A license issued in accordance

with section 1506(a.1) (relating to application for driver's

license or learner's permit) may contain an indication that the

license was issued to the person who is not a citizen of the

United States and who has credentials or documents issued by

the Immigration and Naturalization Service or its successor.

(j) Undercover credential.--The department may issue an

undercover credential to Federal, State or local law enforcement

officials. The department may establish guidelines concerning

the issuance of such undercover credentials and shall take all

reasonable steps to ensure the confidentiality of these licenses

and their issuance.

(June 23, 1982, P.L.605, No.171, eff. imd.; May 1, 1984,

P.L.224, No.48, eff. 60 days; July 9, 1986, P.L.544, No.96,

eff. 120 days; May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990;

June 11, 1992, P.L.266, No.47, eff. imd.; June 28, 1993,

P.L.137, No.33, eff. 60 days; Dec. 7, 1994, P.L.820, No.115,

eff. 60 days; June 26, 2001, P.L.734, No.75, eff. 60 days; Dec.

9, 2002, P.L.1278, No.152, eff. 270 days; Nov. 30, 2004,

P.L.1474, No.188, eff. 180 days; Nov. 29, 2006, P.L.1449,

No.159, eff. 3 years; Nov. 26, 2008, P.L.1658, No.133, eff. 60

days; Oct. 24, 2012, P.L.1414, No.176, eff. 60 days; July 10,

2015, P.L.159, No.32, eff. 60 days; July 23, 2020, P.L.698,

No.74, eff. 60 days)

2020 Amendment. Act 74 amended subsec. (a.1)(2).

2015 Amendment. Act 32 amended subsec. (a.1).

2008 Amendment. Act 133 amended subsecs. (a) and (b) and

added subsec. (j).

2002 Amendment. Act 152 added subsec. (i).

2001 Amendment. Act 75 added subsec. (h).

1994 Amendment. Act 115 amended subsec. (b) and added

subsec. (g).

1992 Amendment. Act 47 added subsec. (f).

1986 Amendment. Act 96 added subsec. (e).

1984 Amendment. Act 48 amended subsec. (c).

Cross References. Section 1510 is referred to in sections

1554, 1951 of this title; section 9503 of Title 13 (Commercial

Code); section 1323 of Title 25 (Elections); section 1721 of

Title 51 (Military Affairs).

§ 1511. Carrying and exhibiting driver's license on demand.

(a) General rule.--Every licensee shall possess a driver's

license issued to the licensee at all times when driving a motor

vehicle and shall exhibit the license upon demand by a police

officer, and when requested by the police officer the licensee

shall write the licensee's name in the presence of the officer

in order to provide identity.

(b) Production to avoid penalty.--No person shall be

convicted of violating this section or section 1501(a) (relating

to drivers required to be licensed) if the person:

(1) produces at the headquarters of the police officer

who demanded to see the person's license, within 15 days of

the demand, a driver's license valid in this Commonwealth

at the time of the demand; or

(2) if a citation has been filed, produces at the office

of the issuing authority, within 15 days of the filing of

the citation, a driver's license valid in this Commonwealth

on the date of the citation.

(May 30, 1990, P.L.173, No.42, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 amended subsec. (b).

§ 1512. Restrictions on drivers' licenses.

(a) General rule.--The department upon issuing a driver's

license shall have authority whenever good cause appears to

impose restrictions suitable to the licensee's driving ability

with respect to special mechanical control devices required on

a motor vehicle which the licensee may operate or such other

restrictions applicable to the licensee as the department may

determine to be appropriate to assure the safe operation of a

motor vehicle by the licensee.

(b) Compliance with restrictions.--No person shall operate

a motor vehicle in any manner in violation of the restrictions

imposed.

meets the bioptic telescope learner's permit requirements and

successfully passes a driver's examination administered by the

department, the individual may be issued a restricted license

with the following restrictions:

(1) The individual's driving privilege is limited to

roads other than freeways.

(2) The individual's driving privilege is limited to

passenger vehicles weighing no more than 10,000 pounds and

excludes operation of a motorcycle.

(3) If determined by the department or low-vision

rehabilitation specialist to be appropriate, the individual's

driving privilege may be limited to driving within a limited

radius of the individual's residence.

(4) If the individual has visual acuity of less than

20/50 vision using bioptic telescope lenses while driving,

the individual may drive in daylight hours only.

(5) If the applicant has visual acuity of 20/40 or

better vision using bioptic telescope lenses while driving,

the individual may apply for nighttime driving after one

year, provided:

(i) the individual has committed no violations of

this title and had no accidents reported during that

year; and

(ii) the individual is reevaluated by a certified

driving instructor or certified driver rehabilitation

specialist knowledgeable in the use of bioptic telescopes

for driving, and the instructor or specialist recommends

allowing nighttime driving.

(6) A violation of a condition or limitation in this

subsection shall result in the recall of the bioptic

telescope license. An annual review of the individual's

accident and violation history shall be conducted by the

department. The bioptic telescope license may be recalled

if the department determines that the individual was involved

in an at-fault accident or convicted of two moving violations

committed within a one-year period. A bioptic telescope

licensee shall be subject to an annual vision assessment to

determine whether the licensee's vision continues to meet

the bioptic telescope-related vision standards in section

1505 (relating to learners' permits).

(Nov. 25, 2020, P.L.1246, No.131, eff. 10 mos.)

2020 Amendment. Act 131 added subsec. (c).

Cross References. Section 1512 is referred to in section

1535 of this title.

§ 1513. Duplicate and substitute drivers' licenses and

learners' permits.

(a) General rule.--If a learner's permit or driver's license

issued under the provisions of this chapter is mutilated, lost,

stolen, destroyed or becomes illegible, the person to whom it

was issued, upon furnishing proof satisfactory to the department

that the license or permit has been mutilated, lost, stolen,

destroyed, or has become illegible, shall obtain a duplicate

or substitute license or permit upon payment of the required

fee.

(b) Return of original.--If a duplicate or substitute

learner's permit or driver's license has been issued, any person

who finds or otherwise obtains possession of the original shall

return the original to the department.

§ 1514. Expiration and renewal of drivers' licenses.

(a) General rule.--Every driver's license shall expire on

the day after the licensee's birthdate at intervals of not more

than four years as may be determined by the department. Every

license shall be renewable on or before its expiration upon

application, payment of the required fee, and satisfactory

completion of any examination required or authorized by this

chapter.

(b) Examination of applicants for renewal.--The department

may require persons applying for renewal of a driver's license

to take and successfully pass a physical examination or a vision

examination by an optometrist or ophthalmologist, or both

examinations, if the department has reason to believe, either

based on knowledge of the person or on statistical inference,

that the person may be a traffic safety hazard. The department

may require the applicant to take and successfully pass such

additional tests as the department may find reasonably necessary

to determine the applicant's qualification according to the

type or general class of license applied for and such

examination may include any or all of the other tests required

or authorized upon original application by section 1508

(relating to examination of applicant for driver's license).

Upon refusal or neglect of the person to submit to the

examination, the driver's license shall not be renewed until

such time as the examination is successfully completed.

reexamine any person when requested to do so by a court. Upon

the conclusion of such examination, the department may take any

of the actions described in subsection (b) and shall report its

findings and action to the court if such report is requested.

(d) Military personnel and dependents.--Notwithstanding

subsection (a), a driver's license held by any person who enters

or is on active service in the armed forces of the United States

or the spouse or dependent child of the member of the armed

forces who resides with such person shall continue in full force

and effect so long as the active service continues and the

person is absent from this Commonwealth, and for a further

period of 45 days following the date of the person's discharge

or separation from active service or return to this

Commonwealth, unless the driver's license is sooner suspended,

cancelled or revoked for cause according to law. A driver's

license which otherwise would have expired under subsection (a)

shall be valid only if the licensee has in immediate possession,

together with the driver's license, papers indicating actual

service outside this Commonwealth, or discharge or separation,

as the case may be, or proof thereof if a spouse or child.

(e) Noncitizen license expiration and renewal.--

(1) Except as otherwise provided, a license issued on

the basis of Immigration and Naturalization Service (INS)

credentials or documents shall expire on the date appearing

on the INS credentials or documents provided by the applicant

under section 1506(a.1) (relating to application for driver's

license or learner's permit).

(2) If the expiration date of the INS credentials or

documents exceeds four years, the license shall expire one

day after the applicant's date of birth but not more than

four years from the date of issuance of the license.

(3) Upon presenting INS credentials or documents

indicating continued legal presence in the United States,

the person may apply for a renewal of the license.

(4) If a person has been granted permanent legal status

in the United States by the INS, the department may in its

discretion require the person to present his INS credentials

or documents for only the first license application or

renewal.

(5) License renewals issued under this subsection shall

be for the length of time as set forth in paragraph (1) or

(2).

(Dec. 21, 1998, P.L.1126, No.151, eff. one year; Dec. 9, 2002,

P.L.1278, No.152, eff. 270 days)

2002 Amendment. Act 152 added subsec. (e).

1998 Amendment. Act 151 amended subsec. (a).

Cross References. Section 1514 is referred to in sections

1510, 1550 of this title.

§ 1515. Notice of change of name or address.

(a) Driver's license.--Whenever any person after applying

for or receiving a driver's license moves from the address named

in the application or in the driver's license issued or when

the name of a licensee is changed, such person shall, within

15 days thereafter, notify the department of the old and new

addresses or of such former and new names and of the number of

any license then held by the person. The department shall be

notified of a change of name in writing.

(b) Identification card.--Whenever any person after applying

for or receiving a department-issued identification card moves

from the address named in the application or identification

card issued or when the name of a cardholder is changed, such

person shall, within 15 days thereafter, notify the department

of the old and new addresses or of such former and new names

and of the number of any identification card then held by the

person. The department shall be notified of a change of name

in writing.

(1) After notification from another state that the

driver is licensed in that state, the department shall

invalidate the Pennsylvania driver's license.

(2) Upon notice of a change of address from a driver

to an out-of-State address, the department shall not renew

the driver's license of the person until the person

reestablishes residency in this Commonwealth. This paragraph

shall not apply to a person who is an employee of Federal

or State Government whose workplace is located out-of-State

or the employee's immediate family or to a person in the

service of the armed forces of the United States or the

person's immediate family.

(Dec. 9, 2002, P.L.1278, No.152, eff. 120 days)

§ 1516. Department records.

(a) Applications, suspensions and revocations.--The

department shall file every application for a license received

by it and shall maintain suitable records containing:

(1) All applications denied and the reasons for denial.

(2) All applications granted.

(3) The name of every licensee whose license has been

suspended or revoked by the department and the reasons for

such action.

(b) Accidents and convictions.--The department shall file

all accident reports and abstracts of court records of

convictions received by it under the laws of this Commonwealth

and maintain actual or facsimile records or make suitable

notations in order that the records of each licensee showing

convictions of the licensee, any departmental action initiated

against the licensee regarding a reportable accident in which

the licensee was involved, and the traffic accidents shall be

available for official use. Unless the licensee was a commercial

driver at the time of the violation, the department shall

maintain records or make notations only for convictions that

are relevant to the licensee's operating privilege. Where the

licensee was a commercial driver at the time of the violation,

the department shall maintain records or make notations for all

convictions of any violation, in any motor vehicle, of a State

or local traffic control law, except a parking violation, and

also for any other convictions that are relevant to the

licensee's operating privilege. Court abstracts and

certifications of conviction and accident reports submitted to

the department under the laws of this Commonwealth shall be

considered as records of the department, and the department may

store such documents in accordance with the provisions of 42

Pa.C.S. § 6109 (relating to photographic copies of business and

public records) and may enter into evidence copies of such

documents in accordance with the provisions of 42 Pa.C.S. §

6103 (relating to proof of official records). Such copies shall

be admissible into evidence to support the department's case

in an appeal of a department action taken under Chapter 13

(relating to registration of vehicles), 15 (relating to

licensing of drivers), 16 (relating to commercial drivers) or

17 (relating to financial responsibility) of this title, and

the certification shall constitute prima facie proof of the

facts and information contained in the court abstract or

certification of conviction or accident report. These records

shall also be made available to the courts for sentencing

purposes.

violation of any of the provisions of this title against any

person is dismissed where there have been no prior convictions

by any court of competent jurisdiction, no record of the charge

and dismissal shall be included in the driving record of the

person. If the person has been previously convicted of the

charge and suspension was imposed by the department, which

suspension was either partially or fully served, the department

may keep a record of the offense for the purpose of showing the

suspension was imposed against the person, but the offense shall

not be used for the purpose of calculating the requisite number

of offenses under section 1542 (relating to revocation of

habitual offender's license). In addition, the department may

keep records of charges that have been filed with the courts

in order to determine a person's eligibility for a probationary

license under the provisions of section 1554(b)(3) (relating

to probationary license). All records maintained pursuant to

this subsection shall be maintained for administrative and law

enforcement use only and shall not be released for any other

purpose, except where the person was a commercial driver at the

time of the violation and the charge was dismissed as part of

the person's acceptance of Accelerated Rehabilitative

Disposition.

(d) Updating driving record.--Drivers wishing to have their

record reviewed by the department may make such a request in

order that the record be brought up to date. In updating

records, the department shall include recalculation of

suspension or revocation segments and the assignment and

crediting of any suspension or revocation time previously

assigned or credited toward a suspension or revocation which

resulted from a conviction which has been vacated, overturned,

dismissed or withdrawn. Any fully or partially served suspension

or revocation time may only be reassigned or credited toward a

suspension or revocation segment processed on the driver's

record as of the actual commencement date of the fully or

partially served suspension or revocation time.

(Dec. 21, 1998, P.L.1126, No.151, eff. imd.; Sept. 30, 2003,

P.L.120, No.24, eff. Feb. 1, 2004; July 5, 2005, P.L.100, No.37)

2005 Amendment. Act 37 amended subsecs. (b) and (c). Section

10(2) of Act 37 provided that Act 37 shall take effect 90 days

after publication of a notice in the Pennsylvania Bulletin. The

notice was published July 16, 2005, at 35 Pa.B. 4029.

2003 Amendment. Act 24 amended subsecs. (c) and (d).

Cross References. Section 1516 is referred to in sections

1607, 1611 of this title; section 302 of Title 74

(Transportation).

§ 1517. Medical Advisory Board.

(a) Membership.--There shall be a Medical Advisory Board

consisting of 13 members appointed by the secretary. The board

shall be composed of an authorized representative from the

Department of Transportation, Department of Justice, Governor's

Council on Drug and Alcohol Abuse, Department of Health,

Pennsylvania State Police and professionals as follows: One

neurologist, one doctor of cardiovascular disease, one doctor

of internal medicine, one general practitioner, one

ophthalmologist, one psychiatrist, one orthopedic surgeon and

one optometrist.

(b) Duties.--The board may advise the department and review

regulations proposed by the department concerning physical and

mental criteria including vision standards relating to the

licensing of drivers under the provisions of this chapter.

(Dec. 21, 1998, P.L.1126, No.151, eff. imd.)

1998 Amendment. Act 151 amended subsec. (b).

Governor's Council on Drug and Alcohol Abuse. The Governor's

Council on Drug and Alcohol Abuse is now known as the

Pennsylvania Advisory Council on Drug and Alcohol Abuse and is

designated as the advisory council to the Department of Health

for drug and alcohol programs. See section 3 of the act of April

14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug and

Alcohol Abuse Control Act.

Department of Justice. The act of October 15, 1980 (P.L.950,

No.164), known as the Commonwealth Attorneys Act, effective

January 20, 1981, provided that the General Counsel shall serve

as a member of the Medical Advisory Board and repealed section

1517(a) to the extent that the Attorney General was made a

member of the Medical Advisory Board.

Cross References. Section 1517 is referred to in section

1519 of this title.

§ 1518. Reports on mental or physical disabilities or

disorders.

(a) Definition of disorders and disabilities.--The Medical

Advisory Board shall define disorders characterized by lapses

of consciousness or other mental or physical disabilities

affecting the ability of a person to drive safely for the

purpose of the reports required by this section.

(b) Reports by health care personnel.--All physicians,

podiatrists, chiropractors, physician assistants, certified

registered nurse practitioners and other persons authorized to

diagnose or treat disorders and disabilities defined by the

Medical Advisory Board shall report to the department, in

writing, the full name, date of birth and address of every

person over 15 years of age diagnosed as having any specified

disorder or disability within ten days.

charge of every mental hospital, institution or clinic, or any

alcohol or drug treatment facility, shall be responsible to

assure that reports are filed in accordance with subsection

(b).

(d) Confidentiality of reports.--The reports required by

this section shall be confidential and shall be used solely for

the purpose of determining the qualifications of any person to

drive a motor vehicle on the highways of this Commonwealth.

(e) Use of report as evidence.--No report forwarded under

the provisions of this section shall be used as evidence in any

civil or criminal trial except in any proceeding under section

1519(c) (relating to determination of incompetency).

(f) Immunity from civil and criminal liability.--No civil

or criminal action may be brought against any person or agency

for providing the information required under this system.

(g) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Chiropractor." A chiropractor acting within the scope of

practice contained in the act of December 16, 1986 (P.L.1646,

No.188), known as the Chiropractic Practice Act.

"Podiatrist." A podiatrist acting within the scope of

practice contained in the act of March 2, 1956 (1955 P.L.1206,

No.375), known as the Podiatry Practice Act.

(July 15, 2004, P.L.698, No.76, eff. 60 days)

2004 Amendment. Section 2 of Act 76 provided that any

regulations of the Department of Transportation that are

inconsistent with Act 76 are hereby abrogated to the extent of

that inconsistency.

Cross References. Section 1518 is referred to in section

1503 of this title.

§ 1519. Determination of incompetency.

(a) General rule.--The department, having cause to believe

that a licensed driver or applicant may not be physically or

mentally qualified to be licensed, may require the applicant

or driver to undergo one or more of the examinations authorized

under this subchapter in order to determine the competency of

the person to drive. The department may require the person to

be examined by a physician, a certified registered nurse

practitioner, a physician assistant or a licensed psychologist

designated by the department or may require the person to

undergo an examination by a physician, a certified registered

nurse practitioner, a physician assistant or a licensed

psychologist of the person's choice. If the department

designates the physician, a certified registered nurse

practitioner, a physician assistant or licensed psychologist,

the licensed driver or applicant may, in addition, cause a

written report to be forwarded to the department by a physician,

a certified registered nurse practitioner, a physician assistant

or a licensed psychologist of the driver's or applicant's

choice. Vision qualifications may be determined by an

optometrist or ophthalmologist. The department shall appoint

one or more qualified persons who shall consider all medical

reports and testimony in order to determine the competency of

the driver or the applicant to drive.

(b) Confidentiality of reports and evidence.--Reports

received by the department for the purpose of assisting the

department in determining whether a person is qualified to be

licensed and reports of examinations authorized under this

subchapter are for the confidential use of the department and

may not be divulged to any person or used as evidence in any

trial except that the reports and statistics and evaluations

used by the department in determining whether a person should

be required to be examined under this subchapter shall be

admitted in proceedings under section 1550 (relating to judicial

review).

department shall recall the operating privilege of any person

whose incompetency has been established under the provisions

of this chapter. The recall shall be for an indefinite period

until satisfactory evidence is presented to the department in

accordance with regulations to establish that such person is

competent to drive a motor vehicle. The department shall suspend

the operating privilege of any person who refuses or fails to

comply with the requirements of this section until that person

does comply and that person's competency to drive is

established. Any person aggrieved by recall or suspension of

the operating privilege may appeal in the manner provided in

section 1550. The judicial review shall be limited to whether

the person is competent to drive in accordance with the

provisions of the regulations promulgated under section 1517

(relating to Medical Advisory Board).

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 7, 1996,

P.L.688, No.118, eff. 9 months; July 15, 2004, P.L.698, No.76,

eff. 60 days)

2004 Amendment. Section 2 of Act 76 provided that any

regulations of the Department of Transportation that are

inconsistent with Act 76 are hereby abrogated to the extent of

that inconsistency.

1996 Amendment. Section 2 of Act 118 provided that the

Department of Transportation shall publish in the Pennsylvania

Bulletin guidelines for determining cause to initiate any of

the examinations under subsec. (a). The notice of guidelines

for determining cause to initiate examinations was published

September 6, 1997, at 27 Pa.B. 4559.

Cross References. Section 1519 is referred to in sections

1518, 1550 of this title.

§ 1520. Acknowledgment of littering provisions.

On every application for a learner's permit or driver's

license, the following statement shall be printed immediately

above or below the signature of the applicant:

I hereby acknowledge this day that I have received notice

of the provisions of section 3709 of the Vehicle Code.

Also printed on the card shall be the following:

Section 3709 provides for a fine of up to $300 for

dropping, throwing or depositing, upon any highway, or

upon any other public or private property without the

consent of the owner thereof or into or on the waters

of this Commonwealth from a vehicle, any waste paper,

sweepings, ashes, household waste, glass, metal, refuse

or rubbish or any dangerous or detrimental substance,

or permitting any of the preceding without immediately

removing such items or causing their removal.

For any violation of section 3709, I may be subject to

a fine of up to $300 upon conviction, including any

violation resulting from the conduct of any other persons

present within any vehicle of which I am the driver.

(Mar. 27, 1986, P.L.71, No.24, eff. July 1, 1986)

1986 Amendment. Act 24 added section 1520.

SUBCHAPTER B

COMPREHENSIVE SYSTEM FOR DRIVER

EDUCATION AND CONTROL

Sec.

1531. Administration of system by department.

1532. Suspension of operating privilege.

1533. Suspension of operating privilege for failure to respond

to citation.

1534. Notice of acceptance of Accelerated Rehabilitative

Disposition.

1535. Schedule of convictions and points.

1536. Notice of assignment of points.

1537. Removal of points.

1538. School, examination or hearing on accumulation of points

or excessive speeding.

1539. Suspension of operating privilege on accumulation of

points.

1540. Surrender of license.

1541. Period of disqualification, revocation or suspension of

operating privilege.

1542. Revocation of habitual offender's license.

1543. Driving while operating privilege is suspended or

revoked.

1544. Additional period of revocation or suspension.

1545. Restoration of operating privilege.

1546. Suspension or revocation of nonresident's operating

privilege.

1547. Chemical testing to determine amount of alcohol or

controlled substance.

1548. Requirements for driving under influence offenders.

1549. Establishment of schools.

1550. Judicial review.

1551. Notice of department action.

1552. Accelerated Rehabilitative Disposition.

1553. Occupational limited license.

1554. Probationary license.

1555. Delay of suspension, revocation or disqualification.

1556. Ignition interlock limited license.

Special Provisions in Appendix. See section 2(a) through

(e) of Act 81 of 1976 in the appendix to this title for special

provisions relating to the disposition and status of suspensions

and convictions under prior law and to the assignment of points

under section 1535 for similar violations occurring under prior

law.

§ 1531. Administration of system by department.

The department shall administer an integrated system limited

to the authority granted to the department in this title for

revocation and suspension of operating privileges and for driver

education, testing and control and for this purpose shall

maintain a record as to every driver of convictions of offenses

set forth in this title and such other convictions and offenses

as are punishable by suspension or revocation under this title.

§ 1532. Suspension of operating privilege.

(a) One-year suspension.--The department shall suspend the

operating privilege of any driver for one year upon receiving

a certified record of the driver's conviction of or an

adjudication of delinquency based on any of the following

offenses:

(1) Any felony in the commission of which a court

determines that a vehicle was essentially involved.

(2) (Deleted by amendment).

(3) Any violation of the following provisions:

Section 3735.1 (relating to aggravated assault by

vehicle while driving under the influence).

Section 3742 (relating to accidents involving death

or personal injury).

Section 3742.1 (relating to accidents involving death

or personal injury while not properly licensed).

Section 7111 (relating to dealing in titles and

plates for stolen vehicles).

Section 7121 (relating to false application for

certificate of title or registration).

Section 7122 (relating to altered, forged or

counterfeit documents and plates).

(a.1) Three-year suspension.--The department shall suspend

the operating privilege of any driver for three years upon

receiving a certified record of the driver's conviction of or

an adjudication of delinquency based on a violation of any of

the following offenses:

(1) Any violation of section 3732 (relating to homicide

by vehicle).

(2) Any violation of section 3735 (relating to homicide

by vehicle while driving under influence).

(b) Suspension.--

(1) The department shall suspend the operating privilege

of any driver for six months upon receiving a certified

record of the driver's conviction of or an adjudication of

delinquency based on any offense under the following

provisions:

Section 3367 (relating to racing on highways).

Section 3714(b) (relating to careless driving).

Section 3734 (relating to driving without lights to

avoid identification or arrest).

Section 3736 (relating to reckless driving).

Section 3743 (relating to accidents involving damage

to attended vehicle or property).

(2) The department shall suspend the operating privilege

of any driver for six months upon receiving a certified

record of the driver's conviction of a subsequent offense

under section 1501(a) (relating to drivers required to be

licensed) if the prior offense occurred within five years

of the violation date of the subsequent offense.

(3) The department shall suspend the operating privilege

of any driver for 12 months upon receiving a certified record

of the driver's conviction of section 3733 (relating to

fleeing or attempting to elude police officer) or a

substantially similar offense reported to the department

under Article III of section 1581 (relating to Driver's

License Compact), or an adjudication of delinquency based

on section 3733. The department shall suspend the operating

privilege of any driver for six months upon receiving a

certified record of a consent decree granted under 42 Pa.C.S.

Ch. 63 (relating to juvenile matters) based on section 3733.

(4) The department shall suspend the operating privilege

of any driver for three months upon receiving a certified

record of the driver's conviction of section 1371 (relating

to operation following suspension of registration) or 3718

(relating to minor prohibited from operating with any alcohol

in system) or an adjudication of delinquency based on section

1371.

(5) The department shall suspend the operating privilege

of any driver for three months upon receiving a certified

record of the driver's conviction of or an adjudication of

delinquency based on section 3714(c).

(6) Beginning as soon as practicable, but no later than

10 months after the effective date of this paragraph, the

department shall update driver records as follows:

(i) If a driver record shows on the effective date

of this paragraph an active sanction imposed by the

department for a conviction of any offense under a

Federal, State or other state's controlled substance

laws, except for an offense under subsection (a), the

driver record will be changed to indicate the active

departmental sanction has ended. The following shall

apply:

(A) If the ending of the active departmental

sanction means a driver's operating privilege is

eligible for restoration, no points will be placed

on the driver record as required by section 1545

(relating to restoration of operating privilege) and

no restoration fee shall be imposed as required by

section 1960 (relating to reinstatement of operating

privilege or vehicle registration).

(B) If a driver record shows a pending

departmental sanction after the active sanction

imposed by the department for a conviction of any

offense under a Federal, State or other state's

controlled substance laws, except for an offense

under subsection (a), the effective dates of the

pending departmental sanction will be adjusted as

if the active sanction ended under this subsection

had been rescinded from the record.

(ii) If a driver record shows on the effective date

of this paragraph a pending sanction imposed by the

department for a conviction of any offense under a

Federal, State or other state's controlled substance

laws, except for an offense under subsection (a), the

driver record will be changed to indicate that the

pending sanction will not be imposed. The effective dates

for a departmental sanction to be imposed after a

conviction of any offense under a Federal, State or other

state's controlled substance laws will be adjusted as

if the controlled substance-related departmental sanction

had been rescinded from the record.

(iii) If a driver record shows on the effective

date of this paragraph an active suspension imposed under

former subsection (d), the driver record will be changed

to indicate the suspension has ended. The following shall

apply:

(A) If the ending of the suspension means the

driver's operating privilege is eligible for

restoration, no restoration fee shall be imposed as

required by section 1960.

(B) If the driver record shows any pending

departmental sanction after the suspension imposed

under former subsection (d), the effective dates of

any such pending departmental sanction will be

adjusted as if the suspension ended under this

section had been rescinded from the record.

(iv) If the driver record shows on the effective

date of this paragraph a pending suspension imposed under

former subsection (d), the driver record will be changed

to indicate the suspension will not be imposed. The

effective dates for any departmental sanctions to be

imposed after the pending suspension under former

subsection (d) will be adjusted as if the pending

suspension had been rescinded from the record.

privilege of any person 21 years of age or younger upon

receiving a certified record of the person's conviction or

adjudication of delinquency under 18 Pa.C.S. § 2706 (relating

to terroristic threats) committed on or against any school

property, including any public school grounds, during any

school-sponsored activity or on any conveyance providing

transportation to a school entity or school-sponsored activity

in accordance with the following:

(1) The period of suspension shall be as follows:

(i) For a first offense, a period of six months

from the date of the suspension.

(ii) For a second offense, a period of one year

from the date of the suspension.

(iii) For a third and any subsequent offense

thereafter, a period of two years from the date of the

suspension.

(2) For the purposes of this subsection, the term

"conviction" shall include any conviction or adjudication

of delinquency for any of the offenses listed in paragraph

(1), whether in this Commonwealth or any other Federal or

state court.

(d) Additional suspension.--(Deleted by amendment).

(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; May 30, 1990,

P.L.173, No.42; July 10, 1990, P.L.356, No.83, eff. Nov. 1,

1990; June 28, 1993, P.L.137, No.33, eff. 60 days; July 2, 1993,

P.L.408, No.58, eff. 60 days; Feb. 10, 1994, P.L.20, No.3, eff.

60 days; Dec. 12, 1994, P.L.1048, No.143, eff. 9 months; Dec.

27, 1994, P.L.1337, No.154, eff. 180 days; Dec. 21, 1998,

P.L.1126, No.151; June 25, 1999, P.L.164, No.23, eff. 180 days;

Oct. 2, 2002, P.L.801, No.114, eff. imd.; Oct. 4, 2002, P.L.845,

No.123; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Dec.

8, 2004, P.L.1791, No.237, eff. 150 days; Oct. 24, 2018,

P.L.659, No.95, eff. 180 days; Nov. 3, 2022, P.L.1692, No.107,

eff. 60 days)

2022 Amendment. Act 107 added subsec. (b)(6) and deleted

subsec. (d).

2018 Amendment. Act 95 amended subsec. (c).

2004 Amendment. Act 237 amended subsec. (b).

2002 Amendments. Act 114 amended subsec. (a) and Act 123

amended subsecs. (a) and (b)(4) and added subsec. (a.1),

effective immediately as to the deletion of the reference to

sections 7102(b) and 7103(b) in subsec. (a)(3) and six months

as to the remainder of the amendment. Act 123 overlooked the

amendment by Act 114, but the amendments do not conflict in

substance and have both been given effect in setting forth the

text of subsec. (a). See section 2 of Act 114 and section 11

of Act 123 in the appendix to this title for special provisions

relating to petition for removal of suspensions or revocations.

1998 Amendment. Act 151 amended the section heading and

subsecs. (a) intro. par. and (3) and (b)(3), effective

immediately as to subsec. (b)(3) and 60 days as to the remainder

of the section.

1994 Amendments. Act 3 added subsec. (c), Act 143 amended

subsec. (b)(2) and (4) and added subsec. (d) and Act 154 amended

subsec. (b)(1) and (3). The amendment by Act 3 is identical to

the amendments by Acts 33 and 58 of 1993 and therefore the text

has been merged. See section 8 of Act 3 in the appendix to this

title for special provisions relating to savings provision.

1993 Amendment. See section 12 of Act 58 in the appendix

to this title for special provisions relating to savings

provision.

References in Text. 18 Pa.C.S. § 6310.4, referred to in

subsec. (d), was repealed by the act of October 24, 2018

(P.L.659, No.95).

Cross References. Section 1532 is referred to in sections

1534, 1539, 1553, 1554, 1556, 1575, 1783, 6146, 6323 of this

title.

§ 1533. Suspension of operating privilege for failure to

respond to citation.

(a) Violations within Commonwealth.--The department shall

suspend the operating privilege of any person who has failed

to respond to a citation or summons to appear before an issuing

authority or a court of competent jurisdiction of this

Commonwealth for any violation of this title, other than

parking, or who has failed to pay any fine, costs or restitution

imposed by an issuing authority or such courts for violation

of this title, other than parking, upon being duly notified by

an issuing authority or a court of this Commonwealth.

(b) Violations outside Commonwealth.--The department shall

suspend the operating privilege of any person who has failed

to respond to a citation, summons or similar writ to appear

before a court of competent jurisdiction of the United States

or any state which has entered into an enforcement agreement

with the department, as authorized under section 6146 (relating

to enforcement agreements), for any violation of the motor

vehicle laws of such state, other than parking, or who has

failed to pay any fine or costs imposed by such court upon being

duly notified in accordance with the laws of such jurisdiction

in which the violation occurred. A person who provides proof,

satisfactory to the department, that the full amount of the

fine and costs has been forwarded to and received by the court

shall not be regarded as having failed to respond for the

purposes of this subsection.

an issuing authority or court notifies the department to impose

a suspension pursuant to subsection (a), the issuing authority

or court shall notify the person in writing of the requirement

to respond to the citation and pay all fines, restitution and

penalties imposed by the issuing authority or court.

(d) Period of suspension.--The suspension shall continue

until such person shall respond to the citation, summons or

writ, as the case may be, and pay all fines, restitution and

penalties imposed or enter into an agreement to make installment

payments for the fines, restitution and penalties imposed

provided that the suspension may be reimposed by the department

if the defendant fails to make regular installment payments

and, if applicable, pay the fee prescribed in section 1960

(relating to reinstatement of operating privilege or vehicle

registration).

(e) Remedy cumulative.--A suspension under this section

shall be in addition to the requirement of withholding renewal

or reinstatement of a violator's driver's license as prescribed

in section 1503(a) (relating to persons ineligible for

licensing; license issuance to minors; junior driver's license).

(f) Admissibility of documents.--A copy of a document issued

by a court or issuing authority of this Commonwealth or by an

official of another state shall be admissible for the purpose

of proving a violation of this section.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 16, 1994,

P.L.614, No.95, eff. 60 days; Dec. 7, 1994, P.L.820, No.115,

eff. 120 days; June 25, 1999, P.L.164, No.23, eff. 180 days;

Oct. 8, 2012, P.L.1193, No.146, eff. 90 days)

2012 Amendment. Act 146 amended subsecs. (a), (c) and (d).

1999 Amendment. Act 23 amended subsec. (e).

1994 Amendments. Act 115 overlooked the amendment by Act

95, but the amendments do not conflict in substance and have

both been given effect in setting forth the text of section

1533.

Cross References. Section 1533 is referred to in sections

1545, 1553, 1554, 1702 of this title.

§ 1534. Notice of acceptance of Accelerated Rehabilitative

Disposition.

(a) General rule.--Except as provided in subsection (b),

if a person is arrested for any offense enumerated in section

1532 (relating to revocation or suspension of operating

privilege) and is offered and accepts Accelerated Rehabilitative

Disposition under general rules, the court shall promptly notify

the department.

(b) Exception.--If a person is arrested for any offense

enumerated in section 3802 (relating to driving under influence

of alcohol or controlled substance) and is offered and accepts

Accelerated Rehabilitative Disposition under general rules, the

court shall promptly notify the department. The department shall

maintain a record of the acceptance of Accelerated

Rehabilitative Disposition for a period of ten years from the

date of notification. This record shall not be expunged by order

of court or prior to the expiration of the ten-year period.

the ten-year period, the department shall expunge the record

of the acceptance of Accelerated Rehabilitative Disposition.

The department shall not require an order of court to expunge

the record.

(d) Exceptions to expungement.--The department shall not

be required to expunge the record of acceptance of Accelerated

Rehabilitative Disposition if:

(1) during the ten-year period, the department revokes

the operating privileges of a person pursuant to section

1542 (relating to revocation of habitual offender's license);

(2) the person was a commercial driver at the time of

the violation causing the disposition.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 15, 1982,

P.L.1268, No.289, eff. 30 days; Sept. 30, 2003, P.L.120, No.24,

eff. Feb. 1, 2004)

2003 Amendment. Act 24 amended subsec. (b) and added

subsecs. (c) and (d).

§ 1535. Schedule of convictions and points.

(a) General rule.--A point system for driver education and

control is hereby established which is related to other

provisions for use, suspension and revocation of the operating

privilege as specified under this title. Every driver licensed

in this Commonwealth who is convicted of any of the following

offenses shall be assessed points as of the date of violation

in accordance with the following schedule:

PointsOffenseSection Number

Violation of restriction on

driver's license.

1512

3Violation concerning license.1571

Failure to obey policeman or

authorized person.

3102

Obedience to traffic-control

devices warning of hazardous

conditions.

3111.1

Failure to stop for a red

light.

3112(a)(3)(i)

or (ii)

Failure to stop for a flashing

red light.

3114(a)(1)

Failure to yield half of

roadway to oncoming vehicle.

3302

3Improper passing.3303

3Other improper passing.3304

3Other improper passing.3305

4Other improper passing.3306(a)(1)

3Other improper passing.3306(a)(2)

3Other improper passing.3306(a)(3)

3Other improper passing.3307

3Following too closely.3310

Failure to yield to driver on

the right at intersection.

3321

Failure to yield to oncoming

driver when making left turn.

3322

3Failure to stop for stop sign.3323(b)

Failure to yield at yield sign.3323(c)

Failure to yield when entering

or crossing roadway between

intersections.

3324

Duty of driver in emergency

response area and in relation

to disabled vehicles.

3327(a) or

(a.1)

3Improper turning around.3332

Failure to obey signal

indicating approach of train.

3341(a)

Failure to comply with crossing

gate or barrier.

3341(b)

(and 30 days' suspension)

Failure to stop at railroad

crossings.

3342(b) or (e)

Failure to stop when entering

from alley, driveway or

building.

3344

Failure to stop for school bus

with flashing red lights.

3345(a)

(and 60 days' suspension)

Driving too fast for

conditions.

3361

Exceeding maximum speed.--Over

Limit:

3362

26-10

311-15

416-25

526-30

531-over

(and departmental hearing

and sanctions provided

under section 1538(d))

Exceeding special speed limit

in school zone.

3365(b)

(and 60 days' suspension

for a second or subsequent

offense)

Exceeding special speed limit

for trucks on downgrades.

3365(c)

Failure to yield to pedestrian

in crosswalk.

3542(a)

3Failure to yield to pedestrian

on sidewalk.

3547

Failure to yield to blind

pedestrian.

3549(a)

3Improper backing.3702

3Careless driving.3714(a)

Leaving scene of accident

involving property damage only.

3745

(b) Multiple offenses from same act.--If a driver is

convicted of an offense under section 3361 (relating to driving

vehicle at safe speed) or 3714 (relating to careless driving),

in addition to being convicted of another offense committed at

the same time and place, no points shall be assigned for

violation of section 3361 or 3714 if points are assigned for

the other offense.

points to the record of any person within six months from the

date of a conviction. Any points assigned after such six-month

period shall be null and void.

(d) Exception.--This section does not apply to a person who

was operating a pedalcycle or an animal drawn vehicle.

(e) Suspension of operating privilege.--In addition to other

provisions of this title relating to the suspension or

revocation of operating privileges, the department shall suspend

for 15 days the operating privileges of any person who for a

violation in an active work zone is convicted under:

(1) section 3361 where the department has received an

accident report submitted pursuant to section 3751 (relating

to reports by police); or

(2) section 3362 (relating to maximum speed limits) by

exceeding the posted speed limit by 11 miles per hour or

more.

A conviction report received by the department which indicates

that the violation of section 3361 or 3362 occurred in an active

work zone shall create a presumption that the violation occurred

in an active work zone.

(June 23, 1982, P.L.605, No.171, eff. imd.; Mar. 29, 1984,

P.L.155, No.30, eff. 60 days; Dec. 11, 1986, P.L.1530, No.166,

eff. 60 days; May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990;

Dec. 7, 1994, P.L.820, No.115, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. July 1, 1999; Dec. 23, 2002, P.L.1982,

No.229, eff. 6 months; Dec. 8, 2004, P.L.1791, No.237, eff. 150

days; July 5, 2012, P.L.1003, No.114, eff. 60 days; Oct. 29,

2020, P.L.1057, No.105, eff. 180 days)

2020 Amendment. Act 105 amended subsec. (a). Section 2 of

Act 105 provided that Act 105 may be referred to as the Move

Over Law.

2002 Amendment. Act 229 added subsec. (e).

1994 Amendment. Act 115 amended subsec. (b).

1982 Amendment. Act 171 added subsec. (d).

Cross References. Section 1535 is referred to in sections

1538, 1539, 1554, 1793, 1799.2, 3116, 3117, 3345.1, 3369, 3370,

3370.1, 3371, 4581 of this title.

§ 1536. Notice of assignment of points.

Whenever points are assigned to a driver's record, the

department shall send to that person at his last known address

a letter of notice pointing out the fact and emphasizing the

nature and effects of the point system. Failure to receive such

letter shall not prevent the suspension of the operating

privilege pursuant to this subchapter.

§ 1537. Removal of points.

(a) General rule.--Points recorded against any person shall

be removed at the rate of three points for each 12 consecutive

months in which such person is not under suspension or

revocation or has not committed any violation which results in

the assignment of points or in suspension or revocation under

this chapter.

(b) Subsequent accumulation of points.--When a driver's

record is reduced to zero points and is maintained at zero

points for 12 consecutive months, any accumulation of points

thereafter shall be regarded as an initial accumulation of

points.

(Dec. 21, 1998, P.L.1126, No.151, eff. July 1, 1999)

1998 Amendment. Act 151 amended subsec. (a).

§ 1538. School, examination or hearing on accumulation of

points or excessive speeding.

(a) Initial accumulation of six points.--

(1) When any person's record for the first time shows

an accumulation of six or more points, the department shall

require the person to attend a driver improvement school or

undergo a special examination and shall so notify the person

in writing. The person may elect to attend a driver

improvement school or undergo a special examination but shall

not be permitted to both attend the school and undergo a

special examination.

(2) Upon satisfactory attendance and completion of the

driver improvement school course or upon passing the special

examination:

(i) two points shall be removed from the person's

record, if the person elected to take the special

examination; or

(ii) four points shall be removed from the person's

record, if the person elected to attend a driver

improvement school and completed the school's

requirements.

(3) Failure to attend and satisfactorily complete the

requirements of a driver improvement school or pass the

special examination shall result in the suspension of such

person's operating privilege until:

(i) the person attends and satisfactorily completes

the requirements of a driver improvement school; or

(ii) the examination has been satisfactorily

completed.

(b) Second and subsequent accumulation of six points.--

(1) When any person's record has been reduced below six

points and for the second or subsequent time shows an

accumulation of six or more points, the department shall

require the person to attend a departmental hearing and a

driver improvement school and shall notify the person in

writing. In addition, a hearing examiner may recommend one

or more of the following:

(i) (Deleted by amendment).

(ii) That the person undergo an examination as

provided for in section 1508 (relating to examination

of applicant for driver's license).

(iii) That the person's driver's license be

suspended for:

(A) a period not exceeding 15 days, if the

person's record for a second time shows an

accumulation of six or more points; or

(B) a period not exceeding 30 days, if the

person's record for a third or subsequent time shows

an accumulation of six or more points.

(2) The department may effect or modify the

recommendations of the hearing examiner but may not impose

any sanction not recommended by the hearing examiner.

(3) Upon completion of the sanction or sanctions imposed

by the department, two points shall be removed from the

person's record.

(4) Failure to attend the hearing or comply with the

requirements of this subsection shall result in the

suspension of the person's operating privilege until the

requirements of this subsection have been satisfactorily

completed.

amendment).

(d) Conviction for excessive speeding.--

(1) When any person is convicted of driving 31 miles

per hour or more in excess of the speed limit, the department

shall require the person to attend a departmental hearing

and attend a driver improvement school and shall notify the

person in writing. In addition, a hearing examiner may

recommend one or more of the following:

(i) (Deleted by amendment).

(ii) That the person undergo an examination as

provided for in section 1508.

(iii) That the person have his driver's license

suspended for a period not exceeding 15 days.

(2) The department shall effect at least one of the

sanctions but may not increase any suspension beyond 15 days.

(3) Failure to attend the hearing or comply with the

requirements of this subsection shall result in the

suspension of such person's operating privilege until the

requirements of this subsection have been satisfactorily

completed.

(e) Additional suspension of operating privilege.--

(1) In addition to any other provisions of law relating

to the suspension or revocation of operating privileges, a

person's operating privileges shall be suspended under any

of the following circumstances:

(i) Prior to reaching age 18, the person violates

section 3362 (relating to maximum speed limits) by

traveling 26 miles per hour or more over the posted speed

limit and the violation results in a conviction, guilty

plea or plea of no contest before or after the person

reaches age 18.

(ii) The person accumulates six or more points under

the provisions of section 1535 (relating to schedule of

convictions and points) and the violations resulting in

points accumulation were committed before the person

reached age 18.

(2) The first suspension under paragraph (1) shall be

for a period of 90 days with every subsequent suspension

under paragraph (1) to be for a period of 120 days.

Suspensions under paragraph (1) shall be imposed

consecutively to each other and to any other suspension. A

suspension under paragraph (1) shall be considered a

subsequent suspension even if it is imposed contemporaneously

with a first suspension imposed under paragraph (1).

(June 25, 1999, P.L.164, No.23, eff. 180 days; Nov. 3, 2022,

P.L.1783, No.120, eff. 14 mos.)

Cross References. Section 1538 is referred to in sections

1535, 1543, 1549, 1553, 1554 of this title.

§ 1539. Suspension of operating privilege on accumulation of

points.

(a) General rule.--When any person's record shows an

accumulation of 11 points or more, the department shall suspend

the operating privilege of the person as provided in subsection

(b).

(b) Duration of suspension.--The first suspension shall be

for a period of 5 days for each point, the second suspension

shall be for a period of 10 days for each point, the third

suspension shall be for a period of 15 days for each point and

any subsequent suspension shall be for a period of one year.

suspension and revocation under any provision of this subchapter

shall be counted in determining whether a suspension is a

second, third or subsequent suspension. Acceptance of

Accelerative Rehabilitative Disposition for an offense

enumerated in section 1532 (relating to revocation or suspension

of operating privilege) or 3802 (relating to driving under

influence of alcohol or controlled substance) shall be

considered a suspension in making such determination.

(d) Section not exclusive.--Suspension under this section

is in addition to any suspension mandated under section 1535

(relating to schedule of convictions and points).

(Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004)

2003 Amendment. Act 24 amended subsec. (c).

Suspensions and Convictions Under Prior Law. Section 2(d)(3)

of Act 81 of 1976 provided that no suspensions and convictions

under former sections 618(b)(2) and 619.1 of the Vehicle Code

of 1959 shall constitute prior suspensions for the purpose of

determining the length of suspensions under section 1539.

Cross References. Section 1539 is referred to in sections

1551, 1554 of this title.

§ 1540. Surrender of license.

(a) Conviction of offense.--Upon a conviction by a court

of competent jurisdiction for an offense which calls for

mandatory suspension of an individual's operating privilege,

the court or the district attorney shall inform the defendant

that the suspension shall be effective within 60 days. This

section shall create a rebuttable presumption of the defendant's

knowledge of the suspension for the purposes of section 1543

(relating to driving while operating privilege is suspended or

revoked).

(b) Suspension, revocation or disqualification of operating

privilege.--

(1) Upon the suspension or revocation of the operating

privilege or the disqualification of the commercial operating

privilege of any person by the department, the department

shall forthwith notify the person in writing at the address

of record to surrender his driver's license to the department

for the term of suspension, revocation or disqualification.

Licenses that are surrendered to the department may be

destroyed. Upon the restoration of the operating privilege,

the licensee may apply for a replacement license.

(2) The department shall include with the written notice

of suspension, revocation or disqualification a form for

acknowledging the suspension, revocation or disqualification,

which form shall be filed with the department if the person

has no license to surrender.

(3) The suspension, revocation or disqualification shall

be effective upon a date determined by the department.

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(4) (Deleted by amendment).

licenses.--Any police officer or designated employee of the

Commonwealth shall be authorized to confiscate any license that

has been revoked, suspended, canceled or disqualified. The

confiscated license shall be returned to the department unless

it is necessary to keep the license as evidence of an offense.

(1) (Deleted by amendment).

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(iv) (Deleted by amendment).

(v) (Deleted by amendment).

(2) (Deleted by amendment).

(June 19, 1985, P.L.49, No.20, eff. 60 days; Nov. 6, 1985,

P.L.300, No.72, eff. 60 days; Dec. 11, 1986, P.L.1530, No.166,

eff. 60 days; Feb. 7, 1990, P.L.11, No.6, eff. 60 days; May 30,

1990, P.L.173, No.42, eff. Nov. 1, 1990; July 6, 1995, P.L.246,

No.30, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60

days; Oct. 9, 2009, P.L.494, No.49, eff. 60 days; July 20, 2017,

P.L.333, No.30, eff. 15 months)

Cross References. Section 1540 is referred to in sections

1541, 1553, 1554, 1556, 1611, 3327 of this title; section 7165

of Title 44 (Law and Justice).

§ 1541. Period of disqualification, revocation or suspension

of operating privilege.

(a) Commencement of period.--The period of disqualification,

revocation or suspension of the operating privilege or the

disqualification of the commercial operating privilege shall

commence as provided for in section 1540 (relating to surrender

of license), except for the suspension of the operating

privilege of an unlicensed individual under 16 years of age,

in which case the suspension shall commence automatically upon

the individual's 16th birthday for the specified period. The

department may, upon request of the person whose license is

suspended or disqualified, delay the commencement of the period

of suspension or disqualification for a period not exceeding

six months whenever the department determines that failure to

grant the extension will result in hardship to the person whose

license has been suspended or disqualified.

(a.1) Credit toward serving period of suspension for certain

violations.--Credit toward serving the period of suspension or

revocation imposed for sections 1543(b)(1.1) (relating to

driving while operating privilege is suspended or revoked),

3732 (relating to homicide by vehicle), 3735 (relating to

homicide by vehicle while driving under influence), 3735.1

(relating to aggravated assault by vehicle while driving under

the influence), 3742 (relating to accidents involving death or

personal injury), 3802 (relating to driving under influence of

alcohol or controlled substance) and 3808(a)(2) (relating to

illegally operating a motor vehicle not equipped with ignition

interlock) shall not commence until the date of the person's

release from prison.

(b) Eligibility for restoration of operating privilege.--Any

person whose operating privilege has been revoked or suspended

shall not be eligible for the restoration of the operating

privilege until the expiration of the period of revocation or

suspension.

whose operating privilege has been revoked pursuant to section

1542 (relating to revocation of habitual offender's license)

or 1543 is not entitled to automatic restoration of the

operating privilege. Such person may apply for a learner's

permit, if permitted under the provisions of this chapter, upon

expiration of the revocation.

(d) Continued suspension of operating privilege.--A

defendant ordered by the court under section 3816 (relating to

requirements for driving under influence offenders), as the

result of a conviction or Accelerated Rehabilitative Disposition

of a violation of section 3802 to attend a treatment program

for alcohol or drug addiction must successfully complete all

requirements of the treatment program ordered by the court

before the defendant's operating privilege may be restored.

Successful completion of a treatment program includes the

payment of all court-imposed fines and costs, as well as fees

to be paid to the treatment program by the defendant. For the

purposes of restoring a suspended license, being current on a

payment plan shall be considered as a part of a successfully

completed program. If a defendant fails to successfully complete

the requirements of a treatment program, the suspension shall

remain in effect until the defendant completes the program and

is otherwise eligible for restoration of his operating

privilege. The treatment agency shall immediately notify the

court of successful completion of the treatment program. The

final decision as to whether a defendant has successfully

completed the treatment program rests with the court.

(e) (Reserved).

(Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; July 11, 1990,

P.L.513, No.122, eff. Dec. 1, 1990; Dec. 7, 1994, P.L.820,

No.115, eff. imd.; Dec. 12, 1994, P.L.1048, No.143, eff. 9

months; Dec. 21, 1998, P.L.1126, No.151, eff. 1 year; Oct. 4,

2002, P.L.845, No.123, eff. 60 days; Sept. 30, 2003, P.L.120,

No.24, eff. Feb. 1, 2004; May 11, 2006, P.L.159, No.37, eff.

60 days; May 11, 2006, P.L.164, No.40, eff. 60 days; Oct. 27,

2006, P.L.1182, No.122, eff. 60 days; July 20, 2017, P.L.333,

No.30, eff. 15 months)

2017 Amendment. Act 30 amended subsecs. (a) and (e).

2006 Amendments. Act 37 amended subsec. (d), Act 40 amended

subsec. (a.1) and Act 122 added subsec. (e).

2003 Amendment. Act 24 amended subsecs. (a.1), (c) and (d).

2002 Amendment. Act 123 amended the section heading and

subsec. (a).

Cross References. Section 1541 is referred to in section

3815 of this title.

§ 1542. Revocation of habitual offender's license.

(a) General rule.--The department shall revoke the operating

privilege of any person found to be a habitual offender pursuant

to the provisions of this section. A "habitual offender" shall

be any person whose driving record, as maintained in the

department, shows that such person has accumulated the requisite

number of convictions for the separate and distinct offenses

described and enumerated in subsection (b) committed after the

effective date of this title and within any period of five years

thereafter.

(b) Offenses enumerated.--Three convictions arising from

separate acts of any one or more of the following offenses

committed by any person shall result in such person being

designated as a habitual offender:

(1) Any violation of Subchapter B of Chapter 37

(relating to serious traffic offenses).

(1.1) Any violation of Chapter 38 (relating to driving

after imbibing alcohol or utilizing drugs) except for

sections 3808(a)(1) and (b) (relating to illegally operating

a motor vehicle not equipped with ignition interlock) and

3809 (relating to restriction on alcoholic beverages).

(1.2) Any violation of section 1543(b)(1.1) (relating

to driving while operating privilege is suspended or

revoked).

(2) Any violation of section 3367 (relating to racing

on highways).

(3) Any violation of section 3742 (relating to accidents

involving death or personal injury).

(3.1) Any violation of section 3742.1 (relating to

accidents involving death or personal injury while not

properly licensed).

(4) Any violation of section 3743 (relating to accidents

involving damage to attended vehicle or property).

offense.--Acceptance of Accelerative Rehabilitative Disposition

for any offense enumerated in subsection (b) shall be considered

an offense for the purposes of this section.

(d) Period of revocation.--The operating privilege of any

person found to be a habitual offender under the provisions of

this section shall be revoked by the department for a period

of five years.

(e) Additional offenses.--Each additional offense committed

within a period of five years, as measured from the date of any

previous offense, shall result in a revocation for an additional

period of two years.

(Dec. 7, 1994, P.L.820, No.115, eff. imd.; Dec. 12, 1994,

P.L.1048, No.143, eff. 9 months; Dec. 21, 1998, P.L.1126,

No.151, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb.

1, 2004)

2003 Amendment. Act 24 amended subsec. (b).

1994 Amendment. Act 143 amended subsecs. (b) and (e).

Cross References. Section 1542 is referred to in sections

1516, 1534, 1541, 1543, 1554, 1575, 1783, 6503.1 of this title;

section 5502 of Title 30 (Fish).

§ 1543. Driving while operating privilege is suspended or

revoked.

(a) Offense defined.--Except as provided in subsection (b),

any person who drives a motor vehicle on any highway or

trafficway of this Commonwealth after the commencement of a

suspension, revocation or cancellation of the operating

privilege and before the operating privilege has been restored

is guilty of a summary offense and shall, upon conviction or

adjudication of delinquency, be sentenced to pay a fine of $200.

(b) Certain offenses.--

(1) The following shall apply:

(i) A person who drives a motor vehicle on a highway

or trafficway of this Commonwealth at a time when the

person's operating privilege is suspended or revoked as

a condition of acceptance of Accelerated Rehabilitative

Disposition for a violation of section 3802 (relating

to driving under influence of alcohol or controlled

substance) or the former section 3731, because of a

violation of section 1547(b)(1) (relating to suspension

for refusal) or 3802 or former section 3731 or is

suspended under section 1581 (relating to Driver's

License Compact) for an offense substantially similar

to a violation of section 3802 or former section 3731

shall, upon a first conviction, be guilty of a summary

offense and shall be sentenced to pay a fine of $500 and

to undergo imprisonment for a period of not less than

60 days nor more than 90 days.

(ii) A second violation of this paragraph shall

constitute a summary offense and, upon conviction of

this paragraph, a person shall be sentenced to pay a

fine of $1,000 and to undergo imprisonment for not less

than 90 days.

(iii) A third or subsequent violation of this

paragraph shall constitute a misdemeanor of the third

degree and, upon conviction of this paragraph, a person

shall be sentenced to pay a fine of $2,500 and to undergo

imprisonment for not less than six months.

(1.1) (i) A person who has an amount of alcohol by

weight in his blood that is equal to or greater than

.02% at the time of testing or who at the time of testing

has in his blood any amount of a Schedule I or

nonprescribed Schedule II or III controlled substance,

as defined in the act of April 14, 1972 (P.L.233, No.64),

known as The Controlled Substance, Drug, Device and

Cosmetic Act, or its metabolite or who refuses testing

of blood or breath and who drives a motor vehicle on any

highway or trafficway of this Commonwealth at a time

when the person's operating privilege is suspended or

revoked as a condition of acceptance of Accelerated

Rehabilitative Disposition for a violation of section

3802 or former section 3731 or because of a violation

of section 1547(b)(1) or 3802 or former section 3731 or

is suspended under section 1581 for an offense

substantially similar to a violation of section 3802 or

former section 3731 shall, upon a first conviction, be

guilty of a summary offense and shall be sentenced to

pay a fine of $1,000 and to undergo imprisonment for a

period of not less than 90 days.

(ii) A second violation of this paragraph shall

constitute a misdemeanor of the third degree, and upon

conviction thereof the person shall be sentenced to pay

a fine of $2,500 and to undergo imprisonment for not

less than six months.

(iii) A third or subsequent violation of this

paragraph shall constitute a misdemeanor of the first

degree, and upon conviction thereof the person shall be

sentenced to pay a fine of $5,000 and to undergo

imprisonment for not less than two years.

(2) This subsection shall apply to any person against

whom one of these suspensions has been imposed whether the

person is currently serving this suspension or whether the

effective date of suspension has been deferred under any of

the provisions of section 1544 (relating to additional period

of revocation or suspension). This provision shall also apply

until the person has had the operating privilege restored.

This subsection shall also apply to any revocation imposed

pursuant to section 1542 (relating to revocation of habitual

offender's license) if any of the enumerated offenses was

for a violation of section 3802 or former section 3731 or

for an out-of-State offense that is substantially similar

to a violation of section 3802 or former section 3731, for

which a revocation is imposed under section 1581.

receiving a certified record of the conviction or adjudication

of delinquency of any person under this section, the department

shall suspend or revoke the person's operating privilege as

follows:

(1) Except as provided for under paragraph (1.1), if

the department's records show that the person was under

suspension, recall or cancellation on the date of violation,

and had not been restored, the department shall suspend the

person's operating privilege for an additional one-year

period.

(1.1) If the department's records show that the person

was under an indefinite suspension on the date of violation

for not satisfactorily completing a driver improvement school

as required under section 1538 (relating to school,

examination or hearing on accumulation of points or excessive

speeding), and had not been restored, the department shall

suspend the person's operating privilege for an additional

30-day period.

(2) If the department's records show that the person

was under revocation on the date of violation, and had not

been restored, the department shall revoke the person's

operating privilege for an additional two-year period.

(d) Citation of appropriate subsection.--Prior to filing a

citation for a violation of this section with the issuing

authority named in the citation, the police officer shall verify

the basis for the suspension with the department. Upon receiving

the verification, the officer shall cite the appropriate

subsection of this section on the citation.

(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Dec. 11, 1986,

P.L.1530, No.166, eff. 60 days; Nov. 23, 1987, P.L.399, No.82,

eff. 60 days; Dec. 12, 1994, P.L.1048, No.143, eff. 9 months;

Dec. 21, 1998, P.L.1126, No.151, eff. imd.; Oct. 4, 2002,

P.L.845, No.123, eff. 60 days; Sept. 30, 2003, P.L.120, No.24,

eff. Feb. 1, 2004; July 5, 2012, P.L.914, No.93, eff. 60 days;

July 20, 2017, P.L.333, No.30, eff. 15 months; Oct. 24, 2018,

P.L.925, No.153, eff. 60 days; Nov. 3, 2022, P.L.1783, No.120,

eff. 14 mos.)

2022 Amendment. Act 120 amended subsec. (c).

2022 Unconstitutionality. Section 1543(b)(1)(ii) was

declared unconstitutional on March 8, 2022, by the Superior

Court of Pennsylvania in Commonwealth v. Jackson, 271 A.3d 1286

(Pa. Super 2022).

2021 Unconstitutionality. Section 1543(b)(1.1)(i) was

declared unconstitutional on April 29, 2021, by the Supreme

Court of Pennsylvania in Commonwealth v. Eid, 249 A.3d 1030

(Pa. 2021).

2018 Amendment. Act 153 amended subsec. (b)(1).

2017 Amendment. Act 30 amended subsecs. (a) and (c).

2012 Amendment. Act 93 amended subsec. (b)(1.1)(i).

2003 Amendment. Act 24 amended subsec. (b).

1994 Amendment. Act 143 amended subsecs. (b) and (c). See

section 4 of Act 143 in the appendix to this title for special

provisions relating to habitual offenders.

1987 Amendment. Act 82 added subsec. (d).

Cross References. Section 1543 is referred to in sections

1540, 1541, 1542, 1547, 1549, 1553, 1554, 3732, 3732.1, 3735.1,

3807, 3811, 3812, 6309.1, 6503, 6506 of this title; section

8137 of Title 35 (Health and Safety); sections 1522, 1725.3,

5553, 9763 of Title 42 (Judiciary and Judicial Procedure).

§ 1544. Additional period of revocation or suspension.

(a) Additional point accumulation.--When any person's record

shows an accumulation of additional points during a period of

suspension or revocation, the department shall extend the

existing period of suspension or revocation at the rate of five

days for each additional point and the person shall be so

notified in writing.

(b) Additional suspension.--When any person's record shows

an additional suspension of the operating privilege assessed

during a period of suspension or revocation, the department

shall extend the existing period of suspension or revocation

for the appropriate period and the person shall be so notified

in writing.

shows an additional conviction calling for revocation of the

operating privilege during a period of suspension, the

department shall add the appropriate revocation onto the period

of suspension and the person shall be so notified in writing.

(d) Revocation during revocation.--When any person's record

shows a conviction calling for revocation of the operating

privilege during a period of revocation, the department shall

extend the existing period of revocation for the appropriate

period and the person shall be so notified in writing.

Cross References. Section 1544 is referred to in sections

1543, 1545 of this title.

§ 1545. Restoration of operating privilege.

Upon the restoration of any person's operating privilege

which has been suspended or revoked pursuant to this subchapter

or pursuant to Chapter 38 (relating to driving after imbibing

alcohol or utilizing drugs), such person's record shall show

five points, except that any additional points assessed against

the person since the date of the last violation resulting in

the suspension or revocation shall be added to such five points

unless the person has served an additional period of suspension

or revocation pursuant to section 1544(a) (relating to

additional period of revocation or suspension). This section

shall not apply to section 1533 (relating to suspension of

operating privilege for failure to respond to citation) or to

18 Pa.C.S. § 6310.4 (relating to restriction of operating

privileges).

(June 23, 1982, P.L.605, No.171, eff. imd.; June 16, 1989,

P.L.25, No.8, eff. imd.; Sept. 30, 2003, P.L.120, No.24, eff.

Feb. 1, 2004)

References in Text. 18 Pa.C.S. § 6310.4, referred to in

the section, was repealed by the act of October 24, 2018

(P.L.659, No.95).

Cross References. Section 1545 is referred to in sections

1532, 3717 of this title.

§ 1546. Suspension or revocation of nonresident's operating

privilege.

(a) General rule.--The privilege of driving a motor vehicle

on the highways of this Commonwealth given to a nonresident

shall be subject to suspension or revocation by the department

in like manner and for like cause as a resident's operating

privilege.

(b) Transmitting department action to state of

residence.--When a nonresident's operating privilege is

suspended or revoked, the department shall forward a certified

copy of the record of such action to the motor vehicle

administrator in the state wherein such person resides if there

is a reciprocity agreement with the other state.

§ 1547. Chemical testing to determine amount of alcohol or

controlled substance.

(a) General rule.--Any person who drives, operates or is

in actual physical control of the movement of a vehicle in this

Commonwealth shall be deemed to have given consent to one or

more chemical tests of breath or blood for the purpose of

determining the alcoholic content of blood or the presence of

a controlled substance if a police officer has reasonable

grounds to believe the person to have been driving, operating

or in actual physical control of the movement of a vehicle in

violation of section 1543(b)(1.1) (relating to driving while

operating privilege is suspended or revoked), 3802 (relating

to driving under influence of alcohol or controlled substance)

or 3808(a)(2) (relating to illegally operating a motor vehicle

not equipped with ignition interlock).

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(b) Civil penalties for refusal.--

(1) If any person placed under arrest for a violation

of section 3802 is requested to submit to chemical testing

and refuses to do so, the testing shall not be conducted but

upon notice by the police officer, the department shall

suspend the operating privilege of the person as follows:

(i) Except as set forth in subparagraph (ii), for

a period of 12 months.

(ii) For a period of 18 months if any of the

following apply:

(A) The person's operating privileges have

previously been suspended under this subsection.

(B) The person has, prior to the refusal under

this paragraph, been sentenced for:

(I) an offense under section 3802;

(II) an offense under former section 3731;

(III) an offense equivalent to an offense

under subclause (I) or (II); or

(IV) a combination of the offenses set forth

in this clause.

(2) It shall be the duty of the police officer to inform

the person that:

(i) the person's operating privilege will be

suspended upon refusal to submit to chemical testing and

the person will be subject to a restoration fee of up

to $2,000; and

(ii) if the person refuses to submit to chemical

breath testing, upon conviction or plea for violating

section 3802(a)(1), the person will be subject to the

penalties provided in section 3804(c) (relating to

penalties).

(3) Any person whose operating privilege is suspended

under the provisions of this section shall have the same

right of appeal as provided for in cases of suspension for

other reasons.

(b.1) Other civil penalties for refusal.--

(1) If any person placed under arrest for a violation

of section 1543(b)(1.1) or 3808(a)(2) is requested to submit

to chemical testing and refuses to do so, the testing shall

not be conducted; but, upon notice by the police officer and

provided no suspension is imposed pursuant to subsection

(b), the department shall suspend the operating privilege

of the person for a period of six months.

(2) It shall be the duty of the police officer to inform

the person that the person's operating privileges will be

suspended upon refusal to submit to chemical testing and the

person will be subject to a restoration fee of up to $2,000.

(3) Notwithstanding section 3805(c) (relating to

ignition interlock), if any person receives a suspension

pursuant to this subsection who at the time of the offense

was required to comply with the provisions of section 3805

prior to obtaining a replacement license under section

1951(d) (relating to driver's license and learner's license)

that does not contain an ignition interlock restriction, the

suspension imposed pursuant to this subsection shall result

in the recall of any ignition interlock restricted license

previously issued and the driver shall surrender the ignition

interlock restricted license to the department and, prior

to the issuance of a replacement license under section

1951(d) that does not contain an ignition interlock

restriction, the department shall require that the person

comply with the provisions of section 3805.

(b.2) Restoration fees.--

(1) A person whose operating privilege has been

suspended in accordance with subsection (b) or (b.1) shall:

(i) Except as provided in subparagraph (ii) or

(iii), pay a restoration fee of $500.

(ii) If the department has previously suspended the

person's operating privilege under this section on one

occasion, pay a restoration fee of $1,000.

(iii) If the department has previously suspended

the person's operating privilege under this section on

two or more occasions, pay a restoration fee of $2,000.

(2) All restoration fees imposed under this section

must be paid prior to the reinstatement of an individual's

unrestricted operating privilege or in accordance with

section 1556(b)(3) (relating to ignition interlock limited

license).

(b.3) Limitation.--Nothing in this section shall be

construed as limiting the ability of law enforcement to obtain

chemical testing pursuant to a valid search warrant, court order

or any other basis permissible by the Constitution of the United

States and the Constitution of Pennsylvania.

proceeding or criminal proceeding in which the defendant is

charged with a violation of section 3802 or any other violation

of this title arising out of the same action, the amount of

alcohol or controlled substance in the defendant's blood, as

shown by chemical testing of the person's breath or blood, which

tests were conducted by qualified persons using approved

equipment, shall be admissible in evidence.

(1) Chemical tests of breath shall be performed on

devices approved by the Department of Health using procedures

prescribed jointly by regulations of the Departments of

Health and Transportation. Devices shall have been calibrated

and tested for accuracy within a period of time and in a

manner specified by regulations of the Departments of Health

and Transportation. For purposes of breath testing, a

qualified person means a person who has fulfilled the

training requirement in the use of the equipment in a

training program approved by the Departments of Health and

Transportation. A certificate or log showing that a device

was calibrated and tested for accuracy and that the device

was accurate shall be presumptive evidence of those facts

in every proceeding in which a violation of this title is

charged.

(2) (i) Chemical tests of blood, if conducted by a

facility located in this Commonwealth, shall be performed

by a clinical laboratory licensed and approved by the

Department of Health for this purpose using procedures

and equipment prescribed by the Department of Health or

by a Pennsylvania State Police criminal laboratory. For

purposes of blood testing, qualified person means an

individual who is authorized to perform those chemical

tests under the act of September 26, 1951 (P.L.1539,

No.389), known as The Clinical Laboratory Act.

(ii) For purposes of blood testing to determine

blood alcohol or controlled substance content levels,

the procedures and equipment prescribed by the Department

of Health shall be reviewed within 120 days of the

effective date of this subparagraph and at least every

two years thereafter to ensure that consideration is

given to scientific and technological advances so that

testing conducted in accordance with the prescribed

procedures utilizing the prescribed equipment will be

as accurate and reliable as science and technology

permit.

(3) Chemical tests of blood, if conducted by a facility

located outside this Commonwealth, shall be performed:

(i) by a facility licensed and approved by the

Department of Health for this purpose; or

(ii) by a facility licensed to conduct the tests

by the state in which the facility is located and

licensed pursuant to the Clinical Laboratory Improvement

Amendments of 1988 (Public Law 100-578, 102 Stat. 2903).

(4) For purposes of blood testing to determine the

amount of a Schedule I or nonprescribed Schedule II or III

controlled substance or a metabolite of such a substance,

the Department of Health shall prescribe minimum levels of

these substances which must be present in a person's blood

in order for the test results to be admissible in a

prosecution for a violation of section 1543(b)(1.1),

3802(d)(1), (2) or (3) or 3808(a)(2).

(d) Presumptions from amount of alcohol.--(Repealed).

(e) Refusal admissible in evidence.--In any summary

proceeding or criminal proceeding in which the defendant is

charged with a violation of section 3802 or any other violation

of this title arising out of the same action, the fact that the

defendant refused to submit to chemical testing as required by

subsection (a) may be introduced in evidence along with other

testimony concerning the circumstances of the refusal. No

presumptions shall arise from this evidence but it may be

considered along with other factors concerning the charge.

(f) Other evidence admissible.--Subsections (a) through (i)

shall not be construed as limiting the introduction of any other

competent evidence bearing upon the question whether or not the

defendant was under the influence of alcohol.

(g) Test results available to defendant.--Upon the request

of the person tested, the results of any chemical test shall

be made available to him or his attorney.

(g.1) Cost of testing.--The cost of chemical testing,

including the drawing of blood, performed under this section

shall be paid as follows:

(1) By the individual tested, if the individual was

convicted of or placed into any preadjudication program or

adjudicated delinquent for a violation of section 3802.

(2) By the requesting authority, if the individual was

found not guilty under section 3802 or had the charges

dismissed or withdrawn.

(h) Test by personal physician.--The person tested shall

be permitted to have a physician of his own choosing administer

an additional breath or blood chemical test and the results of

the test shall also be admissible in evidence. The chemical

testing given at the direction of the police officer shall not

be delayed by a person's attempt to obtain an additional test.

(i) Request by driver for test.--Any person involved in an

accident or placed under arrest for a violation of section

1543(b)(1.1), 3802 or 3808(a)(2) may request a chemical test

of his breath or blood. Such requests shall be honored when it

is reasonably practicable to do so.

(j) Immunity from civil liability and reports.--No

physician, nurse or technician or hospital employing such

physician, nurse or technician, and no other employer of such

physician, nurse or technician shall be civilly liable for

withdrawing blood and reporting test results to the police at

the request of a police officer pursuant to this section. No

physician, nurse or technician or hospital employing such

physician, nurse or technician may administratively refuse to

perform such tests and provide the results to the police officer

except as may be reasonably expected from unusual circumstances

that pertain at the time the request is made.

(k) Prearrest breath test authorized.--A police officer,

having reasonable suspicion to believe a person is driving or

in actual physical control of the movement of a motor vehicle

while under the influence of alcohol, may require that person

prior to arrest to submit to a preliminary breath test on a

device approved by the Department of Health for this purpose.

The sole purpose of this preliminary breath test is to assist

the officer in determining whether or not the person should be

placed under arrest. The preliminary breath test shall be in

addition to any other requirements of this title. No person has

any right to expect or demand a preliminary breath test. Refusal

to submit to the test shall not be considered for purposes of

subsections (b) and (e).

(l) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Adult." A person 21 years of age or older.

"Minor." A person under 21 years of age.

(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Feb. 12, 1984,

P.L.53, No.12, eff. imd.; May 30, 1990, P.L.173, No.42, eff.

Apr. 1, 1992; Dec. 18, 1992, P.L.1411, No.174, eff. 60 days;

July 2, 1996, P.L.535, No.93; July 11, 1996, P.L.660, No.115,

eff. 30 days; Dec. 21, 1998, P.L.1126, No.151, eff. imd.; Oct.

4, 2002, P.L.845, No.123, eff. 60 days; Sept. 30, 2003, P.L.120,

No.24; Nov. 29, 2004, P.L.1369, No.177, eff. imd.; May 11, 2006,

P.L.164, No.40, eff. 60 days; May 25, 2016, P.L.236, No.33,

eff. imd.; July 20, 2017, P.L.333, No.30)

2017 Amendment. Act 30 amended subsecs. (a), (b) and (b.1)

and added subsecs. (b.2) and (b.3), effective immediately as

to subsec. (b)(2)(ii) and six months as to subsecs. (a), (b)

heading, (1), (2)(i) and (3), (b.1), (b.2) and (b.3).

2016 Amendment. Act 33 amended subsecs. (a), (c) intro.

par., (2) and (3), (g.1), (h), (i) and (j).

2006 Amendment. Act 40 added subsec. (g.1).

2003 Amendment. Act 24 amended subsecs. (a), (b)(1) and

(2), (c), (d), (e) and (i) and added subsec. (b.1), effective

Sept. 30, 2003, as to subsec. (d) and February 1, 2004, as to

the remainder of the section.

2003 Repeal. Act 24 repealed subsec. (d), effective February

1, 2004.

1996 Amendments. Act 93 amended subsec. (d) and added

subsec. (l), effective in 30 days as to subsec. (d) and 60 days

as to subsec. (l), and Act 115 amended subsec. (d) and added

subsec. (l). Act 115 overlooked the amendment by Act 93 to

subsec. (d), but the amendments do not conflict in substance

and have both been given effect in setting forth the text of

subsec. (d). The addition by Acts 93 and 115 of subsec. (l) are

identical and therefore have been merged.

1984 Amendment. Act 12 amended subsec. (j). Section 12 of

Act 12 provided that the amendment to section 1547 shall be

retroactive to January 14, 1983.

Cross References. Section 1547 is referred to in sections

102, 1508, 1543, 1553, 1554, 1556, 1613, 3804, 3805 of this

title; section 5125 of Title 30 (Fish); section 933 of Title

42 (Judiciary and Judicial Procedure).

§ 1548. Requirements for driving under influence offenders.

(a) Evaluation using Court Reporting Network.--(Deleted by

amendment).

(b) Attendance at alcohol highway safety school.--(Deleted

by amendment).

(d) Order for alcohol or drug commitment.--(Expired).

(e) Costs.--(Expired).

(f) Court-ordered intervention or treatment.--(Expired).

(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Nov. 23, 1987,

P.L.399, No.82, eff. 60 days; July 11, 1990, P.L.513, No.122,

eff. Dec. 1, 1990; June 25, 1999, P.L.164, No.23, eff. 180 days;

Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004)

2009 Expiration. Subsections (c), (d), (e) and (f) expired

July 1, 2009. See Act 24 of 2003.

§ 1549. Establishment of schools.

(a) Driver improvement schools.--The department is

authorized to establish and maintain driver improvement schools

throughout this Commonwealth. The department may approve and

conduct an annual review of the course material for the schools.

The curriculum to be presented must be uniform throughout this

Commonwealth, except as permitted under subsection (a.1)(3).

All instructors shall be properly certified by the department

after the completion of a course of instruction approved by the

department.

(a.1) Third party authorized.--The department may authorize

a third party to operate a driver improvement school, in

addition to a driver improvement school operated by the

department, for the purpose of fulfilling the requirements of

subsection (a) and section 1538 (relating to school, examination

or hearing on accumulation of points or excessive speeding) as

follows:

(1) The third party may include, but need not be limited

to:

(i) A nationally recognized nonprofit or

not-for-profit organization which provides driver

education services to improve traffic safety.

(ii) A private driving school in this Commonwealth.

(2) The third party shall offer classroom instruction,

online instruction or a combination of both.

(3) The department shall establish a minimum curriculum

requirement that is designed to create behavioral change in

the driver, but shall not require the third party to

implement the same curriculum utilized by a driver

improvement school operated by the department under

subsection (a), provided that the curriculum of the third

party meets the minimum curriculum requirements of the

department.

(4) The department shall establish minimum instruction

hours for a person attending a driver improvement school

operated by the third party, which shall be no less than

four hours and no more than eight hours and shall be

consistent among all authorized third-party providers.

(5) A third party approved by the department under this

subsection may be authorized to administer an end-of-course

examination required under section 1538 as part of the driver

improvement school, provided that the examination is the

same examination administered by the department.

(6) A third party may only operate a driver improvement

school if the third party has entered into an agreement with

the department and the agreement is in effect.

(7) The department may, at its discretion, impose

additional requirements for a third party.

(b) Alcohol highway safety schools.--

(1) Each county, multicounty judicial district or group

of counties combined under one program shall, in compliance

with regulations of the department and the Department of

Health, establish and maintain a course of instruction on

the problems of alcohol and driving. The time during which

the course is offered shall accommodate persons' work

schedules, including weekend and evening times.

(2) These regulations shall include, but not be limited

to, a uniform curriculum for the course of instruction,

training and certification requirements for instructors and

provision for the giving of both oral and written notice of

the provisions of section 1543(b) (relating to driving while

operating privilege is suspended or revoked) to all program

participants.

(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Nov. 23, 1987,

P.L.399, No.82, eff. 60 days; Sept. 30, 2003, P.L.120, No.24,

eff. Feb. 1, 2004; Nov. 3, 2022, P.L.1783, No.120, eff. 14 mos.)

2022 Amendment. Act 120 amended subsec. (a) and added

subsec. (a.1).

2003 Amendment. Act 24 amended subsec. (b). Section 20(2)

of Act 24 provided that by October 1, 2004, the Department of

Transportation shall promulgate regulations to implement subsec.

(b).

Cross References. Section 1549 is referred to in sections

102, 3807 of this title.

§ 1550. Judicial review.

(a) General rule.--Any person who has been denied a driver's

license, whose driver's license has been canceled, whose

commercial driver's license designation has been removed or

whose operating privilege has been recalled, suspended, revoked

or disqualified by the department shall have the right to appeal

to the court vested with jurisdiction of such appeals by or

pursuant to Title 42 (relating to judiciary and judicial

procedure). The appellant shall serve a copy of the petition

for appeal, together with a copy of the notice of the action

from which the appeal has been taken, upon the department's

legal office.

(b) Supersedeas.--

(1) (i) Except as provided in subparagraphs (ii) and

(iii), filing and service of a petition for appeal from

a suspension or revocation shall operate as a supersedeas

until final determination of the matter by the court

vested with the jurisdiction of such appeals.

(ii) The filing and service of a petition for appeal

from denial, recall, suspension or cancellation of a

driver's license or from removal of the commercial

driver's license designation under section 1503 (relating

to persons ineligible for licensing; license issuance

to minors; junior driver's license), 1504 (relating to

classes of licenses), 1509 (relating to qualifications

for school bus driver endorsement), 1514 (relating to

expiration and renewal of drivers' licenses), 1519

(relating to determination of incompetency), 1572

(relating to cancellation of driver's license) or 1609.3

(relating to noncompliance with certification

requirements) shall not act as a supersedeas unless

ordered by the court after a hearing attended by the

petitioner.

(iii) Further review by another court shall not

operate as a supersedeas unless a court of competent

jurisdiction determines otherwise.

(2) In the case of a disqualification of the commercial

operating privilege, the driver may petition to the court

of common pleas of his county of residence, which court may

grant a supersedeas ex parte upon a showing of reasonable

likelihood of successful prosecution of the appeal.

for hearing upon 60 days' written notice to the department and

determine whether:

(1) the petitioner's driver's license should be denied

or canceled;

(2) the petitioner's operating privilege should be

suspended, revoked or recalled; or

(3) the petitioner's endorsement or commercial driver's

license designation should be removed.

(d) Documentation.--

(1) In any proceeding under this section, documents

received by the department from the courts or administrative

bodies of other states or the Federal Government shall be

admissible into evidence to support the department's case.

In addition, the department may treat the received documents

as documents of the department and use any of the methods

of storage permitted under the provisions of 42 Pa.C.S. §

6109 (relating to photographic copies of business and public

records) and may reproduce such documents in accordance with

the provisions of 42 Pa.C.S. § 6103 (relating to proof of

official records). In addition, if the department receives

information from courts or administrative bodies of other

states or the Federal Government by means of electronic

transmission, it may certify that it has received the

information by means of electronic transmission and that

certification shall be prima facie proof of the adjudication

and facts contained in such an electronic transmission.

(2) In any proceeding under this section, documents

received by the department from any other court or from an

insurance company shall be admissible into evidence to

support the department's case. In addition, if the department

receives information from a court by means of electronic

transmission or from an insurance company which is complying

with its obligation under Subchapter H of Chapter 17

(relating to proof of financial responsibility) by means of

electronic transmission, it may certify that it has received

the information by means of electronic transmission, and

that certification shall be prima facie proof of the

adjudication and facts contained in such an electronic

transmission.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; May 30, 1990,

P.L.173, No.42, eff. Nov. 1, 1990; June 28, 1993, P.L.137,

No.33, eff. July 1, 1993; July 2, 1993, P.L.408, No.58, eff.

60 days; Feb. 10, 1994, P.L.20, No.3, eff. 60 days; Oct. 7,

1996, P.L.688, No.118, eff. 60 days; June 25, 1999, P.L.164,

No.23, eff. 180 days; Jan. 27, 2012, P.L.1, No.1, eff. imd.;

Nov. 25, 2013, P.L.974, No.89, eff. imd.)

2013 Amendment. Act 89 reenacted subsec. (d)(2). See the

preamble to Act 89 in the appendix to this title for special

provisions relating to legislative findings and declarations.

2012 Amendment . Act 1 amended subsecs. (a), (b)(1)(ii)

and (c).

1996 Amendment. Act 118 amended subsecs. (a), (b) and (c).

1994 Amendment. Act 3 added subsec. (d). The amendment by

Act 3 is identical to the amendments by Acts 33 and 58 of 1993

and therefore the text has been merged. See section 8 of Act 3

in the appendix to this title for special provisions relating

to savings provision.

1993 Amendment. See section 12 of Act 58 in the appendix

to this title for special provisions relating to savings

provision.

Cross References. Section 1550 is referred to in sections

102, 1519, 1551, 1553, 1554, 1556, 1786, 3753 of this title;

section 4355 of Title 23 (Domestic Relations); section 933 of

Title 42 (Judiciary and Judicial Procedure).

§ 1551. Notice of department action.

The department shall promptly mail a notice to each person

whose license is suspended as a result of the accumulation of

points under section 1539 (relating to suspension of operating

privilege on accumulation of points). The notice shall be mailed

to the address of record within six months following the

conviction of a violation of this title that resulted in the

addition of sufficient points to cause the suspension. Failure

of the department to mail notice of suspension as required by

this section shall prohibit the department from suspending the

license of such person. This section shall not apply to any

suspension which would have been imposed as the result of points

which have been assigned to a person's record after the person

has filed an appeal under section 1550 (relating to judicial

review) until the appeal has been finally determined and for

six months after the department is notified of the

determination. This section shall not apply to a suspension

imposed as the result of the determination of the appeal whether

it be the reimposition of the suspension originally ordered or

the imposition of a different suspension required because the

department must recalculate the record due to a court order.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. July 1, 1999)

§ 1552. Accelerated Rehabilitative Disposition.

The court of common pleas in each judicial district and the

Municipal Court of Philadelphia shall establish and implement

a program for Accelerated Rehabilitative Disposition for persons

charged with a violation of section 3802 (relating to driving

under influence of alcohol or controlled substance) in

accordance with the provisions of this chapter, Chapter 38

(relating to driving after imbibing alcohol or utilizing drugs)

and rules adopted by the Supreme Court.

(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Sept. 30, 2003,

P.L.120, No.24, eff. Feb. 1, 2004; Nov. 29, 2004, P.L.1369,

No.177, eff. imd.)

§ 1553. Occupational limited license.

(a) Issuance.--

(1) The department shall issue an occupational limited

license under the provisions of this section to a driver

whose operating privileges have been suspended for a

violation of this title, except for an offense under section

3802 (relating to driving under influence of alcohol or

controlled substance) or under former section 3731 (relating

to driving under influence of alcohol or controlled

substance) or for a refusal to submit to chemical testing

under section 1547 (relating to chemical testing to determine

amount of alcohol or controlled substance), and is not

prohibited under any other provision in this section. If the

underlying reason for the suspension was caused by violations

committed while the driver was operating a commercial motor

vehicle, the driver shall not be issued an occupational

limited license for the purpose of operating a commercial

motor vehicle. The department shall prohibit the issuance

of an occupational limited license when disqualified from

doing so under the Commercial Motor Vehicle Safety Act of

1986 (Title XII of Public Law 99-570, 49 U.S.C. App. § 2701

et seq.) or the Motor Carrier Safety Improvement Act of 1999

(Public Law 106-159, 113 Stat. 1748).

(2) The department shall not issue an occupational

limited license to drivers whose operating privileges have

been recalled, canceled or revoked.

(b) Petition.--

(1) The applicant for an occupational limited license

must file a petition with the department, by certified mail,

setting forth in detail the need for operating a motor

vehicle. The petition shall be on a form prescribed by the

department and shall identify the specific motor vehicle or

vehicles the petitioner seeks permission to operate. The

petition shall include an explanation as to why the operation

of a motor vehicle is essential to the petitioner's

occupation, work, trade, treatment or study. The petition

shall identify the petitioner's employer, educational

institution or treatment facility, as appropriate, and shall

include proof of financial responsibility covering all

vehicles which the petitioner requests to be allowed to

operate. The department shall promulgate regulations to

require additional information as well as additional evidence

to verify the information contained in the petition.

(2) The petitioner shall surrender his driver's license

in accordance with section 1540 (relating to surrender of

license). If the petitioner's driver's license has been lost

or stolen, the petitioner shall submit an application for a

replacement license, along with the proper fee. If the

petitioner is a nonresident licensed driver, the petitioner

shall submit an acknowledgment of suspension in lieu of a

driver's license. If the petitioner's license has expired,

the petitioner shall submit an application for renewal, along

with the appropriate fee. All fines, costs and restoration

fees must be paid at the time of petition.

(3) Consistent with the provisions of this section, the

department shall issue an occupational limited license to

the applicant within 20 days of receipt of the petition.

(4) (i) A person whose operating privilege has been

suspended for a conviction of section 1543 (relating to

driving while operating privilege is suspended or

revoked) may not petition for an occupational limited

license unless department records show that the

suspension for a conviction of section 1543 occurred

only as the result of:

(A) a suspension for failure to respond to a

citation imposed under the authority of section 1533

(relating to suspension of operating privilege for

failure to respond to citation) or 6146 (relating

to enforcement agreements);

(B) a suspension for failure to undergo a

special examination imposed under the authority of

section 1538(a) (relating to school, examination or

hearing on accumulation of points or excessive

speeding);

departmental hearing imposed under the authority of

section 1538(b); or

(D) a suspension that occurred as a result of

a violation of section 1772(b) (relating to

suspension for nonpayment of judgments), 1774

(relating to payments sufficient to satisfy

judgments) or 1775 (relating to installment payment

of judgments).

(ii) The petition may not be filed until three

months have been served for the suspension under section

1543(a).

license shall be $65. This fee shall be nonrefundable and no

other fee shall be required.

(d) Unauthorized issuance.--The department shall prohibit

issuance of an occupational limited license to:

(1) A driver who is not licensed to drive by this or

any other state.

(2) Any person who is required by this title to take

an examination and who has failed to take and pass such an

examination.

(3) Any person who has an unsatisfied judgment against

him as the result of a motor vehicle operation, until such

judgment has been satisfied under the provisions of section

1774 (relating to payments sufficient to satisfy judgments)

or an installment agreement has been entered into to satisfy

the judgment as permitted under section 1772(b) (relating

to suspension for nonpayment of judgments) or 1775 (relating

to installment payment of judgments) and the financial

responsibility of such person has been established.

(4) Any person applying for an occupational limited

license to operate a commercial motor vehicle whose

commercial driver's license privilege is disqualified under

the provisions of section 1611 (relating to

disqualification).

(5) Any person who, at the time he applies for an

occupational limited license, has previously been granted

such a privilege within the period of five years next

preceding such application.

(6) (Deleted by amendment).

(7) (Deleted by amendment).

(8) (Deleted by amendment).

(9) Except as set forth in subsection (d.3), any person

whose operating privilege has been suspended for a violation

of 18 Pa.C.S. § 6308 (relating to purchase, consumption,

possession or transportation of liquor or malt or brewed

beverages) unless the suspension imposed has been fully

served.

(10) (i) Except as provided under subparagraph (ii),

any person whose operating privilege has been suspended

pursuant to either former section 13(m) of the act of

April 14, 1972 (P.L.233, No.64), known as The Controlled

Substance, Drug, Device and Cosmetic Act, or section

1532(c) (relating to suspension of operating privilege)

unless the suspension imposed has been fully served.

(ii) Subparagraph (i) shall not apply to a person

whose:

(A) operating privilege has been suspended

pursuant to either:

(I) former section 13(m) of The Controlled

Substance, Drug, Device and Cosmetic Act; or

(II) section 1532(c) for a conviction of

any offense involving the possession, sale,

delivery, offering for sale, holding for sale or

giving away of any controlled substance under

the laws of the United States, this Commonwealth

or any other state; and

(B) record of conviction, adjudication of

delinquency or a granting of a consent decree was

not sent to the department within the time period

required under section 6323(1) (relating to reports

by courts).

(11) Any person whose operating privilege has been

suspended or revoked as the result of a conviction of or as

a result of a court order in conjunction with an adjudication

of delinquency or the granting of a consent decree for any

offense under the following provisions, unless the suspension

or revocation has been fully served:

Section 3345(a) (relating to meeting or overtaking

school bus).

Section 3367 (relating to racing on highways).

Any violation of Ch. 37 Subch. B (relating to serious

traffic offenses) or C (relating to accidents and

accident reports).

(12) Any person whose operating privilege is currently

suspended for failure to respond to a citation pursuant to

section 1533 or 6146.

(13) Any person whose operating privilege is currently

suspended pursuant to section 1784 (relating to proof of

financial responsibility following violation), 1785 (relating

to proof of financial responsibility following accident) or

1786 (relating to required financial responsibility).

(14) Any person whose operating privilege is currently

suspended for failure to attend and satisfactorily complete

a driver improvement course or failure to attend a hearing

required under section 1538.

(15) Any person whose operating privilege has been

suspended for a conviction of section 1543 unless department

records show that the suspension for a conviction of section

1543 occurred only as a result of:

(i) a suspension for failure to respond to a

citation imposed under the authority of section 1533 or

6146;

(ii) a suspension for failure to undergo a special

examination imposed under the authority of section

1538(a); or

(iii) a suspension for failure to attend a

departmental hearing imposed under the authority of

section 1538(b).

(16) Any person whose operating privilege has been

suspended under an interjurisdictional agreement as provided

for in section 6146 as the result of a conviction or

adjudication if the conviction or adjudication for an

equivalent offense in this Commonwealth would have prohibited

the issuance of an occupational limited license.

(17) Any person whose operating privilege has been

suspended as the result of a conviction of a violation of

section 7102(b) (relating to removal or falsification of

identification number), 7103(b) (relating to dealing in

vehicles with removed or falsified numbers), 7111 (relating

to dealing in titles and plates for stolen vehicles), 7121

(relating to false application for certificate of title or

registration) or 7122 (relating to altered, forged or

counterfeit documents and plates) unless the suspension has

been fully served.

(18) Any person whose operating privilege has been

suspended under section 1532 (a.1) for conviction or

adjudication of delinquency based on a violation of section

3732 (relating to homicide by vehicle) or 3735 (relating to

homicide by vehicle while driving under influence).

(d.1) Adjudication eligibility.--(Deleted by amendment).

(d.2) Suspension eligibility.--(Deleted by amendment).

(d.3) Suspension eligibility related to Title 18

violation.--An individual whose operating privilege has been

suspended for a violation of 18 Pa.C.S. § 6308 shall be eligible

for an occupational limited license unless the individual has

previously violated 18 Pa.C.S. § 6308.

(e) Offenses committed during a period for which an

occupational limited license has been issued.--Any driver who

has been issued an occupational limited license and as to whom

the department receives a report of conviction of an offense

for which the penalty is a cancellation, disqualification,

recall, suspension or revocation of operating privileges or a

report under section 3815(c)(4) (relating to mandatory

sentencing) shall have the occupational limited license

recalled, and the driver shall surrender the limited license

to the department or its agents designated under the authority

of section 1540.

(f) Restrictions.--A driver who has been issued an

occupational limited license shall observe the following:

(1) The driver shall operate a designated vehicle only:

(i) Between the driver's place of residence and

place of employment or study and as necessary in the

course of employment or conducting a business or pursuing

a course of study where the operation of a motor vehicle

is a requirement of employment or of conducting a

business or of pursuing a course of study.

(ii) To and from a place for scheduled or emergency

medical examination or treatment. This subparagraph

includes treatment required under Chapter 38 (relating

to driving after imbibing alcohol or utilizing drugs).

(2) A driver who has been issued an occupational limited

license shall not operate a school bus.

(3) Any person who violates the conditions of issuance

or restrictions of the occupational limited license commits

a summary offense and shall, upon conviction, pay a fine of

$200 and, upon receipt of a certified record of conviction,

the department shall recall the limited license.

(4) The operating privilege of a driver who has been

issued an occupational limited license remains under

suspension or revocation except when operating a motor

vehicle in accordance with the conditions of issuance or

restrictions of the occupational limited license.

(5) A driver who has been issued an occupational limited

license shall possess a completed occupational limited

license affidavit on a form prescribed by the department at

all times when operating a motor vehicle. The driver shall

exhibit the completed form upon demand by a police officer.

The affidavit shall indicate that the driver is operating

the motor vehicle at a time and between places in accordance

with the restrictions of paragraph (1). An occupational

limited license affidavit shall contain information required

by regulations which shall be promulgated by the department.

The driver is not required to possess a completed

occupational limited license affidavit when operating a motor

vehicle to a location for emergency medical treatment.

(g) Changes in condition.--A driver who is granted an

occupational limited license shall immediately inform the

department in writing of any change in the conditions under

which that driver applied for the occupational limited license.

Upon failure to give prompt notice of any changes or if the

conditions for the limited license no longer exist, the

department shall recall the occupational limited license.

(h) Appeal from denial or recall of occupational limited

license.--Any driver who is denied an occupational limited

license or whose occupational limited license is recalled may

file with the department a petition for a hearing. The hearing

shall be conducted in accordance with Title 2 (relating to

administrative law and procedure). The department may charge a

reasonable fee based on the cost to the department for

conducting such a hearing. The appeal shall not operated as an

automatic supersedeas. If an administrative hearing officer

orders a supersedeas in any appeal, the petitioner shall earn

no credit toward serving the suspension for which the petitioner

was granted an occupational limited license. An appeal from a

decision of an administrative hearing officer may be taken in

the manner provided in 42 Pa.C.S. § 763(a) (relating to direct

appeals from government agencies). Appeals under this subchapter

are exempt from the provisions of section 1550(b) (relating to

judicial review) and from the provisions of 42 Pa.C.S. § 933

(relating to appeals from government agencies).

(May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; Dec. 7, 1994,

P.L.820, No.115, eff. imd.; Dec. 12, 1994, P.L.1048, No.143,

eff. 9 months; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days;

Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Dec. 23, 2002,

P.L.1982, No.229, eff. 60 days; Sept. 30, 2003, P.L.120, No.24,

eff. Feb. 1, 2004; Nov. 25, 2013, P.L.974, No.89, eff. Jan. 1,

2014; Oct. 27, 2014, P.L.2905, No.189, eff. imd.; May 25, 2016,

P.L.236, No.33, eff. 15 months)

2016 Amendment. Act 33 amended subsec. (a)(1) and deleted

subsecs. (d)(6), (7) and (8), (d.1) and (d.2).

2014 Amendment. Act 189 amended subsec. (d)(10). See section

3 of Act 189 in the appendix to this title for special

provisions relating to retroactivity.

2013 Amendment. Act 89 amended subsec. (c). See the preamble

to Act 89 in the appendix to this title for special provisions

relating to legislative findings and declarations.

2003 Amendment. Act 24 amended subsecs. (b)(1), (c), (d)(6),

(8) and (9), (e) and (f) and added subsecs. (d.1), (d.2) and

(d.3). See section 20(1) of Act 24 in the appendix to this title

for special provisions relating to duties of Department of

Transportation.

2002 Amendments. Act 123 amended subsecs. (b) and (d) and

Act 229 amended subsecs. (a) and (d)(11).

1994 Amendments. Act 115 amended subsec. (d)(10) and Act

143 amended subsecs. (b), (d), (e) and (h). Act 143 overlooked

the amendment by Act 115, but the amendments do not conflict

in substance and have both been given effect in setting forth

the text of subsec. (d)(10).

1990 Amendment. Act 42 added section 1553.

References in Text. Sections 7102 and 7103, referred to in

subsec. (d)(17), are repealed.

Cross References. Section 1553 is referred to in sections

3806, 3815 of this title.

§ 1554. Probationary license.

(a) Issuance.--Unless otherwise prohibited under any other

provision in this section, the department may issue a

probationary license under this section to:

(1) a person who has been designated as a habitual

offender under section 1542 (relating to revocation of

habitual offender's license) and whose operating privilege

has been revoked; or

(2) a person with an accumulation of suspensions or

revocations wherein the cumulative term of suspension or

revocation is five or more years.

The department may issue a probationary license for the

operation of only a Class C noncommercial motor vehicle.

(b) Petition.--

(1) An applicant for a probationary license must file

a petition with the department by certified mail setting

forth in detail the need for operating a motor vehicle. The

petition shall be on a form prescribed by the department and

shall identify the specific motor vehicles the petitioner

seeks permission to operate. The petition shall include the

operator's name, address and operator number and proof of

financial responsibility. The department may require

additional information as well as verification of the

information contained in the petition. All fines, costs and

restoration fees must be paid at the time of the petition.

(2) Before being eligible to petition for a probationary

license, a person must have served the following terms of

suspension or revocation for offenses enumerated in sections

1532 (relating to revocation or suspension of operating

privilege), 1539 (relating to suspension of operating

privilege on accumulation of points) and 1543 (relating to

driving while operating privilege is suspended or revoked):

(i) A person with one to seven offenses must have

served at least a three-year term of suspension or

revocation.

(ii) A person with 8 to 14 offenses must have served

at least a four-year term of suspension or revocation.

(iii) A person with 15 to 21 offenses must have

served at least a five-year term of suspension or

revocation.

(iv) A person with 22 or more offenses must have

served at least a six-year term of suspension or

revocation.

(3) The applicant must prove to the satisfaction of the

department that the applicant has not driven a motor vehicle

during the minimum period of suspension or revocation.

shall be $35. The fee shall be nonrefundable. The annual fee

for issuance of a probationary license shall be $75, plus the

cost of the photograph required in section 1510(a) (relating

to issuance and content of driver's license), which shall be

in addition to all other licensing fees.

(d) Initial issuance.--

(1) Prior to issuance of a probationary license, the

petitioner must be interviewed at a departmental review

session.

(2) The department may require the petitioner to

satisfactorily complete one or more of the following:

(i) A driver improvement program, the cost of the

program to be borne by the petitioner.

(ii) Any examination as provided for in section

1508 (relating to examination of applicant for driver's

license).

(iii) A special examination that addresses knowledge

of safe driving practices, departmental sanctions and

related safety issues.

(3) The probationary license shall be issued only upon

recommendation of the department.

(4) If the applicant recommended for a probationary

license is not licensed to drive in this or any other state,

the licensee shall not immediately be issued a probationary

license. The applicant shall be permitted to apply for a

Class C learner's permit under the provisions of section

1505(a) (relating to learners' permits). Thirty days after

the issuance of the learner's permit, the applicant shall

be eligible to test for a driver's license under the

provisions of section 1508(a). If the applicant successfully

passes all the required examinations, the department then

may issue a probationary license to the applicant.

(e) Renewal.--The department may require a probationary

license holder to attend a departmental review session and to

satisfactorily complete a driver improvement program or special

examination preceding renewal of the probationary license.

(f) Unauthorized issuance.--The department shall not issue

a probationary license to:

(1) A person who has not fully served a minimum term

of suspension or revocation under the provisions of

subsection (b)(2).

(2) Except as provided in subsection (d)(4), a person

who is not licensed to drive by this or any other state.

(3) A person whose operating privilege is currently

suspended under section 1533 (relating to suspension of

operating privilege for failure to respond to citation) or

6146 (relating to enforcement agreements).

(4) A person who has not satisfactorily completed a

driver improvement course or special examination or who has

not attended a hearing required under section 1538 (relating

to school, examination or hearing on accumulation of points

or excessive speeding).

(5) A person against whom there is an unsatisfied

judgment resulting from the operation of a motor vehicle,

until the judgment has been satisfied under the provisions

of section 1774 (relating to payments sufficient to satisfy

judgments) or an installment agreement has been entered into

to satisfy the judgment as permitted under section 1772(b)

(relating to suspension for nonpayment of judgments) or 1775

(relating to installment payment of judgments) and the

financial responsibility of the person has been established.

(6) (Deleted by amendment).

(7) A person who has previously been issued a

probationary license.

(8) A person who has been convicted of a violation of

section 3802 (relating to driving under influence of alcohol

or controlled substance) or former section 3731, within the

preceding seven years.

(9) A person who has been suspended for refusal to

submit to chemical testing to determine the amount of alcohol

or controlled substance within the preceding seven years.

(10) A person who has been granted Accelerated

Rehabilitative Disposition for the offense of driving under

the influence of alcohol or a controlled substance within

the preceding seven years.

(11) A person who has ever been convicted of a violation

of section 3732 (relating to homicide by vehicle) or 3735

(relating to homicide by vehicle while driving under

influence).

(12) A person convicted of a violation of section

1543(b) within the preceding seven years.

(13) A person who has been convicted of a violation of

section 3742.1 (relating to accidents involving death or

personal injury while not properly licensed) within the

preceding seven years.

(14) A person who has been convicted of a violation of

section 3735.1 (relating to aggravated assault by vehicle

while driving under the influence) within the preceding seven

years.

(g) Offenses or violations committed during a period for

which a probationary license has been issued.--

(1) If a person who has been issued a probationary

license is convicted of any of the offenses enumerated in

section 1535 (relating to schedule of convictions and

points), the probationary license shall be recalled for 30

days for each point accumulated, and the person shall

surrender the probationary license to the department or its

agents designated under the authority of section 1540

(relating to surrender of license).

(2) If a person who has been issued a probationary

license is convicted, adjudicated delinquent or admitted to

any preadjudication program for an offense for which the

penalty is suspension, cancellation, disqualification or

revocation of the operating privilege or if the department

receives a report that the person has refused to submit to

chemical testing as required by section 1547 (relating to

chemical testing to determine amount of alcohol or controlled

substance) or a report that the driver has been granted a

consent decree or Accelerated Rehabilitative Disposition,

the probationary license shall be canceled, and the person

shall surrender the probationary license to the department

or its agents designated under the authority of section 1540.

(h) Restrictions on use of probationary license.--

(1) For the first three years after initial issuance

of a probationary license, the person who has been issued

the probationary license shall operate only the specific

motor vehicles identified in the petition filed with the

department and only between the hours of 6 a.m. and 7 p.m.

or such later hour as may be agreed to by the department.

(2) Any person who violates the conditions of issuance

or restrictions of a probationary license commits a summary

offense and shall, upon conviction, be sentenced to pay a

fine of $500, and the department shall recall the

probationary license for a period of one year.

(i) Term of license.--A probationary license shall be valid

for a period of one year from the date of issuance. If the

driver has complied with the provisions of this section, the

license may be renewed on an annual basis.

(j) Appeal from cancellation, denial or recall of

probationary license.--

(1) A person who is denied a probationary license or

whose probationary license is canceled or recalled may file

with the department a petition for a hearing.

(2) The hearing shall be conducted in accordance with

2 Pa.C.S. (relating to administrative law and procedure).

(3) The department may charge a reasonable fee based

on the cost to the department for the hearing.

(4) The appeal shall not operate as an automatic

supersedeas. If the administrative hearing officer orders a

supersedeas, the petitioner shall earn no credit towards

serving the suspension for which the petitioner was granted

a probationary license.

(5) An appeal from a decision of an administrative

hearing officer may be taken in the manner provided in 42

Pa.C.S. § 763(a) (relating to direct appeals from government

agencies). Such appeals are exempt from the provisions of

section 1550(b) (relating to judicial review) and from the

provisions of 42 Pa.C.S. § 933 (relating to appeals from

government agencies).

(k) Limitation.--A person to whom a probationary license

is issued for six consecutive years shall be eligible to apply

for a regular driver's license at the fee prescribed by section

1951(a) (relating to driver's license and learner's permit)

upon satisfactory completion of the sixth year of the

probationary license.

(Dec. 12, 1994, P.L.1048, No.143, eff. 9 months; Dec. 21, 1998,

P.L.1126, No.151; Oct. 4, 2002, P.L.845, No.123, eff. 60 days;

Dec. 23, 2002, P.L.1982, No.229, eff. 60 days; Sept. 30, 2003,

P.L.120, No.24, eff. Feb. 1, 2004; Nov. 25, 2013, P.L.974,

No.89, eff. Jan. 1, 2015; July 20, 2017, P.L.333, No.30, eff.

15 months)

2017 Amendment. Act 30 amended subsec. (b)(2).

2013 Amendment. Act 89 amended subsec. (c). See the preamble

to Act 89 in the appendix to this title for special provisions

relating to legislative findings and declarations.

2003 Amendment. Act 24 amended subsec. (f)(8).

2002 Amendments. Act 123 amended subsecs. (d), (f)(2) and

(g) and Act 229 added subsec. (f)(13) and (14).

1998 Amendment. Act 151 amended subsecs. (a) and (f)(4) and

deleted subsec. (f)(6), effective in one year as to subsec.

(a), July 1, 1999, as to subsec. (f)(4) and 60 days as to

subsec. (f)(6).

1994 Amendment. Act 143 added section 1554.

Cross References. Section 1554 is referred to in section

1516 of this title.

§ 1555. Delay of suspension, revocation or disqualification.

(a) General rule.--Upon receiving certification that a

person has filed a timely appeal from a criminal conviction

that has caused the department to issue a notice of suspension,

revocation or disqualification, the department may delay

commencement of the suspension, revocation or disqualification

for a period of up to six months. It shall be the responsibility

of the person to obtain from the court in which the appeal was

filed a statement which certifies that the person filed a timely

appeal from the conviction and to forward the certification to

the department, accompanied by a request for the six-month delay

from the department.

(b) Additional delay.--A person may obtain an additional

six-month delay if the person obtains and forwards to the

department an additional certification from the court that the

appeal is still pending before the court.

period of delay shall be measured from the date on which the

court certifies that the appeal is pending before it.

(July 6, 1995, P.L.315, No.48, eff. 60 days)

1995 Amendment. Act 48 added section 1555.

§ 1556. Ignition interlock limited license.

(a) Issuance.--

(1) The department shall issue an ignition interlock

limited license under this section to an individual whose

operating privileges have been suspended or revoked for:

(i) a violation under section 3802 (relating to

driving under influence of alcohol or controlled

substance) or under former section 3731 (relating to

driving under influence of alcohol or controlled

substance) or a violation substantially similar to a

violation under this paragraph in another jurisdiction;

(ii) a refusal to submit to chemical testing under

section 1547 (relating to chemical testing to determine

amount of alcohol or controlled substance).

(2) The department shall issue an ignition interlock

limited license under the provisions of this section only

upon receiving proof that any motor vehicle to be operated

by the individual has been equipped with an approved ignition

interlock system as defined in section 3801 (relating to

definitions) as a condition of issuing an ignition interlock

limited license. Any vehicle to be operated by the

individual, during any period in which the individual holds

a valid ignition interlock limited license, must be equipped

with an ignition interlock system.

(3) An ignition interlock limited license issued under

the provisions of this section permits an individual to

operate motor vehicles equipped with a functioning ignition

interlock system, as defined in section 3801.

(4) Any period in which an individual holds a valid

ignition interlock limited license under this section shall

be counted toward satisfaction of any mandatory period of

ignition interlock use imposed under section 3805 (relating

to ignition interlock) arising from the same incident.

(b) Petition.--

(1) An applicant for an ignition interlock limited

license shall file a petition with the department, by

certified mail, on a form prescribed by the department, and

shall include proof that an approved ignition interlock

system, as defined in section 3801, has been installed in

one or more motor vehicles that the applicant seeks

permission to operate.

(2) The petition shall also include proof of financial

responsibility covering each vehicle the applicant requests

to be permitted to operate. The department shall promulgate

regulations to require additional information as well as

additional evidence to verify the information contained in

the petition.

(3) The applicant shall surrender the applicant's

driver's license in accordance with section 1540 (relating

to surrender of license). If the applicant's driver's license

has been lost or stolen, the applicant shall submit an

application for a replacement license, along with the proper

fee. If the applicant is a nonresident licensed driver, the

applicant shall submit an acknowledgment of suspension in

lieu of a driver's license. If the applicant's license has

expired, the applicant shall submit an application for

renewal, along with the appropriate fee. All fines and costs

must be paid at the time of petition unless the applicant

is currently on a payment plan. Restoration fees required

under section 1960 (relating to reinstatement of operating

privilege or vehicle registration) must be paid at the time

of petition. Restoration fees required under section

1547(b.2) must be paid as follows:

(i) One-half of the amount must be paid at the time

of petition.

(ii) The remaining amount must be paid at the time

of application for an unrestricted driver's license.

(4) Consistent with the provisions of this section, if

the applicant is qualified, the department shall issue an

ignition interlock limited license within 20 days of receipt

of the petition and all other requirements for issuance.

limited license shall be $65. This fee shall be nonrefundable.

(d) Unauthorized issuance.--The department shall prohibit

issuance of an ignition interlock limited license to:

(1) Any individual who is not licensed to drive by the

Commonwealth or any other state.

(2) Any individual who is required by this title to

take an examination and who has failed to take and pass the

examination.

(3) Any individual whose operating privilege has been

recalled or canceled.

(4) Any individual who has an unsatisfied judgment

against the individual as the result of a motor vehicle

operation, until the judgment has been satisfied under the

provisions of section 1774 (relating to payments sufficient

to satisfy judgments) or an installment agreement has been

entered into to satisfy the judgment, as permitted under

section 1772(b) (relating to suspension for nonpayment of

judgments) or 1775 (relating to installment payment of

judgments), and the financial responsibility of the person

has been established.

(5) Any individual applying for an ignition interlock

limited license to operate a commercial motor vehicle.

(6) Any individual if the department is disqualified

from issuing the ignition interlock limited license under

the Commercial Motor Vehicle Safety Act of 1986 (Title XII

of Public Law 99-570, 49 U.S.C. § 31302 et seq.) or the Motor

Carrier Safety Improvement Act of 1999 (Public Law 106-159,

113 Stat. 1748).

(7) Any individual whose operating privilege has been

suspended under section 1532(a.1) (relating to suspension

of operating privilege) for conviction or adjudication of

delinquency based on a violation of section 3732 (relating

to homicide by vehicle) or 3735 (relating to homicide by

vehicle while driving under influence).

(e) Adjudication eligibility.--An individual whose operating

privilege has been suspended or revoked for a conviction of an

offense under section 3802 or under former section 3731 or an

offense substantially similar to an offense under section 3802

or former section 3731 in another jurisdiction shall be eligible

to apply for and, if otherwise qualified, be issued an ignition

interlock limited license upon receipt of notice of the

suspension or revocation.

(f) Suspension eligibility.--The following shall apply:

(1) An individual whose license has been suspended under

section 1547(b) shall be eligible to apply for and, if

otherwise qualified, be issued an ignition interlock limited

license under this section if the individual:

(i) has served six months of the suspension imposed

under section 1547(b)(1)(i); or

(ii) has served nine months of the suspension

imposed under section 1547(b)(1)(ii).

(2) An individual whose license has been suspended under

section 3804(e) (relating to penalties) shall be eligible

to apply for and, if otherwise qualified, be issued an

ignition interlock limited license under this section if the

individual:

(i) has not had a prior offense, as defined under

section 3806 (relating to prior offenses). The individual

shall be immediately eligible for a suspension imposed

under section 3804(e)(2)(i);

(ii) has served six months of the suspension imposed

under section 3804(e)(2)(i); or

(iii) has served nine months of the suspension

imposed under section 3804(e)(2)(ii).

(3) An individual whose license has been suspended under

section 3807(d) (relating to Accelerated Rehabilitative

Disposition) shall be eligible, but not required, to apply

for and, if otherwise qualified, be issued an ignition

interlock limited license under this section for the duration

of the suspension.

(g) Duration.--An individual may hold a valid ignition

interlock limited license under this section for the duration

of the mandatory period of ignition interlock usage imposed

under section 3805 arising from the same incident.

(h) Required proof.--The department shall issue an ignition

interlock limited license under the provisions of this section

only upon receiving proof that any motor vehicle to be operated

by the individual has been equipped with an approved ignition

interlock system as defined in section 3801 as a condition of

issuing an ignition interlock limited license. Any vehicle to

be operated by the individual, during any period in which the

individual holds a valid ignition interlock limited license,

must be equipped with an ignition interlock system.

(i) Offenses reported during a period for which an ignition

interlock limited license has been issued.--If the department

receives a report of an offense for which the penalty is a

cancellation, disqualification, recall, suspension or revocation

of operating privileges or a report under section 3815(c)(4)

(relating to mandatory sentencing) for any individual who has

been issued an ignition interlock limited license, the

department, at its sole discretion, shall either:

(1) extend the term of the ignition interlock limited

license for up to the original term for which the driver's

license was suspended or revoked; or

(2) recall the ignition interlock limited license, and

the individual shall surrender the limited license to the

department or its agents designated under the authority of

section 1540.

(j) Restrictions.--

(1) Pursuant to subsection (a)(2), an individual who

has been issued an ignition interlock limited license shall

operate only motor vehicles equipped with a functioning

ignition interlock system, as defined in section 3801.

(2) The operating privileges of an individual who has

been issued an ignition interlock limited license remain

under suspension or revocation, except when operating a motor

vehicle in accordance with the conditions of issuance and

restrictions of the ignition interlock limited license.

(k) Employment exemption.--If a person with an ignition

interlock limited license is required in the course and scope

of employment to drive, operate or be in actual physical control

of the movement of a motor vehicle owned by the person's

employer, the following apply:

(1) except as set forth in paragraph (2), the person

may drive, operate or be in actual physical control of the

movement of that motor vehicle in the course and scope of

employment without installation of an ignition interlock

system if:

(i) the employer has been notified that the employee

is restricted; and

(ii) the employee has proof of the notification in

the employee's possession while driving, operating or

being in actual physical control of the movement of the

employer's motor vehicle. Proof of the notification may

be established only by the notarized signature of the

employer acknowledging notification on a form which shall

be provided by the department for this purpose and shall

include a contact telephone number of the employer.

(2) Paragraph (1) does not apply in any of the following

circumstances:

(i) To the extent that an employer-owned motor

vehicle is made available to the employee for personal

use.

(ii) If the employer-owned motor vehicle is owned

by an entity which is wholly or partially owned or

controlled by the person subject to this section.

(iii) If the employer-owned motor vehicle is a

school bus, a school vehicle or a vehicle designed to

transport more than 15 passengers, including the driver.

(l) Appeal from denial or recall of ignition interlock

limited license.--

(1) Any individual who is denied an ignition interlock

limited license or whose ignition interlock limited license

is extended or recalled under subsection (i) may file with

the department a petition for a hearing. The hearing shall

be conducted in accordance with 2 Pa.C.S. (relating to

administrative law and procedure).

(2) The department may charge a reasonable fee based

on the cost to the department for conducting the hearing.

(3) The appeal shall not operate as an automatic

supersedeas. If an administrative hearing officer orders a

supersedeas in any appeal, the individual shall earn no

credit toward serving the suspension for which the individual

was granted an ignition interlock limited license.

(4) An appeal from a decision of an administrative

hearing officer may be taken in the manner provided in 42

Pa.C.S. § 763(a) (relating to direct appeals from government

agencies).

(5) Appeals under this subsection are exempt from the

provisions of section 1550(b) (relating to judicial review)

and from the provisions of 42 Pa.C.S. § 933 (relating to

appeals from government agencies).

(May 25, 2016, P.L.236, No.33, eff. 15 months; July 20, 2017,

P.L.333, No.30)

2017 Amendment. Act 30 amended subsecs. (b)(3) and (f),

effective immediately as to subsec. (b)(3) and 15 months as to

subsec. (f).

2016 Amendment. Act 33 added section 1556.

Cross References. Section 1556 is referred to in sections

1547, 3805, 3806, 3808 of this title.

SUBCHAPTER C

VIOLATIONS

Sec.

1571. Violations concerning licenses.

1572. Cancellation of driver's license.

1573. Displaying a foreign license during suspension or

revocation.

1574. Permitting unauthorized person to drive.

1575. Permitting violation of title.

1576. Local authorities liable for negligence of their

employees (Repealed).

§ 1571. Violations concerning licenses.

(a) Offenses defined.--It is unlawful for any person:

(1) To exhibit or cause or permit to be exhibited or

have in possession any recalled, canceled, suspended, revoked

or disqualified driver's license.

(2) To lend a driver's license to any other person or

permit the use thereof by another.

(3) To exhibit or represent as one's own any driver's

license not issued to the person.

(4) To fail or refuse to surrender to the department

upon lawful demand a recalled, canceled, suspended, revoked,

disqualified, fictitious or fraudulently altered driver's

license.

(5) To exhibit or cause or permit to be exhibited or

have in possession a fictitious or fraudulently altered

driver's license.

(a.1) Employees and agents.--It is unlawful for any

department employee or any agent of the department to issue a

fictitious or fraudulently altered driver's license when the

employee or agent has knowledge that the application for the

driver's license or the driver's license contains fictitious

or fraudulent information.

(b) Penalty.--

(1) Any person violating the provisions of subsection

(a)(1) through (4) commits a summary offense and shall, upon

conviction, be sentenced to pay a fine of $100.

(2) Any person violating the provisions of subsection

(a)(5) commits a misdemeanor of the first degree and shall

be sentenced as provided in 18 Pa.C.S. §§ 1101(4) (relating

to fines) and 1104(1) (relating to sentence of imprisonment

for misdemeanors).

(3) Any person violating the provisions of subsection

(a.1) commits a felony of the third degree and shall be

sentenced as provided in 18 Pa.C.S. §§ 1101(3) (relating to

fines) and 1103(3) (relating to sentence of imprisonment for

felony). Each fictitious or fraudulently altered driver's

license issued by a department employee or an agent of the

department shall constitute a separate offense.

(May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; Oct. 2, 2002,

P.L.801, No.114, eff. 60 days)

Cross References. Section 1571 is referred to in section

1535 of this title.

§ 1572. Cancellation of driver's license.

(a) General rule.--

(1) The department may cancel any driver's license upon

determining that one of the following applies:

(i) The licensee was not entitled to the issuance.

(ii) The person failed to give the required or

correct information on an application or certification

or committed fraud in making the application or in

obtaining the license.

(iii) The license has been materially altered.

(iv) The fee has not been paid.

(v) The licensee voluntarily surrenders his driving

privilege.

(2) Upon the cancellation, the licensee shall

immediately surrender the canceled license to the department.

(b) Other states.--The department shall cancel a driver's

license issued to an individual who has applied for a

Pennsylvania driver's license after the commission of an offense

in another state which later resulted in suspension, revocation

or disqualification in the other state if the offense would

have resulted in the suspension, revocation or disqualification

under this title or where the offense was substantially similar

to offenses which in this State would have caused a suspension,

revocation or disqualification.

(July 10, 1990, P.L.356, No.83, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. imd.; Jan. 27, 2012, P.L.1, No.1, eff.

imd.)

2012 Amendment. Act 1 amended subsec. (a)(1)(ii).

1998 Amendment. Act 151 amended subsec. (b).

Cross References. Section 1572 is referred to in sections

1550, 1611 of this title.

§ 1573. Displaying a foreign license during suspension or

revocation.

(a) Offense defined.--It is unlawful for any resident or

nonresident whose operating privilege to drive a motor vehicle

in this Commonwealth has been recalled, canceled, suspended,

revoked or disqualified as provided in this title to display a

license or permit issued by any other jurisdiction or otherwise

during the suspension or after the recall, cancellation,

revocation or disqualification until the individual's operating

privilege has been restored by the department.

(b) Display of regular license.--

(1) A resident of this Commonwealth who holds a

commercial driver's license issued by this Commonwealth under

Chapter 16 (relating to commercial drivers) shall be

permitted to display a regular driver's license issued by

the department in the event that the resident's commercial

driver's license is disqualified.

(2) A nonresident who holds a commercial driver's

license issued by a state other than this Commonwealth shall

be permitted to display a regular driver's license issued

by that person's state of residence in the event that the

nonresident's commercial driver's license is disqualified.

(3) A nonresident who holds a nonresident commercial

driver's license issued by this Commonwealth under Chapter

16 shall be permitted to display a regular driver's license

issued by the nonresident's country in the event that the

person's nonresident commercial driver's license is

disqualified.

section commits a summary offense and shall, upon conviction,

be sentenced to pay a fine of $200. This penalty shall be in

addition to any other penalties imposed under this title.

(May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990)

§ 1574. Permitting unauthorized person to drive.

(a) General rule.--No person shall authorize or permit a

motor vehicle owned by him or under his control to be driven

upon any highway by any person who is not authorized under this

chapter or who is not licensed for the type or class of vehicle

to be driven.

(b) Penalty.--Any person violating the provisions of

subsection (a) is guilty of a summary offense and shall be

jointly and severally liable with the driver for any damages

caused by the negligence of such driver in operating the

vehicle.

§ 1575. Permitting violation of title.

(a) General rule.--No person shall authorize or knowingly

permit a motor vehicle owned by him or under his control to be

driven in violation of any of the provisions of this title.

(b) Penalty.--Any person violating the provisions of

subsection (a) is guilty of a summary offense and is subject

to the same fine as the driver of the vehicle. If the driver

is convicted under section 3735 (relating to homicide by vehicle

while driving under influence) or 3802 (relating to driving

under influence of alcohol or controlled substance), the person

violating subsection (a) shall also be subject to suspension

or revocation, as applicable, under sections 1532 (relating to

revocation or suspension of operating privilege), 1542 (relating

to revocation of habitual offender's license) and 3804(e)

(relating to penalties).

vehicle is required to conduct a pretrip safety inspection

pursuant to department regulations and is subsequently convicted

of one or more equipment violations under this title, the owner

of the vehicle shall indemnify the driver for any fines and

costs paid if the specific equipment violation was listed on

the driver's pretrip inspection report and acknowledged in

writing by the owner.

(May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; Sept. 30,

2003, P.L.120, No.24, eff. Feb. 1, 2004)

2003 Amendment. Act 24 amended subsec. (b).

§ 1576. Local authorities liable for negligence of their

employees (Repealed).

1978 Repeal. Section 1576 was repealed November 26, 1978,

P.L.1399, No.330, effective in 60 days.

SUBCHAPTER D

DRIVER'S LICENSE COMPACT

Sec.

1581. Driver's License Compact.

1582. Definitions.

1583. Compensation of compact administrator.

1584. Furnishing of information to other states.

1585. Actions of courts and other agencies.

1586. Duties of department.

Enactment. Subchapter D was added December 10, 1996,

P.L.925, No.149, effective immediately unless otherwise noted.

Cross References. Subchapter D is referred to in section

3804 of this title.

§ 1581. Driver's License Compact.

The Driver's License Compact is hereby enacted into law and

entered into with all other jurisdictions legally joining

therein in the form substantially as follows:

Article I

Findings and Declaration of Policy

(a) The party states find that:

(1) The safety of their streets and highways is

materially affected by the degree of compliance with State

and local ordinances relating to the operation of motor

vehicles.

(2) Violation of such a law or ordinance is evidence

that the violator engages in conduct which is likely to

endanger the safety of persons and property.

(3) The continuance in force of a license to drive is

predicated upon compliance with laws and ordinances relating

to the operation of motor vehicles, in whichever jurisdiction

the vehicle is operated.

(b) It is the policy of each of the party states to:

(1) Promote compliance with the laws, ordinances and

administrative rules and regulations relating to the

operation of motor vehicles by their operators in each of

the jurisdictions where such operators drive motor vehicles.

(2) Make the reciprocal recognition of licenses to drive

and eligibility therefor more just and equitable by

considering the overall compliance with motor vehicle laws,

ordinances and administrative rules and regulations as a

condition precedent to the continuance or issuance of any

license by reason of which the licensee is authorized or

permitted to operate a motor vehicle in any of the party

states.

Article II

Definitions

As used in this compact:

(a) "State" means a state, territory or possession of the

United States, the District of Columbia or the Commonwealth of

Puerto Rico.

(b) "Home state" means the state which has issued and has

the power to suspend or revoke the use of the license or permit

to operate a motor vehicle.

to the use or operation of a motor vehicle which is prohibited

by state law, municipal ordinance or administrative rule or

regulation or a forfeiture of bail, bond or other security

deposited to secure appearance by a person charged with having

committed any such offense and which conviction or forfeiture

is required to be reported to the licensing authority.

Article III

Reports of Conviction

The licensing authority of a party state shall report each

conviction of a person from another party state occurring within

its jurisdiction to the licensing authority of the home state

of the licensee. Such report shall clearly identify the person

convicted, describe the violation specifying the section of the

statute, code or ordinance violated, identify the court in which

action was taken, indicate whether a plea of guilty or not

guilty was entered or the conviction was a result of the

forfeiture of bail, bond or other security and shall include

any special findings made in connection therewith.

Article IV

Effect of Conviction

(a) The licensing authority in the home state, for the

purposes of suspension, revocation or limitation of the license

to operate a motor vehicle, shall give the same effect to the

conduct reported, pursuant to Article III of this compact, as

it would if such conduct had occurred in the home state in the

case of convictions for:

(1) manslaughter or negligent homicide resulting from

the operation of a motor vehicle;

(2) driving a motor vehicle while under the influence

of intoxicating liquor or a narcotic drug or under the

influence of any other drug to a degree which renders the

driver incapable of safely driving a motor vehicle;

(3) any felony in the commission of which a motor

vehicle is used; or

(4) failure to stop and render aid in the event of a

motor vehicle accident resulting in the death or personal

injury of another.

(b) As to other convictions, reported pursuant to Article

III, the licensing authority in the home state shall give such

effect to the conduct as is provided by the laws of the home

state.

or violations denominated or described in precisely the words

employed in subdivision (a) of this article, such party state

shall construe the denominations and descriptions appearing in

subdivision (a) of this article as being applicable to and

identifying those offenses or violations of a substantially

similar nature and the laws of such party state shall contain

such provisions as may be necessary to ensure that full force

and effect is given to this article.

Article V

Applications for New Licenses

Upon application for a license to drive, the licensing

authority in a party state shall ascertain whether the applicant

has ever held or is the holder of a license to drive issued by

any other party state. The licensing authority in the state

where application is made shall not issue a license to drive

to the applicant if:

(1) The applicant has held such a license, but the same

has been suspended by reason, in whole or in part, of a

violation and if such suspension period has not terminated.

(2) The applicant has held such a license, but the same

has been revoked by reason, in whole or in part, of a

violation and if such revocation has not terminated, except

that after the expiration of one year from the date the

license was revoked such person may make application for a

new license if permitted by law. The licensing authority may

refuse to issue a license to any such applicant if, after

investigation, the licensing authority determines that it

will not be safe to grant to such person the privilege of

driving a motor vehicle on the public highways.

(3) The applicant is the holder of a license to drive

issued by another party state and currently in force unless

the applicant surrenders such license.

Article VI

Applicability of Other Laws

Except as expressly required by provisions of this compact,

nothing contained herein shall be construed to affect the right

of any party state to apply any of its other laws relating to

licenses to drive to any person or circumstance, nor to

invalidate or prevent any driver license agreement or other

cooperative arrangement between a party state and a nonparty

state.

Article VII

Compact Administrator and Interchange of Information

(a) The head of the licensing authority of each party state

shall be the administrator of this compact for his state. The

administrators, acting jointly, shall have the power to

formulate all necessary and proper procedures for the exchange

of information under this compact.

(b) The administrator of each party state shall furnish to

the administrator of each other party state any information or

documents reasonably necessary to facilitate the administration

of this compact.

Article VIII

Entry into Force and Withdrawal

(a) This compact shall enter into force and become effective

as to any state when it has enacted the same into law.

(b) Any party state may withdraw from this compact by

enacting a statute repealing the same, but no such withdrawal

shall take effect until six months after the executive head of

the withdrawing state has given notice of the withdrawal to the

executive heads of all other party states. No withdrawal shall

affect the validity or applicability by the licensing

authorities of states remaining party to the compact of any

report of conviction occurring prior to the withdrawal.

Article IX

Construction and Severability

This compact shall be liberally construed so as to effectuate

the purposes thereof. The provisions of this compact shall be

severable, and if any phrase, clause, sentence or provision of

this compact is declared to be contrary to the constitution of

any party state or of the United States or the applicability

thereof to any government, agency, person or circumstance is

held invalid, the validity of the remainder of this compact and

the applicability thereof to any government, agency, person or

circumstance shall not be affected thereby. If this compact

shall be held contrary to the constitution of any state party

thereto, the compact shall remain in full force and effect as

to the remaining states and in full force and effect as to the

state affected as to all severable matters.

Effective Date. Section 10 of Act 149 of 1996 provided that,

in recognition of the technical and administrative limitations

under which the Department of Transportation is currently

operating, the effective date of section 1581 Art. IV(b) shall

be suspended until the repeal of section 10. Section 11(2) of

Act 149 provided that the addition of section 1581 Art. IV(b)

shall take effect on the date of the repeal of section 10 of

Act 149.

Cross References. Section 1581 is referred to in sections

1532, 1543, 3804 of this title.

§ 1582. Definitions.

As used in this subchapter and in the compact with reference

to this Commonwealth:

(1) "Licensing authority" means the Department of

Transportation of the Commonwealth.

(2) "Executive head" means the Governor.

(3) "Compact administrator" means the Secretary of

Transportation of the Commonwealth.

§ 1583. Compensation of compact administrator.

The compact administrator provided for in Article VII of the

compact shall not be entitled to any additional compensation

on account of his service as such administrator but shall be

entitled to expenses incurred in connection with his duties and

responsibilities as such administrator, in the same manner as

for expenses incurred in connection with any other duties or

responsibilities of his office or employment.

§ 1584. Furnishing of information to other states.

The Department of Transportation of the Commonwealth shall

furnish to the appropriate authorities of any other party state

any information or documents reasonably necessary to facilitate

the administration of Articles III, IV and V of the compact.

The omission from any report received by the department from a

party state of any information required by Article III of the

compact shall not excuse or prevent the department from

complying with its duties under Articles IV and V of the

compact.

(Dec. 21, 1998, P.L.1126, No.151, eff. imd.)

§ 1585. Actions of courts and other agencies.

Any court or other agency of this Commonwealth, or a

subdivision thereof, which has jurisdiction to take any action

suspending, revoking or otherwise limiting a license to drive,

shall report any such action and the adjudication upon which

it is based to the Department of Transportation within the

period specified in sections 6322 (relating to reports by

issuing authorities) and 6323 (relating to reports by courts).

§ 1586. Duties of department.

The department shall, for purposes of imposing a suspension

or revocation under Article IV of the compact, treat reports

of convictions received from party states that relate to

driving, operating or being in actual physical control of a

vehicle while impaired by or under the influence of alcohol,

intoxicating liquor, drugs, narcotics, controlled substances

or other impairing or intoxicating substance as being

substantially similar to section 3802 (relating to driving under

influence of alcohol or controlled substance). The fact that

the offense reported to the department by a party state may

require a different degree of impairment of a person's ability

to operate, drive or control a vehicle than that required to

support a conviction for a violation of section 3802 shall not

be a basis for determining that the party state's offense is

not substantially similar to section 3802 for purposes of

Article IV of the compact.

(Dec. 21, 1998, P.L.1126, No.151, eff. imd.; Sept. 30, 2003,

P.L.120, No.24, eff. Feb. 1, 2004)

CHAPTER 16

COMMERCIAL DRIVERS

Sec.

1601. Short title of chapter.

1602. Purpose and construction of chapter.

1603. Definitions.

1604. Notification requirements for drivers.

1605. Employer responsibilities.

1606. Requirement for commercial driver's license.

1607. Commercial driver's license qualification standards.

1608. Nonresident CDL.

1609. Application for commercial driver's license.

1609.1. Type of driving certification requirements.

1609.2. Medical certification.

1609.3. Noncompliance with certification requirements.

1610. Commercial driver's license.

1611. Disqualification.

1612. Commercial and school vehicle drivers prohibited from

operating with any alcohol in system.

1613. Implied consent requirements for commercial motor vehicle

drivers.

1614. Notification of traffic convictions.

1615. Authority to enter agreements.

1616. Reciprocity.

1617. Fees.

1618. Fines exempt from Judicial Computer Account.

1619. Prohibition against discharging, disciplining or

discriminating against employees.

1620. Commercial driver records.

1621. Texting while driving.

1622. Handheld mobile telephone.

Enactment. Chapter 16 was added May 30, 1990, P.L.173,

No.42, effective November 1, 1990, unless otherwise noted.

Special Provisions in Appendix. See section 20 of Act 42

of 1990 in the appendix to this title for special provisions

relating to transition to commercial drivers' licenses.

Cross References. Chapter 16 is referred to in sections

1501, 1502, 1516, 1573 of this title; section 7416 of Title 35

(Health and Safety).

§ 1601. Short title of chapter.

This chapter shall be known and may be cited as the Uniform

Commercial Driver's License Act.

§ 1602. Purpose and construction of chapter.

(a) Purpose.--The purpose of this chapter is to implement

the Commercial Motor Vehicle Safety Act of 1986 (Public Law

99-570, 49 U.S.C. app. § 2701 et seq.) and reduce or prevent

commercial motor vehicle accidents, fatalities and injuries by:

(1) Permitting commercial drivers to hold only one

driver's license.

(2) Disqualifying commercial drivers who have committed

certain serious traffic violations or other specified

offenses.

(3) Strengthening licensing and testing standards.

(b) Construction.--This chapter is a remedial law and shall

be liberally construed to promote the public health, safety and

welfare. To the extent that this chapter conflicts with other

driver licensing provisions, this chapter prevails. Where this

chapter is silent, the general driver licensing provisions

apply.

§ 1603. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

"Commercial driver learner's permit." A permit issued

pursuant to section 1607(d) (relating to commercial driver's

license qualification standards).

"Commercial driver's license" or "CDL." A driver's license

issued in accordance with the requirements of this chapter

authorizing a person 18 years of age or older to drive a class

of commercial motor vehicle.

"Commercial driver's license holder" or "CDL holder." A

person who has been issued a commercial driver's license or a

commercial driver learner's permit.

"Commercial Driver's License Information System" or "CDLIS."

The information system established pursuant to the Commercial

Motor Vehicle Safety Act of 1986 (Public Law 99-570, 49 U.S.C.

app. § 2701 et seq.) to serve as a clearinghouse for locating

information related to the licensing and identification of

commercial motor vehicle drivers.

"Commercial motor vehicle." A motor vehicle or combination

designed or used to transport passengers or property:

(1) if the vehicle has a gross vehicle weight rating

or gross vehicle weight of 26,001 or more pounds or such

lesser rating as the department shall adopt under the

provisions of section 6103(c) (relating to promulgation of

rules and regulations by department), as determined by

Federal regulation and published by the department as a

notice in the Pennsylvania Bulletin;

(1.1) if the vehicle has a gross combination weight

rating or gross combination weight of 26,001 pounds or more,

whichever is greater, inclusive of a towed unit with a gross

vehicle weight rating or gross vehicle weight of more than

10,000 pounds, whichever is greater;

(2) if the vehicle is designed to transport 16 or more

passengers, including the driver;

(3) if the vehicle is a school bus; or

(4) if the vehicle is transporting hazardous materials

and is required to be placarded in accordance with department

regulations.

The term does not include an antique or classic motor vehicle,

or an implement of husbandry, or any motor home or recreational

trailer operated solely for personal use, or motorized

construction equipment, including, but not limited to,

motorscrapers, backhoes, motorgraders, compactors, excavators,

tractors, trenchers and bulldozers.

"Controlled substance." Any substance so defined or

classified under:

(1) The act of April 14, 1972 (P.L.233, No.64), known

as The Controlled Substance, Drug, Device and Cosmetic Act.

(2) Section 102(6) of the Controlled Substance Act

(Public Law 91-513, 21 U.S.C. § 802(6)).

(3) Schedules I through V of 21 CFR Part 1308.

(4) Any revisions to paragraphs (2) or (3) which are

published by the Department of Transportation as notices in

the Pennsylvania Bulletin.

"Conviction." For the purposes of this chapter, a conviction

includes a finding of guilty or the entering of a plea of

guilty, nolo contendere or the unvacated forfeiture of bail or

collateral deposited to secure a person's appearance in court

as determined by the law of the jurisdiction in which the

prosecution was held. A payment of the fine or court cost or

entering into an installment agreement to pay the fine or court

cost for the violation by any person charged with a violation

of this title is a plea of guilty. The term shall include the

acceptance of Accelerated Rehabilitative Disposition or other

preadjudication disposition for an offense or an unvacated

finding of guilt or determination of violation of the law or

failure to comply with the law by an authorized administrative

tribunal. The term also includes a violation of a condition of

release without bail, including the failure to pay a fine or

appear in court to contest a citation. The term does not include

a conviction which has been overturned or for which an

individual has been pardoned.

"Disqualification." A prohibition against driving a

commercial motor vehicle or a school vehicle.

"Employer." Any person, including the United States, a state

or a political subdivision of a state, who owns or leases a

commercial motor vehicle or assigns a person to drive a

commercial motor vehicle.

"Felony." An offense under state or Federal law which is

punishable by death or imprisonment exceeding one year.

"Foreign jurisdiction." Any jurisdiction other than a state

of the United States.

"Medical examiner." An individual who is licensed, certified

or registered, in accordance with applicable statutes and

regulations, to perform physical examinations. The term includes

a doctor of medicine, an osteopath, a physician assistant, an

advanced practice nurse and a doctor of chiropractic.

"Noncommercial motor vehicle." A motor vehicle or

combination of motor vehicles not defined by the term

"commercial motor vehicle" in this section.

"Nonresident CDL." A commercial driver's license issued by

a state to an individual who resides in a foreign jurisdiction.

"Out-of-service order." A temporary prohibition against

driving a commercial motor vehicle as provided by departmental

regulation.

"Serious traffic violation."

(1) Excessive speeding as defined by the United States

Secretary of Transportation by regulation and published by

the department as a notice in the Pennsylvania Bulletin.

(2) Reckless driving.

(3) Any offense under this title relating to motor

vehicle traffic control arising in connection with an

accident resulting in death to any person.

(4) Any violation of section 1606(a) (relating to

requirement for commercial driver's license), 1621(a)

(relating to texting while driving), 1622(a) (relating to

handheld mobile telephone), 3305 (relating to limitations

on overtaking on left), 3306 (relating to limitations on

driving on left side of roadway), 3307 (relating to

no-passing zones), 3309(1), (2) or (4) (relating to driving

on roadways laned for traffic), 3310 (relating to following

too closely), 3326 (relating to duty of driver in

construction and maintenance areas or on highway safety

corridors) or 3365(c) (relating to special speed

limitations).

(5) Any other offenses defined by the United States

Secretary of Transportation as serious traffic violations

and published by the department as a notice in the

Pennsylvania Bulletin.

"State." A state of the United States or the District of

Columbia.

"Tank vehicle." A commercial motor vehicle that is designed

to transport liquid or gaseous materials within a tank or tanks

having an individual rated capacity of more than 119 gallons

and an aggregate rated capacity of 1,000 gallons or more that

is either permanently or temporarily attached to the vehicle

or the chassis. A commercial motor vehicle transporting an empty

storage container tank not designed for transportation with a

rated capacity of 1,000 gallons or more that is temporarily

attached to a flatbed trailer is not considered a tank vehicle.

"United States." The 50 states and the District of Columbia.

(Dec. 20, 1995, P.L.669, No.75, eff. 120 days; Dec. 23, 2002,

P.L.1982, No.229, eff. 6 months; July 5, 2005, P.L.100, No.37;

Dec. 18, 2007, P.L.436, No.67, eff. 60 days; Nov. 26, 2008,

P.L.1658, No.133, eff. 60 days; Jan. 27, 2012, P.L.1, No.1,

eff. imd.; June 30, 2014, P.L.814, No.85, eff. 60 days; Oct.

22, 2015, P.L.199, No.49, eff. 60 days)

2015 Amendment . Act 49 amended the defs. of "commercial

motor vehicle" and "tank vehicle."

2014 Amendment. Act 85 amended par. (4) of the def. of

"serious traffic violation."

2012 Amendment . Act 1 added the def. of "medical

examiner."

2008 Amendment. Act 133 amended the def. of "conviction."

2007 Amendment. Act 67 amended the def. of "serious traffic

violation."

2005 Amendment. Act 37 amended the defs. of

"disqualification" and "serious traffic violation" and added

the defs. of "commercial driver's license holder" or "CDL

holder," "conviction," "noncommercial motor vehicle" and "tank

vehicle." Section 10(2) of Act 37 provided that Act 37 shall

take effect 90 days after publication of a notice in the

Pennsylvania Bulletin. The notice was published July 16, 2005,

at 35 Pa.B. 4029.

Cross References. Section 1603 is referred to in sections

102, 3342, 3716, 3802, 4905, 7803 of this title.

§ 1604. Notification requirements for drivers.

(a) Notification of convictions.--A driver of a commercial

motor vehicle holding a driver's license issued by this

Commonwealth who is convicted of violating a Federal or state

law or local ordinance relating to motor vehicle traffic control

in this or any other state or any Federal, provincial,

territorial or municipal law relating to motor vehicle traffic

control in Canada, other than parking violations, shall notify

his employer in writing of the conviction within 15 days of the

date of conviction.

(a.1) Notification of charges.--

(1) A driver of a commercial motor vehicle holding a

driver's license issued by this Commonwealth who is cited,

arrested or charged with violating a Federal or State law

or local ordinance relating to motor vehicle traffic control

in this or any other state or any Federal, provincial,

territorial or municipal law relating to motor vehicle

traffic control in Canada, other than parking violations,

shall notify his employer in writing within 30 days of the

date of receiving the citation or being arrested or

officially charged.

(2) An employer that receives timely notice from an

employee under paragraph (1) may not terminate the employee

solely for providing the notice unless the employee is

convicted of the violation.

(b) Notification of suspensions, revocations, cancellations

and disqualifications.--Each driver of a commercial motor

vehicle whose operating privilege is suspended, revoked or

canceled by any state, who loses the privilege to drive a

commercial motor vehicle in any state for any period or who is

disqualified from driving a commercial motor vehicle for any

period, shall notify his employer of that fact before the end

of the business day following the day the driver received notice

of the suspension, revocation, cancellation, loss or

disqualification.

(1) Each person who applies for employment as a

commercial motor vehicle driver shall provide the employer,

at the time of the application for employment, with the

following information for the ten years preceding the date

of application:

(i) A list of the names and addresses of the

applicant's previous employers for which the applicant

was a driver of a commercial motor vehicle.

(ii) The dates between which the applicant drove

for each employer.

(iii) The reason for leaving that employer.

(2) The applicant shall certify that all information

furnished is true and complete.

(3) An employer may require an applicant to provide

additional and legally permitted information.

(d) Penalties.--

(1) Any person who violates subsection (a), (a.1) or

be sentenced to pay a fine of $100.

(2) Any person who violates subsection (b) commits a

summary offense and shall, upon conviction, be sentenced to

pay a fine of $200.

(3) In addition to the fine contained in paragraph (1),

any person who violates subsection (a) or (a.1) shall, upon

conviction, pay an additional fine of $300 if the unreported

conviction or citation, arrest or charge was related to any

of the following violations:

(i) Violations under Subchapter B of Chapter 37

(relating to serious traffic offenses).

(ii) Section 3802 (relating to driving under

influence of alcohol or controlled substance).

(iii) A Federal or State law or local ordinance in

any other state or any Federal, provincial, territorial

or municipal law in Canada that is classified as a felony

or is punishable by imprisonment for more than five

years.

(iv) A Federal or State law or local ordinance in

any other state or any Federal, provincial, territorial

or municipal law in Canada that is related to driving

under the influence of drugs or alcohol.

(Nov. 25, 2020, P.L.1246, No.131)

2020 Amendment. Act 131 amended subsecs. (a) and (d) and

added subsec. (a.1), effective in 60 days as to the amendment

of subsecs. (a) and (d) and immediately as to the addition of

subsec. (a.1).

Cross References. Section 1604 is referred to in section

1605 of this title.

§ 1605. Employer responsibilities.

(a) Requirements.--Each employer shall require the applicant

to provide the information specified in section 1604(c)

(relating to notification requirements for drivers). Each

employer shall inform the applicant that the information he

provides in accordance with section 1604(c) may be used and the

applicant's previous employers may be contacted for the purpose

of investigating the applicant's work history.

(b) Prohibitions.--No employer shall knowingly allow,

require, permit or authorize a driver to drive a commercial

motor vehicle:

(1) during any period in which:

(i) the driver's license was suspended, revoked or

canceled by a state;

(ii) the driver has lost the privilege to drive a

commercial motor vehicle in a state;

(iii) the driver has been disqualified from driving

a commercial motor vehicle;

(iv) the driver is not licensed to drive a

commercial vehicle;

(v) the driver is not qualified by a license

restriction or required class or endorsement to operate

the commercial vehicle being driven; or

(vi) the driver, or the commercial motor vehicle

the driver is driving, or the motor carrier operation

is subject to an out-of-service order;

(2) during any period in which the driver has more than

one driver's license; or

(3) in violation of a Federal, State or local law or

regulation pertaining to railroad-highway grade crossing.

representative vehicle to any employee who as a result of the

Commercial Motor Vehicle Safety Act of 1986 (Public Law 99-570,

49 U.S.C. app. § 2701 et seq.) must obtain a commercial driver's

license to continue his present occupation. This section

includes, but is not limited to, current commercial motor

vehicle drivers, construction equipment operators, utility truck

operators, mechanics and vehicle inspectors employed prior to

March 31, 1992. It is the employer's discretion to provide a

representative vehicle to any employee who wishes to obtain a

commercial driver's license if the Commercial Motor Vehicle

Safety Act of 1986 does not require the employee to obtain a

commercial driver's license for his current position.

(d) Test dates.--An employer shall provide a commercial

driver the necessary time off for a driver to take the required

knowledge exam and skills test when the tests have been

scheduled.

(e) Penalties.--Any person who violates any provision of

this section commits a summary offense and shall, upon

conviction, be sentenced to pay a fine of $1,000, except that

if the violation relates to an out-of-service order, then the

person shall, upon conviction, be sentenced to pay a fine of

$2,750.

(Dec. 18, 2007, P.L.436, No.67, eff. 60 days; Oct. 24, 2012,

P.L.1473, No.187, eff. 60 days; Oct. 22, 2015, P.L.199, No.49,

eff. 60 days)

2015 Amendment. Act 49 amended subsec. (b)(1)(v).

2012 Amendment. Act 187 amended subsec. (b).

§ 1606. Requirement for commercial driver's license.

(a) When required.--No person, except those specifically

exempted in subsection (b), shall drive a commercial motor

vehicle unless:

(1) the person has been issued a commercial driver's

license;

(2) the person's commercial driver's license is in his

immediate possession; and

(3) the person's commercial driver's license was issued

for the class of commercial motor vehicle operated and

contains all applicable license endorsements.

(b) Exemptions.--The following persons are not required to

obtain a commercial driver's license in order to drive the

commercial motor vehicle specified:

(1) A person with a commercial driver learner's permit

who is accompanied by the holder of a commercial driver's

license valid for the vehicle being driven.

(2) A person in the service of the Armed Forces of the

United States, including members of the Reserves and National

Guard on active duty; personnel on full-time National Guard

duty; and personnel on inactive National Guard duty training

or part-time National Guard training and National Guard

military technicians who are required to wear military

uniforms; and active duty United States Coast Guard personnel

when operating commercial motor vehicles for military

purposes.

(3) A person who is a volunteer or paid firefighter

with a Class C license and who has a certificate of

authorization from his fire chief while operating a fire or

emergency vehicle registered to the fire department or

municipality.

(4) Any member of a rescue or emergency squad who is

the holder of a Class C license and who has a certificate

of authorization from the head of the rescue or emergency

squad while operating any rescue or emergency vehicle

equipped with audible and visual signals registered to the

rescue or emergency squad or municipality.

(5) A licensed driver under section 1504(d.1) (relating

to classes of licenses) operating a Pennsylvania covered

farm vehicle anywhere within this Commonwealth.

(5.1) A licensed driver with a Class A, Class B or Class

C or out-of-State equivalent license operating a covered

farm vehicle from another state when operated within 150

air-miles of the out-of-State farm.

(6) A driver with a Class C license operating a school

bus, school vehicle or other commercial vehicle at the

direction of authorized emergency management personnel in a

time of declared Federal, State or local emergency. A person

driving a school bus, school vehicle or other commercial

vehicle pursuant to this paragraph shall not be subject to

sanctions under the provisions of this chapter or section

3742.1 (relating to accidents involving death or personal

injury while not properly licensed).

(7) An employee of the State emergency management agency

or a county emergency management organization who is the

holder of a Class C license and who has a certificate of

authorization from the head of the State emergency management

agency or a county emergency management organization while

operating any emergency vehicle equipped with audible and

visual signals registered to the Commonwealth, State

emergency management agency, county or county emergency

management organization.

(8) The following shall apply:

(i) A driver who is 18 years of age or older and

employed by a political subdivision may operate a

commercial motor vehicle within the boundaries of the

political subdivision for the purpose of removing snow

or ice from a roadway by plowing, sanding or salting,

if:

(A) the properly licensed employee who

ordinarily operates a commercial motor vehicle for

the purpose of removing snow or ice from a roadway

by plowing, sanding or salting is unable to operate

the vehicle; or

(B) the political subdivision determines that

a snow or ice emergency exists that requires

additional assistance.

(ii) The driver must have a certificate of

authorization from the head of the political subdivision

while operating the commercial motor vehicle. An

individual operating a commercial motor vehicle under

this paragraph shall not be subject to sanctions under

the provisions of this chapter or section 3742.1.

(1) No person shall drive a commercial motor vehicle

or a school vehicle during any period in which:

(i) his privilege to drive a commercial motor

vehicle or a school vehicle in a state has been removed

for any reason, including disqualification, until the

person's commercial operating privilege has been

restored;

(ii) his operating privilege is suspended, revoked,

canceled or recalled until the person's operating

privilege has been restored; or

(iii) the driver or vehicle has been placed under

an out-of-service order.

(2) No person who operates a commercial motor vehicle

shall at any time have more than one commercial driver's

license.

(c.1) Additional prohibitions.--No person shall drive a

commercial motor vehicle during any period of time that the

motor carrier has been placed under an out-of-service order.

(d) Penalties.--

(1) Except as provided in paragraph (6), a person who

violates subsection (a) commits a summary offense and shall,

upon conviction, be sentenced to pay a fine of $500. Except

that, if the person charged furnishes satisfactory proof of

having held a commercial driver's license valid on the last

day of the preceding driver's license period and no more

than 60 days have elapsed from the last date of renewal, the

fine shall be $100. Except as provided in paragraph (6),

every person convicted of a second or subsequent violation

of subsection (a) shall be sentenced to pay a fine of not

less than $500 nor more than $1,500.

(2) A person who drives a commercial motor vehicle or

a school vehicle while subject to disqualification commits

a summary offense and shall, upon conviction, be sentenced

to pay a fine of $500. Every person convicted of a second

or subsequent violation of driving a commercial motor vehicle

while subject to disqualification shall be sentenced to pay

a fine of not less than $500 nor more than $1,500.

(3) A person who drives a commercial motor vehicle or

a school vehicle while subject to disqualification under

section 1611(b) or (e) (relating to disqualification) commits

a summary offense and shall, upon conviction, be sentenced

to pay a fine of $1,000 or to imprisonment for six months,

or both.

(4) A person who drives a commercial motor vehicle or

a school vehicle in violation of an out-of-service order

issued under section 1612 (relating to commercial drivers

prohibited from operating with any alcohol in system) commits

a summary offense and shall, upon conviction, be sentenced

to pay a fine of $2,500 for a first offense and $5,000 for

a second or subsequent offense.

(5) A person who drives a commercial motor vehicle or

a school vehicle in violation of an out-of-service order

(other than an out-of-service order issued under section

1612) commits a summary offense and shall, upon conviction,

be sentenced to pay a fine of $2,500 for a first offense and

$5,000 for a second or subsequent offense.

(6) No person shall be convicted of violating subsection

(a) if the person produces at the office of the issuing

authority within 15 days of the violation:

(i) a commercial driver's license valid in this

Commonwealth at the time of the violation; or

(ii) if the commercial driver's license is lost,

stolen, destroyed or illegible, evidence that the driver

was licensed at the time of the violation and that

application for a duplicate license had been made at the

time of the violation.

(7) A person who drives a commercial motor vehicle in

violation of subsection (c)(1)(ii) commits a summary offense

and shall, upon conviction, be sentenced to pay a fine of

$1,000.

(8) A person who drives a commercial motor vehicle in

violation of subsection (c)(2) commits a summary offense and

shall, upon conviction, be sentenced to pay a fine of $1,000.

(e) Convictions and fines cumulative.--Any violations

brought under this section and fines imposed under this section

shall be in addition to violations brought and fines imposed

under any other sections of this title.

(May 21, 1992, P.L.246, No.39, eff. imd.; May 20, 1993, P.L.30,

No.10, eff. 60 days; July 5, 2005, P.L.100, No.37; June 29,

2006, P.L.284, No.61, eff. imd.; Nov. 26, 2008, P.L.1658,

No.133, eff. 60 days; Jan. 27, 2012, P.L.1, No.1, eff. 60 days;

Oct. 24, 2012, P.L.1473, No.187, eff. 60 days; Oct. 14, 2014,

P.L.2491, No.140, eff. imd.; Oct. 22, 2014, P.L.2635, No.170,

eff. 60 days; Nov. 25, 2020, P.L.1246, No.131, eff. imd.; Nov.

17, 2021, P.L.444, No.90, eff. imd.)

2021 Amendment. Act 90 amended subsec. (b)(5) and (5.1).

2020 Amendment. Act 131 added subsec. (b)(8).

2014 Amendments. Act 140 amended subsec. (b)(7) and Act

170 amended subsec. (b)(5) and added subsec. (b)(5.1).

2012 Amendment . Act 187 amended subsec. (a).

Cross References. Section 1606 is referred to in sections

1603, 1607, 1611, 8509 of this title.

§ 1607. Commercial driver's license qualification standards.

(a) Testing.--

(1) The Commonwealth shall offer one knowledge test to

all commercial driver's license holders until April 1, 1992,

for each class and for each endorsement for driving a

commercial motor vehicle which complies with minimum

standards established by Federal regulation and all other

requirements of the Commercial Motor Vehicle Safety Act of

1986 (Public Law 99-570, 49 U.S.C. App. § 2701 et seq.).

This subsection shall not apply to an applicant for a

commercial driver learner's permit.

(2) No person shall be issued a commercial driver's

license unless the person is a resident of this Commonwealth

and has passed a knowledge and skills test for driving a

commercial motor vehicle which complies with minimum

standards established by Federal regulation, all other

requirements of the Commercial Motor Vehicle Safety Act of

1986 and other requirements imposed under Federal regulation

which are published by the department as a notice in the

Pennsylvania Bulletin. The department shall publish the

content of the driving examination for the commercial

driver's license as a notice in the Pennsylvania Bulletin.

The tests shall be offered by the department or its agents.

(3) The department may authorize a person, including

an agency of this or another state, an employer, a private

institution, association or driver training school, or a

department, agency or instrumentality of local government

to administer the skills test specified by this section,

provided:

(i) The test is the same as that which would

otherwise be administered by the department.

(ii) The third party has entered into an agreement

with the department.

(4) (Repealed).

(5) As a result of this section, no layoffs shall occur

in the classification known as Driver's License Examiner.

(6) The department shall provide applicants for

commercial driver's licenses with the choice of selecting a

knowledge test administered in either a written or an oral

format:

(i) The department shall administer the knowledge

tests in both the English and Spanish languages.

(ii) An applicant requesting the oral or Spanish

version of the knowledge test must schedule for the

examination at a testing site authorized by the

department.

(iii) The department shall offer alternate testing

formats to avoid discrimination against drivers with

limited literacy or verbal comprehension skills.

(iv) The alternative of an oral version of the

knowledge test shall not be available to persons seeking

a hazardous materials endorsement on a commercial

driver's license.

(v) The use of interpreters shall not be permitted.

(7) The department shall accept the results of skills

tests administered in other states and sent electronically

by the other state, provided that the skills test

administered meets Federal testing standards.

(8) The department shall require a driver to retake one

or more tests authorized under this chapter within 30 days

upon receiving credible information that the commercial

driver learner's permit holder or commercial driver's license

holder is suspected of fraud related to the issuance of a

commercial driver learner's permit or commercial driver's

license.

(9) Interpreters shall not be permitted during the

administration of the skills test. Neither the commercial

driver learner's permit holder nor the test examiner may

communicate in a language other than English during the

skills test.

(b) Waiver of test.--The department shall waive the skills

test specified in this section for a commercial driver's license

applicant:

(1) Holding a valid Class 2, 3 or 4 license who meets

the requirements of Federal regulations. If permitted by

Federal regulation, the department may waive the written

test requirement for a commercial driver's license applicant

holding a valid Class 2, 3 or 4 license.

(2) Who, subject to the limitations and requirements

of 49 CFR 383.77 (relating to substitute for driving skills

tests), meets all certifications required for waiver under

49 CFR 383.77 and who certifies all of the following:

(i) That the applicant is a member of the active or

reserve components of any branch or unit of the armed

forces of the United States or a veteran who received an

honorable discharge from any branch or unit of the active

or reserve components of the armed forces of the United

States.

(ii) That the applicant is or was regularly employed

in a position in the armed forces of the United States

requiring operation of a commercial motor vehicle.

(iii) That the applicant has legally operated, for

at least two years within the five years immediately prior

to applying for a commercial driver's license, a vehicle

representative of the commercial motor vehicle the driver

applicant operates or expects to operate, either under

the exemption from this Commonwealth's commercial driver's

license requirement provided by section 1606(b)(2)

(relating to requirement for commercial driver's license)

or the equivalent exemption of another state or while on

active duty in a foreign jurisdiction.

(1) Applicants for a commercial driver's license shall

provide the department with the names of all states where

the applicant has been previously or is currently licensed

to operate any type of motor vehicle.

(2) The department shall request the complete driving

record from all states where the applicant was licensed

within the previous ten years to operate any type of motor

vehicle. Suitable notations of all convictions,

disqualifications and other licensing actions for violations

of any State or local law relating to motor vehicle traffic

control, other than a parking violation, committed in any

type of vehicle may be stored and admitted into evidence by

the department as provided in section 1516(b) (relating to

department records). All actions reported to the department

under this paragraph shall have the same effect on subsequent

actions as if the reported action had been taken by the

department.

(3) A commercial driver's license or commercial driver

learner's permit shall not be issued to a person while the

person is subject to a disqualification from driving a

commercial motor vehicle or while the person's driver's

license is suspended, revoked or canceled in any state; nor

shall a commercial driver's license be issued to a person

who has a commercial driver's license issued by any other

state unless the person first surrenders all such licenses,

which shall be returned to the issuing state for

cancellation.

(4) A person must complete training as prescribed by

49 CFR Pt. 380 (relating to special training requirements)

before taking the knowledge test for a hazardous materials

endorsement for the first time.

(d) Commercial driver learner's permit.--

(1) The department shall issue a commercial driver

learner's permit in accordance with section 1505 (relating

to learners' permits).

(2) A commercial driver learner's permit is required

for the addition of endorsements and the removal of

restrictions established under this chapter, including those

established by regulation.

(3) Before a person may take the examination for a

commercial driver's license, the person must have held a

learner's permit for 15 days for the class of vehicle the

person intends to drive.

(4) A commercial driver learner's permit shall be valid

for a period of one year from the date of issuance without

having to retake the general and endorsement knowledge tests.

(5) An applicant for a commercial driver learner's

permit must have a valid driver's license or commercial

driver's license issued by the department.

(6) A commercial driver learner's permit is only valid

when the commercial driver learner's permit holder has in

the driver's immediate possession both the permit and a

driver's license or commercial driver's license.

(7) A commercial driver learner's permit holder must

be accompanied at all times by a CDL holder who has a valid

commercial driver's license with the proper class and

endorsements necessary to operate the vehicle being driven.

The CDL holder must, at all times, be physically present in

the front seat of the vehicle next to the commercial driver

learner's permit holder or, in the case of a bus or passenger

vehicle, directly behind or in the first row behind the

driver and must have the commercial driver learner's permit

holder under observation and direct supervision.

(8) A commercial driver learner's permit holder with a

passenger or school bus endorsement is prohibited from

operating a vehicle carrying a passenger other than Federal

or State auditors and inspectors, test examiners, other

trainees and the CDL holder accompanying the commercial

driver learner's permit holder.

(9) A commercial driver learner's permit holder with a

tank endorsement may only operate an empty tank vehicle and

is prohibited from operating a tank vehicle that previously

contained hazardous materials that has not been purged of

any residue.

(10) An applicant for a commercial driver learner's

permit must be at least 18 years of age.

(11) A commercial driver learner's permit holder is

prohibited from operating a commercial motor vehicle if the

vehicle is transporting hazardous materials and is required

to be placarded in accordance with department regulations.

(12) A person must complete training as prescribed by

49 CFR Pt. 380 before taking the skills test for a Class A

or Class B commercial driver's license for the first time.

(13) A person must complete training as prescribed by

49 CFR Pt. 380 before taking the skills test for a passenger

(P) or school bus (S) endorsement for the first time.

(14) The requirements of paragraphs (12) and (13) do

not apply to an individual who obtained a commercial driver

learner's permit before February 7, 2020, or a later date

as permitted by Federal regulation, if the individual obtains

a commercial driver's license before the commercial driver

learner's permit or commercial driver learner's permit

renewal expires.

(15) The department shall waive the knowledge test

specified under this section, subject to the limitations in

49 CFR 383.77, for an applicant who meets all the

requirements for a waiver under 49 CFR 383.77(a).

(e) Federal disqualifications.--Upon receipt of a

notification from the Federal Motor Carrier Safety

Administration that a person is subject to a disqualification

imposed by Federal law, the department shall record the

disqualification in the person's driving record.

(Apr. 16, 1992, P.L.169, No.31, eff. 60 days; July 11, 1996,

P.L.660, No.115, eff. 60 days; Dec. 9, 2002, P.L.1278, No.152,

eff. 60 days; July 15, 2004, P.L.694, No.75, eff. 60 days; July

5, 2005, P.L.100, No.37; Nov. 26, 2008, P.L.1658, No.133, eff.

60 days; Nov. 1, 2013, P.L.673, No.82, eff. 60 days; Oct. 22,

2015, P.L.199, No.49, eff. 60 days; Nov. 25, 2020, P.L.1246,

No.131)

2020 Amendment. Act 131 amended subsec. (d)(4) and added

subsecs. (c)(4) and (d)(12), (13), (14) and (15), effective in

60 days as to the addition of subsec. (d)(15), six months as

to the amendment of subsec. (d)(4) and January 1, 2022, as to

the addition of subsecs. (c)(4) and (d)(12), (13) and (14).

2015 Amendment. Act 49 amended subsec. (a)(6) and added

subsecs. (a)(7), (8) and (9) and (d)(4), (5), (6), (7), (8),

(9), (10) and (11).

2013 Amendment. Act 82 amended subsec. (b).

2005 Amendment. Act 37 amended subsec. (c) and added subsec.

(e). Section 10(2) of Act 37 provided that Act 37 shall take

effect 90 days after publication of a notice in the Pennsylvania

Bulletin. The notice was published July 16, 2005, at 35 Pa.B.

4029.

2004 Amendment. Act 75 amended subsec. (d).

1996 Amendment. Act 115 amended subsec. (a). Section 27 of

Act 115 provided that the provisions of 67 Pa. Code §§ 75.25,

75.26, 75.27 and 75.28 are repealed upon the publication of

testing procedures as set forth in section 1607(a) in the

Pennsylvania Bulletin. The notice of testing procedures was

published in the Pennsylvania Bulletin on August 24, 1996, at

26 Pa.B. 4143.

Cross References. Section 1607 is referred to in sections

1603, 1611 of this title.

§ 1608. Nonresident CDL.

(a) Issuance of nonresident CDL.--The department may issue

a nonresident CDL to a resident of a foreign jurisdiction. The

following apply:

(1) The word "nondomiciled" shall appear on the face

of the nonresident CDL.

(2) An applicant shall surrender any nonresident CDL

issued by another state.

(3) Prior to issuing a nonresident CDL, the department

shall establish the practical capability of revoking,

suspending or canceling the nonresident CDL and disqualifying

the commercial motor vehicle driving privilege of that

person.

(b) Other provisions applicable.--All provisions of this

chapter applicable to the commercial driver's license for a

resident of this Commonwealth, except the residency requirement,

and all provisions of this title applicable to drivers' licenses

shall be applicable to a nonresident CDL.

a nonresident CDL to a resident of a foreign jurisdiction

without requiring additional testing if the driver possesses a

valid CDL issued by another state or by the foreign jurisdiction

of the driver and the United States Secretary of Transportation

has determined that the commercial motor vehicle testing and

licensing standards in the foreign jurisdiction meet the testing

standards established in Federal regulations.

(Oct. 22, 2015, P.L.199, No.49, eff. 60 days)

2015 Amendment. Act 49 amended subsec. (a) and added subsec.

(c).

§ 1609. Application for commercial driver's license.

(a) Contents of application.--The application for a

commercial driver's license or commercial driver learner's

permit shall include the following:

(1) The full name and current residential address of

the person.

(2) A physical description of the person, including

sex, height and eye color.

(3) Date of birth.

(4) The applicant's Social Security number.

(5) The person's signature.

(6) Certifications, including those required by Federal

regulations.

(7) Any other information required by the department.

(b) Change of name or address.--Whenever any person, after

applying for or receiving a commercial driver's license or

commercial driver learner's permit, moves from the address named

in the application or in the driver's license or learner's

permit issued or when the name of the licensee or permittee is

changed, such person shall, within 15 days, make application

for a duplicate license. The duplicate shall be issued upon

payment of the required fee and return of the original, or

previous duplicate, license.

Commonwealth for 30 days shall drive a commercial motor vehicle

under the authority of a commercial driver's license issued by

another jurisdiction.

(d) Waiver.--Notwithstanding the provisions of subsection

(a)(4), the department shall not require a Social Security

number on the application for a commercial driver's license of

a person who submits a waiver obtained from the Federal Highway

Administration of the United States Department of Transportation

permitting him not to have a Social Security number. If the

waiver requires the person to have some other sort of identifier

in place of the Social Security number, the identifier must be

indicated on the application.

(June 11, 1992, P.L.266, No.47, eff. imd.)

1992 Amendment. Act 47 added subsec. (d).

Cross References. Section 1609 is referred to in section

1610 of this title.

§ 1609.1. Type of driving certification requirements.

(a) Self-certification requirement.--An applicant for a

commercial driver learner's permit or initial commercial

driver's license must make one of the applicable

self-certifications from the following:

(1) Nonexcepted Interstate Commerce. A certification

that the applicant:

(i) operates or expects to operate in interstate

commerce;

(ii) is subject to and meets the medical

qualification requirements under 49 CFR Part 391

(relating to qualifications of drivers and longer

combination vehicle (LCV) driver instructors); and

(iii) acknowledges the requirement to obtain a

medical certificate under 49 CFR § 391.45 (relating to

persons who must be medically examined and certified).

(2) Excepted Interstate Commerce. A certification that

the applicant operates or expects to operate in interstate

commerce but engages exclusively in transportation or

operations excepted under 49 CFR § 390.3(f) (relating to

general applicability), 391.2 (relating to general

exceptions), 391.68 (relating to private motor carrier of

passengers (nonbusiness)) or 398.3 (relating to

qualifications of drivers or operators) from all or parts

of the qualification requirements of 49 CFR Part 391 and is

therefore not required to obtain a medical examiner's

certificate under 49 CFR § 391.45.

(3) Nonexcepted Intrastate Commerce. A certification

that the applicant:

(i) operates in intrastate commerce;

(ii) is subject to and meets the medical

qualification requirements of 67 Pa. Code Ch. 231

(relating to intrastate motor carrier safety

requirements); and

(iii) acknowledges the requirement to obtain a

medical certificate.

(4) Excepted Intrastate Commerce. A certification that

the applicant operates in intrastate commerce but engages

exclusively in transportation or operations excepted from

all or parts of the driver qualification requirements in 67

Pa. Code Ch. 231 and is not required to obtain a medical

certificate.

(b) Existing drivers.--A holder of a commercial driver's

license shall submit to the department a self-certification of

driving which complies with subsection (a) within 30 days of

notice by the department.

(Jan. 27, 2012, P.L.1, No.1, eff. imd.)

2012 Amendment. Act 1 added section 1609.1.

Cross References. Section 1609.1 is referred to in section

1609.3 of this title.

§ 1609.2. Medical certification.

(a) Requirements.--An individual who certifies that the

individual operates or expects to operate a commercial motor

vehicle in nonexcepted interstate commerce or nonexcepted

intrastate commerce shall provide the department with an

original or photographic copy of a medical examiner's

certificate prepared by a medical examiner. The medical

examiner's certificate shall be valid for up to two years from

the date of the medical examination.

(b) Maintaining certification.--A CDL holder who certifies

intent to operate a commercial motor vehicle in nonexcepted

interstate commerce or nonexcepted intrastate commerce shall

provide the department with an original or copy of a

subsequently issued medical examiner's certificate.

(1) This subsection applies in the following

circumstances:

(i) Upon the expiration of a medical certification

or a medical variance issued by the Federal Motor Carrier

Safety Administration or the department.

(ii) If the Federal Motor Carrier Safety

Administration notifies the department that a medical

variance was rescinded.

(2) If this subsection applies, the department shall

notify a nonexcepted commercial driver that the driver is

no longer in conformance with the medical certification

requirements and that the CDL designation will be removed

from the driver's license unless the driver:

(i) submits a current medical certificate or medical

variance; or

(ii) changes the self-certification to driving only

in excepted interstate commerce or excepted intrastate

commerce.

(Jan. 27, 2012, P.L.1, No.1, eff. imd.)

2012 Amendment. Act 1 added section 1609.2.

Cross References. Section 1609.2 is referred to in section

1609.3 of this title.

§ 1609.3. Noncompliance with certification requirements.

The department shall remove the commercial driver license

designation from the driver's license of an individual who is

not in compliance with section 1609.1 (relating to type of

driving certification requirements) or 1609.2 (relating to

medical certification).

(Jan. 27, 2012, P.L.1, No.1, eff. imd.)

2012 Amendment. Act 1 added section 1609.3.

Cross References. Section 1609.3 is referred to in section

1550 of this title.

§ 1610. Commercial driver's license.

(a) Content of license.--The commercial driver's license

shall indicate "commercial driver's license" or "CDL" and shall

include, but not be limited to, the following information:

(1) The name and residential address of the person.

(2) The person's color photograph or photographic

facsimile.

(3) A physical description of the person, including

sex, height and eye color.

(4) Date of birth.

(5) The license number assigned by the department.

(6) The person's signature or a facsimile of that

signature.

(7) The class or type of commercial motor vehicle or

vehicles which the person is authorized to drive, together

with any endorsements or restrictions.

(b) Classifications, endorsements and restrictions.--

(1) Commercial drivers' licenses may be issued with

the following classifications, endorsements and restrictions.

The holder of a valid commercial driver's license may drive

all vehicles in the class for which that license is issued

and all lesser classes of vehicles except motorcycles.

Vehicles requiring an endorsement may not be driven unless

the proper endorsement appears on the license.

(2) The following codes shall be used as required to

describe the commercial driver's license endorsements.

Additional endorsements may be added by regulation for use

on the commercial driver's license:

A - (Deleted by amendment).

G - (Deleted by amendment).

H - Authorizes the driver to operate a vehicle

transporting hazardous materials.

L - (Deleted by amendment).

N - Authorizes driving tank vehicles.

P - Authorizes driving vehicles carrying passengers.

Q - (Deleted by amendment).

S - Authorizes the driver to operate a school bus.

T - Authorizes driving double and triple trailers.

V - (Deleted by amendment).

X - Represents a combination of hazardous materials

and tank vehicle endorsements.

Y - (Deleted by amendment).

(3) The following codes shall be used as required to

describe the commercial driver's license restrictions.

Additional restrictions may be added by regulation for use

on the commercial driver's license:

A - Restricts the driver to driving under 49 CFR §

391.62(c) (relating to limited exemptions for intra-city

zone drivers).

E - Prohibits driving a commercial motor vehicle

equipped with a manual transmission.

G - Indicates qualification under 49 CFR § 391.62(e).

K - Restricts driver to intrastate driving.

L - Prohibits driving a commercial motor vehicle

equipped with air brakes.

M - Prohibits driving a Class A passenger vehicle.

N - Prohibits driving a Class A or Class B passenger

vehicle.

O - Prohibits driving a truck tractor-trailer

combination.

P - Prohibits driving a commercial motor vehicle bus

containing passengers.

Q - Requires the driver to wear corrective lenses.

V - Indicates that the driver has been issued a

medical variance.

X - Prohibits tank vehicles from carrying cargo.

Y - Requires the driver to wear a hearing aid.

Z - Prohibits driving a commercial motor vehicle

with full air brakes.

(4) A hazardous materials (code H) endorsement shall

not be required for a driver with a Class A commercial

driver's license who is operating a commercial motor vehicle

in accordance with 49 CFR § 383.3(i) (relating to

applicability).

(1) Before issuing, renewing, upgrading or transferring

a commercial driver's license, the department shall obtain

driving record information through the Commercial Driver's

License Information System, the Drug and Alcohol

Clearinghouse and the National Driver Register.

(2) Before issuing a commercial driver's license with

an "H" or "X" endorsement, the department must have received

notification from the United States Secretary of

Transportation that the individual does not pose a security

risk warranting denial of the endorsement. This paragraph

shall not apply until such time as regulations are published

by the United States Secretary of Transportation as required

by the Uniting and Strengthening America by Providing

Appropriate Tools Required to Intercept and Obstruct

Terrorism (USA Patriot Act) Act of 2001 (Public Law 107-56,

115 Stat. 272).

(d) Notification of license issuance.--When the department

has electronic access, but no later than March 31, 1992, the

department, within ten days after issuing a commercial driver's

license, shall notify the Commercial Driver's License

Information System of that fact, providing all information

required to ensure identification of the person.

(e) License renewal procedures.--When applying for renewal

of a commercial driver's license, the applicant must complete

the application form required by section 1609(a) (relating to

application for commercial driver's license), providing current

and valid information and required certifications. If the

applicant wishes to retain a hazardous materials endorsement,

the English version of the written test for a hazardous

materials endorsement must be taken and passed.

(f) Sale of photographs prohibited.--Neither the department

nor any person under contract with the department shall sell

photographs of holders of a commercial driver's license for any

commercial purpose.

(June 26, 2001, P.L.734, No.75, eff. 60 days; Dec. 9, 2002,

P.L.1278, No.152, eff. 60 days; Jan. 27, 2012, P.L.1, No.1,

eff. imd.; Oct. 22, 2015, P.L.199, No.49, eff. 60 days; Nov.

4, 2016, P.L.1277, No.165, eff. imd.; July 11, 2022, P.L.1585,

No.90, eff. 60 days)

2022 Amendment. Act 90 amended subsec. (c)(1).

2016 Amendment. Act 165 added subsec. (b)(4).

2015 Amendment . Act 49 amended subsec. (b)(2) and added

subsec. (b)(3).

2002 Amendment. Act 152 amended subsec. (c).

2001 Amendment. Act 75 added subsec. (f).

§ 1611. Disqualification.

(a) First violation of certain offenses.--Upon receipt of

a report of conviction, the department shall, in addition to

any other penalties imposed under this title, disqualify any

person from driving a commercial motor vehicle or school vehicle

for a period of one year for the first violation of:

(1) section 3802 (relating to driving under influence

of alcohol or controlled substance) or former section 3731,

where the person was a commercial driver at the time the

violation occurred;

(2) section 3742 (relating to accidents involving death

or personal injury), where the person was a commercial driver

at the time the violation occurred;

(3) section 3743 (relating to accidents involving damage

to attended vehicle or property), where the person was a

commercial driver at the time the violation occurred;

(4) section 3745 (relating to accidents involving damage

to unattended vehicle or property), where the person was a

commercial driver at the time the violation occurred;

(5) any felony in the commission of which a court

determines a motor vehicle was essentially involved and where

the person was a commercial driver at the time the violation

occurred, except as described in subsection (e);

(6) section 1606(c) (relating to requirement for

commercial driver's license); or

(7) any offense wherein the person caused the death of

a person as a result of a motor vehicle accident through the

negligent operation of a commercial motor vehicle, including,

but not limited to, a violation of 18 Pa.C.S. § 2504

(relating to involuntary manslaughter) or a violation of

section 3732 (relating to homicide by vehicle).

(b) Offenses involving hazardous materials or a bus.--Except

as set forth in subsection (b.1), the department shall

disqualify any person from driving a commercial motor vehicle

for three years if any of the first offenses in subsection (a)

or first refusal in section 1613 (relating to implied consent

requirements for commercial motor vehicle drivers) occurred

either while transporting a hazardous material required to be

placarded or while operating a vehicle designed to transport

16 or more passengers, including the driver.

(b.1) Offenses involving out-of-service orders and a bus

or hazardous materials.--The department shall disqualify any

person for two years for a first violation of operating a

commercial motor vehicle while the driver or vehicle is subject

to an out-of-service order if the violation occurred either

while transporting a hazardous material required to be

placarded, or while operating a vehicle designed to transport

16 or more passengers, including the driver.

in subsection (c.1), the department shall disqualify for life

any person convicted of two or more violations of any of the

offenses specified in subsection (a), or the subject of two or

more reports of test refusal as specified in section 1613, or

any combination of those offenses and/or refusals, arising from

two or more separate and distinct incidents. Only offenses

committed after the effective date of this chapter may be

considered in applying this subsection.

(c.1) Subsequent violations of out-of-service orders.--The

department shall disqualify any person from driving a commercial

motor vehicle for three years for a second or subsequent

violation in a ten-year period of driving while subject to an

out-of-service order and for a period of five years if the

offense occurred either while transporting a hazardous material

required to be placarded, or while operating a vehicle designed

to transport 16 or more passengers, including the driver.

(d) Mitigation of disqualification for life.--The department

may issue regulations establishing guidelines, including

conditions, under which a disqualification for life under

subsection (c) may be reduced to a period of not less than ten

years, if such reductions are permitted by Federal regulations.

(e) Disqualification for controlled substance offenses.--The

department shall disqualify any person from driving a commercial

motor vehicle for life who is convicted of using a motor vehicle

in the commission of any felony involving the manufacture,

distribution or dispensing of a controlled substance or

possession with intent to manufacture, distribute or dispense

a controlled substance where either:

(1) the person was a commercial driver's license holder

at the time of the commission of the felony; or

(2) the motor vehicle used in the commission of the

felony was a commercial motor vehicle.

There shall be no exceptions or reductions to this

disqualification for life.

(f) Disqualification for failure to have CDL.--In addition

to any other disqualification required by this section, the

department shall disqualify any person from driving a commercial

motor vehicle for six months upon receiving a report of the

person's conviction of violating section 1606(a).

(g) Disqualification for serious traffic offenses.--The

department shall disqualify any person from driving a commercial

motor vehicle for a period of 60 days if convicted of two

serious traffic violations, or 120 days if convicted of three

serious traffic violations, arising from separate and distinct

incidents occurring within a three-year period. A violation

will only be considered a serious traffic violation for purposes

of this subsection where:

(1) the person was a commercial driver's license holder

at the time of the violation, and conviction of the violation

results in a revocation, cancellation or suspension of the

person's operating privileges for noncommercial motor

vehicles; or

(2) the person was operating a commercial motor vehicle

at the time of the violation.

(h) Conviction in Federal court or another state.--For

purposes of the provisions of this section, a copy of a report

of conviction or a copy of a report of administrative

adjudication from a Federal court or another state for an

offense similar to those offenses which would result in

disqualification in this section shall be treated by the

department as if the conviction had occurred in this

Commonwealth. A conviction for negligent homicide shall be

treated as similar to either a conviction for violating 18

Pa.C.S. § 2504 or a conviction for violating section 3732 for

purposes of the provisions of this section.

(i) Surrender of license.--Upon the disqualification of the

commercial driving privilege or school vehicle driving privilege

of a person, the license shall be surrendered as provided in

section 1540 (relating to surrender of license). If the person

is not a CDL holder, then the person shall submit an

acknowledgment of disqualification to the department in lieu

of the license.

(j) Updating driving record.--After disqualifying,

suspending, revoking, recalling or canceling a commercial

driving privilege, the department shall update its records to

reflect that action. After disqualifying, suspending, revoking,

recalling or canceling a commercial driving privilege issued

by another state, the department shall notify the licensing

authority of the state which issued the commercial driver's

license or nonresident commercial driver's license. In addition

to any other records required or authorized to be kept by the

department, the department shall file or make suitable notation

in its records thereof all reports of the conviction of any

violation, in any motor vehicle, of a State or local traffic

control law, except a parking violation, and also for any other

report of conviction or report of test refusal that results in

disqualification pursuant to this chapter, of a person who was

a commercial driver at the time of the violation that are

received by the department from any court or administrative

body of the Commonwealth, another state or the Federal

Government. Such reports or suitable notations may be stored

and admitted into evidence by the department as provided in

section 1516(b) (relating to department records).

Notwithstanding any other provision of law, no record maintained

by the department in accordance with the provisions of this

subsection may be expunged by order of court.

(k) Disqualification for railroad crossing offenses.--The

department shall disqualify any person from driving a commercial

motor vehicle upon receiving a report of the person's conviction

for an offense under section 3341 (relating to obedience to

signal indicating approach of train), 3342 (relating to vehicles

required to stop at railroad crossings) or 3343(a), (c) or (d)

(relating to moving heavy equipment at railroad grade crossings)

committed in a commercial vehicle as follows:

(1) 60 days for a first conviction.

(2) 120 days for a second conviction arising from

separate and distinct incidents occurring within a three-year

period.

(3) One year for a third conviction arising from

separate and distinct incidents occurring within a three-year

period.

(l) Disqualification for incomplete, incorrect or fraudulent

application or certification.--The department shall disqualify

any person from driving a commercial motor vehicle for 60 days

upon canceling the person's commercial driver's license pursuant

to section 1572(a)(1)(ii) (relating to cancellation of driver's

license) involving an application or certification related to

the requirements of this chapter.

(m) Limitation on noncommercial motor vehicle-based

disqualifications.--A violation which occurred prior to the

effective date of this subsection and which did not involve a

commercial motor vehicle shall not be considered by the

department for purposes of applying a disqualification pursuant

to this section.

(n) Consecutive application.--All disqualifications shall

be imposed consecutively.

(o) Fraud disqualification.--The department shall disqualify

an individual from driving a commercial motor vehicle for one

year upon receiving a certified record of the driver's

conviction of fraud relating to the issuance of a commercial

driver learner's permit or commercial driver's license, and the

commercial driver's license designation shall be removed from

the driver's license. Unless otherwise ineligible, a driver may

apply for a commercial driver learner's permit upon restoration

of the operating privilege.

(p) Retest disqualification.--The department shall

disqualify an individual from driving a commercial motor vehicle

if the individual fails to take and pass a retest required under

section 1607(a)(8) (relating to commercial driver's license

qualification standards). A driver disqualified under section

1607(a)(8) must reapply for a commercial driver learner's permit

under the procedures applicable to all commercial driver

learner's permit applicants.

(q) Human trafficking.--The department shall disqualify an

individual from operating a commercial motor vehicle for life

upon receiving a record of conviction of using a commercial

motor vehicle in commission of a felony involving an act or

practice of a severe form of trafficking in persons, as defined

under section 103 of the Victims of Trafficking and Violence

Protection Act of 2000 (Public Law 106-386, 114 Stat. 1464).

(Apr. 16, 1992, P.L.169, No.31, eff. 60 days; Dec. 9, 2002,

P.L.1278, No.152, eff. 60 days; Sept. 30, 2003, P.L.120, No.24,

eff. Feb. 1, 2004; July 5, 2005, P.L.100, No.37; Nov. 26, 2008,

P.L.1658, No.133, eff. 60 days; Jan. 27, 2012, P.L.1, No.1,

eff. imd.; Oct. 22, 2015, P.L.199, No.49, eff. 60 days; Nov.

25, 2020, P.L.1246, No.131, eff. 6 mos.)

2020 Amendment. Act 131 added subsec. (q).

2015 Amendment . Act 49 added subsecs. (o) and (p).

2012 Amendment . Act 1 amended subsec. (l).

2008 Amendment. Act 133 amended subsecs. (a) intro. par.

and (6), (b) and (c) and added subsecs. (b.1), (c.1) and (n).

Cross References. Section 1611 is referred to in sections

1553, 1606, 1613, 6146 of this title.

§ 1612. Commercial and school vehicle drivers prohibited from

operating with any alcohol in system.

(a) Offense defined.--Notwithstanding any other provision

of this title, a person shall not drive, operate or be in

physical control of a school vehicle or a commercial motor

vehicle while having any alcohol in his system.

(b) Penalty.--

(1) A person who violates subsection (a) while driving,

operating or in physical control of a commercial motor

vehicle commits a summary offense and shall, upon conviction,

be sentenced to pay a fine of $100. A person who drives,

operates or is in physical control of a commercial motor

vehicle while having alcohol in his system or who refuses

to take a test to determine his alcohol content as provided

by section 1613 (relating to implied consent requirements

for commercial motor vehicle drivers) shall be placed out

of service for 24 hours.

(2) A person who violates subsection (a) while driving,

operating or in physical control of a school bus or a school

vehicle commits a summary offense and shall, upon conviction,

be sentenced to pay a minimum fine of $250, and, for a person

convicted of a second or subsequent offense, the sentencing

court shall order the person to pay a fine of $500. A person

who drives, operates or is in physical control of a school

bus or a school vehicle while having alcohol in his system

or who refuses to take a test to determine his alcohol

content as provided by section 1613 shall be placed out of

service by his employer for 30 days.

(Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Dec. 9, 2002,

P.L.1278, No.152, eff. 60 days)

Cross References. Section 1612 is referred to in section

1606 of this title.

§ 1613. Implied consent requirements for commercial motor

vehicle drivers.

(a) Implied consent.--A person who drives a commercial motor

vehicle in this Commonwealth is deemed to have given consent

to take a test or tests of the person's breath, blood or urine

for the purpose of determining the person's alcohol

concentration or the presence of other controlled substances.

(b) Tests ordered by police officer.--A test or tests may

be administered at the direction of a police officer who, after

stopping or detaining the commercial motor vehicle driver, has

reasonable grounds to believe that the driver was driving a

commercial motor vehicle while having any alcohol in his system.

to a test as provided in subsection (a) shall be warned by the

police officer requesting the test that refusal to submit to

the test will result in the person's being disqualified from

operating a commercial motor vehicle under subsection (e).

(d) Report on test refusal.--If the person refuses testing,

the police officer shall submit a sworn report to the department

certifying that the test was requested pursuant to subsection

(a) and that the person refused to submit to testing.

(d.1) Disqualification for refusal.--Upon receipt of a

report of test refusal, the department shall disqualify the

person who is the subject of the report for the same period as

if the department had received a report of the person's

conviction for violating one of the offenses listed in section

1611(a) (relating to disqualification). A person who is

disqualified as a result of a report of test refusal that

originated in this Commonwealth shall have the same right of

appeal as provided for in cases of suspension. Where the report

of test refusal originated from another state or other foreign

jurisdiction, the review of a court on an appeal from a

disqualification under this subsection shall be limited to

whether the department has received a report of refusal and

whether the person has successfully established one of the

following defenses:

(1) The person being disqualified is not the one

identified in the report.

(2) The person has successfully contested the report

in the jurisdiction from which it originated.

(3) The department has erred in determining the length

of the disqualification to be imposed as a result of the

report of test refusal.

(d.2) Limitation on noncommercial motor vehicle-based

refusal.--A report of test refusal which occurred prior to the

effective date of this subsection and which did not involve a

commercial motor vehicle shall not be considered by the

department for purposes of applying a disqualification pursuant

to this section.

(d.3) Definition.--As used in this section, the term "report

of test refusal" shall mean the following:

(1) A report of a police officer submitted to the

department that a person refused to submit to testing

requested under this section.

(2) A notice by a police officer to the department of

a person's refusal to take a test requested pursuant to

section 1547 (relating to chemical testing to determine

amount of alcohol or controlled substance) where the person

was a commercial driver at the time relevant to the refusal.

(3) Any document, including an electronic transmission,

submitted to the department from a court of competent

jurisdiction indicating that a person was convicted of an

offense that involves the refusal to submit to testing for

alcohol or controlled substances where the person was a

commercial driver at the time of the violation.

(4) Any document, including an electronic transmission,

submitted to the department from a court, administrative

tribunal, administrative agency or police officer or other

agent of another state or other foreign jurisdiction

indicating that a person refused to take a test requested

to aid enforcement of a law against driving while under the

influence of alcohol or a controlled substance where the

person was a commercial driver at the time relevant to the

refusal.

(e) Disqualification for refusal.--(Deleted by amendment).

(f) Appeal of disqualification.--(Deleted by amendment).

(July 5, 2005, P.L.100, No.37)

2005 Amendment. Act 37 added subsecs. (d.1), (d.2) and (d.3)

and deleted subsecs. (e) and (f). Section 10(2) of Act 37

provided that Act 37 shall take effect 90 days after publication

of a notice in the Pennsylvania Bulletin. The notice was

published July 16, 2005, at 35 Pa.B. 4029.

Cross References. Section 1613 is referred to in sections

1611, 1612 of this title.

§ 1614. Notification of traffic convictions.

After receiving a report of the conviction of any holder of

a commercial driver's license issued by another state, or any

person who is a holder of a driver's license issued by another

state and who was operating a commercial motor vehicle at the

time of the violation, for violation of this chapter or Chapter

15 (relating to licensing of drivers), 17 (relating to financial

responsibility), 31 (relating to general provisions), 33

(relating to rules of the road in general) or 37 (relating to

miscellaneous provisions) committed in a commercial motor

vehicle, the department shall notify the driver licensing

authority in the licensing state of the conviction.

(July 5, 2005, P.L.100, No.37)

2005 Amendment. Section 10(2) of Act 37 provided that Act

37 shall take effect 90 days after publication of a notice in

the Pennsylvania Bulletin. The notice was published July 16,

2005, at 35 Pa.B. 4029.

§ 1615. Authority to enter agreements.

The department may enter into or make agreements,

arrangements or declarations to carry out the provisions of

this chapter.

§ 1616. Reciprocity.

Notwithstanding any law to the contrary, a person may drive

a commercial motor vehicle if the person has a commercial

driver's license issued by any state, or any province or

territory of Canada in accordance with the minimum Federal

standards for the issuance of commercial motor vehicle drivers'

licenses, if the person's operating privilege is not suspended,

revoked or canceled and if the person is not disqualified from

driving a commercial motor vehicle or subject to an

out-of-service order.

§ 1617. Fees.

Fees relating to commercial drivers' licenses to be collected

by the department under this chapter shall be in addition to

any other fees imposed under the provisions of this title and

are as follows:

(1) The annual fee for a commercial driver's license

designation shall be $15.

(2) In addition to any other restoration fee required

by this title, an additional restoration fee of $100 shall

be assessed and collected before reinstating a commercial

driver's operating privilege following a suspension or

revocation under this title or disqualification under this

chapter.

(3) If the commercial driving privilege of a driver is

disqualified, a Class C noncommercial or M license, if the

driver possesses the motorcycle qualification, may be

obtained upon payment of the fees associated with obtaining

a duplicate license.

(4) An additional fee of $15 shall be imposed for the

initial issuance or renewal of a commercial driver's license

with an "H" or "X" endorsement, in addition to the cost of

a criminal history background check as required by the USA

Patriot Act of 2001 (Public Law 107-56, 115 Stat. 272).

(Dec. 9, 2002, P.L.1278, No.152, eff. 120 days; Nov. 25, 2013,

P.L.974, No.89, eff. Jan. 1, 2015)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

Cross References. Section 1617 is referred to in section

1902 of this title.

§ 1618. Fines exempt from Judicial Computer Account.

All fines and penalties imposed by this chapter shall be

deposited into the Motor License Fund and shall not be subject

to the provisions of 42 Pa.C.S. § 3733 (relating to deposits

into account).

§ 1619. Prohibition against discharging, disciplining or

discriminating against employees.

(a) General rule.--No person shall discharge, discipline

or in any manner discriminate against any employee with respect

to the employee's compensation, terms, conditions or privileges

of employment because such employee, or person acting pursuant

to a request of the employee:

(1) refuses to operate a commercial motor vehicle which

is not in compliance with the provisions of 67 Pa. Code Ch.

231 (relating to intrastate motor carrier safety

requirements) and existing safety laws; or

(2) has filed any complaint or instituted or caused to

be instituted any proceeding relating to a violation of a

commercial motor vehicle safety rule, regulation, standard

or order or has testified or is about to testify in any such

proceeding.

(b) Unsafe conditions.--No person shall discharge,

discipline or in any manner discriminate against an employee

with respect to the employee's compensation, terms, conditions

or privileges of employment for refusing to operate a vehicle

when such operation constitutes a violation of any Federal

rules, regulations, standards or orders applicable to commercial

motor vehicle safety or health, or because of the employee's

reasonable apprehension of serious injury to himself or the

public due to the unsafe condition of such equipment. The unsafe

conditions causing the employee's apprehension of injury must

be of such nature that a reasonable person, under the

circumstances then confronting the employee, would conclude

that there is a bona fide danger of an accident, injury or

serious impairment of health resulting from the unsafe

condition. In order to qualify for protection under this

subsection, the employee must have sought from his employer and

have been unable to obtain correction of the unsafe condition.

(1) Any employee who believes he has been discharged,

disciplined or otherwise discriminated against by any person

in violation of subsection (a) or (b) may, within 180 days

after such alleged violation occurs, file or have filed by

any person on the employee's behalf a complaint with a

magisterial district judge alleging such discharge,

discipline or discrimination. Actions brought under this

section shall be brought in the court of common pleas if the

complaint states a claim for damages in excess of the

jurisdictional limits provided by 42 Pa.C.S. § 1515 (relating

to jurisdiction and venue) and the plaintiff declines to

waive the portion of his claim exceeding the jurisdictional

amount.

(2) Upon request of the employee, the employer or any

representative of the employee or employer, the Pennsylvania

Public Utility Commission shall assign and direct an

investigator with qualifications in motor vehicle safety

inspections to examine the vehicle or vehicles in question

and render a signed report. Such report shall be prima facie

evidence of the facts and the conclusions contained therein,

and may be introduced in a legal proceeding brought under

this section. Any party may call the investigator as if on

cross examination in a legal proceeding brought under this

section.

(3) If the magisterial district judge or the court of

common pleas, after notice and hearing, determines that a

violation of subsection (a) or (b) has occurred, the

magisterial district judge or court of common pleas has the

power to and shall order:

(i) the person who committed such violation to take

affirmative action to abate the violation;

(ii) such person to reinstate the complainant to

the complainant's former position together with the

compensation, including back pay, terms, conditions and

privileges of the complainant's employment; and

(iii) compensatory damages.

(4) If an order is issued under paragraph (3), the

magisterial district judge or court of common pleas issuing

the order, at the request of the complainant, may assess

against the person against whom the order is issued a sum

equal to the aggregate amount of all costs and expenses,

including attorney fees, reasonably incurred by the

complainant for, or in connection with, the bringing of the

complaint upon which the order was issued.

(d) Review of order.--Any person adversely affected or

aggrieved by an order issued after a hearing under subsection

provisions of 42 Pa.C.S. (relating to judiciary and judicial

procedure).

(e) Enforcement of order.--Whenever a person has failed to

comply with an order issued under subsection (c)(3), an

aggrieved party may file a civil action or seek an enforcement

order in the court of common pleas for the district in which

the violation was found to occur in order to enforce such order.

In actions brought under this subsection, the court of common

pleas shall have jurisdiction to grant all appropriate relief,

including injunctive relief, reinstatement and compensatory

damages.

(July 10, 1990, P.L.356, No.83, eff. 60 days; Dec. 7, 1990,

P.L.635, No.164, eff. imd.; Nov. 30, 2004, P.L.1618, No.207,

eff. 60 days)

2004 Amendment. Act 207 amended subsec. (c)(1), (3) and

(4). See section 29 of Act 207 in the appendix to this title

for special provisions relating to construction of law.

1990 Amendments. Act 83 added section 1619 and Act 164

amended subsecs. (c), (d) and (e).

§ 1620. Commercial driver records.

The department shall establish a program for unlimited annual

electronic driver record checks for employers of commercial

drivers. The program shall include the registration of the

employer with the department, including an estimate of the

number of drivers employed and an annual fee which shall be

based on $5 per estimated driver. The department shall provide

the registered employer with unlimited electronic access to

uncertified driver records. The department is authorized to

periodically audit the registered employer to determine that

fees are approximately in line with the number of employees'

records being accessed. If the department determines that the

employer misrepresented the number of drivers whose records

would be accessed or that the record of a driver other than a

commercial driver employee or prospective commercial driver

employee was accessed, the department shall take appropriate

action.

(Dec. 1, 2004, P.L.1771, No.229, eff. 60 days)

2004 Amendment. Act 229 added section 1620.

§ 1621. Texting while driving.

(a) Prohibition.--Except as provided under subsection (c),

a driver may not engage in texting while driving a commercial

motor vehicle or motor carrier vehicle.

(b) Employer.--Except as provided under subsection (c), an

employer may not permit or require a driver of the employer to

engage in texting while driving a commercial motor vehicle or

motor carrier vehicle.

be permissible by a driver of a commercial motor vehicle or

motor carrier vehicle if necessary to communicate with a law

enforcement official or other emergency service.

(d) Penalties.--

(1) A person who violates subsection (a) commits a

summary offense and shall, upon conviction, be sentenced

to pay a fine of $100.

(2) A person who violates subsection (b) commits a

summary offense and shall, upon conviction, be sentenced to

pay a fine of $500.

(e) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Driving." Operating a commercial motor vehicle or motor

carrier vehicle on a highway, with the motor running, including

while the commercial motor vehicle or motor carrier vehicle is

temporarily stationary because of traffic, a traffic control

device or other momentary delay. The term does not include

operating a commercial motor vehicle or motor carrier vehicle

with or without the motor running if the driver moved the

vehicle to the side of or off of a highway and halted in a

location where the vehicle can safely remain stationary.

"Electronic device." An electronic device includes, but is

not limited to, a cellular telephone, personal digital

assistant, pager, computer or any other device used to input,

write, send, receive or read text.

"Texting." Manually entering alphanumeric text into or

reading text from an electronic device. The following shall

apply:

(1) The term includes, but is not limited to, short

message service, e-mailing, instant messaging, a command or

request to access an Internet web page, pressing more than

a single button to initiate or terminate a voice

communication using a mobile telephone or engaging in any

other form of electronic text retrieval or entry, for present

or future communication.

(2) The term does not include:

(i) Inputting, selecting or reading information on

a global positioning system or navigation system.

(ii) Pressing a single button to initiate or

terminate a voice communication using a mobile telephone.

(iii) Using a device capable of performing multiple

functions, including, but not limited to, fleet

management systems, dispatching devices, citizens band

radios and music players, for a purpose that is not

prohibited by this section.

(June 30, 2014, P.L.814, No.85, eff. 60 days)

2014 Amendment. Act 85 added section 1621.

Cross References. Section 1621 is referred to in section

1603 of this title.

§ 1622. Handheld mobile telephone.

(a) Commercial motor vehicle.--Except as provided under

subsection (c), a driver may not use a handheld mobile telephone

while driving a commercial motor vehicle or motor carrier

vehicle.

(b) Employer.--Except as provided under subsection (c), an

employer may not permit or require a driver of the employer to

use a handheld mobile telephone while driving a commercial motor

vehicle or a motor carrier vehicle.

telephone shall be permissible by a driver of a commercial motor

vehicle or motor carrier vehicle if necessary to communicate

with a law enforcement official or other emergency service.

(d) Penalties.--

(1) A person who violates subsection (a) commits a

summary offense and shall, upon conviction, be sentenced

to pay a fine of $100.

(2) A person who violates subsection (b) commits a

summary offense and shall, upon conviction, be sentenced to

pay a fine of $500.

(e) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Driving." Operating a commercial motor vehicle or motor

carrier vehicle on a highway, with the motor running, including

while the commercial motor vehicle or motor carrier vehicle is

temporarily stationary because of traffic, a traffic control

device or other momentary delay. The term does not include

operating a commercial motor vehicle or motor carrier vehicle

with or without the motor running if the driver moved the

vehicle to the side of or off of a highway and halted in a

location where the vehicle can safely remain stationary.

"Mobile telephone." A mobile communication device which

uses a commercial mobile radio service, as defined in 47 CFR §

20.3 (relating to definitions). The term does not include

two-way or Citizens Band Radio services.

"Use a handheld mobile telephone." As follows:

(1) Using at least one hand to hold a mobile telephone

to conduct a voice communication.

(2) Dialing or answering a mobile telephone by pressing

more than a single button.

(3) Reaching for a mobile telephone in a manner that

requires a driver to maneuver so that the driver is no longer

in a seated driving position, restrained by a seat belt that

is installed in accordance with 49 CFR § 393.93 (relating

to seats, seat belt assemblies, and seat belt assembly

anchorages) and adjusted in accordance with the vehicle

manufacturer's instructions.

(June 30, 2014, P.L.814, No.85, eff. 60 days)

2014 Amendment. Act 85 added section 1622.

Cross References. Section 1622 is referred to in section

1603 of this title.

CHAPTER 17

FINANCIAL RESPONSIBILITY

Subchapter

A. General Provisions

B. Motor Vehicle Liability Insurance First Party Benefits

C. Uninsured and Underinsured Motorist Coverage

D. Assigned Risk Plan

E. Assigned Claims Plan

F. Catastrophic Loss Trust Fund (Repealed)

G. Nonpayment of Judgments

H. Proof of Financial Responsibility

I. Miscellaneous Provisions

Enactment. Chapter 17 was added February 12, 1984, P.L.26,

No.11. Section 12 of Act 12 of 1984 provided that Act 11 shall

take effect October 1, 1984.

Prior Provisions. Former Chapter 17, which related to the

same subject matter, was added June 17, 1976, P.L.162, No.81,

and repealed February 12, 1984, P.L.26, No.11, effective October

1, 1984.

Special Provisions in Appendix. See sections 6, 7 and 9 of

Act 11 of 1984 in the appendix to this title for special

provisions relating to references to Pennsylvania No-Fault Motor

Vehicle Insurance Act, severability and applicability.

See sections 9 and 11 of Act 12 of 1984 in the appendix to

this title for special provisions relating to savings provision

and applicability.

See sections 28, 29 and 30 of Act 6 of 1990 in the appendix

to this title for special provisions relating to promulgation

of regulations, insurance policy requirements in cities of first

class and single carrier vehicle insurance program in cities

of first class.

Cross References. Chapter 17 is referred to in sections

1302, 1516, 1614, 4921, 8508 of this title; section 6155 of

Title 42 (Judiciary and Judicial Procedure); section 57A07 of

Title 53 (Municipalities Generally); section 2603.1 of Title

66 (Public Utilities).

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

1701. Short title of chapter.

1702. Definitions.

1703. Application of chapter.

1704. Administration of chapter.

1705. Election of tort options.

§ 1701. Short title of chapter.

This chapter shall be known and may be cited as the Motor

Vehicle Financial Responsibility Law.

§ 1702. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

"Assigned Risk Plan." A program for the equitable

apportionment of assigned risks and clean risks among insurers.

"Automobile Insurance Policy Act." The act of June 5, 1968

(P.L.140, No.78), entitled "An act regulating the writing,

cancellation of or refusal to renew policies of automobile

insurance; and imposing powers and duties on the Insurance

Commissioner therefor."

"Benefits" or "first party benefits." Medical benefits,

income loss benefits, accidental death benefits and funeral

benefits.

"Clean risk." An insured or an applicant for insurance who,

for the 36-month period immediately preceding the date of

application or renewal date of the policy:

(1) has not been involved in an accident as a driver,

provided that, for purposes of this paragraph, an "accident"

shall not include accidents described in section 3 of the

Automobile Insurance Policy Act or section 1799.3 (relating

to limit on cancellations, refusals to renew, refusals to

write, surcharges, rate penalties and point assignments);

(2) has not received more than three points for

violations as set forth in Chapter 15 (relating to licensing

of drivers); and

(3) whose operator's license has not been suspended or

revoked except under section 1533 (relating to suspension

of operating privilege for failure to respond to citation)

and the insured is able to produce proof that he or she has

responded to all citations and paid all fines and penalties

imposed under that section and provided further that the

named insured has been a licensed operator in Pennsylvania

or another state for the immediately preceding three years.

"Commissioner." The Insurance Commissioner of the

Commonwealth.

"Department." The Department of Transportation or Insurance

Department, as applicable.

"Financial responsibility." The ability to respond in

damages for liability on account of accidents arising out of

the maintenance or use of a motor vehicle in the amount of

$15,000 because of injury to one person in any one accident,

in the amount of $30,000 because of injury to two or more

persons in any one accident and in the amount of $5,000 because

of damage to property of others in any one accident. The

financial responsibility shall be in a form acceptable to the

Department of Transportation.

"Injury." Accidentally sustained bodily harm to an

individual and that individual's illness, disease or death

resulting therefrom.

"Insured." Any of the following:

(1) An individual identified by name as an insured in

a policy of motor vehicle liability insurance.

(2) If residing in the household of the named insured:

(i) a spouse or other relative of the named insured;

(ii) a minor in the custody of either the named

insured or relative of the named insured.

"Insurer" or "insurance company." A motor vehicle liability

insurer subject to the requirements of this chapter.

"Necessary medical treatment and rehabilitative services."

Treatment, accommodations, products or services which are

determined to be necessary by a licensed health care provider

unless they shall have been found or determined to be

unnecessary by a State-approved Peer Review Organization (PRO).

"Noneconomic loss." Pain and suffering and other nonmonetary

detriment.

"Peer Review Organization" or "PRO." Any Peer Review

Organization with which the Federal Health Care Financing

Administration or the Commonwealth contracts for medical review

of Medicare or medical assistance services, or any health care

review company, approved by the commissioner, that engages in

peer review for the purpose of determining that medical and

rehabilitation services are medically necessary and economically

provided. The membership of any PRO utilized in connection with

this chapter shall include representation from the profession

whose services are subject to the review.

"Private passenger motor vehicle." A four-wheel motor

vehicle, except recreational vehicles not intended for highway

use, which is insured by a natural person and:

(1) is a passenger car neither used as a public or

livery conveyance nor rented to others; or

(2) has a gross weight not exceeding 9,000 pounds and

is not principally used for commercial purposes other than

farming.

The term does not include any motor vehicle insured exclusively

under a policy covering garage, automobile sales agency repair

shop, service station or public parking place operation hazards.

"Self-insurer." An entity providing benefits and qualified

in the manner set forth in section 1787 (relating to

self-insurance).

"Serious injury." A personal injury resulting in death,

serious impairment of body function or permanent serious

disfigurement.

"Underinsured motor vehicle." A motor vehicle for which the

limits of available liability insurance and self-insurance are

insufficient to pay losses and damages.

"Uninsured motor vehicle." Any of the following:

(1) A motor vehicle for which there is no liability

insurance or self-insurance applicable at the time of the

accident.

(2) A motor vehicle for which the insurance company

denies coverage or the insurance company is or becomes

involved in insolvency proceedings in any jurisdiction.

(3) An unidentified motor vehicle that causes an

accident resulting in injury provided the accident is

reported to the police or proper governmental authority and

the claimant notifies his insurer within 30 days, or as soon

as practicable thereafter, that the claimant or his legal

representative has a legal action arising out of the

accident.

"Voluntary rate." An insurer's rating plan approved by the

commissioner. In the case of an insurer with multiple rating

plans, the voluntary rate shall be that rating plan applicable

to the risk.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Feb. 7, 1990,

P.L.11, No.6, eff. imd.)

1990 Amendment. Act 6 added the defs. of "Assigned Risk

Plan," "Automobile Insurance Policy Act," "clean risk,"

"commissioner," "necessary medical treatment and rehabilitative

services," "noneconomic loss," "Peer Review Organization" or

"PRO," "private passenger motor vehicle," "serious injury" and

"voluntary rate."

References in Text. The act of June 5, 1968 (P.L.140,

No.78), referred to as the Automobile Insurance Policy Act,

referred to in the defs. of "Automobile Insurance Policy Act"

and "clean risk," was repealed by the act of June 17, 1998,

P.L.464, No.68. The subject matter is now contained in Article

XX of the act of May 17, 1921 (P.L.682, No.284), known as The

Insurance Company Law of 1921.

Cross References. Section 1702 is referred to in sections

1119, 1161, 1798.3 of this title.

§ 1703. Application of chapter.

This chapter does not apply with respect to any motor vehicle

owned by the United States.

§ 1704. Administration of chapter.

(a) General rule.--Except as provided in subsection (b),

the Department of Transportation shall administer and enforce

this chapter and may make rules and regulations necessary for

the administration and enforcement of this chapter.

(b) Insurance matters.--The Insurance Department shall

administer and enforce those provisions of this chapter as to

matters under its jurisdiction as determined by this chapter

or other statute and may make rules and regulations necessary

for the administration and enforcement of those provisions.

§ 1705. Election of tort options.

(a) Financial responsibility requirements.--

(1) Each insurer, not less than 45 days prior to the

first renewal of a private passenger motor vehicle liability

insurance policy on and after July 1, 1990, shall notify in

writing each named insured of the availability of two

alternatives of full tort insurance and limited tort

insurance described in subsections (c) and (d). The notice

shall be a standardized form adopted by the commissioner and

shall include the following language:

NOTICE TO NAMED INSUREDS

A. "Limited Tort" Option--The laws of the Commonwealth

of Pennsylvania give you the right to choose a form of

insurance that limits your right and the right of members

of your household to seek financial compensation for

injuries caused by other drivers. Under this form of

insurance, you and other household members covered under

this policy may seek recovery for all medical and other

out-of-pocket expenses, but not for pain and suffering

or other nonmonetary damages unless the injuries suffered

fall within the definition of "serious injury" as set

forth in the policy or unless one of several other

exceptions noted in the policy applies. The annual

premium for basic coverage as required by law under this

"limited tort" option is $ .

Additional coverages under this option are available at

additional cost.

B. "Full Tort" Option--The laws of the Commonwealth of

Pennsylvania also give you the right to choose a form

of insurance under which you maintain an unrestricted

right for you and the members of your household to seek

financial compensation for injuries caused by other

drivers. Under this form of insurance, you and other

household members covered under this policy may seek

recovery for all medical and other out-of-pocket expenses

and may also seek financial compensation for pain and

suffering and other nonmonetary damages as a result of

injuries caused by other drivers. The annual premium for

basic coverage as required by law under this "full tort"

option is $ .

Additional coverages under this option are available at

additional cost.

C. You may contact your insurance agent, broker or

company to discuss the cost of other coverages.

D. If you wish to choose the "limited tort" option

described in paragraph A, you must sign this notice where

indicated below and return it. If you do not sign and

return this notice, you will be considered to have chosen

the "full tort" coverage as described in paragraph B and

you will be charged the "full tort" premium.

I wish to choose the "limited tort" option described in

paragraph A:

...............................................

DateNamed Insured

E. If you wish to choose the "full tort" option

described in paragraph B, you may sign this notice where

indicated below and return it. However, if you do not

sign and return this notice, you will be considered to

have chosen the "full tort" coverage as described in

paragraph B and you will be charged the "full tort"

premium.

I wish to choose the "full tort" option described in

paragraph B:

...............................................

DateNamed Insured

(2) Insurers shall print the above notice containing

both options on one sheet in prominent type and place in a

prominent location. Any person signing, or otherwise bound

by, a document containing such terms is bound by such

election and is precluded from claiming liability of any

person based upon being inadequately informed in making the

election between full tort or limited tort alternatives.

Where there are two or more named insureds on a policy, any

named insured may make the full or limited tort election

provided for in this section for all named insureds on the

policy.

(3) If a named insured who receives a notice under

paragraph (1) does not indicate a choice within 20 days, the

insurer shall send a second notice. The second notice shall

be in a form identical to the first notice, except that it

shall be identified as a second and final notice. If a named

insured has not responded to either notice ten days prior

to the renewal date, the named insured and those he is

empowered by this section to bind by his choice are

conclusively presumed to have chosen the full tort

alternative. All notices required by this section shall

advise that if no tort election is made, the named insured

and those he is empowered to bind by his choice are

conclusively presumed to have chosen the full tort

alternative. Any person subject to the limited tort option

by virtue of this section shall be precluded from claiming

liability of any person based upon being inadequately

informed.

(4) Each insurer, prior to the first issuance of a

private passenger motor vehicle liability insurance policy

on and after July 1, 1990, shall provide each applicant with

the notice required by paragraph (1). A policy may not be

issued until the applicant has been provided an opportunity

to elect a tort option.

(5) An owner of a currently registered private passenger

motor vehicle who does not have financial responsibility

shall be deemed to have chosen the limited tort alternative.

(6) Nothing in this section changes or modifies the

existing requirement that owners of registered vehicles

maintain bodily injury and property damage liability

insurance arising out of the ownership, maintenance or use

of a motor vehicle.

(b) Application of tort options.--

(1) The tort option elected by a named insured shall

apply to all private passenger motor vehicle policies of the

named insured issued by the same insurer and shall continue

in force as to all subsequent renewal policies, replacement

policies and any other private passenger motor vehicle

policies under which the individual is a named insured until

the insurer, or its authorized representative, receives a

properly executed form electing the other tort option.

(2) The tort option elected by a named insured shall

apply to all insureds under the private passenger motor

vehicle policy who are not named insureds under another

private passenger motor vehicle policy. In the case where

more than one private passenger motor vehicle policy is

applicable to an insured and the policies have conflicting

tort options, the insured is bound by the tort option of the

policy associated with the private passenger motor vehicle

in which the insured is an occupant at the time of the

accident if he is an insured on that policy and bound by the

full tort option otherwise.

(3) An individual who is not an owner of a currently

registered private passenger motor vehicle and who is not a

named insured or insured under any private passenger motor

vehicle policy shall not be precluded from maintaining an

action for noneconomic loss or economic loss sustained in a

motor vehicle accident as the consequence of the fault of

another person pursuant to applicable tort law.

full tort election remains eligible to seek compensation for

noneconomic loss claimed and economic loss sustained in a motor

vehicle accident as the consequence of the fault of another

person pursuant to applicable tort law.

(d) Limited tort alternative.--Each person who elects the

limited tort alternative remains eligible to seek compensation

for economic loss sustained in a motor vehicle accident as the

consequence of the fault of another person pursuant to

applicable tort law. Unless the injury sustained is a serious

injury, each person who is bound by the limited tort election

shall be precluded from maintaining an action for any

noneconomic loss, except that:

(1) An individual otherwise bound by the limited tort

election who sustains damages in a motor vehicle accident

as the consequence of the fault of another person may recover

damages as if the individual damaged had elected the full

tort alternative whenever the person at fault:

(i) is convicted or accepts Accelerated

Rehabilitative Disposition (ARD) for driving under the

influence of alcohol or a controlled substance in that

accident;

(ii) is operating a motor vehicle registered in

another state;

(iii) intends to injure himself or another person,

provided that an individual does not intentionally injure

himself or another person merely because his act or

failure to act is intentional or done with his

realization that it creates a grave risk of causing

injury or the act or omission causing the injury is for

the purpose of averting bodily harm to himself or another

person; or

(iv) has not maintained financial responsibility

as required by this chapter, provided that nothing in

this paragraph shall affect the limitation of section

1731(d)(2) (relating to availability, scope and amount

of coverage).

(2) An individual otherwise bound by the limited tort

election shall retain full tort rights with respect to claims

against a person in the business of designing, manufacturing,

repairing, servicing or otherwise maintaining motor vehicles

arising out of a defect in such motor vehicle which is caused

by or not corrected by an act or omission in the course of

such business, other than a defect in a motor vehicle which

is operated by such business.

(3) An individual otherwise bound by the limited tort

election shall retain full tort rights if injured while an

occupant of a motor vehicle other than a private passenger

motor vehicle.

(e) Nondiscrimination.--No insurer shall cancel, refuse to

write or refuse to renew a motor vehicle insurance policy based

on the tort option election of the named insured. Any violation

of this subsection shall be deemed a violation of the Automobile

Insurance Policy Act.

(f) Definitions.--As used in this section, the following

words and phrases when used in this section shall have the

meanings given to them in this subsection unless the context

clearly indicates otherwise:

"Insured." Any individual residing in the household of the

named insured who is:

(1) a spouse or other relative of the named insured;

(2) a minor in the custody of either the named insured

or relative of the named insured.

"Named insured." Any individual identified by name as an

insured in a policy of private passenger motor vehicle

insurance.

(Feb. 7, 1990, P.L.11, No.6, eff. imd.)

1990 Amendment. Act 6 added section 1705.

References in Text. The act of June 5, 1968 (P.L.140,

No.78), referred to as the Automobile Insurance Policy Act,

referred to in subsec. (e), was repealed by the act of June 17,

1998, P.L.464, No.68. The subject matter is now contained in

Article XX of the act of May 17, 1921 (P.L.682, No.284), known

as The Insurance Company Law of 1921.

Cross References. Section 1705 is referred to in sections

1731, 1791.1, 1799.7 of this title.

SUBCHAPTER B

MOTOR VEHICLE LIABILITY INSURANCE

FIRST PARTY BENEFITS

Sec.

1711. Required benefits.

1712. Availability of benefits.

1713. Source of benefits.

1714. Ineligible claimants.

1715. Availability of adequate limits.

1716. Payment of benefits.

1717. Stacking of benefits.

1718. Exclusion from benefits.

1719. Coordination of benefits.

1720. Subrogation.

1721. Statute of limitations.

1722. Preclusion of recovering required benefits.

1723. Reporting requirements.

1724. Certain nonexcludable conditions.

1725. Rental vehicles.

Cross References. Subchapter B is referred to in sections

1302, 1787, 1797, 1798, 4921 of this title.

§ 1711. Required benefits.

(a) Medical benefit.--An insurer issuing or delivering

liability insurance policies covering any motor vehicle of the

type required to be registered under this title, except

recreational vehicles not intended for highway use, motorcycles,

motor-driven cycles or motorized pedalcycles or like type

vehicles, registered and operated in this Commonwealth, shall

include coverage providing a medical benefit in the amount of

$5,000.

(b) Minimum policy.--All insurers subject to this chapter

shall make available for purchase a motor vehicle insurance

policy which contains only the minimum requirements of financial

responsibility and medical benefits as provided for in this

chapter.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Apr. 26, 1989,

P.L.13, No.4, eff. June 1, 1989; Feb. 7, 1990, P.L.11, No.6,

eff. July 1, 1990)

Cross References. Section 1711 is referred to in sections

1718, 1719, 1720, 1721, 1723, 1752, 1787, 1798.1 of this title;

section 57A07 of Title 53 (Municipalities Generally); section

2603.1 of Title 66 (Public Utilities).

§ 1712. Availability of benefits.

An insurer issuing or delivering liability insurance policies

covering any motor vehicle of the type required to be registered

under this title, except recreational vehicles not intended for

highway use, motorcycles, motor-driven cycles or motorized

pedalcycles or like type vehicles, registered and operated in

this Commonwealth, shall make available for purchase first party

benefits with respect to injury arising out of the maintenance

or use of a motor vehicle as follows:

(1) Medical benefit.--Subject to the limitations of

section 1797 (relating to customary charges for treatment),

coverage to provide for reasonable and necessary medical

treatment and rehabilitative services, including, but not

limited to, hospital, dental, surgical, psychiatric,

psychological, osteopathic, ambulance, chiropractic, licensed

physical therapy, nursing services, vocational rehabilitation

and occupational therapy, speech pathology and audiology,

optometric services, medications, medical supplies and

prosthetic devices, all without limitation as to time,

provided that, within 18 months from the date of the accident

causing injury, it is ascertainable with reasonable medical

probability that further expenses may be incurred as a result

of the injury. Benefits under this paragraph may include any

nonmedical remedial care and treatment rendered in accordance

with a recognized religious method of healing.

(2) Income loss benefit.--Includes the following:

(i) Eighty percent of actual loss of gross income.

(ii) Reasonable expenses actually incurred for

hiring a substitute to perform self-employment services

thereby mitigating loss of gross income or for hiring

special help thereby enabling a person to work and

mitigate loss of gross income.

Income loss does not include loss of expected income for any

period following the death of an individual or expenses

incurred for services performed following the death of an

individual. Income loss shall not commence until five working

days have been lost after the date of the accident.

(3) Accidental death benefit.--A death benefit paid to

the personal representative of the insured, should injury

resulting from a motor vehicle accident cause death within

24 months from the date of the accident.

(4) Funeral benefit.--Expenses directly related to the

funeral, burial, cremation or other form of disposition of

the remains of a deceased individual, incurred as a result

of the death of the individual as a result of the accident

and within 24 months from the date of the accident.

(5) Combination benefit.--A combination of benefits

described in paragraphs (1) through (4) as an alternative

to the separate purchase of those benefits.

(6) Extraordinary medical benefits.--Medical benefits,

as defined in paragraph (1), which exceed $100,000.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Feb. 7, 1990,

P.L.11, No.6, eff. July 1, 1990; Oct. 4, 2002, P.L.845, No.123,

eff. 60 days; Dec. 23, 2002, P.L.1982, No.229, eff. Dec. 3,

2002)

2002 Amendments. Act 123 amended par. (1) and Act 229

amended par. (1).

Cross References. Section 1712 is referred to in sections

1715, 1718, 1719, 1720, 1721, 1752, 1753, 1787 of this title.

§ 1713. Source of benefits.

(a) General rule.--Except as provided in section 1714

(relating to ineligible claimants), a person who suffers injury

arising out of the maintenance or use of a motor vehicle shall

recover first party benefits against applicable insurance

coverage in the following order of priority:

(1) For a named insured, the policy on which he is the

named insured.

(2) For an insured, the policy covering the insured.

(3) For the occupants of an insured motor vehicle, the

policy on that motor vehicle.

(4) For a person who is not the occupant of a motor

vehicle, the policy on any motor vehicle involved in the

accident. For the purpose of this paragraph, a parked and

unoccupied motor vehicle is not a motor vehicle involved in

an accident unless it was parked so as to cause unreasonable

risk of injury.

(b) Multiple sources of equal priority.--The insurer against

whom a claim is asserted first under the priorities set forth

in subsection (a) shall process and pay the claim as if wholly

responsible. The insurer is thereafter entitled to recover

contribution pro rata from any other insurer for the benefits

paid and the costs of processing the claim. If contribution is

sought among insurers responsible under subsection (a)(4),

proration shall be based on the number of involved motor

vehicles.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

§ 1714. Ineligible claimants.

An owner of a currently registered motor vehicle who does

not have financial responsibility or an operator or occupant

of a recreational vehicle not intended for highway use,

motorcycle, motor-driven cycle, motorized pedalcycle or like

type vehicle required to be registered under this title cannot

recover first party benefits.

Cross References. Section 1714 is referred to in section

1713 of this title.

§ 1715. Availability of adequate limits.

(a) General rule.--An insurer shall make available for

purchase first party benefits as follows:

(1) For medical benefits, up to at least $100,000.

(1.1) For extraordinary medical benefits, from $100,000

to $1,100,000, which may be offered in increments of

$100,000, as limited by subsection (d).

(2) For income loss benefits, up to at least $2,500 per

month up to a maximum benefit of at least $50,000.

(3) For accidental death benefits, up to at least

$25,000.

(4) For funeral benefits, $2,500.

(5) For combination of benefits enumerated in paragraphs

(1), (2), (3) and (4) and subject to a limit on the

accidental death benefit of up to $25,000 and a limit on the

funeral benefit of $2,500, up to at least $177,500 of

benefits in the aggregate or benefits payable up to three

years from the date of the accident, whichever occurs first,

provided that nothing contained in this subsection shall be

construed to limit, reduce, modify or change the provisions

of subsection (d).

(b) Higher or lower limits and additional

benefits.--Insurers may make available higher or lower limits

or benefits in addition to those enumerated in subsection (a).

insurer shall not issue or deliver a policy providing first

party benefits in accordance with this subchapter unless the

policy also contains coverage for liability in amounts at least

equal to the limits required for financial responsibility.

(d) Limitations.--The maximum medical benefit which shall

be paid on behalf of any one eligible claimant under subsection

(a)(1.1) shall be $50,000 per year and $1,000,000 lifetime

aggregate of reasonable and necessary expenses only for medical

treatment and rehabilitative services which, as described in

section 1712(1) (relating to availability of benefits), exceed

$100,000. During the first 18 months of eligibility, the insurer

shall approve payments on behalf of a claimant without regard

to the $50,000 per year limit but subject to the $1,000,000

lifetime aggregate.

(e) Other extraordinary medical benefits.--Notwithstanding

the requirement of subsection (a)(1.1), an insured may obtain

the extraordinary medical benefits described in that subsection

through any insurance contract, program or group arrangement.

(f) Determining adverse experience of an agent.--For

purposes of determining adverse experience of an agent,

experience generated from extraordinary medical benefit coverage

described in subsection (a)(1.1) shall be excluded.

(g) Voluntary pooling.--Notwithstanding any other provisions

of this act or the act of June 11, 1947 (P.L.538, No.246), known

as The Casualty and Surety Rate Regulatory Act, two or more

insurers may enter into an arrangement or agreement to provide

for the availability of an extraordinary medical benefit

pursuant to the provisions of this chapter. All such

arrangements or agreements entered into by an insurer shall be

subject to the prior approval of the Insurance Commissioner.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Apr. 26, 1989,

P.L.13, No.4, eff. June 1, 1989; Feb. 7, 1990, P.L.11, No.6,

eff. July 1, 1990)

1990 Amendment. Act 6 amended subsec. (a).

Cross References. Section 1715 is referred to in sections

1719, 1720, 1723, 1787, 1791, 1798.1, 1798.3 of this title.

§ 1716. Payment of benefits.

Benefits are overdue if not paid within 30 days after the

insurer receives reasonable proof of the amount of the benefits.

If reasonable proof is not supplied as to all benefits, the

portion supported by reasonable proof is overdue if not paid

within 30 days after the proof is received by the insurer.

Overdue benefits shall bear interest at the rate of 12% per

annum from the date the benefits become due. In the event the

insurer is found to have acted in an unreasonable manner in

refusing to pay the benefits when due, the insurer shall pay,

in addition to the benefits owed and the interest thereon, a

reasonable attorney fee based upon actual time expended.

§ 1717. Stacking of benefits.

First party benefits shall not be increased by stacking the

limits of coverage of:

(1) multiple motor vehicles covered under the same

policy of insurance; or

(2) multiple motor vehicle policies covering the

individual for the same loss.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

§ 1718. Exclusion from benefits.

(a) General rule.--An insurer shall exclude from benefits

any insured, or his personal representative, under a policy

enumerated in section 1711 (relating to required benefits) or

1712 (relating to availability of benefits), when the conduct

of the insured contributed to the injury sustained by the

insured in any of the following ways:

(1) While intentionally injuring himself or another or

attempting to intentionally injure himself or another.

(2) While committing a felony.

(3) While seeking to elude lawful apprehension or arrest

by a law enforcement official.

(b) Conversion of vehicle.--A person who knowingly converts

a motor vehicle is ineligible to receive first party benefits

from any source other than a policy of insurance under which

he is an insured for any injury arising out of the maintenance

or use of the converted vehicle.

insured may exclude any person or his personal representative

from benefits under a policy enumerated in section 1711 or 1712

when any of the following apply:

(1) The person is excluded from coverage while operating

a motor vehicle in accordance with the act of June 5, 1968

(P.L.140, No.78), relating to the writing, cancellation of

or refusal to renew policies of automobile insurance.

(2) The first named insured has requested that the

person be excluded from coverage while operating a motor

vehicle. This paragraph shall only apply if the excluded

person is insured on another policy of motor vehicle

liability insurance.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Feb. 7, 1990,

P.L.11, No.6, eff. July 1, 1990)

1990 Amendment. Act 6 amended subsec. (c).

References in Text. The act of June 5, 1968 (P.L.140,

No.78), referred to as the Automobile Insurance Policy Act,

referred to in subsec. (c)(1), was repealed by the act of June

17, 1998, P.L.464, No.68. The subject matter is now contained

in Article XX of the act of May 17, 1921 (P.L.682, No.284),

known as The Insurance Company Law of 1921.

§ 1719. Coordination of benefits.

(a) General rule.--Except for workers' compensation, a

policy of insurance issued or delivered pursuant to this

subchapter shall be primary. Any program, group contract or

other arrangement for payment of benefits such as described in

section 1711 (relating to required benefits), 1712(1) and (2)

(relating to availability of benefits) or 1715 (relating to

availability of adequate limits) shall be construed to contain

a provision that all benefits provided therein shall be in

excess of and not in duplication of any valid and collectible

first party benefits provided in section 1711, 1712 or 1715 or

workers' compensation.

(b) Definition.--As used in this section the term "program,

group contract or other arrangement" includes, but is not

limited to, benefits payable by a hospital plan corporation or

a professional health service corporation subject to 40 Pa.C.S.

Ch. 61 (relating to hospital plan corporations) or 63 (relating

to professional health services plan corporations).

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

Cross References. Section 1719 is referred to in sections

1720, 1722 of this title.

§ 1720. Subrogation.

In actions arising out of the maintenance or use of a motor

vehicle, there shall be no right of subrogation or reimbursement

from a claimant's tort recovery with respect to workers'

compensation benefits, benefits available under section 1711

(relating to required benefits), 1712 (relating to availability

of benefits) or 1715 (relating to availability of adequate

limits) or benefits paid or payable by a program, group contract

or other arrangement whether primary or excess under section

1719 (relating to coordination of benefits).

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Feb. 7, 1990,

P.L.11, No.6, eff. July 1, 1990)

1993 Partial Repeal. Section 25(b) of Act 44 provided that

section 1720 is repealed insofar as it relates to workers'

compensation payments or other benefits payable under the

Workers' Compensation Act.

§ 1721. Statute of limitations.

(a) General rule.--If benefits have not been paid, an action

for first party benefits shall be commenced within four years

from the date of the accident giving rise to the claim. If first

party benefits have been paid, an action for further benefits

shall be commenced within four years from the date of the last

payment.

(b) Minors.--For minors entitled to benefits described in

section 1711 (relating to required benefits) or 1712 (relating

to availability of benefits), an action for benefits shall be

commenced within four years from the date on which the injured

minor attains 18 years of age.

benefits" means expenses incurred not earlier than four years

preceding the date an action is commenced.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

§ 1722. Preclusion of recovering required benefits.

In any action for damages against a tortfeasor, or in any

uninsured or underinsured motorist proceeding, arising out of

the maintenance or use of a motor vehicle, a person who is

eligible to receive benefits under the coverages set forth in

this subchapter, or workers' compensation, or any program, group

contract or other arrangement for payment of benefits as defined

in section 1719 (relating to coordination of benefits) shall

be precluded from recovering the amount of benefits paid or

payable under this subchapter, or workers' compensation, or any

program, group contract or other arrangement for payment of

benefits as defined in section 1719.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Apr. 26, 1989,

P.L.13, No.4, eff. imd.; Feb. 7, 1990, P.L.11, No.6, eff. July

1, 1990)

1993 Partial Repeal. Section 25(b) of Act 44 provided that

section 1722 is repealed insofar as it relates to workers'

compensation payments or other benefits payable under the

Workers' Compensation Act.

§ 1723. Reporting requirements.

Beginning December 31, 1986, and each year thereafter, each

insurance company writing automobile insurance in this

Commonwealth shall file with the Insurance Department the number

of its insureds, the number of its insureds who have purchased

first party medical benefits in excess of the minimum required

by section 1711 (relating to required benefits) and the number

of insureds who have purchased first party medical benefits

under section 1715(a)(1) and (1.1) (relating to availability

of adequate limits). The Insurance Department shall furnish

this information to the General Assembly annually.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Apr. 26, 1989,

P.L.13, No.4, eff. imd.)

§ 1724. Certain nonexcludable conditions.

(a) General rule.--Insurance benefits may not be denied

solely because the driver of the insured motor vehicle is

determined to be under the influence of drugs or intoxicating

beverages at the time of the accident for which benefits are

sought.

(b) Contract exclusions.--Provisions of an insurance policy

which exclude insurance benefits if the insured causes a

vehicular accident while under the influence of drugs or

intoxicating beverages at the time of the accident are void.

(Mar. 27, 1986, P.L.71, No.24, eff. July 1, 1986)

1986 Amendment. Act 24 added section 1724.

§ 1725. Rental vehicles.

Every motor vehicle insurance policy shall contain a notice

as to whether the policy covers collision damage to rental

vehicles, and any limitations on such coverage. The notice shall

be written in clear, plain language and shall be printed on the

first page of the policy in boldface capital letters.

(June 30, 1990, P.L.266, No.63, eff. 90 days)

1990 Amendment. Act 63 added section 1725.

SUBCHAPTER C

UNINSURED AND UNDERINSURED MOTORIST COVERAGE

Sec.

1731. Availability, scope and amount of coverage.

1732. Limits of coverage (Repealed).

1733. Priority of recovery.

1734. Request for lower limits of coverage.

1735. Coverages unaffected by workers' compensation benefits

(Repealed).

1736. Coverages in excess of required amounts.

1737. Workers' compensation benefits not a bar to uninsured

and underinsured motorist benefits (Repealed).

1738. Stacking of uninsured and underinsured benefits and

option to waive.

§ 1731. Availability, scope and amount of coverage.

(a) Mandatory offering.--No motor vehicle liability

insurance policy shall be delivered or issued for delivery in

this Commonwealth, with respect to any motor vehicle registered

or principally garaged in this Commonwealth, unless uninsured

motorist and underinsured motorist coverages are offered therein

or supplemental thereto in amounts as provided in section 1734

(relating to request for lower limits of coverage). Purchase

of uninsured motorist and underinsured motorist coverages is

optional.

(b) Uninsured motorist coverage.--Uninsured motorist

coverage shall provide protection for persons who suffer injury

arising out of the maintenance or use of a motor vehicle and

are legally entitled to recover damages therefor from owners

or operators of uninsured motor vehicles. The named insured

shall be informed that he may reject uninsured motorist coverage

by signing the following written rejection form:

REJECTION OF UNINSURED MOTORIST PROTECTION

By signing this waiver I am rejecting uninsured motorist

coverage under this policy, for myself and all relatives

residing in my household. Uninsured coverage protects me and

relatives living in my household for losses and damages

suffered if injury is caused by the negligence of a driver

who does not have any insurance to pay for losses and

damages. I knowingly and voluntarily reject this coverage.

.....................................

Signature of First Named Insured

.....................................

Date

(b.1) Limitation of rejection.--Uninsured motorist

protection may be rejected for the driver and passengers for

rental or lease vehicles which are not otherwise common carriers

by motor vehicle, but such coverage may only be rejected if the

rental or lease agreement is signed by the person renting or

leasing the vehicle and contains the following rejection

language:

Rejection of Uninsured Motorist Protection

I am rejecting uninsured motorist coverage under this

rental or lease agreement, and any policy of insurance

or self-insurance issued under this agreement, for myself

and all other passengers of this vehicle. Uninsured

coverage protects me and other passengers in this vehicle

for losses and damages suffered if injury is caused by

the negligence of a driver who does not have any

insurance to pay for losses and damages.

(b.2) Rejection language change.--The rejection language

of subsection (b.1) may only be changed grammatically to reflect

a difference in tense in the rental agreement or lease

agreement.

(b.3) Vehicle rental services.--The requirements of

subsection (b.1) may be met in connection with an expedited

vehicle rental service, which service by agreement of the renter

does not require the renter's signature for each rental, if a

master enrollment or rental agreement contains the rejection

language of subsection (b.1) and such agreement is signed by

the renter.

coverage shall provide protection for persons who suffer injury

arising out of the maintenance or use of a motor vehicle and

are legally entitled to recover damages therefor from owners

or operators of underinsured motor vehicles. The named insured

shall be informed that he may reject underinsured motorist

coverage by signing the following written rejection form:

REJECTION OF UNDERINSURED MOTORIST PROTECTION

By signing this waiver I am rejecting underinsured

motorist coverage under this policy, for myself and all

relatives residing in my household. Underinsured coverage

protects me and relatives living in my household for losses

and damages suffered if injury is caused by the negligence

of a driver who does not have enough insurance to pay for

all losses and damages. I knowingly and voluntarily reject

this coverage.

.....................................

Signature of First Named Insured

.....................................

Date

(c.1) Form of waiver.--Insurers shall print the rejection

forms required by subsections (b) and (c) on separate sheets

in prominent type and location. The forms must be signed by the

first named insured and dated to be valid. The signatures on

the forms may be witnessed by an insurance agent or broker. Any

rejection form that does not specifically comply with this

section is void. If the insurer fails to produce a valid

rejection form, uninsured or underinsured coverage, or both,

as the case may be, under that policy shall be equal to the

bodily injury liability limits. On policies in which either

uninsured or underinsured coverage has been rejected, the policy

renewals must contain notice in prominent type that the policy

does not provide protection against damages caused by uninsured

or underinsured motorists. Any person who executes a waiver

under subsection (b) or (c) shall be precluded from claiming

liability of any person based upon inadequate information.

(d) Limitation on recovery.--

(1) A person who recovers damages under uninsured

motorist coverage or coverages cannot recover damages under

underinsured motorist coverage or coverages for the same

accident.

(2) A person precluded from maintaining an action for

noneconomic damages under section 1705 (relating to election

of tort options) may not recover from uninsured motorist

coverage or underinsured motorist coverage for noneconomic

damages.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Feb. 7, 1990,

P.L.11, No.6, eff. July 1, 1990; Dec. 28, 1994, P.L.1441,

No.170, eff. 60 days; Dec. 28, 1994, P.L.1450, No.172, eff. 60

days; July 6, 1995, P.L.246, No.30, eff. 60 days)

1995 Amendment. Act 30 amended subsec. (b.1) and added

subsecs. (b.2) and (b.3), retroactive to December 28, 1994, as

to subsec. (b.1).

Cross References. Section 1731 is referred to in sections

1705, 1734 of this title.

§ 1732. Limits of coverage (Repealed).

1990 Repeal. Section 1732 was repealed February 7, 1990,

P.L.11, No.6, effective July 1, 1990.

§ 1733. Priority of recovery.

(a) General rule.--Where multiple policies apply, payment

shall be made in the following order of priority:

(1) A policy covering a motor vehicle occupied by the

injured person at the time of the accident.

(2) A policy covering a motor vehicle not involved in

the accident with respect to which the injured person is an

insured.

(b) Multiple sources of equal priority.--The insurer against

whom a claim is asserted first under the priorities set forth

in subsection (a) shall process and pay the claim as if wholly

responsible. The insurer is thereafter entitled to recover

contribution pro rata from any other insurer for the benefits

paid and the costs of processing the claim.

(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)

§ 1734. Request for lower limits of coverage.

A named insured may request in writing the issuance of

coverages under section 1731 (relating to availability, scope

and amount of coverage) in amounts equal to or less than the

limits of liability for bodily injury.

(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)

Cross References. Section 1734 is referred to in section

1731 of this title.

§ 1735. Coverages unaffected by workers' compensation benefits

(Repealed).

1993 Repeal. Section 1735 was repealed July 2, 1993,

P.L.190, No.44, effective immediately.

§ 1736. Coverages in excess of required amounts.

The coverages provided under this subchapter may be offered

by insurers in amounts higher than those required by this

chapter but may not be greater than the limits of liability

specified in the bodily injury liability provisions of the

insured's policy.

§ 1737. Workers' compensation benefits not a bar to uninsured

and underinsured motorist benefits (Repealed).

1993 Repeal. Section 1737 was repealed July 2, 1993,

P.L.190, No.44, effective immediately.

§ 1738. Stacking of uninsured and underinsured benefits and

option to waive.

(a) Limit for each vehicle.--When more than one vehicle is

insured under one or more policies providing uninsured or

underinsured motorist coverage, the stated limit for uninsured

or underinsured coverage shall apply separately to each vehicle

so insured. The limits of coverages available under this

subchapter for an insured shall be the sum of the limits for

each motor vehicle as to which the injured person is an insured.

(b) Waiver.--Notwithstanding the provisions of subsection

(a), a named insured may waive coverage providing stacking of

uninsured or underinsured coverages in which case the limits

of coverage available under the policy for an insured shall be

the stated limits for the motor vehicle as to which the injured

person is an insured.

uninsured or underinsured motorist coverage for more than one

vehicle under a policy shall be provided the opportunity to

waive the stacked limits of coverage and instead purchase

coverage as described in subsection (b). The premiums for an

insured who exercises such waiver shall be reduced to reflect

the different cost of such coverage.

(d) Forms.--

(1) The named insured shall be informed that he may

exercise the waiver of the stacked limits of uninsured

motorist coverage by signing the following written rejection

form:

UNINSURED COVERAGE LIMITS

By signing this waiver, I am rejecting stacked limits

of uninsured motorist coverage under the policy for

myself and members of my household under which the limits

of coverage available would be the sum of limits for

each motor vehicle insured under the policy. Instead,

the limits of coverage that I am purchasing shall be

reduced to the limits stated in the policy. I knowingly

and voluntarily reject the stacked limits of coverage.

I understand that my premiums will be reduced if I reject

this coverage.

.....................................

Signature of First Named Insured

.....................................

Date

(2) The named insured shall be informed that he may

exercise the waiver of the stacked limits of underinsured

motorist coverage by signing the following written rejection

form:

UNDERINSURED COVERAGE LIMITS

By signing this waiver, I am rejecting stacked limits

of underinsured motorist coverage under the policy for

myself and members of my household under which the limits

of coverage available would be the sum of limits for

each motor vehicle insured under the policy. Instead,

the limits of coverage that I am purchasing shall be

reduced to the limits stated in the policy. I knowingly

and voluntarily reject the stacked limits of coverage.

I understand that my premiums will be reduced if I reject

this coverage.

.....................................

Signature of First Named Insured

.....................................

Date

(e) Signature and date.--The forms described in subsection

(d) must be signed by the first named insured and dated to be

valid. Any rejection form that does not comply with this section

is void.

(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)

1990 Amendment. Act 6 added section 1738.

SUBCHAPTER D

ASSIGNED RISK PLAN

Sec.

1741. Establishment.

1742. Scope of plan.

1743. Rates.

1744. Termination of policies.

Cross References. Subchapter D is referred to in sections

1787, 1792 of this title.

§ 1741. Establishment.

The Insurance Department shall, after consultation with the

insurers licensed to write motor vehicle liability insurance

in this Commonwealth, adopt a reasonable Assigned Risk Plan for

the equitable apportionment among those insurers of applicants

for motor vehicle liability insurance who are entitled to, but

are unable to, procure insurance through ordinary methods. When

the plan has been adopted, all motor vehicle liability insurers

shall subscribe thereto and shall participate in the plan. The

plan may provide reasonable means for the transfer of

individuals insured thereunder into the ordinary market, at the

same or lower rates, pursuant to regulations established by the

department.

§ 1742. Scope of plan.

The Assigned Risk Plan shall:

(1) Include rules for the classification of risks and

rates therefor.

(2) Provide for the installment payment of premiums

subject to customary terms and conditions.

(3) Provide rules for the equitable apportionment among

participating insurers of clean risks who shall be eligible

to receive the insurer's voluntary rate.

(4) Provide rules to specify the effective date and

time of coverage, provided that applicants may only obtain

coverage effective as of the date and time of the application

if the agent or broker of record uses electronic mail binding

procedures specified in the rules.

(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)

§ 1743. Rates.

All rates for the Assigned Risk Plan shall be subject to the

act of June 11, 1947 (P.L.538, No.246), known as The Casualty

and Surety Rate Regulatory Act, and shall not be inadequate,

excessive or unfairly discriminatory.

§ 1744. Termination of policies.

Cancellation, refusal to renew and other termination of

policies issued under the Assigned Risk Plan shall be in

accordance with the rules of the plan.

SUBCHAPTER E

ASSIGNED CLAIMS PLAN

Sec.

1751. Organization.

1752. Eligible claimants.

1753. Benefits available.

1754. Additional coverage.

1755. Coordination of benefits.

1756. Subrogation.

1757. Statute of limitations.

Cross References. Subchapter E is referred to in section

1787 of this title.

§ 1751. Organization.

Insurers providing financial responsibility as required by

law shall organize and maintain, subject to the approval and

regulation of the Insurance Department, an Assigned Claims Plan

and adopt rules for the operation and for the assessment of

costs on a fair and equitable basis.

§ 1752. Eligible claimants.

(a) General rule.--A person is eligible to recover benefits

from the Assigned Claims Plan if the person meets the following

requirements:

(1) Is a resident of this Commonwealth.

(2) Is injured as the result of a motor vehicle accident

occurring in this Commonwealth.

(3) Is not an owner of a motor vehicle required to be

registered under Chapter 13 (relating to registration of

vehicles).

(4) Is not the operator or occupant of a motor vehicle

owned by the Federal Government or any of its agencies,

departments or authorities.

(5) Is not the operator or occupant of a motor vehicle

owned by a self-insurer or by an individual or entity who

or which is immune from liability for, or is not required

to provide, benefits or uninsured and underinsured motorist

coverage.

(6) Is otherwise not entitled to receive any first party

benefits under section 1711 (relating to required benefits)

or 1712 (relating to availability of benefits) applicable

to the injury arising from the accident.

(7) Is not the operator or occupant of a recreational

vehicle not intended for highway use, motorcycle,

motor-driven cycle or motorized pedalcycle or other like

type vehicle required to be registered under this title and

involved in the accident.

(b) Grounds for ineligibility.--A person otherwise

qualifying as an eligible claimant under subsection (a) shall

nevertheless be ineligible to recover benefits from the Assigned

Claims Plan if that person contributed to his own injury in any

of the following ways:

(1) While intentionally injuring himself or another or

attempting to intentionally injure himself or another.

(2) While committing a felony.

(3) While seeking to elude lawful apprehension or arrest

by a law enforcement official.

(4) While knowingly converting a motor vehicle.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

§ 1753. Benefits available.

An eligible claimant may recover medical benefits, as

described in section 1712(1) (relating to availability of

benefits), up to a maximum of $5,000. No income loss benefit

or accidental death benefit shall be payable under this

subchapter.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Feb. 7, 1990,

P.L.11, No.6, eff. July 1, 1990)

Cross References. Section 1753 is referred to in sections

1754, 1755, 1757 of this title.

§ 1754. Additional coverage.

An eligible claimant who has no other source of applicable

uninsured motorist coverage and is otherwise entitled to recover

in an action in tort against a party who has failed to comply

with this chapter may recover for losses or damages suffered

as a result of the injury up to $15,000 subject to an aggregate

limit for all claims arising out of any one motor vehicle

accident of $30,000. If a claimant recovers medical benefits

under section 1753 (relating to benefits available), the amount

of medical benefits recovered or recoverable up to $5,000 shall

be set off against any amounts recoverable in this section.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

Cross References. Section 1754 is referred to in section

1757 of this title.

§ 1755. Coordination of benefits.

(a) Workers' compensation.--All benefits (less reasonably

incurred collection costs) that an eligible claimant receives

or is entitled to receive from workers' compensation and from

any other like source under local, state or Federal law shall

be subtracted from any benefits available in section 1753

(relating to benefits available) unless the law authorizing or

providing for those benefits makes them excess or secondary to

the benefits in accordance with this subchapter.

(b) Accident and health benefits.--All benefits an eligible

claimant receives or is entitled to receive as a result of

injury from any available source of accident and health benefits

shall be subtracted from those benefits available in section

1753.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

§ 1756. Subrogation.

The Assigned Claims Plan or its assignee is entitled to

recover, in accordance with the tort liability law of this

Commonwealth, reimbursement for benefits or coverages paid,

loss adjustment costs and any other sums paid to an eligible

claimant under this subchapter.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

§ 1757. Statute of limitations.

(a) General rule.--An action by an eligible claimant to

recover benefits or coverages from the Assigned Claims Plan

shall be commenced within four years from the date of the

accident.

(b) Minors.--For minors entitled to benefits described in

section 1753 (relating to benefits available) or 1754 (relating

to additional coverage), an action to recover these benefits

or coverages shall be commenced within four years from the date

on which the injured minor attains 18 years of age.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

SUBCHAPTER F

CATASTROPHIC LOSS TRUST FUND

(Repealed)

1988 Repeal. Subchapter F (§§ 1761 - 1769) was added

February 12, 1984, P.L.26, No.11, and repealed December 12,

1988, P.L.1120, No.144, effective immediately.

SUBCHAPTER G

NONPAYMENT OF JUDGMENTS

Sec.

1771. Court reports on nonpayment of judgments.

1772. Suspension for nonpayment of judgments.

1773. Continuation of suspension until judgments paid and proof

given.

1774. Payments sufficient to satisfy judgments.

1775. Installment payment of judgments.

§ 1771. Court reports on nonpayment of judgments.

(a) General rule.--Whenever any person fails within 60 days

to satisfy any judgment arising from a motor vehicle accident,

the judgment creditor may forward to the department a certified

copy of the judgment.

(b) Notice to state of nonresident defendant.--If the

defendant named in any certified copy of a judgment reported

to the department is a nonresident, the department shall

transmit a certified copy of the judgment to the official in

charge of the issuance of licenses and registration certificates

of the state of which the defendant is a resident.

§ 1772. Suspension for nonpayment of judgments.

(a) General rule.--The department, upon receipt of a

certified copy of a judgment, shall suspend the operating

privilege of each person against whom the judgment was rendered

except as otherwise provided in this section and in section

1775 (relating to installment payment of judgments).

(b) Nonsuspension with consent of judgment creditor.--If

the judgment creditor consents in writing, in such form as the

department may prescribe, that the judgment debtor's operating

privilege be retained or restored, the department shall not

suspend or shall restore until the consent is revoked in

writing, notwithstanding default in the payment of the judgment,

or of any installment thereof prescribed in section 1775,

provided the judgment debtor furnishes proof of financial

responsibility.

accident.--Any person whose operating privilege has been

suspended, or is about to be suspended or become subject to

suspension, under this chapter shall be relieved from the effect

of the judgment as prescribed in this chapter if the person

files evidence satisfactory to the department that financial

responsibility was in force and effect at the time of the

accident resulting in the judgment and is or should be available

for the satisfaction of the judgment. If insurance already

obtained is not available because the insurance company has

gone into receivership or bankruptcy, the person shall only be

required to present to or file with the department proper

evidence that an insurance policy was in force and effect at

the time of the accident.

Cross References. Section 1772 is referred to in sections

1553, 1554, 1556, 1783 of this title.

§ 1773. Continuation of suspension until judgments paid and

proof given.

A person's operating privilege shall remain suspended and

shall not be renewed in the name of that person unless and until

every judgment is stayed, satisfied in full or to the extent

provided in this subchapter, and until the person furnishes

proof of financial responsibility as required.

§ 1774. Payments sufficient to satisfy judgments.

(a) General rule.--For the purpose of this chapter only,

judgments shall be deemed satisfied upon the occurrence of one

of the following:

(1) When $15,000 has been credited upon any judgment

or judgments rendered in excess of that amount because of

injury to one person as the result of any one accident.

(2) When $30,000 has been credited upon any judgment

or judgments rendered in excess of that amount because of

injury to two or more persons as the result of any one

accident.

(3) When $5,000 has been credited upon any judgment or

judgments rendered in excess of that amount because of damage

to property of others as the result of any one accident.

(b) Credit for payment under settlement.--Payments made in

settlement of any claims because of bodily injury or property

damage arising from a motor vehicle accident shall be credited

in reduction of the amounts provided for in this section.

creditor cannot be found, the judgment debtor may deposit in

escrow with the prothonotary of the court where the judgment

was entered an amount equal to the amount of the judgment,

subject to the limits set forth in subsection (a), interest to

date and record costs, whereupon the prothonotary shall notify

the department and the judgment shall be deemed satisfied. The

amount deposited shall be retained by the prothonotary for a

period of five years from the date of the deposit, after which,

if it has not been claimed by the judgment creditor, it shall

be returned to the judgment debtor. When the deposit is made,

the prothonotary shall notify the judgment creditor and his

counsel, if any, by certified or registered mail at his last

known address. No interest shall run on any judgment with

respect to the amount deposited with the prothonotary under the

terms of this subsection.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

Cross References. Section 1774 is referred to in sections

1553, 1554, 1556, 1787 of this title.

§ 1775. Installment payment of judgments.

(a) Order authorizing installment payment.--A judgment

debtor, upon due notice to the judgment creditor, may apply to

the court in which the judgment was rendered for the privilege

of paying the judgment in installments and the court, in its

discretion and without prejudice to any other legal remedies

which the judgment creditor may have, may so order and fix the

amounts and times of payment of the installments.

(b) Suspension prohibited during compliance with order.--The

department shall not suspend a driver's operating privilege and

shall restore any operating privilege suspended following

nonpayment of a judgment when the judgment debtor obtains an

order permitting payment of the judgment in installments and

while the payment of any installment is not in default, provided

that the judgment debtor furnishes proof of financial

responsibility.

judgment debtor fails to pay any installment as specified by

the order, then, upon notice of the default, the department

shall suspend the operating privilege of the judgment debtor

until the judgment is satisfied as provided in this chapter.

Cross References. Section 1775 is referred to in sections

1553, 1554, 1556, 1772 of this title.

SUBCHAPTER H

PROOF OF FINANCIAL RESPONSIBILITY

Sec.

1781. Notice of sanction for not evidencing financial

responsibility.

1782. Manner of providing proof of financial responsibility.

1783. Proof of financial responsibility before restoring

operating privilege or registration.

1784. Proof of financial responsibility following violation.

1785. Proof of financial responsibility following accident.

1786. Required financial responsibility.

1787. Self-insurance.

1788. Neighborhood electric vehicles.

Cross References. Subchapter H is referred to in sections

1377, 1550 of this title.

§ 1781. Notice of sanction for not evidencing financial

responsibility.

An applicant for registration of a vehicle shall acknowledge

on a form developed by the Department of Transportation that

the applicant knows he may lose his operating privilege or

vehicle registrations if he fails to maintain financial

responsibility on the currently registered vehicle for the

period of registration.

(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)

§ 1782. Manner of providing proof of financial responsibility.

(a) General rule.--Proof of financial responsibility may

be furnished by filing evidence satisfactory to the department

that all motor vehicles registered in a person's name are

covered by motor vehicle liability insurance or by a program

of self-insurance as provided by section 1787 (relating to

self-insurance) or other reliable financial arrangements,

deposits, resources or commitments acceptable to the department.

(b) Nonresident.--The nonresident owner of a motor vehicle

not registered in this Commonwealth may give proof of financial

responsibility by filing with the department a written

certificate or certificates of an insurance company authorized

to transact business in the state in which the motor vehicle

or motor vehicles described in the certificate are registered

or, if the nonresident does not own a motor vehicle, then

evidence satisfactory to the department that the person does

not own a motor vehicle. The department shall accept the

certificate upon condition that the insurance company complies

with the following provisions with respect to the policies so

certified:

(1) The insurance company shall execute a power of

attorney authorizing the department to accept service on its

behalf or process in any action arising out of a motor

vehicle accident in this Commonwealth.

(2) The insurance company shall agree in writing that

the policies shall be deemed to conform with the laws of

this Commonwealth relating to the terms of motor vehicle

liability policies issued in this Commonwealth.

company not authorized to transact business in this

Commonwealth, which has qualified to furnish proof of financial

responsibility, defaults in any undertakings or agreements, the

department shall not thereafter accept as proof any certificate

of the company whether theretofore filed or thereafter tendered

as proof as long as the default continues.

(d) Financial responsibility identification cards.--Insurers

shall provide financial responsibility identification cards to

insureds which shall be valid only for the period for which

coverage has been paid by the insured. If the insured and

insurer both agree, the insurer may issue the financial

responsibility identification card solely in electronic format.

Financial responsibility identification cards shall disclose

the period for which coverage has been paid by the insured and

shall contain such other information as required by the

Insurance Department. In such instance where the insured has

financed premiums through a premium finance company or where

the insured is on an insurer-sponsored or agency-sponsored

payment plan, financial responsibility identification cards may

be issued for periods of six months even though such payment

by the insured may be for a period of less than six months.

Nothing in this subsection shall be construed to require the

immediate issuance of financial responsibility identification

cards where an insured replaces an insured vehicle, adds a

vehicle or increases coverages under an existing policy for

which a premium adjustment is required.

(e) Immunity.--If an insured chooses to provide proof of

financial responsibility to be viewed in an electronic format

on an electronic device pursuant to section 1786 (relating to

required financial responsibility), a police officer

administering in good faith this subchapter shall be immune

from any civil or criminal liability which arises from the

insured's choice, including the inadvertent viewing of materials

on the device other than the proof of financial responsibility,

inadvertent deletion of information from the device, inadvertent

interception of a communication while in possession of the

device and breakage which occurs to the device.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Feb. 7, 1990,

P.L.11, No.6, eff. July 1, 1990; Dec. 23, 2013, P.L.1266,

No.132, eff. 60 days)

2013 Amendment. Act 132 amended subsec. (d) and added

subsec. (e).

1984 Amendment. Act 12 amended subsec. (a).

§ 1783. Proof of financial responsibility before restoring

operating privilege or registration.

Whenever the department suspends or revokes the operating

privilege of any person or the registration of any vehicle

pursuant to section 1532 (relating to revocation or suspension

of operating privilege), 1542 (relating to revocation of

habitual offender's license), 1772 (relating to suspension for

nonpayment of judgments), 1784 (relating to proof of financial

responsibility following violation) or 1785 (relating to proof

of financial responsibility following accident), or upon

receiving the record of a conviction or forfeiture of bail, the

department shall not restore the operating privilege or the

applicable registration until the person furnishes proof of

financial responsibility.

§ 1784. Proof of financial responsibility following violation.

A defendant who is convicted of a traffic offense, other

than a parking offense, that requires a court appearance shall

be required to show proof of financial responsibility covering

the operation of the vehicle at the time of the offense. If the

defendant fails to show proof of financial responsibility, the

court shall notify the department of that fact. Upon receipt

of the notice, the department shall revoke the registration of

the vehicle. If the defendant is the owner of the vehicle, the

department shall also suspend the operating privilege of the

defendant.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

Cross References. Section 1784 is referred to in sections

1553, 1783 of this title.

§ 1785. Proof of financial responsibility following accident.

If the department determines that the owner of a motor

vehicle involved in an accident requiring notice to a police

department pursuant to section 3746 (relating to immediate

notice of accident to police department) did not maintain

financial responsibility on the motor vehicle at the time of

the accident, the department shall suspend the operating

privilege of the owner, where applicable, and the department

shall revoke the registration of the vehicle.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

Cross References. Section 1785 is referred to in sections

1553, 1783 of this title.

§ 1786. Required financial responsibility.

(a) General rule.--Every motor vehicle of the type required

to be registered under this title which is operated or currently

registered shall be covered by financial responsibility.

(b) Self-certification.--The Department of Transportation

shall require that each motor vehicle registrant certify that

the registrant is financially responsible at the time of

registration or renewal thereof. The department shall refuse

to register or renew the registration of a vehicle for failure

to comply with this requirement or falsification of

self-certification.

responsibility.--Upon registering a motor vehicle or renewing

a motor vehicle registration, the owner of the motor vehicle

shall be deemed to have given consent to produce proof, upon

request, to the Department of Transportation or a police officer

that the vehicle registrant has the financial responsibility

required by this chapter. Proof of financial responsibility may

be satisfied under this chapter by production of a financial

responsibility identification card in paper or electronic form.

If an owner of a motor vehicle is providing electronic proof

of financial responsibility to a police officer, the police

officer shall only view content that is reasonably necessary

to demonstrate proof of financial responsibility. The owner of

the electronic device assumes liability for any damage to the

electronic device containing the financial responsibility

identification card while in possession of the police officer

or agents of the department.

(d) Suspension of registration and operating privilege.--

(1) The Department of Transportation shall suspend the

registration of a vehicle for a period of three months if

it determines the required financial responsibility was not

secured as required by this chapter and shall suspend the

operating privilege of the owner or registrant for a period

of three months if the department determines that the owner

or registrant has operated or permitted the operation of the

vehicle without the required financial responsibility. The

operating privilege shall not be restored until the

restoration fee for operating privilege provided by section

1960 (relating to reinstatement of operating privilege or

vehicle registration) is paid.

(1.1) In lieu of serving a registration suspension

imposed under this section, an owner or registrant may pay

to the department a civil penalty of $500, the restoration

fee prescribed under section 1960 and furnish proof of

financial responsibility in a manner determined by the

department. An owner or registrant may exercise this option

no more than once in a 12-month period.

(2) Whenever the department revokes or suspends the

registration of any vehicle under this chapter, the

department shall not restore or transfer the registration

until the suspension has been served or the civil penalty

has been paid to the department and the vehicle owner

furnishes proof of financial responsibility in a manner

determined by the department and submits an application for

registration to the department, accompanied by the fee for

restoration of registration provided by section 1960. This

subsection shall not apply in the following circumstances:

(i) The owner or registrant proves to the

satisfaction of the department that the lapse in

financial responsibility coverage was for a period of

less than 31 days and that the owner or registrant did

not operate or permit the operation of the vehicle during

the period of lapse in financial responsibility.

(ii) The owner or registrant is a member of the

armed services of the United States, the owner or

registrant has previously had the financial

responsibility required by this chapter, financial

responsibility had lapsed while the owner or registrant

was on temporary, emergency duty and the vehicle was not

operated during the period of lapse in financial

responsibility. The exemption granted by this paragraph

shall continue for 30 days after the owner or registrant

returns from duty as long as the vehicle is not operated

until the required financial responsibility has been

established.

(iii) The insurance coverage has terminated or

financial responsibility has lapsed simultaneously with

or subsequent to expiration of a seasonal registration,

as provided in section 1307(a.1) (relating to period of

registration).

(3) An owner whose vehicle registration has been

suspended under this subsection shall have the same right

of appeal under section 1377 (relating to judicial review)

as provided for in cases of the suspension of vehicle

registration for other purposes. The filing of the appeal

shall act as a supersedeas, and the suspension shall not be

imposed until determination of the matter as provided in

section 1377. The court's scope of review in an appeal from

a vehicle registration suspension shall be limited to

determining whether:

(i) the vehicle is registered or of a type that is

required to be registered under this title; and

(ii) there has been either notice to the department

of a lapse, termination or cancellation in the financial

responsibility coverage as required by law for that

vehicle or that the owner, registrant or driver was

requested to provide proof of financial responsibility

to the department, a police officer or another driver

and failed to do so. Notice to the department of the

lapse, termination or cancellation or the failure to

provide the requested proof of financial responsibility

shall create a presumption that the vehicle lacked the

requisite financial responsibility. This presumption may

be overcome by producing clear and convincing evidence

that the vehicle was insured at all relevant times.

(4) Where an owner or registrant's operating privilege

has been suspended under this subsection, the owner or

registrant shall have the same right of appeal under section

1550 (relating to judicial review) as provided for in cases

of suspension for other reason. The court's scope of review

in an appeal from an operating privilege suspension shall

be limited to determining whether:

(i) the vehicle was registered or of a type required

to be registered under this title; and

(ii) the owner or registrant operated or permitted

the operation of the same vehicle when it was not covered

by financial responsibility. The fact that an owner,

registrant or operator of the motor vehicle failed to

provide competent evidence of insurance or the fact that

the department received notice of a lapse, termination

or cancellation of insurance for the vehicle shall create

a presumption that the vehicle lacked the requisite

financial responsibility. This presumption may be

overcome by producing clear and convincing evidence that

the vehicle was insured at the time that it was driven.

(5) An alleged lapse, cancellation or termination of a

policy of insurance by an insurer may only be challenged by

requesting review by the Insurance Commissioner pursuant to

Article XX of the act of May 17, 1921 (P.L.682, No.284),

known as The Insurance Company Law of 1921. Proof that a

timely request has been made to the Insurance Commissioner

for such a review shall act as a supersedeas, staying the

suspension of registration or operating privilege under this

section pending a determination pursuant to section 2009(a)

of The Insurance Company Law of 1921 or, in the event that

further review at a hearing is requested by either party, a

final order pursuant to section 2009(i) of The Insurance

Company Law of 1921.

(6) The civil penalty collected under paragraph (1.1)

shall be deposited into the Public Transportation Trust Fund.

(e) Obligations upon lapse, termination or cancellation of

financial responsibility.--

(1) An owner of a motor vehicle who ceases to maintain

financial responsibility on a registered vehicle shall not

operate or permit operation of the vehicle in this

Commonwealth until proof of the required financial

responsibility has been provided to the Department of

Transportation.

(2) An insurer who has issued a contract of motor

vehicle liability insurance, or any approved self-insurance

entity, shall notify the department in a timely manner and

in a method prescribed by the department's regulations. Upon

request of an owner or registrant in the case of an appeal

brought by an owner or registrant for suspension under this

section, an insurer shall provide a copy of the notice of

cancellation or a copy of the insurer's filing procedures

with proof that the notice was written in the normal course

of business and placed in the normal course of mailing. The

department shall not be required to produce such copy or any

other proof that notice of termination, lapse or cancellation

was provided to the owner or registrant in order to satisfy

the burden of proof in a proceeding under this section.

(3) An insurer who has issued a contract of motor

vehicle liability insurance and knows or has reason to

believe that the contract is only for the purpose of

providing proof of financial responsibility shall notify the

department if the insurance has been canceled or terminated

by the insured or by the insurer. The insurer shall notify

the department not later than ten days following the

effective date of the cancellation or termination.

(4) A person who, after maintaining financial

responsibility on the vehicle of another person, ceases to

maintain such financial responsibility shall immediately

notify the vehicle's owner who shall not operate, or permit

operation of, the vehicle in this Commonwealth.

(5) In the case of a person who leases any motor vehicle

from a person engaged in the business of leasing motor

vehicles, the lessee shall sign a statement indicating that

the required financial responsibility has been provided

through the lessor or through the lessee's motor vehicle

liability insurance policy coverage. The lessee shall submit

the statement to the lessor.

(f) Operation of a motor vehicle without required financial

responsibility.--Any owner of a motor vehicle for which the

existence of financial responsibility is a requirement for its

legal operation shall not operate the motor vehicle or permit

it to be operated upon a highway of this Commonwealth without

the financial responsibility required by this chapter. In

addition to the penalties provided by subsection (d), any person

who fails to comply with this subsection commits a summary

offense and shall, upon conviction, be sentenced to pay a fine

of $300.

(g) Defenses.--

(1) No person shall be convicted of failing to produce

proof of financial responsibility under this subchapter or

section 3743 (relating to accidents involving damage to

attended vehicle or property) or 6308 (relating to

investigation by police officers) if the person produces,

at the office of the issuing authority within five days of

the date of the violation, proof that he possessed the

required financial responsibility at the time of the

violation.

(2) No person shall be penalized for maintaining a

registered motor vehicle without financial responsibility

under subsection (d) if, at the time insurance coverage

terminated or financial responsibility lapsed, the

registration plate and card were voluntarily surrendered to

the department, a full agent designated by the department

to accept voluntarily surrendered registration plates and

cards pursuant to regulations promulgated by the department

or a decentralized service agent appointed by the department.

If a seasonal registration, as provided in section 1307(a.1),

has been issued for the vehicle, return of the registration

plate and card shall be required only if the insurance

coverage terminates or financial responsibility lapses prior

to the expiration of the seasonal registration. The

department, a full agent or the decentralized service agent,

as the case may be, shall issue a receipt showing the date

that the registration plate and card were received. The

designated full agent or the decentralized service agent

shall return the registration plate and card to the

department accompanied by a copy of the receipt.

(h) Reinstatement of voluntarily surrendered registration

plate and card.--

(1) Except as provided in paragraph (2), the original

registration plate and card shall be canceled by the

department and destroyed. Any person who voluntarily

surrendered a registration plate and card pursuant to the

provisions of subsection (g)(2) may obtain a substitute

registration plate and card bearing a registration number

other than that originally issued from the department, a

designated full agent or a decentralized service agent, as

the case may be. Proof of financial responsibility in a form

approved by the department shall be submitted together with

the receipt showing the registration plate and card were

voluntarily surrendered.

(2) Any registration plate issued under sections 1340

(relating to antique and classic plates) and 1341 (relating

to special registration plates) shall be returned by the

department to the owner of the motor vehicle upon receipt

of proof of financial responsibility.

(3) A full agent designated by the department to issue

substitute temporary registration cards and plates following

a voluntary surrender of registration cards and plates

pursuant to regulations promulgated by the department or a

decentralized service agent appointed by the department may

be authorized to issue substitute temporary registration

plates provided proof of financial responsibility and a copy

of the receipt showing the original registration plate and

card were voluntarily surrendered are furnished. The fees

provided pursuant to sections 1929 (relating to replacement

registration plates) and 1932 (relating to duplicate

registration cards) shall not be charged if the original

registration plate and card were canceled pursuant to

paragraph (1).

(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990; Dec. 7, 1990,

P.L.635, No.164, eff. imd.; Apr. 16, 1992, P.L.169, No.31, eff.

120 days; Dec. 16, 1992, P.L.1247, No.165, eff. 60 days; July

2, 1993, P.L.408, No.58, eff. imd.; Feb. 10, 1994, P.L.10, No.2,

eff. imd.; Dec. 7, 1994, P.L.820, No.115, eff. imd.; July 11,

1996, P.L.660, No.115, eff. 60 days; Dec. 9, 2002, P.L.1278,

No.152, eff. 60 days; Nov. 25, 2013, P.L.974, No.89, eff. Jan.

1, 2015; Dec. 23, 2013, P.L.1266, No.132, eff. 60 days; Mar.

19, 2014, P.L.361, No.23, eff. 120 days)

2014 Amendment. Act 23 amended subsec. (h)(2).

2013 Amendments. Act 89 amended subsec. (d) and Act 132

amended subsec. (c). See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

2002 Amendment. Act 152 amended subsecs. (d) and (e)(2).

1996 Amendment. Act 115 amended subsec. (g)(2) and added

subsec. (d)(3).

1994 Amendment. Act 115 amended subsecs. (g) and (h).

Cross References. Section 1786 is referred to in sections

1377, 1553, 1782, 1960, 6309.1 of this title; section 7317 of

Title 51 (Military Affairs); section 57A07 of Title 53

(Municipalities Generally); section 2603.1 of Title 66 (Public

Utilities); section 1506 of Title 74 (Transportation).

§ 1787. Self-insurance.

(a) General rule.--Self-insurance is effected by filing

with the Department of Transportation, in satisfactory form,

evidence that reliable financial arrangements, deposits,

resources or commitments exist such as will satisfy the

department that the self-insurer will:

(1) Provide the benefits required by section 1711

(relating to required benefits), subject to the provisions

of Subchapter B (relating to motor vehicle liability

insurance first party benefits), except the additional

benefits and limits provided in sections 1712 (relating to

availability of benefits) and 1715 (relating to availability

of adequate limits).

(2) Make payments sufficient to satisfy judgments as

required by section 1774 (relating to payments sufficient

to satisfy judgments).

(3) Provide uninsured motorist coverage up to the limits

set forth in section 1774.

(b) Stacking limits prohibited.--Any recovery of uninsured

motorist benefits under this section only shall not be increased

by stacking the limits provided in section 1774, in

consideration of the ownership or operation of multiple vehicles

or otherwise.

shall not be required to accept assigned risks pursuant to

Subchapter D (relating to Assigned Risk Plan) or contribute to

the Assigned Claims Plan pursuant to Subchapter E (relating to

Assigned Claims Plan).

(d) Catastrophic Loss Trust Fund.--(Repealed).

(e) Promulgation of regulations, etc.--The Department of

Transportation may, jointly with the Insurance Department,

promulgate rules, regulations, guidelines, procedures or

standards for reviewing and establishing the financial

eligibility of self-insurers.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Apr. 26, 1989,

P.L.13, No.4, eff. imd.)

1989 Repeal. Act 4 repealed subsec. (d).

1984 Amendment. Act 12 added section 1787.

Cross References. Section 1787 is referred to in sections

1702, 1782 of this title.

§ 1788. Neighborhood electric vehicles.

(a) Minimum coverage requirements.--A neighborhood electric

vehicle that is registered or operated on a highway shall be

covered by financial responsibility in the amount of $15,000

for injury to one person in any one accident, in the amount of

$30,000 for injury to two or more persons in any one accident

and in the amount of $5,000 for damage of property of others

in any one accident. The financial responsibility shall be in

a form acceptable to the department.

(b) Exemption from other coverages.--For a neighborhood

electric vehicle, no person shall be required to purchase and

no insurer shall be required to offer or make available any

other coverages contained in this chapter.

(Oct. 22, 2014, P.L.2543, No.154, eff. May 1, 2015)

2014 Amendment. Act 154 added section 1788.

SUBCHAPTER I

MISCELLANEOUS PROVISIONS

Sec.

1791. Notice of available benefits and limits.

1791.1. Disclosure of premium charges and tort options.

1791.2. Motorcycle marshals.

1792. Availability of uninsured, underinsured, bodily injury

liability and property damage coverages and mandatory

deductibles.

1793. Special provisions relating to premiums.

1794. Compulsory judicial arbitration jurisdiction.

1795. Insurance fraud reporting immunity.

1796. Mental or physical examination of person.

1797. Customary charges for treatment.

1798. Attorney fees and costs.

1798.1. Extraordinary medical benefit rate.

1798.2. Transition.

1798.3. Unfunded liability report.

1798.4. Catastrophic Loss Benefits Continuation Fund.

1799. Restraint system.

1799.1. Antitheft devices.

1799.2. Driver improvement course discounts.

1799.3. Limit on cancellations, refusals to renew, refusals to

write, surcharges, rate penalties and point assignments.

1799.4. Examination of vehicle repairs.

1799.5. Conduct of market study.

1799.6. Conduct of random field surveys.

1799.7. Rates.

§ 1791. Notice of available benefits and limits.

It shall be presumed that the insured has been advised of

the benefits and limits available under this chapter provided

the following notice in bold print of at least ten-point type

is given to the applicant at the time of application for

original coverage, and no other notice or rejection shall be

required:

IMPORTANT NOTICE

Insurance companies operating in the Commonwealth of

Pennsylvania are required by law to make available for

purchase the following benefits for you, your spouse or

other relatives or minors in your custody or in the

custody of your relatives, residing in your household,

occupants of your motor vehicle or persons struck by

your motor vehicle:

(1) Medical benefits, up to at least $100,000.

(1.1) Extraordinary medical benefits, from $100,000

to $1,100,000 which may be offered in increments of

$100,000.

(2) Income loss benefits, up to at least $2,500 per

month up to a maximum benefit of at least $50,000.

(3) Accidental death benefits, up to at least

$25,000.

(4) Funeral benefits, $2,500.

(5) As an alternative to paragraphs (1), (2), (3)

and (4), a combination benefit, up to at least $177,500

of benefits in the aggregate or benefits payable up to

three years from the date of the accident, whichever

occurs first, subject to a limit on accidental death

benefit of up to $25,000 and a limit on funeral benefit

of $2,500, provided that nothing contained in this

subsection shall be construed to limit, reduce, modify

or change the provisions of section 1715(d) (relating

to availability of adequate limits).

(6) Uninsured, underinsured and bodily injury

liability coverage up to at least $100,000 because of

injury to one person in any one accident and up to at

least $300,000 because of injury to two or more persons

in any one accident or, at the option of the insurer,

up to at least $300,000 in a single limit for these

coverages, except for policies issued under the Assigned

Risk Plan. Also, at least $5,000 for damage to property

of others in any one accident.

Additionally, insurers may offer higher benefit levels

than those enumerated above as well as additional

benefits. However, an insured may elect to purchase lower

benefit levels than those enumerated above.

Your signature on this notice or your payment of any

renewal premium evidences your actual knowledge and

understanding of the availability of these benefits and

limits as well as the benefits and limits you have

selected.

If you have any questions or you do not understand all

of the various options available to you, contact your

agent or company.

If you do not understand any of the provisions contained

in this notice, contact your agent or company before you

sign.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Apr. 26, 1989,

P.L.13, No.4, eff. June 1, 1989; Feb. 7, 1990, P.L.11, No.6,

eff. July 1, 1990)

§ 1791.1. Disclosure of premium charges and tort options.

(a) Invoice.--At the time of application for original

coverage and every renewal thereafter, an insurer must provide

to an insured an itemized invoice listing the minimum motor

vehicle insurance coverage levels mandated by the Commonwealth

and the premium charge for the insured to purchase the minimum

mandated coverages. The invoice must contain the following

notice in print of no less than ten-point type:

The laws of the Commonwealth of Pennsylvania, as enacted

by the General Assembly, only require that you purchase

liability and first-party medical benefit coverages. Any

additional coverages or coverages in excess of the limits

required by law are provided only at your request as

enhancements to basic coverages.

The insurer shall provide the itemized invoice to the insured

in conjunction with the declaration of coverage limits and

premiums for the insured's existing coverages.

(b) Notice of tort options.--In addition to the invoice

required under subsection (a), an insurer must, at the time of

application for original coverage for private passenger motor

vehicle insurance and every renewal thereafter, provide to an

insured the following notice of the availability of two

alternatives of full tort insurance and limited tort insurance

described in section 1705(c) and (d) (relating to election of

tort options):

The laws of the Commonwealth of Pennsylvania give you

the right to choose either of the following two tort

options:

A. "Limited Tort" Option--This form of insurance

limits your right and the rights of members of your

household to seek financial compensation for injuries

caused by other drivers. Under this form of

insurance, you and other household members covered

under this policy may seek recovery for all medical

and other out-of-pocket expenses, but not for pain

and suffering or other nonmonetary damages unless

the injuries suffered fall within the definition of

"serious injury," as set forth in the policy, or

unless one of several other exceptions noted in the

policy applies.

B. "Full Tort" Option--This form of insurance allows

you to maintain an unrestricted right for yourself

and other members of your household to seek financial

compensation for injuries caused by other drivers.

Under this form of insurance, you and other household

members covered under this policy may seek recovery

for all medical and other out-of-pocket expenses and

may also seek financial compensation for pain and

suffering or other nonmonetary damages as a result

of injuries caused by other drivers.

If you wish to change the tort option that currently

applies to your policy, you must notify your agent,

broker or company and request and complete the

appropriate form.

commissioner has determined that an insurer may omit a discount

because the discount is duplicative of other discounts or is

specifically reflected in the insurer's experience, at the time

of application for original coverage and every renewal

thereafter, an insurer must provide to an insured a notice

stating that discounts are available for drivers who meet the

requirements of sections 1799 (relating to restraint system),

1799.1 (relating to antitheft devices) and 1799.2 (relating to

driver improvement course discounts).

(d) Additional information.--Upon an oral or written

request, an insurer subject to this chapter shall provide to

the requestor information on the requestor's cost to purchase

from the insurer the minimum requested automobile insurance

coverages under either of the two tort options described in

subsection (b). These requirements shall include the request

for and provision of information by telephone.

(Feb. 7, 1990, P.L.11, No.6, eff. imd.)

1990 Amendment. Act 6 added section 1791.1. Section 32 of

Act 6 provided that section 1791.1 shall apply to all policies

issued or renewed on and after July 1, 1990.

§ 1791.2. Motorcycle marshals.

A motorcycle driver when operating a motorcycle to guide,

usher or otherwise ensure the safety of participants in a

bicycle race is neither competing nor participating in the

bicycle race for purposes of this chapter.

(July 14, 2005, P.L.285, No.50, eff. imd.)

2005 Amendment. Act 50 added section 1791.2.

§ 1792. Availability of uninsured, underinsured, bodily injury

liability and property damage coverages and mandatory

deductibles.

(a) Availability of coverages.--Except for policies issued

under Subchapter D (relating to Assigned Risk Plan), an insurer

issuing a policy of bodily injury liability coverage pursuant

to this chapter shall make available for purchase higher limits

of uninsured, underinsured and bodily injury liability coverages

up to at least $100,000 because of injury to one person in any

one accident and up to at least $300,000 because of injury to

two or more persons in any one accident or, at the option of

the insurer, up to at least $300,000 in a single limit for these

coverages. Additionally, an insurer shall make available for

purchase at least $5,000 because of damage to property of others

in any one accident. However, the exclusion of availability

relating to the Assigned Risk Plan shall not apply to damage

to property of others in any one accident.

(b) Physical damage deductibles.--

(1) Every private passenger automobile insurance policy

providing collision coverage issued or renewed on and after

the effective date of this subsection shall offer a

deductible in an amount of $500 for collision coverage and

may offer a deductible in a greater or lesser amount or a

zero deductible.

(2) (Deleted by amendment).

(3) Any person or entity providing financing to the

purchaser of a motor vehicle or otherwise holding a security

interest in a motor vehicle shall not be permitted to require

the purchase of a deductible for less than $500 for collision

and comprehensive coverages. Any financial institution,

insurer, agent or other person or entity found to have

violated this provision shall be required to reimburse the

policyholder in an amount equal to the difference in premium

and, in addition, shall be required to pay a civil penalty

of $500 to the Department of Transportation for each

violation.

(4) With the purchase of a $500 or greater deductible,

there shall be an immediate commensurate reduction in rate

for collision and comprehensive coverages. The reduction in

rate shall be based on the insured's existing deductible

level.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Feb. 7, 1990,

P.L.11, No.6, eff. July 1, 1990; Dec. 23, 2013, P.L.1266,

No.132, eff. 60 days)

2013 Amendment. Act 132 amended subsec. (b) hdg., (1) and

(2). Section 4 of Act 132 provided that the amendment of section

1792 shall apply to a private passenger automobile insurance

policy issued or renewed on or after the effective date of

section 4.

§ 1793. Special provisions relating to premiums.

(a) Limitation on premium increases.--

(1) An insurer shall not increase the premium rate of

an owner of a policy of insurance subject to this chapter

solely because one or more of the insureds under the policy

made a claim under the policy and was paid thereon unless

it is determined that the insured was at fault in

contributing to the accident giving rise to the claim.

(2) No insurer shall charge an insured who has been

convicted of a violation of an offense enumerated in section

1535 (relating to schedule of convictions and points) a

higher rate for a policy of insurance solely on account of

the conviction. An insurer may charge an insured a higher

rate for a policy of insurance if a claim is made under

paragraph (1).

(b) Surcharge disclosure plan.--All insurers shall provide

to the insured a surcharge disclosure plan. The insurer

providing the surcharge disclosure plan shall detail the

provisions of the plan including, but not limited to:

(1) A description of conditions that would assess a

premium surcharge to an insured along with the estimated

increase of the surcharge per policy period per policyholder.

(2) The number of years any surcharge will be in effect.

The surcharge disclosure plan shall be delivered to each insured

by the insurer at least once annually. Additionally, the

surcharge information plan shall be given to each prospective

insured at the time application is made for motor vehicle

insurance coverage.

insurer cancels a motor vehicle insurance policy which is

subject to section 6(3) of the act of June 5, 1968 (P.L.140,

No.78), relating to writing, cancellation of or refusal to renew

policies of automobile insurance, the insurer shall within 30

days of canceling the policy return to the insured all premiums

paid under the policy less any proration for the period the

policy was in effect. Premiums are overdue if not paid to the

insured within 30 days after canceling the policy. Overdue

return premiums shall bear interest at the rate of 12% per annum

from the date the return premium became due.

(d) Rules and regulations.--The Insurance Department shall

promulgate rules and regulations establishing guidelines and

procedures for determining fault of an insured for the purpose

of subsection (a) and guidelines for the content and format of

the surcharge disclosure plan.

References in Text. The act of June 5, 1968 (P.L.140,

No.78), referred to as the Automobile Insurance Policy Act,

referred to in subsec. (c), was repealed by the act of June 17,

1998, P.L.464, No.68. The subject matter is now contained in

Article XX of the act of May 17, 1921 (P.L.682, No.284), known

as The Insurance Company Law of 1921.

§ 1794. Compulsory judicial arbitration jurisdiction.

Beginning January 1, 1987, the monetary limit in 42 Pa.C.S.

§ 7361(b)(2)(i) (relating to compulsory arbitration) for the

submission of matters to judicial arbitration in judicial

districts embracing first and second class counties shall be

$25,000 for actions arising from the maintenance or use of a

motor vehicle.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

§ 1795. Insurance fraud reporting immunity.

(a) General rule.--An insurance company, and any agent,

servant or employee acting in the course and scope of his

employment, shall be immune from civil or criminal liability

arising from the supply or release of written or oral

information to any duly authorized Federal or State law

enforcement agency, including the Insurance Department, upon

compliance with the following:

(1) The information is supplied to the agency in

connection with an allegation of fraudulent conduct on the

part of any person relating to the filing or maintenance of

a motor vehicle insurance claim for bodily injury or property

damage.

(2) The insurance company, agent, servant or employee

has probable cause to believe that the information supplied

is reasonably related to the allegation of fraud.

(b) Notice to policyholder.--The insurance company shall

send written notice to the policyholder or policyholders about

whom the information pertains unless the insurance company

receives notice that the authorized agency finds, based on

specific facts, that there is reason to believe that the

information will result in any of the following:

(1) Endangerment to the life or physical safety of any

person.

(2) Flight from prosecution.

(3) Destruction of or tampering with evidence.

(4) Intimidation of any potential witness or witnesses.

(5) Obstruction of or serious jeopardy to an

investigation.

The insurance company shall send written notice not sooner than

45 days nor more than 60 days from the time the information is

furnished to an authorized agency except when the authorized

agency specifies that a notice should not be sent in accordance

with the exceptions enumerated in this subsection in which event

the insurance company shall send written notice to the

policyholder not sooner than 180 days nor more than 190 days

following the date the information is furnished.

authorized agency and any person acting on behalf of an

insurance company or authorized agency complying with or

attempting in good faith to comply with subsection (b) shall

be immune from civil liability arising out of any acts or

omissions in so doing.

(d) Applicability.--Nothing in this section shall be

construed to create any rights to privacy or causes of action

on behalf of policyholders that are not in existence as of the

effective date of this section.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

1984 Amendment. Act 12 amended subsec. (a).

§ 1796. Mental or physical examination of person.

(a) General rule.--Whenever the mental or physical condition

of a person is material to any claim for medical, income loss

or catastrophic loss benefits, a court of competent jurisdiction

or the administrator of the Catastrophic Loss Trust Fund for

catastrophic loss claims may order the person to submit to a

mental or physical examination by a physician. The order may

only be made upon motion for good cause shown. The order shall

give the person to be examined adequate notice of the time and

date of the examination and shall state the manner, conditions

and scope of the examination and the physician by whom it is

to be performed. If a person fails to comply with an order to

be examined, the court or the administrator may order that the

person be denied benefits until compliance.

(b) Report of examination.--If requested by the person

examined, a party causing an examination to be made shall

promptly deliver to the person examined a copy of every written

report concerning the examination at least one of which must

set forth the physician's findings and conclusions in detail.

Upon failure to promptly provide copies of these reports, the

court or the administrator shall prohibit the testimony of the

examining physician in any proceeding to recover benefits.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

1984 Amendment. Act 12 added section 1796.

§ 1797. Customary charges for treatment.

(a) General rule.--A person or institution providing

treatment, accommodations, products or services to an injured

person for an injury covered by liability or uninsured and

underinsured benefits or first party medical benefits, including

extraordinary medical benefits, for a motor vehicle described

in Subchapter B (relating to motor vehicle liability insurance

first party benefits) shall not require, request or accept

payment for the treatment, accommodations, products or services

in excess of 110% of the prevailing charge at the 75th

percentile; 110% of the applicable fee schedule, the recommended

fee or the inflation index charge; or 110% of the

diagnostic-related groups (DRG) payment; whichever pertains to

the specialty service involved, determined to be applicable in

this Commonwealth under the Medicare program for comparable

services at the time the services were rendered, or the

provider's usual and customary charge, whichever is less. The

General Assembly finds that the reimbursement allowances

applicable in the Commonwealth under the Medicare program are

an appropriate basis to calculate payment for treatments,

accommodations, products or services for injuries covered by

liability or uninsured and underinsured benefits or first party

medical benefits insurance. Future changes or additions to

Medicare allowances are applicable under this section. If the

commissioner determines that an allowance under the Medicare

program is not reasonable, he may adopt a different allowance

by regulation, which allowance shall be applied against the

percentage limitation in this subsection. If a prevailing

charge, fee schedule, recommended fee, inflation index charge

or DRG payment has not been calculated under the Medicare

program for a particular treatment, accommodation, product or

service, the amount of the payment may not exceed 80% of the

provider's usual and customary charge. If acute care is provided

in an acute care facility to a patient with an immediately

life-threatening or urgent injury by a Level I or Level II

trauma center accredited by the Pennsylvania Trauma Systems

Foundation under the act of July 3, 1985 (P.L.164, No.45), known

as the Emergency Medical Services Act, or to a major burn injury

patient by a burn facility which meets all the service standards

of the American Burn Association, the amount of payment may not

exceed the usual and customary charge. Providers subject to

this section may not bill the insured directly but must bill

the insurer for a determination of the amount payable. The

provider shall not bill or otherwise attempt to collect from

the insured the difference between the provider's full charge

and the amount paid by the insurer.

(b) Peer review plan for challenges to reasonableness and

necessity of treatment.--

(1) Peer review plan.--Insurers shall contract jointly

or separately with any peer review organization established

for the purpose of evaluating treatment, health care

services, products or accommodations provided to any injured

person. Such evaluation shall be for the purpose of

confirming that such treatment, products, services or

accommodations conform to the professional standards of

performance and are medically necessary. An insurer's

challenge must be made to a PRO within 90 days of the

insurer's receipt of the provider's bill for treatment or

services or may be made at any time for continuing treatment

or services.

(2) PRO reconsideration.--An insurer, provider or

insured may request a reconsideration by the PRO of the PRO's

initial determination. Such a request for reconsideration

must be made within 30 days of the PRO's initial

determination. If reconsideration is requested for the

services of a physician or other licensed health care

professional, then the reviewing individual must be, or the

reviewing panel must include, an individual in the same

specialty as the individual subject to review.

(3) Pending determinations by PRO.--If the insurer

challenges within 30 days of receipt of a bill for medical

treatment or rehabilitative services, the insurer need not

pay the provider subject to the challenge until a

determination has been made by the PRO. The insured may not

be billed for any treatment, accommodations, products or

services during the peer review process.

(4) Appeal to court.--A provider of medical treatment

or rehabilitative services or merchandise or an insured may

challenge before a court an insurer's refusal to pay for

past or future medical treatment or rehabilitative services

or merchandise, the reasonableness or necessity of which the

insurer has not challenged before a PRO. Conduct considered

to be wanton shall be subject to a payment of treble damages

to the injured party.

(5) PRO determination in favor of provider or

insured.--If a PRO determines that medical treatment or

rehabilitative services or merchandise were medically

necessary, the insurer must pay to the provider the

outstanding amount plus interest at 12% per year on any

amount withheld by the insurer pending PRO review.

(6) Court determination in favor of provider or

insured.--If, pursuant to paragraph (4), a court determines

that medical treatment or rehabilitative services or

merchandise were medically necessary, the insurer must pay

to the provider the outstanding amount plus interest at 12%,

as well as the costs of the challenge and all attorney fees.

(7) Determination in favor of insurer.--If it is

determined by a PRO or court that a provider has provided

unnecessary medical treatment or rehabilitative services or

merchandise or that future provision of such treatment,

services or merchandise will be unnecessary, or both, the

provider may not collect payment for the medically

unnecessary treatment, services or merchandise. If the

provider has collected such payment, it must return the

amount paid plus interest at 12% per year within 30 days.

In no case does the failure of the provider to return the

payment obligate the insured to assume responsibility for

payment for the treatment, services or merchandise.

Budget and Finance Committee shall commence a review of the

impact of this section. Such review may be conducted biennially.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Feb. 7, 1990,

P.L.11, No.6, eff. Apr. 15, 1990)

References in Text. The act of July 3, 1985 (P.L.164,

No.45), known as the Emergency Medical Services Act, referred

to in subsec. (a), was repealed by the act of August 18, 2009

(P.L.308, No.37). The subject matter is now contained in Chapter

81 of Title 35 (Health and Safety).

Cross References. Section 1797 is referred to in section

1712 of this title.

§ 1798. Attorney fees and costs.

(a) Basis for reasonable fee.--No attorney's fee for

representing a claimant in connection with a claim for first

party benefits provided under Subchapter B (relating to motor

vehicle liability insurance first party benefits) or a claim

for catastrophic loss benefits under Subchapter F (relating to

Catastrophic Loss Trust Fund) shall be calculated, determined

or paid on a contingent fee basis, nor shall any attorney's

fees be deducted from the benefits enumerated in this subsection

which are otherwise due such claimant. An attorney may charge

a claimant a reasonable fee based upon actual time expended.

(b) Unreasonable refusal to pay benefits.--In the event an

insurer is found to have acted with no reasonable foundation

in refusing to pay the benefits enumerated in subsection (a)

when due, the insurer shall pay, in addition to the benefits

owed and the interest thereon, a reasonable attorney fee based

upon actual time expended.

award the claimant's attorney a reasonable fee based upon actual

time expended because a claimant is unable to otherwise pay the

fees and costs.

(d) Fraudulent or excessive claims.--If, in any action by

a claimant to recover benefits under this chapter, the court

determines that the claim, or a significant part thereof, is

fraudulent or so excessive as to have no reasonable foundation,

the court may award the insurer's attorney a reasonable fee

based upon actual time expended. The court, in such case, may

direct that the fee shall be paid by the claimant or that the

fee may be treated in whole or in part as an offset against any

benefits due or to become due the claimant.

(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)

1984 Amendment. Act 12 added section 1798.

References in Text. Subchapter F, referred to in this

section, is repealed.

§ 1798.1. Extraordinary medical benefit rate.

(a) Filing.--Each insurer issuing or delivering liability

insurance policies as described in section 1711 (relating to

required benefits) shall file with the Insurance Commissioner

for an extraordinary medical benefit rate for coverage under

section 1715(a)(1.1) (relating to availability of adequate

limits). The filing shall be subject to the act of June 11,

1947 (P.L.538, No.246), known as The Casualty and Surety Rate

Regulatory Act, provided that no first time filing for

extraordinary medical benefit coverage which is scheduled for

a formal administrative hearing may be deemed effective until

an adjudication is issued by the Insurance Commissioner.

Insurers may provide for the discounting of extraordinary

medical benefit loss reserves in annual financial statements.

Unallocated extraordinary medical benefit loss expense payments

may be treated in accordance with section 315 of the act of May

17, 1921 (P.L.789, No.285), known as The Insurance Department

Act of one thousand nine hundred and twenty-one, and regulations

promulgated pursuant thereto. The Insurance Commissioner may

order the discounting of extraordinary medical benefit losses

and allocated loss adjustment expenses in calculating rates for

coverage under section 1715(a)(1.1) to the extent determined

to be actuarially sound.

(b) Rates.--All rates established under this section shall

be adequate to assure actuarial soundness. Under no

circumstances shall rates for other coverages required under

the provisions of this chapter be modified or otherwise

established to subsidize, in whole or in part, the rate for the

extraordinary medical benefit. In making a rate for the

extraordinary medical benefit, due consideration shall be given

to the current factors generally in use in making motor vehicle

insurance rates.

coverage under section 1715(a)(1.1) shall not be subject to any

premium tax levied under State law.

(Apr. 26, 1989, P.L.13, No.4, eff. imd.)

1989 Amendment. Act 4 added section 1798.1.

References in Text. Section 315 of the act of May 17, 1921

(P.L.789, No.285), known as The Insurance Department Act of

1921, referred to in subsec. (a), was repealed by the act of

December 18, 1992 (P.L.1496, No.177).

Cross References. Section 1798.1 is referred to in section

1798.2 of this title.

§ 1798.2. Transition.

(a) Savings provision.--Notwithstanding the repeal of

Subchapter F (relating to Catastrophic Loss Trust Fund) by the

act of December 12, 1988 (P.L.1120, No.144), all natural persons

who suffer or suffered a catastrophic loss prior to June 1,

1989, or who may suffer a catastrophic loss during the

registration year for which payment was made in accordance with

former section 1762 (relating to funding), respectively, shall

continue to receive, or be eligible to receive, catastrophic

loss benefits as if Subchapter F had not been repealed. To

ensure the administration and delivery of catastrophic loss

benefits to eligible claimants, all powers and duties previously

imposed on the Catastrophic Loss Trust Fund Board under

Subchapter F are hereby transferred to the Insurance

Commissioner.

(b) Rate filing.--All insurers shall, within 30 days of the

effective date of this section, file for approval by the

Insurance Commissioner an extraordinary medical benefit rate

pursuant to section 1798.1(a) (relating to extraordinary medical

benefit rate). Any insurer having an approved rate for

catastrophic loss coverage on the effective date of this section

shall utilize that approved rate.

approved after the effective date of this section, the insurer

shall provide the following notice to all policyholders no later

than 30 days from the date of approval, which notice shall not

be subject to any provision of any law or regulation requiring

the approval of the Insurance Commissioner prior to its adoption

or use:

IMPORTANT NOTICE

EXTRAORDINARY MEDICAL BENEFITS

By virtue of recent amendment to the Motor Vehicle

Financial Responsibility Law, as of June 1, 1989, the

first party benefits coverage may be extended to provide

an extraordinary medical benefit which will pay the

medical and rehabilitation costs for you and your family

members residing in your household which are more than

$100,000 for each person injured as the result of an

automobile accident, up to a lifetime benefit limit of

$1,000,000 for each person. The cost of this

extraordinary medical benefit coverage on an annual basis

is $ per vehicle. If you wish to purchase the

extraordinary medical benefit coverage, please notify

your agent or insurance company for additional

information. If you do not wish to purchase extraordinary

medical benefit coverage, please disregard this notice.

(Apr. 26, 1989, P.L.13, No.4, eff. imd.; July 1, 1989, P.L.115,

No.24, eff. imd.)

1989 Amendments. Act 4 added section 1798.2, retroactive

to December 12, 1988, and Act 24 amended subsec. (a).

References in Text. Subchapter F and section 1762, referred

to in this section, are repealed.

Cross References. Section 1798.2 is referred to in section

1798.4 of this title.

§ 1798.3. Unfunded liability report.

By May 15, 1989, the Insurance Commissioner and the Budget

Secretary shall jointly prepare and provide to the Governor and

to the General Assembly a report on the actuarial soundness of

the fund, including a projection of the additional revenues

needed on a year-to-year basis and a comparison of the cost of

providing additional revenues on a year-to-year, as-needed basis

and the cost of providing adequate revenues to eliminate the

unfunded liability within no more than five years. The report

shall include recommendations as to how rapidly the unfunded

liability should be eliminated and what the source or sources

of the additional revenues should be, which shall include, but

not be limited to, the General Fund or other surcharges. If

such report includes recommendations for collecting a surcharge

to eliminate the unfunded liability, the report shall compare

the consequences of imposing that surcharge on each motor

vehicle required to be registered under Chapter 13 (relating

to registration of vehicles) except trailers, recreational

vehicles not intended for highway use, motorcycles, motor-driven

cycles, motorized pedalcycles or like type vehicles; on each

insured as defined in section 1702 (relating to definitions);

and on each motor vehicle for which coverage is purchased under

section 1715(a)(1) (relating to availability of adequate limits)

and shall compare the consequences of eliminating the unfunded

liability over a period of five years, a period of ten years,

a period of 15 years and a period of 20 years.

(Apr. 26, 1989, P.L.13, No.4, eff. imd.)

1989 Amendment. Act 4 added section 1798.3.

§ 1798.4. Catastrophic Loss Benefits Continuation Fund.

(a) Creation.--The Catastrophic Loss Benefits Continuation

Fund is hereby created to provide funds necessary to pay

catastrophic loss benefits under section 1798.2 (relating to

transition).

(b) Composition.--The Catastrophic Loss Benefits

Continuation Fund shall be composed of funds transferred from

the Catastrophic Loss Trust Fund, funds contributed pursuant

to section 6506 (relating to surcharge) and funds earned by the

investment and reinvestment of such funds. The funds shall be

held in trust, be deposited in a separate account and be the

sole and exclusive source of funds for the payment of

catastrophic loss benefits under section 1798.2 and the

administration of the Catastrophic Loss Benefits Continuation

Fund.

Fund.--The fund and all income earned by it shall not become

part of the General Fund or Motor License Fund. No obligations

or expenses of or claim against the Catastrophic Loss Trust

Fund or the Catastrophic Loss Benefits Continuation Fund shall

constitute a debt of the Commonwealth or a charge against the

General Fund or Motor License Fund. Upon the expiration of

section 6506, excess money in the Catastrophic Loss Benefits

Continuation Fund, beyond the money needed to cover the unfunded

liability of the Catastrophic Loss Trust Fund in accordance

with section 6506, shall be deposited in the Motor License Fund.

(d) Borrowing from the Workers' Compensation Security

Fund.--Whenever the Governor shall ascertain that the cash

balance and the current estimated receipts of the Catastrophic

Loss Benefits Continuation Fund shall be insufficient at any

time during any fiscal period to meet promptly any expenses

payable from the fund, the Governor shall authorize the transfer

from the Workers' Compensation Security Fund to the Catastrophic

Loss Benefits Continuation Fund such sums as are necessary. Any

sum so transferred shall be available for the purpose for which

the Catastrophic Loss Benefits Continuation Fund is created by

law and shall be considered as a loan to that fund. Such

transfers shall be made upon warrant of the State Treasurer

upon requisition of the Governor. For purposes of determining

whether contributions to the Workers' Compensation Security

Fund pursuant to section 5 of the act of July 1, 1937 (P.L.2532,

No.470), known as the Workers' Compensation Security Fund Act,

are necessary, the Insurance Commissioner shall consider the

amount of any loan made pursuant to this act as an asset of the

Workers' Compensation Security Fund that does not reduce the

fund below 5% of its loss reserves and does not trigger the

resumption of contributions to the fund. The amounts transferred

to the Catastrophic Loss Benefits Continuation Fund may carry

over from fiscal year to fiscal year and shall be repaid

together with an amount of interest equivalent to the average

interest rate derived from investments of the Workers'

Compensation Security Fund in the immediately preceding fiscal

year as determined by the State Treasurer. An estimate of the

actual and projected borrowings and loan repayments to be made

from and to the Workers' Compensation Security Fund shall be

included in the report required pursuant to section 7 of the

act of July 1, 1989 (P.L.115, No.24), entitled "An act amending

Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes,

creating the Catastrophic Loss Benefits Continuation Fund for

payment of certain catastrophic loss benefits; providing for

surcharges for certain offenses to provide moneys for the fund;

and further providing for conditions of permits." The

authorization to make transfers pursuant to this subsection

shall expire on July 1, 1998, unless otherwise provided by the

General Assembly.

(July 1, 1989, P.L.115, No.24, eff. imd.; July 1, 1990, P.L.312,

No.70, eff. imd.; June 28, 1993, P.L.137, No.33, eff. 60 days)

1993 Amendment. Act 33 amended subsec. (d).

1989 Amendment. Act 24 added section 1798.4. See sections

5, 6 and 7 of Act 24 in the appendix to this title for special

provisions relating to transfer of Catastrophic Loss Trust Fund

moneys, certification by Insurance Commissioner and reports to

General Assembly.

References in Text. Section 5 of the act of July 1, 1937

(P.L.2532, No.470), known as the Workers' Compensation Security

Fund Act, referred to in subsec. (d), was deleted by amendment

by the act of June 22, 2000 (P.L.379, No.49).

§ 1799. Restraint system.

(a) General rule.--All insurance companies authorized to

write private passenger automobile insurance within this

Commonwealth shall provide premium discounts for motor vehicles

equipped with passive restraint devices. These discounts shall

apply to the first party benefits coverage and shall be approved

by the commissioner as part of the insurer's rate filing,

provided that such discounts shall not be less than 15% for

passive seat belts, 20% for one airbag on the operator's side

of the vehicle and 30% for two airbags. Some or all of the

premium discounts required by this subsection may be omitted

upon demonstration to the commissioner in an insurer's rate

filing that the discounts are duplicative of other discounts

provided by the insurer or specifically reflected in the

insurer's experience.

(b) Definitions.--As used in this subsection, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Passive restraint." Any frontal automobile crash protection

system which requires no action of the vehicle occupants and

complies with standard 571.208 of the National Traffic Safety

Administration or its successor.

(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)

1990 Amendment. Act 6 added section 1799.

Cross References. Section 1799 is referred to in section

1791.1 of this title.

§ 1799.1. Antitheft devices.

(a) General rule.--All insurance companies authorized to

write private passenger automobile insurance within this

Commonwealth shall provide premium discounts for motor vehicles

with passive antitheft devices. These discounts shall apply to

the comprehensive coverage and shall be approved by the

commissioner as part of the insurer's rate filing, provided

that such discounts shall not be less than 10%. Some or all of

the premium discounts required by this subsection may be omitted

upon demonstration to the commissioner in an insurer's rate

filing that the discounts are duplicative of other discounts

provided by the insurer.

(b) Definitions.--As used in this subsection, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Passive antitheft device." Any item or system installed

in an automobile which is activated automatically when the

operator turns the ignition key to the off position and which

is designed to prevent unauthorized use, as prescribed by

regulations of the commissioner. The term does not include an

ignition interlock provided as a standard antitheft device by

the original automobile manufacturer.

(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)

1990 Amendment. Act 6 added section 1799.1.

Cross References. Section 1799.1 is referred to in section

1791.1 of this title.

§ 1799.2. Driver improvement course discounts.

(a) Motor vehicle driver improvement course.--All insurance

companies authorized to write private passenger automobile

insurance within this Commonwealth shall provide a premium

discount for each motor vehicle on a policy under which all

named insureds are 55 years of age or older and have

successfully completed a motor vehicle driver improvement course

meeting the standards of the Department of Transportation. This

discount shall apply to all coverages for all policy periods

beginning within the three-year period immediately following

the successful completion of the course and shall be approved

by the commissioner as part of the insurer's rate filing,

provided that such discount shall not be less than 5%. The

successful completion of more than one course within a

three-year period does not qualify the insured for additional

discounts. The premium discount required by this subsection may

be omitted upon demonstration to the commissioner in an

insurer's rate filing that the discount is duplicative of a

driver improvement course discount provided by the insurer.

(b) Completion of course.--Upon successfully completing the

approved course, each participant shall be issued, by the

course's sponsoring agency, a certificate which shall be the

basis of qualification for the discount on insurance.

an approved course every three years to continue to be eligible

for the discount on insurance. Each insurer may require, as a

condition of providing and maintaining the discount, that the

insured for a three-year period after course completion:

(1) not be involved in an accident for which the insured

is chargeable;

(2) not be convicted of an offense enumerated in section

1535 (relating to schedule of convictions and points); and

(3) not be convicted or have accepted Accelerated

Rehabilitative Disposition (ARD) for driving under the

influence of alcohol or a controlled substance.

(d) Nonapplicability.--This section shall not apply in the

event the approved course is specified by a court or other

governmental entity resulting from a conviction of an offense

enumerated in section 1535.

(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)

1990 Amendment. Act 6 added section 1799.2.

Cross References. Section 1799.2 is referred to in section

1791.1 of this title.

§ 1799.3. Limit on cancellations, refusals to renew, refusals

to write, surcharges, rate penalties and point

assignments.

(a) Damage claims.--No insurer shall cancel or refuse to

renew a policy or apply any surcharge, rate penalty or driver

record point assignment where, during the preceding three-year

period, the aggregate cost to the insurer for any person injured

or property damaged is determined to be less than $650 in excess

of any self-insured retention or deductible applicable to the

named insured.

(b) Reimbursements.--A surcharge, rate penalty or driver

record point assignment shall not be made if the insurer is

reimbursed by or on behalf of the named insured or other

resident operator for at least 60% of the total amount of the

paid claim received through subrogation or from a settlement

or judgment against the individual responsible for the accident.

or driver record point assignment shall be made as a result of

an insurer paying a first party medical claim.

(d) Notice to insured.--If an insurer makes a determination

to impose a surcharge, rate penalty or driver record point

assignment, the insurer shall inform the named insured of the

determination and shall specify the manner in which the

surcharge, rate penalty or driver record point assignment was

made and clearly identify the amount of the surcharge or rate

penalty on the premium notice for as long as the surcharge or

rate penalty is in effect.

(e) Adjustment of cap.--The Insurance Department, at least

once every three years, shall adjust the $650 cap or limit

relative to changes in the components of the Consumer Price

Index (Urban) to measure seasonally adjusted changes in medical

care and automobile maintenance and repair costs and shall make

such adjustments to the cap or limit as shall be necessary to

maintain the same rate of change in the cap or limit as has

occurred in the Consumer Price Index (Urban). Such adjustments

may be rounded off to the nearest $50 figure.

(f) Notice of refusal to write.--If requested by the

applicant, an agent for an insurer shall submit an application

for automobile insurance to the insurer or provide the applicant

written notice of the reasons for refusal to write on a form

supplied by the insurer and approved by the commissioner. An

applicant receiving a notice of reasons under this subsection

may obtain review by the commissioner pursuant to the Automobile

Insurance Policy Act. If either the applicant or insurer is

aggrieved by the commissioner's review, the commissioner may,

in his discretion and for cause shown, hold a hearing pursuant

to the Automobile Insurance Policy Act. No insurer shall take

any action, overt or otherwise, against any agent or broker for

complying with this subsection.

(g) Conflict with other law.--The limitations imposed on

cancellations, refusals to renew, surcharges, rate penalties

and point assignments by this section shall be in addition to

any other limitations imposed by other laws. Where any conflict

exists between this section and the provisions of any other

law, this section shall be applied so as to supersede such other

laws to the extent of the conflict.

(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)

1990 Amendment. Act 6 added section 1799.3.

References in Text. The act of June 5, 1968 (P.L.140,

No.78), referred to as the Automobile Insurance Policy Act,

referred to in subsec. (f), was repealed by the act of June 17,

1998 (P.L.464, No.68). The subject matter is now contained in

Article XX of the act of May 17, 1921 (P.L.682, No.284), known

as The Insurance Company Law of 1921.

Cross References. Section 1799.3 is referred to in section

1702 of this title.

§ 1799.4. Examination of vehicle repairs.

Upon request of the insurer, an insurance adjuster shall be

afforded a reasonable opportunity to enter a repair facility

and examine covered repairs being made to a specific insured's

vehicle during regular business hours.

(Feb. 7, 1990, P.L.11, No.6, eff. 60 days)

1990 Amendment. Act 6 added section 1799.4.

§ 1799.5. Conduct of market study.

(a) Duty of Insurance Department.--The Insurance Department

may authorize a market conduct study of private passenger

automobile insurers.

(b) Purposes of study.--The purposes of the study shall be

to:

(1) Determine extent of insurer competition.

(2) Determine the number of uninsured motorists.

(3) Determine extent of insurer profits and losses.

(4) Determine that rates and premiums charged to

residents are lawfully applied.

(5) Determine if the various policies for automobile

insurance written in this Commonwealth are available equally

to each resident.

(6) Determine the validity of existing rating

territories and if rate differentials between or among rating

territories is justified by the losses.

(Feb. 7, 1990, P.L.11, No.6, eff. 60 days)

1990 Amendment. Act 6 added section 1799.5.

Cross References. Section 1799.5 is referred to in section

1799.6 of this title.

§ 1799.6. Conduct of random field surveys.

(a) Authority.--In furtherance of the purposes and goals

of section 1799.5 (relating to conduct of market study), the

Insurance Department may conduct field surveys of agents and

brokers in this Commonwealth, which shall include, but not be

limited to:

(1) The determination of the geographical areas to be

surveyed.

(2) The establishment of a list of insurance agents and

brokers in the surveyed area or its immediate neighborhood.

(3) The interview of agents and brokers at their offices

to obtain premium quotations from the agent for each company

represented by that agent.

(4) The sorting and categorizing of information.

(5) The construction of a table displaying quotations

by insurer, area and risk.

(6) The writing of a report of the findings.

(b) Conjunctive analysis of market study and field

survey.--The department may analyze information collected from

insurance companies under section 1799.5 in conjunction with

information collected from field surveys. This analysis may be

ongoing. The department's authority to undertake the conjunctive

analysis is in addition to any other of its statutory

investigative responsibilities. The conjunctive analysis may

be used by the department for general regulatory purposes,

including enforcement of the insurance laws.

(Feb. 7, 1990, P.L.11, No.6, eff. 60 days)

1990 Amendment. Act 6 added section 1799.6.

§ 1799.7. Rates.

(a) Rate filing.--All insurers and the Assigned Risk Plan

must file for new private passenger motor vehicle rates on or

before May 1, 1990. These rates shall apply to all policies

issued or renewed on and after July 1, 1990.

(b) Rate reductions.--The rates charged by insurers under

the filing required by subsection (a) shall be reduced from

current rates as follows:

(1) For an insured electing the limited tort option

under section 1705 (relating to election of tort options),

the total premium charged for any selection of coverages and

coverage limits shall be reduced by at least 22% from the

total premium for the same selection of coverages and

coverage limits in effect on December 1, 1989.

(2) For an insured bound by the full tort option under

section 1705, the total premium charged for any selection

of coverages and coverage limits shall be reduced by at least

10% from the total premium for the same selection of

coverages and coverage limits in effect on December 1, 1989.

(3) An insurer aggrieved by the rate reductions mandated

by this subsection may seek relief from the commissioner,

which relief may be granted when the commissioner deems

necessary in extraordinary circumstances.

initial filing submitted by an insurer pursuant to subsection

(a), which reduces rates for all insureds from rates in effect

December 1, 1989, in amounts specified in subsection (b), shall

become effective immediately for policies issued or renewed on

and after July 1, 1990, upon receipt by the department and shall

be deemed to comply with the act of June 11, 1947 (P.L.538,

No.246), known as The Casualty and Surety Rate Regulatory Act,

and with Chapter 20 (relating to motor vehicle insurance rate

review procedures). Any filing so deemed may subsequently be

disapproved, effective upon seven days' written notice by the

commissioner stating in what respect the filing or part thereof

fails to meet the requirements of this chapter or other

applicable law. If a deemed filing is so disapproved within 90

days after receipt by the commissioner, the commissioner may

order the insurer to pay refunds to all insureds charged

inappropriate rates under the filing. The ability to order

refunds shall be in addition to other penalties authorized by

law.

(d) Immediate rate freeze.--In order to provide stability

during the period of transition leading up to the effective

date of the amendments to this chapter and to assure fair and

equitable treatment of insurers and insureds, it is in the best

interest of the Commonwealth to temporarily suspend the adoption

of new private passenger motor vehicle rates. Notwithstanding

any provisions of law to the contrary, all private passenger

motor vehicle rates in effect on December 1, 1989, may not be

changed so as to be effective prior to July 1, 1990. Any rate

requests filed with the commissioner to be effective on or after

December 1, 1989, whether or not such requests were approved

by the commissioner or by operation of law prior to, on or after

December 1, 1989, are hereby disapproved as being in conflict

with this chapter.

(e) Rate freeze after implementation of tort option

elections.--No insurer nor the Assigned Risk Plan may increase

any private passenger motor vehicle rates between July 1, 1990,

and June 30, 1991.

(f) Rate increase justification.--All rates charged by an

insurer during the period between July 1, 1991, and June 30,

1992, may not be increased over the rates in effect pursuant

to subsections (b) and (e) by an amount greater than that

indicated by an increase in the Consumer Price Index (URBAN),

the cost of medical care services, the cost of automobile

repairs or other indices of cost increases affecting automobile

insurance adopted by the commissioner by publication of notice

in the Pennsylvania Bulletin.

(g) Calculation of rates.--In all rate filings subsequent

to the initial filing required by subsection (a), insurers shall

allocate expenses, losses and income according to the coverages

which generate such expenses, losses and income, provided that

each insurer shall provide its limited tort electors with

premium savings that equal, in the aggregate, reductions in the

insurer's losses created by limited tort electors under the

system of tort options established in section 1705.

(h) Coverage reductions.--Insurers shall reduce the premium

for insureds who elect to reduce or eliminate first party

benefits, uninsured or underinsured motorist coverage required

prior to the effective date of this section by the cost of such

coverage.

(Feb. 7, 1990, P.L.11, No.6, eff. 60 days)

1990 Amendment. Act 6 added section 1799.7.

CHAPTER 18

MOTOR VEHICLE INSURANCE FRAUD

Subchapter

A. General Provisions

B. Antifraud Plans

C. Comprehensive Database System

Enactment. Chapter 18 was added February 7, 1990, P.L.11,

No.6, effective immediately.

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

1801. Definitions.

§ 1801. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

"Commissioner." The Insurance Commissioner of the

Commonwealth.

"Comprehensive database system." A centralized organization

or entity designed to collect and disseminate insurance claims

information and data from and among its members or subscribers

for, but not limited to, the prevention and suppression of

fraud.

"Department." The Insurance Department of the Commonwealth.

"Motor vehicle insurer" or "insurer." An entity licensed

to write motor vehicle insurance in the Commonwealth.

(Dec. 18, 1992, P.L.1411, No.174, eff. imd.)

SUBCHAPTER B

ANTIFRAUD PLANS

Sec.

1811. Filing of plans.

1812. Content of plans.

1813. Review by commissioner.

1814. Report on antifraud activities.

1815. Penalties.

1816. Confidentiality of plans and reports.

1817. Reporting of insurance fraud.

1818. Civil immunity.

§ 1811. Filing of plans.

Each insurer licensed to write motor vehicle insurance in

this Commonwealth shall institute and maintain a motor vehicle

insurance antifraud plan. The antifraud plan of insurers

licensed on the effective date of this subchapter shall be filed

with the department on or before December 31, 1990. All insurers

licensed after the effective date of this chapter shall file

within six months of licensure. All changes to the antifraud

plan shall be filed with the department within 30 days after

it has been modified.

Cross References. Section 1811 is referred to in section

1815 of this title.

§ 1812. Content of plans.

The antifraud plans of each insurer shall establish specific

procedures:

(1) To prevent insurance fraud, including internal fraud

involving employees or company representatives, fraud

resulting from misrepresentation on applications for

insurance coverage, and claims fraud.

(2) To review claims in order to detect evidence of

possible insurance fraud and to investigate claims where

fraud is suspected.

(3) To report fraud to appropriate law enforcement

agencies and to cooperate with such agencies in their

prosecution of fraud cases.

(4) To undertake civil actions against persons who have

engaged in fraudulent activities.

(5) To report fraud-related data to a comprehensive

database system.

(6) To ensure that costs incurred as a result of

insurance fraud are not included in any rate base affecting

the premiums of motor vehicle insurance consumers.

(Dec. 18, 1992, P.L.1411, No.174, eff. imd.)

Cross References. Section 1812 is referred to in sections

1813, 1815 of this title.

§ 1813. Review by commissioner.

Antifraud plans shall be filed with the department. If, after

review, the commissioner finds that the antifraud plan does not

comply with section 1812 (relating to content of plans), the

antifraud plan may be disapproved. Notice of disapproval shall

include a statement of the specific reasons for such

disapproval. Any plan disapproved by the commissioner must be

refiled within 60 days of the date of the notice of disapproval.

The commissioner may audit insurers to ensure compliance with

antifraud plans as a part of the examinations performed under

sections 213, 214 and 216 of the act of May 17, 1921 (P.L.789,

No.285), known as The Insurance Department Act of one thousand

nine hundred and twenty-one.

References in Text. Sections 213, 214 and 216 of the act

of May 17, 1921 (P.L.789, No.285), known as The Insurance

Department Act of 1921, referred to in this section, were

repealed by the act of February 17, 1994 (P.L.79, No.8).

Cross References. Section 1813 is referred to in section

1815 of this title.

§ 1814. Report on antifraud activities.

All insurers shall annually provide to the department a

summary report on actions taken under the plan to prevent and

combat insurance fraud, including, but not limited to, measures

taken to protect and ensure the integrity of electronic

data-processing-generated data and manually compiled data,

statistical data on the amount of resources committed to

combating fraud, and the amount of fraud identified and

recovered during the reporting period.

§ 1815. Penalties.

Insurers that fail to file timely antifraud plans as required

by sections 1811 (relating to filing of plans) and 1813

(relating to review by commissioner) are subject to the penalty

provisions of section 320 of the act of May 17, 1921 (P.L.682,

No.284), known as The Insurance Company Law of 1921. Insurers

that do not make a good faith attempt to file an antifraud plan

which complies with section 1812 (relating to content of plans)

shall also be subject to the penalty provisions of section 320

of The Insurance Company Law of 1921, provided that no penalty

may be imposed for the first filing made by an insurer under

this subchapter. Insurers that fail to follow the antifraud

plan shall be subject to a civil penalty for each violation,

not to exceed $10,000, at the discretion of the commissioner

after consideration of all relevant factors, including the

willfulness of any violation.

§ 1816. Confidentiality of plans and reports.

The antifraud plans and reports which insurers file with the

department and any reports or materials related to such reports

are not public records and shall not be subject to public

inspection.

§ 1817. Reporting of insurance fraud.

Every insurer licensed to do business in this Commonwealth,

and its employees, agents, brokers, motor vehicle physical

damage appraisers and public adjusters, or public adjuster

solicitors, who has a reasonable basis to believe insurance

fraud has occurred shall be required to report the incidence

of suspected insurance fraud to Federal, State or local criminal

law enforcement authorities. Licensed insurance agents and

physical damage appraisers may elect to report suspected fraud

through the affected insurer with which they have a contractual

relationship. All reports of insurance fraud to law enforcement

authorities shall be made in writing. Where insurance fraud

involves agents, brokers, motor vehicle physical damage

appraisers, public adjusters or public adjuster solicitors, a

copy of the report shall also be sent to the department.

(Dec. 18, 1992, P.L.1411, No.174, eff. imd.)

§ 1818. Civil immunity.

No person shall be subject to civil liability for libel,

violation of privacy, or otherwise by virtue of the filing of

reports or furnishing of other information, in good faith and

without malice, required by this subchapter.

SUBCHAPTER C

COMPREHENSIVE DATABASE SYSTEM

Sec.

1821. Membership in system.

1822. Warning notice on application for insurance and claim

forms.

1823. Rules and regulations.

1824. Civil immunity.

1825. Use of information (Deleted by amendment).

1826. Annual reports (Deleted by amendment).

Subchapter Heading. The heading of Subchapter C was amended

December 18, 1992, P.L.1411, No.174, effective immediately.

§ 1821. Membership in system.

(a) General rule.--Each motor vehicle insurer shall, as a

condition of authority to transact the business of insurance

in this Commonwealth, obtain and maintain membership in one or

more comprehensive database systems for the purpose of reporting

and accessing motor vehicle insurance claims data and

information.

(b) Requirements for selection.--Any comprehensive database

system selected for membership by a motor vehicle insurer shall

meet the following minimum qualifications:

(1) Have and maintain a computerized database.

(2) Have and maintain the capacity to interact with

other comprehensive database systems or have and maintain a

substantial insurer membership.

(3) Have the ability to service the insurance industry,

insurance regulators or law enforcement authorities on an

interstate basis.

report and access data and information relating to motor vehicle

insurance claims to its comprehensive database systems in

accordance with the systems' reporting procedures.

(d) Availability to law enforcement officials.--Any data

and information reported to a comprehensive database system may

be made available to law enforcement officials.

(e) Payment of expenses.--Each motor vehicle insurer shall

be liable for its share of expenses incurred by any

Pennsylvania-specific data index of which the insurer was a

member prior to the effective date of this act.

(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days)

1992 Amendment. Act 174 deleted by amendment former section

1821 and added a new section 1821.

§ 1822. Warning notice on application for insurance and claim

forms.

Not later than May 1, 1990, all applications for insurance,

renewals and claim forms shall contain a statement that clearly

states in substance the following:

Any person who knowingly and with intent to injure or

defraud any insurer files an application or claim

containing any false, incomplete or misleading

information shall, upon conviction, be subject to

imprisonment for up to seven years and payment of a fine

of up to $15,000.

(Dec. 18, 1992, P.L.1411, No.174, eff. imd.)

1992 Amendment. Act 174 deleted by amendment former section

1822 and renumbered former section 1827 to section 1822.

§ 1823. Rules and regulations.

The department may promulgate such rules and regulations as

may be necessary to carry out this chapter.

(Dec. 18, 1992, P.L.1411, No.174, eff. imd.)

1992 Amendment. Act 174 deleted by amendment former section

1823 and renumbered former section 1828 to section 1823.

§ 1824. Civil immunity.

No person shall be subject to civil liability for libel,

violation of privacy or otherwise by virtue of the filing of

reports or furnishing of other information in good faith and

without malice required by this subchapter.

(Dec. 18, 1992, P.L.1411, No.174, eff. imd.)

1992 Amendment. Act 174 deleted by amendment former section

1824 and renumbered former section 1829 to section 1824.

§ 1825. Use of information (Deleted by amendment).

1992 Amendment. Section 1825 was deleted by amendment

December 18, 1992, P.L.1411, No.174, effective immediately.

§ 1826. Annual reports (Deleted by amendment).

1992 Amendment. Section 1826 was deleted by amendment

December 18, 1992, P.L.1411, No.174, effective immediately.

CHAPTER 19

FEES

Subchapter

A. General Provisions

B. Registration Fees

C. Permits

D. Miscellaneous Fees

Enactment. Chapter 19 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977.

Cross References. Chapter 19 is referred to in section 1307

of this title.

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

1901. Exemption of persons, entities and vehicles from fees.

1902. Exemptions from other fees.

1903. Limitation on local license fees and taxes.

1904. Collection and disposition of fees and moneys.

1905. Payments to special funds.

§ 1901. Exemption of persons, entities and vehicles from fees.

(a) Governmental and quasi-governmental entities.--Except

as otherwise specifically provided in this title, no fees shall

be charged under this title to any of the following:

(1) The Commonwealth.

(2) Political subdivisions.

(3) State and local authorities.

(4) State-related institutions of higher learning.

(5) The Federal Government.

(6) Other states.

(b) Title and registration fees.--No fee shall be charged

for titling or registration of any of the following:

(1) Buses registered by urban mass transportation

systems.

(2) Vehicles registered by volunteer fire, rescue and

ambulance associations. For the purpose of this paragraph,

the department shall exempt a volunteer EMS company,

volunteer ambulance service and nonprofit emergency medical

services agency that is a nonprofit chartered corporation,

association or organization located in this Commonwealth,

that is licensed by the Department of Health. The exemption

shall not include a corporation, association or organization

that is primarily engaged in the operation of invalid coaches

that are intended for the routine transport of persons who

are convalescent or otherwise nonambulatory and do not

ordinarily require emergency medical treatment while in

transit. The department may not use any other method to

determine volunteer status of these organizations.

(3) Vehicles registered by foreign nationals with the

rank of vice consul or higher assigned to a consulate in

this Commonwealth provided that citizens of the United States

are granted reciprocal exemptions.

(4) Vehicles of totally disabled veterans whose

disability is certified by the service unit of the armed

forces in which the veterans served or by the United States

Veterans' Administration as service-connected.

(5) Vehicles on loan or transferred to a nonprofit

corporation by the United States Department of Defense or

the United States General Services Administration and used

exclusively for leasing to political subdivisions, State

agencies and the Federal Government. Such vehicles shall be

issued the same kind of registration plates as are issued

to vehicles registered by political subdivisions.

(6) Vehicles registered to a veteran who lost a limb

or eye or who became partially paralyzed while serving in

the armed forces of the United States.

(7) Vehicles registered to a person who, as a member

of the armed forces of the United States, was captured by

the enemy in any armed conflict for which the Department of

Defense authorizes a campaign medal.

(8) Vehicles registered to a person who has been awarded

the Congressional Medal of Honor or the Purple Heart.

(b.1) Identification card fees.--No fee shall be charged

for an initial or renewal identification card, including for a

photograph required for an initial or renewal identification

card, to an individual who affirms in writing that the

individual is:

(1) homeless, as defined on the effective date of this

subsection in section 103 of the McKinney-Vento Homeless

Assistance Act (Public Law 100-77, 42 U.S.C. § 11302);

(2) a resident of this Commonwealth; and

(3) aware of the prohibitions on unsworn falsification

to authorities set forth in 18 Pa.C.S. § 4904 (relating to

unsworn falsification to authorities).

registration fee shall be charged for vehicles registered by

any of the following but the department shall charge a fee of

$10 to cover the costs of processing for issuing or renewing

the registration:

(1) Hospital.

(2) Humane society.

(3) Nonprofit youth center.

(4) American Red Cross.

(5) Church.

(6) Girl Scouts of America.

(7) Boy Scouts of America.

(8) Salvation Army.

(9) Duly chartered posts of national veterans'

organizations.

(10) Young Men's Christian Association.

(11) Young Men's Hebrew Association.

(12) Young Women's Christian Association.

(13) Young Women's Hebrew Association.

(14) Jewish Community Center.

(15) Nonprofit corporations of musical marching groups

of youths.

(16) (i) Subject to adjustment under subparagraph (ii),

a person who is retired and receiving social security

or other pension and whose total annual income does not

exceed $29,906. Unless the retired person is physically

or mentally incapable of driving the vehicle, the retired

person shall be the principal driver of the vehicle but

may from time to time authorize another person to drive

the vehicle in his or her stead.

(ii) Beginning the first day of January following

the year of the effective date of this subparagraph and

each January 1 thereafter, the maximum total annual

income amount in subparagraph (i) shall be fixed annually

by the department based upon the maximum amount in the

prior year as adjusted to reflect the change in the

Consumer Price Index for All Urban Consumers (CPI-U) for

the United States for all items as published by the

United States Department of Labor, Bureau of Labor

Statistics, for the previous 12-month period. The maximum

amount as adjusted shall be rounded to the nearest

multiple of $1. The department shall transmit notice of

the new maximum amount to the Legislative Reference

Bureau for publication in the Pennsylvania Bulletin.

(17) (Deleted by amendment).

(18) (Deleted by amendment).

(19) (Deleted by amendment).

(20) Nonprofit organizations which care for or otherwise

provide services for the elderly or the infirm.

(21) Nonprofit organizations which principally serve

mentally or physically handicapped or disabled persons.

(22) Nonprofit mobile aviation museum.

(23) Nonprofit corporations that provide ambulance or

emergency medical services.

(d) Limitations.--

(1) Vehicles titled and registered under the provisions

of this section shall be operated and used exclusively for

the purpose for which the vehicles were entitled to the

exemptions from fees.

(2) Only one passenger car or truck with a registered

gross weight of not more than 9,000 pounds may be registered

to any person under the provisions of subsection (b)(4),

(6), (7) and (8) and subsection (c)(16).

(e) Penalty.--Any person violating the provisions of this

section is guilty of a summary offense.

(July 11, 1980, P.L.550, No.113, eff. 60 days; June 23, 1982,

P.L.605, No.171, eff. imd.; Nov. 23, 1982, P.L.689, No.197,

eff. 60 days; Dec. 13, 1985, P.L.327, No.86, eff. Apr. 1, 1986;

June 12, 1986, P.L.252, No.65, eff. 60 days; Dec. 11, 1986,

P.L.1530, No.166, eff. 60 days; July 10, 1990, P.L.370, No.84,

eff. 60 days; Aug. 14, 1991, P.L.342, No.36, eff. imd.; June

11, 1992, P.L.266, No.47, eff. 60 days; Apr. 29, 1994, P.L.148,

No.25, eff. imd.; Dec. 28, 1994, P.L.1450, No.172, eff. 60 days;

Dec. 21, 1998, P.L.1126, No.151; Oct. 24, 2018, P.L.645, No.91,

eff. 120 days; Nov. 25, 2020, P.L.1246, No.131, eff. 60 days;

July 15, 2024, P.L. , No.60, eff. 5 mos.)

2024 Amendment. Act 60 amended subsecs. (c) and (d)(2) and

added subsec. (b)(6), (7) and (8).

2020 Amendment. Act 131 added subsec. (b.1).

2018 Amendment. Act 91 amended subsec. (b)(2).

1998 Amendment. Act 151 amended the section heading and

subsecs. (c)(16) and (d)(2) and added subsec. (c)(23), effective

July 1, 1999, as to subsec. (c)(16) and (23) and 60 days as to

the remainder of the section.

1994 Amendments. Act 25 amended subsec. (a) and Act 172

added subsec. (c)(22).

1992 Amendment. Act 47 added subsec. (b)(5).

1986 Amendments. Act 65 amended subsec. (d) and Act 166

amended subsec. (b).

§ 1902. Exemptions from other fees.

No fee shall be charged under this title for or to any of

the following:

(1) A certificate of title returned to the department

for cancellation.

(2) The replacement of a registration card or plate,

driver's license, learner's permit or certificate of title

lost in the mail if the applicant files an affidavit of

nonreceipt within 90 days of the date of original issuance.

(3) A certificate of salvage.

(4) A certificate of rejection.

(5) A special hauling permit issued to any person:

(i) hauling equipment or materials for use on a

Federal or State emergency relief project; or

(ii) hauling a holiday tree for a governmental

entity at no charge.

(6) A manufacturer, jobber or dealer for a certificate

of title to a motor vehicle, trailer or semitrailer when

assignment of certificate of title accompanies the

application for certificate of title, and when the dealer,

manufacturer or jobber is possessed of current

manufacturer's, dealer's or jobber's registration plates.

(7) The transfer of title to a surviving spouse pursuant

to section 1114 (relating to transfer of vehicle by operation

of law).

(8) Volunteer emergency service personnel who require

a certified driving record for certification under 35 Pa.C.S.

Ch. 81 (relating to emergency medical services system).

(9) A driver record of a school bus driver obtained

electronically from the department by the employer of the

school bus driver or any Federal or state transportation

association of school bus operators on behalf of the employer

where the employer or the association has paid an annual

record access fee established by the department. The

department shall publish notice of the annual fee in the

Pennsylvania Bulletin.

(10) The reissuance of a registration plate, where the

registration plate has been determined by an authorized

representative of the department or law enforcement to be

illegible from a reasonable distance.

(11) Notwithstanding section 1617 (relating to fees),

the change of address on a commercial driver's license,

including a commercial driver's license with a motorcycle

endorsement, if an individual's current address has been

changed by a government entity.

(12) A duplicate registration card ordered at the time

of an online transaction where the applicant prints the

registration credential. This paragraph does not apply to

duplicate registration cards processed by the department or

an agent service of the department in an over-the-counter

transaction or by mail.

(Mar. 7, 1982, P.L.152, No.49, eff. imd.; June 23, 1982,

P.L.605, No.171, eff. imd.; Apr. 16, 1992, P.L.169, No.31, eff.

60 days; June 28, 1993, P.L.137, No.33, eff. 60 days; Dec. 21,

1998, P.L.1126, No.151, eff. imd.; Dec. 1, 2004, P.L.1771,

No.229, eff. 60 days; Nov. 26, 2008, P.L.1658, No.133, eff. 60

days; Oct. 24, 2018, P.L.881, No.138)

2018 Amendment. Act 138 amended par. (8) and added pars.

(11) and (12). Section 5(1) of Act 138 provided that the

amendment of par. (8) shall take effect in 60 days, section

5(2) of Act 138 provided that the addition of par. (11) shall

take effect in 90 days and section 5(3) of Act 138 provided

that the addition of par. (12) shall take effect in one year.

2008 Amendment. Act 133 added par. (10).

2004 Amendment. Act 229 added par. (9).

1998 Amendment. Act 151 amended par. (5).

§ 1903. Limitation on local license fees and taxes.

Except as set forth in section 1935 (relating to fee for

local use), no municipality shall require or collect any

registration or license fee or tax for any vehicle or driver's

license from any person.

(Nov. 25, 2013, P.L.974, No.89, eff. 60 days)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

§ 1904. Collection and disposition of fees and moneys.

(a) General rule.--Except as provided under this section,

the department shall collect all fees payable under this title

and all other moneys received in connection with the

administration of this title and transmit them to the State

Treasurer for deposit in the Motor License Fund. Moneys paid

in error may be refunded by the department.

(b) Disposition.--Fees collected under sections 1951(c)

(relating to driver's license and learner's permit), 1952

(relating to certificate of title), 1953 (relating to security

interest), 1955 (relating to information concerning drivers and

vehicles), 1956 (relating to certified copies of records) and

1958 (relating to certificate of inspection) shall be

transmitted to the State Treasurer for deposit in the following

funds:

(1) For fiscal year 2013-2014:

(i) 33.9% to the Public Transportation Trust Fund;

(ii) 30.7% to the Multimodal Transportation Fund;

and

(iii) 35.4% to the Motor License Fund.

(1.1) For fiscal year 2014-2015:

(i) 43.9% to the Public Transportation Trust Fund;

(ii) 23% to the Multimodal Transportation Fund; and

(iii) 33.1% to the Motor License Fund.

(2) For fiscal years 2015-2016 and 2016-2017:

(i) 66.6% to the Public Transportation Trust Fund;

(ii) 23% to the Multimodal Transportation Fund; and

(iii) 10.4% to the Motor License Fund.

(3) For fiscal years beginning after June 30, 2017:

(i) 77% to the Public Transportation Trust Fund;

and

(ii) 23% to the Multimodal Transportation Fund.

(1) For the initial adjustment, the department shall

do all of the following:

(i) Determine the percentage increase in the

Consumer Price Index for All Urban Consumers for the

period beginning August 1, 2013, and ending January 31,

2015.

(ii) Except as set forth in paragraph (3), apply,

as of July 1, 2015, the increase under subparagraph (i)

to every fee charged under this title.

(2) For subsequent adjustments, the department shall

do all of the following:

(i) Determine the percentage increase in the

Consumer Price Index for All Urban Consumers for the

period beginning February 1, 2015, and ending January

31, 2017, and for each succeeding 24-month period.

(ii) Except as set forth in paragraph (3), apply,

as of July 1, 2017, the increase under subparagraph (i)

to every fee charged under this title.

(3) For fees charged under sections 1916 (relating to

trucks and truck tractors), 1917 (relating to motor buses

and limousines) and 1918 (relating to school buses and school

vehicles), the department shall do all of the following:

(i) Determine the percentage increase in the

Consumer Price Index for All Urban Consumers for the

period beginning February 1, 2017, and ending January

31, 2019, and for each succeeding 24-month period.

(ii) Apply, as of July 1, 2019, the increase under

subparagraph (i) to every fee under this paragraph.

(4) If a fee is increased under this subsection and

results in a fee which is less than a whole dollar, the

following apply:

(i) Except as set forth in subparagraph (ii), the

fee shall be rounded to the nearest whole dollar.

(ii) If the fee is prescribed in a section

referenced in subsection (b), the fee shall be rounded

to the next higher dollar.

(Nov. 25, 2013, P.L.974, No.89, eff. Jan. 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

Cross References. Section 1904 is referred to in section

1506 of Title 74 (Transportation).

§ 1905. Payments to special funds.

(a) Power and duty of State Treasurer.--In accordance with

the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal

Code, the State Treasurer shall administer the designated funds

of the department.

(b) Zoological Enhancement Fund.--Fifteen dollars of each

fee received under section 1355 (relating to zoological plate)

shall be credited to the Zoological Enhancement Fund, created

as follows:

(1) There is hereby established a special account in

the Treasury Department which shall be known as the

Zoological Enhancement Fund. The purpose of the Zoological

Enhancement Fund is to assist Commonwealth nonprofit

zoological institutions accredited by the American Zoo and

Aquarium Association and licensed by the United States

Department of Agriculture to fulfill their conservation,

education and recreation missions to the citizens of this

Commonwealth.

(2) All moneys in the Zoological Enhancement Fund are

hereby annually appropriated to the Department of Commerce

and may be expended for the purposes authorized under this

subsection.

(3) Estimates of amounts to be expended under this

subsection shall be submitted to the Governor by the

Department of Commerce for his approval.

(4) The State Treasurer shall not honor any requisition

for expenditures by the Department of Commerce in excess of

estimates approved by the Governor or in excess of the amount

available for the purposes for which the requisition was

made, whichever is the lesser amount.

shall apply:

(1) The Drug Abuse Resistance Education (DARE) Fund

shall terminate at the end of the 2013-2014 fiscal year.

(2) All money in the Drug Abuse Resistance Education

(DARE) Fund on the effective date of this paragraph shall

be appropriated to the Pennsylvania Commission on Crime and

Delinquency and shall be expended to provide grants to

children's advocacy centers, as defined in 23 Pa.C.S. §

6303(a) (relating to definitions), during fiscal year

2013-2014. All money in the Drug Abuse Resistance Education

(DARE) Fund on the date of termination shall be transferred

to the General Fund.

(3) Estimates of amounts to be expended under this

subsection shall be submitted to the Governor by the

Pennsylvania Commission on Crime and Delinquency for his

approval.

(4) The State Treasurer shall not honor any requisition

for expenditures by the Pennsylvania Commission on Crime and

Delinquency in excess of estimates approved by the Governor

or in excess of the amount available for the purposes for

which the requisition was made, whichever is the lesser

amount.

(d) Pollinator Habitat Program Fund.--Twenty-five dollars

of each fee received under section 1352.2 (relating to

pollinator conservation registration plate) shall be credited

to the Pollinator Habitat Program Fund, established as follows:

(1) The Pollinator Habitat Program Fund is established

as a special fund in the State Treasury for the purpose of

providing support for roadside pollinator initiatives.

(2) All money in the Pollinator Habitat Program Fund

is annually appropriated to the department and may be

expended for the purposes authorized under this subsection.

(3) Estimates of amounts to be expended under this

subsection shall be submitted to the Governor by the

department for approval.

(4) The State Treasurer shall not honor any requisition

for expenditures by the department in excess of estimates

approved by the Governor or in excess of the amount available

for the purposes for which the requisition was made,

whichever is the lesser amount.

(July 6, 1995, P.L.288, No.42, eff. 60 days; July 6, 1995,

P.L.315, No.48, eff. 60 days; Dec. 20, 1995, P.L.669, No.75,

eff. Jan. 1, 1996; Apr. 7, 2014, P.L.381, No.27, eff. 60 days;

Nov. 3, 2022, P.L.1734, No.112, eff. 120 days)

2022 Amendment. Act 112 added subsec. (d).

2014 Amendment. Act 27 amended subsec. (c).

1995 Amendments. Act 42 added section 1905, Act 48 added

section 1905 and Act 75 added subsec. (c). The amendments by

Acts 42 and 48 are identical and therefore have been merged.

References in Text. The Department of Commerce, referred

to in subsec. (b), was renamed the Department of Community and

Economic Development by Act 58 of 1996.

SUBCHAPTER B

REGISTRATION FEES

Sec.

1911. Registration fees.

1912. Passenger cars.

1913. Motor homes.

1914. Motorcycles.

1915. Motor-driven cycles.

1916. Trucks and truck tractors.

1917. Motor buses and limousines.

1918. School buses and school vehicles.

1919. Reduced combustion vehicles (Expired).

1920. Trailers.

1920.1. Recreational trailers and recreational cargo trailers.

1920.2. Special procedures for trailer registration.

1921. Special mobile equipment.

1922. Implements of husbandry.

1923. Antique, classic and collectible vehicles.

1924. Farm vehicles.

1925. Ambulances, taxis and hearses.

1925.1. Limousines.

1926. Dealers and miscellaneous motor vehicle business.

1926.1. Farm equipment vehicle dealers.

1926.2. Fleet owner transporter plate.

1927. Transfer of registration.

1928. Temporary and electronically issued registration plates.

1929. Replacement registration plates.

1930. Legislative registration plates.

1931. Personal and organization registration plates.

1931.1. Street rod registration plates.

1932. Duplicate registration cards.

1933. Commercial implements of husbandry.

1934. General reissuance.

1935. Fee for local use.

Cross References. Subchapter B is referred to in section

1331 of this title.

§ 1911. Registration fees.

(a) General rule.--A fee for the registration of vehicles

as provided in Chapter 13 (relating to the registration of

vehicles) shall be charged by the department as provided in

this title.

(b) Department to establish certain fees.--If a vehicle to

be registered is of a type not specifically provided for by

this title and is otherwise eligible for registration, the

department shall determine the most appropriate fee or fee

schedule for the vehicle or type of vehicle based on such

factors as design and intended use.

(Nov. 25, 2013, P.L.974, No.89, eff. Dec. 31, 2016)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

§ 1912. Passenger cars.

The annual fee for registration of a passenger car shall be

$36.

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1912 is referred to in sections

1926.2, 9511.11 of this title.

§ 1913. Motor homes.

The annual fee for registration of a motor home shall be

determined by its registered gross weight in pounds according

to the following table:

Registered Gross

FeeWeight in PoundsClass

$658,000 or less1

908,001 - 11,0002

11611,001 or more3

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013,

P.L.974, No.89, eff. July 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1913 is referred to in sections

1926, 9511.11 of this title.

§ 1914. Motorcycles.

The annual fee for registration of a motorcycle other than

a motor-driven cycle shall be $18.

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1914 is referred to in section

9511.11 of this title.

§ 1915. Motor-driven cycles.

The annual fee for registration of a motor-driven cycle shall

be $9.

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1915 is referred to in section

9511.11 of this title.

§ 1916. Trucks and truck tractors.

(a) General rule.--

(1) The annual fee for registration of a truck or truck

tractor shall be determined by its registered gross weight

or combination weight in pounds according to the following

table:

Registered Fees

Fiscal

Year

2017-2018

Fiscal

Year

2016-2017

Fiscal

Year

2015-2016

Fiscal

Year

2014-2015

Fiscal

Year

2013-2014

Gross or

Combination

Weight in

PoundsClass

$62$62$60$60$58.505,000 or less1

86868383815,001 - 7,0002

1641641581581537,001 - 9,0003

2122122042041989,001 - 10,0004A

21221220420419810,001 - 11,0004B

32330328326324311,001 - 14,0005

38335933631228814,001 - 17,0006

473443414385355.5017,001 - 21,0007

53950547243840521,001 - 26,0008

628589550511472.5026,001 - 30,0009

75470766161456730,001 - 33,00010

82677572367262133,001 - 36,00011

87482076571165736,001 - 40,00012

928870813755697.5040,001 - 44,00013

999937875813751.5044,001 - 48,00014

1,1011,03396589682848,001 - 52,00015

1,1731,1001,02895588252,001 - 56,00016

1,3291,2461,1641,08199956,001 - 60,00017

1,4871,3871,2951,2031,111.5060,001 - 64,00018

1,5501,4541,3581,2621,165.5064,001 - 68,00019

1,6641,5611,4571,354125168,001 - 73,28020

2,1251,9931,8611,7291,597.5073,281 - 76,00021

2,1732,0381,9031,7681,633.5076,001 - 78,00022

2,1962,0601,9241,7881,651.5078,001 - 78,50023

2,2202,0831,9451,8071,669.5078,501 - 79,00024

2,2442,1051,9661,8271,687.5079,001 - 80,00025

(2) A portion of the registration fee for any truck or

truck tractor in Classes 9 through 25 shall be deposited in

the Highway Bridge Improvement Restricted Account within the

Motor License Fund according to the following table:

Amount Deposited in

Highway Bridge Improvement

Restricted AccountClasses

$ 729-12

10813-17

14418-20

18021-25

(3) A registration fee for a motor carrier vehicle in

excess of 17,000 pounds shall be refunded if the vehicle is

stolen or demolished and the vehicle has a nonrepairable

certificate or certificate of salvage. The refund shall be

prorated based on the number of months the vehicle was

operational.

(4) In the case of apportioned registrations, only the

fees paid for the Commonwealth portion of the fees shall be

eligible for a refund.

(b) Optional registration.--Any vehicle falling within the

range of weights for Classes 1 through 4, inclusive, shall

notwithstanding any gross vehicle weight stamped on the

manufacturer's serial plate, be registered, upon request of the

person making application for registration, at the maximum

allowable gross or combination weight for the particular weight

class within which the gross vehicle weight determined by the

manufacturer causes such vehicle to fall.

(Feb. 15, 1980, P.L.12, No.8, eff. imd.; June 18, 1980, P.L.229,

No.68, eff. 60 days; Dec. 8, 1982, P.L.842, No.234, eff. Apr.

1, 1983; July 13, 1987, P.L.303, No.56, eff. imd.; Apr. 17,

1997, P.L.6, No.3, eff. Jan. 1, 1998; Dec. 23, 2002, P.L.1982,

No.229, eff. 6 months; Nov. 25, 2013, P.L.974, No.89, eff. Jan.

1, 2015; Nov. 4, 2016, P.L.1277, No.165)

2016 Amendment. Act 165 added subsec. (a)(3) and (4),

effective in 90 days as to the addition of subsec. (a)(3) and

60 days as to the addition of subsec. (a)(4).

2013 Amendment. Act 89 amended subsec. (a). See the preamble

to Act 89 in the appendix to this title for special provisions

relating to legislative findings and declarations.

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1916 is referred to in sections

1904, 1926, 1926.2, 9511.11 of this title.

§ 1917. Motor buses and limousines.

The annual fee for registration of a motor bus or a limousine

shall be determined by its seating capacity according to the

following:

(1) If the seating capacity is less than 27:

(i) For fiscal year 2013-2014, $9 per seat.

(ii) For fiscal year 2014-2015, $10 per seat.

(iii) For fiscal year 2015-2016, $11 per seat.

(iv) For fiscal year 2016-2017, $12 per seat.

(v) For fiscal years beginning after June 30, 2017,

$13 per seat.

(2) If the seating capacity is more than 26 but less

than 52:

(i) For fiscal year 2013-2014, $234 plus $11.25 for

each seat beyond 26.

(ii) For fiscal year 2014-2015, $259.50 plus $13

for each seat beyond 26.

(iii) For fiscal year 2015-2016, $285 plus $14 for

each seat beyond 26.

(iv) For fiscal year 2016-2017, $310.50 plus $15

for each seat beyond 26.

(v) For fiscal years beginning after June 30, 2017,

$336 plus $16 for each seat beyond 26.

(3) If the seating capacity is more than 51:

(i) For fiscal year 2013-2014, $540.

(ii) For fiscal year 2014-2015, $600.

(iii) For fiscal year 2015-2016, $660.

(iv) For fiscal year 2016-2017, $720.

(v) For fiscal years beginning after June 30, 2017,

$775.

(May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; Apr. 17, 1997,

P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013, P.L.974, No.89,

eff. Jan. 1, 2015)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1917 is referred to in sections

1904, 1925.1, 9511.11 of this title.

§ 1918. School buses and school vehicles.

The annual fee for registration of a school bus or school

vehicle shall be determined as follows:

(1) For fiscal year 2013-2014, $24.

(2) For fiscal year 2014-2015, $27.

(3) For fiscal year 2015-2016, $30.

(4) For fiscal year 2016-2017, $33.

(5) For fiscal years beginning after June 30, 2017,

$35.

(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days; Nov. 25, 2013,

P.L.974, No.89, eff. Jan. 1, 2015)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

Cross References. Section 1918 is referred to in section

1904 of this title.

§ 1919. Reduced combustion vehicles (Expired).

1996 Expiration. Section 1919 expired December 31, 1996.

See Act 139 of 1992.

§ 1920. Trailers.

(a) General rule.--The annual fee for registration of a

trailer shall be determined by its registered gross weight

according to the following table:

Registered Gross

FeeWeight in Pounds

$ 63,000 or less

123,001 - 10,000

3510,001 or more

(b) Optional five-year registration.--A trailer with a

registered gross weight of 10,000 pounds or less may be

registered for a period of five years upon payment by the

registrant of the applicable fee for such period.

(1) A trailer with a registered gross weight of 10,001

or more pounds may be registered for a one-time fee of $165

in lieu of the annual fee at the option of the registrant.

(2) A permanent registration of a trailer under this

section may be transferred to another trailer one time upon

payment of the fee under section 1927 (relating to transfer

of registration).

(June 18, 1980, P.L.229, No.68, eff. 60 days; Apr. 17, 1997,

P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013, P.L.974, No.89)

2013 Amendment. Act 89 amended subsecs. (a) and (c),

effective July 1, 2014, as to subsecs. (a) and (c)(1) and

January 1, 2015, as to subsec. (c)(2). See the preamble to Act

89 in the appendix to this title for special provisions relating

to legislative findings and declarations.

Cross References. Section 1920 is referred to in sections

1307, 1926, 1926.2 of this title.

§ 1920.1. Recreational trailers and recreational cargo

trailers.

(a) General rule.--The annual fee for registration of a

recreational trailer or recreational cargo trailer shall be

determined by its registered gross weight according to the

following table:

Registered Gross

FeeWeight in Pounds

$128,000 or less

358,001 - 13,000

9013,001 or more

(b) Optional five-year registration.--A recreational trailer

or recreational cargo trailer with a registered gross weight

of 13,000 pounds or less may be registered for a period of five

years upon payment by the registrant of the applicable fee for

such period.

(1) A recreational trailer or recreational cargo trailer

with a registered gross weight of 13,001 or more pounds may

be registered for a one-time fee of $425 in lieu of the

annual fee at the option of the registrant.

(2) A permanent registration of a recreational trailer

or recreational cargo trailer under this section may be

transferred to another recreational trailer or recreational

cargo trailer one time upon payment of the fee under section

1927 (relating to transfer of registration).

(Oct. 24, 2018, P.L.881, No.138, eff. one year)

2018 Amendment. Act 138 added section 1920.1.

§ 1920.2. Special procedures for trailer registration.

(a) General rule.--Application for certificate of title and

the registration of a trailer, including a recreational trailer

or recreational cargo trailer, shall be made upon an appropriate

form furnished by the department. Department information shall

contain the definitions of recreational trailer and recreational

cargo trailer as set forth under section 102 (relating to

definitions).

(b) Penalty.--An applicant who falsely certifies that a

trailer is a recreational trailer or recreational cargo trailer

on an application for a trailer registration is subject to the

penalty under 18 Pa.C.S. § 4904(b) (relating to unsworn

falsification to authorities).

(Oct. 24, 2018, P.L.881, No.138, eff. one year)

2018 Amendment. Act 138 added section 1920.2.

§ 1921. Special mobile equipment.

The annual fee for registration of special mobile equipment

shall be $52.

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013,

P.L.974, No.89, eff. July 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1921 is referred to in section

9511.11 of this title.

§ 1922. Implements of husbandry.

The annual fee for registration of an implement of husbandry

not exempt from registration under this title shall be $26.

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013,

P.L.974, No.89, eff. July 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1922 is referred to in section

9511.11 of this title.

§ 1923. Antique, classic and collectible vehicles.

The fee for registration of an antique, classic or

collectible motor vehicle shall be $75.

(Dec. 20, 1995, P.L.669, No.75, eff. 120 days; Apr. 17, 1997,

P.L.6, No.3, eff. July 1, 1997)

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1923 is referred to in section

9511.11 of this title.

§ 1924. Farm vehicles.

(a) General rule.--The annual fee for registration of a

farm vehicle shall be $110 or one-third of the regular fee,

whichever is greater.

(b) Certificate of exemption.--The biennial processing fee

for a certificate of exemption issued in lieu of registration

of a farm vehicle shall be determined by the type of certificate

issued and the gross weight or combination weight or weight

rating according to the following table:

FeeWeight in poundsCertificate type

$2410,000 or lessType A

greater than 10,000 andType B

not exceeding 17,000

50greater than 17,000Type C

100greater than 17,000Type D

(July 20, 1979, P.L.168, No.55, eff. imd.; May 20, 1993, P.L.30,

No.10, eff. 60 days; Dec. 7, 1994, P.L.820, No.115, eff. 60

days; July 6, 1995, P.L.246, No.30, eff. imd.; Apr. 17, 1997,

P.L.6, No.3, eff. July 1, 1997; Oct. 24, 2012, P.L.1407, No.174,

eff. 60 days; Nov. 25, 2013, P.L.974, No.89, eff. July 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

1995 Amendment. See section 5 of Act 30 in the appendix to

this title for special provisions relating to equipment

standards and inspection criteria.

Cross References. Section 1924 is referred to in section

9511.11 of this title.

§ 1925. Ambulances, taxis and hearses.

The annual fee for registration of an ambulance, taxi or

hearse shall be $77.

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013,

P.L.974, No.89, eff. July 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1925 is referred to in section

9511.11 of this title.

§ 1925.1. Limousines.

The department shall issue registration plates for limousines

for an annual fee as prescribed in section 1917 (relating to

motor buses and limousines). The limousine registration plate

shall be issued only to vehicles used as limousines for the

transportation of persons for compensation.

(May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; June 11, 1992,

P.L.266, No.47, eff. 60 days)

§ 1926. Dealers and miscellaneous motor vehicle business.

(a) General rule.--The annual fee for a dealer registration

plate or miscellaneous motor vehicle business plate shall be

$52.

(b) Motorcycle dealers.--The annual fee for each dealer

registration plate issued to a motorcycle dealer other than a

motor-driven cycle dealer shall be $26.

dealer registration plate issued to a motor-driven cycle dealer

shall be $13.

(d) Multipurpose dealer registration plate.--The annual fee

for a multipurpose dealer registration plate shall be the

appropriate fee specified in section 1913 (relating to motor

homes) for motor homes, the appropriate fee specified in section

1916 (relating to trucks and truck tractors) for trucks and

truck tractors and the appropriate fee specified in section

1920(a) (relating to trailers) for trailers.

(Aug. 5, 1991, P.L.238, No.26, eff. 120 days; Apr. 17, 1997,

P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013, P.L.974, No.89,

eff. July 1, 2014)

2013 Amendment. Act 89 amended subsecs. (a), (b) and (c).

See the preamble to Act 89 in the appendix to this title for

special provisions relating to legislative findings and

declarations.

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1926 is referred to in section

9511.11 of this title.

§ 1926.1. Farm equipment vehicle dealers.

The annual fee for registration of a farm equipment dealer

truck or truck tractor shall be one-half of the regular fee or

$349, whichever is greater.

(Aug. 5, 1991, P.L.238, No.26, eff. 120 days; Apr. 17, 1997,

P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013, P.L.974, No.89,

eff. July 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1926.1 is referred to in section

9511.11 of this title.

§ 1926.2. Fleet owner transporter plate.

The annual fee for a fleet owner transporter plate shall be

the appropriate fee specified in section 1912 (relating to

passenger cars), 1916 (relating to trucks and truck tractors)

or 1920(a) (relating to trailers).

(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days)

1992 Amendment. Act 174 added section 1926.2.

§ 1927. Transfer of registration.

The fee for transfer of registration shall be $9.

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013,

P.L.974, No.89, eff. July 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1927 is referred to in sections

1920, 1920.1, 9511.11 of this title.

§ 1928. Temporary and electronically issued registration

plates.

The fee payable by a dealer or other dispensing agent for a

temporary registration plate or for a registration plate to be

issued for new registration processed electronically with the

department shall be $14. The charge of the agent for providing

an applicant with a plate under this section shall not exceed

a total of $14.

(June 18, 1980, P.L.229, No.68, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; Nov. 25, 2013, P.L.974, No.89,

eff. July 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

§ 1929. Replacement registration plates.

The fee for a replacement registration plate other than a

legislative or personal plate shall be $11.

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013,

P.L.974, No.89, eff. July 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1929 is referred to in sections

1786, 9511.11 of this title.

§ 1930. Legislative registration plates.

The fee for issuance of a legislative registration plate

shall be $76 which shall be in addition to the annual

registration fee. Only one payment of the issuance fee shall

be charged for each legislative registration plate issued or

replaced.

(Nov. 25, 2013, P.L.974, No.89, eff. July 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

§ 1931. Personal and organization registration plates.

(a) Personal registration plates.--The fee for issuance of

a personal registration plate shall be $76 which shall be in

addition to the annual registration fee. Only one payment of

the issuance fee shall be charged for each personal registration

plate issued or replaced.

(b) Organization registration plates.--The fee for issuance

of an organization registration plate shall be $25 which shall

be in addition to the annual registration fee. Only one payment

of the issuance fee shall be charged for each organization

registration plate issued or replaced.

(Nov. 25, 2013, P.L.974, No.89, eff. July 1, 2014; July 2, 2014,

P.L.988, No.109, eff. 60 days)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

Cross References. Section 1931 is referred to in sections

1352.1, 1354.1, 1355.1 of this title.

§ 1931.1. Street rod registration plates.

The fee for the issuance of a street rod registration plate

shall be $51 which shall be in addition to the annual

registration fee. Only one payment of the issuance fee shall

be charged for each street rod registration plate issued or

replaced.

(July 10, 1981, P.L.250, No.82, eff. imd.; Nov. 25, 2013,

P.L.974, No.89, eff. July 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

§ 1932. Duplicate registration cards.

The fee for each duplicate registration card when ordered

at the time of vehicle registration, the transfer or renewal

of registration or the replacement of a registration plate shall

be $2. The fee for each duplicate registration card issued at

any other time shall be $6.

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; Nov. 25, 2013, P.L.974, No.89,

eff. Jan. 1, 2015)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1932 is referred to in sections

1786, 9511.11 of this title.

§ 1933. Commercial implements of husbandry.

The annual fee for registration of a commercial implement

of husbandry shall be $110 or one-half of the regular fee,

whichever is greater.

(Dec. 18, 1992, P.L.1411, No.174, eff. imd.; Apr. 17, 1997,

P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013, P.L.974, No.89,

eff. July 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1933 is referred to in section

9511.11 of this title.

§ 1934. General reissuance.

No fee shall be charged under this title for any registration

plate issued as a result of the department's order of a general

reissuance of registration plates provided the registration

plate is issued at the time designated by the department. This

section shall supersede any other provision in this title which

prescribes a fee for the issuance of a registration plate.

(Dec. 21, 1998, P.L.1126, No.151, eff. July 1, 1999)

1998 Amendment. Act 151 added section 1934.

Cross References. Section 1934 is referred to in section

1331 of this title.

§ 1935. Fee for local use.

(a) Establishment of fund.--A special fund is established

within the State Treasury to be known as the Fee for Local Use

Fund. Money in the fund is appropriated to the department for

the purposes set forth in this section.

(b) Levy.--Beginning after December 31, 2014, a county may,

in its discretion, by ordinance, impose an annual fee of $5 for

each nonexempt vehicle registered to an address located in the

county. A county shall notify the department of the passage of

the ordinance 90 days prior to the effective date of the

ordinance.

under subsection (b) at the time a vehicle is registered and

shall deposit the money in the Fee for Local Use Fund.

(d) Distribution.--Money paid into the Fee for Local Use

Fund shall be distributed by the department to each

participating county in accordance with the amounts collected

from the county. Funds payable to a county under this section

shall be added to funds payable to the county under section

9010(b) (relating to disposition and use of tax) and shall be

used by the county for transportation purposes or be allocated

by the county in accordance with section 9010(c).

(Nov. 25, 2013, P.L.974, No.89, eff. Jan. 1, 2015; Oct. 24,

2018, P.L.645, No.91, eff. 120 days)

2018 Amendment. Act 91 amended subsecs. (b) and (c). Section

7 of Act 91 provided that the amendment of subsecs. (b) and (c)

shall apply to registrations issued or renewed on or after the

effective date of section 7.

2013 Amendment. Act 89 added section 1935. See the preamble

to Act 89 in the appendix to this title for special provisions

relating to legislative findings and declarations.

Cross References. Section 1935 is referred to in section

1903 of this title.

SUBCHAPTER C

PERMITS

Sec.

1941. Scope of subchapter.

1942. Special hauling permits as to weight and size.

1943. Annual hauling permits.

1944. Mobile homes, modular housing units and modular housing

undercarriages.

1945. Books of permits.

1946. Movements requiring special escort.

1947. Refund of certain fees.

1948. Chemical and fertilizer vehicle permits (Repealed).

1949. Construction trucks (Deleted by amendment).

1950. Fee for migrant farm vehicle (Repealed).

§ 1941. Scope of subchapter.

This subchapter prescribes fees payable to the department

for permits covering movements on State highways and does not

limit the right of local authorities to prescribe fees for

permits for movements on streets and highways under their

jurisdiction.

§ 1942. Special hauling permits as to weight and size.

(a) Fee schedule.--The fee for a special hauling permit for

each movement of an overweight or oversize vehicle or load, or

both, shall be as follows:

(1) Oversize vehicle or load, or both, having a width

up to 14 feet and not exceeding legal weight limit, $35.

(2) Oversize vehicle or load, or both, having a width

exceeding 14 feet and not exceeding any legal weight limit,

$71.

(3) Vehicle and load weighing in excess of legal weight

limit, 4¢ per mile per ton by which the gross weight exceeds

the registered gross weight.

(b) Cumulative fees.--Fees under subsection (a) are

cumulative so that a vehicle and load which are both oversize

and overweight would be subject to a fee under subsection (a)(1)

or (2) and subsection (a)(3).

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Nov. 25, 2013,

P.L.974, No.89, eff. July 1, 2014)

2013 Amendment. Act 89 amended subsec. (a). See the preamble

to Act 89 in the appendix to this title for special provisions

relating to legislative findings and declarations.

§ 1943. Annual hauling permits.

(a) Quarry equipment and machinery.--The annual fee for

operation or movement of each piece of heavy quarry equipment

or machinery, as provided for in section 4966 (relating to

permit for movement of quarry equipment), shall be $706.

(b) Implements of husbandry.--(Repealed).

or movement of loads or vehicles, as provided for in section

4968 (relating to permit for movement during course of

manufacture), shall be as follows:

(1) Oversized movements:

(i) Movements limited to daylight hours only - $130.

(ii) Movements that can be conducted 24 hours per

day - $1,300.

(2) Overweight movements:

(i) Movements not exceeding 100,000 pounds gross

weight:

(A) Not more than one mile in distance - $69.

(B) More than one mile in distance - $750.

(ii) Movements in excess of 100,000 pounds gross

weight - $756, plus $152 for each mile of highway

authorized under the permit.

(d) Multiple highway crossings.--The annual fee for a single

permit for multiple highway crossings, as provided for in

section 4965 (relating to single permits for multiple highway

crossings), shall be $415.

(e) Vehicles with oversize wheels and tires.--(Deleted by

amendment).

(e.1) Special mobile equipment.--The annual fee for hauling

or towing each piece of special mobile equipment, as provided

for in section 4975 (relating to permit for movement of special

mobile equipment), shall be $300.

(f) Containerized cargo.--The annual company fee for

movement of any combination with overweight containerized cargo

as provided for in section 4974 (relating to permit for movement

of containerized cargo) shall be:

(1) $155 for a motor carrier requesting permits for up

to 15 truck tractors.

(2) $233 for a motor carrier requesting permits for 16

to 50 truck tractors.

(3) $388 for a motor carrier requesting permits for 51

to 100 truck tractors.

(4) $544 for a motor carrier requesting permits for 101

to 150 truck tractors.

(5) $622 for a motor carrier requesting permits for 151

or more truck tractors.

(g) Domestic animal feed.--The annual fee for movement of

each vehicle hauling domestic animal feed, in bulk, as provided

for in section 4976 (relating to permit for movement of domestic

animal feed) shall be $587.

(g.1) Eggs.--The annual fee for movement of each vehicle

hauling eggs as provided for in section 4976.2 (relating to

permit for movement of eggs) shall be $400.

(h) Movement of wooden structures.--The annual fee for

movement of wooden structures as provided for in section 4977

(relating to permit for movement of wooden structures) shall

be $1,468.

(i) Live domestic animals.--The annual permit fee for each

truck tractor authorized to transport live domestic animals,

as provided in section 4976.1 (relating to permit for movement

of live domestic animals), shall be $520.

(j) Building structural components.--The permit fee for

each truck tractor authorized to transport building structural

components, as provided in section 4978 (relating to permit for

movement of building structural components), shall be $141 for

each month the permit is valid.

(k) Utility construction equipment.--The permit fee for

utility construction equipment, as provided for in section

4970(a) (relating to permit for movement of construction

equipment), shall be $141 for each month the permit is valid.

(l) Particleboard or fiberboard.--The annual fee for

movement of particleboard or fiberboard, as provided for in

section 4979 (relating to permit for movement of particleboard

or fiberboard used for the manufacture of ready-to-assemble

furniture), shall be $1,130.

(m) Bulk refined oil.--The annual fee for movement of bulk

refined oil, as provided for in section 4979.1 (relating to

permit for movement of bulk refined oil), shall be:

(1) $1,130 for a distance up to 50 miles.

(2) $1,690 for a distance of more than 50 miles up to

125 miles.

(n) Waste coal and beneficial combustion ash.--The annual

fee for the movement of waste coal and beneficial combustion

ash, as provided for in section 4979.2 (relating to permit for

movement of waste coal and beneficial combustion ash), shall

be $565.

(o) Float glass or flat glass.--The annual fee for the

movement of float glass or flat glass, as provided for in

section 4979.3 (relating to permit for movement of float glass

or flat glass for use in construction and other end uses), shall

be $1,209.

(p) Self-propelled cranes.--The annual permit fee for each

self-propelled crane, as provided for in section 4979.4

(relating to permit for movement of self-propelled cranes),

shall be as follows:

(1) Cranes not exceeding 100,000 pounds gross weight,

prorated up to a maximum of $553.

(2) Cranes in excess of 100,000 pounds gross weight,

prorated up to a maximum of $139 plus $69 for each mile of

highway authorized under the permit.

(q) Construction equipment.--The annual fee for the movement

of construction equipment shall be $520.

(q.1) Nonhazardous liquid glue.--The annual fee for the

movement of nonhazardous liquid glue, as provided for in section

4979.5 (relating to permit for movement of nonhazardous liquid

glue), shall be $1,000.

(q.2) Waste tires.--The annual fee for the movement of waste

tires under section 4979.6 (relating to permit for movement of

waste tires) shall be $845.

(r) Excess damage permit.--The annual fee for excess damage

permits, as provided for in section 4961(d) (relating to

authority to issue permits), shall be $640 to cover the costs

of administering the permit and inspections of the involved

highway.

(July 20, 1979, P.L.168, No.55, eff. imd.; Nov. 29, 1985,

P.L.316, No.81, eff. 60 days; May 20, 1993, P.L.30, No.10, eff.

60 days; Dec. 28, 1994, P.L.1450, No.172, eff. 60 days; July

6, 1995, P.L.315, No.48, eff. 60 days; Dec. 20, 1995, P.L.669,

No.75, eff. 60 days; July 11, 1996, P.L.660, No.115; Dec. 21,

1998, P.L.1126, No.151, eff. 60 days; June 25, 1999, P.L.164,

No.23, eff. 60 days; June 22, 2001, P.L.559, No.37, eff. 60

days; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; Oct. 19,

2010, P.L.557, No.81, eff. 60 days; Oct. 24, 2012, P.L.1473,

No.187, eff. 60 days; Nov. 25, 2013, P.L.974, No.89, eff. July

1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

2010 Amendment. The preamble of Act 81 provided that Act

81 may be referred to as the Sgt. Michael C. Weigand Law.

§ 1944. Mobile homes, modular housing units and modular housing

undercarriages.

The fee for a special hauling permit for a mobile home,

modular housing unit or modular housing undercarriage which

exceeds the maximum size prescribed in this title but which

does not exceed 14 feet in body width shall be $39. The fee for

a special hauling permit for a mobile home or modular housing

unit, as provided in section 4973 (relating to permits for

movement of a mobile home, a manufactured home or a modular

housing unit and modular housing undercarriage), shall be $76.

(Mar. 7, 1982, P.L.152, No.49, eff. imd.; Dec. 7, 1994, P.L.820,

No.115, eff. imd.; Dec. 28, 1994, P.L.1450, No.172, eff. 60

days; Nov. 25, 2013, P.L.974, No.89, eff. July 1, 2014; June

30, 2014, P.L.814, No.85, eff. 60 days)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

§ 1945. Books of permits.

(a) General rule.--Upon request, permits for movement of

oversize vehicles or loads, the dimensions of which do not

exceed those specified by the department, will be issued in

booklet form, containing a convenient number of permits. For

each movement, one permit shall be removed from the booklet,

dated, trip data entered and carried in the towing vehicle.

(b) Penalty.--Any person violating any of the provisions

of this section is guilty of a summary offense and shall, upon

conviction, be sentenced to pay a fine of $1,000.

(July 1, 1989, P.L.115, No.24, eff. 60 days; Nov. 25, 2013,

P.L.974, No.89, eff. July 1, 2014)

2013 Amendment. Act 89 amended subsec. (b). See the preamble

to Act 89 in the appendix to this title for special provisions

relating to legislative findings and declarations.

1989 Amendment. Act 24 amended subsec. (a).

§ 1946. Movements requiring special escort.

When a special escort is required, as provided for in section

4962 (relating to conditions of permits and security for

damages), the cost of the escort shall be paid by the permittee.

The department, the Pennsylvania State Police and local

authorities may establish schedules of fees for escort costs

based on mileage or otherwise.

(Dec. 21, 1998, P.L.1126, No.151, eff. imd.)

§ 1947. Refund of certain fees.

The portion of the fee of an unused overweight permit based

on ton-miles or the fee for an unused escort, or both, may be

refunded upon payment of a processing fee of $38.

(Nov. 25, 2013, P.L.974, No.89, eff. July 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

§ 1948. Chemical and fertilizer vehicle permits (Repealed).

1993 Repeal. Section 1948 was repealed May 20, 1993, P.L.30,

No.10, effective in 60 days.

§ 1949. Construction trucks (Deleted by amendment).

1998 Amendment. Section 1949 was deleted by amendment

December 21, 1998, P.L.1126, No.151, effective immediately.

§ 1950. Fee for migrant farm vehicle (Repealed).

1993 Repeal. Section 1950 was repealed May 20, 1993, P.L.30,

No.10, effective in 60 days.

SUBCHAPTER D

MISCELLANEOUS FEES

Sec.

1951. Driver's license and learner's permit.

1952. Certificate of title.

1953. Security interest.

1954. Approval of vehicle equipment and testing devices.

1955. Information concerning drivers and vehicles.

1956. Certified copies of records.

1957. Uncollectible checks.

1958. Certificate of inspection.

1959. Messenger service.

1960. Reinstatement of operating privilege or vehicle

registration.

1961. Secure power of attorney.

§ 1951. Driver's license and learner's permit.

(a) Driver's license.--The driver's license fee for each

year or partial year shall be $5.25 plus the cost of the

photograph required in section 1510(a) (relating to issuance

and content of driver's license).

(b) Learner's permit.--The fee for a learner's permit shall

be $5.

card shall be $19 plus the cost of the photograph.

(d) Replacement license or card.--The fee for a replacement

driver's license or identification card shall be $19 plus the

cost of the photograph.

(Dec. 7, 1994, P.L.820, No.115, eff. 60 days; Dec. 9, 2002,

P.L.1278, No.152, eff. 120 days; Nov. 25, 2013, P.L.974, No.89,

eff. Apr. 1, 2014)

2013 Amendment. Act 89 amended subsecs. (c) and (d). See

the preamble to Act 89 in the appendix to this title for special

provisions relating to legislative findings and declarations.

2002 Amendment. Act 152 amended subsec. (a).

Cross References. Section 1951 is referred to in sections

1547, 1554, 1904, 3805, 3808 of this title.

§ 1952. Certificate of title.

(a) General rule.--The fee for issuance of a certificate

of title shall be $50.

(b) Manufacturer's or dealer's notification.--The fee for

a manufacturer's or dealer's notification of acquisition of a

vehicle from another manufacturer or dealer for resale pursuant

to section 1113 (relating to transfer to or from manufacturer

or dealer) shall be $5.

(June 18, 1980, P.L.229, No.68, eff. 60 days; Apr. 17, 1997,

P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013, P.L.974, No.89,

eff. Apr. 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

1997 Amendment. See section 20 of Act 3 in the appendix to

this title for special provisions relating to additional revenue

from fee increases.

Cross References. Section 1952 is referred to in sections

1115, 1904, 9511.11 of this title.

§ 1953. Security interest.

The fee for recording or changing the amount of security

interest on a certificate of title shall be $23.

(Nov. 25, 2013, P.L.974, No.89, eff. Apr. 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

Cross References. Section 1953 is referred to in sections

1132.1, 1904 of this title.

§ 1954. Approval of vehicle equipment and testing devices.

The department is authorized to charge reasonable fees for

the approval of vehicle equipment and testing devices under the

provisions of section 4104 (relating to testing and approval

of equipment) except that:

(1) fees for other testing shall be based on the cost

of operating the department equipment approval program and

shall not exceed similar fees charged by the American

Association of Motor Vehicle Administrators; and

(2) no fee shall be charged for approval based on

certifications of the American Association of Motor Vehicle

Administrators.

§ 1955. Information concerning drivers and vehicles.

(a) Drivers, registrations, titles and security interests.--

(1) The fee for a copy of written or electronic

information relating to a driver, registration, title or

security interest shall be $8.

(2) If a Commonwealth agency has entered into a contract

with a third party to deliver driver information to a person

that has complied with section 6114(b)(5) (relating to

limitation on sale, publication and disclosure of records),

the department may impose an additional fee of up to $2 for

the requested record.

(3) Upon approval from the department, a person that

has received the driver information from the third party

under paragraph (2) that has complied with section 6114(b)(5)

may provide the information, for a fee, to a third party for

the same purposes contained in section 6114(b)(5) without

the payment of any additional fees under this subsection to

the department.

(4) Except as provided in paragraph (3), a person that

sells, publishes or discloses or offers to sell, publish or

disclose the information received by the person under this

subsection commits a summary offense and shall, upon

conviction, be sentenced to pay a fine of not less than $500

nor more than $1,000.

(5) The department shall comply with the provisions of

section 6114(d) with respect to the information of a driver

under 18 years of age whose information is provided to any

person under this subsection.

(b) Other data and information.--The department may charge

to any person or governmental or quasi-governmental entity a

reasonable fee based on the cost to the department of compiling

data and statistical information upon request.

(June 18, 1980, P.L.229, No.68, eff. 60 days; Dec. 7, 1994,

P.L.820, No.115, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151,

eff. imd.; Nov. 25, 2013, P.L.974, No.89)

2013 Amendment. Act 89 amended subsec. (a), effective

immediately as to subsec. (a)(2) and April 1, 2014, as to

subsec. (a)(1), (3), (4) and (5). See the preamble to Act 89

in the appendix to this title for special provisions relating

to legislative findings and declarations.

Cross References. Section 1955 is referred to in section

1904 of this title; section 8619 of Title 20 (Decedents, Estates

and Fiduciaries).

§ 1956. Certified copies of records.

(a) Department records.--The fee for a certified copy of

any department record which the department is authorized by law

to furnish to the public shall be $22 for each form or

supporting document comprising such record.

(b) State Police reports.--The fee for a certified

Pennsylvania State Police record of investigation of a vehicle

accident which the Pennsylvania State Police are authorized by

this title to furnish to the public shall be $22 for each copy

of the Pennsylvania State Police full report of investigation.

(Nov. 25, 2013, P.L.974, No.89, eff. Apr. 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

Cross References. Section 1956 is referred to in section

1904 of this title.

§ 1957. Uncollectible checks.

Whenever any check issued in payment of any fee or for any

other purpose is returned to the department or a municipality

as uncollectible, the department or municipality shall charge

a fee of $38 for each driver's license, registration,

replacement of tags, transfer of registration, certificate of

title, whether original or duplicate, special hauling permit

and each other unit of issue by the department or municipality,

plus all protest fees, to the person presenting the check, to

cover the cost of collection.

(Nov. 25, 2013, P.L.974, No.89, eff. Jan. 1, 2015)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

§ 1958. Certificate of inspection.

(a) General rule.--The department shall charge $5 for each

annual certificate of inspection, $3 for each semiannual

certificate of inspection and $2 for each certificate of

exemption.

(b) Credit.--(Expired).

(June 18, 1980, P.L.229, No.68, eff. 60 days; May 26, 1982,

P.L.435, No.129, eff. imd.; Dec. 14, 1992, P.L.870, No.139,

eff. 60 days; Nov. 25, 2013, P.L.974, No.89, eff. July 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

1996 Expiration. Subsection (b) expired December 31, 1996.

See Act 139 of 1992.

Cross References. Section 1958 is referred to in section

1904 of this title.

§ 1959. Messenger service.

(a) Annual registration.--The annual fee for registration

of a messenger service as provided for in Chapter 75 (relating

to messenger service) shall be $192.

(b) Additional places of business.--The annual fee for

registration of additional place of business or branch office

from which a messenger service may transact business shall be

$95.

location of a registered place of business or branch office of

a messenger service during a period of registration shall be

$19.

(Nov. 25, 2013, P.L.974, No.89, eff. Jan. 1, 2015)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

§ 1960. Reinstatement of operating privilege or vehicle

registration.

The department shall charge a fee of $70 or, if section 1379

(relating to suspension of registration upon sixth unpaid

parking violation in cities of the first class), 1380 (relating

to suspension of registration upon unpaid tolls) or 1786(d)

(relating to required financial responsibility) applies, a fee

of $88 to restore a person's operating privilege or the

registration of a vehicle following a suspension or revocation.

(June 18, 1980, P.L.229, No.68, eff. 60 days; Feb. 7, 1990,

P.L.11, No.6, eff. July 1, 1990; July 14, 2005, P.L.285, No.50,

eff. 60 days; Nov. 25, 2013, P.L.974, No.89, eff. Jan. 1, 2015;

Nov. 4, 2016, P.L.1277, No.165, eff. 60 days)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

Cross References. Section 1960 is referred to in sections

1379, 1380, 1532, 1533, 1556, 1786, 6308.1 of this title;

section 4355 of Title 23 (Domestic Relations).

§ 1961. Secure power of attorney.

The fee for processing a secure power of attorney submitted

for the purpose of odometer disclosure when not accompanied by

an application for title shall be $23.

(Dec. 7, 1994, P.L.820, No.115, eff. 60 days; Nov. 25, 2013,

P.L.974, No.89, eff. Jan. 1, 2015)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

CHAPTER 20

MOTOR VEHICLE INSURANCE RATE REVIEW PROCEDURES

Sec.

2001. Short title of chapter.

2002. Scope of chapter.

2003. Waiting period for filings.

2004. Action by commissioner on rate filings within waiting

period.

2005. Review of action of commissioner taken without hearing.

2006. Action by commissioner on rate filings after waiting

period.

2007. Deemed approvals.

2008. Hearing procedures.

2009. Rules and regulations.

Enactment. Chapter 20 was added February 7, 1990, P.L.11,

No.6. Section 32 of Act 6 provided that Chapter 20 shall take

effect immediately for all rate filings for private passenger

motor vehicle insurance and shall take effect July 1, 1990, for

all other rate filings.

Cross References. Chapter 20 is referred to in section

1799.7 of this title.

§ 2001. Short title of chapter.

This chapter shall be known and may be cited as the Motor

Vehicle Insurance Rate Review Procedures Act.

§ 2002. Scope of chapter.

This chapter applies to all rate filings for motor vehicle

insurance. Rate filings for motor vehicle insurance shall also

be subject to the act of June 11, 1947 (P.L.538, No.246), known

as The Casualty and Surety Rate Regulatory Act. Where any

conflict exists between this chapter and The Casualty and Surety

Rate Regulatory Act, this chapter shall be applied so as to

supersede The Casualty and Surety Rate Regulatory Act to the

extent of the conflict.

§ 2003. Waiting period for filings.

(a) General rule.--Notwithstanding any other provision of

law to the contrary and except as otherwise provided in

subsection (b), no rate filing to which this chapter applies

may become effective prior to the expiration of a waiting period

of 60 days from the date the filing is received by the

commissioner. This 60-day period may be extended an additional

30 days by the commissioner upon written notice to the insurer

or rating organization making the filing.

(b) Exceptions.--The waiting period and extensions thereof

required by subsection (a) shall not apply in the following

circumstances:

(1) When an insurer or rating organization makes written

application, the commissioner may authorize a filing or part

thereof which has been reviewed to become effective prior

to the expiration of the waiting period or any extension

thereof as provided in subsection (a).

(2) Upon the written consent of the insured stating his

reasons therefor, filed and approved by the department, a

rate in excess of that provided by a filing otherwise

applicable may be used on any specific risk. The rate shall

become effective when such consent is filed and shall be

deemed to meet the requirements of this chapter and other

applicable statutes governing the establishment of rates

until such time as the commissioner reviews the filing and

so long thereafter as the filing remains in effect.

Cross References. Section 2003 is referred to in sections

2004, 2006, 2007 of this title.

§ 2004. Action by commissioner on rate filings within waiting

period.

(a) General rule.--Notwithstanding any other provision of

law to the contrary, within the waiting period or any extension

thereof as provided in section 2003(a) (relating to waiting

period for filings), the commissioner may, by written notice,

approve or disapprove the rate filing or schedule a formal

administrative hearing on the filing. If a rate filing is

approved, it may become effective upon the expiration of the

waiting period and any extension thereof as provided in section

2003(a) or upon the effective date specified in the filing,

whichever is later. If a rate filing is disapproved, the

commissioner shall state in what respects the filing or part

thereof fails to meet the requirements of this chapter or other

applicable law.

(b) Effective date pending hearing.--If a rate filing is

scheduled for a formal administrative hearing under this

section, the filing may not become effective until an

adjudication is issued. An adjudication shall be issued within

60 days after the close of the hearing.

§ 2005. Review of action of commissioner taken without hearing.

Any insurer or rating organization aggrieved by any order

or decision of the commissioner made without a hearing may,

within 30 days after notice of the order to the insurer or

organization, make written request to the commissioner for a

hearing thereon. The commissioner shall hold a hearing within

30 days after receipt of the request and shall give not less

than ten days' written notice of the time and place of the

hearing. Within 30 days after the close of the hearing, the

commissioner shall affirm, reverse or modify his previous

action, specifying his reasons therefor.

§ 2006. Action by commissioner on rate filings after waiting

period.

If, at any time after the waiting period or extension thereof

as provided in section 2003(a) (relating to waiting period for

filings), the commissioner finds that a rate filing does not

meet the requirements of applicable statutes governing the

establishment of rates or upon application by a person, other

than the insurer or rating organization that made the filing,

aggrieved by a rate filing for which the waiting period has

expired, the commissioner may hold a hearing upon not less than

ten days' written notice to every insurer or rating organization

which made the filing, specifying the matters to be considered

at the hearing. If, after the hearing, the commissioner finds

that the filing fails to meet the requirements of applicable

statutes governing the establishment of rates, he shall issue

an order specifying his findings and stating when, within a

reasonable period thereafter, the filing or portions thereof

shall be deemed no longer effective. The order shall be sent

to every affected insurer and rating organization. The order

shall not affect any contract or policy made or issued prior

to the expiration of the period set forth in the order.

§ 2007. Deemed approvals.

A rate filing may be deemed to meet the requirements of this

chapter and other applicable statutes governing the

establishment of rates unless disapproved or scheduled for a

formal administrative hearing by the commissioner within the

waiting period or any extensions thereof as provided in section

2003(a) (relating to waiting period for filings). The filing

shall not become effective unless the department receives

written notice of the insurer's or rating organization's intent

to exercise the right granted under this section at least ten

calendar days prior to the effective date.

§ 2008. Hearing procedures.

All hearings shall be conducted in accordance with Title 2

(relating to administrative law and procedure).

§ 2009. Rules and regulations.

The commissioner may adopt such rules and regulations as are

reasonably necessary to carry out the purposes of this chapter.

Rules and regulations shall be promulgated in conformity with

the provisions of the act of July 31, 1968 (P.L.769, No.240),

referred to as the Commonwealth Documents Law, and the act of

June 25, 1982 (P.L.633, No.181), known as the Regulatory Review

Act.

CHAPTER 21

MOTOR CARRIERS ROAD TAX

IDENTIFICATION MARKERS

Sec.

2101. Construction.

2101.1. Definitions.

2102. Identification markers and license or road tax

registration card required.

2103. False statements and penalties.

2104. Special investigators; powers.

2105. Exemptions.

Enactment. Chapter 21 was added June 18, 1980, P.L.229,

No.68, effective in 60 days.

Cross References. Chapter 21 is referred to in sections

6117, 9602 of this title.

§ 2101. Construction.

This chapter shall be construed in conjunction with Chapter

96 (relating to motor carriers road tax).

(July 13, 1987, P.L.303, No.56, eff. imd.; Dec. 20, 1995,

P.L.669, No.75, eff. Jan. 1, 1996)

§ 2101.1. Definitions.

The following words and phrases when used in this chapter

and in Chapter 96 (relating to motor carriers road tax) shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"IFTA." The International Fuel Tax Agreement, including any

amendments.

"License." A valid unexpired and unrevoked license issued

pursuant to the International Fuel Tax Agreement by any base

jurisdiction thereof to the motor carrier.

"Qualified motor vehicle." A motor vehicle, other than a

recreational vehicle, which is used, designed or maintained for

transportation of persons or property and:

(1) Having two axles and a gross weight or registered

gross weight exceeding 26,000 pounds.

(2) Having three or more axles regardless of weight.

(3) Used in combination, when the gross weight or

registered gross weight of the combination exceeds 26,000

pounds.

If there is no registered gross weight, then the gross vehicle

weight rating (GVWR) or gross combination weight rating (GCWR)

of the motor vehicle shall be used.

(Dec. 20, 1995, P.L.669, No.75, eff. Jan. 1, 1996)

1995 Amendment. Act 75 added section 2101.1.

Cross References. Section 2101.1 is referred to in section

9602 of this title.

§ 2102. Identification markers and license or road tax

registration card required.

(a) General rule.--The Secretary of Revenue shall provide

identification markers as follows:

(1) Qualified motor vehicles subject to IFTA shall be

issued identification markers (decals) and a license as

required by IFTA.

(2) Qualified motor vehicles not subject to IFTA shall

be issued identification markers and a road tax registration

card.

(3) All qualified motor vehicles required to display

the identification markers shall permanently affix such

identification markers on the exterior portion of both sides

of the cab and shall follow the directions as indicated on

the reverse side of the identification marker.

(4) A legible copy of the IFTA license (cab card) issued

to the motor carrier shall be carried in the cab of any

qualified motor vehicle subject to IFTA. The road tax

registration card issued to any qualified motor vehicle not

subject to IFTA shall be carried in the cab of the vehicle.

(5) The identification markers, road tax registration

card and any IFTA license issued by the Secretary of Revenue

shall remain the property of the Commonwealth and may be

recalled for any violation of the provisions of this chapter,

Chapter 96 (relating to motor carriers road tax) or the

regulations promulgated thereunder.

(6) The Department of Revenue, for cause, may deny,

suspend or revoke any license, road tax registration card

or identification markers issued under this section after

an opportunity for a hearing has been afforded the carrier,

provided, however, that a license, a road tax registration

card or identification markers may be denied or may be

suspended or revoked for failure to file a return as required

or for nonpayment of moneys due and not under appeal under

this chapter or Chapter 96, including related motor fuel

taxes prior to a hearing.

(b) Fee.--The fee for issuance of identification markers

shall be $12 per vehicle.

registration cards.--

(1) Identification markers and licenses or road tax

registration cards shall be issued on a 12-month basis,

effective January 1 of each year, and shall be valid through

the next succeeding December 31; however, enforcement of

this section shall not become effective until March 1 of

each year as to qualified motor vehicles displaying the

previous year's identification markers. The identification

markers and license or road tax registration card may be

validly displayed and carried on or after December 1 of the

preceding year.

(2) The Department of Revenue shall have the power and

may designate the Department of Transportation to act as an

agent for the Department of Revenue for the purpose of

collecting the fee under subsection (b), processing the

necessary papers and issuing a temporary permit to authorize

the operation of a qualified motor vehicle pending issuance

of permanent identification markers by the department.

(d) Operation without identification markers

unlawful.--Except as provided in paragraphs (2) and (3), it

shall be unlawful to operate or to cause to be operated in this

Commonwealth any qualified motor vehicle unless the vehicle

bears the identification markers required by this section or

valid and unrevoked IFTA identification markers issued by

another IFTA jurisdiction.

(1) The Secretary of Revenue may by regulation exempt

from the requirement to display the identification markers

those qualified motor vehicles which in his opinion are

clearly identifiable such that effective enforcement of this

chapter will not suffer thereby.

(2) For a period not exceeding 30 days as to any one

motor carrier, the Secretary of Revenue by letter or telegram

may authorize the operation of a qualified motor vehicle or

vehicles without the identification markers required when

both the following are applicable:

(i) enforcement of this section for that period

would cause undue delay and hardship in the operation

of such qualified motor vehicle; and

(ii) the motor carrier is registered and/or licensed

for the motor carriers road tax with the Department of

Revenue or has filed an application therefor with the

Department of Revenue:

(A) The fee for such temporary permits shall be

$7 for each qualified motor vehicle which shall be

deposited in the Highway Bridge Improvement

Restricted Account within the Motor License Fund.

(B) Conditions for the issuance of such permits

shall be set forth in regulations promulgated by the

Department of Revenue.

jurisdiction under authority similar to this

paragraph shall be accorded the same effect as a

temporary permit issued under this paragraph.

(3) A motor carrier may, in lieu of paying the tax

imposed and filing the tax report required by Chapter 96 and

in lieu of complying with any other provisions of this

section that would otherwise be applicable as a result of

the operation of a particular qualified motor vehicle, obtain

from the Department of Revenue a trip permit authorizing the

carrier to operate the qualified motor vehicle for a period

of five consecutive days. The Department of Revenue shall

specify the beginning and ending days on the face of the

permit. The fee for a trip permit for each qualified motor

vehicle is $73 which shall be deposited in the Highway Bridge

Improvement Restricted Account within the Motor License Fund.

The report otherwise required under Chapter 96 is not

required with respect to a vehicle for which a trip permit

has been issued under this subsection.

(e) Operation without IFTA license or road tax registration

card unlawful.--It shall be unlawful to operate or to cause to

be operated in this Commonwealth any qualified motor vehicle

unless the vehicle carries either the IFTA license or road tax

registration card required by this section.

(June 23, 1982, P.L.605, No.171, eff. imd.; Dec. 8, 1982,

P.L.842, No.234, eff. Apr. 1, 1983; July 13, 1987, P.L.303,

No.56, eff. imd.; May 30, 1990, P.L.173, No.42, eff. 180 days;

Dec. 20, 1995, P.L.669, No.75, eff. Jan. 1, 1996; Nov. 25, 2013,

P.L.974, No.89, eff. Apr. 1, 2014)

2013 Amendment. Act 89 amended subsecs. (b) and (d)(2) and

(3). See the preamble to Act 89 in the appendix to this title

for special provisions relating to legislative findings and

declarations.

Cross References. Section 2102 is referred to in section

2103 of this title.

§ 2103. False statements and penalties.

(a) False statements.--Any person who willfully and

knowingly makes, publishes, delivers or utters a false statement

orally, or in writing, or in the form of a receipt for the sale

of motor fuel, for the purpose of obtaining or attempting to

obtain, or to assist any person to obtain or attempt to obtain,

a credit or refund or reduction of liability for taxes under

this chapter or Chapter 96 (relating to motor carriers road

tax) shall be guilty of a summary offense and, upon conviction

thereof, for a first offense shall be sentenced to pay a fine

of not less than $100 nor more than $500; and for each

subsequent or additional offense, a fine of not less than $200

nor more than $500, or undergo imprisonment for a term not

exceeding 90 days, or both.

(a.1) Operation without identification

marker.--Notwithstanding the provisions of subsection (b), any

person who violates section 2102(d) (relating to identification

markers required) and who can adequately establish an absence

of knowing and willful intent shall be guilty of a summary

offense and shall be sentenced to pay a fine of $25.

(b) Other penalties.--Any person willfully violating any

provision of this chapter or Chapter 96 (relating to motor

carriers road tax) not covered by any other penalty contained

in this chapter shall be guilty of a summary offense and, upon

conviction thereof, for a first offense, shall be sentenced to

pay a fine of not less than $100 nor more than $500; and, for

each subsequent or additional offense, a fine of not less than

$200 nor more than $500, or undergo imprisonment for a term not

exceeding 90 days, or both. If the person convicted is a

corporation, any imprisonment imposed shall be served by the

responsible corporate employee.

(July 13, 1987, P.L.303, No.56, eff. imd.; May 30, 1990,

P.L.173, No.42, eff. 60 days)

1990 Amendment. Act 42 added subsec. (a.1).

§ 2104. Special investigators; powers.

Such employees of the Department of Revenue as are designated

as special investigators, and who carry identification

indicating such capacity, are hereby declared to be peace

officers of the Commonwealth, are hereby given police power and

authority throughout the Commonwealth to arrest on view without

warrant any driver of a qualified motor vehicle engaged in any

operations in violation of any provision of this chapter or

Chapter 96 (relating to motor carriers road tax) and shall have

the power and authority upon probable cause that any such

violation may have occurred to search and seize without warrant

or process any qualified motor vehicle so operated.

(Dec. 8, 1982, P.L.842, No.234, eff. Apr. 1, 1983; July 13,

1987, P.L.303, No.56, eff. imd.; Dec. 20, 1995, P.L.669, No.75,

eff. Jan. 1, 1996)

§ 2105. Exemptions.

(a) General rule.--The requirements of this chapter and

Chapter 96 (relating to motor carriers road tax) do not apply

to the following vehicles:

(1) A qualified motor vehicle bearing a Pennsylvania

farm vehicle registration plate and operated in accordance

with the restrictions of section 1344 (relating to use of

farm vehicle plates) or a qualified motor vehicle registered

and operated under provisions of another jurisdiction

determined by the Department of Revenue to be similar to

those restrictions.

(2) A qualified motor vehicle exempt from registration

as a farm vehicle and operated in accordance with the

restrictions of section 1302(10) (relating to vehicles exempt

from registration) or a qualified motor vehicle operated

under provisions of another jurisdiction determined by the

Department of Revenue to be similar to those restrictions.

(3) An emergency vehicle as defined by section 102

(relating to definitions).

(4) A qualified motor vehicle operated by or on behalf

of any department, board or commission of the Commonwealth,

or any political subdivision thereof, or any

quasi-governmental authority of which this Commonwealth is

a participating member, or any agency of the Federal

Government or the District of Columbia, any foreign country,

or of any state or any political subdivision thereof which

grants similar exemptions to publicly owned vehicles

registered in this Commonwealth.

(5) A school bus.

(5.1) A motorbus owned by and registered to a church.

(6) An implement of husbandry as defined by section

102.

(7) Special mobile equipment as defined by section 102.

(8) An unladen or towed motor vehicle or unladen trailer

which enters this Commonwealth solely for the purpose of

securing repairs or reconditioning. The repair facility shall

furnish to the motor carrier a certificate to be carried by

the qualified motor vehicle operator while the vehicle is

in this Commonwealth for the purposes of this paragraph.

(9) A qualified motor vehicle needing emergency repairs

which secures authorization from the Pennsylvania State

Police to enter this Commonwealth under this section.

(10) A commercial implement of husbandry.

(b) Regulations.--The Department of Revenue may promulgate

regulations to implement this section.

(Feb. 12, 1984, P.L.53, No.12, eff. 60 days; July 13, 1987,

P.L.303, No.56, eff. imd.; Dec. 18, 1992, P.L.1411, No.174,

eff. 60 days; May 20, 1993, P.L.30, No.10, eff. 60 days; Dec.

20, 1995, P.L.669, No.75, eff. Jan. 1, 1996; July 11, 1996,

P.L.660, No.115, eff. imd.)

1996 Amendment. Act 115 added subsec. (a)(5.1), retroactive

to August 10, 1992.

CHAPTER 23

MOTOR VEHICLE TRANSACTION RECOVERY FUND

Sec.

2301. Definitions.

2302. Establishment and maintenance of fund.

2303. Disbursements.

2304. Assignment of claims.

2305. Appeals.

2306. Exemptions.

2307. Enforcement.

Enactment. Chapter 23 was added July 10, 1990, P.L.356,

No.83, effective in 60 days.

§ 2301. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

"Fund." The Motor Vehicle Transaction Recovery Fund

established in this chapter.

"Member." Every holder of motor vehicle dealer registration

plates and every person authorized to act as an agent of the

department with respect to vehicle titling and registration.

§ 2302. Establishment and maintenance of fund.

(a) Establishment.--There is hereby established in the

General Fund a Motor Vehicle Transaction Recovery Fund.

(b) Assessments.--Every applicant for motor vehicle dealer

registration plates or for the authority to act as an agent for

the department with respect to vehicle titling and registration

shall pay, in addition to any other license fees and bonds, an

assessment of $60 to the fund.

used to establish and maintain the fund and shall be deposited

into the State Treasury and credited to the fund. The fund shall

be used solely to provide the Department of Transportation and

the Department of Revenue with the money necessary to process

documents relating to the titling and registration of vehicles

as described in this chapter. The fund shall be invested and

interest and dividends shall accrue to the fund.

(d) Minimum balance.--Whenever the balance of the fund falls

below $500,000, the secretary may assess all members an

additional assessment of up to $50 to bring the fund up to at

least the $500,000 minimum. Not more than one additional

assessment may be made against a member in any 12-month period.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 amended subsec. (b).

§ 2303. Disbursements.

(a) Authorization.--The secretary, or his designee, may,

in his discretion, authorize a disbursement from the fund to

cover the amount of any fees and taxes pertaining to an

application for titling or registration of a vehicle which a

member failed to forward to the department or the department's

contracted agent or third-party representative. The disbursement

may not exceed the amount paid to the member for the fees and

taxes associated with the titling and registration.

(b) Proof of loss.--In order to substantiate a disbursement

from the fund, an aggrieved party shall forward to the

department an application provided by the department. Along

with other documentation, the department shall require the

aggrieved party to provide the original or acceptable copies

of the canceled check or money order paid to the member and the

registration or other document issued to the aggrieved party

by the member.

disbursement, the department shall notify the member. If the

member fails to forward the necessary titling or registration

documents, fees and taxes within 15 days, the secretary may

suspend the member and, where applicable, direct the Department

of State to do so. If payment is not made by the member within

15 days and the secretary is satisfied concerning the proof of

the claim, he shall direct that the titling and registration

documents be processed with moneys from the fund.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 amended subsec. (a).

§ 2304. Assignment of claims.

By making application to the fund, an aggrieved party assigns

to the Commonwealth any claim he may have for restitution

arising out of the failure of the member to forward the titling

and registration documents, fees and taxes. The department may

coordinate with applicable Commonwealth agencies the filing of

a civil complaint against the member for reimbursement to the

fund. Nothing contained in this chapter shall limit the

authority of the department, the Department of Revenue or any

other government agency to take civil, criminal or disciplinary

action against any member for any violation of this title or

any statute or regulation. Payment by the fund shall not relieve

payment by any surety.

§ 2305. Appeals.

Any aggrieved party may appeal the decision of the secretary

to the court of common pleas vested with jurisdiction of such

appeals by or pursuant to Title 42 (relating to judiciary and

judicial procedure).

§ 2306. Exemptions.

No person who acts solely as either a notary or messenger

for motor vehicle forms or a farm equipment dealer, mobile home

dealer and manufacturer or modular housing manufacturer shall

be bound by the provisions of this chapter.

(Aug. 5, 1991, P.L.238, No.26, eff. imd.)

§ 2307. Enforcement.

(a) Criminal penalty.--Any member who issues or forwards

to the department any documents relative to the titling or

registration of a vehicle without having paid the requisite fee

to the fund commits a summary offense and shall, upon

conviction, be sentenced to pay a fine of $100 for each document

submitted.

(b) Administrative penalties.--The department and the

Department of State may suspend the license and recall motor

vehicle dealer plates and the authority to issue temporary

registrations of any member who does not pay the requisite fee

to the fund prior to acting as a member. The suspension and

recall shall remain in effect until the requisite fee is paid,

plus an additional 30 days.

PART III

OPERATION OF VEHICLES

Chapter

31. General Provisions

33. Rules of the Road in General

35. Special Vehicles and Pedestrians

37. Miscellaneous Provisions

38. Driving After Imbibing Alcohol or Utilizing Drugs

Enactment. Part III was added June 17, 1976, P.L.162, No.81,

effective July 1, 1977, unless otherwise noted.

CHAPTER 31

GENERAL PROVISIONS

Subchapter

A. Obedience to and Effect of Traffic Laws

B. Traffic-control Devices

C. Fines

Enactment. Chapter 31 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977.

Cross References. Chapter 31 is referred to in section 1614

of this title.

SUBCHAPTER A

OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS

Sec.

3101. Application of part.

3102. Obedience to authorized persons directing traffic.

3103. Persons riding animals or driving animal-drawn vehicles.

3104. Persons working on highways.

3105. Drivers of emergency vehicles.

3106. Operators of streetcars.

3107. Drivers in funeral processions.

3108. Drivers of certified escort vehicles.

§ 3101. Application of part.

(a) General rule.--Except as provided in subsection (b),

the provisions of this part relating to the operation of

vehicles refer exclusively to the operation of vehicles upon

highways except where a different place is specifically referred

to in a particular provision.

(b) Serious traffic offenses.--The provisions of section

3345 (relating to meeting or overtaking school bus), Subchapter

B of Chapter 37 (relating to serious traffic offenses) and

Chapter 38 (relating to driving after imbibing alcohol or

utilizing drugs) shall apply upon highways and trafficways

throughout this Commonwealth.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Sept. 30, 2003,

P.L.120, No.24, eff. Feb. 1, 2004)

2003 Amendment. Act 24 amended subsec. (b).

Cross References. Section 3101 is referred to in section

3808 of this title.

§ 3102. Obedience to authorized persons directing traffic.

No person shall willfully fail or refuse to comply with any

lawful order or direction of:

(1) any uniformed police officer, sheriff or constable

or, in an emergency, a railroad or street railway police

officer;

(2) any appropriately attired person, including an agent

or employee of the funeral director during a funeral,

authorized to direct, control or regulate traffic;

(3) any employee who has been trained in traffic control

by a licensed and insured private security company and who

is acting in the scope of employment; or

(4) any driver of a certified escort vehicle as defined

under section 3108 (relating to drivers of certified escort

vehicles) and who is acting in the capacity as a driver of

a certified escort vehicle.

(Aug. 5, 1991, P.L.238, No.26, eff. imd.; Dec. 22, 1993,

P.L.561, No.81, eff. 60 days; June 26, 2001, P.L.734, No.75,

eff. 60 days; Oct. 30, 2015, P.L.216, No.55, eff. 60 days)

Cross References. Section 3102 is referred to in sections

1535, 3326, 3327 of this title.

§ 3103. Persons riding animals or driving animal-drawn

vehicles.

(a) General rule.--Every person riding an animal or driving

any animal-drawn vehicle upon a roadway shall be granted all

of the rights and shall be subject to all of the duties

applicable to the driver of a vehicle by this part, except those

provisions of this part which by their very nature can have no

application or where specifically provided otherwise.

(b) Limited access highways.--No person shall ride an animal

or drive any animal-drawn vehicle upon a limited access highway.

§ 3104. Persons working on highways.

Unless specifically made applicable, the provisions of this

part, except those contained in Subchapter B of Chapter 37

(relating to serious traffic offenses), shall not apply to

persons, motor vehicles, and equipment while actually engaged

in work upon a highway but shall apply to such persons and

vehicles when traveling to or from such work.

§ 3105. Drivers of emergency vehicles.

(a) General rule.--The driver of an emergency vehicle, when

responding to an emergency call or when in the pursuit of an

actual or suspected violator of the law or when responding to

but not upon returning from a fire alarm or other emergency

call, may exercise the privileges set forth in this section,

but subject to the conditions stated in this section.

(b) Exercise of special privileges.--The driver of an

emergency vehicle may:

(1) Park or stand, irrespective of the provisions of

this part.

(2) Proceed past a red signal indication or stop sign,

but only after slowing down as may be necessary for safe

operation, except as provided in subsection (d).

(3) Exceed the maximum speed limits so long as the

driver does not endanger life or property, except as provided

in subsection (d).

(4) Disregard regulations governing direction of

movement, overtaking vehicles or turning in specified

directions.

granted in this section to an emergency vehicle shall apply

only when the vehicle is making use of an audible signal and

visual signals meeting the requirements and standards set forth

in regulations adopted by the department.

(d) Ambulances, blood delivery vehicles and human organ

delivery vehicles.--The driver of an ambulance, blood delivery

vehicle or human organ delivery vehicle shall comply with

maximum speed limits, red signal indications and stop signs.

After ascertaining that the ambulance, blood delivery vehicle

or human organ delivery vehicle will be given the right-of-way,

the driver may proceed through a red signal indication or stop

sign.

(d.1) Vehicles owned and operated by a county correctional

institution in a city of the first class.--The driver of a

vehicle that is owned and operated by a county correctional

institution in a city of the first class and used to respond

to an emergency at a correctional institution in a city of the

first class or to escort an ambulance which is transporting a

sick or injured prisoner in a city of the first class shall

comply with maximum speed limits, red signal indications and

stop signs. After ascertaining that the vehicle will be given

the right-of-way, the driver may proceed through a red signal

indication or stop sign.

(e) Exercise of care.--This section does not relieve the

driver of an emergency vehicle from the duty to drive with due

regard for the safety of all persons.

(f) Pedalcycles.--No part of this section shall be construed

to restrict the operation of a pedalcycle used by a police

officer or a bike medic during the course of performing official

duties.

(g) Emergency vehicle preemption devices.--

(1) The department may promulgate regulations for the

operation and use of preemptive traffic devices by emergency

vehicles.

(2) An individual other than authorized emergency

personnel who operates or uses a preemptive traffic device

commits a misdemeanor of the third degree.

(3) The possession of a preemptive traffic device by

an individual who is not an authorized user of the device

is prohibited. The device if in the possession of a

nonauthorized user shall be deemed contraband and shall be

seized by a law enforcement officer.

(h) Limitations relating to school buses.--Notwithstanding

the provisions of subsection (b)(4), the driver of an emergency

vehicle shall come to a complete stop when a school bus flashes

its red signal lights and activates its side stop signal arms.

After stopping, the driver of the emergency vehicle may pass

the school bus only after exercising due diligence and caution

for the safety of the students in a manner that will not risk

the safety of the students.

(i) Definition.--As used in this section, the term "bike

medic" means an individual who:

(1) operates a pedalcycle and is certified by the

Department of Health as an emergency medical services

provider;

(2) is a member of an emergency medical services agency

licensed by the Department of Health and operating within

the scope of practice of an emergency medical services

provider, as applicable;

(3) has successfully completed a basic emergency medical

services cycling program approved by the Department of

Health;

(4) wears emergency first responder appropriate attire

for operating upon the highways in accordance with national

standards; and

(5) makes use of an appropriate visual and audible

warning device in the performance of official duties.

(May 9, 1986, P.L.158, No.51, eff. 60 days; Dec. 15, 1995,

P.L.655, No.72, eff. 60 days; June 26, 2001, P.L.734, No.75,

eff. 60 days; July 15, 2004, P.L.694, No.75, eff. 60 days; June

17, 2016, P.L.338, No.44, eff. 60 days; July 8, 2016, P.L.477,

No.75, eff. 60 days)

2016 Amendments. Act 44 amended subsec. (f) and added

subsec. (i) and Act 75 added subsec. (d.1).

2004 Amendment. Act 75 added subsec. (h).

Cross References. Section 3105 is referred to in sections

3345.1, 6342 of this title; section 901 of Title 30 (Fish);

section 901 of Title 34 (Game).

§ 3106. Operators of streetcars.

Every operator of a streetcar upon any roadway shall be

granted all of the rights and shall be subject to all of the

duties applicable to the driver of a vehicle by this title

except those provisions which by their nature can have no

application.

§ 3107. Drivers in funeral processions.

(a) General rule.--The driver of a vehicle which is being

driven in a funeral procession may:

(1) Park or stand irrespective of the provisions of

this part.

(2) Proceed past a red signal indication or stop sign

if the lead vehicle in the procession started through the

intersection while the signal indicator was green or, in the

case of a stop sign, the lead vehicle first came to a

complete stop before proceeding through the intersection.

(b) Visual signals required.--The privileges granted by

this section shall apply only if each vehicle in the funeral

procession displays lighted head lamps and emergency flashers

and bears a flag or other insignia designating it as part of a

funeral procession.

(b.1) Visual signals authorized.--Notwithstanding any other

provision of this title to the contrary, a funeral director or

the director's representative may display flashing or revolving

purple lights on any funeral processional vehicle which is being

driven in a funeral procession.

not relieve the driver of a vehicle which is being driven in a

funeral procession from yielding the right-of-way to an

emergency vehicle making use of audible and visual signals, nor

from the duty to drive with due regard for the safety of all

persons.

(Aug. 5, 1991, P.L.238, No.26, eff. imd.; June 26, 2001,

P.L.734, No.75, eff. 60 days; July 5, 2012, P.L.934, No.99,

eff. 60 days)

2012 Amendment. Act 99 added subsec. (b.1).

2001 Amendment. Act 75 amended subsec. (c).

1991 Amendment. Act 26 added section 3107.

§ 3108. Drivers of certified escort vehicles.

(a) General rule.--The driver of a certified escort vehicle

that is being operated to escort a super load must be certified

and licensed by the department and wear attire that complies

with 67 Pa. Code § 101.3(5) (relating to minimum attire).

(b) Criteria to be established.--Within one year of the

effective date of this section, the department shall establish

criteria for certified escort vehicles and for determining

certification and licensing of drivers of certified escort

vehicles within this Commonwealth and shall post the criteria

on the department's publicly accessible Internet website.

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Certified escort vehicle." A vehicle that is operated to

escort a super load on a highway of this Commonwealth.

"Super load." A vehicle or combination or load having a

gross weight exceeding 201,000 pounds, a total length exceeding

160 feet or a total width exceeding 16 feet. The term does not

include any of the following:

(1) A building under 67 Pa. Code § 179.11 (relating to

special vehicle-load restrictions).

(2) A vehicle or combination moved across the highway

under section 4965 (relating to single permits for multiple

highway crossings) or 4966 (relating to permit for movement

of quarry equipment).

(3) A drag line moved across a highway under permit.

(Oct. 30, 2015, P.L.216, No.55, eff. 60 days)

2015 Amendment. Act 55 added section 3108.

Cross References. Section 3108 is referred to in sections

3102, 4573, 4901, 4962 of this title.

SUBCHAPTER B

TRAFFIC-CONTROL DEVICES

Sec.

3111. Obedience to traffic-control devices.

3111.1. Obedience to traffic-control devices warning of

hazardous conditions.

3112. Traffic-control signals.

3113. Pedestrian-control signals.

3114. Flashing signals.

3115. Lane-direction-control signals.

3116. Automated red light enforcement systems in first class

cities.

3117. Automated red light enforcement systems in certain

municipalities.

Cross References. Subchapter B is referred to in section

3344 of this title.

§ 3111. Obedience to traffic-control devices.

(a) General rule.--Unless otherwise directed by a uniformed

police officer or any appropriately attired person authorized

to direct, control or regulate traffic, the driver of any

vehicle shall obey the instructions of any applicable official

traffic-control device placed or held in accordance with the

provisions of this title, subject to the privileges granted the

driver of an emergency vehicle in this title.

(a.1) Penalty.--

(1) A person who violates this section commits a summary

offense and shall, upon conviction, pay a fine of $150. No

costs or surcharges imposed under 42 Pa.C.S. § 1725.1

(relating to costs) or section 6506 (relating to surcharge)

shall be assessed or imposed upon a conviction under this

section.

(2) Notwithstanding any other provision of law,

including 42 Pa.C.S. § 3733(a) (relating to deposits into

account), the fine collected under paragraph (1) shall be

deposited as follows:

(i) Twenty-five dollars of the fine shall be

deposited as provided under 42 Pa.C.S. § 3733(a).

(ii) After deposit of the amount under subparagraph

(i), the remaining portion of the fine shall be deposited

into the Public Transportation Trust Fund.

(b) Proper position and legibility of device.--No provision

of this title for which official traffic-control devices are

required shall be enforced against an alleged violator if at

the time and place of the alleged violation an official device

is not in proper position and sufficiently legible to be seen

by an ordinarily observant person. Whenever a particular section

does not state that official traffic-control devices are

required, the section shall be effective even though no devices

are erected or in place.

traffic-control devices are placed or held in position

approximately conforming to the requirements of this title, the

devices shall be presumed to have been so placed by the official

act or direction of lawful authority, unless the contrary shall

be established by competent evidence.

(d) Presumption of proper devices.--Any official

traffic-control device placed or held pursuant to the provisions

of this title and purporting to conform to the lawful

requirements pertaining to such devices shall be presumed to

comply with the requirements of this title, unless the contrary

shall be established by competent evidence.

(June 26, 2001, P.L.734, No.75, eff. 60 days; Nov. 25, 2013,

P.L.974, No.89, eff. Jan. 1, 2014; Dec. 23, 2013, P.L.1251,

No.126, eff. imd.)

2013 Amendments. Act 89 added subsec. (a.1) and Act 126

amended subsec. (a.1). See the preamble to Act 89 in the

appendix to this title for special provisions relating to

legislative findings and declarations.

2001 Amendment. Act 75 amended subsec. (a).

Cross References. Section 3111 is referred to in sections

3326, 3327 of this title; section 1506 of Title 74

(Transportation).

§ 3111.1. Obedience to traffic-control devices warning of

hazardous conditions.

(a) General rule.--The driver of any vehicle, unless

otherwise directed by an emergency service responder, shall not

drive past, around or through a sign or traffic-control device

closing a road or highway due to an existing or potentially

hazardous condition.

(b) Penalty.--Any person violating this section commits a

summary offense and shall, upon conviction, pay a fine of not

more than $250 unless the violation results in the utilization

of the services of a first responder or emergency medical or

rescue personnel, including towing services, in which case the

fine shall be increased to not less than $250 nor more than

$500.

violating this section shall, in addition to any other sentence

imposed or restitution ordered under 42 Pa.C.S. § 9721(c)

(relating to sentencing generally), be sentenced to pay

restitution in an amount equal to the cost of fire and police

response and emergency medical service or emergency preparedness

response resulting from the offense.

(July 5, 2012, P.L.1003, No.114, eff. 60 days)

2012 Amendment. Act 114 added section 3111.1.

Cross References. Section 3111.1 is referred to in section

1535 of this title.

§ 3112. Traffic-control signals.

(a) General rule.--Whenever traffic is controlled by

traffic-control signals exhibiting different colored lights,

or colored lighted arrows, successively one at a time or in

combination, only the colors green, red and yellow shall be

used, except for special pedestrian signals carrying a word

legend, and the lights shall indicate and apply to drivers of

vehicles and pedestrians as follows:

(1) Green indication.--

(i) Vehicular traffic facing a circular green signal

may proceed straight through or turn right or left unless

a sign at such place prohibits either such turn except

that vehicular traffic, including vehicles turning right

or left, shall yield the right-of-way to other vehicles

and to pedestrians lawfully within the intersection or

an adjacent crosswalk at the time the signal is

exhibited.

(ii) Vehicular traffic facing a green arrow signal,

shown alone or in combination with another indication,

may enter the intersection only to make the movement

indicated by the arrow, or such other movement as is

permitted by other indications shown at the same time.

Such vehicular traffic shall yield the right-of-way to

pedestrians lawfully within an adjacent crosswalk and

to other traffic lawfully using the intersection.

(iii) Unless otherwise directed by a

pedestrian-control signal as provided in section 3113

(relating to pedestrian-control signals), pedestrians

facing any green signal may proceed across the roadway

within a crosswalk.

(2) Steady yellow indication.--

(i) Vehicular traffic facing a steady yellow signal

is thereby warned that the related green indication is

being terminated or that a red indication will be

exhibited immediately thereafter.

(ii) Unless otherwise directed by a

pedestrian-control signal as provided in section 3113,

pedestrians facing a steady yellow signal are thereby

advised that there is insufficient time to cross the

roadway before a red indication is shown and no

pedestrian shall then start to cross the roadway.

(3) Steady red indication.--

(i) Vehicular traffic facing a steady red signal

alone shall stop at a clearly marked stop line, or if

none, before entering the crosswalk on the near side of

the intersection, or if none, then before entering the

intersection and shall remain standing until an

indication to proceed is shown except as provided in

subparagraph (ii).

(ii) Unless signing is in place prohibiting a turn,

vehicular traffic facing a steady red signal may enter

the intersection to turn right, or to turn left from a

one-way highway onto a one-way highway after stopping

as required by subparagraph (i). Such vehicular traffic

shall yield the right-of-way to pedestrians lawfully

within an adjacent crosswalk and to other traffic

lawfully using the intersection.

(iii) Unless otherwise directed by a

pedestrian-control signal as provided in section 3113,

pedestrians facing a steady red signal alone shall not

enter the roadway.

(b) Places other than intersections.--In the event an

official traffic-control signal is erected and maintained at a

place other than an intersection, the provisions of this section

shall be applicable except as to those provisions which by their

nature can have no application. Any stop required shall be made

at a sign or marking on the pavement indicating where the stop

shall be made, but in the absence of any such sign or marking

the stop shall be made at the signal.

traffic-control signal is out of operation or is not functioning

properly, including, but not limited to, a signal that uses

inductive loop sensors or other automated technology to detect

the presence of vehicles that fails to detect a vehicle,

vehicular traffic facing a:

(1) Green or yellow signal may proceed with caution as

indicated in subsection (a)(1) and (2).

(2) Red or completely unlighted signal shall stop in

the same manner as at a stop sign, and the right to proceed

shall be subject to the rules applicable after making a stop

at a stop sign as provided in section 3323 (relating to stop

signs and yield signs).

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; July 20, 2016,

P.L.861, No.101, eff. 60 days)

2016 Amendment. Act 101 amended subsec. (c).

1998 Amendment. Act 151 amended subsec. (a)(3).

Cross References. Section 3112 is referred to in sections

1535, 3116, 3117, 3326, 3541 of this title.

§ 3113. Pedestrian-control signals.

(a) General rule.--Whenever special pedestrian-control

signals exhibiting words or symbols are in place, the signals

shall indicate as follows:

(1) Word "Walk" or walking person symbol.--Pedestrians

facing the signal should proceed across the roadway in the

direction of the signal and shall be given the right-of-way

by the drivers of all vehicles.

(2) Phrase "Don't Walk" or upraised hand

symbol.--Pedestrians should not start to cross the roadway

in the direction of the signal, but any pedestrian who has

partially completed his crossing on the "Walk" signal should

proceed to a sidewalk or safety zone while the "Don't Walk"

signal is showing.

(3) Flashing "Walk".--Pedestrians facing the signal are

cautioned that there is possible hazard from turning

vehicles, but pedestrians may proceed across the roadway in

the direction of the signal and shall be given the

right-of-way by the drivers of all vehicles.

(4) Flashing "Don't Walk" Signal.--Pedestrians should

not start to cross the roadway in the direction of the

signal, but any pedestrian who has partly completed crossing

during the "Walk" signal should proceed to a sidewalk or

safety zone, and all drivers of vehicles shall yield to the

pedestrian.

(b) Local regulation.--This section does not prohibit a

municipality from establishing a summary offense for violation

of subsection (a)(2) or (4).

subsection (a) commits a summary offense and, upon conviction,

shall be sentenced to pay a fine of $50. This subsection shall

not apply to those municipalities that establish a summary

offense as authorized under subsection (b) with a fine in excess

of $50.

(Dec. 7, 1990, P.L.635, No.164, eff. imd.; June 25, 2001,

P.L.701, No.68, eff. 120 days; June 26, 2001, P.L.734, No.75,

eff. 60 days)

2001 Amendments. Act 75 overlooked the amendment by Act 68,

but the amendments do not conflict in substance (except for the

amount of the fine, as to which Act 75 has been given effect)

and have both been given effect in setting forth the text of

section 3113.

Cross References. Section 3113 is referred to in sections

3112, 3541 of this title.

§ 3114. Flashing signals.

(a) General rule.--Whenever a flashing red or yellow signal

is used in a traffic signal or with a traffic sign it shall

require obedience by vehicular traffic as follows:

(1) Flashing red.--When a red lens is illuminated with

rapid intermittent flashes, drivers of vehicles shall stop

in the same manner as at a stop sign, and the right to

proceed shall be subject to the rules applicable after making

a stop at a stop sign as provided in section 3323 (relating

to stop signs and yield signs).

(2) Flashing yellow.--When a yellow lens is illuminated

with rapid intermittent flashes, drivers of vehicles may

proceed through the intersection or past such signal only

with caution.

(b) Railroad grade crossings.--This section does not apply

at railroad grade crossings. Conduct of drivers of vehicles

approaching railroad grade crossings shall be governed by the

rules as set forth in section 3341 (relating to obedience to

signal indicating approach of train).

Cross References. Section 3114 is referred to in sections

1535, 3116, 3117, 3326, 3327 of this title.

§ 3115. Lane-direction-control signals.

When lane-direction-control signals are placed over the

individual lanes of a street or highway, vehicular traffic may

travel in any lane over which a green signal is shown, but shall

not enter or travel in any lane over which a red signal is

shown.

§ 3116. Automated red light enforcement systems in first class

cities.

(a) General rule.--

(1) A city of the first class, upon passage of an

ordinance, is authorized to enforce section 3112(a)(3)

(relating to traffic-control signals) by recording violations

using an automated red light enforcement system approved by

the department.

(2) This section shall only be applicable at

intersections in the city of the first class agreed upon by

the system administrator and the Secretary of Transportation

who shall consider using the automated red light enforcement

system at the following intersections:

(i) U.S. Route 1 (Roosevelt Boulevard) at Grant

Avenue, at Red Lion Road and at Cottman Street.

(ii) Kensington Avenue at Clearfield Street.

(iii) Richmond Street at Allegheny Avenue and at

Castor Avenue.

(iv) Aramingo Avenue at York Street.

(v) Thompson Street at Lehigh Avenue.

(vi) Broad Street at Washington Avenue.

(b) Owner liability.--For each violation pursuant to this

section, the owner of the vehicle shall be liable for the

penalty imposed unless the owner is convicted of the same

violation under another section of this title or has a defense

under subsection (f).

of a certificate, based upon inspection of recorded images

produced by an automated red light enforcement system and sworn

to or affirmed by a police officer employed by the city of the

first class shall be prima facie evidence of the facts contained

in it. The city must include written documentation that the

automated red light enforcement system was operating correctly

at the time of the alleged violation. A recorded image

evidencing a violation of section 3112(a)(3) shall be admissible

in any judicial or administrative proceeding to adjudicate the

liability for the violation.

(d) Penalty.--

(1) The penalty for a violation under subsection (a)

shall be a fine of $100 unless a lesser amount is set by

ordinance.

(2) A fine is not authorized for a violation of this

section if any of the following apply:

(i) The intersection is being manually controlled.

(ii) The signal is in the mode described in section

3114 (relating to flashing signals).

(3) A fine is not authorized during:

(i) The first 120 days of operation of the automated

system at the initial intersection.

(ii) The first 45 days for each additional

intersection selected for the automated system.

(3.1) A warning may be sent to the violator under

paragraph (3).

(4) A penalty imposed under this section shall not be

deemed a criminal conviction and shall not be made part of

the operating record under section 1535 (relating to schedule

of convictions and points) of the individual upon whom the

penalty is imposed, nor may the imposition of the penalty

be subject to merit rating for insurance purposes.

(5) No surcharge points may be imposed in the provision

of motor vehicle insurance coverage. Fines collected under

this section shall not be subject to 42 Pa.C.S. § 3571

(relating to Commonwealth portion of fines, etc.) or 3573

(relating to municipal corporation portion of fines, etc.).

(e) Limitations.--

(1) No automated red light enforcement system shall be

utilized in such a manner as to take a frontal view recorded

image of the vehicle as evidence of having committed a

violation.

(2) Notwithstanding any other provision of law, camera

equipment deployed as part of an automated red light

enforcement system as provided in this section must be

incapable of automated or user-controlled remote intersection

surveillance by means of recorded video images. Recorded

images collected as part of the automated red light

enforcement system must only record traffic violations and

may not be used for any other surveillance purposes. The

restrictions set forth in this paragraph shall not be deemed

to preclude a court of competent jurisdiction from issuing

an order directing that the information be provided to law

enforcement officials if the information is reasonably

described and is requested solely in connection with a

criminal law enforcement action.

(3) Notwithstanding any other provision of law,

information prepared under this section and information

relating to violations under this section which is kept by

the city of the first class, its authorized agents or its

employees, including recorded images, written records,

reports or facsimiles, names, addresses and the number of

violations under this section, shall be for the exclusive

use of the city, its authorized agents, its employees and

law enforcement officials for the purpose of discharging

their duties under this section and under any ordinances and

resolutions of the city. The information shall not be deemed

a public record under the act of February 14, 2008 (P.L.6,

No.3), known as the Right-to-Know Law. The information shall

not be discoverable by court order or otherwise, nor shall

it be offered in evidence in any action or proceeding which

is not directly related to a violation of this section or

any ordinance or resolution of the city. The restrictions

set forth in this paragraph shall not be deemed to preclude

a court of competent jurisdiction from issuing an order

directing that the information be provided to law enforcement

officials if the information is reasonably described and is

requested solely in connection with a criminal law

enforcement action.

(4) Recorded images obtained through the use of

automated red light enforcement systems deployed as a means

of promoting traffic safety in a city of the first class

shall be destroyed within one year of final disposition of

any recorded event. The city shall file notice with the

Department of State that the records have been destroyed in

accordance with this section.

(5) Notwithstanding any other provision of law,

registered vehicle owner information obtained as a result

of the operation of an automated red light enforcement system

under this section shall not be the property of the

manufacturer or vendor of the automated red light enforcement

system and may not be used for any purpose other than

prescribed in this section.

(f) Defenses.--

(1) It shall be a defense to a violation under this

section that the person named in the notice of the violation

was not operating the vehicle at the time of the violation.

The owner may be required to submit evidence that the owner

was not the driver at the time of the alleged violation. The

city of the first class may not require the owner of the

vehicle to disclose the identity of the operator of the

vehicle at the time of the violation.

(2) If an owner receives a notice of violation pursuant

to this section of a time period during which the vehicle

was reported to a police department of any state or

municipality as having been stolen, it shall be a defense

to a violation pursuant to this section that the vehicle has

been reported to a police department as stolen prior to the

time the violation occurred and had not been recovered prior

to that time.

(3) It shall be a defense to a violation under this

section that the person receiving the notice of violation

was not the owner of the vehicle at the time of the offense.

(g) Department approval.--No automated red light enforcement

system may be used without the approval of the department, which

shall have the authority to promulgate regulations for the

certification and use of such systems.

(h) Duty of city.--If a city of the first class elects to

implement this section, the following provisions shall apply:

(1) The city may not use an automated red light

enforcement system unless there is posted an appropriate

automated red light enforcement device is to be used

notifying the public that an automated red light enforcement

device is in use immediately ahead.

(2) The city shall designate or appoint the Philadelphia

Parking Authority as the system administrator to supervise

and coordinate the administration of notices of violation

issued under this section.

(3) The system administrator shall prepare a notice of

violation to the registered owner of a vehicle identified

in a recorded image produced by an automated red light

enforcement system as evidence of a violation of section

3112(a)(3). The issuance of the notice of violation must be

done by a police officer employed by the police department

with primary jurisdiction over the area where the violation

occurred. The notice of violation shall have attached to it

a copy of the recorded image showing the vehicle; the

registration number and state of issuance of the vehicle

registration; the date, time and place of the alleged

violation; that the violation charged is under section

3112(a)(3); and instructions for return of the notice of

violation. The text of the notice must be as follows:

This notice shall be returned personally, by mail or by

an agent duly authorized in writing, within 30 days of

issuance. A hearing may be obtained upon the written

request of the registered owner.

(i) System administrator.--

(1) The system administrator may hire and designate

personnel as necessary or contract for services to implement

this section.

(2) The system administrator shall process fines issued

pursuant to this section.

(3) The system administrator shall submit an annual

report to the chairman and the minority chairman of the

Transportation Committee of the Senate and the chairman and

minority chairman of the Transportation Committee of the

House of Representatives. The report shall be considered a

public record under the Right-to-Know Law and include for

the prior year:

(i) The number of violations and fines issued.

(ii) A compilation of fines paid and outstanding.

(iii) The amount of money paid to a vendor or

manufacturer under this section.

(j) Notice to owner.--In the case of a violation involving

a motor vehicle registered under the laws of this Commonwealth,

the notice of violation must be mailed within 30 days after the

commission of the violation or within 30 days after the

discovery of the identity of the registered owner, whichever

is later, and not thereafter to the address of the registered

owner as listed in the records of the department. In the case

of motor vehicles registered in jurisdictions other than this

Commonwealth, the notice of violation must be mailed within 30

days after the discovery of the identity of the registered

owner, and not thereafter to the address of the registered owner

as listed in the records of the official in the jurisdiction

having charge of the registration of the vehicle. A notice of

violation under this section must be provided to an owner within

90 days of the commission of the offense.

(k) Mailing of notice and records.--Notice of violation

must be sent by first class mail. A manual or automatic record

of mailing prepared by the system administrator in the ordinary

course of business shall be prima facie evidence of mailing and

shall be admissible in any judicial or administrative proceeding

as to the facts contained in it.

(l) Payment of fine.--

(1) An owner to whom a notice of violation has been

issued may admit responsibility for the violation and pay

the fine provided in the notice.

(2) Payment must be made personally, through an

authorized agent, electronically or by mailing both payment

and the notice of violation to the system administrator.

Payment by mail must be made only by money order, credit

card or check made payable to the system administrator. The

system administrator shall remit the fine, less the system

administrator's operation and maintenance costs necessitated

by this section, to the department for deposit into a

restricted receipts account in the Motor License Fund. Fines

deposited in the fund under this paragraph shall be used by

the department to develop, by regulation, a Transportation

Enhancements Grant Program. The department shall award

transportation enhancement grants on a competitive basis.

The department may pay any actual administrative costs

arising from its administration of this section. The

department may not reserve, designate or set aside any

specific level of funds or percentage of funds to an

applicant prior to the completion of the application process,

nor may the department designate a set percentage of funds

to an applicant. Grants shall be awarded by the department

based on the majority vote of a selection committee

consisting of four representatives, with the secretary or

his designee serving as chairman, of the department appointed

by the secretary and four members appointed by the mayor of

the city of the first class. Priority shall be given to

applications seeking grant funds for transportation

enhancements in the municipality where the automated red

light camera system is operated.

(3) Payment of the established fine and applicable

penalties shall operate as a final disposition of the case.

(m) Hearing.--

(1) An owner to whom a notice of violation has been

issued may, within 30 days of the mailing of the notice,

request a hearing to contest the liability alleged in the

notice. A hearing request must be made by appearing before

the system administrator during regular office hours either

personally or by an authorized agent or by mailing a request

in writing.

(2) Upon receipt of a hearing request, the system

administrator shall in a timely manner schedule the matter

before a hearing officer. The hearing officer shall be

designated by the city of the first class. Written notice

of the date, time and place of hearing must be sent by first

class mail to the owner.

(3) The hearing shall be informal; the rules of evidence

shall not apply; and the decision of the hearing officer

shall be final, subject to the right of the owner to appeal

the decision to the traffic court.

(4) If the owner requests in writing that the decision

of the hearing officer be appealed to the traffic court, the

system administrator shall file the notice of violation and

supporting documents with the traffic court, which shall

hear and decide the matter de novo.

(n) Compensation to manufacturer or vendor.--If a city of

the first class has established an automated red light

enforcement system deployed as a means of promoting traffic

safety and the enforcement of the traffic laws of this

Commonwealth or the city, the compensation paid to the

manufacturer or vendor of the automated red light enforcement

system may not be based upon the number of traffic citations

issued or a portion or percentage of the fine generated by the

citations. The compensation paid to the manufacturer or vendor

of the equipment shall be based upon the value of the equipment

and the services provided or rendered in support of the

automated red light enforcement system.

(o) Duration of yellow light change interval.--The duration

of the yellow light change interval at intersections where

automated red light enforcement systems are in use shall conform

to the yellow light change interval duration specified on the

traffic signal permit issued by the department or the first

class city.

(p) Revenue limitation.--A city of the first class may not

collect an amount equal to or greater than 5% of its annual

budget from the collection of revenue from the issuance and

payment of violations under this section.

(q) Expiration.--This section shall expire July 15, 2027.

(Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Dec. 9, 2002,

P.L.1278, No.152, eff. 60 days; Feb. 9, 2004, P.L.65, No.8;

July 14, 2005, P.L.285, No.50, eff. 60 days; Dec. 18, 2007,

P.L.436, No.67, eff. imd.; Dec. 22, 2011, P.L.596, No.129, eff.

imd.; July 2, 2012, P.L.735, No.84, eff. imd.; July 20, 2016,

P.L.861, No.101, eff. 60 days)

2016 Amendment. Act 101 amended subsec. (q).

2012 Amendment. Act 84 reenacted and amended section 3116.

Cross References. Section 3116 is referred to in sections

1332, 3117, 3369, 3370, 3370.1, 9023 of this title.

§ 3117. Automated red light enforcement systems in certain

municipalities.

(a) General rule.--A municipality, upon passage of an

ordinance, is authorized to enforce section 3112(a)(3) (relating

to traffic-control signals) by recording violations using an

automated red light enforcement system approved by the

department.

(b) Applicability.--

(1) This section shall only be applicable at

intersections in a municipality designated by the

municipality with the approval of the secretary under the

requirements of paragraph (2).

(2) No automated red light system shall be installed

until the municipality provides notice to the department of

the location of each intersection. After receiving notice

and before the system may be installed, the department shall

have 60 days to review each proposed intersection and to

issue a recommendation to the municipality which shall

include all of the following:

(i) A statement on whether the proposed intersection

is an appropriate location for an automated red light

enforcement system.

(ii) The data on which the department based the

recommendation.

(3) No system shall be installed if the department does

not issue a recommendation approving the location to the

municipality.

(4) The department may identify the location of an

alternate intersection in the municipality that it determines

is appropriate for an automated red light enforcement system.

the owner of the vehicle shall be liable for the penalty imposed

unless the owner is convicted of the same violation under

another section of this title or has a defense under subsection

(g).

(d) Certificate as evidence.--A certificate, or a facsimile

of a certificate, based upon inspection of recorded images

produced by an automated red light enforcement system and sworn

to or affirmed by a police officer employed by the municipality

shall be prima facie evidence of the facts contained in it. The

municipality must include a written statement that the automated

red light enforcement system was operating correctly at the

time of the alleged violation. A recorded image evidencing a

violation of section 3112(a)(3) shall be admissible in any

judicial or administrative proceeding to adjudicate the

liability for the violation.

(e) Penalty.--

(1) The penalty for a violation under subsection (a)

shall be a fine of $100 unless a lesser amount is set by

ordinance.

(2) A fine is not authorized for a violation of this

section if any of the following apply:

(i) The intersection is being manually controlled.

(ii) The signal is in the mode described in section

3114 (relating to flashing signals).

(3) A fine is not authorized during any of the

following:

(i) The first 60 days of operation of the automated

system at the initial intersection.

(ii) The first 30 days for each additional

intersection selected for the automated system.

(4) A warning may be sent to the violator under

paragraph (3).

(5) A penalty imposed under this section shall not be

deemed a criminal conviction and shall not be made part of

the operating record under section 1535 (relating to schedule

of convictions and points) of the individual upon whom the

penalty is imposed, nor may the imposition of the penalty

be subject to merit rating for insurance purposes.

(6) No surcharge points may be imposed in the provision

of motor vehicle insurance coverage. Fines collected under

this section shall not be subject to 42 Pa.C.S. § 3571

(relating to Commonwealth portion of fines, etc.) or 3573

(relating to municipal corporation portion of fines, etc.).

(f) Limitations.--

(1) No automated red light enforcement system shall be

utilized in such a manner as to take a frontal view recorded

image of the vehicle as evidence of having committed a

violation.

(2) Notwithstanding any other provision of law, camera

equipment deployed as part of an automated red light

enforcement system as provided under this section must be

incapable of automated or user-controlled remote intersection

surveillance by means of recorded video images. Recorded

images collected as part of the automated red light

enforcement system may only record traffic violations and

may not be used for any other surveillance purposes. The

restrictions set forth under this paragraph shall not be

deemed to preclude a court of competent jurisdiction from

issuing an order directing that the information be provided

to law enforcement officials if the information is reasonably

described and is requested solely in connection with a

criminal law enforcement action.

(3) Notwithstanding any other provision of law,

information prepared under this section and information

relating to violations under this section which is kept by

the municipality, its authorized agents or employees,

including recorded images, written records, reports or

facsimiles, names and addresses, shall be for the exclusive

use of the municipality, its authorized agents, its employees

and law enforcement officials for the purpose of discharging

their duties under this section and under any ordinances and

resolutions of the municipality. The information shall not

be deemed a public record under the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law. The

information shall not be discoverable by court order or

otherwise, nor shall it be offered in evidence in any action

or proceeding which is not directly related to a violation

of this section or any ordinance or resolution of the

municipality. The restrictions set forth under this paragraph

shall not be deemed to preclude a court of competent

jurisdiction from issuing an order directing that the

information be provided to law enforcement officials if the

information is reasonably described and is requested solely

in connection with a criminal law enforcement action.

(4) Recorded images obtained through the use of

automated red light enforcement systems deployed as a means

of promoting traffic safety in a municipality shall be

destroyed within 30 days following the final disposition of

any recorded event. The municipality shall file notice with

the Department of State that the records have been destroyed

in accordance with this section.

(5) Notwithstanding any other provision of law,

registered vehicle owner information obtained as a result

of the operation of an automated red light enforcement system

under this section shall not be the property of the

manufacturer or vendor of the automated red light enforcement

system and may not be used for any purpose other than

prescribed in this section.

(g) Defenses.--

(1) It shall be a defense to a violation under this

section that the person named in the notice of the violation

was not operating the vehicle at the time of the violation.

The owner may be required to submit evidence that the owner

was not the driver at the time of the alleged violation. The

municipality may not require the owner of the vehicle to

disclose the identity of the operator of the vehicle at the

time of the violation.

(2) If an owner receives a notice of violation under

this section of a time period during which the vehicle was

reported to a police department of any state or municipality

as having been stolen, it shall be a defense to a violation

under this section that the vehicle has been reported to a

police department as stolen prior to the time the violation

occurred and had not been recovered prior to that time.

(3) It shall be a defense to a violation under this

section that the person receiving the notice of violation

was not the owner or lessor of the vehicle at the time of

the offense.

(h) Department approval.--No automated red light enforcement

system may be used without the approval of the department, which

shall have the authority to promulgate regulations for the

certification and use of such systems.

(i) Duty of municipality.--If a municipality elects to

implement this section, the following provisions shall apply:

(1) The municipality may not use an automated red light

enforcement system unless an appropriate sign is posted in

a conspicuous place before the area in which the automated

red light enforcement device is to be used notifying the

public that an automated red light enforcement device is in

use immediately ahead.

(2) The municipality or its designee shall serve as the

system administrator to supervise and coordinate the

administration of notices of violations issued under this

section.

(3) The following apply:

(i) The system administrator shall prepare a notice

of violation to the registered owner of a vehicle

identified in a recorded image produced by an automated

red light enforcement system as evidence of a violation

of section 3112(a)(3). The issuance of the notice of

violation must be done by a police officer employed by

the police department with primary jurisdiction over the

area where the violation occurred. The notice of

violation must have attached to it all of the following:

(A) A copy of the recorded image showing the

vehicle.

(B) The registration number and state of

issuance of the vehicle registration.

violation.

(D) Notice that the violation charged is under

section 3112(a)(3).

(E) Instructions for return of the notice of

violation.

(ii) The text of the notice must be as follows:

This notice shall be returned personally, by mail

or by an agent duly authorized in writing, within

30 days of issuance. A hearing may be obtained

upon the written request of the registered owner.

(j) System administrator.--

(1) The system administrator may hire and designate

personnel as necessary or contract for services to implement

this section.

(2) The system administrator shall process fines issued

under this section.

(3) The system administrator shall submit an annual

report to the chairman and minority chairman of the

Transportation Committee of the Senate and the chairman and

minority chairman of the Transportation Committee of the

House of Representatives. The report shall be considered a

public record under the Right-to-Know Law and include for

the prior year:

(i) The number of violations and fines issued.

(ii) A compilation of fines paid and outstanding.

(iii) The amount of money paid to a vendor or

manufacturer under this section.

(k) Notice to owner.--In the case of a violation involving

a motor vehicle registered under the laws of this Commonwealth,

the notice of violation must be mailed within 30 days after the

commission of the violation or within 30 days after the

discovery of the identity of the registered owner, whichever

is later, to the address of the registered owner as listed in

the records of the department. In the case of motor vehicles

registered in jurisdictions other than this Commonwealth, the

notice of violation must be mailed within 30 days after the

discovery of the identity of the registered owner to the address

of the registered owner as listed in the records of the official

in the jurisdiction having charge of the registration of the

vehicle. A notice of violation under this section must be

provided to an owner within 90 days of the commission of the

offense.

(l) Mailing of notice and records.--Notice of violation

must be sent by first class mail. A manual or automatic record

of mailing prepared by the system administrator in the ordinary

course of business shall be prima facie evidence of mailing and

shall be admissible in any judicial or administrative proceeding

as to the facts contained in it.

(m) Payment of fine.--

(1) An owner to whom a notice of violation has been

issued may admit responsibility for the violation and pay

the fine provided in the notice.

(2) Except as provided in paragraph (2.1), payment must

be made personally, through an authorized agent,

electronically or by mailing both payment and the notice of

violation to the system administrator. Payment by mail must

be made only by money order, credit card or check made

payable to the system administrator. The system administrator

shall remit the fine, less the system administrator's

operation and maintenance costs necessitated under this

section, to the department for deposit into a restricted

receipts account in the Motor License Fund. Fines deposited

in the fund under this paragraph shall be used by the

department for a Transportation Enhancements Grant Program.

The department shall award transportation enhancement grants

on a competitive basis subject to a selection committee

established by the secretary. The department may pay any

actual administrative costs arising from its administration

of this section. The department may not reserve, designate

or set aside any specific level of funds or percentage of

funds to an applicant prior to the completion of the

application process, nor may the department designate a set

percentage of funds to an applicant. Priority shall be given

to applications seeking grant funds for transportation

enhancements in the municipality where the automated red

light camera system is operated.

(2.1) In a city of the second class, payment must be

made personally, through an authorized agent, electronically

or by mailing both payment and the notice of violation to

the system administrator. Payment by mail must be made only

by money order, credit card or check payable to the system

administrator. The system administrator shall remit the fine,

less the system's operation and maintenance costs

necessitated under this section, to the department for

deposit into a restricted receipts account in the Motor

License Fund. Fines deposited in the fund under this

paragraph shall be used by the department for a

Transportation Enhancement Grants Program. The department

shall award transportation enhancement grants on a

competitive basis. The department may pay any actual

administrative costs arising from its administration of this

section. The department may not reserve, designate or set

aside any specific level of funds or percentage of funds to

an applicant prior to the completion of the application

process, nor may the department designate a set percentage

of funds to an applicant. Grants shall be awarded by the

department based on the majority vote of a selection

committee consisting of four representatives of the

department appointed by the secretary and four members

appointed by the mayor of the city of the second class, with

the secretary or his designee serving as chairman. Priority

shall be given to applications seeking grant funds for

transportation enhancements in the municipality where the

automated red light camera system is operated.

(3) Payment of the established fine and applicable

penalties shall operate as a final disposition of the case.

(n) Hearing.--

(1) An owner to whom a notice of violation has been

issued may, within 30 days of the mailing of the notice,

request a hearing to contest the liability alleged in the

notice. A hearing request must be made by appearing before

the system administrator during regular office hours either

personally or by an authorized agent or by mailing a request

in writing.

(2) Upon receipt of a hearing request, the system

administrator shall in a timely manner schedule the matter

before a hearing officer. The hearing officer shall be

designated by the municipality. Written notice of the date,

time and place of hearing must be sent by first class mail

to the owner.

(3) The hearing shall be informal, the rules of evidence

shall not apply and the decision of the hearing officer shall

be final, subject to the right of the owner to appeal the

decision to the magisterial district judge.

(4) If the owner requests in writing that the decision

of the hearing officer be appealed to the magisterial

district judge, the system administrator shall file the

notice of violation and supporting documents with the

magisterial district judge, who shall hear and decide the

matter de novo.

(o) Compensation to manufacturer or vendor.--If a

municipality has established an automated red light enforcement

system deployed as a means of promoting traffic safety and the

enforcement of the traffic laws of this Commonwealth or the

municipality, the compensation paid to the manufacturer or

vendor of the automated red light enforcement system may not

be based upon the number of traffic citations issued or a

portion or percentage of the fine generated by the citations.

The compensation paid to the manufacturer or vendor of the

equipment shall be based upon the value of the equipment and

the services provided or rendered in support of the automated

red light enforcement system.

(p) Duration of yellow light change interval.--The duration

of the yellow light change interval at intersections where

automated red light enforcement systems are in use shall conform

to the yellow light change interval duration specified on the

traffic signal permit issued by the department or municipality.

(q) Revenue limit.--A municipality may not collect an amount

equal to or greater than 5% of its annual budget from the

collection of revenue from the issuance and payment of

violations under this section.

(r) Report.--The department shall conduct an evaluation of

section 3116 (relating to automated red light enforcement

systems in first class cities) and of any municipality that

approved automated red light enforcement systems under this

section. The evaluation shall include, but is not limited to,

the effectiveness of automated red light enforcement systems

in this Commonwealth and the conditions that should be present

in order for a municipality to consider approving automated red

light enforcement systems at intersections within the

municipality based on the class and size of the municipality,

the average daily traffic, the number of collisions and

fatalities, the collection of fines, the revenue limit and the

allocation of revenue received. The department shall complete

the evaluation by June 1, 2017, and provide a copy to the

chairperson of the Transportation Committee of the Senate and

the chairperson of the Transportation Committee of the House

of Representatives.

(s) Expiration.--This section shall expire July 15, 2027.

(t) Definitions.--As used in this section:

(1) The term "designee" shall include a person, business

entity or governmental entity, including the department.

(2) The term "municipality" means:

(i) A city, borough or township with a population

under the 2010 Federal Decennial Census exceeding 20,000

with a police agency accredited by the Pennsylvania

Chiefs of Police Association in a county of the second

class A.

(ii) A city, borough or township with a population

under the 2010 Federal Decennial Census exceeding 20,000

with a police agency accredited by the Pennsylvania

Chiefs of Police Association in a county of the third

class with a population between 490,000 and 510,000.

(iii) A city of the second class.

(July 2, 2012, P.L.735, No.84, eff. 90 days; July 20, 2016,

P.L.861, No.101, eff. 60 days)

2016 Amendment. Act 101 added subsec. (r), amended and

relettered former subsec. (r) to subsec. (s) and relettered

former subsec. (s) to subsec. (t).

2012 Amendment. Act 84 added section 3117.

Cross References. Section 3117 is referred to in sections

1332, 9023 of this title.

SUBCHAPTER C

FINES

Sec.

3121. EMS costs.

Enactment. Subchapter C was added August 18, 2009, P.L.308,

No.37, effective in 180 days.

§ 3121. EMS costs.

In addition to any other costs that may be imposed under

this part for a traffic violation, except for a parking

violation, a cost of $20 shall be imposed. Moneys collected

shall be forwarded to the State Treasurer for deposit in the

Emergency Medical Services Operating Fund.

(Oct. 29, 2020, P.L.773, No.93, eff. 120 days)

Cross References. Section 3121 is referred to in section

8153 of Title 35 (Health and Safety).

CHAPTER 33

RULES OF THE ROAD IN GENERAL

Subchapter

A. General Provisions

B. Right-of-way

C. Turning, Starting and Signals

D. Special Stops Required

E. Stopping, Standing and Parking

F. Speed Restrictions

Enactment. Chapter 33 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977, unless otherwise noted.

Cross References. Chapter 33 is referred to in section 1614

of this title.

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

3301. Driving on right side of roadway.

3302. Meeting vehicle proceeding in opposite direction.

3303. Overtaking vehicle on the left.

3304. Overtaking vehicle on the right.

3305. Limitations on overtaking on the left.

3306. Limitations on driving on left side of roadway.

3307. No-passing zones.

3308. One-way roadways and rotary traffic islands.

3309. Driving on roadways laned for traffic.

3310. Following too closely.

3311. Driving on divided highways.

3312. Limited access highway entrances and exits.

3313. Restrictions on use of limited access highways.

3314. Prohibiting use of hearing impairment devices.

3315. Passing and overtaking streetcars.

3316. Prohibiting text-based communications.

3316.1. Prohibiting use of interactive mobile device.

3317. Platooning.

§ 3301. Driving on right side of roadway.

(a) General rule.--Upon all roadways of sufficient width,

a vehicle shall be driven upon the right half of the roadway

except as follows:

(1) When overtaking and passing another vehicle

proceeding in the same direction where permitted by the rules

governing such movement.

(2) When an obstruction exists making it necessary to

drive to the left of the center of the roadway, provided the

driver yields the right-of-way to all vehicles traveling in

the proper direction upon the unobstructed portion of the

roadway within such distance as to constitute a hazard.

(3) When and where official traffic-control devices are

in place designating a lane or lanes to the left side of the

center of the roadway for the movement indicated by the

devices.

(4) Upon a roadway restricted to one-way traffic.

(5) When making a left turn as provided in sections

3322 (relating to vehicle turning left) and 3331 (relating

to required position and method of turning).

(6) In accordance with section 3303(a)(3) (relating to

overtaking vehicle on the left).

(b) Vehicle proceeding at less than normal speed.--

(1) Upon all roadways any vehicle proceeding at less

than the normal speed of traffic at the time and place and

under the conditions then existing shall be driven in the

right-hand lane then available for traffic, or as close as

practicable to the right-hand curb or edge of the roadway,

except when overtaking and passing another vehicle proceeding

in the same direction or when preparing for a left turn at

an intersection or into an alley, private road or driveway.

(2) This subsection does not apply to:

(i) A driver who must necessarily drive in a lane

other than the right-hand lane to continue on his

intended route.

(ii) A pedalcycle operating in accordance with

Chapter 35 (relating to special vehicles and

pedestrians).

(1) Upon all roadways, any pedalcycle operating in

accordance with Chapter 35, proceeding at less than the

normal speed of traffic at the time and place and under the

conditions then existing shall be driven in the right-hand

lane then available for traffic, or as close as practicable

to the right-hand curb or edge of the roadway, except when

overtaking and passing another vehicle proceeding in the

same direction or when preparing for a left turn at an

intersection or into an alley, private road or driveway.

(2) This subsection does not apply to:

(i) A pedalcycle using any portion of an available

roadway due to unsafe surface conditions.

(ii) A pedalcycle using a roadway that has a width

of not more than one lane of traffic in each direction.

(Feb. 2, 2012, P.L.27, No.3, eff. 60 days)

Cross References. Section 3301 is referred to in sections

3306, 3307, 3505 of this title.

§ 3302. Meeting vehicle proceeding in opposite direction.

Drivers of vehicles proceeding in opposite directions shall

pass each other to the right and, upon roadways having width

for not more than one line of traffic in each direction, each

driver shall give to the other at least one-half of the

main-traveled portion of the roadway as nearly as possible.

Cross References. Section 3302 is referred to in sections

1535, 3326, 3327 of this title.

§ 3303. Overtaking vehicle on the left.

(a) General rule.--The following rules shall govern the

overtaking and passing of vehicles proceeding in the same

direction, subject to the limitations, exceptions and special

rules stated in this chapter:

(1) The driver of a vehicle overtaking another vehicle

proceeding in the same direction shall pass to the left of

the other vehicle at a safe distance and shall stay to the

left of the other vehicle until safely clear of the overtaken

vehicle.

(2) Except when overtaking and passing on the right is

permitted, the driver of an overtaken vehicle shall not

increase the speed of the vehicle until completely passed

by the overtaking vehicle and shall give way to the right

in favor of the overtaking vehicle on suitable signal.

(3) The driver of a motor vehicle overtaking a

pedalcycle proceeding in the same direction shall pass to

the left of the pedalcycle within not less than four feet

at a careful and prudent reduced speed.

(b) Suitable signal defined.--Suitable signal for purposes

of subsection (a)(2) shall be as follows:

(1) At all times when head lamps are required to be

lighted according to section 4302 (relating to the period

for requiring lighted lamps), an audible signal or the

intermittent flashing of low and high beams except that the

use of high beams shall not be permitted when a vehicle is

approaching from the opposite direction within 500 feet.

(2) At all other times, an audible signal.

(Feb. 2, 2012, P.L.27, No.3, eff. 60 days)

2012 Amendment. Act 3 added subsec. (a)(3).

Cross References. Section 3303 is referred to in sections

1535, 3301, 3307, 3326, 3327 of this title.

§ 3304. Overtaking vehicle on the right.

(a) General rule.--The driver of a vehicle may overtake and

pass upon the right of another vehicle only under one of the

following conditions:

(1) When the vehicle overtaken is making or about to

make a left turn, except that such movement shall not be

made by driving off the berm or shoulder of the highway.

(2) Upon a roadway with unobstructed pavement of

sufficient width for two or more lines of vehicles moving

lawfully in the direction being traveled by the overtaken

vehicle, except that such movement shall not be made by

driving off the roadway.

(b) Limitation.--No passing movement under this section

shall be made unless the movement can be made in safety.

Cross References. Section 3304 is referred to in sections

1535, 3326, 3327 of this title.

§ 3305. Limitations on overtaking on the left.

No vehicle shall be driven to the left side of the center

or marked center line of the roadway in overtaking and passing

another vehicle proceeding in the same direction unless the

left side is clearly visible and is free of oncoming traffic

for a sufficient distance ahead to permit the overtaking and

passing to be completely made without interfering with the

operation of any vehicle approaching from the opposite direction

or any vehicle overtaken. In every event the overtaking vehicle

must return to an authorized lane of travel as soon as

practicable and, in the event the passing movement involves the

use of a lane authorized for vehicles approaching from the

opposite direction, before coming within 200 feet of any

approaching vehicle.

Cross References. Section 3305 is referred to in sections

1535, 1603, 3307, 3326, 3327 of this title.

§ 3306. Limitations on driving on left side of roadway.

(a) General rule.--No vehicle shall be driven on the left

side of the roadway under any of the following conditions:

(1) When approaching or upon the crest of a grade or a

curve in the highway where the driver's view is obstructed

within such distance as to create a hazard in the event

another vehicle might approach from the opposite direction.

(2) When approaching within 100 feet of or traversing

any intersection or railroad grade crossing, unless otherwise

indicated by official traffic-control devices.

(3) When the view is obstructed upon approaching within

100 feet of any bridge, viaduct or tunnel.

(b) Application of section.--This section does not apply

under the conditions described in section 3301(a)(2),(3),(4)

and (5) (relating to driving on right side of roadway).

Cross References. Section 3306 is referred to in sections

1535, 1603, 3326, 3327, 6506 of this title.

§ 3307. No-passing zones.

(a) Establishment and marking.--The department and local

authorities may determine those portions of any highway under

their respective jurisdictions where overtaking and passing or

driving on the left side of the roadway would be especially

hazardous and shall by appropriate signs or markings on the

roadway indicate the beginning and end of such zones and when

the signs or markings are in place and clearly visible to an

ordinarily observant person every driver of a vehicle shall

obey the directions of the signs or markings. Signs shall be

placed to indicate the beginning and end of each no-passing

zone.

(b) Compliance by drivers.--Where signs and markings are

in place to define a no-passing zone as set forth in subsection

(a), no driver shall at any time drive on the left side of the

roadway within the no-passing zone or on the left side of any

pavement striping designed to mark a no-passing zone throughout

its length.

(b.1) Overtaking pedalcycles.--It is permissible to pass a

pedalcycle, if done in accordance with sections 3303(a)(3)

(relating to overtaking vehicle on the left) and 3305 (relating

to limitations on overtaking on the left).

under the conditions described in section 3301(a)(2) and (5)

(relating to driving on right side of roadway).

(Feb. 2, 2012, P.L.27, No.3, eff. 60 days)

2012 Amendment. Act 3 added subsec. (b.1).

Cross References. Section 3307 is referred to in sections

1535, 1603, 3326, 3327, 6109 of this title.

§ 3308. One-way roadways and rotary traffic islands.

(a) Establishment and marking.--The department and local

authorities with respect to highways under their respective

jurisdictions may designate any highway, roadway, part of a

roadway or specific lanes upon which vehicular traffic shall

proceed in one direction at all or such times as shall be

indicated by official traffic-control devices.

(b) Driving on one-way roadway.--Upon a roadway designated

for one-way traffic, a vehicle shall be driven only in the

direction designated at all or such times as shall be indicated

by official traffic-control devices.

around a rotary traffic island shall be driven only to the right

of the island.

Cross References. Section 3308 is referred to in sections

3745.1, 6109 of this title.

§ 3309. Driving on roadways laned for traffic.

Whenever any roadway has been divided into two or more

clearly marked lanes for traffic the following rules in addition

to all others not inconsistent therewith shall apply:

(1) Driving within single lane.--A vehicle shall be

driven as nearly as practicable entirely within a single

lane and shall not be moved from the lane until the driver

has first ascertained that the movement can be made with

safety.

(2) Three lane roadways.--Upon a roadway which is

divided into three lanes and provides for two-way movement

of traffic, a vehicle shall not be driven in the center lane

except when overtaking and passing another vehicle traveling

in the same direction when the center lane is clear of

traffic within a safe distance, or in preparation for making

a left turn, or where the center lane is allocated

exclusively to traffic moving in the same direction that the

vehicle is proceeding and the allocation is designated by

official traffic-control devices.

(3) Lanes limited to specific use.--Official

traffic-control devices may be erected to restrict the use

of specified lanes to specified classes or types of traffic

or vehicles, including multioccupant vehicles or car pools,

and drivers of vehicles shall obey the directions of every

such device.

(4) Prohibitions against changing lanes.--Official

traffic-control devices may be installed prohibiting the

changing of lanes on a section of roadway and drivers of

vehicles shall obey the directions of every such device.

Cross References. Section 3309 is referred to in sections

1603, 3326 of this title.

§ 3310. Following too closely.

(a) General rule.--The driver of a motor vehicle shall not

follow another vehicle more closely than is reasonable and

prudent, having due regard for the speed of the vehicles and

the traffic upon and the condition of the highway.

(b) Combinations of vehicles and trucks.--The driver of any

motor vehicle drawing another vehicle or of any truck when

traveling upon a roadway outside of an urban district and

following a motor vehicle drawing another vehicle or following

a truck shall, whenever conditions permit, leave sufficient

space so that an overtaking vehicle may enter and occupy the

space without danger, except that this subsection does not

prevent a motor vehicle drawing another vehicle or prevent a

truck from overtaking and passing any vehicle or combination

of vehicles.

an urban district, motor vehicles being driven in a caravan or

motorcade, whether or not towing other vehicles, shall be so

operated as to allow sufficient space between each vehicle or

combination of vehicles so as to enable any other vehicle to

enter and occupy space without danger. This subsection does not

apply to funeral processions, which shall not be interrupted

by any vehicle other than an emergency vehicle.

(Aug. 5, 1991, P.L.238, No.26, eff. imd.)

1991 Amendment. Act 26 amended subsec. (c).

Cross References. Section 3310 is referred to in sections

1535, 1603, 3326, 3327, 8532 of this title.

§ 3311. Driving on divided highways.

(a) General rule.--Whenever any highway has been divided

into two or more roadways by leaving an intervening space,

physical barrier or clearly indicated dividing section so

constructed as to impede vehicular traffic, every vehicle shall

be driven only upon the right-hand roadway unless directed or

permitted to use another roadway by official traffic-control

devices, police officers or appropriately attired persons

authorized to direct, control or regulate traffic. No vehicle

shall be driven over, across or within any such dividing space,

barrier or section except through an opening in the physical

barrier or dividing section or space or at a crossover or

intersection as established.

(b) Traffic-control devices regulating turns.--Whenever

necessary for the protection and safety of traffic, official

traffic-control devices may be installed at an opening in the

physical barrier or dividing section or space or at a crossover

or intersection prohibiting or regulating a turn or turns as

may be necessary pursuant to the authority of this title.

§ 3312. Limited access highway entrances and exits.

No person shall drive a vehicle onto or from any limited

access highway except at such entrances and exits as are

established by public authority.

Cross References. Section 3312 is referred to in section

3327 of this title.

§ 3313. Restrictions on use of limited access highways.

(a) General rule.--The department may regulate or prohibit

the use of any limited access highway by any class or kind of

traffic which is found to be incompatible with the normal and

safe movement of traffic.

(b) Traffic-control devices at entrances.--The department,

when adopting any prohibition under this section, shall erect

and maintain official traffic-control devices at the entrances

to the limited access highway on which the prohibitions are

applicable and when in place no person shall disobey the

restrictions stated on the devices.

or second class, motorcycles may be operated upon any limited

access highway in an urban district in a lane specified for

multioccupant vehicles or car pools, except where the department

can demonstrate that such use will create a safety hazard.

(d) Driving in right lane.--

(1) Except as provided in paragraph (2) and unless

otherwise posted, upon all limited access highways having

two or more lanes for traffic moving in the same direction,

all vehicles shall be driven in the right-hand lanes when

available for traffic except when any of the following

conditions exist:

(i) When overtaking and passing another vehicle

proceeding in the same direction.

(ii) When traveling at a speed greater than the

traffic flow.

(iii) When moving left to allow traffic to merge.

(iv) When preparing for a left turn at an

intersection, exit or into a private road or driveway

when such left turn is legally permitted.

(2) Unless otherwise posted, no vehicle or combination

over 10,000 pounds may be driven in the left-hand lane of a

limited access highway having three or more lanes for traffic

moving in the same direction except when preparing for a

left turn at an intersection, an exit or into a private road

or driveway when such left turn is legally permitted.

(Apr. 29, 1994, P.L.148, No.25, eff. 60 days; June 25, 1999,

P.L.164, No.23, eff. 180 days; June 26, 2001, P.L.734, No.75,

eff. 60 days)

2001 Amendment. Act 75 amended subsec. (d).

1994 Amendment. Act 25 added subsec. (c).

§ 3314. Prohibiting use of hearing impairment devices.

(a) General rule.--No driver shall operate a vehicle while

wearing or using one or more headphones or earphones.

(b) Exception.--This section does not prohibit the use of

hearing aids or other devices for improving the hearing of the

driver, nor does it prohibit the use of a headset in conjunction

with a cellular telephone that only provides sound through one

ear and allows surrounding sounds to be heard with the other

ear, nor does it prohibit the use of communication equipment

by the driver of an emergency vehicle or by motorcycle operators

complying with section 3525 (relating to protective equipment

for motorcycle riders).

(Mar. 29, 1984, P.L.159, No.31, eff. imd.; May 20, 1993, P.L.30,

No.10, eff. 60 days; July 6, 1995, P.L.315, No.48, eff. 60 days)

§ 3315. Passing and overtaking streetcars.

(a) General rule.--Notwithstanding any other provision of

this subchapter, the driver of a vehicle may not overtake and

pass to the left of a streetcar proceeding in the same

direction, whether the streetcar is actually in motion or

temporarily halted to receive or discharge passengers, if

overtaking or passing requires driving in a lane normally used

by traffic moving in the opposite direction.

(b) Streetcar stopped to receive or discharge

passengers.--The driver of a vehicle may not overtake and pass

a streetcar which has stopped to receive or discharge passengers

on the side on which passengers board or alight until the doors

of the streetcar are closed and passengers who are discharged

have reached the side of the highway.

to locations where streetcars are operating on tracks located

within a median section of the roadway separated from the

roadway by curbs or other physical barriers.

(May 11, 2006, P.L.159, No.37, eff. 60 days)

2006 Amendment. Act 37 added section 3315.

§ 3316. Prohibiting text-based communications.

(a) Prohibition.--No driver shall operate a motor vehicle

on a highway or trafficway in this Commonwealth while using an

interactive mobile device to send, read or write a text-based

communication while the vehicle is in motion. A person does not

send, read or write a text-based communication when the person

reads, selects or enters a telephone number or name in an

interactive mobile device for the purpose of activating or

deactivating a voice communication or a telephone call.

(b) Emergency use exception.--Texting while driving shall

be permissible by a driver of a motor vehicle if necessary to

communicate with a law enforcement official or other emergency

services to prevent injury to persons or property.

construed as authorizing the seizure or forfeiture of an

interactive mobile device, unless otherwise provided by law.

(d) Penalty.--A person who violates subsection (a) commits

a summary offense and shall, upon conviction, be sentenced to

pay a fine of $50.

(d.1) Prohibition on similar citations.--A person may not

be charged with a violation of section 3316.1 (relating to

prohibiting use of interactive mobile device) concurrently with

a violation of subsection (a) for an offense committed at the

same time and place.

(e) Preemption of local ordinances.--In accordance with

section 6101 (relating to applicability and uniformity of

title), this section supersedes and preempts all ordinances of

any municipality with regard to the use of an interactive mobile

device by the driver of a motor vehicle.

(f) Definition.--As used in this section, the term

"text-based communication" means a text message, instant

message, electronic mail or other written communication composed

or received on an interactive mobile device.

(Nov. 9, 2011, P.L.406, No.98, eff. 120 days; June 5, 2024,

P.L.366, No.18, eff. 12 mos.)

2024 Amendment. The preamble of Act 18 provided that Act

18 may be referred to as Paul Miller's Law.

Cross References. Section 3316 is referred to in sections

3316.1, 3732, 3732.1 of this title.

§ 3316.1. Prohibiting use of interactive mobile device.

(a) Motor vehicle.--Except as provided under subsection

(b), no driver shall use an interactive mobile device while

driving a motor vehicle.

(b) Emergency use exception.--Using an interactive mobile

device shall be permissible by a driver of a motor vehicle if

necessary to communicate with a law enforcement official or

other emergency services to prevent injury to persons or

property.

a person who violates this section commits a summary offense

and shall, upon conviction, be sentenced to pay a fine of $50.

(d) Preemption of local ordinances.--In accordance with

section 6101 (relating to applicability and uniformity of

title), this section supersedes and preempts all ordinances of

any municipality with regard to the use of an interactive mobile

device by a driver of a motor vehicle.

(e) Seizure.--Nothing in this section shall be construed

to authorize the seizure or forfeiture of an interactive mobile

device, unless otherwise provided by law.

(f) Law enforcement education.--The department, in

consultation with the Pennsylvania State Police, shall develop

and electronically distribute education materials for law

enforcement on how to effectively detect distracted drivers,

regardless of age, sex, race or ethnicity, who violate this

section.

(g) Warning period.--For the first 12 months after the

effective date of this subsection, a driver who violates

subsection (a) may only be issued a written warning for a

violation.

(h) Prohibition on similar citations.--A person may not be

charged with a violation of section 3316 (relating to

prohibiting text-based communications) concurrently with a

violation of subsection (a) for an offense committed at the

same time and place.

(i) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Driving." Operating a motor vehicle on a highway, including

while the motor vehicle is temporarily stationary because of

traffic, a traffic control device or other momentary delay. The

term does not include operating a motor vehicle if the driver

moved the vehicle to the side of or off of a highway and halted

in a location where the vehicle can safely remain stationary.

"Use an interactive mobile device." As follows:

(1) Using at least one hand to hold, or supporting with

another part of the body, an interactive mobile device.

(2) Dialing or answering an interactive mobile device

by pressing more than a single button.

(3) Reaching for an interactive mobile device in a

manner that requires a driver to maneuver so that the driver

is no longer in a seated driving position, restrained by a

seat belt that is installed in accordance with 49 CFR 393.93

(relating to seats, seat belt assemblies, and seat belt

assembly anchorages) and adjusted in accordance with the

vehicle manufacturer's instructions.

(June 5, 2024, P.L.366, No.18, eff. 12 mos.)

2024 Amendment. Act 18 added section 3316.1. The preamble

of Act 18 provided that Act 18 may be referred to as Paul

Miller's Law.

Cross References. Section 3316.1 is referred to in sections

3316, 3732, 3732.1 of this title.

§ 3317. Platooning (Repealed).

2022 Repeal. Section 3317 was repealed November 3, 2022,

P.L.1946, No.130, effective in 240 days.

SUBCHAPTER B

RIGHT-OF-WAY

Sec.

3321. Vehicle approaching or entering intersection.

3322. Vehicle turning left.

3323. Stop signs and yield signs.

3324. Vehicle entering or crossing roadway.

3325. Duty of driver on approach of emergency vehicle.

3326. Duty of driver in construction and maintenance areas or

on highway safety corridors.

3327. Duty of driver in emergency response areas and in

relation to disabled vehicles.

3328. Unmarked police vehicles.

3329. Duty of driver in litter enforcement corridors.

§ 3321. Vehicle approaching or entering intersection.

(a) General rule.--When two vehicles approach or enter an

intersection from different highways at approximately the same

time, the driver of the vehicle on the left shall yield the

right-of-way to the vehicle on the right.

(b) Exception.--The right-of-way rule established in

subsection (a) is not applicable:

(1) on through highways, where the traffic on the

through highway shall have the right-of-way;

(2) on limited-access highways, where the traffic on

the limited-access highway shall have the right-of-way;

(3) in traffic circles, where the traffic in the traffic

circle shall have the right-of-way; and

(4) as otherwise provided in this part.

(Dec. 11, 1986, P.L.1530, No.166, eff. 60 days)

Cross References. Section 3321 is referred to in section

1535 of this title.

§ 3322. Vehicle turning left.

The driver of a vehicle intending to turn left within an

intersection or into an alley, private road or driveway shall

yield the right-of-way to any vehicle approaching from the

opposite direction which is so close as to constitute a hazard.

Cross References. Section 3322 is referred to in sections

1535, 3301 of this title.

§ 3323. Stop signs and yield signs.

(a) Intersections controlled by signs.--Preferential

right-of-way at an intersection may be indicated by stop signs

or yield signs as authorized in section 6124 (relating to

erection of traffic-control devices at intersections).

(b) Duties at stop signs.--Except when directed to proceed

by a police officer or appropriately attired persons authorized

to direct, control or regulate traffic, every driver of a

vehicle approaching a stop sign shall stop at a clearly marked

stop line or, if no stop line is present, before entering a

crosswalk on the near side of the intersection or, if no

crosswalk is present, then at the point nearest the intersecting

roadway where the driver has a clear view of approaching traffic

on the intersecting roadway before entering. If, after stopping

at a crosswalk or clearly marked stop line, a driver does not

have a clear view of approaching traffic, the driver shall after

yielding the right-of-way to any pedestrian in the crosswalk

slowly pull forward from the stopped position to a point where

the driver has a clear view of approaching traffic. The driver

shall yield the right-of-way to any vehicle in the intersection

or approaching on another roadway so closely as to constitute

a hazard during the time when the driver is moving across or

within the intersection or junction of roadways and enter the

intersection when it is safe to do so.

approaching a yield sign shall in obedience to the sign slow

down to a speed reasonable for the existing conditions and, if

required for safety to stop, shall stop before entering a

crosswalk on the near side of the intersection or, if none,

then at the point nearest the intersecting roadway where the

driver has a view of approaching traffic on the intersecting

roadway before entering. After slowing down or stopping, the

driver shall yield the right-of-way to any vehicle in the

intersection or approaching on another roadway so closely as

to constitute a hazard during the time the driver is moving

across or within the intersection of roadways. If a driver is

involved in a collision with a vehicle in the intersection or

junction of roadways after driving past a yield sign, the

collision shall be deemed prima facie evidence of failure of

the driver to yield the right-of-way.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 amended subsec. (b).

Cross References. Section 3323 is referred to in sections

1535, 3112, 3114, 3326, 3327 of this title.

§ 3324. Vehicle entering or crossing roadway.

The driver of a vehicle about to enter or cross a roadway

from any place other than another roadway shall yield the

right-of-way to all vehicles approaching on the roadway to be

entered or crossed.

Cross References. Section 3324 is referred to in section

1535 of this title.

§ 3325. Duty of driver on approach of emergency vehicle.

(a) General rule.--Upon the immediate approach of an

emergency vehicle making use of an audible signal and visual

signals meeting the requirements and standards set forth in

regulations adopted by the department, the driver of every other

vehicle shall yield the right-of-way and shall immediately drive

to a position parallel to, and as close as possible to, the

right-hand edge or curb of the roadway clear of any intersection

and shall stop and remain in that position until the emergency

vehicle has passed, except when otherwise directed by a police

officer or an appropriately attired person authorized to direct,

control or regulate traffic. On one-way roadways a driver may

comply by driving to the edge or curb which is nearest to the

lane in which he is traveling.

(b) Duty of operator of streetcar.--Upon the approach of

an emergency vehicle, the operator of every streetcar shall

immediately stop the streetcar clear of any intersection and

remain in that position until the emergency vehicle has passed,

except when otherwise directed by a police officer or an

appropriately attired person authorized to direct, control or

regulate traffic.

section if the defendant can show by a preponderance of the

evidence that the failure to stop immediately for a police

officer was based on a good faith concern for personal safety.

In determining whether the defendant has met this burden, the

court may consider the following factors:

(1) The time and location of the event.

(2) The type of vehicle used by the police officer.

(3) The defendant's conduct while being followed by the

police officer.

(4) Whether the defendant stopped at the first available

reasonably lighted or populated area.

(5) Any other factor considered relevant by the court.

(June 26, 2001, P.L.734, No.75, eff. 60 days)

Cross References. Section 3325 is referred to in sections

3327, 3732, 3732.1 of this title.

§ 3326. Duty of driver in construction and maintenance areas

or on highway safety corridors.

(a) Areas indicated by traffic-control devices.--The driver

of a vehicle shall yield the right-of-way to any authorized

vehicle or pedestrian actually engaged in work upon a highway

within any highway or utility construction or maintenance area

indicated by official traffic-control devices placed in

accordance with department regulations, including advanced

warning signs or a vehicle having flashing or revolving yellow

lights.

(b) Work vehicles displaying flashing lights.--The driver

of a vehicle shall yield the right-of-way to any authorized

vehicle obviously and actually engaged in work upon a highway

whenever the vehicle displays flashing lights meeting the

requirements and regulations promulgated by the department.

violations, when committed in an active work zone manned by

workers acting in their official capacity or on a highway safety

corridor designated under section 6105.1 (relating to

designation of highway safety corridors), the fine shall be

double the usual amount:

Section 3102 (relating to obedience to authorized

persons directing traffic).

Section 3111 (relating to obedience to

traffic-control devices).

Section 3112 (relating to traffic-control signals).

Section 3114 (relating to flashing signals).

Section 3302 (relating to meeting vehicle proceeding

in opposite direction).

Section 3303 (relating to overtaking vehicle on the

left).

Section 3304 (relating to overtaking vehicle on the

right).

Section 3305 (relating to limitations on overtaking

on the left).

Section 3306 (relating to limitations on driving on

left side of roadway).

Section 3307 (relating to no-passing zones).

Section 3309 (relating to driving on roadways laned

for traffic).

Section 3310 (relating to following too closely).

Section 3323 (relating to stop signs and yield

signs).

Section 3326 (relating to duty of driver in

construction and maintenance areas).

Section 3361 (relating to driving vehicle at safe

speed).

Section 3362 (relating to maximum speed limits).

Section 3702 (relating to limitations on backing).

Section 3714 (relating to careless driving).

Section 3736 (relating to reckless driving).

Section 3802 (relating to driving under influence

of alcohol or controlled substance).

(c.1) Applicability of subsection (c).--Fines under

subsection (c) shall be doubled only if the active work zone

or highway safety corridor where the violation occurred is

posted with an official sign in accordance with this section.

(c.2) Penalties for bodily injury or death.--In addition

to any other penalty prescribed by law, a driver who violates

this section and causes bodily injury to, serious bodily injury

to or the death of a worker acting in the worker's official

capacity or on a highway safety corridor designated under

section 6105.1 commits an offense and shall, upon conviction,

adjudication of delinquency or admission into an Accelerated

Rehabilitative Disposition program or a preadjudication program:

(1) For causing bodily injury as defined in 18 Pa.C.S.

§ 2301 (relating to definitions), pay a fine of not more

than $1,000.

(2) For causing serious bodily injury, pay a fine of

not more than $5,000.

(3) For causing death, pay a fine of not more than

$10,000.

(c.3) Suspension of operating privilege.--Upon receiving a

certified record of the driver's conviction, adjudication of

delinquency or admission into an Accelerated Rehabilitative

Disposition program or a preadjudication program for a violation

of this section, the department shall suspend the operating

privilege of the driver in accordance with the following:

(1) For a period of six months if the certified

conviction, adjudication of delinquency or admission into

an Accelerated Rehabilitative Disposition program or a

preadjudication program indicates the violation resulted in

the serious bodily injury of a worker acting in the worker's

official capacity or on a highway safety corridor designated

under section 6105.1.

(2) For a period of one year if the certified

conviction, adjudication of delinquency or admission into

an Accelerated Rehabilitative Disposition program or a

preadjudication program indicates the violation resulted in

the death of a worker acting in the worker's official

capacity or on a highway safety corridor designated under

section 6105.1.

(d) Notice.--

(1) Official traffic-control devices shall be

appropriately placed to notify motorists that increased

penalties apply for moving violations in active work zones

signed in compliance with this subsection and subsection

(e).

(2) Official traffic control devices shall be

appropriately placed to notify motorists that increased

penalties apply for moving violations in highway safety

corridors.

(e) Posting.--Official traffic-control devices shall be

erected at the beginning of an active work zone with a white

strobe light or other unique, illuminated light or device. The

light or device shall indicate that workers are present in the

active work zone. The light or device shall be turned off if

no workers are present. An official traffic-control device shall

be erected immediately at the end of the active work zone

indicating that workers are no longer present.

(July 5, 1989, P.L.164, No.30, eff. 60 days; July 6, 1995,

P.L.315, No.48, eff. 60 days; Dec. 23, 2002, P.L.1982, No.229,

eff. 6 months; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1,

2004; Nov. 24, 2015, P.L.431, No.70, eff. 6 months)

2015 Amendment. Act 70 added subsecs. (c.2) and (c.3).

2003 Amendment. Act 24 amended subsec. (c).

Cross References. Section 3326 is referred to in section

1603 of this title.

§ 3327. Duty of driver in emergency response areas and in

relation to disabled vehicles.

(a) Emergency response areas.--When approaching or passing

an emergency response area, a person, unless otherwise directed

by an emergency service responder, shall:

(1) pass in a lane not adjacent to that of the emergency

response area, if possible; or

(2) if passing in a nonadjacent lane is impossible,

illegal or unsafe, pass the emergency response area at a

speed of no more than 20 miles per hour less than the posted

speed limit and reasonable for safely passing the emergency

response area.

(a.1) Disabled vehicles.--When approaching or passing a

disabled vehicle, a person shall:

(1) if it is possible to do so, pass in a lane not

adjacent to that of the disabled vehicle; or

(2) if it is impossible, illegal or unsafe to comply

with paragraph (1), pass the disabled vehicle at a rate of

speed that is no more than 20 miles per hour less than the

posted speed limit and reasonable for safely passing the

disabled vehicle.

(b) Penalty.--Any person violating subsection (a) or (a.1)

commits a summary offense and shall, upon conviction, pay:

(1) For a first offense, a fine of not more than $500.

(2) For a second offense, a fine of not more than

$1,000.

(3) For a third or subsequent offense, a fine of not

more than $2,000.

(b.1) Suspension of operating privilege.--

(1) Except as otherwise provided in paragraph (2), in

accordance with section 1540 (relating to surrender of

license), the department shall suspend the operating

privilege of any person for 90 days upon receiving a

certified record of the driver's conviction, adjudication

of delinquency or admission into an Accelerated

Rehabilitative Disposition program or a preadjudication

program for a violation of subsection (a) or (a.1), if the

certified conviction:

(i) indicates the violation resulted in serious

bodily injury to or death of another person; or

(ii) is the driver's third or subsequent conviction

for a violation of subsection (a) or (a.1).

(2) Upon receiving a certified record of the driver's

conviction, adjudication of delinquency or admission into

an Accelerated Rehabilitative Disposition program or a

preadjudication program for a violation of subsection (a)

or (a.1), in accordance with section 1540, the department

shall suspend the operating privilege of the driver in

accordance with the following:

(i) For a period of six months if the certified

conviction, adjudication of delinquency or admission

into an Accelerated Rehabilitative Disposition program

or a preadjudication program indicates the violation

resulted in the serious bodily injury of an emergency

service responder or a person in or near a disabled

vehicle.

(ii) For a period of one year if the certified

conviction, adjudication of delinquency or admission

into an Accelerated Rehabilitative Disposition program

or a preadjudication program indicates the violation

resulted in the death of an emergency service responder

or a person in or near a disabled vehicle.

(b.2) Penalties for bodily injury or death in emergency

response areas.--In addition to any other penalty prescribed

by law, a driver who violates subsection (a) and causes bodily

injury to, serious bodily injury to or the death of an emergency

service responder or another person commits an offense and

shall, upon conviction, as follows:

(1) For causing bodily injury as defined in 18 Pa.C.S.

§ 2301 (relating to definitions), pay a fine of not more

than $1,000.

(2) For causing serious bodily injury, pay a fine of

not more than $5,000.

(3) For causing death, pay a fine of not more than

$10,000.

(b.3) Penalties for bodily injury or death in relation to

disabled vehicles.--In addition to any other penalty prescribed

by law, a driver who violates subsection (a.1) and causes bodily

injury to, serious bodily injury to or the death of another

person commits an offense:

(1) For causing bodily injury as defined in 18 Pa.C.S.

§ 2301, pay a fine of not more than $1,000.

(2) For causing serious bodily injury as defined in 18

Pa.C.S. § 2301, pay a fine of not more than $5,000.

(3) For causing death, pay a fine of not more than

$10,000.

(1) An emergency response area shall be clearly marked

with road flares, caution signs or any other traffic-control

device which law enforcement officials may have at their

immediate disposal or visual signals on vehicles meeting the

requirements of Subchapter D of Chapter 45 (relating to

equipment of authorized and emergency vehicles).

(2) A disabled vehicle shall use at least two of the

following markings:

(i) Vehicular hazard signal lamps as provided in

section 4305 (relating to vehicular hazard signal lamps).

(ii) Caution signs or other traffic-control device.

(iii) Road flares.

(d) Reports by emergency service responders.--

(1) An emergency service responder observing a violation

of subsection (a) or (a.1) may prepare a written, signed

report which indicates that a violation has occurred. To the

extent possible, the report shall include the following

information:

(i) Information pertaining to the identity of the

alleged violator.

(ii) The license number and color of the vehicle

involved in the violation.

(iii) The time and approximate location at which

the violation occurred.

(iv) Identification of the vehicle as an automobile,

station wagon, motor truck, motor bus, motorcycle or

other type of vehicle.

(2) Within 48 hours after the violation occurs, the

emergency service responder shall deliver a copy of the

report to a police officer having authority to exercise

police power in the area where the violation occurred. If

the police officer believes that the report established a

sufficient basis for the issuance of a citation, the officer

shall file a citation and a copy of the report with the

issuing authority. If the issuing authority determines that

the report and citation establish a sufficient basis for the

issuance of a summons, a summons shall be issued in

accordance with general rules governing the institution of

proceedings in summary traffic offense cases. The issuing

authority shall send the defendant a copy of the citation,

together with a statement that it was filed by the police

officer named in the citation on the basis of information

received.

(3) A person may institute a proceeding pursuant to

this subsection or in accordance with any means authorized

by the Pennsylvania Rules of Criminal Procedure.

(e) Fines to be doubled.--In addition to any penalty as

provided in subsections (b), (b.2) and (b.3), the fine for any

of the following violations when committed in an emergency

response area manned by emergency service responders shall be

double the usual amount:

Section 3102 (relating to obedience to authorized persons

directing traffic).

Section 3111 (relating to obedience to traffic-control

devices).

Section 3114 (relating to flashing signals).

Section 3302 (relating to meeting vehicle proceeding in

opposite direction).

Section 3303 (relating to overtaking vehicle on the

left).

Section 3304 (relating to overtaking vehicle on the

right).

Section 3305 (relating to limitations on overtaking on

the left).

Section 3306 (relating to limitations on driving on left

side of roadway).

Section 3307 (relating to no-passing zones).

Section 3310 (relating to following too closely).

Section 3312 (relating to limited access highway

entrances and exits).

Section 3323 (relating to stop signs and yield signs).

Section 3325 (relating to duty of driver on approach of

emergency vehicle).

Section 3361 (relating to driving vehicle at safe speed).

Section 3707 (relating to driving or stopping close to

fire apparatus).

Section 3710 (relating to stopping at intersection or

crossing to prevent obstruction).

Section 3714 (relating to careless driving).

Section 3736 (relating to reckless driving).

Section 3802 (relating to driving under influence of

alcohol or controlled substance).

(e.1) Public awareness.--The department shall educate the

public of the provisions of this section periodically throughout

the year and maintain information on the department's publicly

accessible Internet website. The department shall refer to the

education effort as the "Move Over" campaign.

(f) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Disabled vehicle." A vehicle that is in a traffic lane or

on the side of a traffic lane and is clearly marked with at

least two of the markings specified in subsection (c)(2).

"Emergency response area." Any of the following:

(1) The area in which emergency service responders

render emergency assistance to individuals on or near a

roadway or a police officer is conducting a traffic stop or

systematic check of vehicles or controlling or directing

traffic as long as the emergency vehicle is making use of

visual signals meeting the requirements of Subchapter D of

Chapter 45.

(2) The area in which contractors or employees of a

public utility, a municipally owned utility or an electric

cooperative provide disaster emergency-related services,

including, but not limited to, the repair, renovation,

installation, construction and activities related to damaged,

impaired or destroyed infrastructure, within the first 72

hours after a declared emergency or until the expiration of

a declared emergency, whichever is later, as long as the

vehicles used to provide disaster emergency-related services

are making use of visual signals as authorized under section

4572(b) (relating to visual signals on authorized vehicles).

(June 26, 2001, P.L.734, No.75, eff. 60 days; Sept. 30, 2003,

P.L.120, No.24, eff. Feb. 1, 2004; July 10, 2006, P.L.1086,

No.113, eff. 60 days; Oct. 19, 2010, P.L.557, No.81, eff. 60

days; Nov. 4, 2015, P.L.227, No.61, eff. 60 days; Nov. 24, 2015,

P.L.431, No.70, eff. 6 months; July 7, 2017, P.L.301, No.20,

eff. 60 days; Oct. 29, 2020, P.L.1057, No.105, eff. 180 days)

2020 Amendment. Section 2 of Act 105 provided that Act 105

may be referred to as the Move Over Law.

2017 Amendment. Act 20 amended subsecs. (b) and (b.1)(1).

2015 Amendments. Act 61 amended subsec. (f) and Act 70

amended subsecs. (b.1) and (e) and added subsec. (b.2).

2010 Amendment. The preamble of Act 81 provided that Act

81 may be referred to as the Sgt. Michael C. Weigand Law.

Cross References. Section 3327 is referred to in sections

1535, 3732, 3732.1 of this title.

§ 3328. Unmarked police vehicles.

(a) General rule.--The Pennsylvania State Police, in

consultation with the department, shall promulgate regulations

for the use of unmarked vehicles by police officers. The

regulations shall:

(1) establish the procedure to be used by a police

officer in an unmarked vehicle when stopping a motorist;

(2) require the use of audible and visual signals which

meet the requirements and standards set forth in this title

and in regulations adopted by the department; and

(3) establish requirements for the wearing of an

official police uniform and the display of official police

identification.

(b) Public awareness.--The Pennsylvania State Police and

the department shall provide for the dissemination of

information to the public regarding the use of unmarked

vehicles. Such information shall accompany annual vehicle

registration or vehicle registration renewal forms distributed

by the department no earlier than July 1, 2002.

(June 26, 2001, P.L.734, No.75, eff. 60 days)

2001 Amendment. Act 75 added section 3328.

§ 3329. Duty of driver in litter enforcement corridors.

(a) Areas indicated by traffic-control devices.--The driver

of a vehicle shall yield the right-of-way to any authorized

vehicle or pedestrian actually engaged in work upon a highway

within a litter enforcement corridor indicated by official

traffic-control devices placed in accordance with department

regulations, including advanced warning signs or a vehicle

having flashing or revolving yellow lights.

(b) Fines to be doubled.--For any of the following

violations, when committed in a litter enforcement corridor

designated under section 6105.2 (relating to designation of

litter enforcement corridors), the fine shall be double the

usual amount:

Section 3709 (relating to depositing waste and other

material on highway, property or waters).

Section 4903 (relating to securing loads in vehicles).

18 Pa.C.S. § 6501 (relating to scattering rubbish).

littering or scattering rubbish under 18 Pa.C.S. § 6501 that

originated from a commercial business, the fine shall be triple

the usual amount.

(d) Notice.--Official traffic control devices shall be

appropriately placed to notify motorists that increased

penalties apply for littering violations within a litter

enforcement corridor.

(June 28, 2018, P.L.429, No.62, eff. 6 months)

2018 Amendment. Act 62 added section 3329.

Cross References. Section 3329 is referred to in section

6109 of this title.

SUBCHAPTER C

TURNING, STARTING AND SIGNALS

Sec.

3331. Required position and method of turning.

3332. Limitations on turning around.

3333. Moving stopped or parked vehicle.

3334. Turning movements and required signals.

3335. Signals by hand and arm or signal lamps.

3336. Method of giving hand and arm signals.

§ 3331. Required position and method of turning.

(a) Right turn.--The driver of a vehicle intending to turn

right shall approach the turn and make the turn as close as

practicable to the right-hand curb or edge of the roadway.

(b) Left turn.--The driver of a vehicle intending to turn

left shall approach the turn in the extreme left-hand lane

lawfully available to traffic moving in the direction of travel

of the vehicle. Whenever practicable, the left turn shall be

made to the left of the center of the intersection and so as

to leave the intersection or location in the extreme left-hand

lane lawfully available to traffic moving in the same direction

as the vehicle on the roadway being entered.

and local authorities on highways under their respective

jurisdictions may cause official traffic-control devices to be

placed and thereby require and direct that a different course

from that specified in this section be traveled by turning

vehicles and when the devices are so placed no driver shall

turn a vehicle other than as directed and required by the

devices.

(d) Two-way left turn lanes.--Where a special lane for

making left turns by drivers proceeding in opposite directions

has been indicated by official traffic-control devices:

(1) A left turn shall not be made from any other lane.

(2) A vehicle shall not be driven in the lane except

when preparing for or making a left turn from or into the

roadway or when preparing for or making a U-turn when

otherwise permitted by law.

(e) Interference with pedalcycles.--No turn by a driver of

a motor vehicle shall interfere with a pedalcycle proceeding

straight while operating in accordance with Chapter 35 (relating

to special vehicles and pedestrians).

(Feb. 2, 2012, P.L.27, No.3, eff. 60 days)

2012 Amendment. Act 3 added subsec. (e).

Cross References. Section 3331 is referred to in sections

3301, 3505, 6109 of this title.

§ 3332. Limitations on turning around.

(a) General rule.--The driver of any vehicle shall not turn

the vehicle so as to proceed in the opposite direction unless

the movement can be made in safety and without interfering with

other traffic.

(b) Turns on curves or grades.--No vehicle shall be turned

so as to proceed in the opposite direction upon any curve, or

upon the approach to or near the crest of a grade, where the

vehicle cannot be seen by the driver of any other vehicle

approaching from either direction within 500 feet.

Cross References. Section 3332 is referred to in section

1535 of this title.

§ 3333. Moving stopped or parked vehicle.

No person shall move a vehicle which is stopped, standing

or parked unless and until the movement can be made with safety.

§ 3334. Turning movements and required signals.

(a) General rule.--Upon a roadway no person shall turn a

vehicle or move from one traffic lane to another or enter the

traffic stream from a parked position unless and until the

movement can be made with reasonable safety nor without giving

an appropriate signal in the manner provided in this section.

(b) Signals on turning and starting.--At speeds of less

than 35 miles per hour, an appropriate signal of intention to

turn right or left shall be given continuously during not less

than the last 100 feet traveled by the vehicle before turning.

The signal shall be given during not less than the last 300

feet at speeds in excess of 35 miles per hour. The signal shall

also be given prior to entry of the vehicle into the traffic

stream from a parked position.

required on vehicles by section 3335(b) (relating to signals

by hand and arm or signal lamps) shall not be flashed on one

side only on a disabled vehicle, flashed as a courtesy or "do

pass" signal to operators of other vehicles approaching from

the rear, nor be flashed on one side only of a parked vehicle

except as may be necessary for compliance with this section.

(d) Discontinuing turn signals.--Turn signals shall be

discontinued immediately after completing the turn or movement

from one traffic lane to another traffic lane.

§ 3335. Signals by hand and arm or signal lamps.

(a) General rule.--Any stop or turn signal shall be given

either by means of the hand and arm or by signal lamps, except

as otherwise provided in subsection (b).

(b) Required signals by signal lamps.--Any motor vehicle

in use on a highway shall be equipped with, and required signal

shall be given by, signal lamps when the distance from the

center of the top of the steering post to the left outside limit

of the body, cab or load of the motor vehicle exceeds 24 inches,

or when the distance from the center of the top of the steering

post to the rear limit of the body or load exceeds 14 feet. The

latter measurement shall apply to any single vehicle and to any

combination of vehicles.

vehicle registered as an antique or classic vehicle which was

not originally equipped with signal lamps.

Cross References. Section 3335 is referred to in section

3334 of this title.

§ 3336. Method of giving hand and arm signals.

All signals given by hand and arm shall be given from the

left side of the vehicle in the following manner except as

indicated for pedalcycles and motorcycles and the signals shall

indicate as follows:

(1) For a left turn, the hand and arm shall be extended

horizontally.

(2) For a right turn, the left hand and arm shall be

extended upward, except that operators of motorcycles and

pedalcycles may also be permitted to signal a right turn by

extending the right hand and arm horizontally.

(3) To stop or decrease speed, the left hand and arm

shall be extended downward.

(Dec. 15, 1995, P.L.655, No.72, eff. 60 days)

SUBCHAPTER D

SPECIAL STOPS REQUIRED

Sec.

3341. Obedience to signal indicating approach of train.

3342. Vehicles required to stop at railroad crossings.

3343. Moving heavy equipment at railroad grade crossings.

3344. Emerging from alley, driveway or building.

3345. Meeting or overtaking school bus.

3345.1. Automated enforcement of failure to stop for school bus

with flashing red lights.

3346. Emergency vehicles entering or leaving official garage.

§ 3341. Obedience to signal indicating approach of train.

(a) General rule.--Whenever any person driving a vehicle

approaches a railroad grade crossing under any of the

circumstances stated in this section, the driver of the vehicle

shall stop within 50 feet but not less than 15 feet from the

nearest rail of the railroad and shall not proceed until it can

be done safely. The foregoing requirements shall apply upon the

occurrence of any of the following circumstances:

(1) A clearly visible electric or mechanical signal

device gives warning of the immediate approach of a railroad

train.

(2) A crossing gate is lowered or a flagman gives or

continues to give a signal of the approach or passage of a

railroad train.

(3) A railroad train approaching within approximately

1,500 feet of the highway crossing emits a signal audible

from that distance and the railroad train, by reason of its

speed or nearness to the crossing, is a hazard.

(4) An approaching railroad train is plainly visible

and is in hazardous proximity to the crossing.

(b) Compliance with crossing gate or barrier.--

(1) No person shall drive any vehicle through, around

or under any crossing gate or barrier at a railroad crossing

while the gate or barrier is closed.

(2) No person shall start to drive a vehicle through,

around or under a gate or barrier at the entrance to a

railroad crossing while the gate or barrier is being opened

or closed.

a summary offense punishable by a fine of from $50 to $200. A

violation of subsection (b) constitutes a summary offense

punishable by a fine of from $200 to $500.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 added subsec. (c).

Cross References. Section 3341 is referred to in sections

1535, 1611, 3114 of this title.

§ 3342. Vehicles required to stop at railroad crossings.

(a) General rule.--Except as provided in subsection (c),

the driver of any vehicle described in subsection (b), before

crossing at grade any track or tracks of a railroad, shall stop

the vehicle within 50 feet but not less than 15 feet from the

nearest rail of the railroad crossing and while so stopped shall

listen and look in both directions along the track for any

approaching train, and for signals indicating the approach of

a train. When it is safe to do so, the driver of the vehicle

shall drive the vehicle across the tracks only in such gear of

the vehicle that there will be no necessity for manually

changing gears while traversing the crossing. The driver shall

not manually shift gears while crossing the track or tracks.

(b) Vehicles subject to stopping requirement.--Subsection

(a) shall apply to the following vehicles:

(1) Any vehicle designated by the department in

accordance with the provisions of subsection (d).

(2) A school bus, whether or not carrying passengers.

(3) Every truck and tractor combination which carries

gasoline, diesel fuel, fuel oil, explosives or radioactive

materials.

(4) Every bus transporting passengers.

(5) Any vehicle specified in 49 CFR 392.10(a) (relating

to railroad grade crossings; stopping required) or any

current amendment or modification to that section published

by the United States Department of Transportation.

the following:

(1) Any railroad grade crossing at which traffic is

controlled by a police officer or flagman, who indicates

that the vehicle is not required to stop.

(2) Any railroad grade crossing at which traffic is

regulated by a functioning highway traffic-control signal

transmitting a green indication for the direction of travel

of the vehicle.

(3) Any railroad grade crossing at which an official

traffic-control device gives notice that the stopping

requirement imposed by this section does not apply.

(4) Any abandoned railroad grade crossing which is

marked by the former rail operator with a sign prescribed

by the department indicating that the rail line is abandoned.

(5) An industrial or spur line railroad grade crossing

marked with a sign reading "exempt." Such a sign shall be

erected only by or with the consent of the Pennsylvania

Public Utility Commission.

(d) Notice of vehicles subject to section.--The department

shall publish in the Pennsylvania Bulletin a notice describing

the vehicles which must comply with the stopping requirements

of subsection (a). In developing the list of vehicles, the

department shall give consideration to the hazardous nature of

any substance carried by the vehicle as determined by the

department and to the number of passengers carried by the

vehicle in determining whether the vehicle shall be required

to stop. This list of vehicles shall correlate with and so far

as possible conform to the regulations of the United States

Department of Transportation as amended from time to time.

(e) Use of vehicle hazard lights.--The driver of any vehicle

mentioned in subsection (b)(2) and (3) shall activate the

vehicle hazard lights when stopping at the railroad crossing.

(f) Penalty.--A violation of this section constitutes a

summary offense punishable by a fine of from $100 to $150,

except that a violation of subsection (b) or (e) shall be

punishable by a fine of from $200 to $500.

(g) Requirement upon approaching tracks.--Upon approaching

any track of a railroad, the driver of every commercial motor

vehicle as defined by section 1603 (relating to definitions)

other than those listed in subsection (b) shall:

(1) reduce the rate of speed of the commercial motor

vehicle and check that the tracks are free of approaching

trains; and

(2) stop the vehicle if the tracks are not clear.

(h) Railroad grade crossing.--No commercial motor vehicle

may proceed onto a railroad grade crossing unless:

(1) there is sufficient space to drive completely

through the crossing without stopping; and

(2) the vehicle has sufficient undercarriage clearance

to allow the vehicle to drive completely through the railroad

grade crossing without stopping.

(i) Traffic control.--No driver of a commercial motor

vehicle may fail to obey a traffic control device or direction

of an enforcement officer at a railroad grade crossing.

(July 9, 1986, P.L.544, No.96, eff. 60 days; Dec. 11, 1986,

P.L.1530, No.166, eff. 60 days; Dec. 10, 1996, P.L.925, No.149,

eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days;

July 5, 2005, P.L.100, No.37; Oct. 24, 2012, P.L.1473, No.187,

eff. 60 days)

2012 Amendment. Act 187 amended subsec. (g) and added

subsecs. (h) and (i).

Cross References. Section 3342 is referred to in sections

1535, 1611 of this title.

§ 3343. Moving heavy equipment at railroad grade crossings.

(a) General rule.--No person shall operate or move any

crawler-type tractor, power shovel, derrick, roller or any

equipment or structure having a normal operating speed of ten

or less miles per hour or a vertical body or load clearance of

less than one-half inch per foot of the distance between any

two adjacent axles or in any event of less than nine inches

measured above the level surface of a roadway, upon or across

any tracks at a railroad grade crossing without first complying

with this section.

(b) Notice of intended crossing.--Notice of any intended

crossing shall be given to an authorized representative of the

railroad and a reasonable time be given to the railroad to

provide proper protection at the crossing.

person operating or moving the vehicle or equipment shall first

stop the vehicle or equipment not less than 15 feet nor more

than 50 feet from the nearest rail of the railroad and while

so stopped shall listen and look in both directions along the

track for any approaching train and for signals indicating the

approach of a train, and shall not proceed until the crossing

can be made safely.

(d) Movement over crossing.--No crossing shall be made when

warning is given by automatic signal or crossing gates or a

flagman or otherwise of the immediate approach of a railroad

train or car. Movement over a crossing shall be under the

direction of any flagman provided by the railroad.

Cross References. Section 3343 is referred to in section

1611 of this title.

§ 3344. Emerging from alley, driveway or building.

Unless otherwise directed by official traffic-control devices

erected in accordance with provisions of Subchapter B of Chapter

31 (relating to traffic-control devices), the driver of a

vehicle emerging from an alley, building, private road or

driveway within an urban district shall stop the vehicle

immediately prior to driving onto a sidewalk or onto the

sidewalk area extending across the alley, building entrance,

private road or driveway or, in the event there is no sidewalk

area, shall stop at the point nearest the street to be entered

where the driver has a view of approaching traffic.

Cross References. Section 3344 is referred to in section

1535 of this title.

§ 3345. Meeting or overtaking school bus.

(a) Duty of approaching driver when red signals are

flashing.--Except as provided in subsection (g), the driver of

a vehicle meeting or overtaking any school bus stopped on a

highway or trafficway shall stop at least ten feet before

reaching the school bus when the red signal lights on the school

bus are flashing and the side stop signal arms are activated

under section 4552(b.1) (relating to general requirements for

school buses). The driver shall not proceed until the flashing

red signal lights are no longer actuated. In no event shall a

driver of a vehicle resume motion of the vehicle until the

school children who may have alighted from the school bus have

reached a place of safety. The driver of a vehicle approaching

an intersection at which a school bus is stopped shall stop his

vehicle at that intersection until the flashing red signal

lights are no longer actuated.

(a.1) Reports by school bus operators.--

(1) The operator of a school bus who observes a

violation of subsection (a) may prepare a signed, written

report which indicates that a violation has occurred. To the

extent possible, the report shall include the following

information:

(i) Information, if any, pertaining to the identity

of the alleged violator.

(ii) The license number and color of the vehicle

involved in the violation.

(iii) The time and approximate location at which

the violation occurred.

(iv) Identification of the vehicle as an automobile,

station wagon, motor truck, motor bus, motorcycle or

other type of vehicle.

(v) Whether the school bus is equipped with a side

stop signal arm enforcement system under section 3345.1

(relating to automated enforcement of failure to stop

for school bus with flashing red lights).

(2) Within 48 hours after the violation occurs, the

school bus operator shall deliver a copy of the report to a

police officer having authority to exercise police power in

the area where the violation occurred. If the police officer

believes that the report establishes a sufficient basis for

the issuance of a citation, the officer shall file a citation

and the report with the issuing authority. If the issuing

authority determines that the report and citation establish

a sufficient basis for the issuance of a summons, a summons

shall be issued in accordance with general rules governing

the institution of proceedings in summary traffic offense

cases. The issuing authority shall send the defendant a copy

of the citation, together with a statement that it was filed

by the police officer named in the citation on the basis of

information received.

(3) A person may institute a proceeding pursuant to

this subsection or in accordance with any means authorized

by the Rules of Criminal Procedure.

(b) Duty of approaching driver when amber signals are

flashing.--The driver of a vehicle meeting or overtaking any

school bus shall proceed past the school bus with caution and

shall be prepared to stop when the amber signal lights are

flashing.

actuated by the driver of every school bus whenever the vehicle

is stopped on a highway or trafficway for the purpose of

receiving or discharging school children, except as provided

in subsections (e) and (f). The signals shall not be terminated

until the school children who may have alighted from the school

bus have reached a place of safety or until boarding school

children have completed boarding the bus.

(d) Use of amber signals.--The amber visual signals shall

be actuated by the driver of every school bus not more than 300

feet nor less than 150 feet prior to making a stop for the

purpose of receiving or discharging school children and shall

remain in operation until the red visual signals are actuated.

Amber signals shall not be used unless the red visual signals

are to be actuated immediately following.

(e) Limitations on use of signals.--The visual signals

required in the regulations shall not be actuated on streets

in urban districts designated by the department or local

authorities, at intersections or other places where traffic is

controlled by uniformed police officers or appropriately attired

persons authorized to direct, control or regulate traffic, or

in school bus loading areas designated by the department or

local authorities when the bus is entirely off the roadway.

(f) Operation for nonschool purposes.--When a school bus

is being operated upon a highway for purposes other than the

actual transportation of school children to or from school or

in connection with school activities, all markings indicating

"SCHOOL BUS" shall be covered or concealed. During such

operation, the flashing visual signals shall not be actuated.

(f.1) Use of school buses for transportation of disabled

persons.--Whenever a school bus is being used upon a highway

or trafficway for the transportation of disabled persons

exclusively and the school bus is equipped with red signal

lights, the driver of the school bus may actuate the signal

lights in the same manner as set forth in this section regarding

the transportation of school children. The driver of a vehicle

approaching the school bus shall have the same duties regarding

stopping, passing and overtaking as he does with respect to a

school bus carrying school children.

(g) Exceptions from stopping requirements.--The driver of

a vehicle upon a highway or trafficway with separate roadways

need not stop upon meeting or passing a school bus with actuated

red signal lights which is on a different roadway.

(h) Loading zones for school children.--Every school

district transporting school children by school bus shall

establish and maintain school bus loading zones at or near all

schools to or from which school children are transported and

shall establish school bus loading zones along the highways and

trafficways traversed by school buses in accordance with

regulations promulgated by the department.

(i) Mandatory use of loading zones.--Whenever school bus

loading zones have been established at or near a school or along

a highway or trafficway, it is unlawful for a school bus

operator to stop the bus to pick up or discharge school children

at any location other than at the loading zones. A list of

approved loading zones for the route of the bus shall be carried

by the operator.

(j) Penalty.--A person who violates subsection (a) or (f.1)

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $250 and a $35 surcharge. The

surcharge shall be deposited into the School Bus Safety Grant

Program Account.

(Mar. 29, 1984, P.L.155, No.30, eff. 60 days; Dec. 19, 1988,

P.L.1290, No.163, eff. imd.; Dec. 21, 1998, P.L.1126, No.151,

eff. 60 days; Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Oct.

24, 2018, P.L.1154, No.159, eff. 6 months; Oct. 23, 2023,

P.L.134, No.19, eff. 60 days)

2023 Amendment. Act 19 amended subsec. (a.1)(1)(v).

2018 Amendment. Act 159 amended subsecs. (a.1)(1) and (j).

1998 Amendment. Act 151 amended subsecs. (a), (c), (f.1),

(g), (h) and (i).

1984 Amendment. Act 30 amended subsec. (j) and added

subsecs. (a.1) and (f.1).

Cross References. Section 3345 is referred to in sections

1535, 1553, 3101, 3345.1, 4552, 4553, 6506 of this title.

§ 3345.1. Automated enforcement of failure to stop for school

bus with flashing red lights.

(a) General rule.--A school entity may install and operate

a side stop signal arm enforcement system for the purpose of

enforcing this section.

(a.1) Violation and liability.--

(1) A motor vehicle meeting or overtaking a school bus

stopped on a highway or trafficway when the red signal lights

on the school bus are flashing and the side stop signal arms

are activated as described in section 3345 (relating to

meeting or overtaking school bus) is a violation of this

section.

(2) The owner of a motor vehicle that violates paragraph

(1) shall be liable for the penalty imposed under subsection

(c), unless the owner is convicted of a violation of section

3345 or has a defense under subsection (f). For the purposes

of this section, the lessee of a leased vehicle shall be

considered the owner of a motor vehicle.

(b) Applicability.--

(1) (Deleted by amendment).

(2) Nothing in this section shall supersede the

provisions of:

(i) Section 3105(h) (relating to drivers of

emergency vehicles).

(ii) Section 3345(c) or (d).

of the motor vehicle shall be subject to a penalty as follows:

(1) The penalty for the violation shall be a fine of

$300. The fine shall be distributed as follows:

(i) $250 to the school entity where the violation

occurred and which authorized the use of a side stop

signal arm enforcement system, which shall be utilized

for the installation, administration or maintenance of

side stop signal arm enforcement systems, including

through a system administrator under an agreement with

the school entity, on school buses;

(ii) $25 to the primary police department that

reviewed the submitted evidence as required under

subsection (h.2); and

(iii) $25 to the School Bus Safety Grant Program

Account.

(1.1) The fine under paragraph (1) shall not be subject

to 42 Pa.C.S. § 3571 (relating to Commonwealth portion of

fines, etc.) or 3573 (relating to municipal corporation

portion of fines, etc.).

(2) (Deleted by amendment).

(3) (Deleted by amendment).

(4) A violation under this section shall not:

(i) be deemed a criminal conviction;

(ii) be made part of the operating record of the

individual upon whom the penalty is imposed under section

1535 (relating to schedule of convictions and points);

(iii) be the subject of merit rating for insurance

purposes; or

(iv) authorize imposition of surcharge points in

the provision of motor vehicle insurance coverage.

(d) Certificate as evidence.--A certificate, or a facsimile

of a certificate, based upon inspection of recorded images

produced by a side stop signal arm enforcement system and sworn

to or affirmed by a primary police department shall be prima

facie evidence of the facts contained in it. The school entity,

the system administrator on the school entity's behalf or the

contracted company that provides pupil transportation must

include written documentation that the side stop signal arm

enforcement system was operating correctly at the time of the

alleged violation. A recorded image evidencing a violation of

this section shall be admissible in any judicial or

administrative proceeding to adjudicate the liability for the

violation of this section.

(e) Limitations.--

(1) (i) Notwithstanding any other provision of law,

equipment deployed as part of a side stop signal arm

enforcement system as provided under this section must

be incapable of automated or user-controlled remote

surveillance by means of recorded video images.

(ii) Recorded images collected as part of the side

stop signal arm enforcement system may only record

violations of this section and may not be used for any

other surveillance purposes.

(iii) Restrictions under this paragraph shall not

be deemed to preclude a court of competent jurisdiction

from issuing an order directing that the information be

provided to law enforcement officials if the information

is reasonably described and is requested solely in

connection with a criminal law enforcement action.

(1.1) (i) To the extent practical, an automated side

stop signal arm enforcement system shall use necessary

technologies to ensure that photographs or recorded video

images produced by the system shall not identify, nor

be configured to identify, the driver, the passengers

or the interior contents of the motor vehicle.

(ii) No violation of this section may be dismissed

solely because a photograph or recorded video image

allows for the identification of the driver, passengers

or interior contents of the motor vehicle as long as a

reasonable effort has been made to comply with this

paragraph.

(2) (i) Notwithstanding any other provision of law,

information prepared under this section and information

relating to violations of this section which are kept

by the school entity, system administrator on the school

entity's behalf, contracted company that provides pupil

transportation or primary police department, its

authorized agents or employees, including recorded

images, written records, reports or facsimiles, names,

addresses, vehicle information and the number of

violations under this section, shall be exclusively used

for the purpose of enforcing this section through side

stop signal arm enforcement systems.

(ii) The information shall not be deemed a public

record under the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law.

(iii) The information may be discoverable by court

order or otherwise and may be offered in evidence in any

action or proceeding which is directly related to a

violation of this section or any other violation in

connection with a criminal law enforcement action.

(3) Images obtained through the use of a side stop

signal arm enforcement system shall be destroyed within one

year of final disposition of the recorded event. A system

administrator under an agreement with a school entity shall

notify the school entity by written notice in accordance

with this section that the records have been destroyed.

(4) Notwithstanding any other provision of law, motor

vehicle owner information obtained as a result of the

operation of a side stop signal arm enforcement system shall

not be the property of the school entity, system

administrator on the school entity's behalf or contracted

company that provides pupil transportation and may not be

used for any purpose other than prescribed in this section.

(5) A violation of this subsection shall constitute a

misdemeanor of the third degree punishable by a $500 fine.

Each violation shall constitute a separate and distinct

offense.

(6) A school entity, system administrator or contracted

company that provides pupil transportation that violates

this subsection in which the penalty is a misdemeanor shall

be subject to 18 Pa.C.S. § 307 (relating to liability of

organizations and certain related persons).

(f) Defenses.--

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(3) It shall be a defense to a violation under this

section that the owner of the motor vehicle named in the

notice of the violation was not driving the motor vehicle

at the time of the violation. The owner may be required to

submit evidence that the owner was not the driver at the

time of the alleged violation. The owner may not be required

to disclose the identity of the driver of the motor vehicle

at the time of the violation.

(4) It shall be a defense to a violation under this

section that the motor vehicle in the notice of the violation

has been reported to any police department as stolen prior

to the time the violation occurred and had not been recovered

prior to that time.

(5) It shall be a defense to a violation under this

section that the person receiving the notice of violation

was not the owner of the motor vehicle at the time of the

offense.

(6) It shall be a defense to a violation under this

section that the side stop signal arm enforcement system

being used under this section was not in compliance with the

department's regulations with respect to testing for

accuracy, certification or calibration.

(g) Agreements.--

(1) A school entity may enter into an agreement with a

system administrator to initiate actions to enforce this

section through a side stop signal arm enforcement system.

(2) Except as otherwise provided, an agreement under

paragraph (1) shall take effect in a school entity by vote

of the local board of school directors. The meeting to

consider approval of a side stop signal arm enforcement

system shall be properly noticed under 65 Pa.C.S. Ch. 7

(relating to open meetings).

(3) Enforcement of this section shall only occur in

those jurisdictions where the school entity has a written

intergovernmental agreement with a primary police department

for that jurisdiction.

(4) Compensation under an agreement authorized by this

section shall not require a minimum or maximum number of

violations to be issued that would impact the compensation

to the system administrator.

(5) The school entity, or the system administrator on

the school entity's behalf, shall provide notice through a

publicly accessible Internet website that provides guidance

and information related to the system, including, but not

limited to, the number of school buses equipped with a

system, the appeals process limited to the defenses under

subsection (f) and contact information. The website shall

remain publicly accessible throughout the period of use in

a manner as determined by the school entity.

(6) The school entity, or the system administrator on

the school entity's behalf, shall establish an electronic

system where program information and all violations, in

conformance with this section, can be accessed and viewed

by:

(i) The primary police department for conducting

procedures under subsection (h.2).

(ii) The department's hearing officer for conducting

procedures under subsection (i.4).

(7) The school entity, or the system administrator on

the school entity's behalf, may utilize an alternative system

to share program information and all violations if the

electronic system is unavailable for any legitimate purpose.

(8) The department may randomly conduct audits of a

school entity, or a system administrator on the school

entity's behalf, to ensure compliance with this section as

determined by the department. If the department conducts an

audit, the department shall prepare a summary of the audit,

which shall be posted on the publicly accessible Internet

website maintained by the school entity or the system

administrator on the school entity's behalf.

(h) Submission of violation information.--A school entity,

or a system administrator on the school entity's behalf, shall

submit the following information regarding a violation of this

section to the primary police department using the electronic

system under subsection (g)(6):

(1) A copy of the recorded image showing the motor

vehicle.

(2) The license plate number and state of issuance of

the motor vehicle.

(3) The date, time and place of the alleged violation.

(4) Not later than July 1 annually, the school entity,

or the system administrator on the school entity's behalf,

shall submit a report to the department and the Pennsylvania

State Police for the preceding calendar year. The information

shall be compiled by the department and the Pennsylvania

State Police into a report to be jointly submitted to the

chairperson and minority chairperson of the Transportation

Committee of the Senate and the chairperson and minority

chairperson of the Transportation Committee of the House of

Representatives by no later than December 31 annually. The

report shall be posted on the publicly accessible Internet

website maintained by the school entity or the system

administrator on the school entity's behalf. The report shall

be a public record under the Right-to-Know Law and include:

(i) The name of the system administrator.

(ii) The number of school buses equipped with a

side stop signal arm enforcement system.

(iii) The number of notices of violation issued.

(iv) The amount of fines imposed and collected.

(v) The amounts paid under agreements authorized

by this section.

(vi) The results of contested violations.

(vii) Use of additional revenue funds and any grants

awarded from the program.

(h.1) Duty of school district.--(Deleted by amendment).

(h.2) Police review required.--Upon receipt of violation

information under subsection (h), a primary police department

shall:

(1) Review submitted evidence to determine if a

violation under this section occurred and electronically

certify the notice of violation.

(2) Notify the school entity, or the system

administrator on the school entity's behalf, of the

electronic certification of the notice of violation related

to the primary police department's capacity to view and

authorize the notice.

(3) Restrict the review of submitted evidence under

paragraph (1) to an individual who is a police officer.

(i) (Reserved).

(i.1) Notice of violation, fines and contest.--(Deleted by

amendment).

(i.2) Notice of violation.--

(1) Upon certification from a primary police department

that a violation of this section has occurred as required

by subsection (h.2), a school entity, or a system

administrator on the school entity's behalf, shall initiate

an action to enforce this section by sending an

administrative notice of violation to the owner of the motor

vehicle identified by a side stop signal arm enforcement

system as violating this section.

(2) The notice of violation shall include all of the

following:

(i) A copy of the recorded image showing the motor

vehicle.

(ii) The registration number and state of issuance

of the motor vehicle registration.

(iii) The date, time and place of the alleged

violation.

(iv) Certification of the alleged violation from

the primary police department and written documentation

that the side stop signal arm enforcement system was

operating correctly at the time of the alleged violation

as required under subsection (d).

(v) Notice that the owner of the motor vehicle is

charged with a violation of this section.

(vi) Instructions for return of the notice of

violation and payment of the fine under subsection (i.3).

(vii) Instructions for contesting the violation

under subsection (i.4).

(viii) A statement that a violation under this

section:

(A) is not deemed a criminal conviction;

(B) will not be made part of the operating

record of the individual upon whom the violation of

this section is being imposed;

for insurance purposes; and

(D) does not authorize the imposition of

surcharge points in the provision of motor vehicle

insurance coverage.

(3) A notice of violation shall be sent by first class

mail as follows:

(i) In the case of a violation involving a motor

vehicle subject to the laws of this Commonwealth, the

notice of violation must be mailed within 30 days after

the commission of the violation or within 30 days after

the discovery of the identity of the owner, whichever

is later, and not thereafter to the address of the owner

listed in the records of the department.

(ii) In the case of motor vehicles from

jurisdictions other than this Commonwealth, the notice

of violation must be mailed within 30 days after the

discovery of the identity of the owner and not thereafter

to the address of the owner as listed in the records of

the official in the jurisdiction having charge of the

registration of the motor vehicle.

(iii) A notice of violation under this section shall

be invalid unless provided to the owner within 90 days

of the commission of the violation.

(iv) A manual or automatic record of mailing

prepared by a school entity, or a system administrator

on the school entity's behalf, in the ordinary course

of business shall be prima facie evidence of mailing and

shall be admissible in a judicial or administrative

proceeding as to the facts contained in the notice of

violation.

(i.3) Payment of fine.--Payment of the fine shall be as

follows:

(1) An owner of the motor vehicle may admit

responsibility for the violation and pay the fine provided

in the notice of violation personally, through an authorized

agent, electronically or by mailing both the payment and

notice of violation to the school entity or to a system

administrator on the school entity's behalf.

(2) Payment of the fine shall operate as a final

disposition of the violation of this section.

(3) If payment is not received within 90 days of the

mailing date of the notice of violation, the school entity,

or a system administrator on the school entity's behalf, may

request an applicable credit collection agency to resolve

the payment amount owed.

(i.4) Contest of violation.--The procedure for contesting

a violation of this section shall be as follows:

(1) An owner of the motor vehicle may, within 30 days

of the mailing date of the notice of violation, request a

hearing before the department's hearing officer to contest

liability either personally, by an authorized agent or by

mailing a request in writing on the prescribed form or

electronically. A hearing to contest liability may be in

person or be conducted through live-stream synchronous video

conferencing or similar virtual presence technology and shall

be only at reasonable locations and times set by the school

entity or the system administrator on the school entity's

behalf.

(2) Upon receipt of a hearing request, the school

entity, or the system administrator on the school entity's

behalf, shall in a timely manner schedule the matter before

a hearing officer designated by the department. Written

notice of the date, time and place of hearing shall be sent

by first class mail or electronically to the owner of the

motor vehicle.

(3) The hearing shall be informal and the rules of

evidence shall not apply. The decision of the department's

hearing officer shall be made within 45 days from the hearing

date and shall be final, subject to the right of the owner

of the motor vehicle to appeal the decision under paragraph

(4).

(3.1) The school entity, in coordination with the system

administrator, if applicable, may enter into an agreement

to designate a person to represent the school entity, or the

system administrator on the school entity's behalf, to

administer the hearing to contest liability under this

subsection.

(4) If, within 45 days of issuance of the decision of

the department's hearing officer, the owner of the motor

vehicle requests in writing an appeal of the decision of the

department's hearing officer, the owner shall file the notice

of violation and supporting documents with the office of the

magisterial district judge for the magisterial district where

the violation occurred. A magisterial district judge shall

hear and decide the matter de novo and shall be restricted

to finding an owner liable or not liable for violating this

section and shall not assign damages to an owner or otherwise

impose penalties on primary police departments, police

officers, school entities, system administrators or other

persons involved in the appeal process, except as otherwise

provided under 42 Pa.C.S. § 1726 (relating to establishment

of taxable costs), which may only be assessed to the school

entity or system administrator on the school entity's behalf.

(5) The school entity, or system administrator on the

school entity's behalf, shall reimburse the department for

the actual cost of the hearing officer designated under

paragraph (2).

(j) Department approval.--

(1) No side stop signal arm enforcement system may be

used without the approval of the department, which shall

have the authority to promulgate regulations for the

certification and use of such systems.

(2) Any system installed prior to the effective date

of this paragraph shall obtain department approval within

six months of the effective date of the temporary regulations

promulgated under paragraph (3).

(3) In order to facilitate the prompt implementation

of this section, regulations promulgated by the department

under this section during the three years following the

effective date of this section shall be deemed temporary

regulations, which shall expire upon the prompt promulgation

of final regulations. The temporary regulations shall not

be subject to:

(i) Sections 201, 202, 203, 204 and 205 of the act

of July 31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law.

(ii) The act of June 25, 1982 (P.L.633, No.181),

known as the Regulatory Review Act.

(iii) Section 204(b) of the act of October 15, 1980

(P.L.950, No.164), known as the Commonwealth Attorneys

Act.

(k) School Bus Safety Grant Program.--

(1) The School Bus Safety Grant Program Account is

established as a restricted account in the General Fund.

Money in the account is appropriated on a continuing basis

to the department for grants under this subsection.

(2) The surcharge established under section 3345(j),

the portion of the fine established under subsection

(c)(1)(iii) and any other revenue as provided for under this

title shall be deposited into the account and shall be used

by the department to implement the School Bus Safety Grant

Program. The department shall develop a uniform application

process to award school bus safety grants in an amount not

to exceed $100,000 on a competitive basis for the following

purposes:

(i) To promote and increase school bus safety,

education and training throughout this Commonwealth.

(ii) To reimburse or pay for, in whole or in part,

education, training and other associated costs related

to the issuance of a commercial learner's permit,

commercial driver's license or school bus endorsement

by the department to an individual for the purpose of

driving a school bus in this Commonwealth.

(3) The department may pay any actual administrative

costs arising from the administration of this section out

of the fines deposited into the account.

(4) The following are eligible to apply for grants under

this subsection:

(i) Independent school bus contractors.

(ii) School entities.

(iii) Municipalities.

(5) The department shall post information related to

this grant program on the department's publicly accessible

Internet website.

(l) Contracted companies.--

(1) No contracted company that provides pupil

transportation shall be liable if a side stop signal arm

enforcement system is vandalized or otherwise malfunctions.

(2) Nothing in this section shall be construed to

require a contracted company that provides pupil

transportation to take a school bus out of service due to a

nonfunctioning side stop signal arm enforcement system,

except that a contracted company shall allow the school

entity, or a system administrator on the school entity's

behalf, access to the school bus for the purpose of repairing

and maintaining a side stop signal arm enforcement system

when the school bus is not in service at a time mutually

agreeable to the contractor and school entity or a system

administrator on the school entity's behalf.

(3) Independent school bus contractors shall not be

held responsible for costs associated with the side stop

signal arm enforcement system, including, but not limited

to, installation, maintenance, repair, replacement or removal

of the system.

(m) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Local board of school directors." A board of directors or

other governing authority of a school entity.

"Manufacturer" or "vendor." (Deleted by amendment).

"Primary police department." Any of the following:

(1) The police department of the municipality in which

a school entity is located if the municipality has a police

department with authority to issue citations for violations

of this title.

(2) The Pennsylvania State Police if the municipality

in which a school entity is located does not have a police

department with authority to issue citations for violations

of this title, at the sole discretion of the Pennsylvania

State Police.

(3) A police department of the school entity.

"Pupil transportation." The transport of resident pupils

of a school district to and from preprimary, primary or

secondary schools and students to or from public, private or

parochial schools. The term does not include transportation for

field trips.

"School entity." A school district, area career and

technical school, intermediate unit, charter school, regional

charter school or cyber charter school.

"Side stop signal arm enforcement system" or "system." A

camera system installed on a school bus with at least one camera

and one computer that produce recorded video and two or more

photographic still images of a motor vehicle being used or

operated in a manner that violates this section.

"Side stop signal arms." As described in section 4552(b.1)

(relating to general requirements for school buses).

"System administrator." A person that creates, owns or has

a license or permission to sell, lease, distribute or administer

a side stop signal arm enforcement system that, consistent with

the requirements of this section, is under agreement with a

school entity to perform, but not be limited to, the following:

(1) Provide for the installation, operation and

maintenance of a side stop signal arm enforcement system on

one or more school buses within a school entity's fleet,

regardless of whether a school bus is owned, contracted or

leased by the school entity.

(2) Administer the enforcement of a violation of this

section through a side stop signal arm enforcement system

on a school entity's behalf as permitted by this section,

including maintaining and transmitting records, mailing

violation notices, processing violations, collecting fines

and administering contests of violations, unless a school

entity designates another person to contest the violations.

(Oct. 24, 2018, P.L.1154, No.159; July 1, 2020, P.L.515, No.38,

eff. 60 days; Oct. 20, 2021, P.L.423, No.80, eff. imd.; Oct.

23, 2023, P.L.134, No.19; Dec. 14, 2023, P.L.344, No.38, eff.

imd.)

2023 Amendments. Act 19 amended the entire section,

effective immediately as to subsec. (j)(3) and 60 days as to

the remainder of the section, and Act 38 amended subsecs.

(e)(4), (f)(3), (i.2)(1), (2)(v) and (3)(i), (ii) and (iii),

(i.3)(3) and (i.4)(4).

2018 Amendment. Section 3 of Act 159 provided that the

addition of subsec. (j) shall take effect immediately and six

months as to the rest of the section.

References in Text. Section 27 of Act 16 of 2019 provided

that a reference in statute or regulation to "area

vocational-technical school" shall be deemed a reference to

"area career and technical school," and a reference in statute

or regulation to "vocational curriculums" shall be deemed a

reference to "career and technical curriculums."

Cross References. Section 3345.1 is referred to in section

3345 of this title.

§ 3346. Emergency vehicles entering or leaving official garage.

If an emergency vehicle is leaving or returning to its garage

and the emergency lights of the emergency vehicle are engaged,

the driver of an approaching vehicle shall stop and give the

emergency vehicle the right-of-way to leave or enter the garage

and may not proceed until the emergency vehicle is safely out

of the driver's path.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 added section 3346.

SUBCHAPTER E

STOPPING, STANDING AND PARKING

Sec.

3351. Stopping, standing and parking outside business and

residence districts.

3352. Removal of vehicle by or at direction of police.

3353. Prohibitions in specified places.

3354. Additional parking regulations.

3355. Removal of vehicles in a city of the first class.

Cross References. Subchapter E is referred to in sections

3509, 3745.1 of this title.

§ 3351. Stopping, standing and parking outside business and

residence districts.

(a) General rule.--Outside a business or residence district,

no person shall stop, park or stand any vehicle, whether

attended or unattended, upon the roadway when it is practicable

to stop, park or stand the vehicle off the roadway. In the event

it is necessary to stop, park or stand the vehicle on the

roadway or any part of the roadway, an unobstructed width of

the highway opposite the vehicle shall be left for the free

passage of other vehicles and the vehicle shall be visible from

a distance of 500 feet in each direction upon the highway.

(b) Exception for disabled vehicles.--This section and

sections 3353 (relating to prohibitions in specified places)

and 3354 (relating to additional parking regulations) do not

apply to the driver of any vehicle which is disabled in such a

manner and to such an extent that it is impossible to avoid

stopping and temporarily leaving the vehicle in that position.

Cross References. Section 3351 is referred to in sections

3352, 4572, 6109 of this title.

§ 3352. Removal of vehicle by or at direction of police.

(a) Outside business and residence districts.--Whenever any

police officer finds a vehicle in violation of any of the

provisions of section 3351 (relating to stopping, standing and

parking outside business and residence districts), the officer

may move the vehicle, or cause the vehicle to be moved, or

require the driver or other person in charge of the vehicle to

move the vehicle, to a position off the roadway where the

vehicle will not interfere unduly with the normal movement of

traffic or constitute a safety hazard.

(b) Unattended vehicle obstructing traffic.--Any police

officer may remove or cause to be removed to a place of safety

any unattended vehicle illegally left standing upon any highway,

bridge, causeway or in any tunnel, in such position or under

such circumstances as to interfere unduly with the normal

movement of traffic or constitute a safety hazard.

officer may remove or cause to be removed to the place of

business of the operator of a wrecker or to a nearby garage or

other place of safety any vehicle found upon a highway under

any of the following circumstances:

(1) Report has been made that the vehicle has been

stolen or taken without the consent of its owner.

(2) The person or persons in charge of the vehicle are

physically unable to provide for the custody or removal of

the vehicle.

(3) The person driving or in control of the vehicle is

arrested for an alleged offense for which the officer is

required by law to take the person arrested before an issuing

authority without unnecessary delay.

(4) The vehicle is in violation of section 3353

(relating to prohibitions in specified places) except for

overtime parking.

(5) The vehicle has been abandoned as defined in this

title. The officer shall comply with the provisions of

Chapter 73 (relating to abandoned vehicles and cargos).

(d) Notice to owner prior to removal.--

(1) Prior to removal of an abandoned vehicle bearing a

registration plate, current certificate of inspection or

vehicle identification number plate by which the last

registered owner of the vehicle can be determined, the police

department shall send a notice by certified mail to the last

registered owner of the vehicle informing the owner that

unless the vehicle is moved to a suitable location within

seven days of the date notice is mailed, the vehicle will

be removed under this section and held at a suitable facility

where it may be reclaimed by the owner in accordance with

the provisions of section 7306 (relating to payment of costs

upon reclaiming vehicle). If the abandoned motor vehicle

does not bear an identifiable registration plate, current

certificate of inspection or vehicle identification number

plate, the notice may be secured to the vehicle.

(2) If, within the seven-day period, the owner so

requests, the owner shall be given an opportunity to explain

to the police officer or department why the owner believes

the vehicle should not be removed. If the police officer or

department determines that the vehicle shall, nonetheless,

be removed, the owner shall be given an additional 48 hours

to remove the vehicle, have it removed or demand a hearing,

which shall conform to the requirements of 2 Pa.C.S. Ch. 5

Subch. B (relating to practice and procedure of local

agencies). The police officer or department shall inform the

owner of the right to a hearing by delivering to the owner

a notice warning the owner that, unless the vehicle is

removed or a hearing is demanded, the owner shall be subject

to the provisions of section 7306. If, as a result of the

hearing, it is determined that the vehicle will be removed,

the owner shall be given an additional 48 hours to remove

the vehicle or have it removed. The hearing shall be before

a civilian officer or employee of the municipality in which

the vehicle is located.

(3) The provision for notice set forth in this

subsection is applicable only if the vehicle is abandoned

upon a highway and is not in violation of subsection (b) or

section 3351(a) or 3353. Notice under this subsection is in

addition to any other notice requirements provided in Chapter

73.

(4) This subsection does not apply to nonrepairable

vehicles.

(Apr. 3, 1984, P.L.181, No.33, eff. 60 days; Dec. 9, 2002,

P.L.1278, No.152, eff. 60 days)

2002 Amendment. Act 152 amended subsecs. (c) and (d).

§ 3353. Prohibitions in specified places.

(a) General rule.--Except when necessary to avoid conflict

with other traffic or to protect the safety of any person or

vehicle or in compliance with law or the directions of a police

officer or official traffic-control device, no person shall:

(1) Stop, stand or park a vehicle:

(i) On the roadway side of any vehicle stopped or

parked at the edge or curb of a street except that:

(A) A pedalcycle may be parked as provided in

section 3509(b)(2) (relating to parking).

(B) Standing or parking for the purpose of

loading or unloading persons or property may be

authorized by local ordinance, but the ordinance

shall not authorize standing or parking on State

designated highways except during off-peak

traffic-flow hours as determined by department

regulations.

(ii) On a sidewalk except that a pedalcycle may be

parked as provided in section 3509(b)(2).

(iii) Within an intersection.

(iv) On a crosswalk.

(v) Between a safety zone and the adjacent curb

within 30 feet of points on the curb immediately opposite

the ends of a safety zone, unless a different length is

indicated by official traffic-control devices.

(vi) Alongside or opposite any street excavation

or obstruction when stopping, standing or parking would

obstruct traffic.

(vii) Upon any bridge or other elevated structure

upon a highway or within a highway tunnel.

(viii) On any railroad tracks.

(ix) In the area between roadways of a divided

highway, including crossovers.

(x) At any place where official signs prohibit

stopping.

(2) Stand or park a vehicle:

(i) In front of a public or private driveway.

(ii) Within 15 feet of a fire hydrant.

(iii) Within 20 feet of a crosswalk at an

intersection.

(iv) Within 30 feet upon the approach to any

flashing signal, stop sign, yield sign or traffic-control

signal located at the site of a roadway.

(v) Within 20 feet of the driveway entrance to any

fire station or, when properly sign posted, on the side

of a street opposite the entrance to any fire station

within 75 feet of the entrance.

(vi) Where the vehicle would prevent the free

movement of a streetcar.

(vii) On a limited access highway unless authorized

by official traffic-control devices.

(viii) At any place where official signs prohibit

standing.

(ix) Within 30 feet upon the approach to a sign

warning of the possible presence of a person with a

disability in the vicinity of a roadway adjacent to the

person's residence or the possible presence of a person

with a disability frequently traversing the roadway at

that location. This subparagraph shall not apply unless

an enabling local ordinance has been passed. The

ordinance may apply generally throughout the municipality

or be site specific. The ordinance may specify the height

of vehicles prohibited from parking in these locations.

The enforcement of this subparagraph requires that a

sign indicating the violation and amount of fine be

posted at each applicable location. For purposes of this

section, the term "disability" shall mean a hearing

impairment or total or partial blindness.

(3) Park a vehicle:

(i) Within 50 feet of the nearest rail of a railroad

crossing.

(ii) At any place where official signs prohibit

parking.

(b) Unattended vehicle on private property.--

(1) No person shall park or leave unattended a vehicle

on private property without the consent of the owner or other

person in control or possession of the property except in

the case of emergency or disablement of the vehicle, in which

case the operator shall arrange for the removal of the

vehicle as soon as possible.

(2) The provisions of this subsection shall not apply

to private parking lots unless such lots are posted to notify

the public of any parking restrictions and the operator of

the vehicle violates such posted restrictions. For the

purposes of this section "private parking lot" means a

parking lot open to the public or used for parking without

charge; or a parking lot used for parking with charge. The

department shall define by regulation what constitutes

adequate posting for public notice.

person in charge or possession of any property on which a

vehicle is parked or left unattended in violation of the

provisions of subsection (b) may remove or have removed the

vehicle at the reasonable expense of the owner of the vehicle.

Such person who removes or has removed a vehicle left parked

or unattended in violation of the provisions of subsection (b)

shall have a lien against the owner of the vehicle, in the

amount of the reasonable value of the costs of removing the

vehicle plus the costs of storage. Any city, borough,

incorporated town or township may, by ordinance, provide for

rates to be charged for removal of vehicles and for municipal

regulation of authorized towing services. If storage charges

are not set by the municipality, a maximum of $25 per day may

be charged for storage.

(d) Restrictions by appropriate authorities.--The department

on State-designated highways and local authorities on any

highway within their boundaries may by erection of official

traffic-control devices prohibit, limit or restrict stopping,

standing or parking of vehicles on any highway where engineering

and traffic studies indicate that stopping, standing or parking

would constitute a safety hazard or where the stopping, standing

or parking of vehicles would unduly interfere with the free

movement of traffic.

(e) Penalty.--Any person violating any provision of this

section is guilty of a summary offense and shall, upon

conviction, be sentenced to pay a fine of not more than $50.

(Nov. 9, 1977, P.L.226, No.69, eff. imd.; Nov. 10, 1979,

P.L.460, No.95, eff. imd.; Oct. 10, 1980, P.L.791, No.147, eff.

imd.; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; July 2,

2004, P.L.497, No.58, eff. imd.)

2004 Amendment. Act 58 amended subsecs. (a)(2) and (e).

2002 Amendment. Act 152 amended subsec. (c).

1980 Amendment. Act 147 amended subsec. (b).

1979 Amendment. Act 95 amended subsecs. (a)(1)(i) and (c).

Cross References. Section 3353 is referred to in sections

3351, 3352, 4572, 6109 of this title.

§ 3354. Additional parking regulations.

(a) Two-way highways.--Except as otherwise provided in this

section, every vehicle standing or parked upon a two-way highway

shall be positioned parallel to and with the right-hand wheels

within 12 inches of the right-hand curb or, in the absence of

a curb, as close as practicable to the right edge of the

right-hand shoulder.

(b) One-way highways.--Except as otherwise provided in this

section, every vehicle standing or parked upon a one-way highway

shall be positioned parallel to the curb or edge of the highway

in the direction of authorized traffic movement with its

right-hand wheels within 12 inches of the right-hand curb or,

in the absence of a curb, as close as practicable to the right

edge of the right-hand shoulder, or with its left-hand wheels

within 12 inches of the left-hand curb or, in the absence of a

curb, as close as practicable to the left edge of the left-hand

shoulder.

parking on any highway after an engineering and traffic study

has determined that the highway is of sufficient width to permit

angle parking without interfering with the free movement of

traffic, except that on a State-designated highway prior

approval of the department shall also be obtained.

(d) Person with a disability and disabled veterans.--

(1) When a motor vehicle bearing a person with a

disability or severely disabled veteran plate or displaying

a person with a disability or severely disabled veteran

parking placard as prescribed in this title is being operated

by or for the transportation of the person with a disability

or severely disabled veteran, the driver shall be relieved

of any liability for parking for a period of 60 minutes in

excess of the legal parking period permitted by local

authorities except where local ordinances or police

regulations provide for the accommodation of heavy traffic

during morning, afternoon or evening hours.

(2) At the request of a person with a disability or

severely disabled veteran, local authorities may erect on

the highway as close as possible to the person's or veteran's

place of residence a sign or signs indicating that that place

is reserved for a person with a disability or severely

disabled veteran, that no parking is allowed there by others,

and that any unauthorized person parking there shall be

subject to a fine and may be towed. The absence of a sign

stating the penalty amount indicated in subsection (f) at

parking spaces designated with an international symbol for

access for persons with disabilities on a sign shall not

preclude the enforcement of this subsection. A vehicle may

only be towed under this paragraph if the parking space is

posted with a sign indicating that vehicles in violation of

this section may be towed.

(2.1) Local authorities may limit access to a parking

space reserved under paragraph (2) to a specific vehicle,

license plate or other method of designation. Under this

paragraph, local authorities may charge a reasonable fee and

shall comply with section 6109 (relating to specific powers

of department and local authorities) and the Americans with

Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327).

(3) (i) Except for persons parking vehicles lawfully

bearing a person with a disability or severely disabled

veteran registration plate or displaying a person with

a disability or severely disabled veteran parking placard

when such vehicles are being operated by or for the

transportation of a person with a disability or a

severely disabled veteran, no person shall park a vehicle

on public or private property reserved for a person with

a disability or severely disabled veteran which property

has been so posted in accordance with departmental

regulations. Regulations shall require that parking

spaces designated with an international symbol for access

for persons with disabilities on a sign are posted with

a sign stating the penalty amount indicated in subsection

(f) and that vehicles in violation of the subsection may

be towed and require that signs be replaced when they

become either obsolete or missing with all costs to

replace the necessary signs to be borne by the persons

responsible for signing the particular location. The

absence of a sign stating the penalty amount at parking

spaces designated with an international symbol for access

for persons with disabilities shall not preclude the

enforcement of this subsection. A vehicle which is

unlawfully parked in a designated person with a

disability parking area may be removed from that area

by towing and may be reclaimed by the vehicle owner upon

payment of the towing costs. A vehicle may only be towed

under this paragraph if the parking space is posted with

a sign indicating that vehicles in violation of this

section may be towed.

(ii) Local authorities shall have the power and

may, by ordinance or resolution, authorize a person with

a disability and severely disabled veterans to issue

statements to violators or violating vehicles for

violation of subparagraph (i). The form of the statement

shall be as prescribed by the local authorities.

(iii) No occupancy or driveway permit may be issued

to a person whose property is reserved for a person with

a disability or a severely disabled veteran if the

property is not posted with a sign stating the penalty

amount indicated in subsection (f).

(d.1) Obstructing movement.--A person may not obstruct a

space on public or private property reserved for a person with

a disability or a part of a curb ramp or the access aisle

adjacent to a parking space reserved for a person with a

disability in a manner that would prevent a person or wheelchair

or personal mobility device from entering or leaving a vehicle

legally parked in an adjoining space.

(e) Unauthorized use.--An operator of a vehicle bearing a

person with a disability or severely disabled veteran plate or

displaying a person with a disability or severely disabled

veteran parking placard shall not make use of the parking

privileges accorded to a person with a disability and severely

disabled veterans under subsection (d)(3) unless the operator

is a person with a disability or a severely disabled veteran

or unless the vehicle is being operated for the transportation

of a person with a disability or severely disabled veteran.

(e.1) Motorcycle parking.--Notwithstanding the provisions

of section 6301 (relating to prosecutions under local ordinances

superseded by title) regarding parking violations, a local

ordinance may not prohibit nor cite as a violation the parallel

or angle occupancy by one or more motorcycles in any parking

space on any highway otherwise available for parking for other

individual vehicles, provided that the space occupied by one

or more motorcycles does not exceed the space within which a

single vehicle must park. In the instance of a violation

applicable to any single vehicle, each motorcycle so parked

shall be individually liable for any violation as if the

motorcycle were the sole occupant of the parking space.

(f) Penalty.--A person violating subsection (a), (b) or

(d)(1) is guilty of a summary offense and shall, upon

conviction, be sentenced to pay a fine of not more than $15. A

person violating subsection (d)(2) or (3) or (e) is guilty of

a summary offense and shall, upon conviction, be sentenced to

pay a fine of not less than $50 nor more than $200. If a person

is convicted under subsection (d)(2) or (3) in the absence of

a sign stating the penalty amount, the fine imposed may not

exceed $50. A person violating subsection (d.1) is guilty of a

summary offense and shall, upon conviction, be sentenced to pay

a fine of not less than $100 nor more than $300.

(g) Special penalty; disposition.--

(1) In addition to any other penalty imposed under this

section, a person who is convicted of violating subsection

(d)(2) or (3) shall be sentenced to pay a fine of $50.

(2) All fines collected under this subsection shall be

disposed of as follows:

(i) Ninety-five percent shall be paid to the

Department of Revenue, transmitted to the Treasury

Department and credited to the Department of Public

Welfare for use for the Attendant Care Program.

(ii) Five percent shall be paid to the municipality

in which the offense occurred.

(h) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Access aisle." A physical area marked in accordance with

departmental regulations:

(1) designated by white or blue pavement marking hash

marks, cross-hatching or other similar visual no-parking

indicators;

(2) which provides additional space for a person using

a wheelchair, wheelchair lift or other mobility device; and

(3) which is located adjacent to a parking space

reserved for a person with a disability.

"Person with a disability." A person issued a plate or

placard.

"Plate or placard." A plate or placard issued under:

(1) Section 1338 (relating to person with disability

plate and placard).

(2) Section 1342(a) or (b) (relating to veteran plates

and placard).

(Nov. 9, 1977, P.L.226, No.69, eff. imd.; July 11, 1980,

P.L.550, No.113, eff. 60 days; Mar. 29, 1984, P.L.159, No.31,

eff. imd.; May 9, 1986, P.L.158, No.51, eff. 60 days; July 10,

1990, P.L.370, No.84, eff. 60 days; Dec. 18, 1992, P.L.1411,

No.174, eff. 60 days; Dec. 28, 1994, P.L.1441, No.170, eff. 60

days; Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Oct. 24,

2018, P.L.889, No.144, eff. 180 days)

2018 Amendment. Act 144 amended subsec. (f) and added

subsecs. (d)(2.1), (d.1) and (h).

2002 Amendment. Act 123 amended subsecs. (d), (e), (f) and

(g) and added subsec. (e.1).

References in Text. The Department of Public Welfare,

referred to in this section, was redesignated as the Department

of Human Services by Act 132 of 2014.

Cross References. Section 3354 is referred to in sections

3351, 6109 of this title.

§ 3355. Removal of vehicles in a city of the first class.

(a) Evidence of violation.--In cities of the first class,

if a vehicle is found in violation of the provisions of this

subchapter, prior to the removal of the vehicle, a towing and

storage agent shall take digital photographs that clearly show

all of the following:

(1) The vehicle's license plate.

(2) The violation for which the vehicle is being towed

or removed.

(3) The posted sign, if any, identifying that

unauthorized stopping, standing or parking is prohibited

where the vehicle was found and that unauthorized vehicles

will be towed or removed.

(b) Towing and storage agent responsibilities.--Prior to

accepting payment for the towing and storage of a vehicle, upon

request of the owner or lienholder of the vehicle, the towing

and storage agent shall provide, without charge, a printed copy

of the photographs to the owner or lienholder of a vehicle when

the owner or lienholder claims the vehicle. Photographs shall

be retained by the towing company for at least 60 days or until

the vehicle is claimed, whichever is later.

first class shall promulgate rules and regulations to implement

this section. If deemed necessary, the parking authority may

establish penalties for towing and storage agents who violate

the provisions of this section.

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Towing and storage agent." In a city of the first class,

the parking authority or the parking authority's authorized

agent. This term includes a person authorized to engage in the

business of operating a wrecker or motor vehicle designed or

constructed and used for the towing of abandoned or disabled

vehicles.

(July 8, 2024, P.L.521, No.43, eff. 60 days)

2024 Amendment. Act 43 added section 3355.

SUBCHAPTER F

SPEED RESTRICTIONS

Sec.

3361. Driving vehicle at safe speed.

3362. Maximum speed limits.

3363. Alteration of maximum limits.

3364. Minimum speed regulation.

3365. Special speed limitations.

3366. Charging speed violations.

3367. Racing on highways.

3368. Speed timing devices.

3369. Automated speed enforcement systems in active work zones.

3370. Automated speed enforcement system on designated

highways.

3370.1. Automated speed enforcement study.

3371. Pilot program for automated speed enforcement systems

in designated school zones.

Cross References. Subchapter F is referred to in section

6109 of this title.

§ 3361. Driving vehicle at safe speed.

No person shall drive a vehicle at a speed greater than is

reasonable and prudent under the conditions and having regard

to the actual and potential hazards then existing, nor at a

speed greater than will permit the driver to bring his vehicle

to a stop within the assured clear distance ahead. Consistent

with the foregoing, every person shall drive at a safe and

appropriate speed when approaching and crossing an intersection

or railroad grade crossing, when approaching and going around

a curve, when approaching a hill crest, when traveling upon any

narrow or winding roadway and when special hazards exist with

respect to pedestrians or other traffic or by reason of weather

or highway conditions.

Cross References. Section 3361 is referred to in sections

1535, 3326, 3327, 3362, 3366, 3716 of this title.

§ 3362. Maximum speed limits.

(a) General rule.--Except when a special hazard exists that

requires lower speed for compliance with section 3361 (relating

to driving vehicle at safe speed), the limits specified in this

section or established under this subchapter shall be maximum

lawful speeds and no person shall drive a vehicle at a speed

in excess of the following maximum limits:

(1) 35 miles per hour in any urban district.

(1.1) 65 miles per hour or 70 miles per hour for all

vehicles on freeways where the department has posted a

65-miles-per-hour or 70-miles-per-hour speed limit.

(1.2) 25 miles per hour in a residence district if the

highway:

(i) is not a numbered traffic route; and

(ii) is functionally classified by the department

as a local highway.

(2) 55 miles per hour in other locations.

(3) Any other maximum speed limit established under

this subchapter.

(b) Posting of speed limit.--

(1) No maximum speed limit established under subsection

(a)(1), (1.2) or (3) shall be effective unless posted on

fixed or variable official traffic-control devices erected

in accordance with regulations adopted by the department

which regulations shall require posting at the beginning and

end of each speed zone and at intervals not greater than

one-half mile.

(2) No maximum speed limit established under subsection

(a)(1.1) shall be effective unless posted on fixed or

variable official traffic-control devices erected after each

interchange on the portion of highway on which the speed

limit is in effect and wherever else the department shall

determine.

(1) Any person violating this section is guilty of a

summary offense and shall, upon conviction, be sentenced to

pay a fine of:

(i) $42.50 for violating a maximum speed limit of

65 miles per hour or higher; or

(ii) $35 for violating any other maximum speed

limit.

(2) Any person exceeding the maximum speed limit by

more than five miles per hour shall pay an additional fine

of $2 per mile for each mile in excess of five miles per

hour over the maximum speed limit.

(June 13, 1995, P.L.57, No.9, eff. 30 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; June 26, 2001, P.L.734, No.75,

eff. 60 days; Nov. 25, 2013, P.L.974, No.89, eff. imd.; Mar.

19, 2014, P.L.361, No.23, eff. imd.)

2014 Amendment. Act 23 amended subsec. (a)(1.1).

2013 Amendment. Act 89 amended subsecs. (a) and (c). See

the preamble to Act 89 in the appendix to this title for special

provisions relating to legislative findings and declarations.

1998 Amendment. Act 151 amended subsec. (b)(1) and added

subsec. (a)(1.2).

1995 Amendment. See section 4 of Act 9 in the appendix to

this title for special provisions relating to report on effect

of increased speed limit.

Cross References. Section 3362 is referred to in sections

1535, 1538, 3326, 3363, 3370, 3370.1, 3716, 6108, 6109, 6506

of this title.

§ 3363. Alteration of maximum limits.

On highways under their respective jurisdictions, local

authorities subject to section 6109(e) (relating to specific

powers of department and local authorities) or the department,

upon the basis of an engineering and traffic investigation, may

determine that the maximum speed permitted under this subchapter

is greater or less than is reasonable and safe under the

conditions found to exist upon any such highway or part thereof

and establish a reasonable and safe maximum limit. The maximum

speed limit may be made effective at all times or at times

indicated and may vary for different weather conditions and

other factors bearing on safe speeds. No maximum speed greater

than 55 miles per hour shall be established under this section

except on highways listed in section 3362(a)(1.1) (relating to

maximum speed limits), where the maximum speed for all vehicles

shall not be greater than 70 miles per hour.

(June 13, 1995, P.L.57, No.9, eff. 30 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; Nov. 25, 2013, P.L.974, No.89,

eff. imd.)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

1995 Amendment. See section 4 of Act 9 in the appendix to

this title for special provisions relating to report on effect

of increased speed limit.

§ 3364. Minimum speed regulation.

(a) Impeding movement of traffic prohibited.--Except when

reduced speed is necessary for safe operation or in compliance

with law, no person shall drive a motor vehicle at such a slow

speed as to impede the normal and reasonable movement of

traffic.

(b) Slow moving vehicle to drive off roadway.--

(1) Except when reduced speed is necessary for safe

operation or in compliance with law, whenever any person

drives a vehicle upon a roadway having width for not more

than one lane of traffic in each direction at less than the

maximum posted speed and at such a slow speed as to impede

the normal and reasonable movement of traffic, the driver

shall, at the first opportunity when and where it is

reasonable and safe to do so and after giving appropriate

signal, drive completely off the roadway and onto the berm

or shoulder of the highway. The driver may return to the

roadway after giving appropriate signal only when the

movement can be made in safety and so as not to impede the

normal and reasonable movement of traffic.

(2) A pedalcycle may be operated at a safe and

reasonable speed appropriate for the pedalcycle. A pedalcycle

operator shall use reasonable efforts so as not to impede

the normal and reasonable movement of traffic.

time when the department or local authorities under their

respective jurisdictions determine on the basis of an

engineering and traffic investigation that slow speeds on any

highway or part of a highway impede the normal and reasonable

movement of traffic, the department or such local authority may

determine and declare a minimum speed limit below which no

person shall drive a vehicle except when necessary for safe

operation or in compliance with law. The minimum limit shall

be effective when posted upon appropriate fixed or variable

signs.

(Feb. 2, 2012, P.L.27, No.3, eff. 60 days)

2012 Amendment. Act 3 amended subsec. (b).

Cross References. Section 3364 is referred to in sections

4305, 6109 of this title.

§ 3365. Special speed limitations.

(a) Bridges and elevated structures.--

(1) No person shall drive a vehicle over any bridge or

other elevated structure constituting a part of a highway

at a speed which is greater than the maximum speed which can

be maintained with safety to the bridge or structure when

the structure is posted with signs as provided in this

subsection.

(2) The department and local authorities on highways

under their respective jurisdictions may conduct a traffic

and engineering investigation of any bridge or other elevated

structure constituting a part of a highway, and if it shall

thereupon find that the structure cannot safely withstand

vehicles traveling at the speed otherwise permissible under

this title, the department or local authority shall determine

and declare the maximum speed of vehicles which the structure

can safely withstand, and shall cause or permit official

traffic-control devices stating the maximum speed to be

erected and maintained before each end of the structure.

(3) Upon the trial of any person charged with a

violation of this subsection, proof of the determination of

the maximum speed by the department and the existence of the

signs shall constitute conclusive evidence of the maximum

speed which can be maintained with safety to the bridge or

structure.

(b) School zones.--When passing through a school zone as

defined and established under regulations of the department,

no person shall drive a vehicle at a speed greater than 15 miles

per hour. An official traffic-control device shall indicate the

beginning and end of each school zone to traffic approaching

in each direction. Establishment of a school zone, including

its location and hours of operation, shall be approved by the

department.

on highways under their respective jurisdictions may conduct

traffic and engineering investigations on grades which are

considered hazardous. If the grade is determined to be

hazardous, vehicles having a gross weight in excess of a

determined safe weight may be further limited as to maximum

speed and may be required to stop before proceeding downhill.

The restrictions shall be indicated by official traffic-control

devices erected and maintained according to regulations

established by the department.

(c.1) Active work zones.--When passing through an active

work zone, no person shall drive a vehicle at a speed greater

than the posted limit. An official traffic-control device shall

indicate the beginning and end of each active work zone to

traffic approaching in each direction.

(d) Penalty.--

(1) Any person violating any provision of this section

commits a summary offense and shall, upon conviction, be

sentenced to pay:

(i) Except as set forth under subparagraph (ii), a

fine of $35.

(ii) For a violation of subsection (b), a fine of

not more than $500 if the person exceeds the maximum

speed limit by more than 11 miles per hour.

(2) Any person exceeding a maximum speed limit

established under this section by more than five miles per

hour shall pay an additional fine of $2 per mile for each

mile in excess of five miles per hour in excess of the

maximum speed limit.

(Oct. 10, 1980, P.L.791, No.147, eff. imd.; Dec. 23, 2002,

P.L.1982, No.229; Dec. 8, 2004, P.L.1791, No.237, eff. 150 days)

2004 Amendment. Act 237 amended subsec. (d).

2002 Amendment. Act 229 amended subsec. (b) and added

subsec. (c.1), effective in 60 days as to subsec. (b) and six

months as to the remainder of the section.

Cross References. Section 3365 is referred to in sections

1535, 1603, 3370.1 of this title.

§ 3366. Charging speed violations.

In every charge of violation of a speed provision in this

subchapter, except for a violation of section 3361 (relating

to driving vehicle at safe speed), the citation or complaint

shall specify the speed at which the defendant is alleged to

have driven and the applicable speed limit.

§ 3367. Racing on highways.

(a) Definitions.--As used in this section the following

words and phrases shall have the meanings given to them in this

subsection:

"Drag race." The operation of two or more vehicles from a

point side by side at accelerating speeds in a competitive

attempt to outdistance each other, or the operation of one or

more vehicles over a common selected course, from the same point

to the same point, for the purpose of comparing the relative

speeds or power of acceleration of the vehicle or vehicles

within a certain distance or time limit.

"Race." The use of one or more vehicles in an attempt to

outgain, outdistance or prevent another vehicle from passing,

to arrive at a given destination ahead of another vehicle or

vehicles, or to test the physical stamina or endurance of

drivers over long distance driving routes.

(b) General rule.--No person shall drive a vehicle on a

highway in any race, speed competition or contest, drag race

or acceleration contest, test of physical endurance, exhibition

of speed or acceleration, or for the purpose of making a speed

record, and no person shall in any manner participate in any

such race, competition, contest, test or exhibition.

authorities within their jurisdiction may issue permits for

special activities which would otherwise be prohibited by this

section.

(d) Penalty.--Any person violating this section is guilty

of a summary offense and shall, upon conviction, be sentenced

to pay a fine of $200.

Cross References. Section 3367 is referred to in sections

1532, 1542, 1553, 6503 of this title.

§ 3368. Speed timing devices.

(a) Speedometers authorized.--The rate of speed of any

vehicle may be timed on any highway by a police officer using

a motor vehicle equipped with a speedometer. In ascertaining

the speed of a vehicle by the use of a speedometer, the speed

shall be timed for a distance of not less than three-tenths of

a mile.

(b) Testing of speedometers.--The department may appoint

stations for testing speedometers and may prescribe regulations

as to the manner in which the test shall be made. Speedometers

shall have been tested for accuracy within a period of one year

prior to the alleged violation and immediately upon change of

tire size. A certificate from the station showing that the test

was made, the date of the test and the degree of accuracy of

the speedometer shall be competent and prima facie evidence of

those facts in every proceeding in which a violation of this

title is charged.

authorized.--

(1) Except as otherwise provided in this section, the

rate of speed of any vehicle may be timed on any highway by

a police officer using a mechanical or electrical speed

timing device.

(2) Except as otherwise provided in paragraph (3),

electronic devices such as radio-microwave devices, commonly

referred to as electronic speed meters or radar, may be used

only as part of an automated speed enforcement system or by

members of the Pennsylvania State Police.

(3) Electronic devices which calculate speed by

measuring elapsed time between measured road surface points

by using two sensors and devices which measure and calculate

the average speed of a vehicle between any two points may

be used by any police officer.

(4) No person may be convicted upon evidence obtained

through the use of devices authorized by paragraphs (2) and

(3) unless the speed recorded is six or more miles per hour

in excess of the legal speed limit. Furthermore, no person

may be convicted upon evidence obtained through the use of

devices authorized by paragraph (3) in an area where the

legal speed limit is less than 55 miles per hour if the speed

recorded is less than ten miles per hour in excess of the

legal speed limit. This paragraph shall not apply to evidence

obtained through the use of devices authorized by paragraph

(2) or (3) within a school zone or an active work zone.

(5) Light detection and ranging devices, commonly

referred to as LIDAR, may be used only as part of an

automated speed enforcement system or by members of the

Pennsylvania State Police.

(d) Classification, approval and testing of mechanical,

electrical and electronic devices.--The department may, by

regulation, classify specific devices as being mechanical,

electrical or electronic. All mechanical, electrical or

electronic devices shall be of a type approved by the

department, which shall appoint stations for calibrating and

testing the devices and may prescribe regulations as to the

manner in which calibrations and tests shall be made. The

certification and calibration of electronic devices under

subsection (c)(3) shall also include the certification and

calibration of all equipment, timing strips and other devices

which are actually used with the particular electronic device

being certified and calibrated. Electronic devices commonly

referred to as electronic speed meters or radar shall have been

tested for accuracy within a period of one year prior to the

alleged violation. Other devices shall have been tested for

accuracy within a period of 60 days prior to the alleged

violation. A certificate from the station showing that the

calibration and test were made within the required period and

that the device was accurate shall be competent and prima facie

evidence of those facts in every proceeding in which a violation

of this title is charged.

(e) Distance requirements for use of mechanical, electrical

and electronic devices.--Mechanical, electrical or electronic

devices may not be used to time the rate of speed of vehicles

within 500 feet after a speed limit sign indicating a decrease

of speed. This limitation on the use of speed timing devices

shall not apply to speed limit signs indicating school zones,

bridge and elevated structure speed limits, hazardous grade

speed limits and work zone speed limits.

(f) LIDAR testing and calibration.--

(1) The department may, upon publication in the

Pennsylvania Bulletin, provide that LIDAR speed measuring

devices and LIDAR systems shall be calibrated and tested

using the testing procedures in department regulation.

(2) LIDAR speed measuring devices and LIDAR systems

shall be calibrated and tested every 365 days at a minimum

before being utilized by the Pennsylvania State Police or

as part of an automated speed enforcement system.

(3) The certification that the LIDAR device and system,

as applicable, have been tested and found to be accurate

shall create a presumption that the requirements of this

subsection have been fulfilled.

(4) As used in this subsection, the following words and

phrases shall have the meanings given to them in this

paragraph unless the context clearly indicates otherwise:

"LIDAR." The technology of measuring target range using

reflected light to determine target range and speed from the

time-of-flight of laser pulses.

"LIDAR speed-measuring device." Speed-measuring

equipment that determines target range and speed based on

the time-of-flight of laser light pulses reflected off a

target.

"LIDAR system." A LIDAR speed-measuring device that

incorporates additional equipment that is used to gather,

process and record images, as applicable, to be used as part

of speed enforcement efforts.

(July 11, 1985, P.L.204, No.52, eff. 60 days; Mar. 27, 1986,

P.L.71, No.24, eff. imd.; Dec. 23, 2002, P.L.1982, No.229, eff.

6 months; Nov. 26, 2008, P.L.1658, No.133, eff. 60 days; Oct.

19, 2018, P.L.563, No.86, eff. imd.)

2018 Amendment. Act 86 amended subsec. (c)(2) and added

subsecs. (c)(5) and (f).

2008 Amendment. Act 133 amended subsecs. (b) and (d).

2002 Amendment. Act 229 amended subsec. (c)(4).

1986 Amendment. Act 24 amended subsecs. (c) and (d).

1985 Amendment. Act 52 amended subsec. (c) and added subsec.

(e).

Cross References. Section 3368 is referred to in sections

3369, 3370, 3370.1 of this title.

§ 3369. Automated speed enforcement systems in active work

zones.

(a) Establishment.--A program is established to provide for

automated speed enforcement systems in active work zones.

(b) Applicability.--This section shall apply to Federal aid

highways only under the jurisdiction of the department and the

Pennsylvania Turnpike Commission. An automated speed enforcement

system may not be used unless:

(1) At least two appropriate warning signs are

conspicuously placed before the active work zone notifying

the public that an automated speed enforcement system is in

use.

(2) The first warning sign under paragraph (1) shall:

(i) Be the largest size available in conformance

with Federal regulations, unless the department or the

Pennsylvania Turnpike Commission determines that a

smaller size is necessary to ensure the safety of the

work zone.

(ii) Clearly and accurately indicate if the

automated speed enforcement system is active and in use.

(iii) Be placed at least 1,000 feet before the

active work zone, unless the department or the

Pennsylvania Turnpike Commission determines that a lesser

distance is necessary to ensure the safety of the work

zone, comply with Federal regulations or provide adequate

traffic control in the work zone and is capable of

providing the most advanced notification as practical.

(iv) Be followed immediately by the posted speed

limit of the active work zone and prior to the placement

of the automated speed enforcement system.

(3) An appropriate sign is conspicuously placed in the

middle, if appropriate, and at the end of the active work

zone.

(3.1) The posted speed limit of the active work zone

is placed at an appropriate location within the active work

zone to provide adequate notice to drivers.

(4) A notice identifying the location of the specific

highway segment where the automated speed enforcement system

is in use and posted at the active work zone and on the

department's or Pennsylvania Turnpike Commission's publicly

accessible Internet website. The notice on the websites shall

remain throughout the period of use.

in an automated speed enforcement work area by at least 11 miles

per hour is a violation of this section.

(c.1) Owner liability.--For each violation under this

section, the owner of the motor vehicle shall be liable for the

penalty imposed unless the owner is convicted of the same

violation under another provision of this title or has a defense

under subsection (g). For the purposes of this section, the

lessee of a leased vehicle shall be considered the owner of a

motor vehicle.

(d) Notice of violation.--

(1) (i) An action to enforce this section shall be

initiated by an administrative notice of violation to

the owner of a motor vehicle identified by an automated

speed enforcement system as violating this section. A

notice of violation based upon inspection of recorded

images produced by an automated speed enforcement system

and sworn or affirmed by an authorized member of the

Pennsylvania State Police shall be prima facie evidence

of the facts contained in the notice. The Pennsylvania

State Police shall receive certification from the

department, the Pennsylvania Turnpike Commission or the

system administrator when an automated speed enforcement

system is active in accordance with subsection (b).

(ii) The notice of violation must include written

verification that the automated speed enforcement system

was operating correctly at the time of the alleged

violation and the date of the most recent inspection

that confirms the automated speed enforcement system to

be operating properly.

(iii) An automated speed enforcement system operator

shall complete training offered by the manufacturer or

vendor of the automated speed enforcement system,

including training on any devices critical to the

operation of the system, or the manufacturer's or

vendor's representative in the procedures for setting

up, testing and operating an automated speed enforcement

system. Upon completion of the training, the manufacturer

or vendor or manufacturer's or vendor's representative

shall issue a signed certificate to the automated speed

enforcement system operator, which shall be admitted as

evidence in any court proceeding for a violation

involving an automated speed enforcement system. An

automated speed enforcement system operator shall fill

out and sign a daily log for an automated speed

enforcement system, which:

(A) states the date, time and location of the

system setup;

(B) states that the automated speed enforcement

system operator successfully performed and the

automated speed enforcement system passed the

self-tests specified by the manufacturer or vendor

of the automated speed enforcement system;

(D) shall be admitted in any proceeding for a

violation involving an automated speed enforcement

system.

(iv) An automated speed enforcement system shall

undergo an annual calibration check performed by a

calibration laboratory. The calibration laboratory shall

issue a signed certificate of calibration after the

annual calibration check, which shall be kept on file

and shall be admitted as evidence in any proceeding for

a violation involving an automated speed enforcement

system.

(v) The following shall be attached to the notice

of violation:

(A) A copy of the recorded image showing the

motor vehicle with its license plate visible.

(B) The registration number and state of

issuance of the motor vehicle registration.

enforcement system was operating correctly at the

time of the alleged violation and the date of the

most recent inspection that confirms the automated

speed enforcement system to be operating properly.

(D) The date, time and place of the alleged

violation.

(E) Notice that the violation charged is under

this section.

(F) Instructions for return of the notice of

violation.

(2) In the case of a violation involving a motor vehicle

subject to the laws of this Commonwealth, the notice of

violation shall be mailed within 30 days after the commission

of the violation or within 30 days after the discovery of

the identity of the owner, whichever is later, to the address

of the owner as listed in the records of the department.

(3) In the case of a violation involving a motor vehicle

from a jurisdiction other than this Commonwealth, the notice

of violation shall be mailed within 30 days after the

discovery of the identity of the owner to the address of the

owner as listed in the records of the official in the

jurisdiction having charge of the registration of the

vehicle.

(4) A notice of violation shall be invalid unless

provided to the owner within 90 days of the offense.

(5) The notice shall include the following text:

This notice shall be returned personally, by mail or by

an agent duly authorized in writing, within 30 days of

the mailing date of the notice. A hearing may be obtained

upon the written request of the owner.

(6) Notice of violation must be sent by first class

mail. A manual or automatic record of mailing prepared by

the system administrator in the ordinary course of business

shall be prima facie evidence of mailing and shall be

admissible in a judicial or administrative proceeding as to

the facts contained in the notice.

(e) Penalty.--

(1) If a person violates this section as a first

offense, the person shall receive a written warning.

(2) The penalty for a violation under this section shall

be a fine of $75 for the second offense and $150 for the

third and subsequent offenses, and the fine shall not be

subject to 42 Pa.C.S. § 3571 (relating to Commonwealth

portion of fines, etc.) or 3573 (relating to municipal

corporation portion of fines, etc.).

(2.1) A person does not commit a second or subsequent

offense unless the second offense occurs at least 15 days

after the mailing date of the written warning.

(3) The fine or warning is not authorized during times

when the automated speed enforcement work area is not active

and not in use.

(4) A penalty imposed under this section shall not:

(i) be deemed a criminal conviction;

(ii) be made part of the operating record of the

individual upon whom the penalty is imposed under section

1535 (relating to schedule of convictions and points);

(iii) be the subject of merit rating for insurance

purposes; or

(iv) authorize imposition of surcharge points in

the provision of motor vehicle insurance coverage.

(5) If a person who has a prior violation of this

section before the effective date of this paragraph commits

another violation of this section after the effective date

of this paragraph, the violation after the effective date

of this paragraph shall be deemed a first offense and any

violation occurring after that violation shall constitute

an additional offense.

(f) Limitations.--

(1) Recorded images collected as part of the automated

speed enforcement system may record only violations of this

section and may not be used for any other surveillance

purposes. The restrictions provided in this paragraph shall

not preclude a court of competent jurisdiction from issuing

an order directing that the information be provided to law

enforcement officials, if the information is requested solely

in connection with a criminal law enforcement action and is

reasonably described.

(2) Notwithstanding any other provision of law,

information gathered and maintained under this section that

is kept by the Commonwealth, its authorized agents or its

employees, including recorded images, written records, motor

vehicle information, reports or facsimiles, names and

addresses, shall be for the exclusive purpose of discharging

its duties under this section. The information shall not be

deemed a public record under the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law. The

information shall not be discoverable by court order or

otherwise or be admissible as evidence in a proceeding except

to determine liability under this section. The restrictions

provided in this paragraph shall not preclude a court of

competent jurisdiction from issuing an order directing that

the information be provided to law enforcement officials,

if the information is requested solely in connection with a

criminal law enforcement action and is reasonably described.

(3) Recorded images obtained through the use of

automated speed enforcement systems deployed as a means of

promoting traffic safety in automated speed enforcement work

areas shall be destroyed within one year of final disposition

of a notice of violation, except that images subject to a

court order under paragraph (1) or (2) shall be destroyed

within two years after the date of the order, unless further

extended by court order. The department, the Pennsylvania

Turnpike Commission or the system administrator shall retain

evidence that the records have been destroyed in accordance

with this section.

(4) Notwithstanding any other provision of law, motor

vehicle owner information obtained as a result of the

operation of an automated speed enforcement system under

this section shall be the exclusive property of the

Commonwealth and not the property of the manufacturer or

vendor of the automated speed enforcement system and may not

be used for a purpose other than prescribed in this section.

(5) An intentional violation of this subsection shall

constitute a misdemeanor of the third degree punishable by

a $500 fine. Each violation shall constitute a separate and

distinct offense.

(g) Defenses.--

(1) It shall be a defense to a violation under this

section that the motor vehicle was reported to a police

department as stolen prior to the time the violation occurred

and was not recovered prior to that time.

(2) It shall be a defense to a violation under this

section that the person receiving the notice of violation

was not the owner of the motor vehicle at the time of the

offense.

(3) It shall be a defense to a violation under this

section that the automated speed enforcement system being

used to determine speed was not in compliance with section

3368 (relating to speed timing devices) with respect to

testing for accuracy, certification or calibration.

(4) It shall be a defense to a violation under this

section that the person named in the notice of the violation

was not driving the motor vehicle at the time of the

violation. The department or system administrator may require

the owner to submit evidence that the owner was not the

driver at the time of the alleged violation. The owner of

the motor vehicle may not be required to disclose the

identity of the driver of the motor vehicle at the time of

the violation.

(h) Authority and duties of department and Pennsylvania

Turnpike Commission.--

(1) The department and Pennsylvania Turnpike Commission

shall establish an automated speed enforcement system

program.

(2) (i) The department and Pennsylvania Turnpike

Commission may promulgate regulations for the

certification and the use of automated speed enforcement

systems.

(ii) In order to facilitate the prompt

implementation of this section, regulations promulgated

by the department and Pennsylvania Turnpike Commission

under this section shall be deemed temporary regulations

and not subject to:

(A) Sections 201, 202, 203, 204 and 205 of the

act of July 31, 1968 (P.L.769, No.240), referred to

as the Commonwealth Documents Law.

(B) Section 204(b) of the act of October 15,

1980 (P.L.950, No.164), known as the Commonwealth

Attorneys Act.

known as the Regulatory Review Act.

(3) (i) The department and Pennsylvania Turnpike

Commission shall serve directly or through a contracted

private service with a manufacturer or vendor as the

system administrator of the program. Compensation under

a contract authorized by this paragraph shall be based

only upon the value of equipment and services provided

or rendered in support of the automated speed enforcement

system program and may not be based on the quantity of

notices of violation issued or amount of fines imposed

or generated.

(ii) The system administrator shall prepare and

issue notices of violation.

(iii) Two restricted accounts are established in

the State Treasury for fines remitted under this section

to the department and Pennsylvania Turnpike Commission,

respectively. The system administrator of the department

or Pennsylvania Turnpike Commission, if any, shall send

an invoice to the department or Pennsylvania Turnpike

Commission based, respectively, on the services under

subparagraph (i) and the Pennsylvania State Police under

subsection (d)(1)(i). The department, Pennsylvania

Turnpike Commission and the Pennsylvania State Police

shall use the appropriate restricted account to pay for

the administration of the program and the system

administrator's invoice costs, if applicable. Remaining

fines shall be allocated by the department or

Pennsylvania Turnpike Commission to develop a Work Zone

and Highway Safety Program. At a minimum, funds from the

Work Zone and Highway Safety Program shall be used for

improvement projects, enforcements and countermeasures

to improve the safety in work zones and on highways.

Funds may also be used to increase awareness of

distracted driving and transportation enhancements

established under section 3116 (relating to automated

red light enforcement systems in first class cities).

(A) (Deleted by amendment).

(B) (Deleted by amendment).

(iv) (Deleted by amendment).

(v) (Deleted by amendment).

(vi) (Deleted by amendment).

(vii) (Deleted by amendment).

(viii) The system administrator shall provide an

appropriate form by which owners of the motor vehicles

may challenge a notice of violation. A hearing to contest

liability may be in person or be conducted through

live-stream synchronous video conferencing or similar

virtual presence technology and shall be only at

reasonable times set by the system administrator.

Challenges to be heard in person shall be conducted in,

at least, Erie, Harrisburg, Philadelphia, Pittsburgh and

Scranton. The form may be included with or as part of

the notice of violation.

(4) Not later than April 1 annually, the department,

the Pennsylvania Turnpike Commission and the Pennsylvania

State Police shall submit a report on the program for the

preceding calendar year to the chairperson and minority

chairperson of the Transportation Committee of the Senate

and the chairperson and minority chairperson of the

Transportation Committee of the House of Representatives.

The report shall be a public record under the Right-to-Know

Law and include:

(i) The number of vehicular accidents and related

serious bodily injuries and deaths in all work zones and

in automated speed enforcement work areas where the

program operated.

(ii) Speed data.

(iii) The number of notices of violation issued and

contested.

(iv) The amount of fines imposed and collected.

(v) Amounts paid under contracts authorized by this

section.

(vi) (Deleted by amendment).

(vii) Use of funds under paragraph (3)(iii).

(i) Payment of fine.--

(1) An owner of a motor vehicle may admit responsibility

for the violation and pay the fine provided in the notice

personally, through an authorized agent, electronically or

by mailing both payment and the notice of violation to the

system administrator.

(2) Payment by mail must be made only by money order,

credit card or check made payable to the Commonwealth, the

Pennsylvania Turnpike Commission or the system administrator,

as applicable.

(3) Payment of the fine shall operate as a final

disposition of the case.

(4) If payment is not received within 90 days of the

mailing of the notice of violation, the department or

Pennsylvania Turnpike Commission may request an applicable

credit collection agency to resolve the payment amount owed.

(j) Contest.--

(1) An owner of a motor vehicle may, within 30 days of

the mailing date of the notice, request a hearing to contest

liability by appearing before the system administrator either

personally or by an authorized agent or by sending a request

on the prescribed form. A hearing to contest liability may

be in person or be conducted through live-stream synchronous

video conferencing or similar virtual presence technology

as described under subsection (h)(3)(viii).

(2) Upon receipt of a hearing request, the system

administrator shall in a timely manner schedule the matter

before a hearing officer designated by the department or

Pennsylvania Turnpike Commission. Written notice of the date,

time and place of hearing must be presented or sent by first

class mail to the owner of the motor vehicle.

(3) The hearing shall be informal and the rules of

evidence shall not apply. The decision of the hearing officer

shall be made within 45 days from the hearing date and shall

be final, subject to the right of the owner of the motor

vehicle to appeal the decision under paragraph (4).

(4) If, within 45 days of issuance of the decision of

the hearing officer, the owner of the motor vehicle requests

in writing an appeal of the decision of the hearing officer,

the owner of the motor vehicle shall file the notice of

violation and supporting documents with the office of the

magisterial district judge for the magisterial district where

the violation occurred, and a magisterial district judge

shall hear and decide the matter de novo and shall be

restricted to finding an owner liable or not liable for

violating this section.

(k) Expiration.--(Deleted by amendment).

(Oct. 19, 2018, P.L.563, No.86; Dec. 14, 2023, P.L.344, No.38)

2023 Amendment. Act 38 amended subsecs. (b), (c.1), (d)(1),

(2), (3), (4) and (5), (e), (f), (g), (h)(1), (3) and (4), (i)

and (j) and deleted subsec. (k), effective immediately as to

the amendment of subsec. (k) and 60 days as to the remainder

of the section.

2018 Amendment. Act 86 added section 3369. Section 6 of

Act 86 provided that subsec. (c) shall take effect 60 days after

publication in the Pennsylvania Bulletin and 120 days as to the

remainder of the section. See section 4 of Act 86 in the

appendix to this title for special provisions relating to

notice.

§ 3370. Automated speed enforcement system on designated

highways.

(a) General rule.--A program is established to provide for

an automated speed enforcement system on U.S. Route 1 (Roosevelt

Boulevard) between Ninth Street and the Philadelphia County

line shared with Bucks County in a city of the first class. The

following shall apply:

(1) A city of the first class, upon passage of an

ordinance, is authorized to enforce section 3362 (relating

to maximum speed limits) on Roosevelt Boulevard by recording

violations using an automated speed enforcement system

approved by the department.

(2) (Deleted by amendment).

(3) A city of the first class may expand the automated

speed enforcement system beyond Roosevelt Boulevard to no

more than five corridors if the following conditions are

met:

(i) The city of the first class, in consultation

with the department, proposes a new State or local

highway corridor within the borders of the city of the

first class according to speed data and speed-related

accidents involving vehicles or pedestrians. Each

proposed corridor must include a beginning segment and

an end segment on the same State or local route within

the borders of the city of the first class.

(ii) The city of the first class conducts an

engineering and traffic investigation under section

6109(e) (relating to specific powers of department and

local authorities) on the posted speed limit within a

proposed State or local highway corridor for an automated

speed enforcement system.

(iii) The city of the first class provides at least

one opportunity for public comment regarding the proposed

State or local highway corridor.

(4) When the conditions under paragraph (3) have been

met, a city of the first class, upon passage of an ordinance

for each new corridor, is authorized to enforce section 3362

by recording violations using an automated speed enforcement

system approved by the department.

(b) Owner liability.--For each violation under this section,

the owner of the motor vehicle shall be liable for the penalty

imposed unless the owner is convicted of the same violation

under another section of this title or has a defense under

subsection (g). For the purposes of this section, the lessee

of a leased vehicle shall be considered the owner of the motor

vehicle.

of a certificate, based upon inspection of recorded images

produced by an automated speed enforcement system and sworn to

or affirmed by a police officer employed by the city of the

first class shall be prima facie evidence of the facts contained

in it. The city must include written documentation that the

automated speed enforcement system was operating correctly at

the time of the alleged violation. A recorded image evidencing

a violation of section 3362 shall be admissible in any judicial

or administrative proceeding to adjudicate the liability for

the violation.

(d) Penalty.--The following shall apply:

(1) The penalty for a violation under subsection (a)

shall be a fine of $150 unless a lesser amount is set by

ordinance. The ordinance may create fines for first offense,

second offense and third and subsequent offenses, but no

single fine shall exceed $150.

(2) A penalty is authorized only for a violation of

this section if each of the following apply:

(i) At least two appropriate warning signs are

conspicuously placed at the beginning and end and at

two-mile intervals of the designated highway notifying

the public that an automated speed enforcement system

is in use.

(ii) A notice identifying the location of the

automated speed enforcement system is posted on the city

of the first class's or system administrator's publicly

accessible Internet website throughout the period of

use.

(3) A fine is not authorized during the first 30 days

of operation of an automated speed enforcement system.

(4) The system administrator may provide a written

warning to the owner of a motor vehicle determined to have

violated this section during the first 30 days of operation

of the automated speed enforcement system.

(5) A penalty imposed under this section shall not be

deemed a criminal conviction and shall not be made part of

the operating record under section 1535 (relating to schedule

of convictions and points) of the individual upon whom the

penalty is imposed, nor may the imposition of the penalty

be subject to merit rating for insurance purposes.

(6) No surcharge points may be imposed in the provision

of motor vehicle insurance coverage. Penalties collected

under this section shall not be subject to 42 Pa.C.S. § 3571

(relating to Commonwealth portion of fines, etc.) or 3573

(relating to municipal corporation portion of fines, etc.).

(7) If a person who has a prior violation of this

section before the effective date of this paragraph commits

another violation of this section after the effective date

of this paragraph, the violation after the effective date

of this paragraph shall be deemed a first offense and any

violation occurring after that violation shall constitute

an additional offense.

(e) Liability.--Driving in excess of the posted speed limit

along the designated highway by 11 miles per hour or more is a

violation of this section.

(f) Limitations.--The following shall apply:

(1) No automated speed enforcement system shall be

utilized in such a manner as to take a frontal view recorded

image of the motor vehicle as evidence of having committed

a violation.

(2) Notwithstanding any other provision of law, camera

equipment deployed as part of an automated speed enforcement

system as provided in this section must be incapable of

automated or user-controlled remote surveillance by means

of recorded video images. Recorded images collected as part

of the automated speed enforcement system must only record

traffic violations and may not be used for any other

surveillance purposes, but may include video of the area

enforced when triggered by a violation. The restrictions set

forth in this paragraph shall not be deemed to preclude a

court of competent jurisdiction from issuing an order

directing that the information be provided to law enforcement

officials if the information is reasonably described and is

requested solely in connection with a criminal law

enforcement action.

(3) Notwithstanding any other provision of law,

information prepared under this section and information

relating to violations under this section which is kept by

the city of the first class or system administrator, its

authorized agents or its employees, including recorded

images, written records, reports or facsimiles, names,

addresses, motor vehicle information and the number of

violations under this section, shall be for the exclusive

use of the city, its authorized agents, its employees and

law enforcement officials for the purpose of discharging

their duties under this section and under any ordinances and

resolutions of the city. The information shall not be deemed

a public record under the act of February 14, 2008 (P.L.6,

No.3), known as the Right-to-Know Law. The information shall

not be discoverable by court order or otherwise, nor shall

it be offered in evidence in any action or proceeding which

is not directly related to a violation of this section or

any ordinance or resolution of the city. The restrictions

set forth in this paragraph shall not be deemed to preclude

a court of competent jurisdiction from issuing an order

directing that the information be provided to law enforcement

officials if the information is reasonably described and is

requested solely in connection with a criminal law

enforcement action.

(4) Recorded images obtained through the use of

automated speed enforcement systems deployed as a means of

promoting traffic safety in a city of the first class shall

be destroyed within one year of final disposition of any

recorded event except that images subject to a court order

under paragraph (2) or (3) shall be destroyed within two

years after the date of the order, unless further extended

by court order. The city shall file notice with the

department that the records have been destroyed in accordance

with this section.

(5) Notwithstanding any other provision of law, motor

vehicle owner information obtained as a result of the

operation of an automated speed enforcement system under

this section shall not be the property of the manufacturer

or vendor of the automated speed enforcement system and may

not be used for any purpose other than as prescribed in this

section.

(6) An intentional violation of this subsection shall

constitute a misdemeanor of the third degree punishable by

a $500 fine. Each violation shall constitute a separate and

distinct offense.

(g) Defenses.--The following shall apply:

(1) It shall be a defense to a violation under this

section that the person named in the notice of the violation

was not driving the motor vehicle at the time of the

violation. The owner of the motor vehicle may be required

to submit evidence that the owner was not the driver at the

time of the alleged violation. The city of the first class

may not require the owner of the motor vehicle to disclose

the identity of the driver of the motor vehicle at the time

of the violation.

(2) If an owner of a motor vehicle receives a notice

of violation pursuant to this section of a time period during

which the motor vehicle was reported to a police department

as having been stolen, it shall be a defense to a violation

under this section that the motor vehicle has been reported

to a police department as stolen prior to the time the

violation occurred and had not been recovered prior to that

time.

(3) It shall be a defense to a violation under this

section that the person receiving the notice of violation

was not the owner of the motor vehicle at the time of the

offense.

(4) It shall be a defense to a violation under this

section that the automated speed enforcement system being

used to determine speed was not in compliance with section

3368 (relating to speed timing devices) with respect to

testing for accuracy, certification or calibration.

(h) Department approval.--

(1) No automated speed enforcement system may be used

without the approval of the department, which shall have the

authority to promulgate regulations for the certification

and use of the systems which regulations may include the use

of radio-microwave devices, commonly referred to as

electronic speed meters or radar, or light detection and

ranging devices, commonly referred to as LIDAR, in their

operations.

(2) Notwithstanding any other provision of law, the

devices identified in paragraph (1) shall be tested for

accuracy at regular intervals as designated by regulation

of the department.

(i) Duty of city.--The following provisions shall apply:

(1) A city of the first class may not use an automated

speed enforcement system unless there is posted an

appropriate sign in a conspicuous place before the area in

which the automated speed enforcement system is to be used

notifying the public that an automated speed enforcement

system is in use immediately ahead.

(2) A city of the first class shall designate or appoint

the Philadelphia Parking Authority as the system

administrator to supervise and coordinate the administration

of notices of violation issued under this section.

Compensation under a contract authorized by this paragraph

shall be based only upon the value of equipment and services

provided or rendered in support of the automated speed

enforcement system program and may not be based on the

quantity of notices of violation issued or amount of fines

imposed or generated.

(3) The system administrator shall prepare a notice of

violation to the owner of a motor vehicle identified in a

recorded image produced by an automated speed enforcement

system as evidence of a violation of section 3362. The notice

of violation must be issued by a police officer employed by

the police department with primary jurisdiction over the

area where the violation occurred. The notice of violation

shall have the following attached to it:

(i) a copy of the recorded image showing the motor

vehicle;

(ii) the registration number and state of issuance

of the motor vehicle registration;

(iii) the date, time and place of the alleged

violation;

(iv) notice that the violation charged is under

section 3362; and

(v) instructions for return of the notice of

violation, which shall read:

This notice shall be returned personally, by mail

or by an agent duly authorized in writing, within

30 days of issuance. A hearing may be obtained upon

the written request of the owner of the motor

vehicle.

(j) System administrator.--The following shall apply:

(1) The system administrator may hire and designate

personnel as necessary or contract for services through a

manufacturer or vendor to implement this section.

(2) The system administrator shall process notices of

violation and penalties issued under this section.

(3) Not later than September 1 annually, the system

administrator shall submit an annual report to the

chairperson and the minority chairperson of the

Transportation Committee of the Senate and the chairperson

and minority chairperson of the Transportation Committee of

the House of Representatives. The report shall be considered

a public record under the Right-to-Know Law and include for

the prior year:

(i) The number of violations and fines issued and

data regarding the speeds of motor vehicles in the

enforcement area.

(ii) A compilation of penalties paid and outstanding

and violations contested.

(iii) The amount of money paid to a vendor or

manufacturer under this section.

(iv) The number of vehicular and pedestrian

accidents and related serious bodily injuries and deaths

along the designated highway.

(k) Notice to owner.--In the case of a violation involving

a motor vehicle subject to the laws of this Commonwealth, the

notice of violation must be mailed within 30 days after the

commission of the violation or within 30 days after the

discovery of the identity of the owner of the motor vehicle,

whichever is later, and not thereafter to the address of the

owner as listed in the records of the department. In the case

of motor vehicles from jurisdictions other than this

Commonwealth, the notice of violation must be mailed within 30

days after the discovery of the identity of the owner to the

address of the owner as listed in the records of the official

in the jurisdiction having charge of the registration of the

motor vehicle. A notice of violation under this section must

be provided to the owner of the motor vehicle within 90 days

of the commission of the offense.

(l) Mailing of notice and records.--Notice of violation

must be sent by first class mail. A manual or automatic record

of mailing prepared by the system administrator in the ordinary

course of business shall be prima facie evidence of mailing and

shall be admissible in any judicial or administrative proceeding

as to the facts contained in it.

(m) Payment of fine.--The following shall apply:

(1) An owner of a motor vehicle to whom a notice of

violation has been issued may admit responsibility for the

violation and pay the fine provided in the notice.

(2) Payment must be made personally, through an

authorized agent, electronically or by mailing both payment

and the notice of violation to the system administrator.

Payment by mail must be made only by money order, credit

card or check made payable to the system administrator. The

system administrator shall remit the fine, less the system

administrator's operation and maintenance costs necessitated

by this section, to the department for deposit into a

restricted receipts account in the Motor License Fund. Fines

deposited in the fund under this paragraph shall be used by

the department for a Transportation Enhancement Grants

Program as established by section 3116 (relating to automated

red light enforcement systems in first class cities). The

department shall award transportation enhancement grants on

a competitive basis. The department may pay actual

administrative costs arising from the department's

administration of this section. The department may not

reserve, designate or set aside a specific level of funds

or percentage of funds to an applicant prior to the

completion of the application process, nor may the department

designate a set percentage of funds to an applicant. Grants

shall be awarded by the department based on the majority

vote of a selection committee consisting of four

representatives of the department appointed by the secretary

and four members appointed by the mayor of the city of the

first class, with the secretary or a designee of the

secretary serving as chairperson. Priority shall be given

to applications seeking grant funds for transportation

enhancements in the municipality where the automated speed

camera system is operated.

(3) Payment of the established fine and applicable

penalties shall operate as a final disposition of the case.

(n) Hearing.--The following shall apply:

(1) An owner of a motor vehicle to whom a notice of

violation has been issued may, within 30 days of the mailing

date of the notice, request a hearing to contest the

liability alleged in the notice. A hearing request must be

made by appearing before the system administrator during

regular office hours either personally or by an authorized

agent or by sending a request on the prescribed form.

(2) Upon receipt of a hearing request, the system

administrator shall in a timely manner schedule the matter

before a hearing officer. The hearing officer shall be

designated by the city of the first class. Written notice

of the date, time and place of hearing must be sent by first

class mail to the owner of the motor vehicle. A hearing to

contest liability may be in person or be conducted through

live-stream synchronous video conferencing or similar virtual

presence technology and shall be only at the locations and

times set by the system administrator.

(3) The hearing shall be conducted pursuant to 2 Pa.C.S.

Ch. 5 (relating to practice and procedure) and will be

subject to appeal pursuant to 2 Pa.C.S. Ch. 7 (relating to

judicial review).

(o) Compensation to manufacturer or vendor.--If a city of

the first class has established an automated speed enforcement

system, the compensation paid to the manufacturer or vendor of

the automated speed enforcement system may not be based upon

the number of traffic citations issued or a portion or

percentage of the fine generated by the citations. The

compensation paid to the manufacturer or vendor of the equipment

shall be based upon the value of the equipment and the services

provided or rendered in support of the automated speed

enforcement system.

(p) Revenue limitation.--A city of the first class may not

collect an amount equal to or greater than 2% of its annual

budget from the collection of revenue from the issuance and

payment of violations under this section.

(q) Expiration.--(Deleted by amendment).

(Oct. 19, 2018, P.L.563, No.86; Dec. 14, 2023, P.L.344, No.38)

2023 Amendment. Act 38 amended the heading and subsecs.

(a), (b), (d)(2) and (4), (f), (g), (i), (j)(1) and (3), (k),

(m)(1), (n)(1) and (2) and (o), added subsec. (d)(7) and deleted

subsec. (q), effective immediately as to the amendment of

subsec. (q) and 60 days as to the remainder of the section.

2018 Amendment. Act 86 added section 3370. Section 6 of

Act 86 provided that subsec. (e) shall take effect 60 days after

publication in the Pennsylvania Bulletin and 60 days as to the

remainder of the section. See section 5 of Act 86 in the

appendix to this title for special provisions relating to

notice.

§ 3370.1. Automated speed enforcement study.

The Local Government Commission shall conduct a study of

expanding automated speed enforcement on highways and streets

owned by municipalities. No later than two years after the

effective date of this section, the Local Government Commission

shall submit a report to the General Assembly and shall provide

findings and recommendations on the expansion of automated speed

enforcement on highways and streets owned by municipalities.

(Dec. 14, 2023, P.L.344, No.38, eff. imd.)

2023 Amendment. Act 38 added section 3370.1.

§ 3371. Pilot program for automated speed enforcement systems

in designated school zones.

(a) General rule.--A pilot program is established to provide

for an automated speed enforcement system in designated school

zones in a city of the first class. The following shall apply:

(1) This section shall only be applicable in a city of

the first class in no more than five school zones agreed

upon by the system administrator, on the city's behalf, and

the secretary.

(2) A city of the first class shall conduct an

engineering and traffic investigation under section 6109(e)

(relating to specific powers of department and local

authorities) on the posted speed limit within the proposed

school zone for an automated speed enforcement system.

(3) A city of the first class shall provide at least

one opportunity for public comment regarding the proposed

school zone.

(4) When the requirements under paragraphs (2) and (3)

are met, a city of the first class, upon passage of an

ordinance for the school zones, is authorized to enforce

section 3365(b) (relating to special speed limitations) by

recording violations using an automated speed enforcement

system approved by the department.

(b) Owner liability.--For each violation under this section,

the owner of the motor vehicle shall be liable for the penalty

imposed under subsection (d) unless the owner is convicted of

the same violation under another section of this title or has

a defense under subsection (g). For the purposes of this

section, the lessee of a leased vehicle shall be considered the

owner of a motor vehicle.

of a certificate, based upon inspection of recorded images

produced by an automated speed enforcement system and sworn to

or affirmed by a police officer employed by the city of the

first class shall be prima facie evidence of the facts contained

in it. The city must include written documentation that the

automated speed enforcement system was operating correctly at

the time of the alleged violation. A recorded image evidencing

a violation of section 3365(b) shall be admissible in any

judicial or administrative proceeding to adjudicate the

liability for the violation.

(d) Penalty.--

(1) The penalty for a violation under subsection (a)

shall be a fine of $150 unless a lesser amount is set by

ordinance. The ordinance may create fines for a first

offense, second offense and third and subsequent offenses,

but no single fine shall exceed $150.

(2) A penalty is authorized only for a violation of

this section if each of the following apply:

(i) At least two appropriate warning signs are

conspicuously placed at the beginning and end of the

designated school zone notifying the public that an

automated speed enforcement system is active and in use.

(ii) A notice identifying the location of the

automated speed enforcement system is posted on the

city's or system administrator's publicly accessible

Internet website throughout the period of use.

(iii) The designated school zone is active as

indicated by an official traffic-control device with a

posted speed limit of no greater than 15 miles per hour.

(3) A fine is not authorized during the first 30 days

of operation of an automated speed enforcement system.

(4) The system administrator may provide a written

warning to the registered owner of a motor vehicle determined

to have violated this section during the first 30 days of

operation of the automated speed enforcement system.

(5) A penalty imposed under this section shall not be

deemed a criminal conviction and shall not be made part of

the operating record under section 1535 (relating to schedule

of convictions and points) of the individual upon whom the

penalty is imposed, nor may the imposition of the penalty

be subject to merit rating for insurance purposes.

(6) Surcharge points may not be imposed in the provision

of motor vehicle insurance coverage. Penalties collected

under this section shall not be subject to 42 Pa.C.S. § 3571

(relating to Commonwealth portion of fines, etc.) or 3573

(relating to municipal corporation portion of fines, etc.).

(e) Liability.--Driving in excess of the posted speed limit

in a designated school zone by 11 miles per hour or more is a

violation of this section.

(f) Limitations.--

(1) An automated speed enforcement system may not be

utilized in such a manner as to take a frontal view recorded

image of the motor vehicle as evidence of having committed

a violation.

(2) Notwithstanding any other provision of law, camera

equipment deployed as part of an automated speed enforcement

system as provided in this section must be incapable of

automated or user-controlled remote surveillance by means

of recorded video images. Recorded images collected as part

of the automated speed enforcement system must only record

traffic violations and may not be used for any other

surveillance purposes, but may include video of the area

enforced when triggered by a violation. The restrictions set

forth in this paragraph shall not be deemed to preclude a

court of competent jurisdiction from issuing an order

directing that the information be provided to law enforcement

officials if the information is reasonably described and is

requested solely in connection with a criminal law

enforcement action.

(3) Notwithstanding any other provision of law,

information prepared under this section and information

related to violations under this section which is kept by

the city of the first class, its authorized agents or its

employees, including recorded images, written records,

reports or facsimiles, names, addresses, motor vehicle

information and the number of violations under this section,

shall be for the exclusive use of the city, its authorized

agents, its employees and law enforcement officials for the

purpose of discharging their duties under this section and

under any ordinances and resolutions of the city. The

information shall not be deemed a public record under the

act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law. The information shall not be discoverable

by court order or otherwise, nor shall it be offered in

evidence in any action or proceeding which is not directly

related to a violation of this section or any ordinance or

resolution of the city. The restrictions set forth in this

paragraph shall not be deemed to preclude a court of

competent jurisdiction from issuing an order directing that

the information be provided to law enforcement officials if

the information is reasonably described and is requested

solely in connection with a criminal law enforcement action.

(4) Recorded images obtained through the use of

automated speed enforcement systems deployed as a means of

promoting traffic safety in a city of the first class shall

be destroyed within one year of final disposition of any

recorded event, except that images subject to a court order

under paragraph (2) or (3) shall be destroyed within two

years after the date of the order, unless further extended

by court order. A city of the first class shall file notice

with the department that the records have been destroyed in

accordance with this section.

(5) Notwithstanding any other provision of law,

registered motor vehicle owner information obtained as a

result of the operation of an automated speed enforcement

system under this section shall not be the property of the

manufacturer or vendor of the automated speed enforcement

system and may not be used for any purpose other than as

prescribed in this section.

(6) A violation of this subsection shall constitute a

misdemeanor of the third degree punishable by a $500 fine.

Each violation shall constitute a separate and distinct

offense.

(g) Defenses.--

(1) It shall be a defense to a violation under this

section that the person named in the notice of the violation

was not driving the motor vehicle at the time of the

violation. The owner may be required to submit evidence that

the owner was not the driver at the time of the alleged

violation. The city of the first class may not require the

owner of the motor vehicle to disclose the identity of the

driver of the motor vehicle at the time of the violation.

(2) If an owner receives a notice of violation under

this section of a time period during which the motor vehicle

was reported to any police department as having been stolen,

it shall be a defense to a violation under this section that

the motor vehicle had been reported to a police department

as stolen prior to the time the violation occurred and had

not been recovered prior to that time.

(3) It shall be a defense to a violation under this

section that the person receiving the notice of violation

was not the owner of the motor vehicle at the time of the

offense.

(4) It shall be a defense to a violation under this

section that the automated speed enforcement system being

used to determine speed was not in compliance with section

3368 (relating to speed timing devices) with respect to

testing for accuracy, certification or calibration.

(h) Department approval.--

(1) No automated speed enforcement system may be used

without the approval of the department, which shall have the

authority to promulgate regulations for the certification

and use of the systems, which regulations may include the

use of radio-microwave devices, commonly referred to as

electronic speed meters or radar, or light detection and

ranging devices, commonly referred to as LIDAR, in their

operations.

(2) Notwithstanding any other provision of law, the

devices identified in paragraph (1) shall be tested for

accuracy at regular intervals as designated by regulation

of the department.

(i) Duty of city.--If a city of the first class elects to

implement this section, the following provisions shall apply:

(1) The city of the first class may not use an automated

speed enforcement system unless there is posted an

appropriate sign in a conspicuous place before the school

zone in which the automated speed enforcement system is to

be used notifying the public that an automated speed

enforcement system is in use immediately ahead.

(2) The city of the first class shall designate or

appoint the Philadelphia Parking Authority as the system

administrator to supervise and coordinate the administration

of notices of violation issued under this section.

Compensation under a contract authorized by this paragraph

shall be based only upon the value of equipment and services

provided or rendered in support of the automated speed

enforcement system program and may not be based on the

quantity of notices of violation issued or amount of fines

imposed or generated.

(3) The system administrator shall prepare a notice of

violation to the registered owner of a motor vehicle

identified in a recorded image produced by an automated speed

enforcement system as evidence of a violation of section

3362 (relating to maximum speed limits). The notice of

violation must be issued by a police officer employed by the

police department with primary jurisdiction over the area

where the violation occurred. The notice of violation shall

have the following attached to it:

(i) a copy of the recorded image showing the motor

vehicle;

(ii) the registration number and state of issuance

of the motor vehicle registration;

(iii) the date, time and place of the alleged

violation;

(iv) notice that the violation charged is under

section 3365(b); and

(v) instructions for return of the notice of

violation, which shall read:

This notice shall be returned personally, by mail

or by an agent duly authorized in writing, within

30 days of issuance. A hearing may be obtained

upon the request of the registered owner of the

motor vehicle.

(j) System administrator.--

(1) The system administrator may hire and designate

personnel as necessary or contract for services with a

manufacturer or vendor to implement this section.

(2) The system administrator shall process notices of

violation and penalties issued under this section.

(3) Not later than September 1 annually, the system

administrator shall submit an annual report to the

chairperson and minority chairperson of the Transportation

Committee of the Senate and the chairperson and minority

chairperson of the Transportation Committee of the House of

Representatives. The report shall be considered a public

record under the Right-to-Know Law and include for the prior

year:

(i) The number of violations and fines issued and

data regarding the speeds of motor vehicles in the

enforcement area.

(ii) A compilation of penalties paid and outstanding

and violations contested.

(iii) The amount of money paid to a system

administrator, vendor or manufacturer under this section.

(iv) The number of vehicular and pedestrian

accidents and related serious bodily injuries and deaths

in the designated school zones.

(k) Notice to owner.--In the case of a violation involving

a motor vehicle registered under the laws of this Commonwealth,

the notice of violation must be mailed within 30 days after the

commission of the violation or within 30 days after the

discovery of the identity of the registered owner of the motor

vehicle, whichever is later, and not thereafter to the address

of the registered owner as listed in the records of the

department. In the case of motor vehicles registered in

jurisdictions other than this Commonwealth, the notice of

violation must be mailed within 30 days after the discovery of

the identity of the registered owner to the address of the

registered owner as listed in the records of the official in

the jurisdiction having charge of the registration of the motor

vehicle. A notice of violation under this section must be

provided to the registered owner within 90 days of the

commission of the offense.

(l) Mailing of notice and records.--Notice of violation

must be sent by first class mail. A manual or automatic record

of mailing prepared by the system administrator in the ordinary

course of business shall be prima facie evidence of mailing and

shall be admissible in any judicial or administrative proceeding

as to the facts contained in it.

(m) Payment of fine.--

(1) An owner of the motor vehicle to whom a notice of

violation has been issued may admit responsibility for the

violation and pay the fine provided in the notice.

(2) Payment must be made personally, through an

authorized agent, electronically or by mailing both payment

and the notice of violation to the system administrator.

Payment by mail must be made only by money order, credit

card or check made payable to the system administrator. The

system administrator shall remit the fine, less the system

administrator's operation and maintenance costs necessitated

by this section, to the department for deposit into a

restricted receipts account in the Motor License Fund. Fines

deposited into the fund under this paragraph shall be used

by the department for a Transportation Enhancement Grants

Program as established by section 3116 (relating to automated

red light enforcement systems in first class cities). The

department shall award transportation enhancement grants on

a competitive basis. The department may pay actual

administrative costs arising from the department's

administration of this section. The department may not

reserve, designate or set aside a specific level of money

or percentage of money to an applicant prior to the

completion of the application process, nor may the department

designate a set percentage of money to an applicant. Grants

shall be awarded by the department based on the majority

vote of a selection committee consisting of four

representatives of the department appointed by the secretary

and four members appointed by the mayor of the city of the

first class, with the secretary or a designee of the

secretary serving as chairperson. Priority shall be given

to applications seeking grant money for transportation

enhancements in the municipality where the automated speed

camera system is operated.

(3) Payment of the established fine and applicable

penalties shall operate as a final disposition of the case.

(n) Hearing.--

(1) An owner of the motor vehicle to whom a notice of

violation has been issued may, within 30 days of the mailing

date of the notice, request a hearing to contest the

liability alleged in the notice. A hearing request must be

made by appearing before the system administrator during

regular office hours either personally or by an authorized

agent or by sending a request on the prescribed form.

(2) Upon receipt of a hearing request, the system

administrator shall in a timely manner schedule the matter

before a hearing officer. The hearing officer shall be

designated by the city of the first class. Written notice

of the date, time and place of hearing must be sent by first

class mail to the owner of the motor vehicle. A hearing to

contest liability may be in-person or be conducted through

live-stream synchronous video conferencing or similar virtual

presence technology and shall be only at the locations and

times set by the system administrator.

(3) The hearing shall be conducted in accordance with

2 Pa.C.S. Ch. 5 (relating to practice and procedure) and

shall be subject to appeal under 2 Pa.C.S. Ch. 7 (relating

to judicial review).

(o) Compensation to manufacturer or vendor.--If a city of

the first class has established an automated speed enforcement

system, the compensation paid to the manufacturer or vendor of

the automated speed enforcement system may not be based upon

the number of traffic citations issued or a portion or

percentage of the fine generated by the citations. The

compensation paid to the manufacturer or vendor of the equipment

shall be based upon the value of the equipment and the services

provided or rendered in support of the automated speed

enforcement system.

(p) Revenue limitation.--A city of the first class may not

collect an amount equal to or greater than 2% of its annual

budget from the collection of revenue from the issuance and

payment of violations under this section.

(q) Expiration.--This section shall expire December 31,

2029.

(Dec. 14, 2023, P.L.344, No.38)

2023 Amendment. Act 38 added section 3371. Section 5(2) of

Act 38 provided that subsec. (e) shall take effect 60 days after

the publication in the Pennsylvania Bulletin under section 4

of Act 38 and section 5(3) of Act 38 provided that the remainder

of the section shall take effect in 60 days. Section 4 of Act

38 provided that the Secretary of Transportation shall transmit

notice to the Legislative Reference Bureau for publication in

the next available issue of the Pennsylvania Bulletin that an

automated speed enforcement system is operational in the

designated school zones under section 3371.

CHAPTER 35

SPECIAL VEHICLES AND PEDESTRIANS

Subchapter

A. Operation of Pedalcycles

B. Special Rules for Motorcycles

C. Rights and Duties of Pedestrians

D. Pedalcycle and Pedestrian Advisory Committee

E. Electric Personal Assistive Mobility Devices

F. Operation of Neighborhood Electric Vehicles

Enactment. Chapter 35 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977.

Cross References. Chapter 35 is referred to in sections

3301, 3331 of this title.

SUBCHAPTER A

OPERATION OF PEDALCYCLES

Sec.

3501. Applicability of traffic laws to pedalcycles.

3502. Penalty for violation of subchapter.

3503. Responsibility of parent or guardian.

3504. Riding on pedalcycles.

3505. Riding on roadways and pedalcycle paths.

3506. Articles carried by operator.

3507. Lamps and other equipment on pedalcycles.

3508. Pedalcycles on sidewalks and pedalcycle paths.

3509. Parking.

3510. Pedalcycle helmets for certain persons.

3511. Pedalcycles prohibited on freeways.

3512. Pedalcycle Helmet Fund (Repealed).

3513. Civil immunity for lenders of pedalcycle helmets.

3514. Operation of pedalcycles with electric assist.

§ 3501. Applicability of traffic laws to pedalcycles.

(a) General rule.--Every person riding a pedalcycle upon a

roadway shall be granted all of the rights and shall be subject

to all of the duties applicable to the driver of a vehicle by

this title, except as to special provisions in this subchapter

and except as to those provisions of this title which by their

nature can have no application.

(b) Application of subchapter.--The provisions of this

subchapter apply whenever a pedalcycle is operated upon any

highway or upon any path set aside for the exclusive use of

pedalcycles subject to the exceptions stated in subsection (a).

§ 3502. Penalty for violation of subchapter.

Any person violating any provision of this subchapter is

guilty of a summary offense and shall, upon conviction, be

sentenced to pay a fine of $10.

§ 3503. Responsibility of parent or guardian.

The parent of any child and the guardian of any ward shall

not authorize or knowingly permit the child or ward to violate

any of the provisions of this title relating to the operation

of pedalcycles.

§ 3504. Riding on pedalcycles.

(a) Use of seat by operator.--A person propelling a

pedalcycle shall not ride other than upon or astride a permanent

and regular seat attached to the pedalcycle.

(b) Number of riders.--No pedalcycle shall be used to carry

more persons at one time than the number for which the

pedalcycle is designed and equipped except that an adult rider

may transport a child in a pedalcycle child carrier which is

securely attached to the pedalcycle or in a trailer which is

towed by a pedalcycle.

(Dec. 15, 1995, P.L.655, No.72, eff. 60 days)

§ 3505. Riding on roadways and pedalcycle paths.

(a) General rule.--Except as provided in subsections (b)

and (c), every person operating a pedalcycle upon a highway

shall obey the applicable rules of the road as contained in

this title.

(b) Operation on shoulder.--A pedalcycle may be operated

on the shoulder of a highway and shall be operated in the same

direction as required of vehicles operated on the roadway. All

turns shall be made in accordance with section 3331 (relating

to required position and method of turning).

at slower than prevailing speed shall be operated in accordance

with the provisions of section 3301 (relating to driving on

right side of roadway) unless it is unsafe to do so.

(d) One-way roadways.--Any person operating a pedalcycle

upon a roadway which carries traffic in one direction only and

has two or more marked traffic lanes may ride as near the

left-hand curb or edge of the roadway as practicable, exercising

due care when passing a standing vehicle or one proceeding in

the same direction.

(e) Limitation on riding abreast.--Persons riding

pedalcycles upon a roadway shall not ride more than two abreast

except on paths or parts of roadways set aside for the exclusive

use of pedalcycles.

(f) Mandatory use of available pedalcycle path.--(Deleted

by amendment).

(Dec. 15, 1995, P.L.655, No.72, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; Feb. 2, 2012, P.L.27, No.3,

eff. 60 days)

2012 Amendment . Act 3 amended subsec. (c).

1998 Amendment. Act 151 amended subsec. (b) and deleted

subsec. (f).

§ 3506. Articles carried by operator.

No person operating a pedalcycle shall carry any package,

bundle or article which prevents the driver from keeping at

least one hand upon the handlebars.

§ 3507. Lamps and other equipment on pedalcycles.

(a) Lamps and reflectors.--Every pedalcycle when in use

between sunset and sunrise shall be equipped on the front with

a lamp which emits a beam of white light intended to illuminate

the pedalcycle operator's path and visible from a distance of

at least 500 feet to the front, a red reflector facing to the

rear which shall be visible at least 500 feet to the rear and

an amber reflector on each side. Operators of pedalcycles may

supplement the required front lamp with a white flashing lamp,

light-emitting diode or similar device to enhance their

visibility to other traffic and with a lamp emitting a red

flashing lamp, light-emitting diode or similar device visible

from a distance of 500 feet to the rear. A lamp or lamps worn

by the operator of a pedalcycle shall comply with the

requirements of this subsection if the lamp or lamps can be

seen at the distances specified.

(b) Audible signal devices.--A pedalcycle may be equipped

with a device capable of giving a signal audible for a distance

of at least 100 feet except that a pedalcycle shall not be

equipped with nor shall any person use upon a pedalcycle any

siren.

braking system which will stop the pedalcycle in 15 feet from

an initial speed of 15 miles per hour on a dry, level and clean

pavement.

(Dec. 15, 1995, P.L.655, No.72, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 amended subsec. (a).

§ 3508. Pedalcycles on sidewalks and pedalcycle paths.

(a) Right-of-way to pedestrians.--A person riding a

pedalcycle upon a sidewalk or pedalcycle path used by

pedestrians shall yield the right-of-way to any pedestrian and

shall give an audible signal before overtaking and passing a

pedestrian.

(b) Business districts.--A person shall not ride a

pedalcycle upon a sidewalk in a business district unless

permitted by official traffic-control devices, nor when a usable

pedalcycle-only lane has been provided adjacent to the sidewalk.

§ 3509. Parking.

(a) Sidewalks.--

(1) A person may park a pedalcycle on a sidewalk unless

prohibited or restricted by an official traffic-control

device.

(2) A pedalcycle parked on a sidewalk shall not impede

the normal and reasonable movement of pedestrian or other

traffic.

(b) Roadways.--

(1) A pedalcycle may be parked on the roadway at any

angle to the curb or edge of the roadway at any location

where parking is allowed.

(2) A pedalcycle may be parked on the roadway abreast

of another pedalcycle or pedalcycles near the side of the

roadway at any location where parking is allowed.

(3) A person shall not park a pedalcycle on a roadway

in such a manner as to obstruct the movement of a legally

parked motor vehicle.

(4) In all other respects, pedalcycles parked anywhere

on a highway shall conform with the provisions of Subchapter

E of Chapter 33 (relating to stopping, standing and parking).

Cross References. Section 3509 is referred to in section

3353 of this title.

§ 3510. Pedalcycle helmets for certain persons.

(a) General rule.--A person under 12 years of age shall not

operate a pedalcycle or ride as a passenger on a pedalcycle

unless the person is wearing a pedalcycle helmet meeting the

standards of the American National Standards Institute, the

American Society for Testing and Materials, the Snell Memorial

Foundation's Standards for Protective Headgear for Use in

Bicycling or any other nationally recognized standard for

pedalcycle helmet approval. This subsection shall also apply

to a person who rides:

(1) upon a pedalcycle while in a restraining seat

attached to a pedalcycle; or

(2) in a trailer towed by a pedalcycle.

(b) Helmet to be labeled.--Any helmet sold or offered for

sale for use by operators and passengers of pedalcycles shall

be labeled in accordance with the standard described in

subsection (a), which shall constitute the manufacturer's

certification that the helmet conforms to the applicable safety

standards.

(b.1) Sale of helmet.--No person shall sell or offer for

sale for use by an operator or passenger of a pedalcycle a

helmet which is not of a type meeting the requirements

established by this section.

(b.2) Waiver of fine.--If a person receives a citation

issued by the proper authority for violation of subsection (a),

a magisterial district judge, magistrate or judge shall dismiss

the charges if the person prior to or at the person's hearing

displays evidence of acquisition of a helmet meeting the

standards prescribed in subsection (a) to such magisterial

district judge, magistrate or judge. Sufficient evidence shall

include a receipt mailed to the appropriate court officer which

evidences purchase or transfer of such a helmet from another

helmet owner, evidenced by a notarized letter.

(b.3) Exemption.--This section shall not apply to a child

under 12 years of age who can produce a statement from the

family's church authorities attesting that it is against the

tenets of the family's religion to wear a helmet.

violation of subsection (a) be used as evidence in a trial of

any civil action; nor shall any jury in a civil action be

instructed that any conduct did constitute or could be

interpreted by them to constitute a violation of subsection

(a); nor shall failure to use a pedalcycle helmet be considered

as contributory negligence nor shall failure to use a pedalcycle

helmet be admissible as evidence in the trial of any civil

action.

(d) Penalty.--Notwithstanding any other provisions of law,

any violation of subsection (a) is punishable by a fine,

including all penalties, assessments and court costs imposed

on the convicted person not to exceed $25. The parent or legal

guardian having control or custody of a person under 12 years

of age whose conduct violates this section shall be jointly and

severally liable with the person for the amount of the fine

imposed.

(e) Definitions.--As used in this section, the term "wearing

a pedalcycle helmet" means having a pedalcycle helmet of good

fit fastened securely upon the head with the helmet straps.

(July 19, 1991, P.L.88, No.20, eff. 90 days; Dec. 28, 1994,

P.L.1441, No.170, eff. 60 days; Dec. 15, 1995, P.L.655, No.72,

eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

2004 Amendment. Act 207 amended subsec. (b.2). See section

29 of Act 207 in the appendix to this title for special

provisions relating to construction of law.

Cross References. Section 3510 is referred to in sections

3513, 3582 of this title.

§ 3511. Pedalcycles prohibited on freeways.

(a) General rule.--No person shall ride a pedalcycle on a

freeway.

(b) Exceptions.--

(1) The department and local authorities, on highways

under their respective jurisdictions, may issue permits for

a procession or event prohibited under subsection (a) upon

a determination that:

(i) The pedalcycle procession or event is of

national, State or regional interest; and

(ii) the results of an engineering and traffic study

indicate that the procession or event can be conducted

with safety.

(2) On State-designated freeways, pedalcycles may be

authorized under the following limitations:

(i) The pedalcycler is 18 years of age or older or

is accompanied by a pedalcycler 18 years of age or older.

(ii) A written request for review of the freeway

route based on the potential unavailability of an

alternate route is made to the department.

(iii) The department determines that no reasonable

alternate route exists and the freeway is safe for

pedalcycle travel.

(iv) The department publishes a notice in the

Pennsylvania Bulletin authorizing pedalcycle access to

the freeway. The notice shall constitute approval for

the persons authorized under subparagraph (i) to ride a

pedalcycle on the State-designated freeway.

authorities regarding permission to use pedalcycles on freeways

under their jurisdiction shall be:

(1) by ordinance of the local governing body; or

(2) by a commission or public official authorized to

act on specified matters.

(d) Operation on shoulder.--If the department authorizes

pedalcycle access to a freeway, the pedalcycle shall be operated

upon the shoulder of that freeway whenever practicable.

(June 11, 1992, P.L.266, No.47, eff. 60 days; Dec. 15, 1995,

P.L.655, No.72, eff. 60 days; Dec. 9, 2002, P.L.1278, No.152,

eff. 60 days)

2002 Amendment. Act 152 amended subsec. (b).

1995 Amendment. Act 72 added subsec. (d).

1992 Amendment. Act 47 added section 3511.

§ 3512. Pedalcycle Helmet Fund (Repealed).

1995 Repeal. Section 3512 was repealed December 15, 1995,

P.L.655, No.72, effective in 60 days.

§ 3513. Civil immunity for lenders of pedalcycle helmets.

No person or organization who or which lends to another

person or organization a pedalcycle helmet, as described in

section 3510 (relating to pedalcycle helmets for certain

persons), shall be liable for any civil damages resulting from

any act or omission, except any act or omission intentionally

designed to harm or any grossly negligent act or omission

resulting in harm to another.

(Dec. 28, 1994, P.L.1441, No.170, eff. 60 days)

1994 Amendment. Act 170 added section 3513.

§ 3514. Operation of pedalcycles with electric assist.

No person under 16 years of age shall operate a pedalcycle

with electric assist.

(Oct. 22, 2014, P.L.2543, No.154, eff. 60 days)

2014 Amendment. Act 154 added section 3514.

SUBCHAPTER B

SPECIAL RULES FOR MOTORCYCLES

Sec.

3521. Applicability of traffic laws to motorcycles.

3522. Riding on motorcycles.

3523. Operating motorcycles on roadways laned for traffic.

3524. Footrests and handhold.

3525. Protective equipment for motorcycle riders.

3526. Lighted lamp requirements for motorcycles.

3527. Certain passengers prohibited in autocycles.

§ 3521. Applicability of traffic laws to motorcycles.

Every person operating a motorcycle shall be granted all of

the rights and shall be subject to all of the duties applicable

to the driver of any other vehicle under this title, except as

to special provisions in this subchapter and except as to those

provisions of this title which by their nature can have no

application.

§ 3522. Riding on motorcycles.

(a) Use of seat by operator and passengers.--A person

operating a motorcycle shall ride only upon the permanent and

regular seat attached to the motorcycle, and the operator shall

not carry any other person nor shall any other person ride on

a motorcycle unless the motorcycle is designed to carry more

than one person, in which event a passenger may ride upon the

permanent and regular seat if designed for two persons, or upon

another seat firmly attached to the motorcycle at the rear or

side of the operator. In no event shall a passenger sit in front

of the operator of the motorcycle.

(b) Method of seating.--Unless in a sidecar, a person shall

ride upon a motorcycle only while sitting astride the seat,

facing forward, with one leg on each side of the motorcycle.

a motorcycle while carrying any package, bundle or other article

which prevents him from keeping both hands on the handlebars.

(d) Interference with operation.--No operator shall carry

any person, nor shall any person ride, in a position that will

interfere with the operation or control of the motorcycle or

the view of the operator.

§ 3523. Operating motorcycles on roadways laned for traffic.

(a) Right to use of lane.--All motorcycles are entitled to

full use of a lane and no motor vehicle shall be driven in such

a manner as to deprive any motorcycle of the full use of a lane.

(b) Overtaking and passing.--The operator of a motorcycle

shall not overtake and pass in the same lane occupied by the

vehicle being overtaken.

operate a motorcycle between lanes of traffic or between

adjacent lines or rows of vehicles.

(d) Limitation on operating abreast.--Motorcycles shall not

be operated more than two abreast in a single lane.

(e) Limited access highways.--No motorized pedalcycle shall

be operated on any limited access highway.

(f) Exception for police officers.--Subsections (b) and (c)

do not apply to police officers in the performance of their

official duties.

§ 3524. Footrests and handhold.

Any motorcycle carrying a passenger, other than in a sidecar

or enclosed cab, shall be equipped with footrests and handhold

for the passenger.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

§ 3525. Protective equipment for motorcycle riders.

(a) Protective headgear.--Except as provided in subsection

(d), no person shall operate or ride upon a motorcycle or a

motor-driven cycle (other than a motorized pedalcycle) unless

he is wearing protective headgear which complies with standards

established by the department.

(b) Eye-protective devices.--No person shall operate or

ride upon a motorcycle (other than a motorized pedalcycle or a

three-wheeled motorcycle equipped with an enclosed cab) unless

he is wearing an eye-protective device of a type approved by

the department.

disapprove protective headgear and eye-protective devices

required under this section and may issue and enforce

regulations establishing standards and specifications for the

approval of the headgear and devices. The department shall

publish lists of all protective headgear and eye-protective

devices by name and type which have been approved.

(d) Exception.--The provisions of subsection (a) shall not

apply to the following:

(1) The operator or any occupant of a three-wheeled

motorcycle equipped with an enclosed cab.

(2) A person 21 years of age or older who has been

licensed to operate a motorcycle for not less than two full

calendar years.

(3) A person 21 years of age or older who has completed

a motorcycle rider safety course approved by the department

or the Motorcycle Safety Foundation.

(4) The passenger of a person exempt under this

subsection if the passenger is 21 years of age or older.

(Feb. 15, 1980, P.L.12, No.8, eff. imd.; July 8, 1986, P.L.432,

No.90, eff. 60 days; July 6, 2003, P.L.19, No.10, eff. 60 days)

Cross References. Section 3525 is referred to in section

3314 of this title.

§ 3526. Lighted lamp requirements for motorcycles.

Notwithstanding the provisions of section 4302 (relating to

periods for requiring lighted lamps), the operator of a

motorcycle, manufactured during or after 1986, upon a highway

shall display the lighted head lamps and other lamps and

illuminating devices required under Chapter 43 (relating to

lighting equipment) at all times.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; May 11, 2006,

P.L.161, No.38, eff. imd.)

§ 3527. Certain passengers prohibited in autocycles.

No person who is operating an autocycle may permit a child

who is under eight years of age to be a passenger in the

autocycle if the child would be required to be secured in a

passenger car as provided in section 4581 (relating to restraint

systems).

(May 25, 2016, P.L.248, No.34, eff. 60 days)

2016 Amendment. Act 34 added section 3527.

SUBCHAPTER C

RIGHTS AND DUTIES OF PEDESTRIANS

Sec.

3541. Obedience of pedestrians to traffic-control devices and

regulations.

3542. Right-of-way of pedestrians in crosswalks.

3543. Pedestrians crossing at other than crosswalks.

3544. Pedestrians walking along or on highway.

3545. Pedestrians soliciting rides or business.

3546. Driving through or around safety zone.

3547. Right-of-way of pedestrians on sidewalks.

3548. Pedestrians to yield to emergency vehicles.

3549. Blind pedestrians.

3550. Pedestrians under influence of alcohol or controlled

substance.

3551. Compliance with bridge and railroad warning signals.

3552. Penalty for violation of subchapter.

§ 3541. Obedience of pedestrians to traffic-control devices

and regulations.

(a) Traffic-control devices.--A pedestrian shall obey the

instructions of a police officer or other appropriately attired

person authorized to direct, control or regulate traffic.

(b) Traffic and pedestrian-control signals.--Local

authorities by ordinance may require pedestrians to obey traffic

and pedestrian-control signals as provided in sections 3112

(relating to traffic-control signals) and 3113 (relating to

pedestrian-control signals).

§ 3542. Right-of-way of pedestrians in crosswalks.

(a) General rule.--When traffic-control signals are not in

place or not in operation, the driver of a vehicle shall yield

the right-of-way to a pedestrian crossing the roadway within

any marked crosswalk or within any unmarked crosswalk at an

intersection.

(b) Exercise of care by pedestrian.--No pedestrian shall

suddenly leave a curb or other place of safety and walk or run

into the path of a vehicle which is so close as to constitute

a hazard.

is stopped at any crosswalk at an intersection or at any marked

crosswalk to permit a pedestrian to cross the roadway, the

driver of any other vehicle approaching from the rear shall not

overtake and pass the stopped vehicle.

(d) Application of section.--Subsection (a) does not apply

under the conditions stated in section 3543(b) (relating to

pedestrians crossing at other than crosswalks).

(e) Penalties.--The driver of a vehicle who violates

subsection (a) commits a summary offense and shall, upon

conviction, be sentenced to pay a fine of $50.

(June 25, 2001, P.L.701, No.68, eff. 120 days; June 26, 2001,

P.L.734, No.75, eff. 60 days)

2001 Amendments. Act 75 overlooked the amendment by Act 68,

but the amendments do not conflict in substance (except for the

amount of the fine, as to which Act 75 has been given effect)

and have both been given effect in setting forth the text of

section 3542.

Cross References. Section 3542 is referred to in section

1535 of this title.

§ 3543. Pedestrians crossing at other than crosswalks.

(a) General rule.--Every pedestrian crossing a roadway at

any point other than within a crosswalk at an intersection or

any marked crosswalk shall yield the right-of-way to all

vehicles upon the roadway.

(b) At pedestrian tunnel or overhead crossing.--Any

pedestrian crossing a roadway at a point where a pedestrian

tunnel or overhead pedestrian crossing has been provided shall

yield the right-of-way to all vehicles upon the roadway.

district.--Between adjacent intersections in urban districts

at which traffic-control signals are in operation pedestrians

shall not cross at any place except in a marked crosswalk.

(d) Crossing intersection diagonally.--No pedestrian shall

cross a roadway intersection diagonally unless authorized by

official traffic-control devices or at the direction of a police

officer or other appropriately attired person authorized to

direct, control or regulate traffic. When authorized to cross

diagonally, pedestrians shall cross only in accordance with the

signal pertaining to the crossing movements.

Cross References. Section 3543 is referred to in section

3542 of this title.

§ 3544. Pedestrians walking along or on highway.

(a) Mandatory use of available sidewalk.--Where a sidewalk

is provided and its use is practicable, it is unlawful for any

pedestrian to walk along and upon an adjacent roadway.

(b) Absence of sidewalk.--Where a sidewalk is not available,

any pedestrian walking along and upon a highway shall walk only

on a shoulder as far as practicable from the edge of the

roadway.

sidewalk nor a shoulder is available, any pedestrian walking

along and upon a highway shall walk as near as practicable to

an outside edge of the roadway and, if on a two-way roadway,

shall walk only on the left side of the roadway.

(d) Right-of-way to vehicles.--Except as otherwise provided

in this subchapter, any pedestrian upon a roadway shall yield

the right-of-way to all vehicles upon the roadway.

§ 3545. Pedestrians soliciting rides or business.

No person shall:

(1) Stand on a roadway for the purpose of soliciting a

ride.

(2) Stand on a roadway for the purpose of soliciting

employment, business or contributions from the occupant of

any vehicle.

(3) Stand on or in proximity to a highway for the

purpose of soliciting the watching or guarding of any vehicle

while parked or about to be parked on a street or highway.

Cross References. Section 3545 is referred to in section

7714 of Title 35 (Health and Safety).

§ 3546. Driving through or around safety zone.

(a) Through zones.--No vehicle shall at any time be driven

through or within a safety zone.

(b) Around zones.--Traffic may move on either side of a

safety zone unless prohibited from driving to the left of the

zone by the installation of an official traffic-control device

as provided in this title.

§ 3547. Right-of-way of pedestrians on sidewalks.

The driver of a vehicle emerging from or entering an alley,

building, private road or driveway shall yield the right-of-way

to any pedestrian approaching on any sidewalk extending across

the alley, building entrance, road or driveway.

Cross References. Section 3547 is referred to in section

1535 of this title.

§ 3548. Pedestrians to yield to emergency vehicles.

(a) General rule.--Upon the immediate approach of an

emergency vehicle making use of audible and visual signals

meeting the requirements of this title, every pedestrian shall

yield the right-of-way to the emergency vehicle.

(b) Exercise of care by driver.--This section does not

relieve the driver of an emergency vehicle from the duty to

drive with due regard for the safety of all persons using the

highway nor from the duty to exercise due care to avoid

colliding with any pedestrian.

(June 26, 2001, P.L.734, No.75, eff. 60 days)

§ 3549. Blind pedestrians.

(a) General rule.--The driver of a vehicle shall yield the

right-of-way to any totally or partially blind pedestrian

carrying a clearly visible white cane or accompanied by a guide

dog and shall take such precautions as may be necessary to avoid

injuring or endangering the pedestrian and, if necessary, shall

stop the vehicle in order to prevent injury or danger to the

pedestrian.

(b) Effect of absence of cane or dog.--This section shall

not be construed to deprive a totally or partially blind

pedestrian not carrying a cane or not being guided by a dog of

the rights and privileges conferred by law upon pedestrians

crossing streets or highways, nor shall the failure of a totally

or partially blind pedestrian to carry a cane or to be guided

by a guide dog upon the streets, highways or sidewalks of this

Commonwealth be held to constitute contributory negligence in

and of itself.

summary offense punishable by a fine of not less than $50 nor

more than $150.

(Oct. 4, 2002, P.L.845, No.123, eff. 60 days)

2002 Amendment. Act 123 added subsec. (c).

Cross References. Section 3549 is referred to in section

1535 of this title.

§ 3550. Pedestrians under influence of alcohol or controlled

substance.

A pedestrian who is under the influence of alcohol or any

controlled substance to a degree which renders the pedestrian

a hazard shall not walk or be upon a highway except on a

sidewalk.

§ 3551. Compliance with bridge and railroad warning signals.

(a) Bridges.--No pedestrian shall enter or remain upon any

bridge or approach to any bridge beyond the bridge signal, gate

or barrier after a bridge operation signal indication has been

given.

(b) Railroad crossings.--No pedestrian shall pass through,

around, over or under any crossing gate or barrier at a railroad

grade crossing or bridge while the gate or barrier is closed

or is being opened or closed.

summary offense punishable by a fine of not less than $50 nor

more than $150.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 added subsec. (c).

§ 3552. Penalty for violation of subchapter.

Except as otherwise provided for in this subchapter, any

pedestrian violating any provision of this subchapter is guilty

of a summary offense and shall, upon conviction, be sentenced

to pay a fine of $5.

(Oct. 4, 2002, P.L.845, No.123, eff. 60 days)

SUBCHAPTER D

PEDALCYCLE AND PEDESTRIAN ADVISORY COMMITTEE

Sec.

3571. Pedalcycle and Pedestrian Advisory Committee.

Enactment. Subchapter D was added December 15, 1995,

P.L.655, No.72, effective in 60 days.

Reenactment. Subchapter D was reenacted and amended May 17,

2001, P.L.24, No.8, retroactive to December 31, 2000.

§ 3571. Pedalcycle and Pedestrian Advisory Committee.

(a) Establishment.--There is hereby established under the

jurisdiction of the Department of Transportation the

Pennsylvania Pedalcycle and Pedestrian Advisory Committee.

(b) Composition.--The committee shall consist of 17 members.

The members shall be as follows:

(1) The Secretary of Transportation, ex officio.

(2) The Secretary of Conservation and Natural Resources,

ex officio.

(3) The chairman and minority chairman of the

Transportation Committee of the Senate.

(4) The chairman and minority chairman of the

Transportation Committee of the House of Representatives.

(5) Eleven members of the public representing various

bicycling or pedestrian constituencies. Each member shall

have relevant expertise and knowledge and shall be familiar

with best practices in bicycle or pedestrian policy,

planning, design and education. The public members shall be

appointed by the Governor as follows:

(i) Two members representing urban and suburban

constituencies in the Philadelphia and Pittsburgh

metropolitan areas.

(ii) One member representing Statewide

constituencies.

(iii) One member representing a metropolitan

planning organization or rural planning organization.

(iv) One member representing trail constituencies.

(v) One member representing pedestrian

constituencies.

(vi) One member representing senior citizen or

disabled constituencies.

(vii) One member representing children and education

constituencies.

(viii) One member representing a recreational

cycling club.

(ix) Two at-large members representing the general

public.

Each member set forth in paragraphs (1) through (4) may

designate an alternate to serve in his stead, and such member

shall notify the chairman in writing of this designation.

committee appointed by the Governor shall be for three years.

Any member of the committee may be reappointed for additional

terms. An individual appointed to fill a vacancy shall serve

for the unexpired term and shall be eligible for reappointment.

(d) Officers.--The members of the committee shall annually

elect a chairman, a vice chairman and a secretary from among

the public members of the committee.

(e) Meetings and expenses.--

(1) The committee shall meet at least annually.

(2) A public member who misses three consecutive

meetings without good cause acceptable to the chairman may

be replaced by the Governor.

(3) The public members of the committee shall be allowed

actual, necessary and reasonable per diem expenses in

accordance with regulations of the Executive Board. The

department shall provide appropriate staff support to enable

the committee to properly carry out its functions.

(f) Powers and duties.--The powers and duties of the

committee shall be to advise and comment on all phases of

bicycling and pedestrian program activities being undertaken

or financially assisted by the department and agencies of State

government.

(Mar. 21, 1996, P.L.35, No.11, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; May 17, 2001, P.L.24, No.8,

eff. imd.; July 5, 2012, P.L.932, No.98, eff. 60 days)

2012 Amendment. Act 98 amended subsecs. (b) and (f).

2001 Amendment. Act 8 reenacted and amended section 3571,

retroactive to December 31, 2000.

SUBCHAPTER E

ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES

Sec.

3581. Equipment.

3582. Pedalcycle helmets for certain persons.

3583. EPAMD prohibited on freeways.

Enactment. Subchapter E was added July 4, 2002, P.L.692,

No.105, effective in 60 days.

§ 3581. Equipment.

(a) Exemption.--Electrical personal assistive mobility

devices shall be exempted from the vehicle equipment

requirements in Chapters 41 (relating to equipment standards),

43 (relating to lighting equipment) and 45 (relating to other

required equipment) and department regulations relating to those

sections.

(b) Lamps and reflectors.--Every EPAMD when operated on a

sidewalk, sidewalk area or highway between sunset and sunrise

shall be equipped on the front with a lamp which emits a beam

of white light intended to illuminate the EPAMD operator's path

and visible from a distance of at least 500 feet in front, a

red reflector facing to the rear which is visible at least 500

feet to the rear and a reflector on each side.

§ 3582. Pedalcycle helmets for certain persons.

(a) General rule.--A child under 12 years of age may not

operate an EPAMD unless the person is wearing a pedalcycle

helmet meeting the requirements of section 3510 (relating to

pedalcycle helmets for certain persons).

(b) Waiver of fine.--If a person receives a citation issued

by the proper authority for violation of subsection (a), a

magisterial district judge, magistrate or judge shall dismiss

the charges if the person prior to or at the person's hearing

displays evidence of acquisition of a helmet meeting the

standards prescribed in subsection (a) to the magisterial

district judge, magistrate or judge. Sufficient evidence shall

include a receipt mailed to the appropriate court officer which

evidences purchase or transfer of such a helmet from another

helmet owner, evidenced by a notarized letter.

under 12 years of age who can produce a statement from the

family's church authorities attesting that it is against the

tenets of the family's religion to wear a helmet.

(d) Civil actions.--In no event shall a violation or alleged

violation of subsection (a) be used as evidence in a trial of

any civil action, nor shall any jury in a civil action be

instructed that any conduct did constitute or could be

interpreted by the jury to constitute a violation of subsection

(a), nor shall failure to use a pedalcycle helmet be considered

as contributory negligence, nor shall failure to use a

pedalcycle helmet be admissible as evidence in the trial of any

civil action.

(e) Penalty.--Notwithstanding any other provisions of law,

any violation of subsection (a) is punishable by a fine,

including all penalties, assessments and court costs imposed

on the convicted person, not to exceed $25. The parent or legal

guardian having control or custody of a child under 12 years

of age whose conduct violates this section shall be jointly and

severally liable with the person for the amount of the fine

imposed.

(f) Definitions.--As used in this section, the term "wearing

a pedalcycle helmet" means having a pedalcycle helmet of good

fit fastened securely upon the head with the helmet straps.

(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

2004 Amendment. Act 207 amended subsec. (b). See section

29 of Act 207 in the appendix to this title for special

provisions relating to construction of law.

§ 3583. EPAMD prohibited on freeways.

No person shall operate an EPAMD on a freeway.

SUBCHAPTER F

OPERATION OF NEIGHBORHOOD ELECTRIC VEHICLES

Sec.

3591. Scope of subchapter.

3592. Required equipment.

3593. Operation on certain highways or roadways.

3594. Same treatment as passenger cars.

3595. Seating limitation.

3596. Waiver of liability.

Enactment. Subchapter F was added October 22, 2014,

P.L.2878, No.177, effective May 1, 2015.

§ 3591. Scope of subchapter.

This subchapter applies to the operation of neighborhood

electric vehicles on certain highways or roadways in this

Commonwealth.

§ 3592. Required equipment.

(a) General rule.--A neighborhood electric vehicle operated

upon any highway or roadway in this Commonwealth shall be

maintained in proper condition and comply with the equipment

requirements and standards as set forth in 49 CFR § 571.500

(relating to Standard No. 500; Low-speed vehicles). A

neighborhood electric vehicle operated upon any highway or

roadway in this Commonwealth shall be equipped with the

following additional equipment:

(1) Brakes adequate to control the movement of and to

stop such vehicle.

(2) An odometer.

(3) A speedometer.

(4) The original manufacturer's vehicle identification

number die stamped upon the body or frame, or both, of the

vehicle or the original manufacturer's vehicle identification

number die stamped upon the engine or motor of the vehicle.

(5) A windshield wiper.

(6) A horn.

(7) A battery charge indicator.

(b) Exemption.--A neighborhood electric vehicle shall be

exempt from equipment requirements not enumerated in this

subchapter.

shall have a safety information decal as provided by the

manufacturer affixed in a conspicuous place on the rear of the

vehicle which shall display in prominent lettering "25 MPH

Vehicle." The decal shall be at least 4 inches in height by 10

inches in length.

(d) Penalties.--Any person who operates a neighborhood

electric vehicle without the equipment prescribed in this

section shall be subject to the penalties under section 6502

(relating to summary offenses).

§ 3593. Operation on certain highways or roadways.

(a) Operation on State highways.--

(1) Except as otherwise provided under paragraphs (2)

and (3), a neighborhood electric vehicle may not be operated

upon any highway or roadway under the jurisdiction of the

department with a posted speed in excess of 25 miles per

hour.

(2) The secretary may, by order, permit the use of a

neighborhood electric vehicle upon any highway or roadway

under the jurisdiction of the department where the posted

speed limit is greater than 25 miles per hour but not greater

than 35 miles per hour.

(3) The secretary may, by order, prohibit the use of a

neighborhood electric vehicle on any street under the

jurisdiction of the department where the secretary determines

that the operation of a neighborhood electric vehicle would

constitute a hazard.

(4) Any order issued by the secretary under paragraph

(2) or (3) shall be published in the Pennsylvania Bulletin.

(b) Operation on local roadways.--

(1) Except as otherwise provided under paragraph (2)

or (3), a neighborhood electric vehicle may not be operated

upon any highway or roadway under the jurisdiction of a local

authority with a posted speed limit in excess of 25 miles

per hour.

(2) Local authorities may, by ordinance or resolution,

as appropriate, in the case of any roadway under their

jurisdiction, permit the use of a neighborhood electric

vehicle where the posted speed limit is greater than 25 miles

per hour but not greater than 35 miles per hour.

(3) A local authority may, by ordinance or resolution,

as appropriate, prohibit the use of a neighborhood electric

vehicle on any roadway where the local authority determines

that the operation of a neighborhood electric vehicle would

constitute a hazard.

(1) A neighborhood electric vehicle may enter an

intersection and cross any highway or roadway under the

jurisdiction of the department where the posted speed limit

is 35 miles per hour or less, provided that, if the highway

or roadway is more than two lanes or is divided, such

crossing shall only occur at a signalized intersection.

(2) A neighborhood electric vehicle may enter an

intersection and cross any highway or roadway under the

jurisdiction of the department where the posted speed limit

is in excess of 35 miles per hour only at a signalized

intersection.

(d) Intersection with local roadways.--

(1) A neighborhood electric vehicle may enter an

intersection and cross any highway or roadway under the

jurisdiction of a local authority where the posted speed

limit is 35 miles per hour or less, provided that, if the

highway or roadway is more than two lanes or is divided,

such crossing shall only occur at signalized intersections.

(2) A neighborhood electric vehicle may enter an

intersection and cross any highway or roadway under the

jurisdiction of a local authority where the posted speed

limit is in excess of 35 miles per hour only at a signalized

intersection.

(e) Violation.--Any person operating a neighborhood electric

vehicle upon a highway or roadway or crossing a highway or

roadway in violation of this section shall be subject to the

penalties under section 6502 (relating to summary offenses).

§ 3594. Same treatment as passenger cars.

A neighborhood electric vehicle shall be considered a

passenger car for the purposes of Part II (relating to title,

registration and licensing) and section 4581 (relating to

restraint systems).

§ 3595. Seating limitation.

A neighborhood electric vehicle may not be operated at a

time in which the number of passengers exceeds the number of

available safety belts in the vehicle.

§ 3596. Waiver of liability.

(a) General rule.--A purchaser of a new neighborhood

electric vehicle in this Commonwealth shall execute a waiver

and certify that the neighborhood electric vehicle was purchased

with full knowledge of the potentially hazardous characteristics

of such vehicles as detailed by the manufacturer or the

manufacturer's agent or dealer.

(b) Manufacturer responsibility.--The waiver shall be

prepared by the manufacturer and kept in the possession of the

manufacturer and the manufacturer's agent or dealer of

neighborhood electric vehicles. An executed copy shall be

provided to the purchaser.

purchaser shall serve to eliminate any liability of the

manufacturer and the manufacturer's agent or dealer of

neighborhood electric vehicles.

CHAPTER 37

MISCELLANEOUS PROVISIONS

Subchapter

A. Offenses in General

B. Serious Traffic Offenses

C. Accidents and Accident Reports

Enactment. Chapter 37 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977.

Cross References. Chapter 37 is referred to in section 1614

of this title.

SUBCHAPTER A

OFFENSES IN GENERAL

Sec.

3701. Unattended motor vehicle.

3701.1. Leaving an unattended child in a motor vehicle.

3702. Limitations on backing.

3703. Driving upon sidewalk.

3704. Obstruction to driving view or mechanism.

3705. Opening and closing vehicle doors.

3706. Riding in house trailers, mobile homes or boats on

trailers.

3707. Driving or stopping close to fire apparatus.

3708. Unauthorized driving over fire hose.

3709. Depositing waste and other material on highway, property

or waters.

3710. Stopping at intersection or crossing to prevent

obstruction.

3711. Unauthorized persons and devices hanging on vehicles.

3712. Abandonment of vehicles.

3712.1. Restitution of property owners.

3712.2. Stripping abandoned vehicles.

3713. Railroad trains not to block crossings.

3714. Careless driving.

3715. Restriction on alcoholic beverages (Repealed).

3716. Accidents involving overturned vehicles.

3717. Trespass by motor vehicle.

3718. Minor prohibited from operating with any alcohol in

system.

3719. Passengers in open trucks.

3720. Snow and ice dislodged or falling from moving vehicle

(Repealed).

3721. Snow and ice.

3722. Off-road vehicles in urban municipalities.

3723. Theft of catalytic converter.

§ 3701. Unattended motor vehicle.

(a) General rule.--No person driving or in charge of a motor

vehicle shall permit the vehicle to stand unattended without

placing the gear shift lever in a position which under the

circumstances impedes the movement of the vehicle, stopping the

engine, locking the ignition in vehicles so equipped, removing

the key from the ignition and, when standing upon any grade,

turning the front wheels to the curb or side of the highway and

effectively setting the brake.

(b) Penalty.--Any person violating this section is guilty

of a summary offense and shall, upon conviction, be sentenced

to pay a fine of $5.

§ 3701.1. Leaving an unattended child in a motor vehicle.

(a) General rule.--A person driving or in charge of a motor

vehicle may not permit a child under six years of age to remain

unattended in the vehicle when the motor vehicle is out of the

person's sight and under circumstances which endanger the

health, safety or welfare of the child.

(a.1) Applicability.--This section shall apply to the

highways and trafficways of this Commonwealth and, for the

purposes of this section only, the term "trafficways" shall

include, but not be limited to, parking lots.

(b) Penalty.--A person who violates this section commits a

summary offense. It is a separate offense for each child left

unattended.

(July 19, 1991, P.L.88, No.20, eff. 90 days; July 2, 1993,

P.L.408, No.58, eff. 60 days; July 10, 2006, P.L.1086, No.113,

eff. 60 days)

2006 Amendment. Act 113 amended subsec. (b).

1993 Amendment. Act 58 added subsec. (a.1).

1991 Amendment. Act 20 added section 3701.1.

§ 3702. Limitations on backing.

(a) General rule.--No driver shall back a vehicle unless

the movement can be made with safety and without interfering

with other traffic and then only after yielding the right-of-way

to moving traffic and pedestrians.

(b) Limited access highways.--No driver shall back a vehicle

upon any shoulder or roadway of any limited access highway.

Cross References. Section 3702 is referred to in sections

1535, 3326 of this title.

§ 3703. Driving upon sidewalk.

(a) General rule.--Except as provided in subsection (b) or

(c), no person shall drive any vehicle except a human-powered

vehicle upon a sidewalk or sidewalk area except upon a permanent

or duly authorized temporary driveway.

(b) Certain mobility-related devices for persons with

disabilities.--Any municipality may permit the operation of a

self-propelled wheelchair or an electrical mobility device on

a sidewalk or sidewalk area for the specific purpose of giving

persons with mobility-related disabilities the capability of

transporting themselves. The municipality may impose such

restrictions as are necessary to protect the interests of

pedestrians and others using the sidewalk or sidewalk area.

(EPAMD).--Unless prohibited by ordinance, a municipality shall

permit the operation of an electric personal assistive mobility

device on a sidewalk or sidewalk area. A municipality may impose

such restrictions as may be necessary to protect the interests

of pedestrians and others using the sidewalk or sidewalk area.

(July 13, 1987, P.L.303, No.56, eff. imd.; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; July 4, 2002, P.L.692, No.105,

eff. 60 days)

§ 3704. Obstruction to driving view or mechanism.

No person shall drive a vehicle when it is so loaded, or

when there are in the front seat such a number of persons,

exceeding three, as to obstruct the view of the driver to the

front or sides of the vehicle or as to interfere with the

driver's control over the driving mechanism of the vehicle or

whenever any person in the front seat is not seated.

§ 3705. Opening and closing vehicle doors.

No person shall open any door on a motor vehicle unless and

until it is reasonably safe to do so and can be done without

interfering with the movement of other traffic, nor shall any

person leave a door open on a side of a vehicle available to

moving traffic for a period of time longer than necessary to

load or unload passengers.

§ 3706. Riding in house trailers, mobile homes or boats on

trailers.

(a) General rule.--No person or persons shall occupy a house

trailer, mobile home or boat on a trailer while it is being

moved upon a highway.

(b) Towing prohibited.--No person shall tow on a highway a

house trailer, mobile home or boat on a trailer occupied by a

passenger or passengers.

is attached to a truck in an articulating manner by means of a

fifth wheel semitrailer coupling device attached to the carrying

compartment of the truck may be occupied by a passenger or

passengers. The coupling device shall have a two-inch or larger

kingpin. All windows shall have safety glass. Some means of

electrical or electronic communications approved by the

department is required between the cab of the truck and the

semitrailer.

§ 3707. Driving or stopping close to fire apparatus.

The driver of any vehicle other than one on official business

shall not follow any fire apparatus traveling in response to a

fire alarm closer than 500 feet or stop the vehicle within 500

feet of any fire apparatus stopped in answer to a fire alarm.

Cross References. Section 3707 is referred to in section

3327 of this title.

§ 3708. Unauthorized driving over fire hose.

No vehicle shall be driven over any unprotected hose of a

fire department when laid down on any highway, private road or

driveway, for use at any fire or alarm of fire, without the

consent of a fire department officer, a police officer or other

appropriately attired person authorized to direct, control or

regulate traffic at the scene.

§ 3709. Depositing waste and other material on highway,

property or waters.

(a) General rule.--No person shall throw or deposit, upon

any highway, or upon any other public or private property

without the consent of the owner thereof or into or on the

waters of this Commonwealth from a vehicle, any waste paper,

sweepings, ashes, household waste, glass, metal, refuse or

rubbish, or any dangerous or detrimental substance.

(b) Removal of deposited material.--

(1) Any person who drops, or permits to be dropped or

thrown, upon any highway, or upon any other public or private

property without the consent of the owner thereof or into

or on any waters of this Commonwealth from a vehicle, any

waste paper, sweepings, ashes, household waste, glass, metal,

refuse or rubbish, or any dangerous or detrimental substance

shall immediately remove the same or cause it to be removed.

(2) For the purposes of this subsection a "person who

permits to be dropped or thrown" from a vehicle any of the

items described in paragraph (1) shall include the driver

of the vehicle and the registrant of any vehicle registered

in this Commonwealth from which any of the items are dropped

or thrown, either by the registrant or any person operating,

in possession of or present within the vehicle with the

permission of the registrant, regardless of the registrant's

intent or lack of knowledge with respect to the disposal of

such items in violation of this section where the registrant

of the vehicle does not, with reasonable certainty, identify

the driver of the vehicle at the time the violation occurred.

removing a wrecked, damaged or disabled vehicle from a highway

shall remove from the highway or neutralize any glass, oil or

other injurious substance resulting from the accident or

disablement.

(d) Penalty.--Any person violating any of the provisions

of subsection (a) or (b) commits a summary offense and shall,

upon conviction, be sentenced to either or both of the

following:

(1) To pay a fine of not more than:

(i) $900 for a violation which occurs in an easement

purchased under the program established by section 14.1

of the act of June 30, 1981 (P.L.128, No.43), known as

the Agricultural Area Security Law;

(ii) $600 for a violation which occurs in an

agricultural security area as defined in section 3 of

the Agricultural Area Security Law; or

(iii) $300 for a violation which occurs anywhere

else.

(2) Except where infirmity or age or other circumstance

would create a hardship, be directed by the court in which

conviction is obtained to pick up and remove litter from

public property or private property, or both, with prior

permission of the legal owner. If the person has no prior

record of convictions for violation of this section, he may

be sentenced to pick up and remove litter for not less than

eight hours nor more than 16 hours. Upon a second conviction,

the person may be sentenced to pick up and remove litter for

not less than 16 hours and not more than 32 hours. Upon third

and subsequent convictions, he may be sentenced to pick up

and remove litter for not less than 40 hours and not more

than 80 hours. The court shall schedule the time to be spent

on such activities in such a manner that it does not

interfere with the person's employment and does not interfere

substantially with the person's family responsibilities or

religious obligations.

(e) Disposition of fines, etc.--Revenue from the collection

of fines and bail forfeitures in the course of enforcement of

this section shall be distributed in the following manner:

(1) One-half shall be distributed to the agency or local

government unit which brought the action to enforce this

section and may be used to defray the expenses of enforcing

this section, at the option of the agency or local government

unit.

(2) One-half shall be allocated to the department for

Statewide public education and awareness programs to promote

litter control and recycling and awareness of the provisions

of this section.

(Mar. 27, 1986, P.L.71, No.24, eff. July 1, 1986; June 22, 2001,

P.L.411, No.33, eff. 60 days)

2001 Amendment. Act 33 amended subsec. (d) intro. par. and

(1).

1986 Amendment. Act 24 amended the section heading and

subsecs. (a), (b) and (d) and added subsec. (e).

Cross References. Section 3709 is referred to in sections

1317, 1520, 3329 of this title.

§ 3710. Stopping at intersection or crossing to prevent

obstruction.

No driver shall enter an intersection or a crosswalk or drive

onto any railroad grade crossing unless there is sufficient

space on the other side of the intersection, crosswalk or

railroad grade crossing to accommodate the vehicle operated

without obstructing the passage of other vehicles, pedestrians

or railroad trains notwithstanding any traffic-control signal

indication to proceed.

Cross References. Section 3710 is referred to in section

3327 of this title.

§ 3711. Unauthorized persons and devices hanging on vehicles.

(a) General rule.--No person shall hang onto or ride on the

outside or the rear end of any vehicle and no person on a

pedalcycle, motorcycle, roller skates, sled or any similar

device, shall hold fast to or attach the device to any moving

vehicle or streetcar, and no operator of a vehicle or streetcar

shall knowingly permit any person to hang onto or ride on the

outside or rear end of the vehicle or streetcar operated, or

allow any person on a pedalcycle, motorcycle, roller skates,

sled or any similar device to hold fast or attach the device

to the vehicle or streetcar operated on any highway.

(b) Exceptions.--This section is not applicable to firemen

or garbage collectors or operators of fire trucks or garbage

trucks or employees of public utility companies acting pursuant

to and during the course of their duties or to other persons

exempted by department regulations from the application of this

section. This section does not prohibit attaching a trailer or

semitrailer to a pedalcycle.

§ 3712. Abandonment of vehicles.

(a) Abandonment on highway.--No person shall abandon a

vehicle upon any highway.

(b) Abandonment on public or private property.--No person

shall abandon a vehicle upon any public or private property

without the express or implied consent of the owner or person

in lawful possession or control of the property.

(d) Penalties.--

(1) Any person violating subsection (a) or (b):

(i) For a first offense, commits a summary offense

and shall, upon conviction, be sentenced to pay a fine

of $500 plus all costs of disposing of the vehicle under

the provisions of Chapter 73 (relating to abandoned

vehicles and cargos).

(ii) For a second offense, commits a summary offense

and shall, upon conviction, be sentenced to pay a fine

of $1,000 plus all costs of disposing of the vehicle

under the provisions of Chapter 73.

(iii) For a third or subsequent offense, commits a

misdemeanor of the third degree and shall, upon

conviction, be sentenced to pay all costs of disposing

of the vehicle under the provisions of Chapter 73.

(2) In a case involving a violation of this section,

the municipality in which the vehicle is located may file

the complaint with the appropriate issuing authority.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

Cross References. Section 3712 is referred to in section

7305 of this title.

§ 3712.1. Restitution of property owners.

Any person who abandons a vehicle on private property may

be ordered to pay restitution for any damages sustained by the

owner or other person in control or possession of the real

property where the vehicle was abandoned.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

2002 Amendment. Act 152 added section 3712.1.

§ 3712.2. Stripping abandoned vehicles.

(a) Offense defined.--

(1) Except as provided in paragraph (2), a person

commits the offense of stripping an abandoned vehicle if the

person intentionally removes any part of an abandoned

vehicle.

(2) Paragraph (1) does not apply if the person:

(i) is the owner of the vehicle or the owner's

agent; or

(ii) is authorized to make the removal under Chapter

73 (relating to abandoned vehicles and cargos).

(b) Penalties.--Any person violating subsection (a):

(1) For a first offense, commits a misdemeanor of the

third degree.

(2) For a subsequent offense, commits a felony of the

third degree.

section, the municipality in which the vehicle is located may

file the complaint with the appropriate issuing authority.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

2002 Amendment. Act 152 added section 3712.2.

§ 3713. Railroad trains not to block crossings.

No person or government agency shall operate any train in

such a manner as to prevent vehicular use of any roadway for a

period of time in excess of five consecutive minutes except

under any of the following circumstances:

(1) When necessary to comply with signals affecting the

safety of the movement of trains.

(2) When necessary to avoid striking any object or

person on the track.

(3) When the train is disabled.

(4) When the train is in motion except while engaged

in switching operations.

(5) When there is no vehicular traffic waiting to use

the crossings.

(6) When necessary to comply with a governmental safety

regulation.

§ 3714. Careless driving.

(a) General rule.--Any person who drives a vehicle in

careless disregard for the safety of persons or property is

guilty of careless driving, a summary offense.

(b) Unintentional death.--If the person who violates this

section unintentionally causes the death of another person as

a result of the violation, the person shall, upon conviction,

be sentenced to pay a fine of $500.

section unintentionally causes the serious bodily injury of

another person as a result of the violation, the person shall,

upon conviction, be sentenced to pay a fine of $250.

(d) Definition.--(Deleted by amendment).

(May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; Dec. 8, 2004,

P.L.1791, No.237, eff. 150 days; Oct. 19, 2010, P.L.557, No.81,

eff. 60 days)

2010 Amendment . Act 81 deleted subsec. (d). The preamble

of Act 81 provided that Act 81 may be referred to as the Sgt.

Michael C. Weigand Law.

Cross References. Section 3714 is referred to in sections

1532, 1535, 3326, 3327, 3716 of this title.

§ 3715. Restriction on alcoholic beverages (Repealed).

2000 Repeal. Section 3715 was repealed June 22, 2000,

P.L.469, No.64, effective September 1, 2000.

§ 3716. Accidents involving overturned vehicles.

(a) Speeding, careless driving, etc.--If a commercial motor

vehicle overturns in an accident resulting from a violation of

section 3361 (relating to driving vehicle at safe speed), 3362

(relating to maximum speed limits), 3714 (relating to careless

driving) or 3802 (relating to driving under influence of alcohol

or controlled substance), the operator of the vehicle shall,

upon conviction of any of the aforementioned offenses, be

sentenced to pay a fine of $2,000, in addition to any other

penalty authorized by law.

(b) Equipment violations.--If a commercial motor vehicle

overturns in an accident resulting from a violation of section

4103 (relating to promulgation of vehicle equipment standards)

or 4502 (relating to general requirements for braking systems),

the owner or any responsible lessee of the vehicle shall, upon

conviction of any of the aforementioned offenses, be sentenced

to pay a fine of not less than $500 nor more than $1,500, in

addition to any other penalty authorized by law.

in an accident resulting from a violation of section 4903

(relating to securing loads in vehicles) or 6103 (relating to

promulgation of rules and regulations by department), the

responsible party shall, upon conviction of the aforementioned

offenses, be sentenced to pay a fine of not less than $500 nor

more than $1,500, in addition to any other penalty authorized

by law.

(d) Definitions.--As used in this section, the term

"commercial motor vehicle" shall have the meaning ascribed in

section 1603 (relating to definitions).

(May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; June 22, 2001,

P.L.559, No.37, eff. 60 days; Sept. 30, 2003, P.L.120, No.24,

eff. Feb. 1, 2004)

2003 Amendment. Act 24 amended subsec. (a).

1990 Amendment. Act 42 added section 3716.

§ 3717. Trespass by motor vehicle.

(a) General rule.--It is unlawful for a person to knowingly

operate a motor vehicle on private real property other than a

private road or driveway without consent of the owner or lessor

of the real property.

(b) Operation of motor vehicle on private road or driveway

prohibited.--Except when necessary as a result of emergency or

when necessary to provide the operator a means of turning his

vehicle around on portions of highways where no other means of

turning around is provided, it is unlawful, without the consent

of the owner or lessor, for a person to knowingly operate a

motor vehicle on a private road or driveway. There shall be a

rebuttable presumption that a person has knowingly violated

this subsection if the owner or lessor of the road or driveway

has placed, at or near the points of entry from public or

private vehicular access, a gate, fence or similar obstruction

or a readily visible sign that would reasonably convey that the

unauthorized operation of motor vehicles on the road or driveway

is prohibited.

prohibited.--It is unlawful for a person to knowingly or

recklessly cause damage to any real or personal property by

means of the operation of a motor vehicle on private real

property. There shall be a rebuttable presumption that a person

has knowingly or recklessly caused damage under this subsection

where digging, ground breakage or other damage to land, sod or

soil or damage to trees, growing crops, ornamental flowers or

shrubs or other similar flora affixed to the land or to

structures, fixtures or personal property affixed to or located

on the private real property has resulted from the operation

of a motor vehicle on the private real property.

(d) Travel on cultivated land prohibited.--It is unlawful

for a person to knowingly operate a motor vehicle on cultivated

agricultural land of another without the consent of the owner

or lessor. For purposes of this subsection, the term "cultivated

agricultural land" includes land which is or has been recently

groomed or prepared for the purpose of present or future

commercial or private agricultural, silvicultural, horticultural

or floricultural production, whether or not the land is

currently in seed or sustaining growing crops. There shall be

a rebuttable presumption that a person has knowingly operated

a motor vehicle on cultivated agricultural land either if there

are agricultural crops or residue from the crops visible on the

land or if the owner or lessor of the land has placed near the

roadside boundaries of the property visible signs which would

easily convey to the operator of a motor vehicle that the land

is cultivated agricultural land and that operation of a motor

vehicle on it is prohibited.

(e) Offense defined.--The following penalties shall apply:

(1) A person who violates subsection (b) commits a

summary offense and shall, upon conviction, be subject to a

fine of $100.

(2) A person who violates subsection (c) or (d) commits

a summary offense and shall, upon conviction, be subject to

the following penalties:

(i) A fine of $500 for a first conviction of the

offense.

(ii) A fine of $1,000 plus suspension of operating

privileges for a period of six months for a second or

subsequent conviction of the offense. If a person is

under 16 years of age at the time of the second or

subsequent conviction of an offense, the period of

suspension shall commence upon the person's 16th

birthday.

(3) In addition, restitution shall be made for the value

of damage to real or personal property which results from

the violation of this section.

(f) Assessment of points.--A person whose operating

privilege has been suspended pursuant to subsection (e) shall

not be subject to assessment of points otherwise applicable

under section 1545 (relating to restoration of operating

privilege) upon restoration of privileges.

(g) Additional penalties.--This section is not intended nor

shall this section be construed to preclude prosecution,

conviction or imposition of penalties pursuant to other

provisions of this title that may be applicable.

(July 1, 1990, P.L.312, No.70, eff. 60 days)

1990 Amendment. Act 70 added section 3717.

Cross References. Section 3717 is referred to in section

7724 of this title.

§ 3718. Minor prohibited from operating with any alcohol in

system.

(a) Offense defined.--Notwithstanding any other provision

of this title, a minor shall not drive, operate or be in

physical control of a motor vehicle while having any alcohol

in his system.

(b) Penalty.--A person who violates subsection (a) commits

a summary offense and shall, upon conviction, be sentenced to

pay a fine of $100.

means a person under 21 years of age.

(July 2, 1996, P.L.535, No.93, eff. 30 days; July 11, 1996,

P.L.660, No.115, eff. 30 days)

1996 Amendments. Act 93 added section 3718 and Act 115 added

section 3718. The amendments by Acts 93 and 115 are identical

and therefore have been merged.

Cross References. Section 3718 is referred to in section

1532 of this title.

§ 3719. Passengers in open trucks.

(a) General rule.--An open-bed pickup truck or open flatbed

truck may not be driven at a speed of more than 35 miles per

hour if any person is occupying the bed of the truck.

(b) Children.--

(1) Such a truck may not be driven at any speed if a

child less than 18 years of age is occupying the bed of the

truck or trailer.

(2) This subsection shall not apply to:

(i) a child of a farmer who is being transported

between parts of a farm or farms owned or operated by

the farmer in order to perform work on the farm or farms;

(ii) a child possessing a valid hunting license who

is being transported between a hunting camp and a hunting

site or between hunting sites during hunting season;

(iii) a child who is a participant in an officially

sanctioned parade, only during the course of the parade;

(iv) a child employed to perform farm labor who is

being transported between parts of a farm or farms owned

or operated by the child's employer or employers.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 added section 3719.

§ 3720. Snow and ice dislodged or falling from moving vehicle

(Repealed).

2022 Repeal. Section 3720 was repealed July 11, 2022,

P.L.1585, No.90, effective in 60 days.

§ 3721. Snow and ice.

(a) Removal of snow and ice from a motor vehicle or motor

carrier vehicle.--

(1) Except as otherwise provided in this section, a

driver of a motor vehicle or motor carrier vehicle being

operated on a highway of this Commonwealth shall make

reasonable efforts to remove accumulated ice or snow from

the motor vehicle or motor carrier vehicle, including the

hood, trunk and roof of the motor vehicle or motor carrier

vehicle, within 24 hours after the cessation of the falling

snow or ice.

(2) Paragraph (1) shall not apply if:

(i) the driver of the motor carrier vehicle, mass

transit vehicle, bus or school bus is en route to a

facility to remove accumulated ice or snow at the time

of the stop under paragraph (3); or

(ii) compliance with this section would cause the

driver of the motor carrier vehicle, mass transit

vehicle, bus or school bus to violate any other Federal

or State law or regulation regarding workplace safety

or would be a threat to the health and safety of the

driver.

(3) A driver of a motor vehicle or motor carrier vehicle

who violates this subsection may be stopped on a highway by

a police officer if the police officer believes the

accumulated ice or snow may pose a threat to persons or

property.

(4) A driver of a motor vehicle or motor carrier vehicle

who violates this subsection shall be subject to a fine of

$50 for each offense regardless of whether any snow or ice

is dislodged from the vehicle.

(b) Dislodged or fallen snow or ice.--When snow or ice is

dislodged or falls from a moving vehicle or motor carrier

vehicle and strikes another vehicle or pedestrian causing death

or serious bodily injury, the operator of the vehicle from which

the snow or ice is dislodged or falls shall be subject to a

fine of not less than $200 nor more than $1,500 for each

offense.

(July 11, 2022, P.L.1585, No.90, eff. 60 days)

2022 Amendment. Act 90 added section 3721.

§ 3722. Off-road vehicles in urban municipalities.

(a) Prohibition.--Except as provided in Subchapter C of

Chapter 77 (relating to operation), subsection (b) or otherwise

provided by this title or other law of this Commonwealth,

including local ordinances adopted by urban municipalities, no

individual may operate an all-terrain vehicle or a dirt bike

on any of the following public areas within the boundaries of

an urban municipality:

(1) A highway, including the berm or shoulder.

(2) A sidewalk.

(3) A pedalcycle lane.

(b) Exception for crossing.--Subsection (a) shall not apply

to the operation of a dirt bike while making a direct crossing

of a highway in compliance with all of the following

requirements:

(1) The crossing is made at an angle of approximately

90 degrees to the direction of the highway and at a place

where no obstruction prevents a quick and safe crossing.

(2) The dirt bike is brought to a complete stop before

crossing the shoulder or main-traveled way of the highway.

(3) The individual yields the right-of-way to all

oncoming traffic which constitutes an immediate hazard.

(4) In crossing a divided highway, the crossing is made

only at an intersection of the highway with another highway.

individual who violates subsection (a) commits a summary offense

and shall, upon conviction:

(1) For a first offense, be sentenced to pay a fine of

not less than $50 nor more than $200 and costs of prosecution

and, in default of the payment of the fine or costs, be

imprisoned for not more than 10 days.

(2) For a subsequent offense, be sentenced to pay a

fine of not less than $100 nor more than $300 and costs of

prosecution and, in default of the payment of the fine or

costs, be imprisoned for not more than 30 days.

(d) Prohibition on similar citations.--No person may be

charged with a violation of Subchapter C of Chapter 77

concurrently with a violation of subsection (a) for an offense

committed at the same time and place.

(e) Forfeiture.--

(1) In addition to the penalty provided under subsection

dirt bike operated in violation of subsection (a) shall be

subject to forfeiture in accordance with 42 Pa.C.S. §§ 5803

(relating to asset forfeiture), 5805 (relating to forfeiture

procedure), 5806 (relating to motion for return of property),

5807 (relating to restrictions on use), 5807.1 (relating to

prohibition on adoptive seizures) and 5808 (relating to

exceptions).

(2) Forfeiture as authorized under paragraph (1) may

not occur unless the individual is convicted of a violation

of subsection (a).

(3) A police officer may impound an all-terrain vehicle

or dirt bike operated in violation of subsection (a) pending

final disposition of the case or a court order.

(f) Construction.--Nothing contained in this section shall

be construed to allow the operation of an all-terrain vehicle

or dirt bike outside of the boundaries of an urban municipality

in a manner that is inconsistent with this title or other law

of this Commonwealth.

(g) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"All-terrain vehicle." As defined in section 7702 (relating

to definitions).

"Dirt bike." A two-wheeled motor vehicle that has a seat

or saddle, is designed and manufactured exclusively for off-road

use and does not comply with Federal Motor Vehicle Safety

Standards or Environmental Protection Agency on-road emissions

standards. The term does not include:

(1) A vehicle that is or is required to be registered

under Chapter 13 (relating to registration of vehicles).

(2) A dual sport motorcycle.

(3) An electric pedalcycle.

"Dual sport motorcycle." A motorcycle that is designed and

manufactured to be ridden on and off road and is titled and

registered with the department for on-road use.

"Electric pedalcycle." A vehicle that:

(1) weighs not more than 100 pounds with two wheels

more than 11 inches in diameter;

(2) is manufactured or assembled with an electric motor

system rated at not more than 750 watts and that ceases to

provide assistance when the vehicle reaches speeds of 28

miles per hour; and

(3) is equipped with operable pedals and a seat or

saddle for the rider.

"Urban municipality." A city of the first class, second

class, second class A or third class.

(July 11, 2022, P.L.1596, No.92, eff. 60 days)

2022 Amendment. Act 92 added section 3722.

Cross References. Section 3722 is referred to in section

5803 of Title 42 (Judiciary and Judicial Procedure).

§ 3723. Theft of catalytic converter.

(a) Offense defined.--A person commits the offense of theft

of a catalytic converter if the person unlawfully takes or

attempts to take possession of, carries away or exercises

unlawful control over a catalytic converter with intent to

deprive the rightful owner of the catalytic converter.

(b) Grading.--Except as provided under subsection (c):

(1) An offense under this section constitutes a

misdemeanor of the third degree if the value of the catalytic

converter unlawfully obtained is less than $50.

(2) An offense under this section constitutes a

misdemeanor of the second degree if the value of the

catalytic converter unlawfully obtained is $50 or more but

less than $200.

(3) An offense under this section constitutes a

misdemeanor of the first degree if the value of the catalytic

converter unlawfully obtained is $200 or more but less than

$1,000.

(4) An offense under this section constitutes a felony

of the third degree if the value of the catalytic converter

unlawfully obtained is $1,000 or more.

section constitutes a felony of the third degree if the offense

is a third or subsequent offense, regardless of the value of

the catalytic converter. For purposes of this subsection, a

first and second offense include a conviction, acceptance of

or other form of preliminary disposition before the sentencing

on the present violation for an offense under this section.

(Nov. 3, 2022, P.L.1946, No.130, eff. 60 days)

2022 Amendment. Act 130 added section 3723.

SUBCHAPTER B

SERIOUS TRAFFIC OFFENSES

Sec.

3731. Driving under influence of alcohol or controlled

substance (Repealed).

3731.1. Operators of commercial vehicles (Repealed).

3732. Homicide by vehicle.

3732.1. Aggravated assault by vehicle.

3733. Fleeing or attempting to elude police officer.

3734. Driving without lights to avoid identification or arrest.

3735. Homicide by vehicle while driving under influence.

3735.1. Aggravated assault by vehicle while driving under the

influence.

3736. Reckless driving.

Cross References. Subchapter B is referred to in sections

1542, 1553, 1604, 3101, 3104 of this title.

§ 3731. Driving under influence of alcohol or controlled

substance (Repealed).

2003 Repeal. Section 3731 was repealed September 30, 2003,

P.L.120, No.24, effective February 1, 2004. The subject matter

is now contained in section 3802 of this title. Section 21(2)

of Act 24 provided that the repeal of section 3731 shall not

affect offenses committed prior to February 1, 2004, or civil

and administrative penalties imposed as a result of those

offenses.

§ 3731.1. Operators of commercial vehicles (Repealed).

1990 Repeal. Section 3731.1 was repealed May 30, 1990,

P.L.173, No.42, effective November 1, 1990.

§ 3732. Homicide by vehicle.

(a) Offense.--Any person who recklessly or with gross

negligence causes the death of another person while engaged in

the violation of any law of this Commonwealth or municipal

ordinance applying to the operation or use of a vehicle or to

the regulation of traffic except section 3802 (relating to

driving under influence of alcohol or controlled substance) is

guilty of homicide by vehicle, a felony of the third degree,

when the violation is the cause of death.

(b) Sentencing.--

(1) In addition to any other penalty provided by law,

a person convicted of a violation of subsection (a) may be

sentenced to an additional term not to exceed five years'

confinement if at trial the prosecution proves beyond a

reasonable doubt that the offense occurred in an active work

zone.

(1.1) In addition to any other penalty provided by law,

a person convicted of a violation of subsection (a) who is

also convicted of a violation of section 1501 (relating to

drivers required to be licensed), 1543 (relating to driving

while operating privilege is suspended or revoked), 3316

(relating to prohibiting text-based communications), 3316.1

(relating to prohibiting use of interactive mobile device),

3325 (relating to duty of driver on approach of emergency

vehicle) or 3327 (relating to duty of driver in emergency

response areas and in relation to disabled vehicles) may be

sentenced to an additional term not to exceed five years'

confinement.

(2) The prosecution must indicate intent to proceed

under this section in the indictment or information which

commences the prosecution.

(3) The Pennsylvania Commission on Sentencing, pursuant

to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for

sentencing), shall provide for a sentencing enhancement for

an offense under this section when the violation occurred

in an active work zone or the individual was also convicted

of a violation of section 1501, 1543, 3316, 3316.1, 3325 or

3327.

(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Dec. 20, 2000,

P.L.772, No.108, eff. 60 days; Dec. 23, 2002, P.L.1982, No.229,

eff. 6 months; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1,

2004; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Nov. 4, 2016,

P.L.1277, No.165, eff. 60 days; Oct. 24, 2018, P.L.925, No.153,

eff. 60 days; Oct. 29, 2020, P.L.1057, No.105, eff. 180 days;

June 5, 2024, P.L.366, No.18, eff.12 mos)

2024 Amendment. Act 18 subsec. (b)(1.1) and (3). The

preamble of Act 18 provided that Act 18 may be referred to as

Paul Miller's Law.

2020 Amendment. Section 2 of Act 105 provided that Act 105

may be referred to as the Move Over Law.

2018 Amendment. Act 153 amended subsec. (b).

2010 Amendment. The preamble of Act 81 provided that Act

81 may be referred to as the Sgt. Michael C. Weigand Law.

2003 Amendment. Act 24 amended subsec. (a).

Cross References. Section 3732 is referred to in sections

1532, 1541, 1553, 1554, 1556, 1611, 8510.1 of this title;

section 3103 of Title 23 (Domestic Relations); sections 5551,

5750, 67A01 of Title 42 (Judiciary and Judicial Procedure).

§ 3732.1. Aggravated assault by vehicle.

(a) Offense.--Any person who recklessly or with gross

negligence causes serious bodily injury to another person while

engaged in the violation of any law of this Commonwealth or

municipal ordinance applying to the operation or use of a

vehicle or to the regulation of traffic, except section 3802

(relating to driving under influence of alcohol or controlled

substance), is guilty of aggravated assault by vehicle, a felony

of the third degree when the violation is the cause of the

injury.

(b) Sentencing.--

(1) In addition to any other penalty provided by law,

a person convicted of a violation of subsection (a) may be

sentenced to an additional term not to exceed two years'

confinement if at trial the prosecution proves beyond a

reasonable doubt that the offense occurred in an active work

zone.

(2) In addition to any other penalty provided by law,

a person convicted of a violation of subsection (a) who is

also convicted of a violation of section 1501 (relating to

drivers required to be licensed), 1543 (relating to driving

while operating privilege is suspended or revoked), 3316

(relating to prohibiting text-based communications), 3316.1

(relating to prohibiting use of interactive mobile device),

3325 (relating to duty of driver on approach of emergency

vehicle) or 3327 (relating to duty of driver in emergency

response areas and in relation to disabled vehicles) may be

sentenced to an additional term not to exceed two years'

confinement.

(3) The prosecution must indicate intent to proceed

under this section in the indictment or information which

commences the prosecution.

(4) The Pennsylvania Commission on Sentencing, under

42 Pa.C.S. § 2154 (relating to adoption of guidelines for

sentencing), shall provide for a sentencing enhancement for

an offense under this section when the violation occurred

in an active work zone or the individual was also convicted

of a violation of section 1501, 1543, 3316, 3316.1, 3325 or

3327.

(Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Nov. 4, 2016,

P.L.1277, No.165, eff. 60 days; Oct. 24, 2018, P.L.925, No.153,

eff. 60 days; Oct. 29, 2020, P.L.1057, No.105, eff. 180 days;

June 5, 2024, P.L.366, No.18, eff. 12 mos.)

2024 Amendment. Act 18 amended subsec. (b)(2) and (4). The

preamble of Act 18 provided that Act 18 may be referred to as

Paul Miller's Law.

2020 Amendment. Section 2 of Act 105 provided that Act 105

may be referred to as the Move Over Law.

2018 Amendment. Act 153 amended subsec. (b).

2010 Amendment. Act 81 added section 3732.1. The preamble

of Act 81 provided that Act 81 may be referred to as the Sgt.

Michael C. Weigand Law.

Cross References. Section 3732.1 is referred to in section

8510.1 of this title.

§ 3733. Fleeing or attempting to elude police officer.

(a) Offense defined.--Any driver of a motor vehicle who

willfully fails or refuses to bring his vehicle to a stop, or

who otherwise flees or attempts to elude a pursuing police

officer, when given a visual and audible signal to bring the

vehicle to a stop, commits an offense as graded in subsection

(a.2).

(a.1) Disposition of fines, etc.--The fines imposed and

collected under subsection (a) shall not be subject to 42

Pa.C.S. § 3733 (relating to deposits into account). The fines

imposed and collected under subsection (a) shall be distributed

in the manner provided in 42 Pa.C.S. § 3571(b)(2) and (3)

(relating to Commonwealth portion of fines, etc.).

(a.2) Grading.--

(1) Except as provided in paragraph (2), an offense

under subsection (a) constitutes a misdemeanor of the second

degree. Any driver upon conviction shall pay an additional

fine of $500. This fine shall be in addition to and not in

lieu of all other fines, court expenses, jail sentences or

penalties.

(2) An offense under subsection (a) constitutes a felony

of the third degree if the driver while fleeing or attempting

to elude a police officer does any of the following:

(i) commits a violation of section 3802 (relating

to driving under influence of alcohol or controlled

substance);

(ii) crosses a State line; or

(iii) endangers a law enforcement officer or member

of the general public due to the driver engaging in a

high-speed chase.

(b) Signal by police officer.--The signal given by the

police officer may be by hand, voice, emergency lights or siren.

(1) It is a defense to a prosecution under this section

that the pursuing police officer's vehicle was not clearly

identifiable by its markings or, if unmarked, was not

occupied by a police officer who was in uniform and

displaying a badge or other sign of authority.

(2) It is a defense to prosecution under this section

if the defendant can show by a preponderance of the evidence

that the failure to stop immediately for a police officer's

vehicle was based upon a good faith concern for personal

safety. In determining whether the defendant has met this

burden, the court may consider the following factors:

(i) The time and location of the event.

(ii) The type of police vehicle used by the police

officer.

(iii) The defendant's conduct while being followed

by the police officer.

(iv) Whether the defendant stopped at the first

available reasonably lighted or populated area.

(v) Any other factor considered relevant by the

court.

(Dec. 27, 1994, P.L.1337, No.154, eff. 180 days; June 26, 2001,

P.L.734, No.75, eff. 60 days; July 10, 2006, P.L.1086, No.113,

eff. 60 days)

2006 Amendment. Act 113 amended subsec. (a) and added

subsec. (a.2). Act 113 overlooked the amendment by Act 75 of

2001, but the amendments do not conflict in substance and have

both been given effect in setting forth the text of subsec.

(a).

2001 Amendment. Act 75 amended subsecs. (a) and (c).

1994 Amendment. See section 5 of Act 154 in the appendix

to this title for special provisions relating to appropriation

of fines.

Cross References. Section 3733 is referred to in sections

1508, 1532 of this title; section 5104.3 of Title 18 (Crimes

and Offenses).

§ 3734. Driving without lights to avoid identification or

arrest.

Any person who drives without lights or turns off any or all

the lights on a motor vehicle for the purpose of avoiding

identification or arrest is guilty of a summary offense and

shall, upon conviction, be sentenced to pay a fine of $200.

Cross References. Section 3734 is referred to in sections

1532, 6503 of this title.

§ 3735. Homicide by vehicle while driving under influence.

(a) Offense defined.--

(1) A person who unintentionally causes the death of

another person as the result of a violation of section 3802

(relating to driving under influence of alcohol or controlled

substance) and who is convicted of violating section 3802:

(i) is guilty of a felony of the second degree; or

(ii) is guilty of a felony of the first degree if,

before sentencing on the present violation, the person

has incurred a conviction, adjudication of delinquency,

juvenile consent decree, acceptance of Accelerated

Rehabilitative Disposition or other form of preliminary

disposition for any of the following:

(A) An offense under section 3802.

(B) An offense under former section 3731

(relating to driving under influence of alcohol or

controlled substance).

this subchapter.

(D) An offense substantially similar to an

offense under clause (A), (B) or (C) in another

jurisdiction.

(E) Any combination of the offenses under clause

(A), (B), (C) or (D).

(2) The sentencing court shall order a person convicted

under paragraph (1)(i) to serve a minimum term of

imprisonment of not less than three years. A consecutive

three-year term of imprisonment shall be imposed for each

victim whose death is the result of a violation of section

3802.

(3) The sentencing court shall order a person convicted

under paragraph (1)(ii) to serve a minimum term of

imprisonment of:

(i) Not less than five years if, before sentencing

on the present violation, the person has one prior

conviction, adjudication of delinquency, juvenile consent

decree, acceptance of Accelerated Rehabilitative

Disposition or other form of preliminary disposition for

any of the offenses listed under paragraph (1)(ii)(A),

(B), (C), (D) or (E). A consecutive five-year term of

imprisonment shall be imposed for each victim whose death

is the result of a violation of section 3802.

(ii) Not less than seven years if, before sentencing

on the present violation, the person has incurred at

least two prior convictions, adjudications of

delinquency, juvenile consent decrees, acceptances of

Accelerated Rehabilitative Disposition or other forms

of preliminary disposition for any of the offenses listed

under paragraph (1)(ii)(A), (B), (C), (D) or (E). A

consecutive seven-year term of imprisonment shall be

imposed for each victim whose death is the result of a

violation of section 3802.

(b) Applicability of sentencing guidelines.--The sentencing

guidelines promulgated by the Pennsylvania Commission on

Sentencing shall not supersede the mandatory penalty of this

section.

(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Feb. 23, 1996,

P.L.21, No.8, eff. 60 days; July 11, 1996, P.L.660, No.115,

eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days;

Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Oct. 24,

2018, P.L.925, No.153, eff. 60 days)

2018 Amendment. Act 153 amended subsec. (a).

1996 Amendments. Act 115 overlooked the amendment by Act

8, but the amendments do not conflict in substance and have

both been given effect in setting forth the text of section

3735.

Cross References. Section 3735 is referred to in sections

1532, 1541, 1553, 1554, 1556, 1575, 3803 of this title; section

8137 of Title 35 (Health and Safety); sections 1725.3, 1725.5,

5750, 67A01 of Title 42 (Judiciary and Judicial Procedure).

§ 3735.1. Aggravated assault by vehicle while driving under

the influence.

(a) Offense defined.--Any person who negligently causes

serious bodily injury to another person as the result of a

violation of section 3802 (relating to driving under influence

of alcohol or controlled substance) and who is convicted of

violating section 3802 commits a felony of the second degree

when the violation is the cause of the injury.

(a.1) Sentencing.--In addition to any other penalty provided

by law, a person convicted of a violation of subsection (a) and

a violation of section 1501 (relating to drivers required to

be licensed) or 1543 (relating to driving while operating

privilege is suspended or revoked) when committed at the same

time and place may be sentenced to an additional term not to

exceed two years' confinement.

(b) Definition.--(Deleted by amendment).

(Feb. 23, 1996, P.L.21, No.8, eff. 60 days; Sept. 30, 2003,

P.L.120, No.24, eff. Feb. 1, 2004; Oct. 19, 2010, P.L.557,

No.81, eff. 60 days; Oct. 24, 2018, P.L.925, No.153, eff. 60

days)

2018 Amendment. Act 153 added subsec. (a.1).

2010 Amendment. Act 81 deleted subsec. (b). The preamble

of Act 81 provided that Act 81 may be referred to as the Sgt.

Michael C. Weigand Law.

2003 Amendment. Act 24 amended subsec. (a).

1996 Amendment. Act 8 added section 3735.1.

Cross References. Section 3735.1 is referred to in sections

1532, 1541, 1554 of this title; section 8137 of Title 35 (Health

and Safety); sections 1725.3, 5750, 67A01 of Title 42 (Judiciary

and Judicial Procedure).

§ 3736. Reckless driving.

(a) General rule.--Any person who drives any vehicle in

willful or wanton disregard for the safety of persons or

property is guilty of reckless driving.

(b) Penalty.--Any person who violates this section commits

a summary offense and shall, upon conviction, be sentenced to

pay a fine of $200.

(May 30, 1990, P.L.173, No.42, eff. Apr. 1, 1992)

1990 Amendment. Act 42 added section 3736.

Cross References. Section 3736 is referred to in sections

1532, 3326, 3327 of this title.

SUBCHAPTER C

ACCIDENTS AND ACCIDENT REPORTS

Sec.

3741. Application of subchapter.

3742. Accidents involving death or personal injury.

3742.1. Accidents involving death or personal injury while not

properly licensed.

3743. Accidents involving damage to attended vehicle or

property.

3743.1. Spilled cargo.

3744. Duty to give information and render aid.

3745. Accidents involving damage to unattended vehicle or

property.

3745.1. Accident scene clearance.

3746. Immediate notice of accident to police department.

3747. Written report of accident by driver or owner.

3748. False reports.

3749. Reports by coroners and medical examiners.

3750. Reports by garages.

3751. Reports by police.

3752. Accident report forms.

3753. Department to compile, tabulate and analyze accident

reports.

3754. Accident prevention investigations.

3755. Reports by emergency room personnel.

3756. Post-accident testing.

3757. Compensation for incident removal costs.

Cross References. Subchapter C is referred to in section

1553 of this title.

§ 3741. Application of subchapter.

The provisions of this subchapter shall apply upon highways

and trafficways throughout this Commonwealth.

§ 3742. Accidents involving death or personal injury.

(a) General rule.--The driver of any vehicle involved in

an accident resulting in injury or death of any person shall

immediately stop the vehicle at the scene of the accident or

as close thereto as possible but shall then forthwith return

to and in every event shall remain at the scene of the accident

until he has fulfilled the requirements of section 3744

(relating to duty to give information and render aid). Every

stop shall be made without obstructing traffic more than is

necessary.

(a.1) Highly automated vehicles.--If a vehicle under

subsection (a) is a highly automated vehicle operating with an

ADS engaged or without a highly automated vehicle driver on

board, the requirements of this section are satisfied if the

highly automated vehicle stops at the scene of an accident or

as close thereto as is safely possible and remains at the scene

until the requirements of section 3744 have been fulfilled.

(b) Penalties.--

(1) Except as otherwise provided in this section, any

person violating this section commits a misdemeanor of the

first degree.

(2) If the victim suffers serious bodily injury, any

person violating subsection (a) commits a felony of the third

degree, and the sentencing court shall order the person to

serve a minimum term of imprisonment of not less than 90

days and a mandatory minimum fine of $1,000, notwithstanding

any other provision of law.

(3) (i) If the victim dies, any person violating

subsection (a) commits a felony of the second degree,

and the sentencing court shall order the person to serve

a minimum term of imprisonment of not less than three

years and a mandatory minimum fine of $2,500,

notwithstanding any other provision of law.

(ii) In addition to the minimum term of imprisonment

provided for in subparagraph (i), the Pennsylvania

Commission on Sentencing shall provide within its

guidelines a sentencing enhancement if the victim dies

as the result of a violation of subsection (a). The

provisions of this subparagraph shall not be an element

of the crime, and notice of the provisions of this

subparagraph shall not be required prior to conviction,

but reasonable notice of the Commonwealth's intention

to proceed under this subparagraph shall be provided

after conviction and before sentencing.

authority in any court to impose on an offender to which this

section is applicable any lesser sentence than provided for in

subsection (b)(2) or (3) or to place such offender on probation

or to suspend sentence. Sentencing guidelines promulgated by

the Pennsylvania Commission on Sentencing shall not supersede

the mandatory sentences provided in this section.

(d) Definitions.--(Deleted by amendment).

(Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; Apr. 4, 1996,

P.L.53, No.18, eff. 60 days; Oct. 19, 2010, P.L.557, No.81,

eff. 60 days; July 5, 2012, P.L.914, No.93, eff. 60 days; June

30, 2014, P.L.814, No.85, eff. 60 days; Nov. 3, 2022, P.L.1946,

No.130, eff. 240 days)

2022 Amendment. Act 130 added subsec. (a.1).

2014 Amendment. Act 85 amended subsec. (b).

2010 Amendment. Act 81 deleted subsec. (d). The preamble

of Act 81 provided that Act 81 may be referred to as the Sgt.

Michael C. Weigand Law.

1996 Amendment. Act 18 amended subsecs. (b), (c) and (d).

Cross References. Section 3742 is referred to in sections

1532, 1541, 1542, 1611, 3744, 3745.1 of this title; section

3103 of Title 23 (Domestic Relations); sections 5551, 67A01 of

Title 42 (Judiciary and Judicial Procedure).

§ 3742.1. Accidents involving death or personal injury while

not properly licensed.

(a) Offense defined.--A person whose operating privilege

was disqualified, canceled, recalled, revoked or suspended and

not restored or who does not hold a valid driver's license and

applicable endorsements for the type and class of vehicle being

operated commits an offense under this section if the person

was the driver of any vehicle and:

(1) caused an accident resulting in injury or death of

a person; or

(2) acted with negligence that contributed to causing

the accident resulting in injury or death of a person.

(b) Penalties.--

(1) Except as otherwise provided in this section, any

person violating subsection (a)(1) commits a misdemeanor of

the second degree.

(2) If the victim suffers serious bodily injury or

death, any person violating subsection (a)(1) commits a

felony of the third degree.

(2.1) A person violating subsection (a)(2) resulting

in the serious bodily injury of a person commits a

misdemeanor of the third degree.

(2.2) A person violating subsection (a)(2) resulting

in the death of a person commits a misdemeanor of the second

degree.

(3) Any motor vehicle, as defined in section 102

(relating to definitions), used in the commission of an

offense under this section may be deemed contraband and

forfeited in accordance with the provisions set forth in 18

Pa.C.S. § 6501(d) (relating to scattering rubbish).

(Feb. 23, 1996, P.L.21, No.8, eff. 60 days; July 11, 1996,

P.L.660, No.115, eff. imd.; Dec. 21, 1998, P.L.1126, No.151,

eff. 60 days; Nov. 30, 2004, P.L.1667, No.211, eff. 60 days;

Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Oct. 24, 2018,

P.L.925, No.153, eff. 60 days)

2010 Amendment. The preamble of Act 81 provided that Act

81 may be referred to as the Sgt. Michael C. Weigand Law.

Cross References. Section 3742.1 is referred to in sections

1532, 1542, 1554, 1606 of this title.

§ 3743. Accidents involving damage to attended vehicle or

property.

(a) General rule.--The driver of any vehicle involved in

an accident resulting only in damage to a vehicle or other

property which is driven or attended by any person shall

immediately stop the vehicle at the scene of the accident or

as close thereto as possible but shall forthwith return to and

in every event shall remain at the scene of the accident until

he has fulfilled the requirements of section 3744 (relating to

duty to give information and render aid). Every stop shall be

made without obstructing traffic more than is necessary.

(a.1) Highly automated vehicles.--

(1) If a vehicle under subsection (a) is a highly

automated vehicle operating with an ADS engaged or without

a highly automated vehicle driver on board, the requirements

of this section are satisfied if the highly automated vehicle

stops at the scene of the accident or as close thereto as

is safely possible and the certificate holder for the highly

automated vehicle or a person on behalf of the certificate

holder for the highly automated vehicle or the highly

automated vehicle immediately contacts a duly authorized

police department to report the accident.

(2) The highly automated vehicle shall remain at the

scene of the accident or as close thereto as is safely

possible until the requirements of section 3744 are

fulfilled.

(b) Penalty.--Any person violating this section commits a

misdemeanor of the third degree, punishable by a fine of $2,500

or imprisonment for not more than one year, or both.

(July 6, 1995, P.L.288, No.42, eff. 60 days; Nov. 3, 2022,

P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added subsec. (a.1).

1995 Amendment. Act 42 amended subsec. (b).

Cross References. Section 3743 is referred to in sections

1532, 1542, 1611, 1786, 3745.1 of this title.

§ 3743.1. Spilled cargo.

(a) General rule.--Immediately following an accident, a

police officer may remove or direct removal of spilled cargo

from any roadway to the nearest point off the roadway where the

spilled cargo will not interfere with or obstruct traffic.

(b) Storage of cargo.--When, in the opinion of a police

officer, it is necessary to protect the contents, load or

spilled cargo of a wrecked vehicle from the elements, spoilage

or theft, the police officer may remove or direct the removal

of the contents or load or spilled cargo and have the same

stored, at the expense of the owner, at the nearest practical

place of storage.

provisions of this section, no liability shall attach to the

police officer or, absent a showing of gross negligence, to any

person acting under the direction of the police officer for

damage to or loss of any portion of the contents or load or

spilled cargo.

(Dec. 8, 2004, P.L.1791, No.237, eff. 150 days)

2004 Amendment. Act 237 added section 3743.1.

§ 3744. Duty to give information and render aid.

(a) General rule.--The driver of any vehicle involved in

an accident resulting in injury to or death of any person or

damage to any vehicle or other property which is driven or

attended by any person shall give his name, address and the

registration number of the vehicle he is driving, and shall

upon request exhibit his driver's license and information

relating to financial responsibility to any person injured in

the accident or to the driver or occupant of or person attending

any vehicle or other property damaged in the accident and shall

give the information and upon request exhibit the license and

information relating to financial responsibility to any police

officer at the scene of the accident or who is investigating

the accident and shall render to any person injured in the

accident reasonable assistance, including the making of

arrangements for the carrying of the injured person to a

physician, surgeon or hospital for medical or surgical treatment

if it is apparent that treatment is necessary or if requested

by the injured person.

(a.1) Highly automated vehicles.--

(1) If a vehicle under subsection (a) is a highly

automated vehicle operating with an ADS engaged or without

a highly automated vehicle driver on board, the requirements

of this section are satisfied if the certificate holder for

the highly automated vehicle, a person on behalf of the

certificate holder for the highly automated vehicle or the

highly automated vehicle immediately contacts a duly

authorized police department to report the accident and

communicates the registration and financial responsibility

information for the highly automated vehicle to the police

department.

(2) The highly automated vehicle shall remain at the

scene of the accident or as close thereto as is safely

possible until the requirements of this section are

fulfilled.

(b) Report of accident to police.--In the event that none

of the persons specified are in condition to receive the

information to which they otherwise would be entitled under

subsection (a) and no police officer is present, the driver of

any vehicle involved in the accident after fulfilling all other

requirements of section 3742 (relating to accidents involving

death or personal injury) and subsection (a), insofar as

possible on his part to be performed, shall forthwith report

the accident to the nearest office of a duly authorized police

department and submit to the police department the information

specified in subsection (a).

driver of a vehicle is physically unable to give the information

or assistance required in this section and there are other

occupants in the vehicle at the time of the accident who are

physically able to give the information or assistance required

in this section, each of the other occupants shall fully reveal

the identity of himself and the identity of the driver of the

vehicle and of the owner of the vehicle of which they are

occupants and shall otherwise perform the duties of the driver

as set forth in subsection (a).

(Feb. 12, 1984, P.L.26, No.11, eff. Oct. 1, 1984; Nov. 3, 2022,

P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added subsec. (a.1).

1984 Amendment. Act 11 amended subsec. (a).

Cross References. Section 3744 is referred to in sections

3742, 3743, 3745, 3745.1 of this title.

§ 3745. Accidents involving damage to unattended vehicle or

property.

(a) General rule.--The driver of any vehicle which collides

with or is involved in an accident with any vehicle or other

property which is unattended resulting in any damage to the

other vehicle or property shall immediately stop the vehicle

at the scene of the accident or as close thereto as possible

and shall then and there either locate and notify the operator

or owner of the damaged vehicle or other property of his name,

address, information relating to financial responsibility and

the registration number of the vehicle being driven or shall

attach securely in a conspicuous place in or on the damaged

vehicle or other property a written notice giving his name,

address, information relating to financial responsibility and

the registration number of the vehicle being driven and shall

without unnecessary delay notify the nearest office of a duly

authorized police department. Every stop shall be made without

obstructing traffic more than is necessary.

(a.1) Highly automated vehicles.--

(1) If a vehicle under subsection (a) is a highly

automated vehicle operating with an ADS engaged or without

a highly automated vehicle driver on board, the requirements

of this section are satisfied if the highly automated vehicle

immediately stops at the scene of the accident or as close

thereto as is safely possible and the certificate holder for

the highly automated vehicle, a person on behalf of the

certificate holder for the highly automated vehicle or the

highly automated vehicle immediately contacts a duly

authorized police department to report the accident and

communicates the registration and financial responsibility

information for the highly automated vehicle to the police

department.

(2) The highly automated vehicle shall remain at the

scene of the accident or as close thereto as is safely

possible until the requirements of section 3744 (relating

to duty to give information and render aid) are fulfilled.

(b) Penalty.--A violation of this section is a summary

offense, punishable by a fine of $300 or imprisonment for not

more than 90 days, or both.

(Feb. 12, 1984, P.L.26, No.11, eff. Oct. 1, 1984; July 10, 1984,

P.L.679, No.146, eff. 60 days; July 6, 1995, P.L.288, No.42,

eff. 60 days; Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added subsec. (a.1).

1995 Amendment. Act 42 amended subsec. (b).

Cross References. Section 3745 is referred to in sections

1535, 1611, 3745.1, 6506 of this title.

§ 3745.1. Accident scene clearance.

(a) General rule.--Notwithstanding any other provision of

law to the contrary, the driver of any vehicle in an accident

that does not result in apparent serious bodily injury or death

shall immediately remove the vehicle from the roadway to a safe

refuge on the shoulder, emergency lane or median or to a place

otherwise removed from the roadway whenever, in the judgment

of the driver:

(1) The motor vehicle does not require towing and can

be normally and safely driven under its own power in its

customary manner without further damage or hazard to the

motor vehicle, traffic elements or the roadway.

(2) The motor vehicle can be moved safely.

(b) Driver request.--The driver of a motor vehicle involved

in a traffic accident may request any individual who possesses

a valid driver's license to remove the vehicle from the roadway

in order to comply with this section. Such individual is not

required to comply with the request and shall not be subject

to any liability, either civil or criminal, for refusing the

request.

remove or direct removal of a wrecked vehicle if the owner or

operator cannot remove the wrecked vehicle or refuses or fails

to have the vehicle removed as required under this section. In

carrying out the provisions of this subsection, no liability

shall attach to the police officer or, absent a showing of gross

negligence, to any person acting under the direction of the

police officer for damage to any vehicle or damage to or loss

of any portion of the contents of the vehicle.

(d) No liability.--The driver or any other person who has

removed a vehicle from the roadway as provided in this section

before the arrival of a law enforcement officer shall not be

considered liable or at fault regarding the cause of the

accident solely by reason of moving the vehicle pursuant to

this section.

(e) Other driver duties.--Compliance with this section shall

not affect a driver's duty to comply with section 3742 (relating

to accidents involving death or personal injury), 3743 (relating

to accidents involving damage to attended vehicle or property),

3744 (relating to duty to give information and render aid),

3745 (relating to accidents involving damage to unattended

vehicle or property), 3746 (relating to immediate notice of

accident to police department) or 3747 (relating to written

report of accident by driver or owner).

(f) Other police duties.--This section shall not relieve

any law enforcement officer of an investigating police

department, including the Pennsylvania State Police, from

complying with section 3746 or 3751 (relating to reports by

police).

(f.1) Violation of title or local ordinance.--An owner or

operator of a tow truck that recovers or removes a wrecked or

disabled vehicle from the roadway to the nearest safe refuge

on the shoulder, emergency lane or median at the direction of

a police officer, while the police officer is engaged in the

performance of the police officer's official duties, shall not

be convicted of a violation of the provisions of section 3308

(relating to one-way roadways and rotary traffic islands),

Subchapter E of Chapter 33 (relating to stopping, standing and

parking), Chapter 49 (relating to size, weight and load) or a

similar ordinance of a local authority for an action performed

by the owner or operator of the tow truck during the recovery

or removal of the wrecked or disabled vehicle if the action was

performed at the specific direction of the police officer while

the police officer is engaged in the performance of the police

officer's official duties. This section does not relieve the

owner or operator of a tow truck from the duty to drive with

due regard for the safety of all persons.

(g) Penalty.--Any person violating this section commits a

summary offense and shall, upon conviction, be sentenced to pay

a fine of not more than $50.

(Dec. 8, 2004, P.L.1791, No.237, eff. 150 days; Oct. 19, 2010,

P.L.557, No.81, eff. 60 days; July 8, 2024, P.L.526, No.46,

eff. 60 days)

2024 Amendment. Act 46 added subsec. (f.1).

2010 Amendment. Act 81 amended subsec. (a). The preamble

of Act 81 provided that Act 81 may be referred to as the Sgt.

Michael C. Weigand Law.

2004 Amendment. Act 237 added section 3745.1.

§ 3746. Immediate notice of accident to police department.

(a) General rule.--The driver of a vehicle involved in an

accident shall immediately by the quickest means of

communication give notice to the nearest office of a duly

authorized police department if the accident involves:

(1) injury to or death of any person; or

(2) damage to any vehicle involved to the extent that

it cannot be driven under its own power in its customary

manner without further damage or hazard to the vehicle, other

traffic elements, or the roadway, and therefore requires

towing.

(a.1) Highly automated vehicles.--If a vehicle under

subsection (a) is a highly automated vehicle operating with an

ADS engaged or without a highly automated vehicle driver on

board, the requirements of this section are satisfied if the

certificate holder for the highly automated vehicle, a person

on behalf of the certificate holder for the highly automated

vehicle or the highly automated vehicle immediately contacts a

duly authorized police department to report the accident.

(b) Duty of occupant if driver disabled.--Whenever the

driver of a vehicle is physically incapable of giving an

immediate notice of an accident as required in subsection (a)

and there is another occupant in the vehicle at the time of the

accident capable of doing so, the occupant shall make or cause

to be given the notice not given by the driver.

reported to a police department required in this section shall

be investigated by a police officer who shall provide each

driver a signed statement that the accident was reported.

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added subsec. (a.1).

Cross References. Section 3746 is referred to in sections

1503, 1785, 3745.1, 3747, 8510.3 of this title.

§ 3747. Written report of accident by driver or owner.

(a) General rule.--If a police officer does not investigate

an accident required to be investigated by section 3746

(relating to immediate notice of accident to police department),

the driver of a vehicle which is in any manner involved in the

accident shall, within five days of the accident, forward a

written report of the accident to the department.

(b) Supplemental reports.--The department may require any

driver of a vehicle involved in an accident of which written

report must be made as provided in this section to file

supplemental written reports whenever the original report is

insufficient in the opinion of the department.

report is not required under this subchapter from any person

who is physically incapable of making a report during the period

of incapacity.

(d) Duty of owner if driver disabled.--Whenever the driver

is physically incapable of making a written report of an

accident as required in this section and the driver is not the

owner of the vehicle, then the owner of the vehicle involved

in the accident shall, within five days after the accident,

make the report not made by the driver.

(e) Confidentiality of reports.--All written reports

required in this section to be forwarded to the department by

drivers or owners of vehicles involved in accidents shall be

without prejudice to the individual so reporting and shall be

for the confidential use of the department or any other

governmental agency or their representatives having use for the

records for accident prevention purposes, except that the

department shall disclose the identity of a person involved in

an accident when the identity is not otherwise known or when

the person denies his presence at the accident and shall

disclose whether any person or vehicle was covered by a vehicle

insurance policy and the name of the insurer.

(f) Use of reports as evidence.--No accident reports

forwarded under the provisions of this section shall be used

as evidence in any trial, civil or criminal, arising out of an

accident except that the department shall furnish upon demand

of any party to the trial, or upon demand of any court, a

certificate showing that a specified accident report has or has

not been made to the department in compliance with the law and,

if the report has been made, the date, time and location of the

accident, the names and addresses of the drivers and the owners

of the vehicles involved. The reports may be used as evidence

when necessary to prosecute charges filed in connection with a

violation of section 3748 (relating to false reports).

(g) Compliance with other laws required.--This section does

not affect the duty of filing accident reports required by any

other statute or regulations made thereunder.

Cross References. Section 3747 is referred to in section

3745.1 of this title.

§ 3748. False reports.

Any person who gives information in oral or written reports

required by this subchapter knowing or having reason to believe

that the information is false is guilty of a summary offense

and shall, upon conviction, be sentenced to pay a fine of $200.

Cross References. Section 3748 is referred to in sections

3747, 6503 of this title.

§ 3749. Reports by coroners and medical examiners.

(a) General rule.--Every coroner or medical examiner in

this Commonwealth shall report in writing to the department

within five days of certification the death of any person

resulting from a vehicle accident, giving the time and place

of accident and the circumstances relating thereto. These

reports shall be made on forms prepared by the department. Every

coroner or medical examiner shall retain a copy of the reports

in his office for a period of two years.

(b) Blood and urine samples.--The coroners or medical

examiners of each county in this Commonwealth shall take blood

or urine samples or both from the bodies of all drivers and of

all pedestrians over 15 years of age who die within four hours

following an accident and shall, within ten days of the

accident, transmit the samples to the Governor's Council on

Drug and Alcohol Abuse. This subsection shall be applicable to

all occupants over 15 years of age if the driver of the vehicle

cannot be determined.

on Drug and Alcohol Abuse shall establish and promulgate rules

and regulations for the testing of the blood and urine samples

authorized to be taken from dead bodies under this section.

Governor's Council on Drug and Alcohol Abuse. The Governor's

Council on Drug and Alcohol Abuse is now known as the

Pennsylvania Advisory Council on Drug and Alcohol Abuse and is

designated as the advisory council to the Department of Health

for drug and alcohol programs. See section 3 of the act of April

14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug and

Alcohol Abuse Control Act.

§ 3750. Reports by garages.

The person in charge of any garage or repair shop to which

is brought a vehicle which shows evidence of having been struck

by any bullet shall report to the nearest office of a duly

authorized police department within 24 hours after the vehicle

is received by the garage or repair shop, giving the year, make

and model name of the vehicle, the vehicle identification

number, the registration plate number and address of the owner

or driver of the vehicle.

§ 3751. Reports by police.

(a) General rule.--Every police department that investigates

a vehicle accident for which a report must be made as required

in this subchapter and prepares a written report as a result

of an investigation either at the time and at the scene of the

accident or thereafter by interviewing the participants or

witnesses shall, within 15 days of the accident, forward an

initial written report of the accident to the department. If

the initial report is not complete, a supplemental report shall

be submitted at a later date.

(b) Furnishing copies of report.--

(1) Police departments shall, upon request, furnish a

certified copy of the full report of the police investigation

of any vehicle accident to any person involved in the

accident, his attorney or insurer, and to the Federal

Government, branches of the military service, Commonwealth

agencies, and to officials of political subdivisions and to

agencies of other states and nations and their political

subdivisions.

(2) Except as provided in paragraph (3), the cost of

furnishing a copy of a report under this subsection shall

not exceed $15.

(3) In a city of the first class, the cost of furnishing

a copy of a report under this subsection shall not exceed

$25.

(4) The copy of the report shall not be admissible as

evidence in any action for damages or criminal proceedings

arising out of a motor vehicle accident.

(5) Police departments may refuse to furnish the

complete copy of investigation of the vehicle accident

whenever there are criminal charges pending against any

persons involved in the vehicle accident unless the

Pennsylvania Rules of Criminal Procedure require the

production of the documents.

(June 11, 1992, P.L.266, No.47, eff. 60 days; May 20, 1993,

P.L.30, No.10, eff. 60 days; Nov. 30, 2004, P.L.1667, No.211,

eff. 60 days)

2004 Amendment. Act 211 amended subsec. (b).

1993 Amendment. Act 10 overlooked the amendment to subsec.

(a) by Act 47 of 1992, but the amendments do not conflict in

substance and have both been given effect in setting forth the

text of subsec. (a).

Cross References. Section 3751 is referred to in sections

1535, 3745.1 of this title; section 1392 of Title 53

(Municipalities Generally).

§ 3752. Accident report forms.

(a) Form and content.--The department shall prepare and

upon request supply to all law enforcement agencies and other

appropriate agencies or individuals, forms for written accident

reports as required in this subchapter suitable with respect

to the persons required to make the reports and the purposes

to be served. The written report forms shall call for

sufficiently detailed information to disclose with reference

to a vehicle accident the cause, conditions then existing and

the persons and vehicles involved, including separate

information or data on autocycles. Reports for use by the

drivers and owners shall also provide for information relating

to financial responsibility.

(b) Use.--Every accident report required to be made in

writing shall be made on the appropriate form approved by the

department and shall contain all the information required

therein unless not available.

(May 25, 2016, P.L.248, No.34, eff. Jan. 1, 2018)

2016 Amendment. Act 34 amended subsec. (a).

§ 3753. Department to compile, tabulate and analyze accident

reports.

(a) Central accident records agency.--The department shall

establish a central accident records agency which shall be the

repository for all reportable traffic accidents as defined in

this subchapter. The agency will have primary responsibility

for the administration and supervision of storing, processing

and providing the informational needs to all official agencies

having responsibility in the highway transportation system.

Accident reports submitted to the department under this

subchapter shall be considered as records of the department,

and the department may use any of the methods of storage

permitted under the provisions of 42 Pa.C.S. § 6109 (relating

to photographic copies of business and public records) and may

reproduce such documents in accordance with the provisions of

42 Pa.C.S. § 6103 (relating to proof of official records). Such

reports shall be admissible into evidence to support the

department's case in an appeal of a department action that a

licensee or registrant has taken under section 1377 (relating

to judicial review) or 1550 (relating to judicial review), and

the certification shall constitute prima facie proof of the

facts and information contained in the accident report.

(b) Central accident analysis system.--The department shall

provide accident data for analysis in selecting crash prevention

programs and in evaluating the effectiveness of those programs

implemented. The system shall provide an annual report to the

General Assembly assessing traffic safety in Pennsylvania,

including, but not limited to, an analysis of accident

characteristics and mitigation strategies to reduce the

potential for future accidents. In addition, the system shall

be capable of providing:

(1) An annual statistical summary of motor vehicle

accidents including multidimensional distribution for such

factors as type, time and location of accident, road and

weather conditions, type of traffic control, and condition

and actions of operators and type and condition of the

vehicles.

(2) Accident frequency histories for special highway

locations.

(3) Comparative site-specific and route-specific

accident data, including, but not limited to, accident rates,

capsule summary listings, engineering extracts, location

priority reports, cluster reports and maps depicting accident

rates or frequencies for use in conducting in-depth accident

investigations or safety studies.

(4) Evaluation of speed, driving under the influence,

safety belts and other safety provisions of this title to

aid the department and the General Assembly in determining

when changes are desirable.

(5) Statistical analyses of the relationship between

driver characteristics and behavior and accident involvement.

These analyses shall include frequency and severity of

crashes by drivers grouped by major violation category and

frequency.

(6) An evaluation of legal or departmental actions as

related to driver improvement and accident reduction.

(7) When information or data relating to motorcycles

appears or is used in the system, the information and data

shall be separated from information or data relating to other

types of motorcycles.

(b.1) Certain reports.--The department shall biannually

compile and make available to the public information submitted

on an accident report concerning junior drivers with multiple

passengers under 18 years of age and the use of seat belts by

drivers and passengers under 18 years of age in motor vehicles

involved in traffic accidents. The report shall note the number

of passengers under 18 years of age if the driver involved in

the accident was a junior driver and whether drivers and

passengers under 18 years of age utilized a safety belt system.

The data shall be included in a report submitted to the

Transportation Committee of the Senate and the Transportation

Committee of the House of Representatives.

such other statistics for such purposes as it might deem helpful

in advancing highway safety.

(Dec. 28, 1994, P.L.1450, No.172, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. imd.; Oct. 25, 2011, P.L.334, No.81,

eff. 60 days; May 25, 2016, P.L.248, No.34, eff. Jan. 1, 2018)

2016 Amendment. Act 34 added subsec. (b)(7).

2011 Amendment. Act 81 added subsec. (b.1).

1998 Amendment. Act 151 amended the section heading and

subsec. (a).

1994 Amendment. Act 172 amended subsec. (b).

§ 3754. Accident prevention investigations.

(a) General rule.--The department, in association with the

Pennsylvania State Police, may conduct in-depth accident

investigations and safety studies of the human, vehicle and

environmental aspects of traffic accidents for the purpose of

determining the causes of traffic accidents and the improvements

which may help prevent similar types of accidents or increase

the overall safety of roadways and bridges.

(b) Confidentiality of reports.--In-depth accident

investigations and safety studies and information, records and

reports used in their preparation shall not be discoverable nor

admissible as evidence in any legal action or other proceeding,

nor shall officers or employees or the agencies charged with

the development, procurement or custody of in-depth accident

investigations and safety study records and reports be required

to give depositions or evidence pertaining to anything contained

in such in-depth accident investigations or safety study records

or reports in any legal action or other proceeding.

(Dec. 11, 1986, P.L.1530, No.166, eff. 60 days)

§ 3755. Reports by emergency room personnel.

(a) General rule.--If, as a result of a motor vehicle

accident, the person who drove, operated or was in actual

physical control of the movement of any involved motor vehicle

requires medical treatment in an emergency room of a hospital

and if probable cause exists to believe a violation of section

3802 (relating to driving under influence of alcohol or

controlled substance) was involved, the emergency room physician

or his designee shall promptly take blood samples from those

persons and transmit them within 24 hours for testing to the

Department of Health or a clinical laboratory licensed and

approved by the Department of Health and specifically designated

for this purpose. This section shall be applicable to all

injured occupants who were capable of motor vehicle operation

if the operator or person in actual physical control of the

movement of the motor vehicle cannot be determined. Test results

shall be released upon request of the person tested, his

attorney, his physician or governmental officials or agencies.

(b) Immunity from civil or criminal liability.--No

physician, nurse or technician or hospital employing such

physician, nurse or technician and no other employer of such

physician, nurse or technician shall be civilly or criminally

liable for withdrawing blood or obtaining a urine sample and

reporting test results to the police pursuant to this section

or for performing any other duty imposed by this section. No

physician, nurse or technician or hospital employing such

physician, nurse or technician may administratively refuse to

perform such tests and provide the results to the police officer

except as may be reasonably expected from unusual circumstances

that pertain at the time of admission.

(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Feb. 12, 1984,

P.L.53, No.12, eff. 60 days; Sept. 30, 2003, P.L.120, No.24,

eff. Feb. 1, 2004)

2003 Amendment. Act 24 amended subsec. (a).

1984 Amendment. Act 12 amended subsec. (b).

1982 Amendment. Act 289 added section 3755.

§ 3756. Post-accident testing.

The department shall promulgate regulations consistent with

49 CFR 382.303 (relating to post-accident testing).

(a) Testing requirement.--(Deleted by amendment).

(b) Penalty.--(Deleted by amendment).

(Dec. 23, 2002, P.L.1982, No.229, eff. 60 days; Oct. 24, 2018,

P.L.925, No.153, eff. imd.)

§ 3757. Compensation for incident removal costs.

(a) General rule.--Notwithstanding any other law or

regulation, any entity incurring the cost of removing a vehicle

or cargo at an accident scene if the removal is authorized by

a police officer shall have the unqualified right to

compensation for the cost of removal and cargo storage and

cleanup from the owner of:

(1) A vehicle removed.

(2) A vehicle, the cargo of which was removed in whole

or in part.

(3) The cargo removed.

(b) Right to information.--A towing company that removes a

vehicle or cargo under subsection (a) shall have the unqualified

right to any information relevant to vehicle ownership and

information affecting compensation, including, but not limited

to, insurance information.

(Dec. 8, 2004, P.L.1791, No.237, eff. 150 days)

2004 Amendment. Act 237 added section 3757.

CHAPTER 38

DRIVING AFTER IMBIBING ALCOHOL OR UTILIZING DRUGS

Sec.

3801. Definitions.

3802. Driving under influence of alcohol or controlled

substance.

3803. Grading.

3804. Penalties.

3805. Ignition interlock.

3806. Prior offenses.

3807. Accelerated Rehabilitative Disposition.

3808. Illegally operating a motor vehicle not equipped with

ignition interlock.

3809. Restriction on alcoholic beverages.

3810. Authorized use not a defense.

3811. Certain arrests authorized.

3812. Preliminary hearing or arraignment.

3813. Work release.

3814. Drug and alcohol assessments.

3815. Mandatory sentencing.

3816. Requirements for driving under influence offenders.

3817. Reporting requirements for offenses.

Enactment. Chapter 38 was added September 30, 2003, P.L.120,

No.24, effective February 1, 2004.

Special Provisions in Appendix. See sections 19, 20 and 21

of Act 24 of 2003 in the appendix to this title for special

provisions relating to initial contracts by department, duties

of department and applicability.

Cross References. Chapter 38 is referred to in sections

1542, 1545, 1552, 1553, 3101 of this title; section 5329 of

Title 23 (Domestic Relations); sections 67A01, 9763 of Title

42 (Judiciary and Judicial Procedure).

§ 3801. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

"Adult." An individual who is at least 21 years of age.

"Ignition interlock system." A system approved by the

department which prevents a vehicle from being started or

operated unless the operator first provides a breath sample

indicating that the operator has an alcohol level less than

0.025%.

"Minor." An individual who is under 21 years of age.

Cross References. Section 3801 is referred to in section

1556 of this title.

§ 3802. Driving under influence of alcohol or controlled

substance.

(a) General impairment.--

(1) An individual may not drive, operate or be in actual

physical control of the movement of a vehicle after imbibing

a sufficient amount of alcohol such that the individual is

rendered incapable of safely driving, operating or being in

actual physical control of the movement of the vehicle.

(2) An individual may not drive, operate or be in actual

physical control of the movement of a vehicle after imbibing

a sufficient amount of alcohol such that the alcohol

concentration in the individual's blood or breath is at least

0.08% but less than 0.10% within two hours after the

individual has driven, operated or been in actual physical

control of the movement of the vehicle.

(b) High rate of alcohol.--An individual may not drive,

operate or be in actual physical control of the movement of a

vehicle after imbibing a sufficient amount of alcohol such that

the alcohol concentration in the individual's blood or breath

is at least 0.10% but less than 0.16% within two hours after

the individual has driven, operated or been in actual physical

control of the movement of the vehicle.

operate or be in actual physical control of the movement of a

vehicle after imbibing a sufficient amount of alcohol such that

the alcohol concentration in the individual's blood or breath

is 0.16% or higher within two hours after the individual has

driven, operated or been in actual physical control of the

movement of the vehicle.

(d) Controlled substances.--An individual may not drive,

operate or be in actual physical control of the movement of a

vehicle under any of the following circumstances:

(1) There is in the individual's blood any amount of

(i) Schedule I controlled substance, as defined in

the act of April 14, 1972 (P.L.233, No.64), known as The

Controlled Substance, Drug, Device and Cosmetic Act;

(ii) Schedule II or Schedule III controlled

substance, as defined in The Controlled Substance, Drug,

Device and Cosmetic Act, which has not been medically

prescribed for the individual; or

(iii) metabolite of a substance under subparagraph

(i) or (ii).

(2) The individual is under the influence of a drug or

combination of drugs to a degree which impairs the

individual's ability to safely drive, operate or be in actual

physical control of the movement of the vehicle.

(3) The individual is under the combined influence of

alcohol and a drug or combination of drugs to a degree which

impairs the individual's ability to safely drive, operate

or be in actual physical control of the movement of the

vehicle.

(4) The individual is under the influence of a solvent

or noxious substance in violation of 18 Pa.C.S. § 7303

(relating to sale or illegal use of certain solvents and

noxious substances).

(e) Minors.--A minor may not drive, operate or be in actual

physical control of the movement of a vehicle after imbibing a

sufficient amount of alcohol such that the alcohol concentration

in the minor's blood or breath is 0.02% or higher within two

hours after the minor has driven, operated or been in actual

physical control of the movement of the vehicle.

(f) Commercial or school vehicles.--An individual may not

drive, operate or be in actual physical control of the movement

of a commercial vehicle, school bus or school vehicle in any

of the following circumstances:

(1) After the individual has imbibed a sufficient amount

of alcohol such that the alcohol concentration in the

individual's blood or breath is:

(i) 0.04% or greater within two hours after the

individual has driven, operated or been in actual

physical control of the movement of a commercial vehicle

other than a school bus or a school vehicle.

(ii) 0.02% or greater within two hours after the

individual has driven, operated or been in actual

physical control of the movement of a school bus or a

school vehicle.

(2) After the individual has imbibed a sufficient amount

of alcohol such that the individual is rendered incapable

of safely driving, operating or being in actual physical

control of the movement of the vehicle.

(3) While the individual is under the influence of a

controlled substance or combination of controlled substances,

as defined in section 1603 (relating to definitions).

(4) While the individual is under the combined influence

of alcohol and a controlled substance or combination of

controlled substances, as defined in section 1603.

(g) Exception to two-hour rule.--Notwithstanding the

provisions of subsection (a), (b), (c), (e) or (f), where

alcohol or controlled substance concentration in an individual's

blood or breath is an element of the offense, evidence of such

alcohol or controlled substance concentration more than two

hours after the individual has driven, operated or been in

actual physical control of the movement of the vehicle is

sufficient to establish that element of the offense under the

following circumstances:

(1) where the Commonwealth shows good cause explaining

why the chemical test sample could not be obtained within

two hours; and

(2) where the Commonwealth establishes that the

individual did not imbibe any alcohol or utilize a controlled

substance between the time the individual was arrested and

the time the sample was obtained.

(May 11, 2006, P.L.155, No.36, eff. imd.)

2006 Amendment. Act 36 amended subsec. (g)(1). See the

preamble to Act 36 in the appendix to this title for special

provisions relating to legislative intent.

Cross References. Section 3802 is referred to in sections

102, 1534, 1539, 1541, 1543, 1547, 1552, 1553, 1554, 1556, 1575,

1586, 1611, 3326, 3327, 3716, 3732, 3732.1, 3733, 3735, 3735.1,

3755, 3803, 3804, 3805, 3806, 3807, 3811, 3812, 3814, 3815,

3816, 3817, 6506 of this title; section 14301 of Title 16

(Counties); sections 6105, 7508.1 of Title 18 (Crimes and

Offenses); section 5502 of Title 30 (Fish); section 8137 of

Title 35 (Health and Safety); sections 933, 1515, 1725.3,

1725.5, 3571, 3573 of Title 42 (Judiciary and Judicial

Procedure); section 1604 of Title 75 (Vehicles).

§ 3803. Grading.

(a) Basic offenses.--Except as provided in subsection (b):

(1) An individual who violates section 3802(a) (relating

to driving under influence of alcohol or controlled

substance) and has no more than one prior offense commits a

misdemeanor for which the individual may be sentenced to a

term of imprisonment of not more than six months and to pay

a fine under section 3804 (relating to penalties).

(2) An individual who violates section 3802(a) and has

two prior offenses commits a misdemeanor of the second

degree.

(3) An individual who violates section 3802 and has

three or more prior offenses or has previously been convicted

of a violation of section 3735 (relating to homicide by

vehicle while driving under influence) commits a felony of

the third degree.

(b) Other offenses.--

(1) An individual who violates section 3802(a)(1) where

there was an accident resulting in bodily injury, serious

bodily injury or death of any person or in damage to a

vehicle or other property, or who violates section 3802(b),

(e) or (f) and who has one prior offense commits a

misdemeanor for which the individual may be sentenced to a

term of imprisonment of not more than six months and to pay

a fine under section 3804.

(2) An individual who violates section 3802(a)(1) where

the individual refused testing of breath or chemical testing

pursuant to a valid search warrant, court order or any other

basis permissible by the Constitution of the United States

and the Constitution of Pennsylvania, or who violates section

3802(c) or (d) and who has no prior offenses commits a

misdemeanor for which the individual may be sentenced to a

term of imprisonment of not more than six months and to pay

a fine under section 3804.

(3) An individual who violates section 3802(a)(1) where

there was an accident resulting in bodily injury, serious

bodily injury or death of any person or in damage to a

vehicle or other property, or who violates section 3802(b),

(e) or (f) and who has two prior offenses commits a

misdemeanor of the first degree.

(4) An individual who violates section 3802(a)(1) where

the individual refused testing of breath or chemical testing

pursuant to a valid search warrant, court order or any other

basis permissible by the Constitution of the United States

and the Constitution of Pennsylvania, or who violates section

3802(c) or (d) and who has one prior offense commits a

misdemeanor of the first degree.

(4.1) An individual who violates section 3802(a)(1)

where the individual refused testing of breath or chemical

testing pursuant to a valid search warrant, court order or

any other basis permissible by the Constitution of the United

States and the Constitution of Pennsylvania, or who violates

section 3802(c) or (d), commits:

(i) A felony of the third degree if the individual

has two prior offenses.

(ii) A felony of the second degree if the individual

has three or more prior offenses.

(5) An individual who violates section 3802 where a

minor under 18 years of age was an occupant in the vehicle

when the violation occurred commits:

(i) A misdemeanor of the first degree if the

individual has no more than one prior offense.

(ii) A felony of the third degree if the individual

has two or more prior offenses.

(Nov. 29, 2004, P.L.1369, No.177, eff. imd.; May 8, 2012,

P.L.255, No.39, eff. 60 days; Oct. 27, 2014, P.L.2905, No.189,

eff. imd.; Oct. 24, 2018, P.L.925, No.153, eff. 60 days; July

11, 2022, P.L.717, No.59, eff. 120 days)

2022 Amendment. Act 59 amended subsec. (b)(4.1). The

preamble of Act 59 provided that Act 59 may be referred to as

Deana's Law.

Cross References. Section 3803 is referred to in sections

3804, 3806, 3815 of this title.

§ 3804. Penalties.

(a) General impairment.--Except as set forth in subsection

(b) or (c), an individual who violates section 3802(a) (relating

to driving under influence of alcohol or controlled substance)

shall be sentenced as follows:

(1) For a first offense, to:

(i) undergo a mandatory minimum term of six months'

probation;

(ii) pay a fine of $300;

(iii) attend an alcohol highway safety school

approved by the department; and

(iv) comply with all drug and alcohol treatment

requirements imposed under sections 3814 (relating to

drug and alcohol assessments) and 3815 (relating to

mandatory sentencing).

(2) For a second offense, to:

(i) undergo imprisonment for not less than five

days;

(ii) pay a fine of not less than $300 nor more than

$2,500;

(iii) attend an alcohol highway safety school

approved by the department; and

(iv) comply with all drug and alcohol treatment

requirements imposed under sections 3814 and 3815.

(3) For a third or subsequent offense, to:

(i) undergo imprisonment of not less than ten days;

(ii) pay a fine of not less than $500 nor more than

$5,000; and

(iii) comply with all drug and alcohol treatment

requirements imposed under sections 3814 and 3815.

(b) High rate of blood alcohol; minors; commercial vehicles

and school buses and school vehicles; accidents.--Except as set

forth in subsection (c), an individual who violates section

3802(a)(1) where there was an accident resulting in bodily

injury, serious bodily injury or death of any person or damage

to a vehicle or other property or who violates section 3802(b),

(e) or (f) shall be sentenced as follows:

(1) For a first offense, to:

(i) undergo imprisonment of not less than 48

consecutive hours;

(ii) pay a fine of not less than $500 nor more than

$5,000;

(iii) attend an alcohol highway safety school

approved by the department; and

(iv) comply with all drug and alcohol treatment

requirements imposed under sections 3814 and 3815.

(2) For a second offense, to:

(i) undergo imprisonment of not less than 30 days;

(ii) pay a fine of not less than $750 nor more than

$5,000;

(iii) attend an alcohol highway safety school

approved by the department; and

(iv) comply with all drug and alcohol treatment

requirements imposed under sections 3814 and 3815.

(3) For a third offense, to:

(i) undergo imprisonment of not less than 90 days;

(ii) pay a fine of not less than $1,500 nor more

than $10,000; and

(iii) comply with all drug and alcohol treatment

requirements imposed under sections 3814 and 3815.

(4) For a fourth or subsequent offense, to:

(i) undergo imprisonment of not less than one year;

(ii) pay a fine of not less than $1,500 nor more

than $10,000; and

(iii) comply with all drug and alcohol treatment

requirements imposed under sections 3814 and 3815.

substances.--An individual who violates section 3802(a)(1) and

refused testing of breath under section 1547 (relating to

chemical testing to determine amount of alcohol or controlled

substance) or testing of blood pursuant to a valid search

warrant or an individual who violates section 3802(c) or (d)

shall be sentenced as follows:

(1) For a first offense, to:

(i) undergo imprisonment of not less than 72

consecutive hours;

(ii) pay a fine of not less than $1,000 nor more

than $5,000;

(iii) attend an alcohol highway safety school

approved by the department; and

(iv) comply with all drug and alcohol treatment

requirements imposed under sections 3814 and 3815.

(2) For a second offense, to:

(i) undergo imprisonment of not less than 90 days;

(ii) pay a fine of not less than $1,500;

(iii) attend an alcohol highway safety school

approved by the department; and

(iv) comply with all drug and alcohol treatment

requirements imposed under sections 3814 and 3815.

(3) For a third or subsequent offense, to:

(i) undergo imprisonment of not less than one year;

(ii) pay a fine of not less than $2,500; and

(iii) comply with all drug and alcohol treatment

requirements imposed under sections 3814 and 3815.

(c.1) Violation involving minor occupant.--An individual

who violates section 3803(b)(5) (relating to grading), in

addition to any penalty imposed in this chapter, shall be

sentenced as follows:

(1) For a first offense, to:

(i) pay a fine of not less than $1,000; and

(ii) complete 100 hours of community service.

(2) For a second offense, to:

(i) pay a fine of not less than $2,500; and

(ii) undergo imprisonment of not less than one month

nor more than six months.

(3) For a third or subsequent offense, undergo

imprisonment of not less than six months nor more than two

years.

(c.2) Consecutive sentence.--A sentence imposed upon an

individual under this section who has two or more prior offenses

shall be served consecutively to any other sentence the

individual is serving and to any other sentence being then

imposed by the court, except for those with which the offense

must merge as a matter of law.

(c.3) Sentencing enhancement.--The Pennsylvania Commission

on Sentencing, under 42 Pa.C.S. § 2154 (relating to adoption

of guidelines for sentencing), shall provide for a sentencing

enhancement for a violation of section 3802(a)(1) where the

individual refused testing of breath or chemical testing

pursuant to a valid search warrant, court order or any other

basis permissible by the Constitution of the United States and

the Constitution of Pennsylvania or for a violation of section

3802(c) or (d) and where the individual has four or more prior

offenses.

(d) Extended supervision of court.--If a person is sentenced

pursuant to this chapter and, after the initial assessment

required by section 3814(1), the person is determined to be in

need of additional treatment pursuant to section 3814(2), the

judge shall impose a minimum sentence as provided by law and a

maximum sentence equal to the statutorily available maximum. A

sentence to the statutorily available maximum imposed pursuant

to this subsection may, in the discretion of the sentencing

court, be ordered to be served in a county prison,

notwithstanding the provisions of 42 Pa.C.S. § 9762 (relating

to sentencing proceeding; place of confinement).

(e) Suspension of operating privileges upon conviction.--

(1) The department shall suspend the operating privilege

of an individual under paragraph (2) upon receiving a

certified record of the individual's conviction of or an

adjudication of delinquency for:

(i) an offense under section 3802; or

(ii) an offense which is substantially similar to

an offense enumerated in section 3802 reported to the

department under Article III of the compact in section

1581 (relating to Driver's License Compact).

(2) Suspension under paragraph (1) shall be in

accordance with the following:

(i) Except as provided for in subparagraph (iii),

12 months for an ungraded misdemeanor or misdemeanor of

the second degree under this chapter.

(ii) 18 months for a misdemeanor of the first degree

or felony of the second or third degree under this

chapter.

(iii) There shall be no suspension for an ungraded

misdemeanor under section 3802(a) where the person is

subject to the penalties provided in subsection (a) and

the person has no prior offense.

(iv) For suspensions imposed under paragraph

(1)(ii), notwithstanding any provision of law or

enforcement agreement to the contrary, all of the

following apply:

(A) Suspensions shall be in accordance with

Subchapter D of Chapter 15 (relating to the Driver's

License Compact).

(B) In calculating the term of a suspension for

an offense that is substantially similar to an

offense enumerated in section 3802, the department

shall presume that if the conduct reported had

occurred in this Commonwealth then the person would

have been convicted under section 3802(a)(2).

(v) Notwithstanding any other provision of law or

enforcement agreement to the contrary, the department

shall suspend the operating privilege of a driver for

six months upon receiving a certified record of a consent

decree granted under 42 Pa.C.S. Ch. 63 (relating to

juvenile matters) based on section 3802.

(f) Community service assignments.--In addition to the

penalties set forth in this section, the sentencing judge may

impose up to 150 hours of community service. Where the

individual has been ordered to drug and alcohol treatment

pursuant to sections 3814 and 3815, the community service shall

be certified by the drug and alcohol treatment program as

consistent with any drug and alcohol treatment requirements

imposed under sections 3814 and 3815.

(f.1) Victim impact panels.--

(1) In addition to any other penalty imposed under this

section, the court may order a person who violates section

3802 to attend a victim impact panel program.

(2) A victim impact panel program shall provide a

nonconfrontational forum for driving under the influence

crash victims, their family members, their friends or other

pertinent persons to speak to driving under the influence

offenders about the impact of the crash on victims' lives

and on the lives of families, friends and neighbors.

(3) A victim impact panel shall be administrated through

the local office of probation and parole or other office as

the court shall determine and shall be operated in

consultation with the Mothers Against Drunk Driving -

Pennsylvania State Organization.

(4) A victim impact panel program may assess a

reasonable participation fee to achieve program

self-sufficiency but may not operate for profit. The

department shall establish an acceptable range of fees.

(5) The department shall develop standards and

incentives to encourage counties to establish victim impact

panel programs. In developing these standards, the department

shall establish and chair a coordinating committee among

pertinent agencies and organizations, including the

Department of Health, the Pennsylvania Commission on Crime

and Delinquency, the Office of Victim Advocate, the

Administrative Office of Pennsylvania Courts, county

officials, the Mothers Against Drunk Driving - Pennsylvania

State Organization and the Pennsylvania DUI Association. The

standards shall address items including all of the following:

(i) Prototype design and structure standards for

victim impact panels.

(ii) Training standards and curricula for

presenters, facilitators and administrators.

(iii) Operations policy and guidelines manual.

(iv) Evaluation standards, design and structure

allowing for the tracking and analysis of recidivism

data.

(v) Standards for counseling and debriefing

activities for victim presenters.

(vi) Standards for reimbursing reasonable costs to

victims for participation in panels.

(vii) Assistance to counties through coordinating

potential Federal and State funding streams to carry out

this subsection and to assist counties as may be needed.

(g) Sentencing guidelines.--The sentencing guidelines

promulgated by the Pennsylvania Commission on Sentencing shall

not supersede the mandatory penalties of this section.

(h) Appeal.--The Commonwealth has the right to appeal

directly to the Superior Court any order of court which imposes

a sentence for violation of this section which does not meet

the requirements of this section. The Superior Court shall

remand the case to the sentencing court for imposition of a

sentence in accordance with the provisions of this section.

(i) First class cities.--Notwithstanding the provision for

direct appeal to the Superior Court, if, in a city of the first

class, a person appeals from a judgment of sentence under this

section from the municipal court to the common pleas court for

a trial de novo, the Commonwealth shall have the right to appeal

directly to the Superior Court from the order of the common

pleas court if the sentence imposed is in violation of this

section. If, in a city of the first class, a person appeals to

the court of common pleas after conviction of a violation of

this section in the municipal court and thereafter withdraws

his appeal to the common pleas court, thereby reinstating the

judgment of sentence of the municipal court, the Commonwealth

shall have 30 days from the date of the withdrawal to appeal

to the Superior Court if the sentence is in violation of this

section.

(j) Additional conditions.--In addition to any other penalty

imposed under law, the court may sentence a person who violates

section 3802 to any other requirement or condition consistent

with the treatment needs of the person, the restoration of the

victim to preoffense status or the protection of the public.

(k) Nonapplicability.--Except for subsection (e), this

section shall not apply to dispositions resulting from

proceedings under 42 Pa.C.S. Ch. 63.

(Nov. 29, 2004, P.L.1369, No.177, eff. imd.; May 11, 2006,

P.L.155, No.36, eff. imd.; May 8, 2012, P.L.255, No.39, eff.

60 days; July 20, 2017, P.L.333, No.30, eff. imd.; Oct. 24,

2018, P.L.925, No.153, eff. 60 days; July 11, 2022, P.L.717,

No.59, eff. 120 days)

2022 Amendment. Act 59 amended subsec. (e)(2)(ii) and added

subsecs. (c.2) and (c.3). The preamble of Act 59 provided that

Act 59 may be referred to as Deana's Law.

2017 Amendment. Act 30 amended subsec. (c).

2012 Amendment. Act 39 amended subsec. (k) and added subsec.

(c.1).

2006 Amendment. Act 36 added subsec. (f.1). See the preamble

to Act 36 in the appendix to this title for special provisions

relating to legislative intent.

2004 Amendment. Act 177 amended subsecs. (a), (b) and (c)

and added subsec. (k).

Cross References. Section 3804 is referred to in sections

1547, 1556, 1575, 3803, 3805, 3806, 3815, 3816 of this title;

section 7508.1 of Title 18 (Crimes and Offenses); section 9763

of Title 42 (Judiciary and Judicial Procedure).

§ 3805. Ignition interlock.

(a) General rule.--Except as provided under subsection

(a.1), if a person violates section 3802 (relating to driving

under influence of alcohol or controlled substance) or has had

their operating privileges suspended pursuant to section 1547

(relating to chemical testing to determine amount of alcohol

or controlled substance) or 3808(c) (relating to illegally

operating a motor vehicle not equipped with ignition interlock)

and the person seeks a restoration of operating privileges, the

department shall require as a condition of issuing a restricted

license pursuant to this section that the following occur:

(1) Any motor vehicle to be operated by the individual

has been equipped with an ignition interlock system and

remains so for the duration of the restricted license period.

(2) If there are no motor vehicles owned or to be

operated by the person or registered to the person that the

person so certify to the department in accordance with the

department's regulations.

(a.1) Exception.--Subsection (a) shall not apply to an

individual who meets all of the following:

(1) Is subject to the penalties under section 3804(a)(1)

(relating to penalties) or subject to mandatory suspension

of operating privilege under section 3807(d) (relating to

Accelerated Rehabilitative Disposition).

(2) Has not had a prior offense, as defined under

section 3806 (relating to prior offenses).

(b) Application for a restricted license.--A person subject

to this section shall apply to the department for an ignition

interlock restricted license under section 1951 (relating to

driver's license and learner's permit), which shall be clearly

marked to restrict the person to only driving, operating or

being in actual physical control of the movement of motor

vehicles equipped with an ignition interlock system. Upon

issuance of an ignition interlock restricted license to any

person, the department shall notify the person that until the

person obtains an unrestricted license the person may not drive,

operate or be in actual physical control of the movement of any

motor vehicle which is not equipped with an ignition interlock

system.

date of issuance of an ignition interlock restricted license

under this section, if otherwise eligible, a person may be

issued a replacement license under section 1951(d) that does

not contain the ignition interlock system restriction. The

department shall not issue an unrestricted license until a

person has presented all of the following:

(1) Proof that the person has completed the ignition

interlock restricted license period under this section.

(2) Certification by the vendor that provided the

ignition interlock device that the person has complied with

subsection (h.2).

(d) Prohibition.--Except as set forth in subsections (e)

and (f), until the person obtains an unrestricted license, the

person may not own, register, drive, operate or be in actual

physical control of the movement of any motor vehicle within

this Commonwealth unless the motor vehicle is equipped with an

ignition interlock system.

(e) Economic hardship exemption.--A person subject to the

requirements of subsection (a) may apply to the department for

a hardship exemption to the requirement that an ignition

interlock system must be installed in each of the person's motor

vehicles. Where the department determines that the applicant

establishes that such a requirement would result in undue

financial hardship, the department may permit the applicant to

install an ignition interlock system on only one of the

applicant's motor vehicles. However, the applicant in accordance

with section 3808 (relating to illegally operating a motor

vehicle not equipped with ignition interlock) shall be

prohibited from driving, operating or being in actual physical

control of the movement of any motor vehicle, including any of

the applicant's motor vehicles, which is not equipped with an

ignition interlock system.

(f) Employment exemption.--If a person with a restricted

license is required in the course and scope of employment to

drive, operate or be in actual physical control of the movement

of a motor vehicle owned by the person's employer, the following

apply:

(1) Except as set forth in paragraph (2), the person

may drive, operate or be in actual physical control of the

movement of that motor vehicle in the course and scope of

employment without installation of an ignition interlock

system if:

(i) the employer has been notified that the employee

is restricted; and

(ii) the employee has proof of the notification in

the employee's possession while driving, operating or

being in actual physical control of the movement of the

employer's motor vehicle. Proof of the notification may

be established only by the notarized signature of the

employer acknowledging notification on a form which shall

be provided by the department for this purpose and shall

include a contact telephone number of the employer.

(2) Paragraph (1) does not apply in any of the following

circumstances:

(i) To the extent that an employer-owned motor

vehicle is made available to the employee for personal

use.

(ii) If the employer-owned motor vehicle is owned

by an entity which is wholly or partially owned or

controlled by the person subject to this section.

(iii) If the employer-owned motor vehicle is a

school bus; a school vehicle; or a vehicle designed to

transport more than 15 passengers, including the driver.

(g) Prohibition of authorization.--This section shall not

give the department authorization to impose an ignition

interlock requirement on a person that has committed an offense

under former section 3731 prior to October 1, 2003, without the

issuance of a court order.

(h) Department approval.--An ignition interlock system

required to be installed under this title must be a system which

has been approved by the department. The department's approval

of ignition interlock systems shall be published in the

Pennsylvania Bulletin. Systems approved for use under former

42 Pa.C.S. § 7002(d) (relating to ignition interlock systems

for driving under the influence) and any contracts for the

installation, maintenance and inspection of the systems in

effect as of the effective date of this section shall continue

to be approved and in effect until the department again

publishes approval of ignition interlock systems in the

Pennsylvania Bulletin and enters into new contracts in support

of the systems.

(h.1) Mobile installation services.--

(1) Approved service providers of department-certified

manufacturers of ignition interlock systems shall be

permitted to provide mobile installation of ignition

interlock systems within this Commonwealth.

(2) Mobile installation of ignition interlock systems

shall be held to the same security and procedural standards

as provided in specifications of the department.

(3) Approved service providers of mobile installation

of ignition interlock systems shall not permit the program

participant or any unauthorized personnel to witness the

installation of the ignition interlock system.

(4) Regular maintenance of ignition interlocks after

mobile installation shall be performed according to the

specifications established by the department.

(h.2) Declaration of compliance.--Restrictions imposed under

section 1556 (relating to ignition interlock limited license)

shall remain in effect until the department receives a

declaration from the person's ignition interlock device vendor,

in a form provided or approved by the department, certifying

that the following incidents have not occurred in the two

consecutive months prior to the date entered on the certificate,

and for the purposes of a suspension imposed under section

3807(d)(2), the person's ignition interlock device vendor shall

certify the following incidents have not occurred in the prior

30 days entered on the certificate:

(1) An attempt to start the vehicle with a breath

alcohol concentration of 0.08% or more, not followed within

10 minutes by a subsequent attempt with a breath alcohol

concentration lower than 0.08%.

(2) Failure to take or pass any required retest.

(3) Failure of the person to appear at the ignition

interlock system vendor when required for maintenance,

repair, calibration, monitoring, inspection or replacement

of the device such that the ignition interlock system no

longer functions as required under subsection (h).

(i) Offenses committed during a period for which an ignition

interlock restricted license has been issued.--Except as

provided in sections 1547(b.1) and 3808(c) (relating to

illegally operating a motor vehicle not equipped with ignition

interlock), any driver who has been issued an ignition interlock

restricted license and as to whom the department receives a

certified record of a conviction of an offense for which the

penalty is a cancellation, disqualification, recall, suspension

or revocation of operating privileges shall have the ignition

interlock restricted license recalled, and the driver shall

surrender the ignition interlock restricted license to the

department. Following the completion of the cancellation,

disqualification, recall, suspension or revocation which

resulted in the recall of the ignition interlock restricted

license, the department shall require that the person complete

the balance of the ignition interlock restricted license period

previously imposed prior to the issuance of a replacement

license under section 1951(d) that does not contain an ignition

interlock restriction.

(Nov. 30, 2004, P.L.1667, No.211, eff. June 30, 2007; May 11,

2006, P.L.159, No.37, eff. 60 days; May 25, 2016, P.L.236,

No.33, eff. 15 months; July 20, 2017, P.L.333, No.30)

2017 Amendment. Act 30 amended subsecs. (a.1), (h.2) intro

par. and (1) and (i), effective immediately as to subsecs. (a.1)

and (h.2)(1) and 15 months as to (h.2) intro par. and (i).

2016 Amendment. Act 33 amended subsecs. (a), (b), (c) and

(f)(2)(ii) and added subsecs. (a.1) and (h.2).

2006 Amendment. Act 37 added subsec. (h.1).

Special Provisions in Appendix. See section 20(1) of Act

24 of 2003 in the appendix to this title for special provisions

relating to duties of department.

Cross References. Section 3805 is referred to in sections

1547, 1556, 3806, 3808 of this title.

§ 3806. Prior offenses.

(a) General rule.--Except as set forth in subsection (b),

the term "prior offense" as used in this chapter shall mean any

conviction for which judgment of sentence has been imposed,

adjudication of delinquency, juvenile consent decree, acceptance

of Accelerated Rehabilitative Disposition or other form of

preliminary disposition before the sentencing on the present

violation for any of the following:

(1) an offense under section 3802 (relating to driving

under influence of alcohol or controlled substance);

(2) an offense under former section 3731;

(3) an offense substantially similar to an offense under

paragraph (1) or (2) in another jurisdiction; or

(4) any combination of the offenses set forth in

paragraph (1), (2) or (3).

(b) Timing.--

(1) For purposes of sections 1553(d.2) (relating to

occupational limited license), 1556 (relating to ignition

interlock limited license), 3803 (relating to grading), 3804

(relating to penalties) and 3805 (relating to ignition

interlock), the prior offense must have occurred:

(i) within 10 years prior to the date of the offense

for which the defendant is being sentenced; or

(ii) on or after the date of the offense for which

the defendant is being sentenced.

(2) The court shall calculate the number of prior

offenses, if any, at the time of sentencing.

(3) If the defendant is sentenced for two or more

offenses in the same day, the offenses shall be considered

prior offenses within the meaning of this subsection.

(Nov. 29, 2004, P.L.1369, No.177, eff. imd.; Oct. 27, 2014,

P.L.2905, No.189, eff. 60 days; May 25, 2016, P.L.236, No.33,

eff. imd.)

2020 Unconstitutionality. Section 3806(a) intro. par. was

declared unconstitutional in part on May 20, 2020, by the

Superior Court of Pennsylvania in Commonwealth v. Chichkin, 232

A.3d 959 (2020).

2014 Amendment. Section 2 of Act 189 provided that the

amendment of subsec. (b) shall apply to persons sentenced on

or after the effective date of section 2.

Cross References. Section 3806 is referred to in sections

1556, 3805 of this title.

§ 3807. Accelerated Rehabilitative Disposition.

(a) Eligibility.--

(1) Except as set forth in paragraph (2), a defendant

charged with a violation of section 3802 (relating to driving

under influence of alcohol or controlled substance) may be

considered by the attorney for the Commonwealth for

participation in an Accelerated Rehabilitative Disposition

program in a county if the program includes the minimum

requirements contained in this section.

(2) The attorney for the Commonwealth shall not submit

a charge brought under this chapter for Accelerated

Rehabilitative Disposition if any of the following apply:

(i) The defendant has been found guilty of or

accepted Accelerated Rehabilitative Disposition of a

charge brought under section 3802 within ten years of

the date of the current offense unless the charge was

for an ungraded misdemeanor under section 3802(a)(2) and

was the defendant's first offense under section 3802.

(ii) An accident occurred in connection with the

events surrounding the current offense and an individual

other than the defendant was killed or suffered serious

bodily injury as a result of the accident.

(iii) There was a passenger under 14 years of age

in the motor vehicle the defendant was operating.

(b) Evaluation and treatment.--

(1) A defendant offered Accelerated Rehabilitative

Disposition for a violation of section 3802 is, as a

condition of participation in the program, subject to the

following requirements in addition to any other conditions

of participation imposed by the court:

(i) The defendant must attend and successfully

complete an alcohol highway safety school established

under section 1549 (relating to establishment of

schools). A participating defendant shall be given both

oral and written notice of the provisions of section

1543(b) (relating to driving while operating privilege

is suspended or revoked).

(ii) Prior to receiving Accelerated Rehabilitative

Disposition or other preliminary disposition, the

defendant must be evaluated under section 3816(a)

(relating to requirements for driving under influence

offenders) to determine the extent of the defendant's

involvement with alcohol or other drug and to assist the

court in determining what conditions of Accelerated

Rehabilitative Disposition would benefit the defendant

and the public. If the evaluation indicates there is a

need for counseling or treatment, the defendant shall

be subject to a full assessment for alcohol and drug

addiction in accordance with the provisions of section

3814(3) and (4) (relating to drug and alcohol

assessments).

(iii) If the defendant is assessed under

subparagraph (ii) to be in need of treatment, the

defendant must participate and cooperate with a licensed

alcohol or drug addiction treatment program. The level

and duration of treatment shall be in accordance with

the recommendations of the full assessment. Nothing in

this subparagraph shall prevent a treatment program from

refusing to accept a defendant if the program

administrator deems the defendant to be inappropriate

for admission to the program. A treatment program shall

retain the right to immediately discharge into the

custody of the probation officer an offender who fails

to comply with program rules and treatment expectations

or refuses to constructively engage in the treatment

process.

(iv) The defendant must remain subject to court

supervision for at least six months, but not more than

12 months.

(v) The defendant must make restitution to any

person that incurred determinable financial loss as a

result of the defendant's actions which resulted in the

offense. Restitution must be subject to court

supervision.

(vi) The defendant must pay the reasonable costs

of a municipal corporation in connection with the

offense. Fees imposed under this subparagraph shall be

distributed to the affected municipal corporation.

(vii) The defendant must pay any other fee,

surcharge or cost required by law. Except as set forth

in subparagraph (vi), (viii) or (ix), a fee or financial

condition imposed by a judge as a condition of

Accelerated Rehabilitative Disposition or any other

preliminary disposition of any charge under this chapter

shall be distributed as provided for in 42 Pa.C.S. §§

3571 (relating to Commonwealth portion of fines, etc.)

and 3573 (relating to municipal corporation portion of

fines, etc.).

(viii) The defendant must pay the costs of

compliance with subparagraphs (i), (ii) and (iii).

(ix) The defendant shall pay a cost of $50 which

shall be forwarded to the State Treasurer for deposit

in the Emergency Medical Services Operating Fund.

(2) The defendant shall be subject to a full assessment

for alcohol and drug addiction if any of the following apply:

(i) The evaluation under paragraph (1)(ii) indicates

a likelihood that the defendant is addicted to alcohol

or other drugs.

(ii) The defendant's blood alcohol content at the

time of the offense was at least 0.16%.

(3) The assessment under paragraph (2) shall be

conducted by one of the following:

(i) The Department of Health or its designee.

(ii) The county agency with responsibility for

county drug and alcohol programs or its designee.

(iii) The clinical personnel of a facility licensed

by the Department of Health for the conduct of drug and

alcohol addiction treatment programs.

(4) The assessment under paragraph (2) shall consider

issues of public safety and shall include recommendations

for all of the following:

(i) Length of stay.

(ii) Levels of care.

(iii) Follow-up care and monitoring.

(1) This subsection shall only apply to a health

insurance, health maintenance organization or other health

plan required to provide benefits under section 602-A of the

act of May 17, 1921 (P.L.682, No.284), known as The Insurance

Company Law of 1921.

(2) If an individual who is insured by a health

insurance, a health maintenance organization or other health

plan, that is doing business in this Commonwealth, the

individual may not be deprived of alcohol and other drug

abuse and addiction treatment or coverage within the scope

of that plan due to the identification of an alcohol or other

drug problem which occurs as a result of an assessment under

this section.

(d) Mandatory suspension of operating privileges.--As a

condition of participation in an Accelerated Rehabilitative

Disposition program, the court shall order the defendant's

license suspended as follows:

(1) There shall be no license suspension if the

defendant's blood alcohol concentration at the time of

testing was less than 0.10%.

(2) For 30 days if the defendant's blood alcohol

concentration at the time of testing was at least 0.10% but

less than 0.16%.

(3) For 60 days if:

(i) the defendant's blood alcohol concentration at

the time of testing was 0.16% or higher;

(ii) the defendant's blood alcohol concentration

is not known;

(iii) an accident which resulted in bodily injury

or in damage to a vehicle or other property occurred in

connection with the events surrounding the current

offense; or

(iv) the defendant was charged pursuant to section

3802(d).

(4) For 90 days if the defendant was a minor at the

time of the offense.

(e) Failure to comply.--

(1) A defendant who fails to complete any of the

conditions of participation contained in this section shall

be deemed to have unsuccessfully participated in an

Accelerated Rehabilitative Disposition program, and the

criminal record underlying participation in the program shall

not be expunged.

(2) The court shall direct the attorney for the

Commonwealth to proceed on the charges as prescribed in the

Rules of Criminal Procedure if the defendant:

(i) fails to meet any of the requirements of this

section;

(ii) is charged with or commits an offense under

18 Pa.C.S. (relating to crimes and offenses); or

(iii) violates any other condition imposed by the

court.

(Nov. 29, 2004, P.L.1369, No.177, eff. imd.; Aug. 18, 2009,

P.L.308, No.37, eff. 180 days; Oct. 29, 2020, P.L.773, No.93,

eff. 120 days)

2020 Amendment. Act 93 amended subsec. (b)(1)(ix).

2009 Amendment. Act 37 amended subsec. (b)(1)(vii) and added

subsec. (b)(1)(ix).

2004 Amendment. Act 177 amended subsecs. (b)(1)(iv) and

(d).

Cross References. Section 3807 is referred to in sections

1556, 3805, 3817 of this title; section 8153 of Title 35 (Health

and Safety).

§ 3808. Illegally operating a motor vehicle not equipped with

ignition interlock.

(a) Offense defined.--

(1) An individual required to only drive, operate or

be in actual physical control of the movement of a motor

vehicle equipped with an ignition interlock system under any

of the following who drives, operates or is in actual

physical control of the movement of a motor vehicle within

this Commonwealth without such a system commits a misdemeanor

and shall, upon conviction, be sentenced to pay a fine of

not less than $300 and not more than $1,000 and to

imprisonment for not more than 90 days:

(i) Section 1556 (relating to ignition interlock

limited license).

(ii) Section 3805 (relating to ignition interlock).

(iii) A requirement by another jurisdiction to

operate only a vehicle with an ignition interlock system.

(2) An individual required to only drive, operate or

be in actual physical control of the movement of a motor

vehicle equipped with an ignition interlock system under any

of the following who drives, operates or is in actual

physical control of the movement of a motor vehicle within

this Commonwealth without such a system and who has an amount

of alcohol by weight in his blood that is equal to or greater

than 0.025% at the time of testing or who has in his blood

any amount of a Schedule I or nonprescribed Schedule II or

III controlled substance, as defined in the act of April 14,

1972 (P.L.233, No.64), known as The Controlled Substance,

Drug, Device and Cosmetic Act, or its metabolite commits a

misdemeanor of the third degree and shall, upon conviction,

be sentenced to pay a fine of $1,000 and to undergo

imprisonment for a period of not less than 90 days:

(i) Section 1556.

(ii) Section 3805.

(iii) A requirement by another jurisdiction to

operate only a vehicle with an ignition interlock system.

(b) Tampering with an ignition interlock system.--A person

that tampers with an ignition interlock system required by law

commits a misdemeanor and shall, upon conviction, be sentenced

to pay a fine of not less than $300 nor more than $1,000 and

to undergo imprisonment for not more than 90 days. An offense

under this subsection shall be deemed to have been committed

at either the location where tampering occurred or the place

where the vehicle containing the ignition interlock system

required by law is registered. The term "tampering," in addition

to any physical act which is intended to alter or interfere

with the proper functioning of an ignition interlock system

required by law, shall include attempting to circumvent or

bypass or circumventing or bypassing an ignition interlock

system by:

(1) means of using another individual to provide a

breath sample; or

(2) providing a breath sample for the purpose of

bypassing an ignition interlock system required by law.

section 3805(c) and (i):

(1) If a person who is required to only drive, operate

or be in actual physical control of the movement of a motor

vehicle equipped with an ignition interlock system violates

this section, upon receipt of a certified record of the

conviction, the department shall not issue a replacement

license to the person under section 1951(d) (relating to

driver's license and learner's permit) that does not contain

an ignition interlock restriction for a period of one year

from the date of conviction until the person has complied

with the requirements of section 3805.

(2) Upon receipt of a certified record of a second

conviction of a violation of this section committed by a

person who is required to only drive, operate or be in actual

physical control of the movement of a motor vehicle equipped

with an ignition interlock system which occurred during the

same ignition interlock restricted license period, the

department shall suspend the person's operating privileges

for a period of one year and recall the ignition interlock

restricted license, and the person shall surrender the

ignition interlock restricted license to the department.

Following completion of the suspension period, the department

shall require that the person comply with the requirements

of section 3805 prior to being eligible to receive a

replacement license under section 1951(d) that does not

contain an ignition interlock restriction.

(d) Applicability.--Notwithstanding section 3101 (relating

to application of part), this section shall apply in all areas

throughout this Commonwealth; however, it shall not apply to

persons installing, maintaining or inspecting ignition interlock

devices in the course and scope of their employment.

(Nov. 29, 2004, P.L.1369, No.177, eff. imd.; May 25, 2016,

P.L.236, No.33, eff. 15 months; July 20, 2017, P.L.333, No.30,

eff. 15 months)

2017 Amendment. Act 30 amended subsec. (c)(2).

2016 Amendment. Act 33 amended subsecs. (a), (b) and

(c)(1).

Cross References. Section 3808 is referred to in sections

1541, 1542, 1547, 3805, 3811, 3812, 6506 of this title; section

8137 of Title 35 (Health and Safety); sections 1515, 1725.3 of

Title 42 (Judiciary and Judicial Procedure).

§ 3809. Restriction on alcoholic beverages.

(a) General rule.--Except as set forth in subsection (b),

an individual who is an operator or an occupant in a motor

vehicle may not be in possession of an open alcoholic beverage

container or consume a controlled substance as defined in the

act of April 14, 1972 (P.L.233, No.64), known as The Controlled

Substance, Drug, Device and Cosmetic Act, or an alcoholic

beverage in a motor vehicle while the motor vehicle is located

on a highway in this Commonwealth.

(b) Exception.--This section does not prohibit possession

or consumption by any of the following:

(1) A passenger in the passenger area of a motor vehicle

designed, maintained or used primarily for the lawful

transportation of persons for compensation. This paragraph

includes buses, taxis and limousines.

(2) An individual in the living quarters of a house

coach or house trailer.

commits a summary offense.

Cross References. Section 3809 is referred to in section

1542 of this title.

§ 3810. Authorized use not a defense.

The fact that a person charged with violating this chapter

is or has been legally entitled to use alcohol or controlled

substances is not a defense to a charge of violating this

chapter.

§ 3811. Certain arrests authorized.

(a) Warrant not required.--In addition to any other powers

of arrest, a police officer is authorized to arrest an

individual without a warrant if the officer has probable cause

to believe that the individual has violated section 1543(b)(1.1)

(relating to driving while operating privilege is suspended or

revoked), 3802 (relating to driving under influence of alcohol

or controlled substance) or 3808(a)(2) (relating to illegally

operating a motor vehicle not equipped with ignition interlock),

regardless of whether the alleged violation was committed in

the presence of the police officer.

(b) Territory.--The authority under subsection (a) extends

to any hospital or other medical treatment facility located

beyond the territorial limits of the police officer's political

subdivision at which an individual to be arrested is found or

was taken or removed for purposes of emergency treatment,

examination or evaluation as long as there is probable cause

to believe that the violation of section 1543(b)(1.1), 3802 or

3808(a)(2) occurred within the police officer's political

subdivision.

§ 3812. Preliminary hearing or arraignment.

The presiding judicial officer at the preliminary hearing

or preliminary arraignment relating to a charge of a violation

of section 1543(b)(1.1) (relating to driving while operating

privilege is suspended or revoked), 3802 (relating to driving

under influence of alcohol or controlled substance) or

3808(a)(2) (relating to illegally operating a motor vehicle not

equipped with ignition interlock) shall not reduce or modify

the original charges without the consent of the attorney for

the Commonwealth.

§ 3813. Work release.

In any case in which an individual is sentenced to a period

of imprisonment as a result of a conviction for violating a

provision of this chapter, the judicial officer imposing the

sentence shall consider assigning that individual to a daytime

work release program. Any work release program permitted under

this section shall be certified by the Drug and Alcohol

Treatment program administration as being consistent with any

drug and alcohol treatment requirements imposed under section

3814 (relating to drug and alcohol assessments).

§ 3814. Drug and alcohol assessments.

If a defendant is convicted or pleads guilty or no contest

to a violation of section 3802 (relating to driving under

influence of alcohol or controlled substance), the following

apply prior to sentencing:

(1) The defendant shall be evaluated under section

3816(a) (relating to requirements for driving under influence

offenders) and any other additional evaluation techniques

deemed appropriate by the court to determine the extent of

the defendant's involvement with alcohol or other drug and

to assist the court in determining what type of sentence

would benefit the defendant and the public.

(2) The defendant shall be subject to a full assessment

for alcohol and drug addiction if any of the following

subparagraphs apply:

(i) The defendant, within ten years prior to the

offense for which sentence is being imposed, has been

sentenced for an offense under:

(A) section 3802;

(B) former section 3731; or

jurisdiction.

(ii) Either:

(A) the evaluation under paragraph (1) indicates

there is a need for counseling or treatment; or

(B) the defendant's blood alcohol content at

the time of the offense was at least 0.16%.

(3) The assessment under paragraph (2) shall be

conducted by one of the following:

(i) The Department of Health or its designee.

(ii) The county agency with responsibility for

county drug and alcohol programs or its designee.

(iii) The clinical personnel of a facility licensed

by the Department of Health for the conduct of drug and

alcohol addiction treatment programs.

(4) The assessment under paragraph (2) shall consider

issues of public safety and shall include recommendations

for all of the following:

(i) Length of stay.

(ii) Levels of care.

(iii) Follow-up care and monitoring.

Special Provisions in Appendix. See section 18 of Act 24

of 2003 in the appendix to this title for special provisions

relating to applicability of sections 3814 and 3815.

Cross References. Section 3814 is referred to in sections

3804, 3807, 3813, 3815, 3816 of this title; section 9763 of

Title 42 (Judiciary and Judicial Procedure).

§ 3815. Mandatory sentencing.

(a) County supervision.--Notwithstanding the length of any

maximum term of imprisonment imposed pursuant to sections 3803

(relating to grading) and 3804 (relating to penalties), and

notwithstanding the provisions of section 17 of the act of

August 6, 1941 (P.L.861, No.323), referred to as the

Pennsylvania Board of Probation and Parole Law, the sentencing

judge may grant parole under the supervision of the county

parole system to any offender serving a sentence for a violation

of section 3802 (relating to driving under influence of alcohol

or controlled substance) and, if applicable, serving any

concurrent sentence of imprisonment for any misdemeanor offense

arising from the same criminal episode as the violation of

section 3802. The power of the sentencing judge to grant parole

shall apply only to those offenders whose sentences are being

served in a county prison pursuant to 42 Pa.C.S. § 9762

(relating to sentencing proceeding; place of confinement) or

section 3804(d). The sentencing judge shall declare his

intention to retain parole authority and supervision at the

time of sentencing in cases in which he would not otherwise

have parole authority and supervision.

(b) Parole.--

(1) An offender who is determined pursuant to section

3814 (relating to drug and alcohol assessments) to be in

need of drug and alcohol treatment shall be eligible for

parole in accordance with the terms and conditions prescribed

in this section following the expiration of the offender's

mandatory minimum term of imprisonment.

(2) The following shall be conditions of parole:

(i) If the offender is not determined under the

procedures set forth in section 3814 to be addicted to

alcohol or another substance, the offender must refrain

from:

(A) the use of illegal controlled substances;

and

(B) the abuse of prescription drugs,

over-the-counter drugs or any other substances.

(ii) If the offender is determined under the

procedures set forth in section 3814 to be addicted to

alcohol or another substance, the offender must do all

of the following:

(A) Refrain from:

(I) the use of alcohol or illegal controlled

substances; and

(II) the abuse of prescription drugs,

over-the-counter drugs or any other substances.

(B) Participate in and cooperate with drug and

alcohol addiction treatment under subsection (c).

(1) Treatment must conform to assessment recommendations

made under section 3814.

(2) Treatment must be conducted by a drug and alcohol

addiction treatment program licensed by the Department of

Health.

(3) The treatment program shall report periodically to

the assigned parole officer on the offender's progress in

the treatment program. The treatment program shall promptly

notify the parole officer if the offender:

(i) fails to comply with program rules and treatment

expectations;

(ii) refuses to constructively engage in the

treatment process; or

(iii) without authorization terminates participation

in the treatment program.

(4) Upon notification under paragraph (3), the parole

officer shall report the offender's actions to the parole

authority and to the department for compliance with section

1553(e) (relating to occupational limited license). The

parole authority shall schedule a revocation hearing to

consider recommendations of the parole officer and the

treatment program.

(5) Nothing in this subsection shall prevent a treatment

program from refusing to accept an offender if the program

administrator deems the offender to be inappropriate for

admission to the program. A treatment program shall retain

the right to immediately discharge into the custody of the

assigned parole officer an offender who fails to comply with

program rules and treatment expectations or refuses to

constructively engage in the treatment process.

(d) Enforcement.--

(1) This subsection applies to an offender ordered to

participate in a treatment program under subsection

(b)(2)(ii) who:

(i) fails to comply with program rules and treatment

expectations;

(ii) refuses to constructively engage in the

treatment process; or

(iii) terminates participation in the treatment

program without authorization.

(2) Notwithstanding any other provision of law, all of

the following apply to an offender under paragraph (1):

(i) The offender's parole, prerelease, work release

or any other release status shall be revoked.

(ii) The offender shall be ineligible for parole,

prerelease, work release or any other release from the

correctional facility prior to the expiration of the

offender's maximum term unless the offender is permitted

to be readmitted to a treatment program.

(3) Nothing in this subsection shall be construed to

grant a legal right to parole to an offender previously

ineligible for parole, on the grounds that the offender is

currently prepared to participate in, comply with and

constructively engage in the treatment process. Under such

circumstances, parole or reparole of the offender shall be

at the parole authority's discretion.

(e) Follow-up.--After an offender has completed the

treatment program under subsection (c), the parole officer shall

take reasonable steps to ensure that the offender does not abuse

alcohol, use illegal controlled substances or abuse prescription

drugs, over-the-counter drugs or any other such substances.

These reasonable steps include requiring chemical testing and

periodic reassessment of the offender by the treatment program.

(f) Fees.--

(1) Except as set forth in paragraph (2), the parole

authority shall impose upon an offender subject to this

section reasonable fees to cover the cost of any of the

following:

(i) Chemical testing of the offender required under

this section.

(ii) An assessment of the offender required under

this section.

(iii) Drug or alcohol treatment provided in

accordance with the assessment.

(2) If the parole authority finds the offender to be

unable to pay the full amount of the fees required by

paragraph (1) and section 1541(d) (relating to period of

disqualification, revocation or suspension of operating

privilege), it shall require the offender to pay as much of

the fee as is consistent with the offender's ability to pay

and shall direct the assigned parole officer to establish a

reasonable payment schedule for the offender to pay as much

of the remaining fees as is consistent with the offender's

ability to pay.

(g) Insurance.--

(1) This subsection shall only apply to a health

insurance, health maintenance organization or other health

plan required to provide benefits under section 602-A of the

act of May 17, 1921 (P.L.682, No.284), known as The Insurance

Company Law of 1921.

(2) If an individual who is insured by a health

insurance, a health maintenance organization or other health

plan, that is doing business in this Commonwealth, the

individual may not be deprived of alcohol and other drug

abuse and addiction treatment or coverage within the scope

of that plan due to the identification of an alcohol or other

drug problem which occurs as a result of an assessment under

this section.

(h) Additional funding.--In order to support and augment

the diagnostic assessment and treatment services provided under

this section, the Department of Health, the department and the

Pennsylvania Commission on Crime and Delinquency shall seek all

available Federal funding, including funds available through

the United States National Highway Traffic Safety Administration

and the Department of Health and Human Services.

(Nov. 29, 2004, P.L.1369, No.177, eff. imd.)

2004 Amendment. Act 177 amended subsec. (a).

Special Provisions in Appendix. See section 18 of Act 24

of 2003 in the appendix to this title for special provisions

relating to applicability of sections 3814 and 3815.

References in Text. Section 17 of the act of August 6, 1941

(P.L.861, No.323), referred to as the Pennsylvania Board of

Probation and Parole Law, referred to in subsec. (a), was

repealed by the act of August 11, 2009 (P.L.494, No.49). The

subject matter is now contained in Part IV of Title 61 (Prisons

and Parole).

Cross References. Section 3815 is referred to in sections

1553, 1556, 3804, 3816, 3817 of this title; section 9763 of

Title 42 (Judiciary and Judicial Procedure).

§ 3816. Requirements for driving under influence offenders.

(a) Evaluation using Court Reporting Network.--In addition

to any other requirements of the court, every person convicted

of a violation of section 3802 (relating to driving under

influence of alcohol or controlled substance) and every person

offered Accelerated Rehabilitative Disposition as a result of

a charge of a violation of section 3802 shall, prior to

sentencing or receiving Accelerated Rehabilitative Disposition

or other preliminary disposition, be evaluated using Court

Reporting Network instruments issued by the department and any

other additional evaluation techniques deemed appropriate by

the court to determine the extent of the person's involvement

with alcohol or controlled substances and to assist the court

in determining what sentencing, probation or conditions of

Accelerated Rehabilitative Disposition would benefit the person

or the public.

(b) Court-ordered intervention or treatment.--A record shall

be submitted to the department as to whether the court did or

did not order a defendant to attend drug and alcohol treatment

pursuant to the requirements of sections 3804 (relating to

penalties), 3814 (relating to drug and alcohol assessments) and

3815 (relating to mandatory sentencing). If the court orders

treatment, a report shall be forwarded to the department as to

whether the defendant successfully completed the program. If a

defendant fails to successfully complete a program of treatment

as ordered by the court, the suspension shall remain in effect

until the department is notified by the court that the defendant

has successfully completed treatment and the defendant is

otherwise eligible for restoration of his operating privilege.

In order to implement the recordkeeping requirements of this

section, the department and the court shall work together to

exchange pertinent information about a defendant's case,

including attendance and completion of treatment or failure to

complete treatment.

Cross References. Section 3816 is referred to in sections

1541, 3807, 3814 of this title.

§ 3817. Reporting requirements for offenses.

(a) Requirement.--The department shall make an annual report

on the administration of this chapter. The department, the

Administrative Office of Pennsylvania Courts and the

Pennsylvania Sentencing Commission shall work together to

exchange pertinent information necessary to complete this

report.

(b) Contents.--The report shall include the following

information by county:

(1) The number of offenders charged with a violation

of section 3802 (relating to driving under influence of

alcohol or controlled substance) sorted by the subsection

under which the offender was charged.

(2) The number of offenders convicted of violating

section 3802 sorted by the subsection under which the

offender was convicted.

(3) The number of offenders admitted to an Accelerated

Rehabilitative Disposition program for violating section

3802 sorted by the subsection under which the offender was

charged.

(4) The number of offenders completing an Accelerated

Rehabilitative Disposition program for a violation of section

3802 sorted by the subsection under which the offender was

charged.

(5) The number of persons refusing a chemical test

sorted by the number of prior offenses.

(6) The number of offenders subject to treatment under

section 3807 (relating to Accelerated Rehabilitative

Disposition) sorted by the subsection of section 3802 under

which the offender was charged.

(7) The number of offenders subject to section 3815

(relating to mandatory sentencing) sorted by the subsection

of section 3802 under which the offender was convicted.

(8) The number of offenders sent to treatment for

alcohol and drug problems and addiction.

(9) The names of the treatment facilities providing

treatment and the level of care and length of stay in

treatment.

(10) The number of offenders successfully completing

treatment.

(11) The number of first, second, third and subsequent

offenders sorted by the subsection of section 3802 under

which the offender was charged.

(12) The number of first, second, third and subsequent

offenders sorted by the subsection of section 3802 under

which the offender was convicted.

(13) The number of offenders who violated section 3802

for whom costs for assessment and treatment were waived by

the court.

(14) The number of offenders who violated section 3802

for whom fines and costs were waived by the court.

the Judiciary Committee, Public Health and Welfare Committee

and Transportation Committee of the Senate; the Health and Human

Services Committee, Judiciary Committee and Transportation

Committee of the House of Representatives; and the Department

of Health Bureau of Drug and Alcohol Programs, who shall utilize

the data for program planning purposes. The Bureau of Drug and

Alcohol Programs shall consider increases in county drug and

alcohol program costs that result from the implementation of

this chapter when proposing annual appropriations requests. The

report shall be made available to the public.

PART IV

VEHICLE CHARACTERISTICS

Chapter

41. Equipment Standards

43. Lighting Equipment

45. Other Required Equipment

47. Inspection of Vehicles

49. Size, Weight and Load

Enactment. Part IV was added June 17, 1976, P.L.162, No.81,

effective July 1, 1977, unless otherwise noted.

CHAPTER 41

EQUIPMENT STANDARDS

Sec.

4101. Purpose of part.

4102. Definitions.

4103. Promulgation of vehicle equipment standards.

4104. Testing and approval of equipment.

4105. Revocation and renewal of certificates of approval.

4106. Market surveillance program.

4107. Unlawful activities.

4108. Injunctive relief.

Enactment. Chapter 41 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977, unless otherwise noted.

Cross References. Chapter 41 is referred to in section 3581

of this title.

§ 4101. Purpose of part.

The purpose of this chapter and Chapters 43 (relating to

lighting equipment) and 45 (relating to other required

equipment) is to establish minimum standards for vehicle

equipment the performance of which is related to vehicle safety,

noise control and air quality and to make unlawful the sale and

use of items which do not comply with the requirements of this

part or with the standards and regulations promulgated by the

department.

§ 4102. Definitions.

The following words and phrases when used in this part shall

have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

"Centralized inspection." A system for vehicle emission

inspection utilizing consolidated facilities owned and operated

by the Commonwealth or by a contractor or contractors to the

Commonwealth that provide for vehicle emission testing only.

"Decentralized inspection." A system for vehicle emission

inspection using privately owned and operated

department-certified facilities to provide for vehicle emission

testing or allowing for repairs or both.

"Enhanced emission inspection program." A vehicle emission

inspection program as defined by the Federal Environmental

Protection Agency and including, but not limited to,

computerized emission analyzers, on-road testing and inspection

of vehicle emission control devices through a contracted

centralized or decentralized inspection program.

"Federal standard." A minimum standard of vehicle or vehicle

equipment performance issued under the National Traffic and

Motor Vehicle Safety Act (80 Stat. 718, 15 U.S.C. § 1381), the

Motor Vehicle Information and Cost Savings Act (86 Stat. 947,

15 U.S.C. § 1901) or the Clean Air Act (81 Stat. 485, 42 U.S.C.

§ 1857).

"On-road testing device." An exhaust gas analyzer capable

of measuring vehicle exhaust gas content outside of the garage

environment while the vehicle is in motion on the road or at

roadside.

"Qualified Commonwealth employee." An individual, police

officer or qualified department employee who has completed

training in the inspection or weighing of vehicles as required

by section 4704 (relating to inspection by police or

Commonwealth personnel), 4981 (relating to weighing and

measurement of vehicles) or 8302 (relating to powers and duties

of department).

"Subject vehicle." A motor vehicle having a gross vehicle

weight rating of 9,000 pounds or less which is of a model year

and uses a type of fuel specified by regulation of the

department if the secretary certifies by publication in the

Pennsylvania Bulletin that an emission inspection program for

such vehicles is required to meet the attainment goals

established by the Clean Air Act (Public Law 95-95, 42 U.S.C.

§ 7401 et seq.), as amended, and regulations promulgated by the

United States Environmental Protection Agency.

"Vehicle equipment standard." A minimum standard for vehicle

performance or vehicle equipment performance which meets the

needs of vehicle safety, noise control or air quality control,

which is practicable and which provides objective criteria.

(Dec. 16, 1992, P.L.1250, No.166)

1992 Amendment. See section 9 of Act 166 in the appendix

to this title for special provisions relating to effective date.

Cross References. Section 4102 is referred to in section

4150 of Title 3 (Agriculture).

§ 4103. Promulgation of vehicle equipment standards.

(a) General rule.--The department shall promulgate vehicle

equipment standards for vehicles, equipment and devices required

under this part. To the maximum extent possible, consistent

with safety, the standards shall be expressed in terms of

minimum acceptable performance levels, measured against

objective testing parameters.

(b) Applicability of Federal standards.--Federal standards

promulgated with respect to the performance of any vehicle or

item of equipment shall have the same force and effect as if

promulgated by the department under subsection (a) and shall

supersede any Commonwealth standard applicable to the same

aspect of performance for the vehicle or item of equipment.

the provisions of subsections (a) and (b), applicable standards

or recommended practices issued by the National Highway Traffic

Safety Administration, U.S. Department of Transportation, the

Vehicle Equipment Safety Commission, the American National

Standards Institute, the Society of Automotive Engineers or any

other generally recognized standards setting body may be adopted

by reference, provided that copies of the standards are

incorporated in the notice of proposed rule making.

(d) Applicability to certain vehicles.--Vehicle equipment

standards contained in this part or promulgated by the

department under the authority given in this part shall not

apply to a motor vehicle registered as an antique or classic

vehicle containing equipment which meets the original

manufacturer's specifications.

(e) Extension of standards prohibited.--Vehicle equipment

standards promulgated by the department shall not be extended

to any vehicle which, because of its date of manufacture, is

not required by Federal standards to have the equipment.

(f) Highly automated vehicles.--

(1) A highly automated vehicle that is designed to

operate exclusively by the ADS or a highly automated vehicle

driver in a remote location for all trips is not subject to

motor vehicle equipment laws or regulations of this

Commonwealth that relate to or support motor vehicle

operation by a driver seated in the vehicle and are not

relevant for an ADS.

(2) Nothing in this subsection shall be construed to

exempt an entire highly automated vehicle from the periodic

inspection of vehicles under section 4702 (relating to

requirement for periodic inspection of vehicles).

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added subsec. (f).

Cross References. Section 4103 is referred to in sections

3716, 4104, 4702 of this title.

§ 4104. Testing and approval of equipment.

(a) Authority of department.--The department may require

new vehicles and equipment to be tested and approved for

compliance with the requirements of this part or any vehicle

equipment standard adopted pursuant to section 4103(a) (relating

to promulgation of vehicle equipment standards).

(b) Basis of approval.--Approvals may be based on

certification furnished to the department by the American

Association of Motor Vehicle Administrators, or if the American

Association of Motor Vehicle Administrators certification

program does not cover the type of vehicle or equipment, the

department shall determine approval on test reports prepared

by such testing laboratories as the department may designate.

by regulation the procedure to be followed when request for

approval of any item of equipment is submitted under this

section. The department shall not unreasonably withhold

designation of any laboratory which meets the minimum criteria

established by the department as an approved laboratory for

equipment testing. Where a regulated manufacturer has its own

in-house testing facilities which meet the minimum criteria,

the department may accept test reports from the manufacturer

for the purpose of granting equipment approvals.

(d) Markings on approved equipment.--Each item of equipment

requiring approval by the department shall bear the trademark,

name or code symbol under which it is approved. If practicable,

the markings shall be legible after installation. For the

purposes of this subsection, code symbol means one assigned and

approved by the department in the absence of a name or

trademark.

(e) Lists of approved equipment.--The department shall

maintain lists of all items of equipment which have been

approved under authority of this part. Copies of the lists or

portions of the lists shall be made available at cost upon

request.

Cross References. Section 4104 is referred to in section

1954 of this title.

§ 4105. Revocation and renewal of certificates of approval.

(a) Hearing to review approved devices.--When the department

has reason to believe that an approved device being sold

commercially does not comply with the requirements of this part,

it may, after giving 30 days' notice to the person holding the

certificate of approval for the device, conduct a hearing upon

the question of compliance of the approved device. After the

hearing, the department shall determine whether the approved

device meets the requirements of this part and shall notify the

person holding the certificate of approval of the determination.

(b) Devices determined to be in violation.--If the

department determines as a result of the hearing that the device

does not meet the requirements of this part, the person holding

the certificate of approval shall have a period of 90 days to

resubmit a request for approval. In the event the device is

determined to be hazardous, the department may take immediate

action through injunctive relief pursuant to section 4108

(relating to injunctive relief). If the person holding the

certificate of approval fails to satisfy the department that

the resubmitted device as thereafter to be sold meets the

requirements of this part, the department shall revoke the

approval issued unless the device is resubmitted to and retested

by an authorized testing laboratory and is found to meet the

requirements of this part. The department may require that all

devices sold since the notification following the hearing be

replaced with devices that do comply with the requirements of

this part.

issued for items of equipment required to be approved under

this part will not expire except as provided by regulation or

until revoked by the department.

(d) Renewal of certificate.--Certificates of approval which

expire pursuant to regulation shall be void after the period

stated from the date of issue unless application is made for

renewal of the certificates in accordance with the procedure

established by the department, together with the applicable

fee, and a new certificate of approval is issued.

(e) Promulgation of regulations.--The department shall

promulgate rules and regulations to effectuate the provisions

of this section.

Cross References. Section 4105 is referred to in section

4106 of this title.

§ 4106. Market surveillance program.

(a) General rule.--The department shall maintain a

continuing program of market surveillance to insure that any

items of vehicle equipment offered for sale in this Commonwealth

and for which approvals are required are in compliance with the

law.

(b) Purchase and testing of samples.--The department may

undertake at State expense random retail purchase and compliance

testing of samples of equipment which is covered by a valid

certificate of approval or which has been certified by its

manufacturer as being in compliance with an applicable Federal

motor vehicle safety standard. If the samples, upon testing,

fail to meet the applicable performance requirements, the

department may commence revocation proceedings pursuant to

section 4105 (relating to revocation and renewal of certificates

of approval).

program reveals instances of items of equipment being offered

for sale which have not been submitted for approval as required

by State law or regulation or have been disapproved or have not

been certified as being in compliance with an applicable Federal

standard, immediate written notice of that fact shall be

furnished the dealer, distributor, wholesaler or manufacturer.

The dealer shall not thereafter sell the equipment and the

distributor, wholesaler or manufacturer shall recall all the

equipment from all dealers.

§ 4107. Unlawful activities.

(a) Violation of vehicle equipment standards.--

(1) Except as otherwise provided, it is unlawful for

any person to sell, offer for sale, lease, install or

replace, either separately or as part of the equipment of a

vehicle, any item of vehicle equipment affecting the

operation of the vehicle which does not comply with this

title or regulations promulgated thereunder, or which does

not comply with an applicable Federal motor vehicle safety

standard adopted by regulation by the department.

(2) Any person convicted of violating this subsection

shall be subject to a civil penalty of not more than $100

for each violation. Each violation of the provisions of this

subsection shall constitute a separate violation with respect

to each motor vehicle or item of motor vehicle equipment or

with respect to each failure or refusal to allow or perform

an act required thereby, except that the maximum civil

penalty shall not exceed $10,000 for any related series of

violations.

(b) Other violations.--Except as otherwise provided, it is

unlawful for any person to do any of the following:

(1) Willfully or intentionally remove (other than for

purposes of repair and replacement) or render inoperative,

in whole or in part, any item of vehicle equipment which was

required to be installed at the time of manufacture or

thereafter upon any vehicle, by any law, rule, regulation

or requirement of any officer or agency of the United States

or of the Commonwealth, if it is intended that the vehicle

be operated upon the highways of this Commonwealth unless

the removal or alteration is specifically permitted by this

title or by regulations promulgated by the department.

(2) Operate, or cause or permit another person to

operate, on any highway in this Commonwealth any vehicle or

combination which is not equipped as required under this

part or under department regulations or when the driver is

in violation of department regulations or the vehicle or

combination is otherwise in an unsafe condition or in

violation of department regulations.

(2.1) Operate a motor carrier vehicle, bus or school

bus the brake system of which is in such condition that

further operation would be hazardous under section 4704(c)(1)

(relating to inspection by police or Commonwealth personnel).

(3) Do any act forbidden by this part or fail to perform

any act required under this part.

(b.1) Out-of-service criteria.--No person shall operate a

motor carrier vehicle or cause, permit, require or otherwise

allow any other person to operate a motor carrier vehicle in

violation of driver out-of-service criteria or standards

periodically adopted by the United States Department of

Transportation and adopted by reference by the department under

the provisions of section 6103 (relating to promulgation of

rules and regulations by department). The department shall

coordinate with the Pennsylvania Public Utility Commission in

the enforcement of this subsection and 66 Pa.C.S. § 3312

(relating to evasion of motor carrier and broker regulations).

(b.2) Vehicle doors.--

(1) If a vehicle is registered under section 1301

(relating to registration and certificate of title required)

and equipped from the original manufacturer with

manufacturer-designed and manufacturer-installed removable

doors with the intention to allow removal and reinstallation

by the vehicle owner, that vehicle may be operated on the

roadways of this Commonwealth with the manufacturer-designed

and manufacturer-installed doors removed or equipped with

nonoriginal equipment manufacturer doors. When the

manufacturer-designed and manufacturer-installed doors are

removed, the vehicle shall have side mirrors, including the

original manufacturer side mirrors, or installed side mirrors

attached by the vehicle owner. This subsection shall not

limit or otherwise impact section 4534 (relating to rearview

mirrors) or 4581 (relating to restraint systems). To comply

with section 4702 (relating to requirement for periodic

inspection of vehicles), a vehicle under this subsection

shall be inspected with the manufacturer-designed and

manufacturer-installed doors attached.

(2) As used in this subsection, the term "nonoriginal

equipment manufacturer door" shall mean a vehicle door that

is not originally equipped by the manufacturer, including a

tube door, half door or net door.

not be construed to:

(1) Prohibit the use of parts or equipment required by

the National Traffic and Motor Vehicle Safety Act of 1966

(80 Stat. 718, 15 U.S.C. § 1381) or the use of any other

parts or accessories on any vehicle not inconsistent with

the provisions of this title or regulations promulgated

thereunder.

(2) Limit the use of independent after market repair

and service parts in the repair of vehicles and items of

vehicle equipment unless in violation of the provisions of

this title or regulations promulgated thereunder.

(d) Penalty.--

(1) (i) Except as provided in subparagraph (ii), a

person who operates a motor carrier vehicle or a bus in

violation of subsection (b)(2) commits a summary offense

and, upon conviction, shall be sentenced to pay a fine

of $25 per violation, except that the minimum fine for

a violation not related to driver's hours of service

which causes the driver or the vehicle to be placed out

of service under section 4704(c) (relating to inspection

by police or Commonwealth personnel) shall be $50 per

violation. The maximum fine which may be levied on the

basis of multiple charges filed together shall be $500.

(ii) A person who operates a motor carrier vehicle,

bus or school bus in violation of subsection (b)(2.1)

commits a summary offense and shall, upon conviction,

be sentenced to pay a fine of $150, except that, if

multiple charges are filed together, the fine shall be

$300 per violation.

(2) (i) Except as provided in subparagraph (ii), a

person who causes, permits, requires or otherwise allows

another person to operate a motor carrier vehicle or a

bus in violation of subsection (b)(2) commits a summary

offense and, upon conviction, shall be sentenced to pay

a fine of $50 per violation, except that the minimum

fine for a violation not related to driver's hours of

service which causes the driver or the vehicle to be

placed out of service under section 4704(c) shall be

$100 per violation. The maximum fine which may be levied

on the basis of multiple charges filed together shall

be $1,000.

(ii) A person who causes, permits, requires or

otherwise allows another person to operate a motor

carrier vehicle, bus or school bus in violation of

subsection (b)(2.1) commits a summary offense and shall,

upon conviction, be sentenced to pay a fine of $300,

except that, if multiple charges are filed together, the

fine shall be $600 per violation.

(3) Any person who violates subsection (b.1) as it

relates to driver's hours of service commits a summary

offense and shall, upon conviction, be sentenced to pay a

fine of $500 per violation.

(4) The department shall coordinate with the commission

in the enforcement of this subsection and 66 Pa.C.S. §

3312(a).

(e) Exception for certain frozen dessert trucks.--Any frozen

dessert truck which is equipped with a side stop signal arm and

flashing or revolving red or amber lights may be operated within

this Commonwealth without violating the provisions of this part

and sections 4552 (relating to general requirements for school

buses), 4571 (relating to visual and audible signals on

emergency vehicles) and 4572 (relating to visual signals on

authorized vehicles) so long as the side stop signal arm and

the flashing or revolving red or amber lights are not utilized

or activated within this Commonwealth.

(June 19, 1985, P.L.49, No.20, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. imd.; June 19, 2001, P.L.281, No.21,

eff. imd.; Dec. 23, 2002, P.L.1982, No.229, eff. 6 months; July

5, 2005, P.L.100, No.37; Dec. 18, 2007, P.L.436, No.67, eff.

60 days; July 15, 2024, P.L. , No.61, eff. 60 days)

2024 Amendment. Act 61 amended subsecs. (a)(1) and (b)

intro. par. and added subsec. (b.2). Section 3 of Act 61

provided that any regulations or parts of regulations that are

inconsistent with Act 61 are abrogated to the extent of the

inconsistency.

2007 Amendment. Act 67 amended subsec. (d)(3).

2002 Amendment. Act 229 amended subsecs. (b) and (d).

2001 Amendment. Act 21 amended subsec. (d) and added subsec.

(b.1).

1998 Amendment. Act 151 added subsec. (e).

References in Text. Section 3312(a) of Title 66 (Public

Utilities), referred to in subsec. (d)(4), does not exist.

Cross References. Section 4107 is referred to in sections

4581, 6309 of this title.

§ 4108. Injunctive relief.

(a) General rule.--Upon petition by the department, any

court of competent jurisdiction in this Commonwealth may, for

cause shown, restrain violations of this part or restrain the

sale, offer for sale or use of any item of vehicle equipment

which is determined to be in violation of this part or

regulations promulgated pursuant thereto.

(b) Notice of contemplated action.--Whenever practicable,

the department shall give notice to any person against whom an

action for injunctive relief is contemplated and afford an

opportunity to present views and, except in the case of a

knowing and willful violation, shall afford reasonable

opportunity to achieve compliance. The failure to give notice

and afford such opportunity shall not preclude the granting of

appropriate relief.

proceeding for criminal contempt for violation of an injunction

or restraining order issued under this section, the court shall

sit without intervention of a jury.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

1978 Amendment. Act 53 amended subsec. (a).

Cross References. Section 4108 is referred to in section

4105 of this title; section 4136 of Title 42 (Judiciary and

Judicial Procedure).

CHAPTER 43

LIGHTING EQUIPMENT

Sec.

4301. Promulgation of regulations by department.

4302. Periods for requiring lighted lamps.

4303. General lighting requirements.

4304. Obstructed lights not required.

4305. Vehicular hazard signal lamps.

4306. Use of multiple-beam road lighting equipment.

4307. Use and display of illuminated signs.

4308. Lighted head lamps on school buses.

4309. Lighted head lamps in work zones.

4310. Motorcycle lighting.

Enactment. Chapter 43 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977, unless otherwise noted.

Cross References. Chapter 43 is referred to in sections

3526, 3581, 4101, 4552, 4905 of this title.

§ 4301. Promulgation of regulations by department.

The department shall promulgate regulations governing the

number, visibility, color, size, type, construction, location

and use of lamps, other lighting equipment and any

retroreflective surfaces on vehicles.

§ 4302. Periods for requiring lighted lamps.

(a) General rule.--The operator of a vehicle upon a highway

shall display the lighted head lamps and other lamps and

illuminating devices required under this chapter for different

classes of vehicles, subject to exceptions with respect to

parked vehicles, at the following times:

(1) Between sunset and sunrise.

(2) Any time when the operator cannot discern a person

or vehicle upon the highway from a distance of 1,000 feet

due to insufficient light or unfavorable atmospheric

conditions, including rain, snow, sleet, hail, fog, smoke

or smog.

(3) Any time when the vehicle's windshield wipers are

in continuous or intermittent use due to precipitation or

atmospheric moisture, including rain, snow, sleet or mist.

(b) Signal lights.--Stop lights, turn signals and other

signaling devices shall be lighted as prescribed in this title.

motorcycles.

(June 11, 1992, P.L.266, No.47, eff. 60 days; Dec. 9, 2002,

P.L.1278, No.152, eff. 60 days; Nov. 29, 2006, P.L.1449, No.159,

eff. 60 days)

2006 Amendment. Act 159 amended subsec. (a).

2002 Amendment. Act 152 added subsec. (c).

Cross References. Section 4302 is referred to in sections

3303, 3526 of this title.

§ 4303. General lighting requirements.

(a) Head lamps.--Every vehicle, except trailers, operated

on a highway shall be equipped with a head lamp system in

conformance with regulations of the department. The regulations

shall not prohibit a bus from being equipped with devices used

to carry pedalcycles on the front of the bus.

(b) Rear lighting.--Every vehicle operated on a highway

shall be equipped with a rear lighting system including, but

not limited to, rear lamps, rear reflectors, stop lamps and

license plate light, in conformance with regulations of the

department. If a vehicle is equipped with a centrally mounted

rear stop light, a decal or overlay may be affixed to the

centrally mounted rear stop light if the decal or overlay meets

all applicable State and Federal regulations.

vehicle, except motorcycles and pedalcycles, and every trailer

operated on a highway shall be equipped with a system of turn

signal lights and hazard warning lights in conformance with

regulations of the department.

(d) Identification, clearance and side marker lights.--Every

motor vehicle, trailer and combination operated on a highway

shall be equipped with a system of lights which may include

retroreflective reflectors, identification, clearance and side

marker lights in conformance with regulations of the department.

(e) Equipment exempted by regulation.--Antique motor

vehicles, animal-drawn vehicles, implements of husbandry,

commercial implements of husbandry and special mobile equipment,

if operated exclusively between the hours of sunrise and sunset

and not during periods of reduced visibility or insufficient

illumination, may be exempted from certain lighting equipment

requirements of this part by regulations of the department.

(f) Off-road lighting.--Off-road lighting lamps may be

mounted on the roof or roll bar of a vehicle and shall be

covered with an opaque covering that prohibits any light from

being emitted when the vehicle is being operated on a highway

or trafficway. Any person who illuminates an off-road lighting

lamp while the vehicle is being operated on a highway or a

trafficway commits a summary offense and shall, upon conviction,

be sentenced to pay a fine of $100.

(g) Snow plow lamps.--Snow plow lamps shall be installed

as follows:

(1) Snow plow lamps shall be wired through a double

throw switch so that both sets of lights will not operate

at the same time.

(2) Snow plow lamps shall be aimed so that the high

intensity beam does not project to left of extreme left side

of vehicle nor higher than center of lamp at a distance of

25 feet in front of vehicle. In no case shall the high

intensity portion of the beam be higher than 42 inches above

level surface at a distance of 75 feet ahead. The lamps shall

be spaced at a distance not less than 20 inches apart and

shall be symmetrically located on each side of the vehicle

centerline.

(3) Fog lamps, if installed on a vehicle equipped with

snow plow lamps, may be substituted for snow plow lamps

anytime when, due to unfavorable atmospheric conditions,

including rain, snow, sleet, hail, fog, smoke or smog,

persons or vehicles on the highway are not clearly

discernible to the operator for a distance of 1,000 feet

ahead. Fog lamps that are used in lieu of snow plow lamps

shall meet the same aiming requirements as snow plow lamps.

(Nov. 23, 1987, P.L.399, No.82, eff. 60 days; Nov. 24, 1992,

P.L.725, No.109, eff. 60 days; Dec. 18, 1992, P.L.1411, No.174,

eff. 60 days; Dec. 10, 1996, P.L.925, No.149, eff. 60 days;

Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 amended subsec. (a).

1996 Amendment. Act 149 added subsec. (g).

1992 Amendments. Act 109 added subsec. (f) and Act 174

amended subsec. (e).

1987 Amendment. Act 82 amended subsec. (b).

§ 4304. Obstructed lights not required.

Whenever motor and other vehicles are operated in combination

during the time that lights are required, any lamp (except a

tail lamp) need not be lighted which, by reason of its location

on a vehicle of the combination, is obscured by another vehicle

of the combination, but this does not affect the requirement

that lighted clearance lamps be displayed on the front of the

foremost vehicle required to have clearance lamps, nor that all

lights required on the rear of the rearmost vehicle of any

combination shall be lighted.

§ 4305. Vehicular hazard signal lamps.

(a) General rule.--Simultaneous flashing of the two front

and two rear signal lamps shall indicate a vehicular traffic

hazard. The driver of a motor vehicle equipped with simultaneous

flashing signals shall use the signals when the vehicle is

stopped or disabled on a highway, except when the vehicle is

stopped in compliance with a traffic-control device or when

legally parked. Drivers of other vehicles shall exercise

extraordinary care in approaching, overtaking and passing a

vehicle displaying vehicular hazard warning signals.

(b) Use outside business and residence districts.--Outside

of a business or residence district:

(1) The driver of a motor vehicle or combination

equipped with simultaneous flashing signals shall use the

signals when the vehicle is unable to maintain a speed of

at least 25 miles per hour because of weather, grade or other

similar factors or is unable to maintain a speed consistent

with the normal flow of traffic.

(2) The driver of a bus equipped with simultaneous

flashing signals shall use the signals when the bus is

stopped with one or more wheels on the roadway between dusk

and dawn for the purpose of receiving or discharging

passengers.

vehicle or combination equipped with simultaneous flashing

signals shall use the signals when the vehicle is not

maintaining at least the minimum speed established in accordance

with the provisions of section 3364 (relating to minimum speed

regulation).

(June 25, 1987, P.L.30, No.13, eff. 60 days)

Cross References. Section 4305 is referred to in section

3327 of this title.

§ 4306. Use of multiple-beam road lighting equipment.

(a) Approaching an oncoming vehicle.--Whenever the driver

of a vehicle approaches an oncoming vehicle within 500 feet,

the driver shall use the low beam of light.

(b) Approaching a vehicle from rear.--Whenever the driver

of a vehicle approaches another vehicle from the rear within

300 feet, the driver shall use the low beam of light.

(1) An emergency vehicle which is equipped with a

flashing headlamp system that conforms to regulations

promulgated by the department shall be exempt from the

provisions of this section only when the vehicle is being

used pursuant to the provisions of section 4571(e) (relating

to visual and audible signals on emergency vehicles).

(2) Nothing in this section shall limit drivers from

flashing high beams at oncoming vehicles as a warning of

roadway emergencies or other dangerous or hazardous

conditions ahead.

(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. imd.; June 26, 2001, P.L.734, No.75,

eff. 60 days)

§ 4307. Use and display of illuminated signs.

(a) General rule.--Except as otherwise provided in this

section, no vehicle shall bear or display any illuminated signs,

letters, numerals or figures of any kind whatsoever.

(b) Buses.--A bus or school bus may bear an illuminated

sign stating its use or destination.

of the vehicle illuminated signs placed so as not to interfere

with the vision of the driver through the rear window of the

vehicle. The size and placement of the sign must receive

approval of the department or be a type approved by the

department prior to use on the vehicle.

(c.1) Transportation network company

driver.--Notwithstanding any other provision of law or

regulation to the contrary, but subject to 53 Pa.C.S. § 57A01

(relating to definitions), a Transportation Network Company

Driver may display an illuminated sign provided by a

Transportation Network Company within the interior of his or

her vehicle so long as such sign is approved by the Pennsylvania

Public Utility Commission or the Philadelphia Parking Authority,

as applicable. The Transportation Network Company shall file

the illuminated sign with the Pennsylvania Public Utility

Commission for review and approval. If the Pennsylvania Public

Utility Commission does not approve the illuminated sign, the

Philadelphia Parking Authority may approve the illuminated sign

within their jurisdiction, after the Transportation Network

Company files the illuminated sign with the Philadelphia Parking

Authority for review and approval. The Pennsylvania Public

Utility Commission and the Philadelphia Parking Authority shall

each have 15 business days to review the illuminated sign, as

applicable.

(d) Trucks and truck tractors.--A truck or truck tractor

may carry on the top of the cab roof an illuminated sign placed

so as not to interfere with the vision of the driver through

the windshield of the vehicle. Illuminated signs so placed shall

be of a size and type designed not to interfere with or unduly

distract the drivers of other vehicles on the highway. The type,

size and placement of the sign must receive approval of the

department or be a type approved by the department prior to use

on the vehicle.

(e) Implements of husbandry.--An implement of husbandry or

vehicle used exclusively for highly perishable crops for

processing, operating between sunset and sunrise, shall have

two rotating yellow beacons and four-way flashers operating.

(f) Food delivery vehicle.--A food delivery vehicle may

display an illuminated sign which shall be of a

department-approved size and type designed not to interfere

with or unduly distract the drivers of other vehicles on the

highway. The department shall promulgate regulations setting

forth the size, type and placement of signs approved for use

under this subsection.

(f.1) Illuminated decal.--A vehicle may display a single

illuminated decal in the corner of the rear window so as not

to interfere with the driver or unduly distract a driver of

another vehicle upon the highway or trafficway.

(g) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Food delivery vehicle." A vehicle engaged in the

transportation or conveyance of food products or items from

their place of origin or production to a place of delivery. The

vehicle may make intermittent stops that are customary in the

routine conduct of the business for which the transportation

occurs.

"Illuminated decal." A battery-powered device measuring no

greater than six inches in width and six inches in height with

an illumination source not designed to project light beyond the

vehicle, but only to provide backlighting for a graphic.

(July 10, 1981, P.L.259, No.86, eff. 60 days; June 30, 1990,

P.L.266, No.63, eff. imd.; Dec. 18, 2007, P.L.436, No.67, eff.

60 days; July 5, 2012, P.L.934, No.99, eff. 60 days; Oct. 24,

2018, P.L.705, No.108, eff. 60 days)

2018 Amendment. Act 108 added subsec. (c.1).

2012 Amendment . Act 99 amended subsec. (g) and added

subsec. (f.1).

2007 Amendment. Act 67 added subsecs. (f) and (g).

1990 Amendment. Act 63 added subsec. (e).

§ 4308. Lighted head lamps on school buses.

Every school bus shall display lighted head lamps during the

entire period that the school bus is in operation.

(Dec. 11, 1986, P.L.1530, No.166, eff. 60 days)

1986 Amendment. Act 166 added section 4308.

§ 4309. Lighted head lamps in work zones.

(a) Lighted head lamps required.--Head lamps shall be

lighted on every vehicle driving through a signed work zone.

The department, local authorities or utilities, as the case may

be, shall post or require its contractor to post, in advance

of every work zone, an official sign warning drivers to light

their vehicles' head lamps for an upcoming work zone.

(b) Penalty.--A person who fails to comply with the

requirements of subsection (a) commits a summary offense and

shall, upon conviction, be sentenced to pay a fine of $25. No

person shall be convicted of a violation of subsection (a)

unless the person is also convicted of another violation of

this title which occurred at the same time. No costs as

described in 42 Pa.C.S. § 1725.1 (relating to costs) shall be

imposed for summary conviction of subsection (a). Conviction

under this subsection shall not constitute a moving violation.

(Dec. 23, 2002, P.L.1982, No.229, eff. 60 days)

2002 Amendment. Act 229 added section 4309.

§ 4310. Motorcycle lighting.

Auxiliary lighting may be added to a motorcycle to protect

the driver, including blue dot illumination, standard bulb

running lights and light-emitting diode (LED) pods and strips.

(June 29, 2006, P.L.205, No.50, eff. 60 days)

2006 Amendment. Act 50 added section 4310.

CHAPTER 45

OTHER REQUIRED EQUIPMENT

Subchapter

A. Brake Equipment

B. Safety and Anti-pollution Equipment

C. Vehicles for Transportation of School Children

D. Equipment of Authorized and Emergency Vehicles

E. Occupant Protection

Enactment. Chapter 45 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977, unless otherwise noted.

Cross References. Chapter 45 is referred to in sections

3581, 4101 of this title.

SUBCHAPTER A

BRAKE EQUIPMENT

Sec.

4501. Promulgation of regulations by department.

4502. General requirements for braking systems.

§ 4501. Promulgation of regulations by department.

The department shall promulgate regulations governing the

type, size, construction, location and use of brake equipment

taking into consideration different requirements for different

classes or types of vehicles. The authority granted in this

section includes the power to regulate the performance of the

brake system on a vehicle.

§ 4502. General requirements for braking systems.

(a) Parking brakes.--Every vehicle or combination, except

a motorcycle, operated on a highway shall be equipped with a

parking brake system adequate to hold the vehicle or combination

on any grade on which it is operated, under all conditions of

loading, on a surface free of ice or snow. The system shall not

be designed to require a continuous or intermittent source of

energy for full effectiveness after initial application.

(b) Service brakes.--Every vehicle and combination operated

on a highway shall be equipped with a service brake system

adequate to control the movement of and to stop and hold the

vehicle or combination on any grade on which it is operated,

under all conditions of loading, and adequate to meet the

braking performance standards established by regulation of the

department.

highway, the towed vehicle of which is equipped with brakes or

which has a gross weight in excess of 3,000 pounds, shall be

so equipped that, upon breakaway of the towed vehicle, the towed

vehicle shall be stopped and held automatically, and the towing

vehicle shall be capable of being stopped and held by use of

its own service braking system.

(d) Exceptions.--This section does not apply to towed

instruments of husbandry and such items or types of special

mobile equipment or commercial implements of husbandry as are

specifically exempted from compliance by regulations promulgated

by the department.

(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days)

1992 Amendment. Act 174 amended subsec. (d).

Cross References. Section 4502 is referred to in section

3716 of this title.

SUBCHAPTER B

SAFETY AND ANTI-POLLUTION EQUIPMENT

Sec.

4521. Promulgation of regulations by department.

4522. Effect of amendments to Federal regulations (Repealed).

4523. Exhaust systems, mufflers and noise control.

4524. Windshield obstructions and wipers.

4525. Tire equipment and traction surfaces.

4526. Safety glass.

4527. Image display device.

4528. Fire extinguishers.

4529. Slow moving vehicle emblem.

4530. Portable emergency warning devices.

4531. Emission control systems.

4532. Smoke control for diesel-powered motor vehicles.

4533. Rear wheel shields.

4534. Rearview mirrors.

4535. Audible warning devices.

4536. Bumpers.

4537. Device used to carry pedalcycles.

§ 4521. Promulgation of regulations by department.

The department shall promulgate regulations governing the

number, size, color, type, construction, location and use of

other equipment on vehicles consistent with but not limited by

the provisions of this subchapter and taking into consideration

different requirements for different classes or types of

vehicles.

§ 4522. Effect of amendments to Federal regulations (Repealed).

1985 Repeal. Section 4522 was repealed June 19, 1985,

P.L.49, No.20, effective in 60 days.

§ 4523. Exhaust systems, mufflers and noise control.

(a) Compliance with established sound levels.--Every motor

vehicle operated on a highway shall be constructed, equipped,

maintained and operated so as not to exceed the sound level for

the vehicle as prescribed in regulations promulgated by the

department. The test procedures and instrumentation to be

utilized shall also be established by regulation.

(b) Compliance with exhaust requirements.--In addition to

any requirements established under sections 4531 (relating to

emission control systems) and 4532 (relating to smoke control

for diesel-powered motor vehicles), every motor vehicle shall

be constructed, equipped, maintained and operated so as to

prevent engine exhaust gases from penetrating and collecting

in any part of the vehicle occupied by the driver or passengers.

shall be equipped with a muffler or other effective noise

suppressing system in good working order and in constant

operation and no muffler or exhaust system shall be equipped

with a cutout, bypass or similar device.

(d) Unauthorized modification of equipment.--No person shall

modify the exhaust system of a motor vehicle in a manner which

will amplify or increase the noise emitted by the motor of the

vehicle above the maximum levels permitted under subsection (a)

or violate the provisions of subsection (b). Headers and side

exhausts are permitted provided the vehicle meets all the

requirements of this section.

(e) Fire equipment and racing vehicles.--This section does

not apply to fire equipment or to racing vehicles being operated

in an organized racing or competitive event conducted under a

permit issued by local authorities.

§ 4524. Windshield obstructions and wipers.

(a) Obstruction on front windshield.--No person shall drive

any motor vehicle with any sign, poster or other nontransparent

material upon the front windshield which materially obstructs,

obscures or impairs the driver's clear view of the highway or

any intersecting highway except an inspection certificate,

sticker identification sign on a mass transit vehicle or other

officially required sticker and no person shall drive any motor

vehicle with any ice or snow on the front windshield which

materially obstructs, obscures or impairs the driver's clear

view of the highway or any intersecting highway.

(b) Obstruction on side and rear windows.--No person shall

drive a motor vehicle with any sign, poster or other

nontransparent material, including ice or snow, upon the side

wings or side or rear windows of the vehicle which materially

obstructs, obscures or impairs the driver's clear view of the

highway or any intersecting highway. The placement of a

registration permit upon the side or rear window of a vehicle

shall not be considered a material obstruction.

vehicle with any object or material hung from the inside

rearview mirror or otherwise hung, placed or attached in such

a position as to materially obstruct, obscure or impair the

driver's vision through the front windshield or any manner as

to constitute a safety hazard.

(d) Windshield wiper systems.--The windshield on every motor

vehicle other than a motorcycle or special mobile equipment

shall be equipped with a wiper system capable of cleaning rain,

snow or other moisture from the windshield, and so constructed

as to be controlled or operated by the driver of the vehicle.

(e) Sun screening and other materials prohibited.--

(1) No person shall drive any motor vehicle with any

sun screening device or other material which does not permit

a person to see or view the inside of the vehicle through

the windshield, side wing or side window of the vehicle.

(2) This subsection does not apply to:

(i) A vehicle which is equipped with tinted windows

of the type and specification that were installed by the

manufacturer of the vehicle or to any hearse, ambulance,

government vehicle or any other vehicle for which a

currently valid certificate of exemption has been issued

in accordance with regulations adopted by the department.

(ii) A vehicle which is equipped with tinted

windows, sun screening devices or other materials which

comply with all applicable Federal regulations and for

which a currently valid certificate of exemption for

medical reasons has been issued in accordance with

regulations adopted by the department.

(3) A certificate of exemption shall be issued by the

department for a vehicle which is:

(i) Registered in this Commonwealth on the effective

date of this subsection and is equipped with a sun

screening device or other material prohibited under

paragraph (1) on the effective date.

(ii) Equipped with tinted windows, sun screening

devices or other materials for a physical condition that

makes it necessary to equip the motor vehicle with sun

screening material which would be of a light

transmittance or luminous reflectance in violation of

this section.

(A) A certificate of exemption for medical

reasons shall be issued only if the owner or

registrant of the vehicle, or a person residing in

the household of the owner or registrant who

regularly drives or is driven in the vehicle, suffers

from a physical condition determined by the

department, in consultation with the Medical Advisory

Board, to justify the exemption.

(B) Any person requesting an exemption for

medical reasons shall have his physical condition

certified to the department by a licensed physician

or optometrist.

(4) A certificate of exemption issued under this

subsection shall be carried in the vehicle and displayed on

request of a police officer.

(5) Upon the sale or transfer of the vehicle to any

person who does not qualify under paragraph (2)(ii), the

exemption shall be null and void. Prior to the sale or

transfer of an exempt vehicle, it shall be the sole

responsibility of the owner or seller of a formerly exempt

vehicle to remove all sun screening or other materials from

the vehicle. At the time of the sale or transfer of a

formerly exempt vehicle, the owner shall remove and destroy

the certificate of exemption for physical reasons and provide

the purchaser with a notarized statement setting forth the

name and address of the owner or seller, the vehicle

identification number, year and model, and the business

entity and process used to remove the sun screening or other

material.

(f) Exception.--This section does not apply to mobile video

recording equipment installed in a vehicle exclusively used for

official police purposes.

(Feb. 15, 1980, P.L.12, No.8, eff. imd.; Dec. 8, 1982, P.L.842,

No.234, eff. Apr. 1, 1983; July 10, 1984, P.L.679, No.146, eff.

60 days; Nov. 21, 1990, P.L.556, No.137, eff. 180 days; June

22, 2001, P.L.559, No.37, eff. 60 days; June 11, 2002, P.L.370,

No.53, eff. imd.)

2002 Amendment. Act 53 added subsec. (f). Section 3 of Act

53 provided that subsec. (f) shall apply upon the enactment of

a statute providing for the intercepting and recording of oral

communications under 18 Pa.C.S. § 5704. Act 52 of 2002,

effective June 11, 2002, added provisions relating to the

intercepting and recording of oral communications under 18

Pa.C.S. § 5704.

2001 Amendment. Act 37 amended subsec. (b).

1990 Amendment. Act 137 amended subsec. (e).

Cross References. Section 4524 is referred to in section

8117 of Title 74 (Transportation).

§ 4525. Tire equipment and traction surfaces.

(a) General rule.--No vehicle shall be operated on the

highway unless the vehicle is equipped with tires of a type,

size and construction approved by the department for the vehicle

and unless the tires are in a safe operating condition as

determined in accordance with regulations of the department,

except that commercial implements of husbandry may be equipped

with tires marked for nonhighway use.

(b) Vehicles not equipped with pneumatic tires.--It is

unlawful for any person to operate or move, or cause or permit

to be moved, in contact with any highway any vehicle equipped

with traction or road contact surfaces other than pneumatic

tires unless of a type, size and construction permitted by

regulations of the department and unless the movement is made

under specific conditions allowed by regulations of the

department.

tire studs of wear resisting material have been installed which

provide resiliency upon contact with the road and which have

projections not exceeding two thirty-seconds of an inch beyond

the tread of the traction surface of the tire shall be permitted

between November 1 of each year and April 15 of the following

year. The Governor may by executive order extend the time tires

with ice grips or tire studs may be used when highway conditions

are such that such tires would be a safety factor in traveling

Commonwealth highways. The use of tires with ice grips or tire

studs contrary to the provisions of this subsection shall be

unlawful.

(d) Tire chains.--Tire chains may be temporarily used on

vehicles during periods of snow and ice emergency if they are

in conformance with regulations promulgated by the department.

(e) Penalty.--

(1) Any person violating the provisions of subsection

thereof, shall be sentenced to pay a fine as indicated in

paragraph (2) and, in default of payment thereof, shall

undergo imprisonment for not more than 30 days.

(2) Fines for violation of subsection (c) relating to

the period of use of ice grips or tire studs shall be

determined from the following chart based on the period of

unauthorized use:

$35April 16 to May 31

45June 1 to June 30

55July 1 to July 31

55August 1 to August 31

55September 1 to September 30

55October 1 to October 31

(3) Fines for any other violation of subsection (c)

shall be determined according to the chart in paragraph (2)

except that fines for violations occurring between November

1 to April 15 shall be $10.

(Nov. 10, 1979, P.L.460, No.95, eff. imd.; July 10, 1984,

P.L.679, No.146, eff. 60 days; May 20, 1993, P.L.30, No.10,

eff. 60 days)

1993 Amendment. Act 10 amended subsec. (a).

1984 Amendment. Act 146 amended subsecs. (c) and (e).

§ 4526. Safety glass.

(a) Safety glass required.--It is unlawful to sell or to

operate on any highway in this Commonwealth any vehicle

manufactured or assembled after January 1, 1934, and registered

in this Commonwealth unless the vehicle is equipped with safety

glass or similar material, which is in compliance with

regulations promulgated by the department, wherever transparent

or translucent material is used in the vehicle in doors,

windows, windshields and wings.

(b) Replacement of glass.--It is unlawful for the owner of

any vehicle to have safety glass, broken or otherwise, in the

windshields, doors, windows or wings of the vehicle replaced

with any glass other than safety glass. It is unlawful for any

person to install in the windshields, doors, windows or wings

of any vehicle any glass other than safety glass.

of any violation of any provision of this section by any common

carrier or person operating under a certificate of authority

issued by the Pennsylvania Public Utility Commission, the

certificate shall either be revoked or, in the discretion of

the commission, suspended until the provision or provisions are

complied with to the satisfaction of the commission.

(d) Exception.--This section does not apply to house

trailers.

§ 4527. Image display device.

(a) General rule.--No motor vehicle shall be operated on a

highway with an image display device where a broadcast

television image, a live stream video image from the Internet,

satellite or any other source or a prerecorded video image is

visible to the driver while the vehicle is in motion.

(b) Exception.--This section shall not apply to the

following:

(1) Television-type receiving equipment in a vehicle

used exclusively for safety or law enforcement purposes as

approved by the Pennsylvania State Police.

(2) Image display devices used in conjunction with any

of the following:

(i) A vehicle information display.

(ii) A global positioning device.

(iii) A mapping display.

(iv) A visual display used to enhance or supplement

the driver's view forward, behind or to the sides of a

motor vehicle for the purpose of maneuvering the vehicle.

(v) A visual display used to enhance or supplement

a driver's view of vehicle occupants.

(vi) A visual display used exclusively for safety

or traffic engineering information.

(vii) A television receiver, video monitor,

television or video screen or any other similar means

of visually displaying a television broadcast or video

signal, if that equipment has an interlock device that,

when the motor vehicle is driven, disables the equipment

from displaying a broadcast television image, live stream

video image from the Internet, satellite or any other

source or a prerecorded video image.

(Apr. 29, 1994, P.L.148, No.25, eff. imd.; Apr. 20, 2016,

P.L.151, No.19, eff. 60 days)

§ 4528. Fire extinguishers.

Every vehicle towing a house trailer, every motor home and

every motor vehicle with a mounted truck-camper shall be

equipped with at least one fire extinguisher of a type and size

approved by the department.

§ 4529. Slow moving vehicle emblem.

(a) General rule.--All implements of husbandry, commercial

implements of husbandry and special mobile equipment designed

to operate at 25 miles per hour or less and all animal-drawn

vehicles shall, when traveling on a highway, display on the

rear of the vehicle a reflective slow moving vehicle emblem as

specified in regulations of the department. The use of the slow

moving vehicle emblem shall be in addition to any other lighting

devices or equipment required by this title.

(b) Limitations on use or display.--No person shall use or

display the slow moving vehicle emblem except as provided in

this section nor shall any person display the emblem on a

vehicle traveling at a speed in excess of 25 miles per hour.

displayed on a slow moving vehicle which is being towed on a

highway unless the towing vehicle displays the emblem in such

a manner as to be clearly visible from the rear.

(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days)

1992 Amendment. Act 174 amended subsec. (a).

§ 4530. Portable emergency warning devices.

(a) General rule.--Every truck, other than a truck

registered as either a Class I or Class II having a gross weight

of 7,000 pounds or less, truck tractor and bus and any motor

vehicle towing a trailer shall carry at least three portable

emergency warning devices of a type specified by regulations

promulgated by the department. The regulations shall be

consistent with Motor Carrier Safety Regulations, Department

of Transportation, Federal Highway Administration, Bureau of

Motor Carrier Safety, section 393.95.

(b) When display required.--Whenever any vehicle of a type

referred to in subsection (a) is disabled or stopped for more

than ten minutes upon a roadway or shoulder outside of an urban

district, or upon any divided highway, the driver of the vehicle

shall display the portable warning devices of the type required

under subsection (a) in such manner as the department shall

direct by regulations.

(July 10, 1984, P.L.679, No.146, eff. 60 days)

§ 4531. Emission control systems.

(a) Compliance with established maximum levels.--No vehicle

manufactured in compliance with the requirements of the Clean

Air Act (77 Stat. 392, 42 U.S.C. § 1857), or any amendments or

supplements thereto, shall have emissions exceeding the maximum

permissible levels prescribed by law.

(b) Limitation on alteration of system.--No person shall

disable, change or alter the emission control system of a

vehicle. Original emission control components or replacements

in kind shall be present and functioning on all vehicles. A

subject vehicle may be equipped with any added components which

are designed to improve emissions. It is unlawful for a subject

vehicle that is not in compliance with the preceding

requirements to be operated under its own power until a

reinspection at an official emission inspection station

establishes its full compliance, provided that it shall be

lawful for the vehicle to be operated under its own power by

the vehicle owner while en route to the official emission

inspection station for a reinspection.

altered systems.--No person shall knowingly sell or operate a

vehicle whose emission control system has been disabled, changed

or altered from its original design specifications, except for

in-kind replacement of system components and added components

which are designed to improve emissions.

(Dec. 16, 1992, P.L.1250, No.166; Dec. 28, 1994, P.L.1450,

No.172, eff. 60 days)

1994 Amendment. Act 172 amended subsec. (c).

Automobile Emission Program. Section 12 of Act 129 of 1982

provided that nothing in Act 129 shall be construed as requiring

an automobile emission program. The notice stating that the

enhanced emission inspection program will commence January 2,

1995, was published in the Pennsylvania Bulletin on October 29,

1994, at 24 Pa.B. 5472.

Cross References. Section 4531 is referred to in section

4523 of this title.

§ 4532. Smoke control for diesel-powered motor vehicles.

(a) Standards and inspection.--The department shall

promulgate regulations for the control of smoke from

diesel-powered motor vehicles prescribing standards, inspection

procedures and inspection equipment.

(b) Compliance with standards.--No person shall operate a

diesel-powered motor vehicle on a highway in such a manner that

the smoke emitted exceeds the standards established under this

section. Each day of operation in violation shall constitute a

separate offense under this subsection.

in violation of this section shall, upon written notice, be

given the opportunity to correct the violation within 48 hours.

If sufficient proof of correction is furnished to the arresting

officer or his representative within 48 hours of the delivery

of the written notice, no prosecution of the violation shall

be brought.

(d) Limitation on alteration of system.--No person shall

intentionally change or alter a factory installed smoke control

system on any diesel-powered vehicle or its fuel system so as

to limit the ability of the system to control smoke, and no

person shall remove the smoke control system except for repair

or installation of a proper replacement.

Cross References. Section 4532 is referred to in section

4523 of this title.

§ 4533. Rear wheel shields.

Every truck with a gross weight exceeding 11,000 pounds,

trailer and truck tractor (without a semitrailer) driven on a

highway shall be so constructed or equipped as to bar water or

other road surface substances thrown from the rear wheels of

such vehicle or combination at tangents exceeding 22 1/2

degrees, measured from the road surface, from passing in a

straight line to the rear of such vehicle or combination.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

§ 4534. Rearview mirrors.

No person shall operate a motor vehicle or combination on a

highway unless the vehicle or combination is equipped with at

least one mirror, or similar device, which provides the driver

an unobstructed view of the highway to the rear of the vehicle

or combination. This section shall not apply to any special

mobile equipment, commercial implement of husbandry or implement

of husbandry that is not so equipped by the original

manufacturer.

(June 23, 1982, P.L.605, No.171, eff. imd.; Dec. 18, 1992,

P.L.1411, No.174, eff. 60 days)

Cross References. Section 4534 is referred to in section

4107 of this title.

§ 4535. Audible warning devices.

(a) General rule.--Every motor vehicle operated on a highway

shall be equipped with a horn or other audible warning device

of a type approved in regulations of the department.

(b) Certain sound devices prohibited.--Except as

specifically provided in this part or by regulations of the

department, no vehicle operated on a highway shall be equipped

with a siren, bell, whistle or any device emitting a similar

sound or any unreasonably loud or harsh sound.

mobile equipment, commercial implement of husbandry or implement

of husbandry that is not so equipped by the original

manufacturer.

(June 23, 1982, P.L.605, No.171, eff. imd.; Dec. 18, 1992,

P.L.1411, No.174, eff. 60 days)

1992 Amendment. Act 174 amended subsec. (c).

§ 4536. Bumpers.

No person shall operate any vehicle upon a highway without

bumpers of a type specified by regulations of the department

in both the front and rear unless the vehicle was originally

designed and manufactured to be used without bumpers. This

section shall not apply to any special mobile equipment,

commercial implement of husbandry or implement of husbandry

that is not so equipped by the original manufacturer. The driver

of a commercial implement of husbandry equipped with vehicular

hazard signal lamps shall use the signals when the vehicle is

traveling below the speed limit on any highway if the vehicle

is not equipped with a rear bumper.

(June 23, 1982, P.L.605, No.171, eff. imd.; Dec. 18, 1992,

P.L.1411, No.174, eff. 60 days; May 20, 1993, P.L.30, No.10,

eff. 60 days)

§ 4537. Device used to carry pedalcycles.

Notwithstanding any other provision of this title to the

contrary, a bus used for public transportation shall be

permitted to operate with a device used to carry pedalcycles

mounted on the front of the bus if the device, including the

pedalcycles, does not extend more than 36 inches.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 added section 4537.

SUBCHAPTER C

VEHICLES FOR TRANSPORTATION OF

SCHOOL CHILDREN

Sec.

4551. Safety regulations.

4552. General requirements for school buses.

4553. General requirements for other vehicles transporting

school children.

§ 4551. Safety regulations.

(a) General rule.--All school buses and all other vehicles

used in the transportation of school children, owned by or under

contract with any school district or parochial or private

school, shall conform to standards prescribed by the department.

Regulations shall be promulgated by the department governing

the safe design, construction, equipment and operation of

vehicles engaged in the transportation of school children.

(b) Violation and penalty.--No person shall operate or

permit the operation of a vehicle of a type specified in this

subchapter which is not in compliance with the requirements of

this subchapter or applicable regulations issued under this

subchapter. Violation of this section constitutes a summary

offense punishable by a fine of not less than $50 nor more than

$100.

§ 4552. General requirements for school buses.

(a) Color and identification.--Every school bus shall be

of a uniform color scheme and labeled "School Bus" on both front

and rear as provided by regulation. Exterior labels and markings

other than those specifically required or permitted by law or

regulation shall be prohibited. This subsection shall not be

construed to prohibit the affixation of exterior labels or

stickers of a temporary nature which have been approved by the

school district as having educational value and which do not

obscure the "School Bus" labels.

(b) Visual signals.--In addition to the applicable lighting

requirements of Chapter 43 (relating to lighting equipment)

every school bus shall be equipped with a uniform front and

rear system of red and amber visual signals for the warning and

control of traffic during route operations as provided in

section 3345 (relating to meeting or overtaking school bus) and

in regulations of the department.

(b.1) Use of side stop signal arms.--Every school bus shall

be equipped with a side stop signal arm on the left side of the

vehicle. The side stop signal arm shall be automatically

activated whenever the bus is stopped with the red visual

signals in use and shall itself contain a flashing red light

connected to the same circuits as the red visual signals. The

side stop signal arm is mandated according to the following

schedule:

(1) School buses may be equipped with and use a side

stop signal arm on January 1, 1989.

(2) Every new school bus purchased and manufactured

after July 1, 1989, shall be equipped with a side stop signal

arm.

(3) By July 1, 1994, every school bus shall be equipped

with a side stop signal arm.

The department shall adopt regulations implementing this

subsection.

(b.2) Use of front crossing control arm.--Every school bus

shall be equipped with a crossing control arm on the front of

the vehicle. The crossing control arm shall be automatically

activated whenever the bus is stopped with the red visual

signals in use. The crossing control arm is mandated according

to the following schedule:

(1) School buses may be equipped with and use a crossing

control arm on January 1, 1999.

(2) Every school bus purchased and manufactured after

July 1, 1999, shall be equipped with a crossing control arm.

(3) By July 1, 2001, every school bus shall be equipped

with a crossing control arm.

(b.3) Strobe light.--School buses may be equipped with a

bright white strobe light affixed to the roof.

and constructed to provide a single, closed metal body with

adequate ventilation and an entrance door of adequate clearance

and safe design visible to and controlled only by the driver.

At least one emergency exit door of safe design and construction

and adequate labeling shall be located in or near the rear of

the school bus. All side windows shall be of a safe design which

will provide emergency egress for passengers.

(d) Seating.--Adequate seating space of safe design and

construction shall be provided for each passenger and no

passenger shall be carried for which adequate seating space is

not available and used.

(e) Visibility.--Every school bus shall be designed and

equipped so as to provide the driver with an unobstructed view

of any pedestrian in proximity to the vehicle.

(f) Emergency equipment.--Every school bus shall carry, in

good and usable condition, at least one fire extinguisher of

adequate size and type and such other emergency equipment as

regulations may prescribe.

(g) Emergency drills.--Each school district and the

administration of every private school within this Commonwealth

shall ensure, through adequate instruction and a minimum of two

actual drills each year, that every student is familiar with

school bus emergency procedures and equipment and safe loading

and unloading operations.

(h) Duty of department.--The department shall by regulation

adopt specific requirements implementing this section and any

additional requirements, not inconsistent with this section,

which will ensure the maximum safety of school children

furnished transportation. Unless required by Federal law or

regulation, the regulations established by the department shall

not require vehicles which pick up and discharge school children

only at locations off the highway to be of any particular color

or to display flashing red and amber lights.

(Dec. 19, 1988, P.L.1290, No.163, eff. imd.; Mar. 13, 1990,

P.L.69, No.14, eff. imd.; Dec. 21, 1998, P.L.1126, No.151, eff.

imd.)

1998 Amendment. Act 151 added subsecs. (b.2) and (b.3).

1990 Amendment. Act 14 amended subsec. (a).

1988 Amendment. Act 163 added subsec. (b.1).

Cross References. Section 4552 is referred to in sections

3345, 3345.1, 4107, 4921 of this title.

§ 4553. General requirements for other vehicles transporting

school children.

(a) Buses operated by urban mass transportation systems.--

(1) Buses, other than school buses, operated by urban

mass transportation systems for the exclusive transportation

of school children shall comply with Federal safety standards

and such other safety regulations as the Pennsylvania Public

Utility Commission and the department shall provide for such

buses.

(2) Buses, other than school buses, operated by urban

mass transportation systems for the exclusive or nonexclusive

transportation of school children may, at the option of the

urban mass transportation system, be equipped with flashing

red and amber lights and may be identified by appropriate

labeling as carrying school children. This equipment and

identifying labels shall conform to those regulations which

may be issued by the department under this paragraph.

Notwithstanding any other provision of law, buses which are

operated by urban mass transportation systems and which are

equipped and identified in accordance with this paragraph,

shall be considered school buses for purposes of section

3345(a), (b), (c), (d), (e), (f), (g) and (j) (relating to

meeting or overtaking school bus). The department may issue

those regulations it deems appropriate to implement this

paragraph.

(b) School-chartered bus.--In addition to school buses,

school-chartered buses, which are designed to transport 16 or

more passengers, including the driver, and which are operated

by a person holding a certificate of the Pennsylvania Public

Utility Commission or the Interstate Commerce Commission, may

be used under a short-term contract with a school which has

acquired the exclusive use of the vehicle at a fixed charge to

transport school children to a school-related event, provided

that the vehicle is not used to transport school children to

or from their residences or designated bus stops. A

school-chartered vehicle may be used without restriction for

the transportation of school children with special needs as may

be necessary to make reasonable accommodations pursuant to the

Americans with Disabilities Act of 1990 (Public Law 101-336,

104 Stat. 327).

children to or from school or in connection with school

activities, which is not a school bus because of its limited

seating capacity, shall comply with regulations established by

the department for such vehicles. Unless required by Federal

law or regulation, the regulations established by the department

shall not require vehicles which pick up and discharge school

children only at locations off the highway to be of any

particular color or to display flashing red and amber lights.

(July 10, 1984, P.L.679, No.146, eff. 60 days; May 20, 1993,

P.L.30, No.10, eff. imd.; Oct. 19, 2010, P.L.557, No.81, eff.

60 days)

2010 Amendment. Act 81 amended subsec. (b). The preamble

of Act 81 provided that Act 81 may be referred to as the Sgt.

Michael C. Weigand Law.

1993 Amendment. Act 10 relettered former subsec. (b) to

subsec. (c) and added present subsec. (b).

1984 Amendment. Act 146 amended subsec. (a).

SUBCHAPTER D

EQUIPMENT OF AUTHORIZED AND

EMERGENCY VEHICLES

Sec.

4571. Visual and audible signals on emergency vehicles.

4572. Visual signals on authorized vehicles.

4572.1. Flashing or revolving lights on tow trucks.

4572.2. Solid waste collection vehicles.

4573. Identification of certain vehicles.

Cross References. Subchapter D is referred to in section

3327 of this title.

§ 4571. Visual and audible signals on emergency vehicles.

(a) General rule.--Every emergency vehicle shall be equipped

with one or more revolving or flashing red lights and an audible

warning system. Spotlights with adjustable sockets may be

attached to or mounted on emergency vehicles.

(b) Police, sheriff, fire and coroner or medical examiner

vehicles.--

(1) Police, sheriff, coroner, medical examiner or fire

police vehicles may in addition to the requirements of

subsection (a) be equipped with one or more revolving or

flashing blue lights. The combination of red and blue lights

may be used only on police, sheriff, coroner, medical

examiner or fire police vehicles.

(2) Unmarked police and sheriff vehicles used as

emergency vehicles and equipped with audible warning systems

shall be equipped with the lights described in this

subsection.

(b.1) Mounted lights and additional equipment.--

(1) Police, sheriff and fire vehicles may be equipped

with a mounted rack containing one or more emergency warning

lights or side mounted floodlights or alley lights or all

such lights in conformance with department regulations.

(1.1) Nothing contained in the regulations under

paragraph (1) may be construed to require a limit,

modification or change of the lighting in police, sheriff

and fire vehicles legally complying with regulations as of

the date of enactment of this paragraph as long as the

vehicle is used as an emergency vehicle.

(2) Additional visual or audible warning signal

equipment, including, but not limited to, flashing headlamp

system, flashing or revolving white or clear lights, steady

burning lights, traffic-control emergency directional light

assembly, amber lights and intersection lights, may be

utilized on emergency vehicles in accordance with regulations

promulgated by the department.

(3) The department may not prohibit the use of flashing

or revolving lights mounted internally in the passenger

compartment of fire department vehicles or privately owned

vehicles used in answering an emergency call when used by a

fire police captain, fire police lieutenant, fire chief,

assistant chief and, when a fire company has three or more

fire vehicles, a second or third assistant chief that comply

with the department's regulations.

(3.1) Police and sheriff vehicles may be equipped with

flashing red and blue lights in reverse lamp assemblies.

(3.2) Emergency vehicles, other than police vehicles,

may be equipped with flashing red lights in reverse lamp

assemblies.

(4) On an annual basis, but no later than April 1 of

each year, the State Fire Commissioner may recommend to the

department any changes or challenges to the emerging

technology of the flashing or revolving lights mounted

internally or externally in privately owned vehicles of

volunteer firefighters when used in answering an emergency

call. The department, in consultation with the Pennsylvania

State Police, shall review the recommendations and may

promulgate any necessary regulations on the use, type and

installation of the emerging technology.

(b.2) Police officer special emergency response team

members.--A privately owned vehicle used in responding to an

emergency under 42 Pa.C.S. § 8953 (relating to Statewide

municipal police jurisdiction) by a police officer who is also

a member of a county or regional special emergency response

team shall be equipped with revolving or flashing red lights

and an audible warning system in accordance with subsection (a)

subject to the lights and audible warning system being returned

to the head of the special emergency response team upon

termination of a person's active status as a police officer or

active member of a special emergency response team.

(c.1) Public Utility Commission vehicles.--Vehicles owned

or operated by the Pennsylvania Public Utility Commission and

used in the enforcement of 66 Pa.C.S. Chs. 23 (relating to

common carriers) and 25 (relating to contract carrier by motor

vehicle and broker) may be equipped with revolving or flashing

red lights in accordance with subsection (a).

(d) Vehicles prohibited from using signals.--Except as

otherwise specifically provided in this section, no vehicle

other than an emergency vehicle may be equipped with revolving

or flashing lights or audible warning systems identical or

similar to those specified in subsections (a) and (b). A person

who equips or uses a vehicle with visual or audible warning

systems in violation of this section commits a summary offense

and shall, upon conviction, be sentenced to pay a fine of not

less than $500 nor more than $1,000.

(e) Authorized period of use.--The lights and warning

systems specified by this section may be used only during an

emergency, or in the interest of public safety, or by police

officers, sheriffs and deputy sheriffs in enforcement of the

law. Unauthorized use of the lights and warning systems

specified by this section shall be a summary offense punishable

by a fine of not less than $500 nor more than $1,000.

(f) Conformity with department regulations.--Except as

provided under subsections (b.1)(1.1) and (b.2), all equipment

authorized or required by this section shall conform to

department regulations.

(Feb. 15, 1980, P.L.12, No.8, eff. imd.; July 10, 1981, P.L.250,

No.82, eff. imd.; July 9, 1984, P.L.671, No.142, eff. imd.; May

9, 1986, P.L.158, No.51, eff. 60 days; Dec. 11, 1986, P.L.1530,

No.166, eff. 60 days; Mar. 13, 1990, P.L.69, No.14, eff. 60

days; Dec. 18, 1992, P.L.1411, No.174, eff. 60 days; June 26,

2001, P.L.734, No.75, eff. 60 days; July 8, 2016, P.L.477,

No.75, eff. imd.; Oct. 19, 2018, P.L.547, No.83, eff. 60 days)

2018 Amendment. Act 83 amended subsecs. (b.1)(3) and (f)

and added subsecs. (b.1)(3.1), (3.2) and (b.2).

2016 Amendment. Act 75 amended subsec. (f) and added

subsec. (b.1)(1.1), (3) and (4).

Cross References. Section 4571 is referred to in sections

1302, 4107, 4306 of this title.

§ 4572. Visual signals on authorized vehicles.

(a) Flashing or revolving blue lights.--Ambulance personnel,

volunteer firefighters, certified volunteer search and rescue

organization members and owners and handlers of dogs used in

tracking humans may each equip one motor vehicle with no more

than two flashing or revolving blue lights. The following shall

apply:

(1) In order to be eligible to display lights on their

vehicles under this subsection, the names of the ambulance

personnel, volunteer firefighters and certified volunteer

search and rescue organization members shall be submitted

to the nearest station of the Pennsylvania State Police on

a list signed by the chief of the ambulance or fire

department or company, the head of the search and rescue

organization, and each dog owner and handler shall register

at the nearest Pennsylvania State Police station.

(2) The manner in which the lights are displayed and

their intensity shall be determined by regulation of the

department.

(2.1) Nothing contained in the regulations under

paragraph (2) shall be construed to require a limit,

modification or change of the lighting in vehicles legally

complying with regulations as of the date of enactment of

this paragraph as long as the vehicle is used in a manner

that otherwise complies with this section.

(3) The lights shall be operable by the driver from

inside the vehicle.

(4) The lights may be used only while en route to or

at the scene of a fire or emergency call.

(5) The lights shall be removed from the vehicle

immediately upon receipt of notice from the chief of the

ambulance or fire department or company or the head of the

search and rescue organization to remove the lights upon

termination of the person's status as an active volunteer

firefighter or ambulance person or upon termination of the

person's active status as a certified volunteer search and

rescue organization member or dog owner or handler, or when

the vehicle is no longer used in connection with the person's

duties as a volunteer firefighter or ambulance person,

certified volunteer search and rescue organization member

or dog owner or handler.

(6) This subsection does not relieve the driver from

the duty to drive with due regard for the safety of all

persons nor exempt the driver from complying with all

provisions of this title.

(7) The department may not prohibit the use of flashing

or revolving blue lights mounted internally in the passenger

compartment of a privately owned vehicle used in answering

an emergency call that otherwise comply with the department's

regulations.

(b) Flashing or revolving yellow lights.--Vehicles

authorized pursuant to the provisions of sections 6106 (relating

to designation of emergency vehicles by Pennsylvania State

Police) and 6107 (relating to designation of authorized vehicles

by department), tow trucks and vehicles used for snow removal

may be equipped with one or more flashing or revolving yellow

lights. The manner in which the light or lights shall be

displayed and the intensity shall be determined by regulation

of the department.

(b.1) Yellow flashing or revolving lights on school

vehicles.--School vehicles may be equipped with a permanently

affixed or removable yellow flashing or revolving light, as

determined by regulation of the department. The light shall

only be activated when the vehicle is preparing to stop or is

stopped to load and unload students. Nothing under this

subsection shall be construed to permit an activity by a driver

of a school vehicle prohibited under section 3351 (relating to

stopping, standing and parking outside business and residence

districts) or 3353 (relating to prohibitions in specified

places).

(b.2) Flashing or revolving green lights.--

(1) In addition to flashing or revolving yellow lights,

a highway construction and maintenance vehicle may be

equipped with one or more flashing or revolving green lights.

The manner in which the lights are displayed and their

intensity shall be determined by regulation of the

department, in consultation with the Pennsylvania Turnpike

Commission.

(2) In order to facilitate the prompt implementation

of this subsection, regulations promulgated by the department

under this subsection during the three years following the

effective date of this subsection shall be deemed temporary

regulations, which shall expire upon the promulgation of

final regulations. The temporary regulations shall not be

subject to:

(i) Sections 201, 202, 203, 204 and 205 of the act

of July 31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law.

(ii) Section 204(b) of the act of October 15, 1980

(P.L.950, No.164), known as the Commonwealth Attorneys

Act.

(iii) The act of June 25, 1982 (P.L.633, No.181),

known as the Regulatory Review Act.

than a duly authorized vehicle may be equipped with lights

identical or similar to those specified in this section. A

person who equips or uses a vehicle with visual systems in

violation of this section commits a summary offense and shall,

upon conviction, be sentenced to pay a fine of not less than

$100 nor more than $500.

(d) Definitions.--As used in this section, the term "highway

construction and maintenance vehicle" means a motor vehicle or

device used by a municipality, the Pennsylvania Turnpike

Commission, the department or their contractors for the

maintenance, construction or repair of a highway or bridge. The

term includes, but is not limited to, a vehicle or device used

for snow removal, traffic-line-painting truck, sign and signal

maintenance truck, dump truck, street sweeper, mower, highway

inspection vehicle, vehicle used for traffic control and vehicle

involved in traffic studies or investigations or right-of-way

operations.

(June 26, 2001, P.L.734, No.75, eff. 60 days; Nov. 29, 2006,

P.L.1449, No.159, eff. 60 days; July 8, 2016, P.L.477, No.75,

eff. 60 days; Oct. 19, 2018, P.L.547, No.83, eff. 60 days; July

1, 2020, P.L.515, No.38, eff. 60 days)

2020 Amendment. Act 38 added subsec. (b.1).

2018 Amendment. Act 83 amended subsec. (a) intro. par. and

added subsec. (a)(7).

2016 Amendment. Act 75 added subsec. (a)(2.1).

2006 Amendment. Act 159 amended subsec. (a).

Cross References. Section 4572 is referred to in sections

3327, 4107, 4573 of this title.

§ 4572.1. Flashing or revolving lights on tow trucks.

(a) Colored lights.--

(1) Subject to subsection (b), tow trucks may be

equipped with one or more flashing or revolving yellow lights

and one or more flashing or revolving white lights. The

manner in which the light or lights shall be displayed shall

be determined by regulation of the department.

(2) Subject to subsection (b.1), tow trucks may be

equipped with one or more flashing or revolving yellow lights

and one or more flashing or revolving blue lights. The blue

lights shall only be equipped in the rear of the vehicle.

(b) Limitations on white lights.--The flashing or revolving

yellow and white lights under subsection (a)(1) on tow trucks

shall be activated only when the vehicle is actively performing

the type of work which is the basis of the designation of the

vehicle as an authorized vehicle or is within the vicinity of

an emergency response area. Tow trucks shall not operate with

activated flashing or revolving yellow and white lights under

subsection (a)(1) when:

(1) Not engaged in the act of towing a vehicle.

(2) Brake lights, turn signals and operating lights are

visible from the rear and not obstructed.

(3) The vehicle being towed does not trail behind the

tow truck and is securely positioned on the flatbed of the

tow truck with no parts of the towed vehicle overhanging.

(b.1) Limitations on blue lights.--A tow truck may only

operate with blue lights under subsection (a)(2) while the tow

truck is stationary on the side of the road or highway while

responding to a disabled vehicle. A tow truck shall not operate

with blue lights under subsection (a)(2) at any time while the

tow truck is in motion.

this subsection shall be a summary offense punishable by a fine

of $50.

(Oct. 19, 2018, P.L.547, No.83, eff. 60 days; Nov. 3, 2022,

P.L.2156, No.157, eff. 60 days)

2022 Amendment. Section 2 of Act 157 provided that all

regulations and parts of regulations are abrogated to the extent

of any inconsistency with the provisions of Act 157.

§ 4572.2. Solid waste collection vehicles.

(a) General rule.--Upon approaching and passing a stationary

solid waste collection vehicle that is giving a visual signal

by means of a bright yellow strobe light as required under

subsection (b), the driver of an approaching vehicle shall

proceed as follows:

(1) make a lane change into a lane not adjacent to the

solid waste collection vehicle, if possible in the existing

safety and traffic conditions; or

(2) if a lane change under paragraph (1) would be

impossible, prohibited by law or unsafe, reduce the speed

of the motor vehicle to a reasonable and proper speed for

the existing road and traffic conditions, which shall be

less than the posted speed limit, and be prepared to stop.

(b) Requirements for solid waste collection vehicles.--Solid

waste collection vehicles shall be equipped with a bright yellow

strobe light affixed to the roof, which shall be mounted to

provide visibility to vehicles approaching from any direction,

in accordance with department regulations. The strobe light

shall be active while stopped upon a street and while engaged

in the collection of garbage, solid wastes, recyclables and

refuse or while moving between stops at a speed not greater

than 10 miles per hour.

(Oct. 19, 2018, P.L.547, No.83, eff. 60 days)

2018 Amendment. Act 83 added section 4572.2.

§ 4573. Identification of certain vehicles.

(a) Commercial tow trucks.--Any truck which is used

commercially to tow other motor vehicles shall have the name

of the business, or person, operating the truck displayed on

signs on both sides of the truck.

(b) Certified escort vehicle.--Any certified escort vehicle

which is used to escort a super load as defined in section 3108

(relating to drivers of certified escort vehicles) shall display

the department's certification emblem, may use flashing or

revolving yellow lights in accordance with sections 4572

(relating to visual signals on authorized vehicles) and 6107

(relating to designation of authorized vehicles by department)

and shall comply with other department regulations, including

those pertaining to pilot cars.

(Oct. 10, 1980, P.L.791, No.147, eff. imd.; Oct. 30, 2015,

P.L.216, No.55, eff. 60 days)

Cross References. Section 4573 is referred to in section

4962 of this title.

SUBCHAPTER E

OCCUPANT PROTECTION

Sec.

4581. Restraint systems.

4582. Child Passenger Restraint Fund.

4583. Hospital information program.

4584. Oral hazard warning (Deleted by amendment).

4585. Use of information or evidence of violation of

subchapter.

4586. Civil immunity for child passenger safety technicians

and lenders of child passenger restraint systems and

booster seats.

Enactment. Subchapter E was added November 1, 1983, P.L.195,

No.53, effective immediately, unless otherwise noted.

Subchapter Heading. Subchapter E was amended June 13, 2016,

P.L.336, No.43, effective in 60 days.

Special Provisions in Appendix. See the preamble of Act 53

of 1983 in the appendix to this title for information relating

to legislative intent.

§ 4581. Restraint systems.

(a) Occupant protection.--

(1) (i) Except as provided under subparagraph (ii),

any person who is operating a passenger car, Class I

truck, Class II truck, classic motor vehicle, antique

motor vehicle or motor home and who transports a child

under four years of age anywhere in the motor vehicle,

including the cargo area, shall fasten such child

securely in a child passenger restraint system, as

provided in subsection (d).

(ii) Any person who is operating a passenger car,

Class I truck, Class II truck, classic motor vehicle,

antique motor vehicle or motor home and who transports

a child under two years of age anywhere in the motor

vehicle shall fasten such child securely in a rear-facing

child passenger restraint system, to be used until the

child outgrows the maximum weight and height limits

designated by the manufacturer, as provided in subsection

(d).

(iii) This paragraph shall apply to all persons

while they are operators of motor vehicles where a

seating position is available which is equipped with a

seat safety belt or other means to secure the systems

or where the seating position was originally equipped

with seat safety belts.

(1.1) Any person who is operating a passenger car, Class

I truck, Class II truck, classic motor vehicle, antique motor

vehicle or motor home and who transports a child four years

of age or older but under eight years of age anywhere in the

motor vehicle, including the cargo area, shall fasten such

child securely in a fastened safety seat belt system and in

an appropriately fitting child booster seat, as provided in

subsection (d). This paragraph shall apply to all persons

while they are operators of motor vehicles where a seating

position is available which is equipped with a seat safety

belt or other means to secure the systems or where the

seating position was originally equipped with seat safety

belts.

(2) (i) The driver of a passenger car, Class I truck,

Class II truck or motor home operated in this

Commonwealth shall:

(A) if under 18 years of age, be secured in a

properly adjusted and fastened safety seat belt

system; and

(B) secure or cause to be secured in a properly

adjusted and fastened safety seat belt every vehicle

occupant eight years of age or older but under 18

years of age.

(ii) Except for children under 18 years of age and

except as provided in paragraphs (1) and (1.1) and

subparagraph (i):

(A) Each driver and front seat occupant of a

passenger car, Class I truck, Class II truck, classic

motor vehicle, antique motor vehicle or motor home

operated in this Commonwealth shall wear a properly

adjusted and fastened safety seat belt system.

(B) Each driver, front seat occupant and back

seat occupant of a vehicle operated as provided under

section 4107(b.2) (relating to unlawful activities)

in this Commonwealth shall wear a properly adjusted

and fastened safety seat belt system.

(iii) This paragraph shall not apply to:

(A) A driver or front seat occupant of any

vehicle manufactured before July 1, 1966.

(B) A driver or front seat occupant who

possesses a written verification from a physician

that he is unable to wear a safety seat belt system

for physical or medical reasons, or from a

psychiatrist or other specialist qualified to make

an informed judgment that he is unable to wear a

safety seat belt system for psychological reasons.

motor vehicle during the performance of his duties

as a United States postal service rural letter

carrier only between the first and last delivery

points.

(D) A driver who makes frequent stops and is

traveling less than 15 miles per hour for the purpose

of delivering goods or services while in the

performance of his duties and only between the first

and last delivery points.

(iv) A violation of this paragraph shall not be

subject to the assessment of any points under section

1535 (relating to schedule of convictions and points).

(3) Notwithstanding the provisions of section

1503(c)(2.1) (relating to persons ineligible for licensing;

license issuance to minors; junior driver's license), a

driver who is under 18 years of age may not operate a motor

vehicle in which the number of passengers exceeds the number

of available safety seat belts in the vehicle.

(b) Offense.--Anyone who fails to comply with the provisions

of subsection (a)(1) or (1.1) commits a summary offense and

shall, upon conviction, be sentenced to pay a fine of $75. The

court imposing and collecting any such fines shall transfer the

fines thus collected to the State Treasurer for deposit in the

Child Passenger Restraint Fund, pursuant to section 4582

(relating to Child Passenger Restraint Fund). Anyone who

violates subsection (a)(2) or (3) commits a summary offense and

shall, upon conviction, be sentenced to pay a fine of $10. No

person shall be convicted of a violation of subsection

(a)(2)(ii) unless the person is also convicted of another

violation of this title which occurred at the same time. No

costs as described in 42 Pa.C.S. § 1725.1 (relating to costs)

shall be imposed for summary conviction of subsection (a)(2)

or (3). Conviction under this subsection shall not constitute

a moving violation.

by the proper authority for violation of subsection (a)(1) or

(1.1), a magisterial district judge, magistrate or judge shall

dismiss the charges if the person prior to or at the person's

hearing displays evidence of acquisition of a child passenger

restraint system or child booster seat to such magisterial

district judge, magistrate or judge. Sufficient evidence shall

include a receipt mailed to the appropriate court officer which

evidences purchase, rental, transferal from another child seat

owner (evidenced by notarized letter) or bailment from a bona

fide loaner program of a child passenger restraint system or

child booster seat.

(d) Standards.--

(1) A child passenger restraint system shall be used

as designated by the manufacturer of the system in motor

vehicles equipped with seat safety belts and shall meet the

Federal Motor Vehicle Safety Standard (49 C.F.R. § 571.213).

(2) A child booster seat shall be used as designated

by the manufacturer of the system in motor vehicles equipped

with seat safety belts and shall meet the Federal Motor

Vehicle Safety Standard (49 CFR § 571.213) that is designed

to elevate a child to properly sit in a federally approved

safety seat belt system.

(e) Civil actions.--In no event shall a violation or alleged

violation of this subchapter be used as evidence in a trial of

any civil action; nor shall any jury in a civil action be

instructed that any conduct did constitute or could be

interpreted by them to constitute a violation of this

subchapter; nor shall failure to use a child passenger restraint

system, child booster seat or safety seat belt system be

considered as contributory negligence nor shall failure to use

such a system be admissible as evidence in the trial of any

civil action; nor shall this subchapter impose any legal

obligation upon or impute any civil liability whatsoever to an

owner, employer, manufacturer, dealer or person engaged in the

business of renting or leasing vehicles to the public to equip

a vehicle with a child passenger restraint system or child

booster seat or to have such child passenger restraint system

or child booster seat available whenever their vehicle may be

used to transport a child.

(f) Criminal proceedings.--The requirements of this

subchapter or evidence of a violation of this subchapter are

not admissible as evidence in a criminal proceeding except in

a proceeding for a violation of this subchapter. No criminal

proceeding for the crime of homicide by vehicle shall be brought

on the basis of noncompliance with this subchapter.

(g) Exemptions.--Exemptions will be allowed if it is

determined, according to the rules and regulations of the

department, that the use of a child passenger restraint system

or child booster seat would be impractical for physical reasons

including, but not limited to, medical reasons or size of the

child.

(h) Insurance.--An insurer may not charge an insured who

has been convicted of a violation of this section a higher

premium for a policy of insurance in whole or in part by reason

of that conviction.

(Nov. 23, 1987, P.L.399, No.82, eff. imd.; June 22, 1993,

P.L.101, No.22, eff. 60 days; June 25, 1999, P.L.164, No.23;

Dec. 23, 2002, P.L.1982, No.229, eff. 60 days; Nov. 30, 2004,

P.L.1618, No.207, eff. 60 days; Oct. 25, 2011, P.L.334, No.81,

eff. 60 days; June 13, 2016, P.L.336, No.43, eff. 60 days; July

15, 2024, P.L. , No.61, eff. 60 days)

2024 Amendment. Act 61 amended subsec. (a)(2)(ii). Section

3 of Act 61 provided that any regulations or parts of

regulations that are inconsistent with Act 61 are abrogated to

the extent of the inconsistency.

2016 Amendment. Act 43 amended subsec. (a)(1), (1.1) and

(2)(i). See section 3 of Act 43 in the appendix to this title

for special provisions relating to duties of law enforcement

officials.

2011 Amendment. Act 81 amended subsecs. (a) and (b).

2004 Amendment. Act 207 amended subsec. (c). See section

29 of Act 207 in the appendix to this title for special

provisions relating to construction of law.

1987 Amendment. See sections 8, 9 and 10 of Act 82 in the

appendix to this title for special provisions relating to

compatibility with Federal safety standards, seat belt

educational program and seat belt oral hazard warnings.

Cross References. Section 4581 is referred to in sections

3527, 3594, 4107, 4582, 4586 of this title.

§ 4582. Child Passenger Restraint Fund.

A Child Passenger Restraint Fund is established in the

General Fund as a special restricted receipts account hereby

earmarked for and appropriated to the department. This fund

shall consist of all fines deposited pursuant to section 4581(b)

(relating to restraint systems), all Federal funds granted for

said use and any moneys donated into the fund. All such funds

shall be used solely for the purpose of purchasing Federally

approved child restraint seats or appropriately fitting child

booster seats and making such seats available to qualified

loaner programs within the Commonwealth. A qualified loaner

program shall be one determined by the department to loan

Federally approved child restraint seats or appropriately

fitting child booster seats to parents or legal guardians of

children under eight years of age who, due to financial or

economic hardship, are unable to comply with the provisions of

this subchapter. The department shall adopt such regulations

as are necessary to effectuate the purpose of this section.

(July 15, 2004, P.L.694, No.75, eff. 60 days)

Cross References. Section 4582 is referred to in section

4581 of this title.

§ 4583. Hospital information program.

(a) Availability of restraint devices.--The hospital, in

conjunction with the attending physician, shall provide the

parents of any newborn child with any information regarding the

availability of loaner or rental programs for child restraint

devices that may be available in the community where the child

is born.

(b) Instruction and education programs.--The department

shall provide instructional and educational program material

through all current public information channels and to all

relevant State and Federally funded, community-based programs

for maximum distribution of information about this child

passenger protection law.

§ 4584. Oral hazard warning (Deleted by amendment).

2004 Amendment. Section 4584 was deleted by amendment July

15, 2004, P.L.694, No.75, effective in 60 days.

§ 4585. Use of information or evidence of violation of

subchapter.

The requirements of this subchapter or evidence of a

violation of this subchapter may not be used by an insurer for

any purpose.

§ 4586. Civil immunity for child passenger safety technicians

and lenders of child passenger restraint systems and

booster seats.

(a) Technician immunity.--A child passenger safety

technician or sponsoring organization shall not be civilly

liable for an act or omission that occurs solely in the

inspection, installation or adjustment of a child passenger

restraint system or child booster seat in a motor vehicle or

in the giving of advice or assistance regarding the installation

or adjustment of a child passenger restraint system or child

booster seat in a motor vehicle if:

(1) the child passenger safety technician acts in good

faith and within the scope of the training for which the

technician is currently certified;

(2) the act or omission does not constitute gross

negligence or willful or wanton misconduct;

(3) the inspection, installation or adjustment of the

child passenger restraint system or child booster seat or

the advice or assistance is provided without fee or charge

to the owner or operator of the motor vehicle; and

(4) the inspection, installation or adjustment of the

child passenger restraint system or child booster seat is

not provided in conjunction with the for-profit sale of the

child passenger restraint system or child booster seat.

(b) Lender immunity.--No person or organization who or which

lends to another person or organization a child passenger

restraint system or appropriately fitting child booster seats,

as described in section 4581 (relating to restraint systems),

shall be liable for any civil damages resulting from any acts

or omission, except any act or omission intentionally designed

to harm, or any grossly negligent act or omission resulting in

harm to another.

words and phrases shall have the meanings given to them in this

subsection:

"Child passenger safety technician." An individual who holds

a current certification as a child passenger safety technician

or technician instructor by the National Highway Traffic Safety

Administration of the United States Department of

Transportation, the American Automobile Association or other

entity designated by the National Highway Traffic Safety

Administration.

(Nov. 23, 1987, P.L.399, No.82, eff. imd.; July 15, 2004,

P.L.694, No.75, eff. 60 days)

CHAPTER 47

INSPECTION OF VEHICLES

Subchapter

A. Inspection Requirements

B. Official Inspection Stations

Enactment. Chapter 47 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977, unless otherwise noted.

Suspension of Enforcement. Section 8(g) of Act 81 of 1976,

as amended April 6, 1979, P.L.2, No.2, provided that the

enforcement of Chapter 47 is suspended insofar as the inspection

of motorized pedalcycles and trailers with a gross weight of

3,000 pounds or less is required until such time as the General

Assembly by law revises said provisions and repeals the

suspension imposed and provided that the suspension shall be

applied retroactively to July 1, 1977.

Cross References. Chapter 47 is referred to in section 6506

of this title; sections 6202, 6207 of Title 27 (Environmental

Resources); sections 57A09, 57B02 of Title 53 (Municipalities

Generally); section 2606 of Title 66 (Public Utilities).

SUBCHAPTER A

INSPECTION REQUIREMENTS

Sec.

4701. Duty to comply with inspection laws.

4702. Requirement for periodic inspection of vehicles.

4702.1. Limited liability of inspection station or mechanic.

4703. Operation of vehicle without official certificate of

inspection.

4704. Inspection by police or Commonwealth personnel.

4705. Inspection of vehicles for transportation of school

children.

4706. Prohibition on expenditures for emission inspection

program.

4706.1. Centralized emission inspection litigation settlement

(Expired).

4707. Consumer protection.

4708. Inspection of motorcycles.

4709. Low-Emissions Vehicle Commission.

4710. Vehicle Emission System Inspection Program Advisory

Committee.

§ 4701. Duty to comply with inspection laws.

No owner or driver shall refuse to submit a vehicle or a

mass transit vehicle to any inspection and test that is

authorized or required by the provisions of this chapter.

(June 18, 1980, P.L.223, No.67, eff. imd.)

§ 4702. Requirement for periodic inspection of vehicles.

(a) Annual safety inspection.--Except as provided in

subsection (b), the department shall establish a system of

annual safety inspection of vehicles, including emergency

vehicles, farm vehicles with a gross weight or gross vehicle

weight rating of greater than 17,000 pounds for which a Type D

biennial certificate of exemption has been issued and private

noncommercial vehicles used to transport students.

(b) Semiannual safety inspection of certain vehicles.--The

following vehicles shall be subject to semiannual safety

inspection:

(1) School buses.

(2) Vehicles which are:

(i) under contract with or owned by a school

district or private or parochial school, including

vehicles having chartered group and party rights under

the Pennsylvania Public Utility Commission; and

(ii) used to transport school students.

(3) Passenger vans used to transport persons for hire

or owned by a commercial enterprise and used for the

transportation of employees to or from their place of

employment.

(4) (Deleted by amendment).

(5) (Deleted by amendment).

(6) Mass transit vehicles.

(7) (Deleted by amendment).

department, after consultation with the National Street Rod

Association and other interested groups, shall prescribe special

inspection criteria for vehicles registered as street rods.

Vehicles registered as street rods will not be required to be

equipped with bumpers, fenders or engine coverage as originally

manufactured. If the hood, top and sides, or both, are removed

from the vehicle, the engine fan must be enclosed with a shroud

designed to protect the fan from accidental contact from the

outside.

(c.1) Safety inspection criteria for collectible motor

vehicles.--The department shall prescribe special inspection

criteria for vehicles registered as collectible motor vehicles.

(c.2) Safety inspection criteria for highly automated

vehicles.--The standards established by the department under

subsection (a) shall apply to highly automated vehicles only

in a manner consistent with the provisions of section 4103(f)

(relating to promulgation of vehicle equipment standards).

(d) Extension of inspection period.--The department may

extend the time for any of the inspections required by this

chapter for not more than 30 days due to weather conditions or

other causes which render compliance with the provisions of

this chapter within the prescribed time difficult or impossible.

(e) Prohibition on centralized inspection.--The department

shall not require or direct the use of a centralized safety

inspection program for purposes of performing vehicle safety

inspections.

(f) Emission inspection.--Subject vehicles operated in this

Commonwealth must be emission inspected as provided in section

4706 (relating to prohibition on expenditures for emission

inspection program).

(g) Exceptions.--The following are exceptions to subsection

(f):

(1) Emission inspection criteria for registration of

subject vehicles with new registration plates.--A subject

vehicle never before registered in this Commonwealth or any

other jurisdiction having less than 5,000 miles on its

odometer and for which an annual or temporary registration

plate was originally issued within the past 12 months shall

be exempt from emission inspection for one year from the

date of original registration. A certificate of exemption

shall be affixed to the subject vehicle in a manner

prescribed by department regulations.

(2) Emission inspection criteria for new vehicles with

transferred registration plates.--A subject vehicle never

before registered in this Commonwealth or any other

jurisdiction having less than 5,000 miles on its odometer

and bearing a registration plate which has been transferred

from another vehicle shall be required to pass an emission

inspection prior to the next registration renewal, but not

within nine months of the date of purchase of the subject

vehicle.

(3) Emission inspection criteria for used subject

vehicles with new or transferred registration plates.--A

subject vehicle sold having a title issued in this or any

other jurisdiction or sold with a manufacturer's statement

of origin and having 5,000 or more miles on its odometer and

which displays a currently valid certification of emission

inspection shall be required to be emission inspected prior

to expiration of the certificate of emission unless the

renewal of registration becomes due immediately before the

expiration of the certificate of emission inspection, in

which case the subject vehicle shall be emission inspected

prior to expiration of the new or transferred registration

plate. If there is no evidence of emission inspection, an

emission inspection must precede the next registration

renewal.

(4) Emission inspection criteria for vehicles operated

with miscellaneous motor vehicle business registration plates

or dealer registration plate.--A subject vehicle which

displays a miscellaneous motor vehicle business registration

plate or a dealer registration plate shall be exempt from

the requirements for emission inspection until it has

accumulated 5,000 miles on its odometer. At that time it

shall be subject to the provisions of subsection (f).

(June 18, 1980, P.L.223, No.67, eff. imd.; July 10, 1981,

P.L.250, No.82, eff. imd.; May 26, 1982, P.L.435, No.129, eff.

imd.; May 9, 1986, P.L.163, No.52, eff. imd.; Dec. 16, 1992,

P.L.1250, No.166; Dec. 7, 1994, P.L.820, No.115, eff. 60 days;

July 6, 1995, P.L.246, No.30, eff. imd.; Dec. 20, 1995, P.L.669,

No.75, eff. 120 days; July 11, 1996, P.L.660, No.115, eff. 60

days; Apr. 17, 1997, P.L.6, No.3, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151; June 26, 2001, P.L.734, No.75, eff. 60 days;

Dec. 1, 2004, P.L.1767, No.228, eff. 60 days; Oct. 24, 2012,

P.L.1407, No.174, eff. 60 days; Nov. 4, 2016, P.L.1277, No.165,

eff. 90 days; Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added subsec. (c.2).

2016 Amendment. Act 165 deleted subsec. (b)(7).

2012 Amendment. Act 174 amended subsec. (a).

2004 Amendment. Act 228 amended subsec. (c).

1998 Amendment. Act 151 amended subsec. (b)(2) and deleted

subsec. (b)(5), effective July 1, 1999, as to subsec. (b)(2)

and immediately as to subsec. (b)(5).

1997 Amendment. Act 3 amended subsec. (b).

1995 Amendments. Act 30 amended subsec. (a) and Act 75 added

subsec. (c.1). See section 5 of Act 30 in the appendix to this

title for special provisions relating to equipment standards

and inspection criteria.

1982 Amendment. See sections 10, 11 and 12 of Act 129 in

the appendix to this title for special provisions relating to

implementation of annual inspection program, promulgation of

regulations on inspections and automobile emission program.

Cross References. Section 4702 is referred to in sections

4103, 4107, 4702.1, 4706, 4708 of this title.

§ 4702.1. Limited liability of inspection station or mechanic.

(a) General rule.--An inspection conducted pursuant to

section 4702(a) (relating to annual inspection) or 1165.1

(relating to inspection of reconstructed, modified and specially

constructed vehicles) shall not be construed as a guaranty of

the safety of any vehicle and neither the official inspection

station issuing the certificate of inspection nor the official

inspection mechanic performing the inspection shall be liable

to the owner or occupants of any inspected vehicle for any

damages caused by the failure or malfunction of that vehicle

or to the owner or occupants of any vehicle involved in an

accident with that inspected vehicle or to any pedestrian

injured in the accident unless it can be shown by a

preponderance of the evidence that the failure was caused by

the negligence of the inspection station or mechanic. An

official inspection mechanic in the course of his duties

relating to the road test portion of an official vehicle safety

inspection shall not be cited by law enforcement personnel for

any violation relating to vehicle equipment. This provision

does not preclude an official inspection mechanic from being

cited by law enforcement personnel for moving violations

committed during the road test portion of an official vehicle

safety inspection.

(b) Prior certification.--(Deleted by amendment).

(May 26, 1982, P.L.435, No.129, eff. imd.; July 7, 1983, P.L.32,

No.19, eff. imd.; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days;

Dec. 1, 2004, P.L.1767, No.228, eff. Jan. 1, 2007; Nov. 4, 2016,

P.L.1277, No.165, eff. 60 days)

2016 Amendment. Act 165 deleted subsec. (b).

2004 Amendment. Act 228 amended subsec. (a).

§ 4703. Operation of vehicle without official certificate of

inspection.

(a) General rule.--Except as otherwise provided in this

section, no motor vehicle required to bear current registration

plates issued by this Commonwealth and no farm vehicle with a

gross weight or gross vehicle weight rating of greater than

17,000 pounds for which a Type D biennial certificate of

exemption has been issued shall be driven and no trailer

required to bear current registration plates issued by this

Commonwealth shall be moved on a highway and no mass transit

vehicle shall be operated unless the vehicle displays a

currently valid certificate of inspection issued under this

chapter.

(b) Exceptions.--Subsection (a) does not apply to:

(1) Special mobile equipment.

(2) Implements of husbandry.

(2.1) Registered commercial implement of husbandry with

an implement of husbandry body type.

(3) Motor vehicles being towed.

(4) Motor vehicles being operated or trailers being

towed by an official inspection station owner or employee

for the purpose of inspection.

(5) Trailers having a registered gross weight of 3,000

pounds or less.

(5.1) A trailer or semitrailer with a gross weight or

gross vehicle weight rating of greater than 17,000 pounds

displaying a currently valid Federal certificate of

inspection.

(6) Motorized pedalcycles.

(7) Vehicles being repossessed by a financier or

collector-repossessor business or vehicles enroute to a

wholesale vehicle auction by a transporter business using

the appropriate miscellaneous motor vehicle business

registration plates.

(8) New vehicles while they are in the process of

manufacture, including testing, and not in transit from the

manufacturer to a purchaser or dealer.

(9) Any military vehicle used for training by a private,

nonprofit, tax exempt military educational institution when

such vehicle does not travel on public roads in excess of

one mile and the property on both sides of the public road

is owned by the institution.

(10) A motor vehicle registered as an antique pursuant

to section 1340 (relating to antique, classic and collectible

plates).

(11) A motor vehicle being operated by the vehicle owner

while enroute to an inspection station where an appointment

for inspection has been scheduled, provided that such

operation occurs no later than ten days after the expiration

of a valid certificate of inspection issued under this

chapter.

(12) (Deleted by amendment).

(13) New vehicles in the possession of a second-stage

manufacturer which are in transit:

(i) from a dealer or distributor for completion;

(ii) to a dealer or distributor upon completion.

(14) A neighborhood electric vehicle.

Commonwealth.--Vehicles subject to registration and inspection

in this Commonwealth which have been outside this Commonwealth

continuously for 30 days or more and which, at the time of

reentering this Commonwealth, do not bear a currently valid

certificate of inspection shall not be required to be inspected

until ten days after reentering this Commonwealth.

(d) Newly-purchased vehicles.--Newly-purchased vehicles may

be driven without a current inspection certificate for ten days

after sale or resale or entry into this Commonwealth, whichever

occurs later.

(e) Display of unauthorized certificate of inspection.--No

certificate of inspection shall be displayed unless an official

inspection has been made and the vehicle or mass transit vehicle

is in conformance with the provisions of this chapter.

(f) Authority of police.--Any police officer may stop any

motor vehicle, mass transit vehicle or trailer and require the

owner or operator to display an official certificate of

inspection for the vehicle being operated. A police officer may

summarily remove an unauthorized, expired or unlawfully issued

certificate of inspection from any vehicle or mass transit

vehicle. For the purposes of administering the requirements of

regulations promulgated by the department, a qualified

Commonwealth employee or an authorized department representative

may remove an unauthorized, expired or unlawfully issued

certificate of inspection from any vehicle.

(g) Limitation on prosecution.--A motor vehicle, mass

transit vehicle or trailer shall be the subject of only one

prosecution under subsection (a) in any 24-hour period.

(h) Penalty.--

(1) Except as provided in paragraph (2), a person

violating this section is guilty of a summary offense and

shall, upon conviction, be sentenced to pay a fine of up to

$25.

(2) Where the subject vehicle is a motor carrier

vehicle, bus or school bus, the police officer or qualified

Commonwealth employee shall place the vehicle out of service

and require that the vehicle not be operated under its own

power until such time as the vehicle is issued a valid

official certificate of inspection. In addition, the person

violating this section commits a summary offense and shall,

upon conviction, be sentenced to pay a fine of not less than

$100 nor more than $500.

(June 18, 1980, P.L.223, No.67, eff. imd.; June 18, 1980,

P.L.229, No.68, eff. 60 days; Mar. 7, 1982, P.L.152, No.49,

eff. imd.; May 26, 1982, P.L.435, No.129, eff. imd.; July 10,

1984, P.L.679, No.146, eff. 60 days; Feb. 7, 1990, P.L.11, No.6,

eff. 60 days; June 11, 1992, P.L.266, No.47, eff. 60 days; Dec.

18, 1992, P.L.1411, No.174, eff. 60 days; May 20, 1993, P.L.30,

No.10, eff. 60 days; Dec. 7, 1994, P.L.820, No.115, eff. 60

days; July 6, 1995, P.L.246, No.30, eff. imd.; Dec. 21, 1998,

P.L.1126, No.151; June 22, 2001, P.L.411, No.33, eff. 60 days;

Dec. 23, 2002, P.L.1982, No.229, eff. 6 months; July 14, 2005,

P.L.285, No.50, eff. 60 days; Oct. 24, 2012, P.L.1407, No.174,

eff. 60 days; Oct. 22, 2014, P.L.2543, No.154, eff. May 1, 2015)

2014 Amendment. Act 154 added subsec. (b)(14).

2012 Amendment. Act 174 amended subsec. (a).

2005 Amendment. Act 50 amended subsec. (b).

2002 Amendment. Act 229 amended subsec. (h).

1998 Amendment. Act 151 amended subsecs. (b)(10) and (f)

and added subsec. (b)(13), effective immediately as to subsec.

(f) and 60 days as to subsec. (b)(10) and (13).

1995 Amendment. See section 5 of Act 30 in the appendix to

this title for special provisions relating to equipment

standards and inspection criteria.

1990 Amendment. Act 6 amended subsec. (d).

1982 Amendment. Act 129 amended subsecs. (b), (c) and (d).

Cross References. Section 4703 is referred to in section

4729 of this title.

§ 4704. Inspection by police or Commonwealth personnel.

(a) Authority to inspect.--

(1) Inspection in conjunction with vehicle weighing.--

(i) Any Pennsylvania State Police officer or

qualified Commonwealth employee engaged in weighing

vehicles as provided in Ch. 49 Subch. E (relating to

measuring and adjusting vehicle size and weight) is

authorized to inspect any item of the vehicle's equipment

and its load, driver and documents to determine whether

they meet standards established in department

regulations.

(ii) Any police officer or Commonwealth employee

engaged in weighing vehicles as provided in Ch. 49 Subch.

E is authorized to inspect any items of a vehicle's

equipment to determine whether they meet the standards

established in department regulations.

(2) Systematic vehicle inspection programs.--Any

Pennsylvania State Police officer or qualified Commonwealth

employee engaged in a systematic vehicle inspection program

may inspect any vehicle, driver, documents, equipment and

load to determine whether they meet standards established

in department regulations.

(3) Probable cause.--

(i) Any State Police officer or qualified

Commonwealth employee having probable cause to believe

that a vehicle, driver, documents, equipment or load are

unsafe, not equipped as required or otherwise not in

compliance with the law or regulations may inspect the

vehicle, driver, documents, equipment or load.

(ii) Any police officer having probable cause to

believe that a vehicle or its equipment is unsafe, not

equipped as required or otherwise not in compliance with

the law or regulations may inspect the vehicle or its

equipment.

(4) Testing in conjunction with vehicle emissions.--When

testing for vehicle emissions, testing may include remote

sensing devices or systematic roadside checks with tailpipe

tests, emission control device checks and a check of the

subject vehicle's emission control system including all of

the components to determine if any part of the system has

been disabled, changed or altered. The systematic testing

may be conducted by police officers or qualified Commonwealth

employees.

(5) Inspection of a vehicle involved in an

accident.--Any Pennsylvania State Police officer or qualified

Commonwealth employee is authorized to inspect any item of

equipment and the load, driver and documents of any vehicle

involved in an accident to determine whether they meet

standards established in department regulations.

(b) Notice of violation.--Any police officer or qualified

Commonwealth employee, having probable cause to believe that

any vehicle or mass transit vehicle, regardless of whether it

is being operated, or its equipment, documents or load, are

unsafe, not equipped as required, or are otherwise not in

compliance with the law or department regulations, may at any

time submit a written notice of the violations to the driver

of the vehicle or the mass transit vehicle or to the owner,

lessee or registrant, or if none of them is present, to an adult

occupant of the vehicle or the mass transit vehicle, or if the

vehicle or the mass transit vehicle is unoccupied, the notice

shall be attached to the vehicle or the mass transit vehicle

in a conspicuous place.

(1) The notice shall specify the particulars of the

violations and require that the violations be corrected.

Within five days or, in the case of a motor carrier vehicle

or bus, within 15 days or before commencement of the

vehicle's next trip, whichever occurs first, or in the case

of emission testing, within 30 days, evidence must be

submitted to the police or the Commonwealth, whichever is

applicable, that the violations have been corrected.

(2) If the police officer or qualified Commonwealth

employee has probable cause to believe that a vehicle or

mass transit vehicle is unsafe or not in proper repair or

fails a roadside vehicle emission test, he may require in

the written notice that the vehicle or mass transit vehicle

be inspected. The owner or driver shall, within five days

of the date of notification or, in the case of a motor

carrier vehicle or bus, within 15 days of the date of

notification or before commencement of the vehicle's next

trip, whichever occurs first, or in the case of emission

testing, within 30 days, submit to the police or the

Commonwealth, whichever is applicable, certification from

an official inspection station that the vehicle or the mass

transit vehicle has been restored to legal operating

condition in relation to the particulars specified on the

notice. Any person who fails a roadside vehicle emission

inspection shall have 30 days in which to pass an enhanced

vehicle emission inspection or to produce evidence that the

subject vehicle has a valid emissions test waiver.

(3) After the expiration of the five-day, 15-day or

30-day period specified in paragraphs (1) and (2), whichever

is appropriate, the vehicle shall not be operated upon the

highways of this Commonwealth and a mass transit vehicle

shall not be operated until the owner or driver has submitted

to the police or the Commonwealth, whichever is applicable,

evidence of compliance with the requirements of paragraph

(1) or (2), whichever is applicable.

(1) In the event a vehicle or a mass transit vehicle,

or its equipment, load or driver, in the reasonable judgment

of the officer or qualified Commonwealth employee, is in

such condition that further operation would be hazardous,

the officer or qualified Commonwealth employee may require

that the vehicle or the mass transit vehicle not be operated

under its own power or that the driver discontinue driving,

or both, and may so stipulate in the notice given under

subsection (b). In the case of motor carrier vehicles or

their drivers, all such determinations shall be based on

out-of-service criteria established in department

regulations.

(2) In the event a motor carrier vehicle or mass transit

vehicle is involved in an accident that causes the death of

the vehicle operator or another person, the motor carrier

vehicle or mass transit vehicle and its equipment, load,

driver and documents shall be inspected by a qualified

Commonwealth employee as designated by the department in

accordance with subsection (f) before the vehicle or driver

will be allowed to continue operation.

(d) Authority of police and qualified Commonwealth

employees.--Any police officer or qualified Commonwealth

employee shall be authorized to detain and inspect any sealed

or unsealed vehicle, container or shipment which they have

probable cause to believe may be in violation of the law or

Commonwealth regulations while in transit or in maintenance

facilities, terminals or other public or private property to

ascertain if commodities or materials are being unloaded, stored

or transported in an illegal manner; to inspect contents; to

inspect and copy documents and otherwise to ensure compliance

with the law and Commonwealth regulations, except that only

State Police and qualified Commonwealth employees shall have

the authority to enforce any law or regulation pertaining to

drivers, including, but not limited to, minimum driver

qualifications, maximum hours of service and driver records,

or pertaining specifically to hazardous materials. If a seal

is opened for inspection, the inspecting officer or Commonwealth

employee shall reseal any vehicle, container or shipment prior

to further transportation.

(e) Limitation of authority of qualified Commonwealth

employees.--The authority granted to qualified Commonwealth

employees under this section shall be exercised only when the

employee is in uniform and shall apply only to motor carrier

vehicles, buses and all vehicles and combinations carrying

hazardous materials in an amount and type which require the

vehicle to be placarded under Chapter 83 (relating to hazardous

materials transportation) and to the drivers of all such

vehicles. Qualified Commonwealth employees who are not police

officers shall be regarded as police officers under this part

for the purpose of instituting criminal proceedings by citation

under Chapter 50 of the Pennsylvania Rules of Criminal

Procedure.

(f) Training of Commonwealth employees.--The department

shall establish a program or programs to train and qualify

Commonwealth employees, including Pennsylvania State Police

officers, to inspect vehicles, equipment, documents, loads and

drivers as authorized under this section and may provide such

a program to train and qualify any police officer. After one

year following the effective date of this section, inspections

under subsection (a)(2) may be conducted only by personnel

qualified under this program. Until that time, such inspections

may be conducted by personnel designated by the department. A

document executed by a department official, or a photostatic

copy thereof, indicating that a person, including any police

officer, has been so qualified or designated shall be competent

and prima facie evidence of the qualification or designation.

(g) Limitations.--(Deleted by amendment).

(h) Administrative coordination.--The department shall

coordinate with the Pennsylvania Public Utility Commission in

the enforcement of this section and 66 Pa.C.S. § 3312(a)

(relating to evasion of motor carrier and broker regulations).

(June 18, 1980, P.L.223, No.67, eff. imd.; June 18, 1980,

P.L.229, No.68, eff. 60 days; June 19, 1985, P.L.49, No.20,

eff. 60 days; Dec. 16, 1992, P.L.1250, No.166; Dec. 18, 1992,

P.L.1411, No.174, eff. 60 days; May 20, 1993, P.L.30, No.10,

eff. 60 days; Feb. 10, 1994, P.L.10, No.2, eff. imd.; June 19,

2001, P.L.281, No.21, eff. imd.; June 26, 2001, P.L.734, No.75,

eff. 60 days; Dec. 23, 2002, P.L.1982, No.229; Nov. 26, 2008,

P.L.1658, No.133, eff. 60 days)

2008 Amendment. Act 133 deleted subsec. (g).

2002 Amendment. Act 229 amended subsecs. (a), (c), (e) and

(g), effective in 60 days as to subsecs. (a) and (c) and six

months as to the remainder of the section.

2001 Amendments. Act 21 amended subsec. (c) and added

subsec. (h) and Act 75 amended subsec. (c) and added subsec.

(h). Act 75 overlooked the amendment by Act 21, but the

amendments do not conflict in substance and have both been given

effect in setting forth the text of subsec. (c). The addition

of subsec. (h) by Acts 21 and 75 is identical and therefore has

been merged.

1992 Amendment. Section 9 of Act 166 provided that the

amendment shall take effect 60 days after the Department of

Transportation certifies by notice in the Pennsylvania Bulletin

that an enhanced emission inspection program will commence.

References in Text. Section 3312(a) of Title 66, referred

to in subsec. (h), does not exist.

Cross References. Section 4704 is referred to in sections

1373, 4102, 4107, 6103 of this title; section 4150 of Title 3

(Agriculture).

§ 4705. Inspection of vehicles for transportation of school

children.

(a) State Police inspection.--The owner of every school bus

shall, in addition to any other inspection required by this

chapter, submit the vehicle to the Pennsylvania State Police

annually prior to operating the vehicle for the transportation

of school children during the school year, to determine whether

the vehicle conforms with the provisions of this chapter

including regulations promulgated by the department. If the

vehicle is in conformance, a certificate of inspection and

approval shall be issued by the Pennsylvania State Police.

(b) Display of certificate.--No vehicle requiring a

certificate of inspection under the provisions of this section

shall be operated without prominently displaying the

certificate, in the manner directed by the department, in

addition to any other certificate required by law, on any of

the highways of this Commonwealth.

§ 4706. Prohibition on expenditures for emission inspection

program.

(a) General rule.--Except as provided in subsection (b),

neither the department nor any other department or agency of

the executive branch of State government shall expend any public

funds for the establishment and administration of any system

for the periodic inspection of emissions or emission systems

of motor vehicles.

(b) Exception.--The provisions of subsection (a) shall not

apply when the secretary shall certify that a system is required

to comply with Federal law and is necessary for the Commonwealth

to receive or avoid the loss of Federal funds in which case the

department may establish and administer such a system for motor

vehicles registered in areas where periodic inspection of

emissions or emission systems of motor vehicles is required by

the Environmental Protection Agency of the United States or

decrees of the courts of the United States.

(b.1) Further exception.--

(1) The provisions of subsection (a) shall not apply

if the secretary shall certify that a system is required to

comply with the Clean Air Act (Public Law 95-95, 42 U.S.C.

§ 7401 et seq.) and subsequent amendments or a final decree

of a Federal court and is necessary for the Commonwealth to

receive or avoid the loss of Federal funds, in which case

the department shall establish and administer an enhanced

emission inspection program. This program shall be

established in all areas of this Commonwealth where the

secretary certifies by publication in the Pennsylvania

Bulletin that a system is required in order to comply with

Federal law. Any area, counties, county or portion thereof

certified to be in the program by the secretary must be

mandated to be in the program by Federal law. If a petition

is required to be sent to the Federal Government in order

for any counties, county or portions of any county to be

exempted from the emission inspection program, the secretary

shall petition the Federal Government on behalf of any

counties, county or portion of any county that may qualify

for an exemption. In cases where more than one county within

a metropolitan statistical area may be exempted from the

emissions inspection program, the county with the lowest

population per square mile shall be exempted first. In cases

where only portions of one county may be exempted from the

emissions inspection program, the areas with the lowest

population per area of postal zip code coverage region shall

be exempted first. If the secretary establishes a centralized

inspection program, the following limitations shall be

applicable:

(i) Vehicle emission inspection shall be on a

biennial basis.

(ii) No vehicle repairs or vehicle safety

inspections shall be performed at any centralized

emission inspection facility.

(iii) No contractor providing centralized inspection

shall own or have any business interest in any vehicle

repair facility in this Commonwealth.

(iv) For the purposes of this chapter, the

department may issue a contract for a period of seven

years or more to the successful bidder for the

establishment and operation of a centralized program for

emissions testing.

(v) The department shall promulgate regulations for

the conduct, supervision and qualification of a

contractor, its principals, employees or agents providing

centralized emission testing which shall include a

schedule of offenses punishable by fine of up to $20,000

and shall make provision for the discipline, termination,

suspension and/or debarment of a contractor, its

principals, employees or agents for the violation of a

regulation pertaining to the emission testing program.

(2) At least 60 days prior to the implementation of any

enhanced emission inspection program developed under this

subsection, the Secretary of Transportation shall certify

by notice in the Pennsylvania Bulletin that an enhanced

emission inspection program will commence.

(b.2) Restrictions on exceptions.--Notwithstanding any other

provision or requirement contained in this title, no provision

or requirement of this section shall be more stringent or

restrictive than those required by the Clean Air Act. No

allowable vehicle emission standard shall be more restrictive

than that originally certified for the subject vehicle at the

time of manufacture.

(b.3) Fees.--(Repealed).

(b.4) Audits.--(Repealed).

(b.5) Repairs covered by warranty.--The inspection shall

be performed so that when vehicles tested under warranty are

repaired, such repairs must be covered by the vehicle

manufacturer's warranty provisions.

(b.6) Retests.--The first retest performed for a vehicle

that has failed will be free.

(b.7) Waiver.--(Repealed).

(b.8) Computer costs.--The cost of connect into the

department's computer to facilitate registration, renewal and

denial will be borne by both the centralized and the enhanced

or basic decentralized emission facilities.

(1) The department shall issue evidence of emission

inspection through an official emission inspection station

or an authorized agent of the department, valid until the

next scheduled emission inspection, for a subject motor

vehicle which meets the following criteria:

(i) The subject vehicle has passed an inspection

or a reinspection performed by the emission inspection

station and all required emission control devices are

installed.

(ii) The subject vehicle is exempt pursuant to the

provisions of section 4702(g) (relating to requirement

for periodic inspection of vehicles).

(2) When a subject vehicle has failed the emission

inspection test and continues to fail after the owner has

expended an amount at least equal to the total cost

limitation as provided in paragraph (3), the owner may apply

for a waiver. For the purpose of determining qualification

for a waiver, the cost of necessary repairs shall not include

the costs covered by any warranty, insurance policy or

prepaid maintenance agreement or the costs as referred to

in paragraph (4).

(3) The waiver limit shall be the minimum required by

Federal law. The costs mandated by this subsection do not

include any costs recoverable under warranty, insurance

policy or prepaid maintenance agreement.

(4) Any expenses incurred in the repair of emission

control devices found to be tampered with or rendered

inoperative or which are not installed shall not be included

in the total cost limitation of paragraph (3).

(5) It is unlawful to operate a subject vehicle without

evidence of emission inspection or certification by an

authorized agent, provided that it shall be lawful for a

motor vehicle to be operated by the vehicle owner while en

route to an emissions inspection station or to a vehicle

repair facility where an appointment for emissions-related

repairs has been scheduled and, provided further, that such

operation occurs no later than ten days after the expiration

of valid evidence of emission inspection issued under this

title.

(6) Subject vehicles presented for emission inspection

after the assigned emission inspection deadline shall be

charged $10 for each month or portion thereof past the due

date in addition to the emission inspection fee, except as

provided in regulations promulgated by the department.

(c.1) Exchange of evidence of emission inspection.--A person

replacing a windshield or repairing a windshield in such a

manner as to require removal of evidence of emission inspection

shall at the option of the registrant of the vehicle or the

owner of a mass transit vehicle cut out the portion of the

windshield containing the evidence of emission inspection and

deliver it to the registrant of the vehicle or the owner of the

mass transit vehicle or destroy the evidence of emission

inspection. The vehicle or the mass transit vehicle may be

driven for up to five days if it displays the portion of the

old windshield containing the evidence of emission inspection

as prescribed in department regulations. Within the five-day

period, an official emission inspection station may affix to

the vehicle or mass transit vehicle another evidence of emission

inspection for the same inspection period without reinspecting

the vehicle or mass transit vehicle in exchange for the portion

of the old windshield containing the evidence of emission

inspection. A fee of no more than $2 plus the fee paid to access

the department's computer to enter the evidence of emission

inspection into the system may be charged for exchanging

evidence of emission inspection.

(d) Coordination with vehicle registration.--(Deleted by

amendment).

(e) Regulations.--Upon certification by the secretary of

the need to comply with Federal law, the department shall

promulgate such regulations as may be necessary to implement

the emission inspection program but it shall not promulgate a

regulation that would require safety inspection stations to

also perform emission control inspections. Regulations

promulgated by the department relating to the enhanced emission

inspection program shall not be subject to the proposed

rulemaking provisions of the act of July 31, 1968 (P.L.769,

No.240), referred to as the Commonwealth Documents Law, or the

act of June 25, 1982 (P.L.633, No.181), known as the Regulatory

Review Act.

(f) Scope.--(Repealed).

(g) Alternative enhanced emission inspection

program.--Notwithstanding the provisions of subsection (f), the

department shall comply with all of the following requirements:

(1) The department shall immediately suspend the

development and implementation of a centralized, test-only

vehicle emission inspection program until March 31, 1995.

(2) The department shall immediately notify the

Environmental Protection Agency that the Commonwealth is

developing an alternative vehicle emission program and

intends to seek its approval of the plan in accordance with

the requirements of the Federal law.

(3) The department shall develop and submit to the

Environmental Protection Agency an alternative enhanced

vehicle emission inspection program for approval which meets

the requirements of Federal law and consists of a

decentralized test and repair program or a hybrid program

which combines both decentralized test and repair and

test-only components. The decentralized test program may

contain an additional component which will test and repair

only those components necessary to achieve compliance with

Federal clean air standards. As part of this decentralized

test program, the department shall utilize the newest and

most efficient technologies, including, but not limited to,

remote roadside testing, identification and targeting of

gross polluting vehicles and alternative equipment to

existing inspection technology. The department may

incorporate pilot programs and demonstration projects which

achieve and enhance vehicle emissions reductions.

(4) On the effective date of this subsection, the

department shall be immediately prohibited from expending

any funds or allowing any other action in furtherance of the

development and implementation of a centralized, test-only

vehicle emission inspection program until the Environmental

Protection Agency approves the decentralized or hybrid system

proposed under paragraph (3). Any funds expended by the

department after the approval of the program by the

Environmental Protection Agency shall be limited to the

implementation of the revised vehicle inspection program.

(h) Removal from Ozone Transport Commission.--The Governor

shall take the steps necessary to obtain Environmental

Protection Agency approval to remove all areas of the

Commonwealth from the Northeast Ozone Transport Commission

region that are now classified or in the future will be

classified as in attainment of the Federal ozone pollution

standard or which are unclassified for the purpose of imposing

an enhanced vehicle emission system inspection program and other

air pollution control measures. The Governor shall initiate the

actions necessary under this section no later than 60 days after

the effective date of this section.

(i) Suspension of program.--The Governor shall immediately

suspend the implementation and enforcement of the Employer Trip

Reduction Program until March 31, 1995, or until an alternative

program is developed that will achieve the same emission

reductions. The Employer Trip Reduction Program or an

alternative program shall not be required if the area classified

as severe ozone nonattainment is reclassified as a serious ozone

nonattainment area by the Environmental Protection Agency.

(j) Program for repair of certain vehicles.--The provisions

of subsection (a) shall not apply to the Credit for Repairing

Polluting Vehicles Program which the Department of Environmental

Protection may establish. The program may provide that any

person could make repairs to or reimburse expenses for repairs

to registered motor vehicles which have been identified as

polluting vehicles. Upon certification that the vehicle is no

longer a polluting vehicle, the Department of Environmental

Protection shall award the appropriate emission credit to the

person applying for the credit in accordance with the applicable

requirements of this title, the act of January 8, 1960 (1959

P.L.2119, No.787), known as the Air Pollution Control Act, and

the Clean Air Act (69 Stat. 322, 42 U.S.C. § 7401 et seq.).

(May 4, 1983, P.L.4, No.3, eff. imd.; July 22, 1983, P.L.122,

No.32, eff. imd.; July 11, 1985, P.L.204, No.52, eff. Sept. 1,

1985; Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; Dec. 16,

1992, P.L.1250, No.166; Feb. 10, 1994, P.L.10, No.2, eff. imd.;

Nov. 16, 1994, P.L.614, No.95, eff. imd.; Dec. 15, 1995,

P.L.655, No.72, eff. imd.; Dec. 20, 1995, P.L.669, No.75, eff.

120 days; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; Dec.

1, 2004, P.L.1771, No.229, eff. 60 days)

2004 Amendment. Act 229 deleted subsec. (d).

2002 Amendment. Act 152 added subsec. (c.1).

1995 Amendments. Act 72 amended subsec. (g)(3) and repealed

subsecs. (b.3), (b.4), (b.7) and (f) and Act 75 added subsec.

(j).

1994 Amendment. See section 9 of Act 2 in the appendix to

this title for special provisions relating to schedule for

emission testing.

1992 Amendment. See section 5 of Act 166 in the appendix

to this title for special provisions relating to continuation

of existing emission inspection programs.

1983 Amendment. See sections 2, 3, 6 and 7 of Act 3 in the

appendix to this title for special provisions relating to when

vehicle emission inspection program not required, creation and

maintenance of monitoring program, repeals and effective date.

Cross References. Section 4706 is referred to in section

4702 of this title.

§ 4706.1. Centralized emission inspection litigation settlement

(Expired).

1998 Expiration. Section 4706.1 expired December 31, 1998.

See Act 72 of 1995.

§ 4707. Consumer protection.

The Secretary of Transportation and the Commissioner of State

Police shall create a consumer protection program for the

purpose of monitoring the vehicle emission inspection and the

vehicle safety inspection programs for inspection station

performance and to assure protection against fraud against

consumers.

(May 4, 1983, P.L.4, No.3, eff. imd.)

1983 Amendment. Act 3 added section 4707.

§ 4708. Inspection of motorcycles.

An annual system of inspections in accordance with section

4702 (relating to requirement for periodic inspection of

vehicles) shall be established for motorcycles according to the

following schedule:

(1) Motorcycles whose registrations expire in the months

of January and July shall be inspected in the months of May,

June or July.

(2) Motorcycles whose registrations expire in the months

of February and August shall be inspected in the months of

June, July or August.

(3) Motorcycles whose registrations expire in the months

of March and September shall be inspected in the months of

July, August or September.

(4) Motorcycles whose registrations expire in the months

of April and October shall be inspected in the months of

August, September or October.

(5) Motorcycles whose registrations expire in the months

of May and November shall be inspected in the months of

March, April or May.

(6) Motorcycles whose registrations expire in the months

of June and December shall be inspected in the months of

April, May or June.

(Mar. 29, 1984, P.L.159, No.31, eff. 90 days)

1984 Amendment. Act 31 added section 4708.

§ 4709. Low-Emissions Vehicle Commission.

(a) Establishment.--There is hereby established a

Low-Emissions Vehicle Commission which shall consist of 13

members. The Secretary of Commerce, the Secretary of

Environmental Resources and the Secretary of Transportation

shall be members. Six members shall be appointed by the Governor

as follows:

(1) One member shall be a representative of an

environmental advocacy group, and one each shall be appointed

from a list of at least three nominees provided by each of

the following:

(i) The Associated Petroleum Industries of

Pennsylvania.

(ii) The Pennsylvania Gas Association.

(iii) The Pennsylvania Electric Association.

(iv) The Pennsylvania Automotive Association.

(v) The Pennsylvania AAA Federation.

(2) There shall be four legislative members: two members

of the Senate, one appointed by the Majority Leader of the

Senate and one appointed by the Minority Leader of the

Senate; and two members of the House of Representatives, one

appointed by the Majority Leader of the House of

Representatives and one appointed by the Minority Leader of

the House of Representatives.

(3) The Low-Emissions Vehicle Commission shall elect a

chairman.

(4) The Secretary of Transportation and the Secretary

of Commerce shall jointly provide administrative staff.

(b) Study content.--The Low-Emissions Vehicle Commission

shall complete a study which addresses:

(1) whether adoption of the low-emissions vehicle

program will result in significant net air quality

improvements, using appropriate air quality modeling analysis

and considering both volatile organic compound and nitrogen

oxide emissions and their impact on ambient ozone levels;

and

(2) whether adoption of the low-emissions vehicle

program will result in a more cost-effective reduction in

ozone precursors than other alternative control strategies

for mobile and stationary sources to achieve and maintain

the NAAQS standards established by the Clean Air Act (Public

Law 95-95, 42 U.S.C. § 7401 et seq.), including the

low-emissions vehicle program's impact on economic

development, future economic expansion, benefits to public

health, welfare and environment and the fiscal impact on the

consumer.

completed study to the Governor and the General Assembly within

240 days of enactment of this legislation.

(d) Prohibitions.--

(1) Except as provided in paragraph (2), no department,

board or commission may adopt regulations establishing any

low-emissions vehicle program until the study under

subsection (c) has been submitted to the General Assembly.

Nothing in this section shall preclude the department from

proposing regulations related to the California motor vehicle

emission standards under this act, subject to review under

the act of June 25, 1982 (P.L.633, No.181), known as the

Regulatory Review Act.

(2) If the Low-Emissions Vehicle Commission does not

submit its study during the time period under subsection

(c), a department, board or commission may go forward with

adopting regulations establishing a low-emissions vehicle

program.

(e) Reformulated motor fuels.--No department, board or

commission shall adopt regulations mandating the sale or use

of reformulated motor fuels which comply with any specifications

for reformulated motor fuels prescribed by the State of

California under 42 U.S.C. § 7545(c)(4)(B).

(Dec. 16, 1992, P.L.1250, No.166)

1992 Amendment. Act 166 added section 4709. See section 9

of Act 166 in the appendix to this title for special provisions

relating to effective date.

References in Text. The Secretary of Environmental

Resources, referred to in subsec. (a), was abolished by Act 18

of 1995. The functions of the secretary were transferred to the

Secretary of Conservation and Natural Resources and the

Secretary of Environmental Protection. The Secretary of

Commerce, referred to in subsec. (a), was renamed the Secretary

of Community and Economic Development by Act 58 of 1996.

§ 4710. Vehicle Emission System Inspection Program Advisory

Committee.

(a) Appointment, composition, etc.--A Vehicle Emission

System Inspection Program Advisory Committee shall be appointed

by the Governor no later than 15 days after the effective date

of this section and shall have its first meeting no later than

30 days after the effective date of this section.

(b) Members.--The committee shall consist of 16 members.

Members shall serve without compensation other than

reimbursement for reasonable and necessary expenses in

accordance with the rules of the Executive Board and shall serve

for terms fixed by the secretary. The members shall include:

(1) Three representatives of public interest or

environmental groups.

(2) Six from the following groups, one each from a list

of three nominees provided by each of the following: The

Pennsylvania AAA Federation, Service Station Dealers and

Automotive Repair Association of Pennsylvania and Delaware,

Pennsylvania Automotive Association, the Automotive Service

Association of Pennsylvania, Associated Petroleum Industries

of Pennsylvania and Coalition for Safer, Cleaner Vehicles.

(3) The chairmen and minority chairmen of the Senate

and House of Representatives Transportation Committees or

their designees.

(4) The Secretary of Commerce, the Secretary of

Environmental Resources and the Secretary of Transportation

or their designees shall serve as ex officio, nonvoting

members of the committee.

provide guidance, advice and recommendations to the department

on the establishment and implementation of the enhanced vehicle

emission inspection program. Any request for proposal for

contracted services issued by the department regarding the

enhanced vehicle emission inspection program shall not be

subject to review by the committee.

(d) Review of regulations.--The department simultaneously

shall submit for review prior to adoption final enhanced

emission inspection program regulations to the advisory

committee and to the Attorney General. The advisory committee

and the Attorney General shall have 30 days to review and

comment on regulations submitted for review, and the advisory

committee shall forward its comments to the secretary, to the

designated standing committees and to the Independent Regulatory

Review Commission. Attorney General review of enhanced emission

inspection regulations shall occur concurrently with the review

of the advisory committee. Review by the Attorney General shall

be limited to form and legality. If the Attorney General

determines that a rule or regulation is improper in form or

legality, its determination shall be transmitted to the

department and not otherwise subject to the provisions of

section 204(b) of the act of October 15, 1980 (P.L.950, No.164),

known as the Commonwealth Attorneys Act. An enhanced emission

inspection rule or regulation which has been further amended

as a consequence of a comment by the advisory committee or a

determination of illegality by the Attorney General shall be

resubmitted simultaneously to the advisory committee and to the

Attorney General. The advisory committee and the Attorney

General shall have ten days to review and comment. If the

Attorney General continues its objections and the department

disagrees, the department may promulgate the rule or regulations

with or without revision and shall publish with it a copy of

the Attorney General's objections. Upon completion of review

of enhanced emission inspection regulations by the advisory

committee and the Attorney General, the regulations shall be

submitted to the designated standing committees and the

Independent Regulatory Review Commission for review consistent

with the act of June 30, 1989 (P.L.73, No.19), entitled "An act

reenacting and amending the act of June 25, 1982 (P.L.633,

No.181), entitled, as reenacted and amended, 'An act providing

for independent oversight and review of regulations, creating

an Independent Regulatory Review Commission, providing for its

powers and duties and making repeals,' further providing for

the membership of the Independent Regulatory Review Commission

and for the procedure for regulatory review; changing the

termination date for the commission; and making repeals."

(e) Meetings.--The advisory committee shall meet at the

call of the chairman, but not less than semiannually, to carry

out its duties. The committee shall select a chairman and such

other officers as it deems appropriate.

(f) Additional members.--The secretary may appoint

additional members of the advisory committee on a temporary or

permanent basis to advise the department on particular issues.

(g) Sunset date.--The advisory committee established under

this section shall sunset on December 31, 1996.

(Dec. 16, 1992, P.L.1250, No.166, eff. imd.)

1992 Amendment. Act 166 added section 4710.

References in Text. The Secretary of Environmental

Resources, referred to in subsec. (b), was abolished by Act 18

of 1995. The functions of the secretary were transferred to the

Secretary of Conservation and Natural Resources and the

Secretary of Environmental Protection. The Secretary of

Commerce, referred to in subsec. (b)(4), was renamed the

Secretary of Community and Economic Development by Act 58 of

1996.

SUBCHAPTER B

OFFICIAL INSPECTION STATIONS

Sec.

4721. Appointment of official inspection stations.

4722. Certificate of appointment.

4723. Certificate of appointment for inspecting fleet vehicles.

4723.1. Certificate of appointment for enhanced vehicle safety

inspection for reconstructed vehicle, modified or

specially constructed inspection stations.

4724. Suspension of certificates of appointment.

4725. Use of certificate of appointment at official inspection

stations.

4726. Certification of mechanics.

4727. Issuance of certificate of inspection.

4728. Display of certificate of inspection.

4729. Removal of certificate of inspection.

4730. Violations of use of certificate of inspection.

4731. Records of inspections and certificates issued.

4732. Inspection Advisory Board.

4733. Prohibited provision.

§ 4721. Appointment of official inspection stations.

For the purpose of establishing a system of official

inspection stations, the department shall issue certificates

of appointment to privately owned facilities within this

Commonwealth that comply with the requirements of this chapter

and regulations adopted by the department. The department shall

issue instructions and all necessary forms to such facilities.

Official inspection stations are authorized to inspect vehicles

and mass transit vehicles and issue official certificates of

inspection.

(June 18, 1980, P.L.223, No.67, eff. imd.)

§ 4722. Certificate of appointment.

(a) Application and issuance.--Application for a certificate

of appointment shall be made upon an official form. The

certificate of appointment shall be issued only when the

department is satisfied that the station is equipped properly

and has competent personnel to make inspections and adjustments

and that inspections will be conducted properly. Only those

stations fulfilling department requirements and complying with

department regulations shall be issued a certificate of

appointment.

(b) Separate application for each place of business.--If

the applicant has or intends to have more than one place of

business within this Commonwealth, a separate application shall

be made for each place of business.

certificate of appointment the department shall require a bond

or proof of insurance to provide compensation for any damage

to a vehicle during an inspection or adjustment due to

negligence on the part of the applicant or its employees in

such amount as is deemed adequate by the department pursuant

to department regulations.

(d) Waiver.--The department shall promulgate regulations

to provide a waiver of the 40-hour requirement that an

inspection station must be open for business. The regulations

shall establish the minimum requirements to be eligible for the

waiver and shall require, at a minimum, that the inspection

station be open for business at least ten business hours during

the normal workweek (Monday through Friday) between 7 a.m. and

8 p.m.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

2002 Amendment. Act 152 added subsec. (d). See section 24

of Act 152 in the appendix to this title for special provisions

relating to waiver of hour requirements for official inspection

stations.

§ 4723. Certificate of appointment for inspecting fleet

vehicles.

The department may issue a certificate of appointment under

the provisions of this chapter to any person who owns or leases

15 or more vehicles or mass transit vehicles and who meets the

requirements of this chapter and regulations adopted by the

department. The certificate of appointment may authorize

inspection of only those vehicles or mass transit vehicles owned

or leased by such person.

(June 18, 1980, P.L.223, No.67, eff. imd.)

§ 4723.1. Certificate of appointment for enhanced vehicle

safety inspection for reconstructed vehicle, modified

or specially constructed inspection stations.

The department shall issue a certificate of appointment for

enhanced vehicle safety inspection for reconstructed vehicle,

modified or specially constructed inspection stations.

(Dec. 1, 2004, P.L.1767, No.228, eff. Jan. 1, 2007)

2004 Amendment. Act 228 added section 4723.1.

§ 4724. Suspension of certificates of appointment.

(a) General rule.--The department shall supervise and

inspect official inspection stations and may suspend the

certificate of appointment issued to a station or may impose a

monetary penalty or may issue a warning against the station

which it finds is not properly equipped or conducted or which

has violated or failed to comply with any of the provisions of

this chapter or regulations adopted by the department. A

schedule of all penalties, points and suspension may be

established by the department by publishing a notice in the

Pennsylvania Bulletin until the regulations governing these

penalties are promulgated by the department. The department

shall maintain a list of all stations holding certificates of

appointment and of those whose certificates of appointment have

been suspended. Any suspended certificate of appointment and

all unused certificates of inspection shall be returned

immediately to the department.

(b) Judicial review.--Any person whose mechanic certificate

issued under section 4726 (relating to certification of

mechanics) or certificate of appointment has been denied or

suspended or who has received a monetary penalty under this

chapter shall have the right to appeal to the court vested with

jurisdiction of such appeals by or pursuant to Title 42

(relating to judiciary and judicial procedure). The court shall

set the matter for hearing upon 60 days' written notice to the

department and take testimony and examine into the facts of the

case and determine whether the petitioner is entitled to a

mechanic certificate or certificate of appointment or is subject

to suspension or monetary penalty under the provisions of this

chapter.

certificate of appointment of an official inspection station

on the grounds of careless recordkeeping or the court on appeal

from a suspension may consider the volume of inspections

conducted by the inspection station and provide to the owner

or operator of the inspection station the opportunity to correct

any inaccurate records.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 18, 1980,

P.L.229, No.68, eff. 60 days; July 4, 2002, P.L.692, No.105,

eff. 60 days; Nov. 4, 2016, P.L.1277, No.165, eff. 60 days)

2016 Amendment. Act 165 amended subsecs. (a) and (b).

Cross References. Section 4724 is referred to in section

933 of Title 42 (Judiciary and Judicial Procedure).

§ 4725. Use of certificate of appointment at official

inspection stations.

(a) General rule.--No person shall in any manner represent

any place as an official inspection station unless the station

is operating under a valid certificate of appointment issued

by the department.

(b) Transfer, use and posting.--No certificate of

appointment for any official inspection station shall be

assigned or transferred or used at any location other than the

one designated in the certificate. The certificate of

appointment shall be posted in a conspicuous place at such

location.

of a summary offense punishable:

(1) For a first offense, by a fine of $100.

(2) For a subsequent offense, by a fine of not less

than $200 nor more than $500 or imprisonment for not more

than 90 days, or both.

§ 4726. Certification of mechanics.

(a) General rule.--No mechanic shall conduct motor vehicle

inspections or mass transit vehicle inspections at an official

inspection station unless certified as to training,

qualifications and competence by the department or the

department's designate according to department regulations. The

regulations relating to mass transit vehicle inspections shall

require that any mechanic conducting such inspections shall

possess proven competence in the area of mass transit vehicle

operation and maintenance. The provisions of this title or

regulations adopted thereunder shall not be construed or applied

in a manner which would preclude or impair the right of a person

who is a resident of another state, and who is in possession

of a valid driver's license issued by such state, to be

certified to conduct motor vehicle inspections or mass transit

vehicle inspections at an official inspection station in this

Commonwealth. A certified official inspection mechanic

performing a road test on a vehicle for the purpose of

conducting a motor vehicle inspection is not required to hold

a commercial driver's license if the entire road test is

performed on private property, provided the mechanic holds a

valid Class C driver's license and the road test area is of

adequate space and size to perform a complete and proper road

test as specified in department regulations. No official

inspection station appointment shall be issued or renewed unless

a certified official inspection mechanic is employed there.

(b) Supervision and suspension.--The department shall

supervise mechanics certified under this section and may suspend

the certification issued to a mechanic or may impose a monetary

penalty if it finds that the mechanic has improperly conducted

inspections or has violated or failed to comply with any of the

provisions of this chapter or regulations adopted by the

department. The department shall maintain a list of all

certified mechanics and of those whose certification has been

suspended. Any suspended certificate shall be returned

immediately to the department.

(June 18, 1980, P.L.223, No.67, eff. imd.; June 18, 1980,

P.L.229, No.68, eff. 60 days; May 26, 1982, P.L.435, No.129,

eff. imd.; June 28, 1993, P.L.137, No.33, eff. 60 days; July

2, 1993, P.L.408, No.58, eff. imd.; Nov. 4, 2016, P.L.1277,

No.165, eff. 60 days)

2016 Amendment. Act 165 amended subsec. (b) and deleted

subsec. (c).

1993 Amendments. Act 33 amended subsec. (a) and Act 58

amended subsec. (a). The amendments by Acts 33 and 58 are

identical and therefore have been merged.

Cross References. Section 4726 is referred to in section

4724 of this title.

§ 4727. Issuance of certificate of inspection.

(a) Requirements prior to inspection.--No vehicle, except

a vehicle held by a dealer or manufacturer for which titling

is not required or a mass transit vehicle for which titling is

not required, shall be inspected unless it is duly registered

or titled in this Commonwealth or in any other jurisdiction.

The certified inspection mechanic shall examine the registration

card, title or other document as specified in department

regulations in order to ascertain that the vehicle is registered

or titled or that an application for title has been submitted

by the vehicle owner.

(b) Requirements for issuance of certificate.--An official

certificate of inspection shall not be issued unless the vehicle

or mass transit vehicle is inspected and found to be in

compliance with the provisions of this chapter including any

regulations promulgated by the department. Notation of the

odometer reading shall be included on any certificate of

inspection or other document as specified in department

regulations.

and placed out of service by an enforcement agency shall be

reported by the enforcement agency to the school authorities.

(d) Proof of insurance.--

(1) No certificate of inspection shall be issued unless

proof of financial responsibility is submitted to the

inspection official, who shall, on the official State

Inspection record provided by the department, record the

name of the insured, the vehicle tag number, the issuing

company, the policy number and the expiration date. The

requirement that the inspection official record financial

responsibility information shall not be construed to require

the inspection official to verify the information submitted.

(2) In those cases where the insured fails to present

proof of financial responsibility to the inspection official,

the inspection official, in addition to denying a certificate

of inspection, may provide notification to the department,

on the form provided by the department, within 30 days of

the insured's failure to present proof of financial

responsibility. Failure of the inspection official to make

notification under this subsection shall not impose any duty

or liability on the mechanic or station owner.

(3) Financial responsibility may be proven by showing

one of the following documents:

(i) An identification card as required by

regulations promulgated by the Insurance Department.

(ii) The declaration page of an insurance policy.

(iii) A certificate of financial responsibility.

(iv) A valid binder of insurance issued by an

insurance company licensed to sell motor vehicle

liability insurance in Pennsylvania.

(v) A legible photocopy, facsimile or printout of

an electronic transmission of a document listed in

subparagraphs (i) through (iv), provided the certified

inspection mechanic receives the photocopy, facsimile

or printout directly from a licensed insurance company

or licensed insurance agency. The certified inspection

mechanic shall not accept a photocopy, facsimile or

printout unless it is provided on the letterhead of the

licensed insurance company or licensed insurance agency,

or is provided with a letter written upon the company's

or agency's letterhead, which specifically references

the document provided as proof of financial

responsibility by describing the insured's name and

address and the make, model and vehicle identification

number of the insured vehicle.

(4) If handwritten proof of financial responsibility

is acceptable proof of insurance in the state where the

vehicle is registered, the certified inspection mechanic may

accept such handwritten proof, provided the certified

inspection mechanic receives written confirmation from the

applicable state, insurance company or insurance agency that

handwritten proof is acceptable in that state. This paragraph

is applicable only to vehicles registered in a state other

than this Commonwealth.

(e) Penalty.--An inspection official who fails to complete

the official State Inspection record under subsection (d) or

who issues a certificate of inspection with reason to know that

there has been a violation of section 7122(4) (relating to

altered, forged or counterfeit documents and plates) commits a

summary offense and shall, upon conviction, be sentenced to pay

a fine of $100. This subsection does not impose vicarious

liability upon the station owner. The criminal liability of the

station owner is dependent upon actual commission of the offense

or upon solicitation, attempt or conspiracy to commit the

offense.

(June 18, 1980, P.L.223, No.67, eff. imd.; June 18, 1980,

P.L.229, No.68, eff. 60 days; May 26, 1982, P.L.435, No.129,

eff. imd.; Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990; June

30, 1990, P.L.266, No.63, eff. imd.; July 11, 1996, P.L.660,

No.115, eff. 60 days)

1996 Amendment. Act 115 amended subsec. (d).

1990 Amendment. Act 63 amended subsec. (d) and added subsec.

(e).

Cross References. Section 4727 is referred to in section

57A09 of Title 53 (Municipalities Generally).

§ 4728. Display of certificate of inspection.

The appropriate certificate of inspection shall be affixed

to the vehicle or mass transit vehicle as specified in

regulations adopted by the department.

(June 18, 1980, P.L.223, No.67, eff. imd.)

§ 4729. Removal of certificate of inspection.

No certificate of inspection shall be removed from a vehicle

or a mass transit vehicle for which the certificate was issued

except to replace it with a new certificate of inspection issued

in accordance with the provisions of this chapter or as follows:

(1) The police officer may remove a certificate of

inspection in accordance with the provisions of section

4703(f) (relating to operation of vehicle without official

certificate of inspection).

(2) A person replacing a windshield or repairing a

windshield in such a manner as to require removal of a

certificate of inspection shall at the option of the

registrant of the vehicle or the owner of a mass transit

vehicle cut out the portion of the windshield containing the

certificate and deliver it to the registrant of the vehicle

or the owner of the mass transit vehicle or destroy the

certificate. The vehicle or the mass transit vehicle may be

driven for up to five days if it displays the portion of the

old windshield containing the certificate as prescribed in

department regulations. Within the five day period an

official inspection station may affix to the vehicle or mass

transit vehicle another certificate of inspection for the

same inspection period without reinspecting the vehicle or

mass transit vehicle in exchange for the portion of the old

windshield containing the certificate of inspection. A fee

of no more than $2 plus the fee paid to the department may

be charged for exchanging the certificate of inspection.

(3) A salvor shall remove and destroy the current

certificate of inspection on every vehicle processed as

abandoned in the salvor's possession except vehicles owned

by the salvor or used in the operation of the business of

the salvor.

(4) Every applicant for a certificate of salvage or

nonrepairable certificate pursuant to Subchapter D of Chapter

11 (relating to salvage vehicles, theft vehicles,

reconstructed vehicles and flood vehicles) shall remove and

destroy the current certificate of inspection.

(5) For the purposes of administering the requirements

of regulations promulgated by the department, a qualified

Commonwealth employee or an authorized department

representative may remove an unauthorized, expired or

unlawfully issued certificate of inspection or a certificate

of inspection issued for a covert audit.

(June 18, 1980, P.L.223, No.67, eff. imd.; May 26, 1982,

P.L.435, No.129, eff. imd.; Apr. 16, 1992, P.L.169, No.31, eff.

60 days; Dec. 9, 2002, P.L.1278, No.152)

2002 Amendment. Act 152 amended the entire section,

effective immediately as to par. (5) and 60 days as to the

remainder of the section.

§ 4730. Violations of use of certificate of inspection.

(a) General rule.--No person shall:

(1) make, issue, transfer or possess any imitation or

counterfeit of an official certificate of inspection; or

(2) display or cause to be displayed on any vehicle or

mass transit vehicle or have in possession any certificate

of inspection knowing the same to be fictitious or stolen

or issued for another vehicle or issued without an inspection

having been made.

(b) Unauthorized use by official inspection station.--No

official inspection station shall furnish, loan, give or sell

certificates of inspection and approval to any other official

inspection station or any other person except upon an inspection

made in accordance with the requirements of this chapter.

constitutes a summary offense punishable:

(1) For a first offense, by a fine of $100.

(2) For a subsequent offense, by a fine of not less

than $200 nor more than $500 or imprisonment for not more

than 90 days, or both.

(June 18, 1980, P.L.223, No.67, eff. imd.)

1980 Amendment. Act 67 amended subsec. (a).

§ 4731. Records of inspections and certificates issued.

A record shall be made of every inspection and every

certificate issued and the record shall be forwarded to the

department in the manner and at the time the department shall

specify by regulation. An official inspection station and its

records shall be open for inspection by any police officer,

authorized department employee or any designee of the

department.

(Dec. 21, 1998, P.L.1126, No.151, eff. imd.)

§ 4732. Inspection Advisory Board.

(a) Membership.--There shall be an Inspection Advisory Board

consisting of 11 members appointed by the secretary. The board

shall be composed of an authorized representative of the

department and of the Pennsylvania State Police and

representatives of the automotive industry and the public, as

follows: a new car dealer, a used car dealer, a fleet owner, a

certified mechanic, a service station operator, a parts and

equipment wholesaler, an independent repair shop operator and

two members of the general public who are licensed drivers.

(b) Duties.--The board shall advise the department and

review regulations proposed by the department concerning

inspection requirements and operation of official inspection

stations.

§ 4733. Prohibited provision.

(a) General rule.--It shall be unlawful for any agreement

to contain a provision requiring the operation of a retail motor

vehicle fuel station during those hours that are proven by a

retail motor vehicle fuel station owner or operator to be

unprofitable to such owner or operator.

(b) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Agreement." A contract or lease, or combination of both,

or other terminology used to describe a contractual relationship

between any or all of the following parties: a refiner, a

distributor and a retail motor vehicle fuel station owner or

operator.

"Distributor." A person who purchases motor vehicle fuel

from a refiner for the purpose of resale to a retail motor

vehicle fuel station.

"Refiner." A manufacturer of motor vehicle fuel.

"Retail motor vehicle fuel station." A place of business

where motor vehicle fuel is sold and dispensed into the tanks

of motor vehicles, either by means of a self-service or

full-service pump.

(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days)

1992 Amendment. Act 174 added section 4733.

CHAPTER 49

SIZE, WEIGHT AND LOAD

Subchapter

A. General Provisions

B. Width, Height and Length

C. Maximum Weights of Vehicles

D. Special Permits for Excessive Size and Weight

E. Measuring and Adjusting Vehicle Size and Weight

Enactment. Chapter 49 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977.

Cross References. Chapter 49 is referred to in sections

102, 1334.1, 3745.1, 6309, 6506 of this title; sections 4102,

4150 of Title 3 (Agriculture); sections 6202, 6207 of Title 27

(Environmental Resources).

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

4901. Scope and application of chapter.

4902. Restrictions on use of highways and bridges.

4903. Securing loads in vehicles.

4904. Limits on number of towed vehicles.

4905. Safety requirements for towed vehicles.

4906. Fire apparatus and emergency vehicles.

4907. Penalty for violation of chapter.

4908. Operation of certain combinations on interstate and

certain other highways.

4908.1. Operation of motor homes on interstate and certain other

highways (Repealed).

4909. Transporting foodstuffs in vehicles used to transport

waste.

§ 4901. Scope and application of chapter.

(a) General rule.--No vehicle, combination or load which

has a size or weight exceeding the limitations provided in this

chapter and no vehicle, combination or load which is not so

constructed or equipped as required in this title or the

regulations of the department shall be operated or moved upon

any highway of this Commonwealth, unless permitted as provided

in this title by the department or local authority with respect

to highways and bridges under their respective jurisdictions.

Failure to obtain a permit prior to the operation or movement

of such a vehicle, combination or load shall subject the owner,

lessee and operator of the vehicle or combination to the

institution of summary criminal proceedings by citation for any

violations of this part.

(b) Limitations on local regulation.--The maximum size and

weight of vehicles specified in this chapter shall govern

throughout this Commonwealth and local authorities shall have

no power or authority to alter these limitations except as

express authority may be granted in this title.

overweight or oversize movement cannot be made in any other

feasible manner, the permit may authorize the movement to be

made in contravention to any provision of this title provided

that:

(1) the department or local authority determines that

the movement is in the public interest; and

(2) the movement is escorted by certified escort

vehicles as defined under section 3108 (relating to drivers

of certified escort vehicles) or the Pennsylvania State

Police and the following shall apply:

(i) The department, in consultation with the

Pennsylvania State Police, shall determine whether a

Pennsylvania State Police escort is necessary.

(ii) If it is jointly determined by the Pennsylvania

State Police and the department that the movement must

be escorted by the Pennsylvania State Police, the

permittee shall bear the total costs of escorting the

movement.

(d) Responsibility of local authorities.--Local authorities:

(1) that have adopted an ordinance under this chapter;

(2) that establish or enforce size or weight limitations

which differ from those provided for in this chapter;

have the burden and responsibility to properly administer,

adhere to and enforce compliance with the requirements of this

chapter and the regulations of the department. Failure of a

local authority to properly administer, adhere to or enforce

the substantive requirements of this chapter and the

department's regulations shall subject the local authority to

penalties set forth under section 4907 (relating to penalty for

violation of chapter).

(e) Definition.--As used in this section, the term

"extra-duty Pennsylvania State Police" means sworn members of

the Pennsylvania State Police performing escort duty outside

of their regularly scheduled shift on an overtime basis.

(Dec. 7, 1994, P.L.820, No.115, eff. imd.; Dec. 28, 1994,

P.L.1450, No.172, eff. 60 days; June 22, 2001, P.L.411, No.33,

eff. 60 days; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days;

Oct. 30, 2015, P.L.216, No.55, eff. 60 days)

2015 Amendment. Act 55 amended subsec. (c).

2002 Amendment. Act 152 amended subsec. (c) and added

subsec. (e).

2001 Amendment. Act 33 added subsec. (d).

1994 Amendments. Acts 115 and 172 amended subsec. (a). The

amendments by Acts 115 and 172 are identical and therefore have

been merged.

Cross References. Section 4901 is referred to in section

4962 of this title.

§ 4902. Restrictions on use of highways and bridges.

(a) Restrictions based on condition of highway or bridge.--

(1) The Commonwealth and local authorities with respect

to highways and bridges under their jurisdictions may

prohibit the operation of vehicles and may impose

restrictions as to the weight or size of vehicles operated

upon a highway or bridge only when they determine by

conducting an engineering and traffic study as provided for

in department regulations that the highway or bridge may be

damaged or destroyed unless use by vehicles is prohibited

or the permissible size or weight of vehicles is reduced.

(2) School buses, emergency vehicles and vehicles making

local deliveries or pickups may be exempted from restrictions

on the use of highways imposed under this subsection.

(2.1) Government-owned vehicles, vehicles of local

government agency contractors providing material for

maintenance and department contractors engaged in or

providing material for construction or maintenance shall be

exempted from restrictions on the use of highways, except

bridges, imposed under this subsection in accordance with

department regulations. The following types of documents

shall constitute evidence that a vehicle is traveling to or

from a site in accordance with this paragraph:

(i) A bill of lading.

(ii) A shipping order.

(iii) A service order or other document that

indicates the address of the site and purpose of the

trip.

(3) The department may issue a statement of policy,

which shall take effect upon publication in the Pennsylvania

Bulletin, adopting an appropriate methodology to provide

letters of local determination that identify particular

vehicles, routes or uses as local in nature.

(4) The methodology under paragraph (3) may allow for

exemptions from 67 Pa. Code Ch. 189 (relating to hauling in

excess of posted weight limit) related to the at-risk

industry of logging or other forest products experiencing a

20% decline in Statewide employment between March 2002 and

March 2011, as determined by the Department of Labor and

Industry.

(5) The exemptions and related requirements under

paragraph (4) may remain in existence only until December

31, 2028. Exemptions for local delivery or pickup may not

include traffic going to or coming from a site at which

minerals, natural gas or natural resources are developed,

harvested or extracted, notwithstanding whether the site is

located at a residence, a commercial site or on farmland.

Delivery or pickup of logs or other forest products to or

from permanent processing mills located on or reachable only

through posted highways shall be considered local delivery

or pickup. Delivery or pickup of coal to or from permanent

coal reprocessing or preparation plants located on or

reachable only through posted highways and not on the same

posted highway as a site at which coal is extracted shall

be considered local delivery or pickup.

(b) Restrictions based on traffic conditions.--The

Commonwealth and local authorities with respect to highways and

bridges under their jurisdictions may prohibit the operation

of vehicles and may impose restrictions as to the weight or

size of vehicles operated upon a highway or bridge whenever

they determine that hazardous traffic conditions or other safety

factors require such a prohibition or restriction. School buses,

emergency vehicles and vehicles making local deliveries or

pickups may be exempted from restrictions on the use of highways

imposed under this subsection.

(1) The Commonwealth and local authorities may issue

permits for movement of vehicles of size and weight in excess

of restrictions promulgated under subsections (a) and (b)

with respect to highways and bridges under their jurisdiction

and may require such agreement or security as they deem

necessary to cover the cost of repairs and restoration

necessitated by the permitted movement of vehicles. In

reference to subsection (a), the Commonwealth and local

authorities shall not refuse to issue a permit with respect

to a highway under their jurisdiction if there is no

reasonable alternate route available. For purposes of this

section, "reasonable alternate route" shall mean a route

meeting the criteria set forth in department regulations

relating to traffic and engineering studies.

(2) The department may establish the types of permits

to be issued and agreements to be entered into, subject to

the following:

(i) Permits may be for long-term or short-term use

of the posted highways.

(ii) The department may require multiple vehicles

traveling to or from a single destination to operate

pursuant to a single permit.

(iii) The department may establish a permit type

allowing the posting authority to determine that damage

to the posted highway covered by the permit will be

minimal. This type of permit may include categories based

on the number and kinds of loads expected, including a

category providing that use of the posted highway under

a single minimum-use permit of less than 700 loads per

year shall not require an agreement or security. The

department may alter the 700 loads per year minimum-use

threshold if it determines the structural capacity of

the State highways can accept a higher or lower amount

of over-posted weight traffic. The department may express

the threshold as a loads-per-day, loads-per-week or

loads-per-month number.

(iv) The department may restrict use of de minimis

and minimum-use permits during thaw periods as determined

by the department.

(v) The department shall exclude hauling related

to unconventional oil and gas development from

minimum-use status based on its disproportionate and

qualitatively different impact upon highways and bridges.

(3) The department shall promulgate regulations to

implement this section. During the two years immediately

following the effective date of this section, the department

may promulgate temporary regulations, which shall expire no

later than three years following the effective date of this

paragraph or upon promulgation of final regulations,

whichever occurs first. Temporary regulations promulgated

by the department under this paragraph shall not be subject

to any of the following:

(i) Sections 201, 202 and 203 of the act of July

31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law.

(ii) The Act of June 25, 1982 (P.L.633, No.181),

known as the Regulatory Review Act.

(d) Designation of alternate routes.--

(1) In conjunction with the exercise of the powers set

forth in subsections (a) and (b), the Commonwealth may

designate alternate routes for vehicles in excess of

specified weights or sizes. Such alternate routes may utilize

portions of the Pennsylvania Turnpike.

(2) In conjunction with the exercise of the powers set

forth in subsection (c), when refusing to issue a permit

with respect to a highway under their jurisdiction, the

Commonwealth and local authorities may conduct or cause to

be conducted an alternate route study. The elements of an

engineering and traffic study conducted to designate an

alternate route pursuant to this section shall consist of

the same elements found in department regulations.

(e) Erection of signs.--The Commonwealth and local

authorities shall erect or cause to be erected and maintained

restriction signs designating the restrictions within 25 feet

of each end of a bridge or portion of highway restricted as

provided in subsection (a) or (b). In the case of a restriction

on a bridge or on a highway which does not begin or end at an

intersection with an unrestricted highway, the Commonwealth or

local authorities shall also place an advance informational

sign at the intersection nearest each end of the restricted

bridge or portion of highway which would allow drivers to avoid

the restricted bridge or portion of highway. No person shall

be convicted of violating subsection (a) or (b) unless the

restriction sign designating the restricted bridge or portion

of highway to traffic moving in the direction the person was

driving was posted as required in this subsection. However,

failure to post the restriction sign designating the restricted

bridge or portion of highway to traffic moving in the opposite

direction or failure to post any advance informational sign

shall not constitute a defense to a violation of this section.

(f) Actions to be in accordance with department

regulations.--All actions taken under authority of this section

shall be taken in accordance with department regulations.

(f.1) Local ordinances superseded.--Notwithstanding any

other provision of law, local authorities are prohibited from

enacting or enforcing ordinances inconsistent with the

provisions contained in this section.

(g) Penalty.--

(1) Any person operating a vehicle or combination upon

a highway or bridge in violation of a prohibition or

restriction imposed under subsection (a) is guilty of a

summary offense and shall, upon conviction, be sentenced to

pay a fine of $75, except that any person convicted of

operating a vehicle with a gross weight in excess of a posted

weight shall, upon conviction, be sentenced to pay a fine

of $150 plus $150 for each 500 pounds, or part thereof, in

excess of 3,000 pounds over the maximum allowable weight.

(2) Any person operating a vehicle or combination in

violation of a prohibition or restriction imposed under

subsection (b) is guilty of a summary offense and shall,

upon conviction, be sentenced to pay a fine of not more than

$500.

(h) (Reserved).

(i) Authority to conduct investigations and audits.--The

Commonwealth and local authorities may conduct or cause to be

conducted an investigation and audit of a person or entity to

determine if there has been a violation of this section,

pertinent regulation or agreement. Audits shall be limited to

proper usage of letters of local determination and de minimis

and minimum-use permits.

(j) Authority to suspend, revoke or deny permits.--The

Commonwealth and local authorities may suspend, revoke or deny

a permit and agreement if it is determined by the Commonwealth

or a local authority that there has been a violation of this

section, pertinent regulation or agreement, notwithstanding any

other provision of this section.

(June 18, 1980, P.L.229, No.68, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; June 22, 2001, P.L.411, No.33,

eff. 60 days; May 11, 2006, P.L.161, No.38, eff. 60 days; Nov.

25, 2013, P.L.974, No.89, eff. imd.; Oct. 24, 2018, P.L.725,

No.115, eff. imd; Oct. 24, 2018, P.L.881, No.138, eff. 60 days;

July 11, 2022, P.L.1591, No.91, eff. 60 days)

2022 Amendment. Act 91 amended subsec. (a)(5) and added

subsec. (a)(2.1).

2018 Amendments. Acts 115 and 138 amended subsec. (a)(4)

and (5). The amendments by Acts 115 and 138 are identical and

therefore have been merged.

2013 Amendment. Act 89 amended subsecs. (a) and (c) and

added subsecs. (h), (i) and (j). See the preamble to Act 89 in

the appendix to this title for special provisions relating to

legislative findings and declarations.

2006 Amendment. Act 38 amended subsec. (g)(2).

Cross References. Section 4902 is referred to in sections

4943, 4963, 6506 of this title.

§ 4903. Securing loads in vehicles.

(a) General rule.--No vehicle shall be driven or moved on

any highway unless the vehicle is so constructed or loaded as

to prevent any of its load from dropping, sifting, leaking or

otherwise escaping.

(b) Fastening load.--Every load on a vehicle shall be

fastened so as to prevent the load or covering from becoming

loose, detached or in any manner a hazard to other users of the

highway.

(1) Every load of logs on a vehicle shall be securely

fastened with binders, chains or straps and, in the case of

an open-body or stake-body vehicle, trailer or semitrailer

there shall be a sufficient number of vertical metal stakes

or posts securely attached on each side of the vehicle,

trailer or semitrailer at least as high as the top of the

load to secure such load in the event of a failure of the

binders, chains or straps.

(2) A load of logs which are greater than six feet in

length must be secured by three binders for each stack of

logs, except that, if the stacks are tiered so that one stack

rests upon the bottom stack or stacks, a total of three

binders is necessary for that tiered combination.

(3) A load of logs which are six feet or less in length

must be secured by two binders for each stack of logs, except

that, if the stacks are tiered so that one stack rests upon

the bottom stack or stacks, a total of three binders is

necessary for that tiered combination.

(4) A tiered combination which includes logs which are

greater than six feet and logs which are six feet or less

shall be governed by paragraph (2).

(c.1) Load of loose garbage.--Every load of loose, nonbaled

garbage, waste, refuse or rubbish being transported through or

within this Commonwealth shall be transported in a vehicle with

four solid sides and with a cover or top of a type to prevent

any of the load from escaping. The cover or top shall remain

tightly in place going to a disposal site. The load shall be

no higher than the solid sides of the vehicle. It is imperative

that all garbage, waste, refuse or rubbish be removed from the

vehicle at the disposal site to prevent any scattering of litter

on the highway during the return trip. No truck, trailer or

semitrailer with an open body or stake body shall be used for

such purposes. This subsection shall not apply to vehicles

engaged in the systematic collection of garbage or refuse and

which are designed to be open in the rear for the loading of

garbage or refuse.

(c.2) Load of baled garbage.--Garbage, municipal waste,

waste, refuse or rubbish in a tightly compacted and baled form

being transported through or within this Commonwealth shall be

securely fastened to the vehicle and covered over all exposed

areas by being placed within a woven bag or with a canvas cover

or cover of a comparable type. If a canvas cover or cover of a

comparable type is used, the cover shall be securely attached

to the underside of all sides of the truck, trailer or

semitrailer by straps. A woven bag, canvas cover or cover of a

comparable type shall have the purpose of preventing any of the

material from the bales from escaping. No part of any bale shall

be uncovered, except for inspection, at any time during

transportation within or through this Commonwealth until arrival

at the disposal site.

(c.3) Load of equipment with hydraulically operated boom

arm.--The boom arm of equipment with a hydraulically operated

boom arm being transported through or within this Commonwealth

shall be securely fastened to the vehicle with steel restraining

devices to prevent its movement or shifting during transit.

(d) Establishment of standards for fastening devices.--The

department may promulgate regulations establishing minimum

standards governing types and numbers of devices to be used in

securing loads to prevent spillage and leakage of a load while

in transit.

(e) Exceptions.--This section does not prohibit:

(1) the necessary spreading of any substance in highway

maintenance or construction operations; or

(2) the shedding or dropping of feathers or other matter

from vehicles hauling live or slaughtered birds or animals.

(f) Penalty for violation of subsection (a), (b) or (c).--A

person who owns or who operates a vehicle in violation of

subsection (a), (b) or (c) and, as a result of the violation,

any item, piece, fragment or part of the load escapes and causes

injury to a person or damage to another vehicle or other

property commits a summary offense and shall, upon conviction,

be sentenced to pay a fine of not less than $300 nor more than

$1,000. A violation of subsection (a), (b) or (c) which does

not result in injury to a person or damage to another vehicle

or other property constitutes a summary offense, punishable by

a fine of not less than $100 nor more than $300.

(g) Penalty for violation of subsection (c.1) or (c.2).--A

person who owns or who operates a vehicle in violation of

subsection (c.1) or (c.2) commits a summary offense and shall,

upon conviction, be sentenced to pay a fine of not less than

$300 nor more than $1,000. Notwithstanding the provisions of

42 Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines,

etc.) and 3573 (relating to municipal corporation portion of

fines, etc.), disposition of any fine collected for a violation

of subsection (c.1) or (c.2) shall be as follows:

(1) Unless paragraph (2) applies, the fine collected

shall be paid to the Commonwealth for deposit into the Motor

License Fund.

(2) If the county where the offense was committed has

a litter control program approved by the department, 50% of

the fine collected shall be paid to the county for

expenditure in the approved litter control program; and 50%

of the fine collected shall be paid to the Commonwealth for

deposit into the Motor License Fund.

(Mar. 13, 1990, P.L.69, No.14, eff. imd.; July 11, 1996,

P.L.660, No.115, eff. 60 days; Nov. 26, 2008, P.L.1658, No.133,

eff. 60 days; July 11, 2022, P.L.1591, No.91, eff. 60 days)

2022 Amendment. Act 91 amended subsec. (c.2).

2008 Amendment. Act 133 added subsec. (c.3).

1996 Amendment. Act 115 amended subsec. (c).

1990 Amendment. Act 14 added subsecs. (c.1), (c.2), (f) and

(g). See section 6 of Act 14 in the appendix to this title for

special provisions relating to construction of Act 14.

Cross References. Section 4903 is referred to in sections

3329, 3716 of this title.

§ 4904. Limits on number of towed vehicles.

(a) General rule.--No motor vehicle shall be operated upon

a highway towing more than one other vehicle except as otherwise

provided in this section.

(b) Farm tractors.--Farm tractors may tow no more than two

other vehicles when engaged in agricultural operations.

(1) A dolly not exceeding ten feet in length may be

towed by a motor vehicle for the purpose of towing another

vehicle requiring service.

(2) A combination requiring emergency service may be

towed to a nearby garage or other place of safety.

(d) Saddle-mount operations.--Not more than three truck

tractors, empty trucks or chassis therefor, may be towed by a

truck tractor, truck or the chassis thereof, provided that only

the rear wheels of the drawn vehicles shall touch the road

surface and the overall length of the combination does not

exceed 75 feet.

(e) Two-trailer combinations on interstate and certain other

highways.--Combinations consisting of a truck tractor and two

trailers may be driven only as described in section 4908

(relating to operation of certain combinations on interstate

and certain other highways).

(f) Tow dollies and converter gears.--A tow dolly or

converter gear may be towed by a motor vehicle for the purpose

of towing another vehicle, provided the combination meets all

requirements of section 4905 (relating to safety requirements

for towed vehicles) and separate lighting equipment is displayed

on the rear of a towed motor vehicle. A converter gear may also

be towed empty behind a combination consisting of a truck

tractor and semitrailer.

(g) Combinations permitted under section

4965(2).--Combinations permitted only to cross a highway to get

from one commercial or industrial facility to another under

section 4965(2) (relating to single permits for multiple highway

crossings) may consist of more than two units as long as the

dimensions and gross axle and wheel weight of the combination

and loads do not exceed the maximums specified in this chapter.

(h) Certain combinations permitted under section

4968.--Combinations consisting of a truck and one trailer or a

truck tractor and one trailer which exceeds the maximum vehicle

lengths authorized in section 4923 (relating to length of

vehicles) and which shall not exceed 102 inches in width, or a

truck tractor and no more than two trailers, each trailer of

which shall not exceed 102 inches in width and 28 1/2 feet in

length may be operated under a permit issued under section 4968

(relating to permit for movement during course of manufacture).

(i) Portable traffic control signals or devices.--Portable

traffic control signals mounted upon a trailer not exceeding

3,000 pounds gross vehicle weight may be operated in tandem as

long as the length of the two trailers combined does not exceed

300 inches and the trailers are designed by the manufacturer

to be able to be towed in tandem on public roadways.

(July 1, 1981, P.L.197, No.60, eff. imd.; July 7, 1983, P.L.32,

No.19, eff. imd.; July 11, 1985, P.L.204, No.52, eff. 90 days;

Nov. 29, 1985, P.L.316, No.81, eff. 60 days; July 9, 1986,

P.L.544, No.96, eff. 60 days; Feb. 10, 1994, P.L.10, No.2, eff.

imd.; Apr. 17, 1997, P.L.6, No.3, eff. 60 days; Oct. 24, 2012,

P.L.1307, No.163, eff. 60 days)

2012 Amendment . Act 163 added subsec. (i).

1997 Amendment. Act 3 amended subsec. (e).

1994 Amendment. Act 2 amended subsec. (d).

1986 Amendment. Act 96 amended subsec. (h).

1985 Amendment. Act 52 added subsec. (g).

1983 Amendment. Act 19 added subsecs. (e) and (f). See

section 7 of Act 19 in the appendix to this title for special

provisions relating to expiration of amendments authorizing two

trailers and long combinations.

1981 Amendment. Act 60 amended subsec. (c).

Cross References. Section 4904 is referred to in section

4908 of this title.

§ 4905. Safety requirements for towed vehicles.

(a) Connecting devices and distances.--When one vehicle is

towing another, the connection shall be of sufficient strength

to pull all weight towed. The distance between the vehicles

shall not exceed 15 feet except between any two vehicles

transporting poles, pipes, machinery or other objects of a

structural nature such that they cannot readily be dismembered.

(b) Red flags and lights.--If the distance between the

vehicles exceeds five feet, a red flag or cloth not less than

12 inches square shall be displayed upon the connection centered

between the vehicles. During hours of darkness a red light shall

be displayed at the same position in lieu of the flag or cloth.

attached to the vehicle drawing it so as to prevent the wheels

of the trailer from deflecting more than six inches from the

path of the drawing vehicle's wheels.

(d) Safety chains.--Whenever two vehicles are connected by

a ball-and-socket type hitch, or pintle hook without a locking

device, they shall also be connected by two safety chains of

equal length, each safety chain having an ultimate strength at

least equal to the gross weight of the towed vehicles. The

safety chains shall be crossed and connected to the towed and

towing vehicle and to the tow bar so as to prevent the tow bar

from dropping to the ground in the event the tow bar fails or

becomes disconnected. The safety chains shall have no more slack

than is necessary to permit proper turning.

(e) Obstructed lighting equipment.--Whenever the rear

running lights, stop lights, turn signals or hazard warning

lights required by the provisions of Chapter 43 (relating to

lighting equipment) are obstructed by the load on a vehicle or

by a towed vehicle or its load, lighting equipment shall be

displayed on the rear of the towed vehicle or load equivalent

to the obstructed lights or signals, except in the case of

implements of husbandry or commercial implements of husbandry

displaying the slow-moving vehicle emblem and operating between

sunrise and sunset.

(f) Penalty for violation of subsection (e).--

(1) A person who operates a commercial motor vehicle,

as defined in section 1603 (relating to definitions), in

violation of subsection (e) commits a summary offense and

shall, upon conviction, be sentenced to pay a fine of $300

for each violation.

(2) A person who operates a motor vehicle other than a

commercial motor vehicle, as defined in section 1603, in

violation of subsection (e) commits a summary offense and

shall, upon conviction, be sentenced to pay a fine of not

less than $50 nor more than $100.

(June 23, 1981, P.L.98, No.35, eff. 60 days; Dec. 18, 1992,

P.L.1411, No.174, eff. 60 days; Dec. 20, 1995, P.L.669, No.75,

eff. 120 days)

1995 Amendment. Act 75 added subsec. (f).

1992 Amendment. Act 174 amended subsec. (e).

Cross References. Section 4905 is referred to in section

4904 of this title.

§ 4906. Fire apparatus and emergency vehicles.

This chapter does not apply to fire apparatus being operated

on the highway unless specifically provided otherwise. The

weight requirements of this chapter do not apply to emergency

vehicles as defined in 23 U.S.C. § 127(r)(2) (relating to

vehicle weight limitations-Interstate System). In lieu of the

weight requirements of this chapter, the requirements of 23

U.S.C. § 127(r)(1) shall apply to emergency vehicles.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; July 20, 2017,

P.L.342, No.31, eff. 60 days)

§ 4907. Penalty for violation of chapter.

(a) General rule.--Any person violating any provision of

this chapter for which a penalty is not otherwise provided

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $300 for each violation.

(b) Penalty for violation of permit.--Any person whose

vehicle, combination or load is in violation of or not in

compliance with any condition of a permit and any person who

violates or fails to comply with any condition of a permit while

operating or transporting a vehicle, combination or load, in

addition to any other violation prohibited by this chapter,

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $500 for each violation.

permit.--Any person who violates or fails to comply with any

provision of a permit issued under section 6146.1 (relating to

multijurisdictional permit agreement), in addition to any other

violation prohibited by this title, commits a summary offense

and shall, upon conviction, be sentenced to pay a fine of $500

for each violation.

(d) Penalty for operation with an invalid permit.--Any

person who operates or moves an oversize or overweight vehicle,

combination or load with an expired, void or invalidated permit,

in addition to any other violation prohibited by this chapter,

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $1,000 for each violation.

(e) Failure to properly administer, adhere to and enforce

the requirements of this chapter.--When it is determined in a

summary proceeding that a local authority has failed to comply

with any of the requirements of this chapter or the department's

concomitant regulations, the following shall occur:

(1) The local authority shall be liable for the costs

for scheduling and conducting the proceeding and for the

reasonable costs incurred to respond to and defend against

the charges. The costs shall be assessed by the magisterial

district judge and payable within 30 days of assessment.

(2) The local authority shall forfeit any right of

recovery for the cost of any repairs and restoration

necessitated by the movement of vehicles upon highways or

bridges.

(Dec. 7, 1994, P.L.820, No.115, eff. imd.; Dec. 28, 1994,

P.L.1450, No.172, eff. 60 days; June 22, 2001, P.L.411, No.33,

eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

2004 Amendment. Act 207 amended subsec. (e)(1). See section

29 of Act 207 in the appendix to this title for special

provisions relating to construction of law.

2001 Amendment. Act 33 added subsec. (e).

Cross References. Section 4907 is referred to in section

4901 of this title.

§ 4908. Operation of certain combinations on interstate and

certain other highways.

(a) General rule.--Combinations authorized by section

4904(e) (relating to limits on number of towed vehicles) to

have two trailers may be driven only on the types of highways

and under the limitations set forth below:

(1) On the designated national network consisting of

all interstate highways and portions of Federal aid primary

highways having at least a 48-foot-wide roadway or two

24-foot-wide roadways and designated by the department as

capable of safely accommodating such vehicles.

(2) Between the designated national network and a

terminal or a facility for food, fuel, repair or rest having

an entrance within the access limitation prescribed by

Federal Highway Administration regulation of the nearest

ramp or intersection, but only on highways having lanes at

least ten feet wide.

(3) On highways marked with traffic route signs having

travel lanes at least ten feet in width unless prohibited

by the department on State highways or the municipality on

local highways based on safety reasons and marked with signs

prohibiting such vehicles.

(4) Between the highways authorized under paragraph (3)

and a terminal or facility for food, fuel, repair or rest

having an entrance within one-half road mile of the nearest

ramp or intersection, but only on highways having lanes at

least ten feet wide.

(5) Approval of a highway other than as designated under

paragraphs (1) through (4) shall be obtained from the:

(i) City in the case of a highway in a city.

(ii) Department in the case of a State highway not

in a city, except that the department will, upon request,

delegate authority to approve routes under this

subsection to a municipality which has been delegated

authority to issue permits under section 420 of the act

of June 1, 1945 (P.L.1242, No.428), known as the State

Highway Law.

(iii) Municipality in the case of a local highway

not in a city.

(b) Household goods carriers.--In addition to the operations

authorized in subsection (a), a household goods carrier,

consisting of a truck tractor and two trailers may be driven

between the designated national network and a point of loading

or unloading which can safely and reasonably be accessed using

highways approved under subsection (a)(2) through (5) for the

particular movement.

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(b.1) Short 102-inch trailers.--(Deleted by amendment).

amendment).

(d) Route approval.--(Deleted by amendment).

(e) Notice.--

(1) The department shall publish the designated network

established in subsection (a)(1) in the Pennsylvania Bulletin

as a notice under 45 Pa.C.S. § 725(a)(3) (relating to

additional contents of Pennsylvania Bulletin) and will also

forward the designated network to trucking companies and

associations and other interested parties, upon request.

(2) Approval of a route under subsection (a)(5) shall

be effective upon notice by the approving authority to the

person who requested it. Notice of the approval shall also

be given to State and affected local police and shall be

published in the Pennsylvania Bulletin in a timely manner

as a notice under 45 Pa.C.S. § 725(a)(3).

(3) Approval of a route under subsection (b)(2) shall

be effective upon notice by the approving authority to the

person who requested it. Notice of the approval shall also

be given to State and affected local police and shall be

published in the Pennsylvania Bulletin in a timely manner.

(f) Revocation of route approval.--The authority which

approved a route under subsection (a)(5) may revoke the route

approval if it determines that the route or some portion of it

cannot safely and reasonably accommodate combinations authorized

to exceed length or number of trailer limitations. Notice of

the revocation shall be published in the Pennsylvania Bulletin

as a notice under 45 Pa.C.S. § 725(a)(3) and shall be effective

15 days after such publication, except that the posting

authority may effect an earlier revocation by posting signs to

indicate the revocation. Written notice of the revocation shall

also be given to the person who requested the route approval

and to State and affected local police.

(g) Penalty.--A person who operates a combination in

violation of this section on a highway which is not marked with

signs prohibiting the operation of such a combination commits

a summary offense and shall, upon conviction, be sentenced to

pay a fine of $50 for each violation. A person cited under this

subsection shall not be subject to citation under section 4904.

(July 7, 1983, P.L.32, No.19, eff. imd.; Dec. 11, 1986,

P.L.1530, No.166, eff. 60 days; Feb. 10, 1994, P.L.10, No.2,

eff. imd.; Apr. 17, 1997, P.L.6, No.3, eff. 60 days; June 12,

2018, P.L.204, No.31, eff. 180 days)

2018 Amendment. Act 31 amended subsecs. (a) intro. par.,

(b) and (g) and deleted subsec. (b.1).

1983 Amendment. See section 7 of Act 19 in the appendix to

this title for special provisions relating to expiration of

amendments authorizing two trailers and long combinations.

Cross References. Section 4908 is referred to in section

4904 of this title.

§ 4908.1. Operation of motor homes on interstate and certain

other highways (Repealed).

2018 Repeal. Section 4908.1 was repealed June 12, 2018,

P.L.204, No.31, effective in 180 days.

§ 4909. Transporting foodstuffs in vehicles used to transport

waste.

(a) Offense defined.--

(1) A person commits a violation of this section if he

transports or knowingly provides a vehicle for the

transportation of any food product or produce intended for

human consumption in a vehicle which has been used to

transport any municipal, residual or hazardous waste or any

chemical or liquid, in bulk, which is not a food product or

produce.

(2) A person commits a violation of this section if he

knowingly accepts any food product or produce from, or

provides any food product or produce to, a vehicle used to

transport any municipal, residual or hazardous waste or any

chemical or liquid, in bulk, which is not a food product or

produce.

(b) Penalties.--

(1) A person who violates subsection (a)(1) shall, upon

conviction for the first offense, pay a fine of not less

than $1,000 nor more than $10,000. Upon the second or

subsequent conviction of subsection (a)(1), a person shall

pay a fine of not less than $5,000 nor more than $25,000,

or the court shall order the operating privilege of the

vehicle operator suspended for a period of up to one year,

or both. A copy of the order shall be transmitted to the

department.

(2) A person who violates subsection (a)(2) shall, upon

conviction for the first offense, pay a fine of not less

than $1,000 nor more than $10,000. A person who violates

subsection (a)(2) shall, upon the second or subsequent

conviction, pay a fine of not less than $5,000 nor more than

$25,000.

the commission of an offense under this section shall be deemed

contraband and forfeited in accordance with 42 Pa.C.S. §§ 5803

(relating to asset forfeiture), 5805 (relating to forfeiture

procedure), 5806 (relating to motion for return of property),

5807 (relating to restrictions on use), 5807.1 (relating to

prohibition on adoptive seizures) and 5808 (relating to

exceptions).

(d) Responsibility for cost.--The owner of any vehicle or

conveyance forfeited under subsection (c) shall be responsible

for any costs incurred in properly disposing of waste in the

vehicle or conveyance.

(e) Environmental Quality Board.--The Environmental Quality

Board shall have the power and its duty shall be to adopt

regulations, if necessary, to carry out the requirements of

this section. Regulations, if necessary, shall be proposed

within 90 days.

(f) Emergency telephone number.--The Pennsylvania State

Police shall establish or designate a toll-free telephone number

to report violations of illegal hauling.

(g) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Food product or produce." Any raw, cooked or processed

edible substance, beverage or ingredient used or intended for

use or for sale, in whole or in part, for human consumption.

"In bulk." Not divided into parts or packaged in separate

units.

"Municipal waste," "residual waste" or "hazardous waste."

The terms shall have the meanings given to them under the act

of July 7, 1980 (P.L.380, No.97), known as the Solid Waste

Management Act, and the act of July 28, 1988 (P.L.556, No.101),

known as the Municipal Waste Planning, Recycling and Waste

Reduction Act.

(Mar. 13, 1990, P.L.69, No.14, eff. imd.; June 29, 2017,

P.L.247, No.13, eff. July 1, 2017)

2017 Amendment. Act 13 amended subsec. (c).

1990 Amendment. Act 14 added section 4909. See section 6

of Act 14 in the appendix to this title for special provisions

relating to construction of act.

Environmental Quality Board. Section 502(c) of Act 18 of

1995, which created the Department of Conservation and Natural

Resources and renamed the Department of Environmental

Protection, provided that the Environmental Quality Board shall

have the powers and duties currently vested in it, except as

vested in the Department of Conservation and Natural Resources

by Act 18 of 1995, which powers and duties include those set

forth in section 4909.

Cross References. Section 4909 is referred to in section

5803 of Title 42 (Judiciary and Judicial Procedure).

SUBCHAPTER B

WIDTH, HEIGHT AND LENGTH

Sec.

4921. Width of vehicles.

4922. Height of vehicles.

4923. Length of vehicles.

4924. Limitations on length of projecting loads.

4925. Width of projecting loads on passenger vehicles.

Cross References. Subchapter B is referred to in sections

4961, 4962, 4968, 4970, 4977, 4978, 4979.4 of this title.

§ 4921. Width of vehicles.

(a) General rule.--The total outside width of a vehicle,

including any load, shall not exceed eight feet six inches

except as otherwise provided in this section.

(b) Special vehicles.--The following paragraphs determine

widths for special vehicles, with each paragraph specifically

controlling its own subject matter in the event of a conflict

with another paragraph:

(1) Any implement of husbandry or vehicle loaded with

crops or nutrients and not exceeding 12 feet in width may

be driven, hauled or towed between sunrise and sunset on

highways other than freeways.

(2) Any implement of husbandry not exceeding 14 feet 6

inches in width may be driven, hauled or towed without any

restriction as to time on highways other than freeways in

accordance with the following:

(i) (Reserved).

(ii) The implement may be driven, hauled or towed

within 50 miles of any farm owned or operated by the

owner of the implement of husbandry.

(iii) The implement may be driven, hauled or towed

between:

(A) farms; or

(B) a farm owned or operated by a farmer and a

place of business of a mechanic or dealer in

implements of husbandry;

located not more than 150 miles away for the purpose of

buying, selling, trading, loaning and leasing,

demonstrating, repairing or servicing the implement of

husbandry.

(iv) When driven, hauled or towed between sunset

and sunrise, the implement of husbandry shall have and

operate at least one flashing or revolving yellow light

or yellow strobe light, which shall be mounted to provide

visibility to vehicles approaching from any direction,

360° visibility, regardless of the method of mounting

and hazard signal lamps.

(2.1) Any implement of husbandry exceeding 14 feet 6

inches and not exceeding 18 feet in width may be driven,

hauled or towed between sunrise and sunset on highways other

than freeways if the implement of husbandry is covered by

financial responsibility under paragraph (2.2)(vi) and is

preceded by a pilot vehicle that displays an "oversize load"

sign on the front of the vehicle and has continuously

activated hazard signal lamps. The implement of husbandry

shall have and operate at least one flashing or revolving

yellow light or yellow strobe light, which shall be mounted

to provide visibility to vehicles approaching from any

direction, 360° visibility, regardless of the method of

mounting and hazard signal lamps. Implements subject to this

paragraph may be driven, hauled or towed:

(i) Within 50 miles of any farm owned or operated

by the owner of the implement of husbandry.

(ii) Between:

(A) farms; or

(B) a farm owned or operated by a farmer and a

place of business of a mechanic or dealer in

implements of husbandry;

located not more than 150 miles away for the purpose of

buying, selling, trading, loaning and leasing,

demonstrating, repairing or servicing the implement of

husbandry with at least five business days' prior notice

to the department by telephone. In cases of emergency

repair or servicing, advance notice is not required.

(2.2) An implement of husbandry exceeding 14 feet 6

inches and not exceeding 18 feet in width may be driven,

hauled or towed, and may be preceded by a pilot vehicle that

displays an "oversize load" sign on the front of the vehicle

and has continuously activated hazard signal lamps, on

highways other than freeways between sunset and sunrise

within 25 miles of any farm owned or operated by the owner

of the implement of husbandry if all of the following are

met:

(i) the implement of husbandry is equipped with

reflective edgemarks or lights to identify the outermost

edges of the rear and front of the implement that are

visible from the front, the rear and, as is practicable,

from each side;

(ii) the implement of husbandry shall have and

operate at least one flashing or revolving yellow light

or yellow strobe light, which shall be mounted to provide

visibility to vehicles approaching from any direction,

360° visibility, regardless of the method of mounting,

and hazard signal lamps;

(iii) the implement of husbandry is not driven,

hauled or towed at a speed greater than 25 miles per

hour;

(iv) the implement of husbandry is driven, hauled

or towed by a person who is at least 18 years of age;

(v) the implement of husbandry is followed by a

vehicle that is displaying an "oversize load" sign on

the rear of the vehicle and is operating continuously

activated hazard signal lamps; and

(vi) the implement of husbandry is covered by the

minimum levels of liability insurance coverage on the

vehicle as are required to be maintained under Chapter

17 (relating to financial responsibility) by owners of

registered motor vehicles. The requirement of this

subparagraph shall be met if the minimum amounts of

liability insurance coverage for the implement of

husbandry have been provided under farm liability

insurance coverage maintained generally by the owner.

Coverage prescribed under Subchapter B of Chapter 17

(relating to motor vehicle liability insurance first

party benefits) shall not be required to be maintained

or provided for the implement of husbandry.

(3) Special mobile equipment not exceeding nine feet

two inches in width may be driven, hauled or towed between

sunrise and sunset on highways other than freeways.

(4) The department may regulate the operation of special

vehicles subject to this subsection which regulations may

prohibit the operation of special vehicles on certain days

or during certain hours.

(4.1) A vehicle not exceeding 14 feet 6 inches in width

may be towed by an implement of husbandry exempt from

registration under section 1302(2.1) and (2.2) (relating to

vehicles exempt from registration) without any restriction

as to time on highways other than freeways, if all of the

following apply:

(i) The implement towing the vehicle is being

operated in accordance with subsection (a) or this

subsection.

(ii) The towed vehicle, when towed between sunset

and sunrise, has and operates at least one flashing or

revolving yellow light or yellow strobe light, which

shall be mounted to provide visibility to vehicles

approaching from any direction, 360 degree visibility,

regardless of the method of mounting and hazard signal

lamps.

(5) An implement of husbandry or vehicle used for crops

or nutrients and not exceeding 14 feet 6 inches in width may

be operated on highways other than freeways between sunset

and sunrise. The implement or vehicle, when used at this

time, shall have and operate at least one flashing or

revolving yellow light or strobe light, which shall be

mounted to provide visibility to vehicles approaching from

any direction, 360-degree visibility, regardless of the

method of mounting, and hazard signals.

(6) Except as provided in paragraph (6.1), commercial

implements of husbandry not exceeding 12 feet in width,

including wheels and tires, may be driven, hauled or towed

between sunrise and sunset on highways other than freeways.

(6.1) A commercial implement of husbandry not exceeding

12 feet in width, including wheels and tires, may be driven

between sunrise and sunset on a freeway, not including the

Pennsylvania Turnpike or an interstate highway, subject to

all of the following:

(i) The commercial implement of husbandry is capable

of reaching speeds of at least 40 miles per hour and

maintains a speed of at least 40 miles per hour at all

times when being driven on the freeway, unless otherwise

required by this title.

(ii) The tires on the commercial implement of

husbandry have a speed rating from the manufacturer of

at least 40 miles per hour.

(iii) The commercial implement of husbandry is not

driven for more than 30 miles on the freeway.

(iv) The commercial implement of husbandry is

equipped with one or more flashing or revolving yellow

lights in a manner determined by the department.

(v) The commercial implement of husbandry is driven

only in the right lane of the freeway, unless as

otherwise required by this title or required when exiting

the freeway.

(vi) The freeway has a maximum speed limit of 65

miles per hour at the locations on which the commercial

implement of husbandry is being driven.

(vii) The individual operating the commercial

implement of husbandry is at least 18 years of age and

has a valid driver's license.

(viii) The commercial implement of husbandry is

being driven to or from a farm, or farms, and the

business location of the owner of the commercial

implement of husbandry.

(ix) The commercial implement of husbandry is

covered by the minimum levels of liability insurance

coverage on the vehicle as required under Chapter 17 by

owners of registered motor vehicles.

(x) The commercial implement of husbandry is

followed by a vehicle with continuously activated hazard

signal lamps.

(xi) The height of the commercial implement of

husbandry does not exceed the maximum height established

in section 4922 (relating to height of vehicles), the

length of the commercial implement of husbandry does not

exceed the maximum length established in section 4923

(relating to length of vehicles) and the weight of the

commercial implement of husbandry does not exceed the

maximum weight established in section 4941 (relating to

maximum gross weight of vehicles).

(xii) The department has not prohibited the

operation of a commercial implement of husbandry on the

freeway in accordance with paragraph (6.2).

(6.2) The department may prohibit the operation of a

commercial implement of husbandry as authorized by paragraph

(6.1) on the entirety or a portion of a freeway if the

prohibition is needed to protect the safety of motorists.

(7) As used in this section, the following words and

phrases shall have the meanings given to them in this

subsection:

"Crop." The term includes, but is not limited to:

(i) Field crops, including corn, wheat, oats, rye,

barley, hay, potatoes and dry beans.

(ii) Fruits, including apples, peaches, grapes,

cherries and berries.

(iii) Vegetables, including tomatoes, snap beans,

cabbage, carrots, beets, onions and mushrooms.

"Nutrient." The term includes, but is not limited to:

(i) A substance or recognized plant nutrient,

element or compound that is used or sold for its plant

nutritive content or its claimed nutritive value.

(ii) Livestock and poultry manures and their

byproducts, compost used as fertilizer, commercially

manufactured chemical fertilizers, biosolids or

combinations of commercially manufactured chemical

biosolids.

(c.1) Motor homes or recreational trailers.--(Deleted by

amendment).

(c.2) Utility trailers.--(Deleted by amendment).

(c.3) Trucks other than combinations.--(Deleted by

amendment).

(d) Nondivisible loads.--(Deleted by amendment).

(e) Mirrors, sunshades and tarpaulins.--Mirrors, sunshades

and tarpaulins may extend beyond the maximum width of a vehicle

as follows:

(1) Mirrors may extend on each side a maximum of six

inches beyond the width of the vehicle, trailer or load,

whichever is greater.

(2) Sunshades may extend a maximum of six inches on

each side of the vehicle.

(3) Tarpaulins and the mechanical components of the

devices used to secure tarpaulins may extend no more than

six inches on each side of a vehicle or trailer.

(e.1) School buses.--School bus side stop signal arms, as

provided for in section 4552 (relating to general requirements

for school buses), may, when in an extended position displaying

red visual signals while the vehicle is stopped and loading or

discharging students, extend beyond the width limitation

otherwise provided in this section.

(e.2) Excluded devices.--Devices listed in and meeting the

requirements of 23 CFR Pt. 658 Appendix D (relating to devices

that are excluded from measurement of the length or width of a

commercial motor vehicle) are excluded from measurement of the

width of a motor vehicle.

(e.3) Highly automated vehicles.--If a highly automated

vehicle is operating on highways of this Commonwealth, a rear

visibility system comprised of a set of devices or components,

that together perform the function of producing the rearview

image, shall be considered a mirror or a similar device to a

mirror, and shall be excluded from the measurement of the width

of the highly automated vehicle consistent with applicable

Federal and State laws.

(f) Exceptions.--The provisions of this subchapter governing

the width of vehicles do not apply to street sweepers, snow

removal equipment, truck-mounted line-painting equipment and

recycling equipment used under the act of July 28, 1988

(P.L.556, No.101), known as the Municipal Waste Planning,

Recycling and Waste Reduction Act.

(July 20, 1979, P.L.168, No.55, eff. imd.; Mar. 7, 1982,

P.L.152, No.49, eff. imd.; July 7, 1983, P.L.32, No.19, eff.

imd.; Dec. 19, 1988, P.L.1290, No.163, eff. imd.; June 30, 1990,

P.L.266, No.63, eff. imd.; Dec. 18, 1992, P.L.1411, No.174,

eff. 60 days; May 20, 1993, P.L.30, No.10, eff. 60 days; July

2, 1993, P.L.408, No.58, eff. 60 days; Feb. 10, 1994, P.L.10,

No.2, eff. imd.; Dec. 7, 1994, P.L.820, No.115, eff. imd.; July

11, 1996, P.L.660, No.115, eff. 60 days; Apr. 17, 1997, P.L.6,

No.3, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60

days; June 22, 2001, P.L.411, No.33, eff. 60 days; Nov. 30,

2004, P.L.1667, No.211, eff. 60 days; Oct. 24, 2012, P.L.1405,

No.173, eff. 60 days; Oct. 24, 2012, P.L.1407, No.174, eff. 60

days; Nov. 1, 2012, P.L.1680, No.209, eff. 60 days; June 12,

2018, P.L.204, No.31, eff. 180 days; June 28, 2019, P.L.221,

No.28, eff. 60 days; July 11, 2022, P.L.1591, No.91, eff. 60

days; Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendments. Act 91 amended subsec. (b)(6) and added

subsec. (b)(6.1) and (6.2) and Act 130 added subsec. (e.3).

2019 Amendment. Act 28 amended subsec. (b)(2.1) and (2.2).

2018 Amendment. Act 31 amended subsec. (a), added subsec.

(e.2) and deleted subsecs. (c), (c.1), (c.2), (c.3) and (d).

2012 Amendments. Act 173 amended subsec. (b) intro. par.,

(1) and (5) and added subsec. (b)(7), Act 174 added subsec.

(b)(4.1) and Act 209 amended subsec. (b)(2) and added subsec.

(b)(2.1) and (2.2).

2001 Amendment. Act 33 amended subsec. (b).

1993 Amendments. Act 10 amended subsecs. (b)(5) and (6) and

(d) and Act 58 amended subsecs. (e) and (f).

1988 Amendment. Act 163 added subsec. (e.1).

Cross References. Section 4921 is referred to in section

4961 of this title.

§ 4922. Height of vehicles.

(a) General rule.--No vehicle, including any load, shall

exceed a height of 13 feet 6 inches. This provision shall not

be construed to require public authorities to provide sufficient

vertical clearance to permit the operation of such vehicles.

(b) Buses.--Any bus operated wholly within a municipality,

where permitted by the municipality, or in more than one

municipality, where approved by the Public Utility Commission,

may be of a total height, including load, not to exceed 14 feet

6 inches.

the height of vehicles do not apply to fire apparatus or to

vehicles used exclusively to repair overhead lights and wires.

(d) Penalty.--Any person convicted of operating a vehicle

with a height greater than 13 feet 6 inches and traveling

without a valid permit shall, upon conviction, pay a fine of

$500.

(Nov. 26, 2008, P.L.1658, No.133, eff. 60 days)

2008 Amendment. Act 133 added subsec. (d).

Cross References. Section 4922 is referred to in sections

4921, 4961 of this title.

§ 4923. Length of vehicles.

(a) Motor vehicles.--

(1) Except as provided in paragraph (2), no motor

vehicle, including any load and bumpers, shall exceed an

overall length of 40 feet.

(2) Paragraph (1) does not apply to the following:

(i) A motor vehicle equipped with a boom or boomlike

device if the vehicle does not exceed 55 feet.

(ii) A bus, school bus or motor home which does not

exceed 45 feet.

(iii) An articulated bus which does not exceed 63

feet.

(iv) An automobile or boat transporter which does

not exceed 45 feet, exclusive of an overhang of not more

than three feet on the front and four feet on the rear.

An automobile transporter shall not be prohibited from

the transport of cargo or general freight on a backhaul

if the automobile transporter complies with the weight

limitations for a motor vehicle.

(b) Excluded devices.--Devices listed in and meeting the

requirements of 23 CFR Pt. 658 Appendix D (relating to devices

that are excluded from measurement of the length or width of a

commercial motor vehicle) are excluded from measurement of the

length of a motor vehicle.

(b.1) Combinations.--

(1) The length of a single trailer being towed by a

truck or truck tractor shall not exceed 53 feet. Truck or

truck tractors towing trailers equipped with a kingpin shall

not be operated when the distance between the kingpin and

the center line of the rear axle or rear axle group exceeds

41 feet or, in the case of a trailer used exclusively or

primarily to transport vehicles in connection with motor

sports competition events, does not exceed 46 feet.

(2) For a double trailer, the length of each trailer

being towed in combination by a truck tractor shall not

exceed 28 1/2 feet.

(3) The overall length of the combination of a truck

tractor with a conventional fifth wheel and an auto or boat

transporter shall not exceed 65 feet, exclusive of an

overhang of not more than three feet on the front and four

feet on the rear of the combination.

(4) The overall length of a stinger-steered auto or

boat transporter combination shall not exceed 80 feet,

exclusive of an overhang of not more than four feet on the

front and six feet on the rear of the combination. A

stinger-steered automobile transporter shall not be

prohibited from the transport of cargo or general freight

on a backhaul if the stinger-steered automobile transporter

complies with the weight limitations for a truck tractor and

semitrailer combination.

(5) The overall length of a saddle-mount combination

shall not exceed 75 feet.

(6) The overall length of a maxi-cube combination shall

not exceed 65 feet.

(7) A combination consisting of any tow truck towing a

disabled motor vehicle to a place of repairs or other place

of safety.

(8) A combination transporting articles that,

themselves, do not exceed 70 feet in length and are

nondivisible as to length.

(9) The overall length of a towaway trailer transporter

combination shall not exceed 82 feet.

words and phrases shall have the meanings given to them in this

subsection:

"Automobile or boat transporter." A truck of a total length

not greater than 45 feet, exclusive of an overhang of not more

than three feet on the front and four feet on the rear of the

vehicle configured by the manufacturer to haul either

automobiles, light trucks or boats.

"Towaway trailer transporter combination." As follows:

(1) a combination of vehicles consisting of a trailer

transporter towing unit and two trailers or semitrailers

with a total weight that does not exceed 26,000 pounds; and

(2) the trailers or semitrailers carry no property and

constitute inventory property of a manufacturer, distributor

or dealer of the trailers or semitrailers.

"Trailer transporter towing unit." A power unit that is not

used to carry property when operating in a towaway trailer

transporter combination.

(June 6, 1979, P.L.39, No.12, eff. imd.; June 18, 1980, P.L.229,

No.68, eff. 60 days; July 1, 1981, P.L.197, No.60, eff. imd.;

July 7, 1983, P.L.32, No.19, eff. imd.; Dec. 11, 1986, P.L.1530,

No.166, eff. 60 days; Feb. 10, 1994, P.L.10, No.2, eff. imd.;

Apr. 17, 1997, P.L.6, No.3, eff. 60 days; June 22, 2001,

P.L.559, No.37, eff. imd.; Oct. 4, 2002, P.L.845, No.123, eff.

60 days; Nov. 30, 2004, P.L.1667, No.211, eff. 60 days; Oct.

24, 2012, P.L.1407, No.174, eff. 60 days; June 30, 2014,

P.L.814, No.85, eff. 60 days; July 20, 2017, P.L.342, No.31,

eff. 60 days; June 12, 2018, P.L.204, No.31, eff. 180 days)

2018 Amendment. Act 31 amended subsec. (b.1)(1) and added

subsec. (b).

2017 Amendment. Act 31 amended subsecs. (a)(2), (b.1) and

(c).

2014 Amendment. Act 85 amended subsec. (a).

1983 Amendment. See section 7 of Act 19 in the appendix to

this title for special provisions relating to expiration of

amendments authorizing two trailers and long combinations.

Cross References. Section 4923 is referred to in sections

4904, 4924 of this title.

§ 4924. Limitations on length of projecting loads.

(a) General rule.--Subject to the provisions of this

subchapter limiting the length of vehicles and loads, the load

upon any vehicle or the load upon the front vehicle of a

combination of vehicles shall not extend more than three feet

beyond the foremost part of the vehicle, and the load upon any

vehicle operated alone or the load, other than a nondivisible

load, upon the rear vehicle of a combination shall not extend

more than six feet beyond the rear of the bed or body of such

vehicle.

(b) Red flags and lights.--If the load on any vehicle

extends more than four feet beyond the rear of the vehicle, a

red flag or cloth not less than 12 inches square shall be

displayed at the end of the load. During hours of darkness, a

red light shall be displayed in the same position in lieu of

the flag or cloth.

(a) does not permit loads to exceed the maximum limits set forth

in section 4923 (relating to length of vehicles).

(d) Exceptions.--Except for subsection (b), this section

does not apply to a motor vehicle specifically designed and

being used to:

(1) transport roof trusses; or

(2) transport live trees for transplanting.

(Nov. 23, 1987, P.L.399, No.82, eff. 60 days; May 20, 1993,

P.L.30, No.10, eff. 60 days)

1993 Amendment. Act 10 amended subsec. (d).

§ 4925. Width of projecting loads on passenger vehicles.

(a) General rule.--No passenger-type vehicle shall be

operated on any highway with a load extending beyond the left

side of the vehicle nor extending more than 12 inches beyond

the right side of the vehicle.

(b) Exception.--This section does not apply to emergency

vehicles.

SUBCHAPTER C

MAXIMUM WEIGHTS OF VEHICLES

Sec.

4941. Maximum gross weight of vehicles.

4942. Registered gross weight.

4943. Maximum axle weight of vehicles.

4944. Maximum wheel load.

4945. Penalties for exceeding maximum weights.

4946. Impoundment of vehicles for nonpayment of overweight

fines (Repealed).

4947. Disposition of impounded vehicles and loads (Repealed).

4948. Maximum weight and seating capacity of buses.

4949. Application to tow trucks.

Cross References. Subchapter C is referred to in sections

4961, 4968, 4974, 4976, 4976.1, 4976.2, 4978, 4979, 4979.1,

4979.2, 4979.3, 4979.4, 4979.5, 4979.6, 4982, 6506 of this

title.

§ 4941. Maximum gross weight of vehicles.

(a) General rule.--Except as provided for in subsection

(d), no vehicle shall, when operated upon a highway, have a

gross weight exceeding 80,000 pounds, and no combination driven

upon a highway shall have a gross weight exceeding 80,000

pounds, or the applicable weight set as forth in subsection (b)

or (c), whichever is less.

(b) Combination of vehicles.--No combination shall, when

operated upon a highway, have a gross weight exceeding the

following:

Maximum

Gross WeightCombination of Vehicles

In Pounds

58,400Two-axle truck tractor & single-axle semitrailer

73,280Two-axle truck tractor & two-axle semitrailer

73,280Three-axle truck tractor & single-axle semitrailer

73,280Two-axle truck & two-axle trailer

highway shall have a gross weight exceeding the following

specified maximum gross weight for the following described motor

vehicles:

Maximum

Gross Weight

In Pounds

38,000Two-axle motor vehicle

58,400Three-axle motor vehicle

73,280Four-axle motor vehicle

73,280Five-axle motor vehicle

77,000Six-axle motor vehicle

80,000Seven-axle motor vehicle

(d) Natural gas and electric vehicles.--

(1) Notwithstanding any other provision of law, a

vehicle that is operated by an engine fueled primarily by

compressed or liquefied natural gas or powered primarily by

means of electric battery power may exceed the gross vehicle

weight limits imposed under this section by an amount, not

to exceed a maximum of 2,000 pounds, that is equal to the

difference between the weight of the vehicle attributable

to the natural gas tank and fueling system or the battery

or battery pack carried by the vehicle and the weight of a

comparable diesel tank and fueling system.

(2) The weight exemption provided for under this

subsection shall apply to all State highways and interstate

highways as provided by the exemption permitted under 23

U.S.C. § 127 (relating to vehicle weight

limitations-Interstate System).

(June 18, 1980, P.L.229, No.68, eff. 60 days; Oct. 10, 1980,

P.L.791, No.147, eff. imd.; Dec. 21, 1998, P.L.1126, No.151,

eff. 60 days; June 22, 2001, P.L.559, No.37, eff. 60 days; July

20, 2017, P.L.342, No.31, eff. 60 days; Nov. 3, 2022, P.L.2067,

No.145, eff. 60 days)

2022 Amendment. Act 145 amended subsec. (d)(1).

2017 Amendment. Act 31 amended subsec. (a) and added

subsec. (d).

2001 Amendment. Act 37 amended subsecs. (a) and (c).

Cross References. Section 4941 is referred to in sections

4921, 4945, 4961 of this title.

§ 4942. Registered gross weight.

(a) Single vehicle limits.--No vehicle registered as a

truck, a combination or a trailer shall be operated with a gross

weight in excess of its registered gross weight.

(b) Truck towing trailer.--No vehicle registered as a truck

shall be operated with a gross weight, exclusive of any trailer

being towed, in excess of its registered gross weight as a

truck.

a gross weight or registered gross weight in excess of 10,000

pounds shall be operated with a gross weight in excess of the

registered gross weight of the truck or truck tractor for a

combination. This subsection shall not apply to a combination

of vehicles consisting of a motor vehicle towing a recreational

trailer or recreational cargo trailer, registered as such, as

long as the combination weight does not exceed the sum of the

manufacturer's rated axle capacities or the gross combination

weight rating, whichever is less.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Oct. 24, 2018,

P.L.881, No.138, eff. 180 days)

2018 Amendment. Act 138 amended subsec. (c).

Cross References. Section 4942 is referred to in section

4945 of this title.

§ 4943. Maximum axle weight of vehicles.

(a) General rule.--No vehicle or combination driven upon a

highway shall have a weight upon any axle in excess of the

lesser of the manufacturer's rated axle capacity or the

following applicable weight:

(1) Steering axles.--The maximum axle weight upon a

steering axle shall not exceed 20,000 pounds.

(2) Other axles.--

Maximum Axle Weight in Pounds Upon:

If the Center-to-Center

Other of TwoOne of TwoDistance Between the

Adjacent AxlesAdjacent AxlesNearest Adjacent Axles is:

18,00018,000Under 6 feet

22,40018,0006 to 8 feet

22,40022,400Over 8 feet

(b) Exceptions and special applications.--

(1) No combination registered and carrying a gross

weight in excess of 73,280 pounds shall have an overall gross

weight on any single axle, other than the steering axle, in

excess of 20,000 pounds, or an overall gross weight on any

group of two or more consecutive axles in excess of that

produced by application of the following formula:

)

LN + (12N + 36)

(

W = 500

N-1

Where W = overall gross weight on any group of two or more

consecutive axles to the nearest 500 pounds, L = distance

in feet between the extreme of any group of two or more

consecutive axles and N = number of axles in group under

consideration, except that two consecutive pairs of axles

may carry a gross load of 34,000 pounds each, provided the

overall distance between the first and last axles of such

consecutive pairs of axles is 36 feet or more.

(2) When a truck tractor is registered in excess of

73,280 pounds and is operating in combination with an overall

gross weight of 73,280 or less, the maximum axle weight

limits of subsection (a)(1) and (2) shall be applicable for

the purposes of weighing the combination.

(3) No trucks registered in Classes 17 and 20 shall

have an overall gross weight in excess of 21,400 pounds on

any tandem axle. In addition, a group of three tandem axles

shall not have an overall gross weight in excess of 60,000

pounds. This paragraph shall not be applicable to interstate

highways except for a highway added to the interstate system

under the National Highway System Designation Act of 1995

(Public Law 104-59, 109 Stat. 568).

(4) Subsection (a)(1) and (2) do not apply to a vehicle

or combination operating under the terms of an agreement

established under section 4902(c) (relating to restrictions

on use of highways and bridges). This paragraph shall not

be applicable to interstate highways except for a highway

added to the interstate system under the National Highway

System Designation Act of 1995.

(5) For the purpose of determining the weight that a

six-axle combination registered in Class 25 shall be

permitted to carry on a highway, paragraph (1) shall be

applied only in the following manner. If the external bridge

of the combination is 43 feet and the internal bridge is 32

feet, a group of two consecutive axles may carry a gross

weight of 34,000 pounds and a group of three consecutive

axles may carry a gross weight of 42,500 pounds. These axles

shall be weighed simultaneously to determine their gross

weight.

(6) (Deleted by amendment).

with a gross weight in excess of the sum of the allowable axle

weights as set forth in this section, nor shall any vehicle or

combination be driven with a gross weight in excess of the sum

of the manufacturer's rated axle capacities.

(d) Location of front axle of semitrailer.--(Deleted by

amendment).

(e) Lift-axle position.--

(1) Except when necessary for turning a truck that is

operating under normal load conditions, the lift axle shall

be in full contact with the highway under full pressure.

(2) Any person violating this subsection is guilty of

a summary offense and shall, upon conviction, be sentenced

to pay a fine of $250.

(June 18, 1980, P.L.229, No.68, eff. 60 days; Oct. 10, 1980,

P.L.791, No.147, eff. imd.; July 7, 1983, P.L.32, No.19, eff.

imd.; Mar. 21, 1996, P.L.35, No.11, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 amended subsec. (b)(3) and (4) and

deleted subsecs. (b)(6) and (d).

1996 Amendment. Act 11 amended subsec. (b).

1983 Amendment. Act 19 amended subsec. (a).

Cross References. Section 4943 is referred to in section

4945 of this title.

§ 4944. Maximum wheel load.

No motor vehicle or combination shall, when operated upon a

highway, have a weight upon any one wheel in excess of 800

pounds for each nominal inch of width of tire on the wheel.

Special mobile equipment may be authorized to carry up to 1,000

pounds per nominal inch of tire width subject to the issuance

of a permit by the department.

(June 18, 1980, P.L.229, No.68, eff. 60 days; June 11, 1992,

P.L.266, No.47, eff. 60 days)

Cross References. Section 4944 is referred to in section

4945 of this title.

§ 4945. Penalties for exceeding maximum weights.

(a) Gross weight violations.--

(1) Any person driving a vehicle or combination upon a

highway exceeding the maximum gross weight allowed by section

4941 (relating to maximum gross weight of vehicles) or the

registered gross weight allowed by section 4942 (relating

to registered gross weight), whichever is less, is guilty

of a summary offense and shall, upon conviction, be sentenced

to pay a fine of $75 plus $75 for each 500 pounds, or part

thereof, in excess of 3,000 pounds over the maximum gross

weight or the registered gross weight.

(2) If the gross weight of any vehicle or combination

exceeds the applicable gross weight allowed under section

4941(a), the fine imposed under this subsection shall be

doubled.

(b) Axle weight violation.--Subject to the provisions of

section 4982(c) (relating to reducing or readjusting loads of

vehicles), any person operating a vehicle or combination with

a weight on an axle or group of consecutive axles exceeding the

maximum axle weights allowed by section 4943 (relating to

maximum axle weight of vehicles) is guilty of a summary offense

and shall, upon conviction, be sentenced to pay a fine of $100

plus $100 for each 500 pounds, or part thereof, in excess of

2,000 pounds over the maximum axle weight allowed.

or combination upon a highway exceeding the maximum wheel weight

allowed by section 4944 (relating to maximum wheel load) is

guilty of a summary offense and shall, upon conviction, be

sentenced to pay a fine of $100 plus $100 for each 200 pounds,

or part thereof, in excess of 200 pounds over the maximum wheel

weight allowed.

(d) Concurrent violations.--In any case in which there are

concurrent violations of more than one of the sections or

subsections of this subchapter prescribing maximum weights, the

only penalty imposed shall be for violation of that section or

subsection which produces the greatest fine.

(June 18, 1980, P.L.229, No.68, eff. 60 days; Dec. 11, 1986,

P.L.1530, No.166, eff. 60 days)

1986 Amendment. Act 166 amended subsec. (b).

1980 Amendment. Act 68 amended subsec. (a).

§ 4946. Impoundment of vehicles for nonpayment of overweight

fines (Repealed).

1985 Repeal. Section 4946 was repealed June 19, 1985,

P.L.49, No.20, effective in 60 days.

§ 4947. Disposition of impounded vehicles and loads (Repealed).

1985 Repeal. Section 4947 was repealed June 19, 1985,

P.L.49, No.20, effective in 60 days.

§ 4948. Maximum weight and seating capacity of buses.

(a) Gross, axle and wheel weights.--No bus shall be operated

upon any highway with a gross weight in excess of 73,280 pounds,

or with a weight on any axle in excess of the lesser of the

manufacturer's rated axle capacity or 22,400 pounds on any

single axle. Buses operated upon interstate highways shall not

have a weight on any axle in excess of 20,000 pounds. No bus

shall be operated on a highway with a weight upon any wheel in

excess of 800 pounds on any one wheel for each nominal inch of

width of tire on the wheel.

(b) Seating capacity load.--A bus shall not be operated on

a highway with a load exceeding by more than 25% its registered

seating capacity except when operated within a business or

residence district. A child under the age of six years shall

not be counted when computing the load on the bus.

a gross weight or with weight on any axle or wheel exceeding

by more than 5% the maximum allowed in subsection (a) is guilty

of a summary offense and shall, upon conviction, be sentenced

to pay a fine of $100. If the excess weight is more than 10%

above the maximum weight allowed, the fine shall be $300. Any

person in violation of subsection (b) is guilty of a summary

offense and shall, upon conviction, be sentenced to pay a fine

of not less than $50 nor more than $100.

(June 6, 1979, P.L.39, No.12, eff. imd.; Oct. 10, 1980, P.L.791,

No.147, eff. imd.)

1980 Amendment. Act 147 amended subsec. (a).

§ 4949. Application to tow trucks.

The weight restrictions set forth in this subchapter do not

apply to a combination consisting of any tow truck towing a

disabled motor vehicle to a place of repairs or other place of

safety as long as the overweight combination travels directly

to the first available such location and the movement is

performed at the direction of authorized emergency personnel

or a qualified Commonwealth employee.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

2002 Amendment. Act 152 added section 4949.

SUBCHAPTER D

SPECIAL PERMITS FOR EXCESSIVE

SIZE AND WEIGHT

Sec.

4961. Authority to issue permits.

4962. Conditions of permits and security for damages.

4963. Exemptions for vehicles used in State highway

construction or maintenance.

4964. Oral authorization following emergency or accident.

4965. Single permits for multiple highway crossings.

4966. Permit for movement of quarry equipment.

4967. Permit for movement of implements of husbandry

(Repealed).

4968. Permit for movement during course of manufacture.

4969. Permit for movement of vehicles with oversize wheels and

tires (Repealed).

4970. Permit for movement of construction equipment.

4971. Permit for operation of chemical and fertilizer vehicles

(Deleted by amendment).

4972. Permits for migrant farm vehicles (Repealed).

4973. Permits for movement of a mobile home, a manufactured

home or a modular housing unit and modular housing

undercarriage.

4974. Permit for movement of containerized cargo.

4975. Permit for movement of special mobile equipment.

4976. Permit for movement of domestic animal feed and whole

or unprocessed grain.

4976.1. Permit for movement of live domestic animals.

4976.2. Permit for movement of eggs.

4977. Permit for movement of wooden structures.

4978. Permit for movement of building structural components.

4979. Permit for movement of particleboard or fiberboard used

in the manufacture of ready-to-assemble furniture.

4979.1. Permit for movement of bulk refined oil.

4979.2. Permit for movement of waste coal, beneficial combustion

ash or limestone.

4979.3. Permit for movement of float glass or flat glass for

use in construction and other end uses.

4979.4. Permit for movement of self-propelled cranes.

4979.5. Permit for movement of nonhazardous liquid glue.

4979.6. Permit for movement of waste tires.

Cross References. Subchapter D is referred to in section

4982 of this title.

§ 4961. Authority to issue permits.

(a) General rule.--The department and local authorities

with respect to highways under their respective jurisdictions

may, upon application in writing showing good cause, issue

special permits in writing authorizing the applicant to operate

or move on specified highways any of the following:

(1) A vehicle which when unloaded exceeds the maximum

size specified in Subchapter B (relating to width, height

and length) or the maximum weights specified in Subchapter

C (relating to maximum weights of vehicles).

(2) A combination carrying a nondivisible load and

exceeding the maximum size specified in Subchapter B or the

maximum weights specified in Subchapter C.

(3) A vehicle containing a nondivisible load which

exceeds the maximum width specified in section 4921(a)

(relating to width of vehicles) or the maximum height

specified in section 4922 (relating to height of vehicles).

(4) A mobile home.

(5) A modular housing or manufactured construction unit

which exceeds the maximum size prescribed in this title.

(5.1) A manufactured construction unit which exceeds

the maximum size and weight prescribed in this title.

(6) A modular housing or manufactured construction unit

undercarriage which exceeds the maximum size prescribed in

this title.

(7) Such other vehicles and combinations as are

specifically authorized in this chapter.

(b) Limitation for truck tractors.--Permits to exceed the

maximum weight limit shall be issued only for truck tractors

registered at the maximum weight permitted under section 4941(a)

or (b) (relating to maximum gross weight of vehicles). When a

truck tractor is operating under permit, the fine for axle and

gross weight violations shall only be applicable to the weight

that the vehicle is in excess of the weight allowed on the

permit.

shall empower an authorized representative or employee to issue

permits as provided in subsection (a) and may provide a place

within each county where the permits may be issued.

(d) Excess damage permits.--The department and local

authorities having highways under their respective jurisdictions

may issue a permit with a maximum distance of 2.5 miles for the

movement upon specified highways of combinations in excess of

the maximum weights specified in Subchapter C and may require

such security as deemed necessary to cover the cost of repairs

and restoration necessitated by the movement of such vehicles.

Permits issued under this subsection shall be subject to the

following conditions:

(1) The security shall be in the form of an irrevocable

letter of credit signed by a bank officer and naming the

department or local authority as sole beneficiary, to be

honored on presentment.

(2) The maximum allowable gross weight shall be 125,000

pounds.

(3) Upon notification from the department or local

authority, the permittee shall reimburse the department or

local authority for repair and restoration costs determined

to be necessitated by the movement of the overweight

vehicles. Failure to reimburse the department or local

authority within 60 days of said notice shall automatically

invalidate the permit and cause action against the letter

of credit.

(Oct. 10, 1980, P.L.791, No.147, eff. imd.; Mar. 7, 1982,

P.L.152, No.49, eff imd.; May 1, 1984, P.L.224, No.48, eff. 60

days; July 11, 1985, P.L.204, No.52, eff. 90 days; Feb. 10,

1994, P.L.10, No.2, eff. 60 days; Dec. 21, 1998, P.L.1126,

No.151, eff. 60 days; Dec. 9, 2002, P.L.1278, No.152, eff. 60

days)

Cross References. Section 4961 is referred to in sections

1302, 1943, 4962 of this title.

§ 4962. Conditions of permits and security for damages.

(a) General rule.--Permits may be conditioned by limiting

the number of trips or by establishing seasonal or other time

limitations or geographic limitations including limitations as

to prescribed highways or by otherwise limiting or prescribing

conditions of operation under the permit as the department or

local authorities shall deem necessary to protect the safety

of highway users, to promote the efficient movement of traffic

or to protect the highways. The department or local authorities

may require such undertaking or security as they deem necessary

to compensate for any damage to any highway or structure or

appurtenance.

(b) Display of permit.--Every permit shall be carried in

the towing vehicle and shall be open to inspection by any police

officer or authorized agent of the issuing agency or any person

having an accident involving a permitted vehicle or combination.

cause and shall be subject to summary confiscation or

invalidation as provided by departmental regulations.

(d) Special escort services.--The department or local

authorities shall specify what movements require special escort

services of the Pennsylvania State Police, local police or

department personnel as determined under section 4901(c)(2)

(relating to scope and application of chapter).

(e) Liability of permittee for damage.--The permittee shall

be liable for all damage to any highway structure or

appurtenance sustained as a result of operating or moving under

the permit.

(f) When loads permitted.--Only vehicles and combinations

permitted under the following provisions shall be authorized

to carry or haul loads while operating under the permit:

Section 4961(a)(2), (3) and (6) (relating to authority

to issue permits).

Section 4965 (relating to single permits for multiple

highway crossings).

Section 4968 (relating to permit for movement during

course of manufacture).

Section 4974 (relating to permit for movement of

containerized cargo).

Section 4975 (relating to permit for movement of special

mobile equipment).

Section 4976 (relating to permit for movement of domestic

animal feed).

Section 4976.1 (relating to permit for movement of live

domestic animals).

Section 4976.2 (relating to permit for movement of eggs).

Section 4977 (relating to permit for movement of wooden

structures).

Section 4978 (relating to permit for movement of building

structural components).

Section 4979 (relating to permit for movement of

particleboard or fiberboard used in the manufacture of

ready-to-assemble furniture).

Section 4979.1 (relating to permit for movement of bulk

refined oil).

Section 4979.2 (relating to permit for movement of waste

coal and beneficial combustion ash).

Section 4979.3 (relating to permit for movement of float

glass or flat glass for use in construction and other end

uses).

Section 4979.4 (relating to permit for movement of

self-propelled cranes).

Section 4979.5 (relating to permit for movement of

nonhazardous liquid glue).

Section 4979.6 (relating to permit for movement of waste

tires).

(f.1) Authorized travel periods.--A permitted vehicle,

combination or load which does not exceed 135,000 pounds gross

weight and which does not exceed 10 feet in width or any height

or length limitation under Subchapter B (relating to width,

height and length) may be driven, hauled or towed 24 hours a

day, seven days a week, if the vehicle or combination is

operated at prevailing speeds. Movement under this subsection

is not authorized during inclement weather, as defined in

department regulations.

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(f.2) One pilot car.--Vehicles greater than 13 feet but not

greater than 14 feet in body width, even if the total length

of the vehicle or combination, including the load on the

combination, exceeds 90 feet but is not in excess of 120 feet,

shall only be required to maintain one pilot car. The position

of the pilot car to the front or rear of the permitted vehicle

may be determined by the department.

(f.3) Additional authorized travel periods.--Except as

otherwise provided under this title, a permitted vehicle,

combination or load which is oversized (over-length, over-width

or over-height), overweight or both oversized and overweight

may operate under a permit from sunrise to sunset every day of

the week, except as follows:

(1) During a holiday period specified in department

regulations or in the permit.

(2) During inclement weather as defined in department

regulations.

(3) In urbanized areas as specified in department

regulations or the permit.

(4) As restricted by the permit.

(f.4) Travel restriction.--A permitted oversized vehicle

may not travel within 1,000 feet of another permitted oversized

vehicle traveling in the same direction, unless the vehicle is

one of the following:

(1) A military vehicle.

(2) A vehicle traveling in a construction zone.

(3) A vehicle traveling within 2,500 feet of a stop

sign, traffic light or any other traffic control signal or

event that would cause either vehicle to come to a stop.

(f.5) Transport.--Notwithstanding the provisions of this

title to the contrary, a permit issued under section 4961 or

4973 (relating to permits for movement of a mobile home, a

manufactured home or a modular housing unit and modular housing

undercarriage) for the movement of manufactured homes, modular

homes, mobile homes, manufactured construction units or modular

housing undercarriages shall permit the transport of multiple

sections of homes, units or undercarriages or any and all

components needed or used to assemble the homes, units or

undercarriages, including, but not limited to, shingles,

dormers, trusses and gable end walls, provided that the multiple

sections and components do not cause the overall weight to

exceed 80,000 pounds or exceed the width, length or height

limitations set forth in the permit.

(f.6) One certified escort vehicle.--

(1) A super load, as defined in section 3108(c)

(relating to drivers of certified escort vehicles), shall

be required to maintain one certified escort vehicle under

section 4573(b) (relating to identification of certain

vehicles) unless otherwise determined under section 4901(c)

that an additional certified escort vehicle or a Pennsylvania

State Police escort is necessary.

(2) The requirements of this subsection are in addition

to, not in lieu of, all other pilot car requirements for the

super load movement.

(f.7) Movement of dozers.--

(1) A permitted vehicle or combination hauling a dozer

with an attached blade in excess of 12 feet in width, but

not wider than 15 feet, may move upon a highway if:

(i) a traffic protector guiderail device is securely

fastened to the dozer; or

(ii) the blade is angled so the total width of the

load does not exceed 12 feet.

(2) A blade over 15 feet in width shall be removed and

hauled separately.

(g) Penalty.--Any person who operates or moves or attempts

to operate or move an oversize or overweight vehicle,

combination or load under an altered, forged or counterfeited

permit, in addition to any other violation prohibited by this

title, commits a summary offense and shall, upon conviction,

be sentenced to pay a fine of $5,000 for each violation.

(July 11, 1985, P.L.204, No.52, eff. 90 days; July 1, 1989,

P.L.115, No.24, eff. 60 days; May 20, 1993, P.L.30, No.10, eff.

60 days; Dec. 7, 1994, P.L.820, No.115, eff. imd.; Dec. 28,

1994, P.L.1450, No.172, eff. 60 days; July 6, 1995, P.L.315,

No.48, eff. 60 days; Dec. 20, 1995, P.L.669, No.75, eff. 60

days; Feb. 23, 1996, P.L.21, No.8, eff. 60 days; July 11, 1996,

P.L.660, No.115; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days;

June 25, 1999, P.L.164, No.23, eff. 60 days; July 14, 2005,

P.L.285, No.50, eff. 60 days; July 16, 2007, P.L.106, No.33,

eff. 60 days; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Oct.

24, 2012, P.L.1473, No.187, eff. 60 days; Nov. 25, 2013,

P.L.974, No.89, eff. 60 days; Mar. 19, 2014, P.L.361, No.23,

eff. imd.; June 30, 2014, P.L.814, No.85, eff. 60 days; Oct.

30, 2015, P.L.216, No.55, eff. 60 days; July 20, 2017, P.L.318,

No.24, eff. 60 days; June 25, 2021, P.L.59, No.22, eff. 60 days)

2021 Amendment. Act 22 added subsec. (f.7).

2017 Amendment. Act 24 amended subsec. (f.1).

2015 Amendment. Act 55 amended subsec. (d) and added subsec.

(f.6).

2014 Amendments. Act 23 amended subsec. (f.3) intro. par.

and Act 85 amended subsec. (f.2) and added subsecs. (f.4) and

(f.5).

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

2012 Amendment . Act 187 amended subsec. (f).

2010 Amendment. The preamble of Act 81 provided that Act

81 may be referred to as the Sgt. Michael C. Weigand Law.

1994 Amendments. Act 115 amended subsec. (c) and added

subsec. (g) and Act 172 amended subsec. (c) and added subsec.

(g). The amendments by Acts 115 and 172 are identical and

therefore have been merged.

Cross References. Section 4962 is referred to in sections

1302, 1946, 4973 of this title.

§ 4963. Exemptions for vehicles used in State highway

construction or maintenance.

When operating within the established construction or

maintenance project limits as specified in the highway

construction plans or contract documents, no permit shall be

required for movement across, upon or along any highway of

oversize or overweight vehicles of the department or a

contractor or other person currently involved in the authorized

construction or maintenance of the highway. Movement under this

section is not authorized upon a bridge posted under section

4902 (relating to restrictions on use of highways and bridges)

unless the posted bridge is currently being reconstructed or

maintained.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; June 22, 2001,

P.L.559, No.37, eff. 60 days)

§ 4964. Oral authorization following emergency or accident.

In the event of an emergency or accident affecting the public

safety or convenience, the department and local authorities may

orally authorize the operation or movement of a vehicle or

combination which exceeds the maximum size or weight specified

in this chapter provided a permit is applied for within 72 hours

of the operation or movement.

§ 4965. Single permits for multiple highway crossings.

A single permit may be issued for a number of movements

across the highway at specified locations within a fixed period

of time of vehicles or combinations:

(1) exceeding the maximum size or weight specified in

this chapter; or

(2) used to cross a highway to get from one commercial

or industrial facility to another commercial or industrial

facility under the same operation.

Whenever a permit is issued for crossing the highway, it is

unlawful to move the vehicles along the highway.

(July 11, 1985, P.L.204, No.52, eff. 90 days)

Cross References. Section 4965 is referred to in sections

1302, 1943, 3108, 4904, 4962 of this title.

§ 4966. Permit for movement of quarry equipment.

An annual permit may be issued for the movement of a piece

of quarry equipment or machinery exceeding the maximum size or

weight specified in this chapter across any highway other than

a freeway from one part of a quarry to another, or upon the

highways other than freeways connecting by the most direct route

any quarries or portions of quarries under single ownership or

operation, but no permit shall be issued for the movement of

equipment or machinery for a distance greater than one mile.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

Cross References. Section 4966 is referred to in sections

1302, 1943, 3108 of this title.

§ 4967. Permit for movement of implements of husbandry

(Repealed).

1979 Repeal. Section 4967 was repealed July 20, 1979,

P.L.168, No.55, effective immediately.

§ 4968. Permit for movement during course of manufacture.

(a) Annual permit.--(Deleted by amendment).

(a.1) General rule.--An annual permit may be issued

authorizing movement on specified highways of:

(1) boats, trailers, mobile homes, modular housing units

and undercarriages, helicopters, hot ingots, a hot box, basic

oxygen furnace lances, railway equipment and rails or other

articles, vehicles or combinations which exceed the maximum

height, width or length specified in Subchapter B (relating

to width, height and length) while they are in the course

of manufacture and under contract with or under the direct

control of the manufacturer, provided that they do not exceed

the maximum weight specified in Subchapter C (relating to

maximum weights of vehicles) unless they also qualify under

paragraph (3);

(2) self-propelled cranes while they are in the course

of manufacture and under contract with or under the direct

control of the manufacturer; or

(3) aircraft refueling vehicles or vehicles and

combinations carrying milk, raw coal, flat-rolled steel

coils, steel slabs, hot ingots, a hot box, pulpwood and wood

chips, raw water or cryogenic liquid or sugar which exceed

the maximum weight specified in Subchapter C while they are

in the course of manufacture and under contract with or under

the direct control of the manufacturer, provided that they

do not exceed the maximum height, width or length specified

in Subchapter B unless they also qualify under paragraph

(1), subject to the provisions in subsection (a.2).

(a.2) Specifications.--

(1) Except for articles and vehicles not exceeding 102

inches in width, no permit shall be issued under this section

for movement of articles or vehicles while they are in

transit from the manufacturer to a purchaser or dealer or

for the movement of articles or vehicles upon a freeway.

(2) Overwidth articles and vehicles:

(i) Articles and vehicles not wider than 102 inches

may be moved any distance on a permit.

(ii) Articles and vehicles wider than 102 inches

but not wider than 108 inches may be moved up to seven

miles on a permit 24 hours per day, seven days a week.

(iii) Articles and vehicles wider than 102 inches

but not in excess of 12 feet in width may be moved up

to 50 miles on a permit.

(iv) Wider articles and vehicles may be moved no

farther than ten miles on a permit.

(3) A combination of vehicles which is hauling

flat-rolled steel coils or steel slabs may be permitted by

the department and local authorities to move upon highways

within their respective jurisdictions a distance not

exceeding 50 miles if the gross weight does not exceed

100,000 pounds and the weight of any nonsteering axle does

not exceed 21,000 pounds. No permit may be issued for this

type of movement upon an interstate highway.

(4) A combination of vehicles which is hauling milk to

or from a manufacturer may be permitted by the department

and local authorities to move upon highways within their

respective jurisdictions 24 hours a day, seven days a week,

except during inclement weather as defined in department

regulations, if the gross weight does not exceed 95,000

pounds and the weight of any nonsteering axle does not exceed

21,000 pounds. A permit may be issued for this type of

movement upon an interstate highway. An application to the

department for the movement of milk, except for raw milk,

shall designate the route the applicant requests to use.

(5) A combination of vehicles which is hauling a hot

ingot or a hot box may be permitted by the department and

local authorities to move upon highways within their

respective jurisdictions a distance not exceeding 25 miles

if the gross weight does not exceed 150,000 pounds and the

weight of any nonsteering axle does not exceed 21,000 pounds.

No permit may be issued for this type of movement upon an

interstate highway.

(6) A combination of vehicles which is hauling basic

oxygen furnace lances may be permitted by the department and

local authorities to move upon highways within their

respective jurisdictions if the overall length does not

exceed 90 feet. A vehicle operating under a permit authorized

under this section may be driven 24 hours a day, seven days

a week, if the vehicle or combination is operated at

prevailing speeds. Movement under this paragraph is not

authorized during any of the following:

(i) A holiday period specified in department

regulations or in the permit.

(ii) Inclement weather, as defined in department

regulations.

(7) A self-propelled crane which is being road tested

may be permitted by the department and local authorities to

move upon highways within their respective jurisdictions a

distance not exceeding 15 miles if the gross weight does not

exceed 150,000 pounds and the weight on any axle does not

exceed 27,000 pounds.

(8) A combination of vehicles which is hauling raw coal

from a mine to a processing or preparation facility may be

permitted by the department and local authorities to move

upon highways within their respective jurisdictions a

distance not exceeding 30 miles if the gross weight does not

exceed 95,000 pounds and the weight of any nonsteering axle

does not exceed 21,000 pounds. No permit may be issued for

this type of movement upon an interstate highway.

(9) A combination of vehicles which is hauling raw water

from a spring to a bottling facility may be permitted by the

department and local authorities to move upon specified

highways within their respective jurisdictions subject to

the following conditions:

(i) The vehicle must be a six-axle combination -

three-axle truck tractor.

(ii) Gross vehicular weight must not exceed 96,900

pounds.

(iii) Maximum weight on steering axles shall be

11,000 pounds.

(iv) Maximum weight on the truck-tractor tandem

(axles two and three) shall be 38,000 pounds, with a

maximum of 19,500 pounds on either axle in the group.

(v) Maximum weight on the semitrailer tridem (axles

four, five and six) shall be 47,700 pounds, with a

maximum of 16,400 pounds on any axle in the group.

(vi) Minimum spacing between axle one and axle two

shall be 12 feet 11 inches.

(vii) The center-to-center distance between the

last drive axle of the truck tractor (axle three) and

the first axle of semitrailer (axle four) must be a

minimum of 26 feet 7 inches.

(viii) Minimum spacing between tandem and tridem

axles shall be 4 feet 1 inch.

No permit may be issued for this type of movement upon an

interstate highway.

(10) A combination of vehicles which is hauling pulpwood

or wood chips from a specified source to a pulp mill may be

permitted by the department and local authorities to move

upon specified highways within their respective jurisdictions

subject to the following conditions:

(i) The vehicle must be a minimum five-axle

combination - three-axle truck tractor meeting the

following characteristics:

(A) Gross vehicular weight must not exceed

95,000 pounds.

(B) Maximum weight on steering axles shall be

11,000 pounds.

(axles two and three) shall be 42,000 pounds, with

a maximum of 21,000 pounds on either axle in the

group.

(D) Maximum weight on the semitrailer tridem

(axles four and five) shall be 42,000 pounds, with

a maximum of 21,000 pounds on any axle in the group.

(E) Minimum spacing between axle one and axle

two shall be 12 feet 6 inches.

(F) The center-to-center distance between the

last drive axle of the truck tractor (axle three)

and the first axle of the semitrailer (axle four)

must be a minimum of 28 feet 0 inch.

(G) Minimum spacing between tandem and tridem

axles shall be 4 feet 0 inch.

(ii) The vehicle must be a minimum six-axle

combination - three-axle truck tractor meeting the

following characteristics:

(A) Gross vehicular weight must not exceed

107,000 pounds.

(B) Maximum weight on steering axles shall be

12,000 pounds.

(axles two and three) shall be 42,000 pounds, with

a maximum of 21,000 pounds on either axle in the

group.

(D) Maximum weight on the semitrailer tridem

(axles four, five and six) shall be 53,000 pounds,

with a maximum of 17,670 pounds on any axle in the

group.

(E) Minimum spacing between axle one and axle

two shall be 12 feet 6 inches.

(F) The center-to-center distance between the

last drive axle of the truck tractor (axle three)

and the first axle of the semitrailer (axle four)

must be a minimum of 45 feet 0 inch.

(G) Minimum spacing between tandem and tridem

axles shall be 4 feet 0 inch.

No permit may be issued for this type of movement upon an

interstate highway.

(11) An aircraft refueling vehicle manufactured for the

United States Department of Defense which is being road

tested and carrying a load required under contract with the

Department of Defense as part of the road test procedure may

be permitted by the department and local authorities to move

upon highways within their respective jurisdictions a

distance not exceeding 35 miles if, for a three-axle vehicle,

the gross weight does not exceed 70,000 pounds and the weight

on any axle does not exceed 26,000 pounds. No permit may be

issued for this type of movement upon an interstate highway.

(12) A permit may be denied or revoked in order to

preserve the safety of highway users or to protect the

structural integrity of highways or bridges or as otherwise

authorized by department regulations.

(13) A combination of vehicles that hauls cryogenic

liquid from a manufacturing or processing facility to another

manufacturing or processing facility may be permitted by the

department and local authorities to move upon highways within

their respective jurisdiction if the gross weight does not

exceed 102,000 pounds. No permit may be issued for this type

of movement upon an interstate highway.

(14) A combination vehicle hauling sugar may be

permitted by the department and local authorities to move

upon specified highways within their respective jurisdictions

a distance not exceeding five miles if the gross weight does

not exceed 95,000 pounds and the weight of any nonsteering

axle does not exceed 21,000 pounds. No permit may be issued

for this type of movement upon an interstate highway.

(b) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Bulk milk." The term shall mean milk, as defined in section

1 of the act of July 2, 1935 (P.L.589, No.210), referred to as

the Milk Sanitation Law, which is not transported in packages.

"Condensed milk" and "evaporated milk." The term shall mean

manufactured dairy products as defined in section 1 of the act

of July 2, 1935 (P.L.589, No.210), referred to as the Milk

Sanitation Law, which is not transported in packages.

"Hot box." Consists of an enclosure consisting of welded

steel plate chained to a semitrailer with a removable lid lined

with refraction for purposes of insulation and retention of

heat.

"Milk." The term shall mean any of the following:

(1) Bulk milk.

(2) Evaporated milk.

(3) Raw milk.

(4) Condensed milk.

"Raw milk." Has the meaning given to it in the act of July

2, 1935 (P.L.589, No.210), referred to as the Milk Sanitation

Law.

"Sugar." The term shall refer to granulated raw,

semi-refined or refined sugar derived from the processing of

sugar cane or sugar beets, requiring further processing and not

intended for direct consumption or retail sale.

(Mar. 7, 1982, P.L.152, No.49, eff. imd.; Nov. 29, 1985,

P.L.316, No.81, eff. 60 days; Dec. 28, 1994, P.L.1450, No.172,

eff. 60 days; July 6, 1995, P.L.315, No.48, eff. 60 days; Feb.

23, 1996, P.L.21, No.8, eff. 60 days; Dec. 21, 1998, P.L.1126,

No.151, eff. 60 days; June 25, 1999, P.L.164, No.23, eff. 60

days; June 22, 2001, P.L.559, No.37, eff. 60 days; Nov. 29,

2006, P.L.1449, No.159, eff. 60 days; Nov. 26, 2008, P.L.1658,

No.133, eff. 60 days; Oct. 19, 2010, P.L.557, No.81, eff. 60

days; Oct. 24, 2012, P.L.1473, No.187, eff. 60 days; Nov. 25,

2013, P.L.974, No.89, eff. imd.; May 25, 2016, P.L.248, No.34,

eff. 60 days; Nov. 4, 2016, P.L.1277, No.165, eff. 60 days;

July 11, 2022, P.L.1591, No.91, eff. 60 days)

2022 Amendment. Act 91 amended subsec. (a.2)(10)(i) intro.

par. and (ii) intro par.

2016 Amendments. Act 34 amended subsec. (a.2)(4) and Act

165 amended subsec. (a.1)(3), added subsec. (a.2)(14) and the

def. of "sugar" in subsec. (b).

2013 Amendment. Act 89 amended subsecs. (a.1)(3), (a.2)(4)

and (b). See the preamble and section 44 of Act 89 in the

appendix to this title for special provisions relating to

legislative findings and declarations and movement of raw milk.

2012 Amendment . Act 187 amended subsec. (a.1)(3) and added

subsec. (a.2)(13).

2010 Amendment. Act 81 deleted subsec. (a) and added

subsecs. (a.1) and (a.2). The preamble of Act 81 provided that

Act 81 may be referred to as the Sgt. Michael C. Weigand Law.

Cross References. Section 4968 is referred to in sections

1943, 4904, 4962 of this title.

§ 4969. Permit for movement of vehicles with oversize wheels

and tires (Repealed).

1993 Repeal. Section 4969 was repealed May 20, 1993, P.L.30,

No.10, effective in 60 days.

§ 4970. Permit for movement of construction equipment.

(a) Utility construction equipment.--A permit may be issued

for the duration of a single construction project, but not

exceeding one year, authorizing a public utility or its

contractors or subcontractors to move oversized or overweight

construction equipment across or upon highways immediately

adjacent to the construction site and between the construction

site and the base of operations of the utility company,

contractor or subcontractor.

(b) Construction trucks.--(Deleted by amendment).

(b.1) Construction trucks.--(Deleted by amendment).

equipment under a single trip permit may be driven 24 hours per

day, seven days a week outside of the designated urbanized

areas, subject to the following conditions:

(1) The equipment being transported is used exclusively

for highway construction.

(2) The maximum width of the load and vehicle does not

exceed ten feet.

(3) The maximum gross weight of the vehicle and load

does not exceed 135,000 pounds.

(4) The vehicle with load must be capable of operating

at prevailing speeds.

(5) The outermost limits of the load must be marked

with lights as specified by the department.

(6) The permitted vehicle must be followed by a pilot

car in accordance with department regulations.

(7) Movement under this subsection is not authorized

during inclement weather as defined in department

regulations.

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(d) Construction equipment.--An annual permit may be issued

for the movement of certain types of construction equipment

which exceed the maximum width specified in Subchapter B

(relating to width, height and length), subject to the following

conditions:

(1) The equipment being transported is used for

excavating, land clearing, paving or roadbuilding activities.

(2) The maximum width of the load and the vehicle does

not exceed 11 feet.

(3) The maximum travel distance does not exceed 125

miles from the place of origin as shown on the permit.

(Oct. 10, 1980, P.L.791, No.147, eff. imd.; May 9, 1986,

P.L.163, No.52, eff. imd.; June 11, 1992, P.L.266, No.47, eff.

imd.; Dec. 14, 1992, P.L.870, No.139, eff. imd.; Dec. 21, 1998,

P.L.1126, No.151, eff. imd.; June 22, 2001, P.L.559, No.37,

eff. 60 days; July 20, 2017, P.L.318, No.24, eff. 60 days)

2017 Amendment. Act 24 amended subsec. (c)(7).

2001 Amendment. Act 37 added subsecs. (c) and (d).

1998 Amendment. Act 151 deleted subsecs. (b) and (b.1).

Cross References. Section 4970 is referred to in sections

1302, 1943 of this title.

§ 4971. Permit for operation of chemical and fertilizer

vehicles (Deleted by amendment).

1992 Amendment. Section 4971 was deleted by amendment

December 18, 1992, P.L.1411, No.174, effective in 60 days.

§ 4972. Permits for migrant farm vehicles (Repealed).

1993 Repeal. Section 4972 was repealed May 20, 1993, P.L.30,

No.10, effective in 60 days.

§ 4973. Permits for movement of a mobile home, a manufactured

home or a modular housing unit and modular housing

undercarriage.

(a) General rule.--A permit may be issued under this section

for movement of a mobile home or a modular housing unit that

exceeds 14 feet in body width but which does not exceed 16 feet

in width.

(b) Conditions.--A vehicle, combination or load permitted

under this section shall be operated under such conditions as

specified by the department pursuant to section 4962 (relating

to conditions of permits and security for damages). A mobile

home or modular housing unit which exceeds 14 feet in body width

may not exceed 80 feet, including hitch, in home unit length

or 14 feet 6 inches in height.

title and departmental regulations, a mobile home that is wider

than 14 feet in body width or a modular housing undercarriage

which is carrying a modular housing unit that is wider than 14

feet in body width shall be equipped as follows:

(1) the mobile home or modular housing undercarriage

shall have at least four axles;

(2) each wheel on a mobile home or modular housing

undercarriage shall be equipped with operable brakes; and

(3) the tires on a mobile home or modular housing

undercarriage may not carry a weight in excess of the tire

manufacturer's rating as marked on the sidewall of the tire.

(d) Pilot cars.--In addition to the conditions of this title

and departmental regulations, a vehicle, combination or load

permitted under this section that is wider than 14 feet in body

width shall be accompanied by two pilot cars on all highways,

with one pilot car leading the permitted motor vehicle and one

pilot car following the permitted vehicle or combination.

(e) Restricted travel periods.--(Deleted by amendment).

(Dec. 7, 1994, P.L.820, No.115, eff. imd.; Dec. 28, 1994,

P.L.1450, No.172, eff. 60 days; June 30, 2014, P.L.814, No.85,

eff. 60 days)

2014 Amendment. Act 85 amended the section heading and

deleted subsec. (e).

1994 Amendments. Acts 115 and 172 added section 4973. The

amendments by Acts 115 and 172 are identical and therefore have

been merged.

Cross References. Section 4973 is referred to in sections

1944, 4962 of this title.

§ 4974. Permit for movement of containerized cargo.

(a) General rule.--An annual permit may be issued

authorizing the movement on highways of containerized cargo

which exceeds the maximum vehicle gross or maximum axle weights

specified in Subchapter C (relating to maximum weights of

vehicles). Except as set forth in subsection (b), the weight

of any combination permitted under this section shall not exceed

90,000 pounds overall gross weight and 21,000 pounds on any

axle. A brake retarder is not required on a combination

permitted under this section while the combination is operated

within the counties of Bucks, Chester, Delaware, Montgomery and

Philadelphia. A vehicle operating under a permit authorized

under this section may be driven 24 hours a day, seven days a

week, except on holidays and in inclement weather.

(b) Refrigerated meat products.--An annual permit may be

issued authorizing the movement on specified highways of

containerized cargo consisting of refrigerated meat products

which exceeds the maximum vehicle gross weight or maximum axle

weights specified in Subchapter C, subject to the following

conditions:

(1) The vehicle must be a six-axle combination -

three-axle truck tractor.

(2) Gross vehicular weight must not exceed 107,500

pounds.

(3) Maximum weight on any axle must not exceed 21,000

pounds.

(4) Specified highways and routes may only be permitted

in the counties of Bucks, Chester, Delaware, Montgomery and

Philadelphia.

(5) Travel is authorized 24 hours a day, seven days a

week, except in inclement weather.

(Dec. 28, 1994, P.L.1450, No.172, eff. 60 days; Feb. 23, 1996,

P.L.21, No.8, eff. 60 days; July 11, 1996, P.L.660, No.115,

eff. 60 days; July 14, 2005, P.L.285, No.50, eff. 60 days; July

20, 2017, P.L.318, No.24, eff. 60 days)

2017 Amendment. Act 24 amended subsec. (b)(5).

Cross References. Section 4974 is referred to in sections

1943, 4962 of this title.

§ 4975. Permit for movement of special mobile equipment.

An annual permit may be issued authorizing the hauling or

towing of a piece of special mobile equipment which does not

exceed nine feet two inches in width on freeways, provided the

permitted vehicle or combination maintains a minimum speed of

40 miles per hour.

(Dec. 20, 1995, P.L.669, No.75, eff. 60 days; Feb. 23, 1996,

P.L.21, No.8, eff. 60 days)

Cross References. Section 4975 is referred to in sections

1943, 4962 of this title.

§ 4976. Permit for movement of domestic animal feed and whole

or unprocessed grain.

An annual permit may be issued authorizing the movement on

highways of domestic animal feed and whole or unprocessed grain,

in bulk, which exceeds the maximum vehicle gross weight

specified in Subchapter C (relating to maximum weights of

vehicles). The weight of any vehicle permitted under this

section may not exceed 95,000 pounds overall gross weight and

the weight on any nonsteering axle does not exceed 21,000

pounds. No permit may be issued for this type of movement upon

an interstate highway.

(Feb. 23, 1996, P.L.21, No.8, eff. 60 days; Nov. 29, 2006,

P.L.1449, No.159, eff. 60 days)

Cross References. Section 4976 is referred to in sections

1943, 4962 of this title.

§ 4976.1. Permit for movement of live domestic animals.

(a) Authorization.--An annual permit may be issued

authorizing the movement on highways of live domestic animals

which exceeds the maximum gross weight specified in Subchapter

C (relating to maximum weights of vehicles). The weight of any

combination permitted under this section shall not exceed 95,000

pounds gross weight, and the weight on any nonsteering axle

shall not exceed 21,000 pounds. No permit may be issued for

this type of movement upon an interstate highway.

(b) Definition.--As used in this section, the term "domestic

animal" shall have the meaning given to it in 3 Pa.C.S. Ch. 23

(relating to domestic animals).

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 added section 4976.1.

Cross References. Section 4976.1 is referred to in sections

1943, 4962 of this title.

§ 4976.2. Permit for movement of eggs.

(a) Authorization.--Except as set forth in subsection (b),

all of the following apply:

(1) An annual permit may be issued authorizing the

movement on highways to haul eggs to or from a processor by

a combination of vehicles which exceeds the maximum vehicle

gross weight specified in Subchapter C (relating to maximum

weights of vehicles).

(2) On a vehicle permitted under this section:

(i) overall gross weight may not exceed 95,000

pounds; and

(ii) weight on a nonsteering axle may not exceed

21,000 pounds.

(b) Exception.--No permit may be issued for this type of

movement upon an interstate highway.

(Oct. 24, 2012, P.L.1473, No.187, eff. 60 days)

2012 Amendment . Act 187 added section 4976.2.

Cross References. Section 4976.2 is referred to in sections

1943, 4962 of this title.

§ 4977. Permit for movement of wooden structures.

An annual permit may be issued for the movement on highways

of certain wooden structures which exceed the maximum length,

width and height specified in Subchapter B (relating to width,

height and length), subject to the following conditions:

(1) The overall width, including all appurtenances and

overhangs, may not exceed 13 feet.

(2) The overall length may not exceed 90 feet.

(2.1) The overall height may not exceed 13 feet 10

inches.

(3) The wooden structure or structures must be

transported on a trailer of a type approved by the department

to accommodate the transportation of structures which do not

exceed the width, length or height specified in this section.

(4) Movement under this section is limited to roof

trusses, wooden utility sheds, gazebos, garages and play

equipment. Other components that do not exceed width, length

or height specified in this section may be carried in

conjunction with movements under this permit.

(July 11, 1996, P.L.660, No.115, eff. 60 days; Dec. 10, 1996,

P.L.925, No.149, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151,

eff. 60 days; June 25, 1999, P.L.164, No.23, eff. 60 days; Oct.

4, 2002, P.L.845, No.123, eff. 60 days)

2002 Amendment. Act 123 amended pars. (3) and (4).

Cross References. Section 4977 is referred to in sections

1943, 4962 of this title.

§ 4978. Permit for movement of building structural components.

A permit may be issued for the duration of a single building

construction project, but not exceeding one year, authorizing

the movement upon specified highways of nondivisible building

structural components, such as precast concrete, roof trusses

or wall panels, which exceed the maximum width, height or length

specified in Subchapter B (relating to width, height and length)

or the maximum gross weight specified in Subchapter C (relating

to maximum weights of vehicles). Combinations permitted under

this section may not exceed 90 feet in length, 13 feet in width,

14 feet 6 inches in height or 116,000 pounds gross vehicle

weight.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; June 22, 2001,

P.L.559, No.37, eff. 60 days)

Cross References. Section 4978 is referred to in sections

1943, 4962 of this title.

§ 4979. Permit for movement of particleboard or fiberboard

used in the manufacture of ready-to-assemble

furniture.

An annual permit may be issued authorizing the movement on

specified highways of particleboard or fiberboard for use in

the manufacture of ready-to-assemble household or office

furniture which exceeds the maximum vehicle gross weight

specified in Subchapter C (relating to maximum weights of

vehicles). Permits issued under this section shall not exceed

a distance of 70 miles. The weight of any vehicle permitted

under this section may not exceed 107,000 pounds overall gross

weight and shall have the following maximum axle weight limits

for all nonsteering axles:

21,000 poundsSingle axle

42,000 poundsTandem axles

53,000 poundsTridem axles

63,000 poundsQuad axles

No permit may be issued for this type of movement upon an

interstate highway.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; June 22, 2001,

P.L.559, No.37, eff. imd.)

Cross References. Section 4979 is referred to in sections

1943, 4962 of this title.

§ 4979.1. Permit for movement of bulk refined oil.

An annual permit may be issued authorizing the movement on

specified highways of refined oil in bulk between a refinery

and a distribution facility which exceeds the maximum vehicle

gross weight specified in Subchapter C (relating to maximum

weights of vehicles). Permits issued under this section shall

not exceed a distance of 125 miles. The weight of any vehicle

permitted under this section may not exceed 107,000 pounds

overall gross weight and shall have the following maximum axle

weight limits for all nonsteering axles:

21,000 poundsSingle axle

42,000 poundsTandem axles

53,000 poundsTridem axles

63,000 poundsQuad axles

No permit may be issued for this type of movement upon an

interstate highway.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Oct. 19, 2010,

P.L.557, No.81, eff. 60 days)

2010 Amendment. The preamble of Act 81 provided that Act

81 may be referred to as the Sgt. Michael C. Weigand Law.

Cross References. Section 4979.1 is referred to in sections

1943, 4962 of this title.

§ 4979.2. Permit for movement of waste coal, beneficial

combustion ash or limestone.

(a) Waste coal and beneficial combustion ash.--An annual

permit may be issued for the movement on specified highways of

waste coal from a refuse pile to a preparation or power

production facility or beneficial combustion ash from a power

production facility to a reclamation area which exceeds the

maximum vehicle gross weight specified in Subchapter C (relating

to maximum weights of vehicles). The weight of any vehicle

permitted under this section may not exceed 95,000 pounds

overall gross weight, and the weight on any nonsteering axle

may not exceed 21,000 pounds. No permit may be issued for this

type of movement upon an interstate highway.

(b) Limestone.--An annual permit may be issued for the

movement on specified highways of limestone from a quarry to a

power production facility which exceeds the maximum vehicle

gross weight specified in Subchapter C, subject to the following

conditions:

(1) The combination must have a minimum of six axles.

(2) The maximum overall gross weight may not exceed

95,000 pounds.

(3) The weight on any nonsteering axle may not exceed

21,000 pounds.

(4) The maximum travel distance may not exceed 100

miles.

(5) No permit may be issued for this type of movement

on an interstate highway.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Dec. 9, 2002,

P.L.1278, No.152, eff. 60 days)

Cross References. Section 4979.2 is referred to in sections

1943, 4962 of this title.

§ 4979.3. Permit for movement of float glass or flat glass for

use in construction and other end uses.

(a) General rule.--An annual permit may be issued

authorizing the movement on specified highways of float glass

or flat glass for use in construction and other end uses which

exceeds the maximum vehicle gross weight specified in Subchapter

C (relating to maximum weights of vehicles).

(b) Specifications.--

(1) The weight of any vehicle permitted under this

section may not exceed 100,000 pounds overall gross weight,

shall be a five axle combination - three axle truck tractor

and shall have the following maximum axle weight limits for

all axles:

12,000 poundsSteering axles

44,000 poundsTruck tractor tandem axles

with a maximum of

22,500 pounds on

either axle in the

group

44,000 poundsSemitrailer tandem axles

with a maximum of

22,500 pounds on

either axle in the

group

(2) The spacing between axle 1 and axle 2 must be a

minimum of 15 feet.

(3) The center-to-center distance between the last drive

axle of the truck tractor and the first axle of the

semitrailer must be a minimum of 31 feet 6 inches.

(4) The spacing between tandem axles must be a minimum

of 4 feet 4 inches for the truck tractor and 5 feet 2 inches

for the semitrailer.

(1) Except as provided in paragraph (2), a vehicle

operating under a permit authorized under this section may

be driven 24 hours a day, seven days a week.

(2) Movement under this paragraph is not authorized

during any of the following:

(i) A holiday period specified in department

regulations or in the permit.

(ii) Inclement weather, as defined in department

regulations.

(d) Interstate highways.--No permit may be issued for this

type of movement upon an interstate highway.

(June 25, 1999, P.L.164, No.23, eff. 60 days; June 22, 2001,

P.L.559, No.37, eff. 60 days)

2001 Amendment. Act 37 amended subsec. (b).

1999 Amendment. Act 23 added section 4979.3.

Cross References. Section 4979.3 is referred to in sections

1943, 4962 of this title.

§ 4979.4. Permit for movement of self-propelled cranes.

An annual permit may be issued authorizing the movement on

specified highways of self-propelled cranes which exceed the

maximum width, height or length specified in Subchapter B

(relating to width, height and length) or the maximum vehicle

gross or maximum axle weights specified in Subchapter C

(relating to maximum weights of vehicles).

(June 25, 1999, P.L.164, No.23, eff. 60 days; June 22, 2001,

P.L.559, No.37, eff. 60 days)

Cross References. Section 4979.4 is referred to in sections

1943, 4962 of this title.

§ 4979.5. Permit for movement of nonhazardous liquid glue.

An annual permit may be issued authorizing the movement on

specified highways of nonhazardous liquid glue in bulk between

a chemical plant and a particleboard or fiberboard manufacturing

facility which exceeds the maximum vehicle gross weight

specified in Subchapter C (relating to maximum weights of

vehicles). Permits issued under this section shall not exceed

a distance of 75 miles. The weight of any vehicle permitted

under this section may not exceed 105,000 pounds overall gross

weight and shall have the following maximum axle weight limits

for all nonsteering axles:

21,000 poundsSingle axle

42,000 poundsTandem axles

53,000 poundsTridem axles

63,000 poundsQuad axles

No permit may be issued for this type of movement upon an

interstate highway.

(Oct. 19, 2010, P.L.557, No.81, eff. 60 days)

2010 Amendment. Act 81 added section 4979.5. The preamble

of Act 81 provided that Act 81 may be referred to as the Sgt.

Michael C. Weigand Law.

Cross References. Section 4979.5 is referred to in sections

1943, 4962 of this title.

§ 4979.6. Permit for movement of waste tires.

An annual permit may be issued for the movement on specified

highways of waste tires and tire derived-fuel, chipped tires,

from a refuse pile to a preparation or power production facility

which exceeds the maximum vehicle gross weight specified in

Subchapter C (relating to maximum weights of vehicles). The

weight of any vehicle permitted under this section may not

exceed 95,000 pounds overall gross weight, and the weight on

any nonsteering axle may not exceed 21,000 pounds. No permit

may be issued for this type of movement upon an interstate

highway.

(Oct. 19, 2010, P.L.557, No.81, eff. 60 days)

2010 Amendment. Act 81 added section 4979.6. The preamble

of Act 81 provided that Act 81 may be referred to as the Sgt.

Michael C. Weigand Law.

Cross References. Section 4979.6 is referred to in sections

1943, 4962 of this title.

SUBCHAPTER E

MEASURING AND ADJUSTING VEHICLE

SIZE AND WEIGHT

Sec.

4981. Weighing and measurement of vehicles.

4982. Reducing or readjusting loads of vehicles.

4983. Penalty for failure to obey police officer (Repealed).

Cross References. Subchapter E is referred to in sections

4704, 6506 of this title.

§ 4981. Weighing and measurement of vehicles.

(a) Authority of police officers and qualified department

employees.--A police officer or qualified department employee

is authorized to require the driver of a vehicle or combination

to stop and submit the vehicle or combination to be measured

and weighed. Weighing may be done by using either portable or

stationary scales, provided that when portable scales more than

one inch in height are used, sufficient ramp blocks shall be

made available to allow the vehicle or combination to mount the

scales safely. The weighing shall be conducted by qualified

personnel who have been trained in the use of weighing equipment

in a training program approved by an agency of the Commonwealth.

The personnel performing the weighing on all highways and

interstates in this Commonwealth shall inform the drivers of

the vehicle of the right to readjust or rearrange the load under

section 4982(c) (relating to reducing or readjusting loads of

vehicles). The driver or owner, if present, of a vehicle or

combination may, at the time of weighing, witness in an orderly

fashion the weighing procedure. If the driver wishes to witness

the procedure from outside the cab of the vehicle, he shall be

required to turn off the engine, put the transmission in gear

and set the emergency brake before leaving the cab. A police

officer or qualified department employee may require that a

vehicle or combination be driven to the nearest stationary

scales if the scales are within two miles.

(b) Scales on freeways.--The Department of Transportation,

in cooperation with the Pennsylvania State Police, shall operate

on freeways at points which it deems necessary scales and other

equipment for detecting violations of the size and weight

limitations prescribed by this chapter. The department may also

contract with persons or local authorities to use their scales.

shall be permitted when a vehicle is weighed on stationary or

portable scales. This tolerance shall not apply on any

interstate highway to vehicles weighed on stationary scales.

(d) Reweighing at request of driver or owner.--Whenever

scales operated by other than the department indicate that a

vehicle, wheel, axle or pair of axles is overweight, the driver

or owner may elect to have the vehicle reweighed on the nearest

available scales which have been certified by the Department

of Agriculture. The lower reading of the two scales shall

determine whether charges shall be filed under this section.

(e) Certification of accuracy of portable scales.--

(1) Portable scales shall be calibrated for the purpose

of certification of accuracy by the Department of General

Services. A certificate from the Department of General

Services showing that portable scales were calibrated and

found to be accurate shall be competent and prima facie

evidence of those facts in every proceeding in which a

violation of this chapter is charged.

(2) Portable scales shall be calibrated as follows:

(i) Annually.

(ii) Following any event that could affect the

accuracy of the portable scale or following repairs or

failures. If a portable scale is calibrated under this

subparagraph, the portable scale shall not need to be

calibrated for a period of one year.

(f) Certification of qualified personnel.--The competency

of a witness to testify concerning the weighing of a vehicle

may be established by a certificate from an agency of the

Commonwealth showing that the person was trained in the use of

weighing equipment in a training program approved by a

Commonwealth agency. This certification shall be admissible as

competent and prima facie evidence that the person is qualified

and trained in the use of weighing equipment in such a training

program.

(June 18, 1980, P.L.229, No.68, eff. 60 days; Oct. 10, 1980,

P.L.791, No.147, eff. imd.; June 23, 1982, P.L.605, No.171,

eff. imd.; June 19, 1985, P.L.49, No.20, eff. 60 days; July 8,

1986, P.L.432, No.90, eff. 60 days; Dec. 11, 1986, P.L.1530,

No.166, eff. 60 days; Feb. 10, 1994, P.L.10, No.2, eff. imd.;

June 22, 2001, P.L.559, No.37, eff. 60 days; Oct. 19, 2010,

P.L.557, No.81, eff. 90 days)

2010 Amendment. Act 81 amended subsec. (e). The preamble

of Act 81 provided that Act 81 may be referred to as the Sgt.

Michael C. Weigand Law.

2001 Amendment. Act 37 amended subsecs. (a) and (e).

1994 Amendment. Act 2 amended subsecs. (a) and (e) and added

subsec. (f).

1986 Amendment. Act 166 amended subsec. (c).

Cross References. Section 4981 is referred to in sections

4102, 4982 of this title; section 4150 of Title 3 (Agriculture).

§ 4982. Reducing or readjusting loads of vehicles.

(a) Violation of weight limitations.--If the gross weight

or the weight upon any wheel, tire, axle or group of axles of

a vehicle or combination exceeds the maximum allowed, the driver

shall reduce or readjust the load so that the gross weight and

the weight upon each wheel, tire, axle or group of axles will

not exceed the maximum weights permitted under this chapter.

(b) Violation of size limitations.--If the load upon any

vehicle or combination is such that the size limitations of

this chapter are exceeded, the driver shall reduce or reposition

the load so that it does not exceed the size limitations.

weight of the vehicle or combination does not exceed the maximum

allowable gross weight plus 3% tolerance for scale error and

the weight upon any axle or group of axles is in excess of the

maximum allowable axle weight, the operator shall be allowed

four hours to adjust the position of the load so that the weight

upon all wheels, tires, axles and groups of axles does not

exceed the maximum allowable weights plus 3% tolerance for scale

error as authorized in section 4981(c) (relating to weighing

and measurement of vehicles). If the load is so rearranged no

arrest shall be made or prosecution brought for violation of

Subchapter C (relating to maximum weights of vehicles). The

provisions of this subsection shall not apply to any loads which

exceed the amount of weight for which a permit was issued.

(d) Load incapable of reduction.--If the load on any vehicle

or combination is such that it is incapable of reduction or

dismemberment and is otherwise eligible to move under permit

as provided in Subchapter D (relating to special permits for

excessive size and weight), a valid permit shall be obtained

before any further movement of a vehicle or combination in

violation of the limitations of this chapter.

(e) Responsibility of owner or driver.--All material

unloaded and any vehicle or combination parked awaiting a permit

shall be cared for by the owner or driver at the risk of the

owner or driver.

(July 8, 1986, P.L.432, No.90, eff. imd.)

1986 Amendment. Act 90 amended subsec. (c).

Cross References. Section 4982 is referred to in sections

4945, 4981 of this title.

§ 4983. Penalty for failure to obey police officer (Repealed).

1985 Repeal. Section 4983 was repealed June 19, 1985,

P.L.49, No.20, effective in 60 days.

PART V

ADMINISTRATION AND ENFORCEMENT

Chapter

61. Powers of Department and Local Authorities

63. Enforcement

65. Penalties and Disposition of Fines

67. Service of Process on Nonresidents (Repealed)

Enactment. Part V was added June 17, 1976, P.L.162, No.81,

effective July 1, 1977, unless otherwise noted.

CHAPTER 61

POWERS OF DEPARTMENT AND

LOCAL AUTHORITIES

Subchapter

A. General Provisions

B. Traffic-control Devices

C. Reciprocity

Enactment. Chapter 61 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977, unless otherwise noted.

Cross References. Chapter 61 is referred to in section

6309.2 of this title.

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

6101. Applicability and uniformity of title.

6102. Powers and duties of department and local authorities.

6103. Promulgation of rules and regulations by department.

6103.1. Exemption from additional requirements for highway

occupancy permits for agricultural purposes.

6104. Administrative duties of department.

6105. Department to prescribe traffic and engineering

investigations.

6105.1. Designation of highway safety corridors.

6105.2. Designation of litter enforcement corridors.

6106. Designation of emergency vehicles by Pennsylvania State

Police.

6107. Designation of authorized vehicles by department.

6108. Power of Governor during emergency.

6109. Specific powers of department and local authorities.

6110. Regulation of traffic on Pennsylvania Turnpike.

6110.1. Fare evasion.

6111. Regulation of traffic on bridges under authority of

interstate commissions.

6112. Removal of traffic hazards by property owner.

6113. Control of public travel on private property by owner.

6114. Limitation on sale, publication and disclosure of

records.

6115. Emergency telephones along Pennsylvania Turnpike.

6116. Payment by credit or debit card.

6117. Authority of qualified employees of department and

Department of Revenue.

6118. Municipal police officer education and training.

6119. Removal of dead deer.

§ 6101. Applicability and uniformity of title.

(a) Requirement.--The provisions of this title shall be

applicable and uniform throughout this Commonwealth and in all

political subdivisions in this Commonwealth, and no local

authority shall enact or enforce any ordinance on a matter

covered by the provisions of this title unless expressly

authorized.

(b) Sanctions.--When a court of competent jurisdiction

determines and notifies the department that an ordinance adopted

by a local authority is in violation of subsection (a),

commencing 40 days following entry of a final order, unless an

appeal has been timely filed with a court of record, the

following sanctions apply until the local authority repeals or

substantially amends the ordinance to remove the language that

was found to be in violation of subsection (a):

(1) Suspension of unobligated capital expenditures for

bridges and highways.

(2) Suspension of allocation under the act of June 1,

1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels

Tax Municipal Allocation Law.

(3) Suspension of allocation and apportionment under

section 9010(c.1) (relating to disposition and use of tax).

(4) Suspension of expenditures from the special fund

into which allocations under the Liquid Fuels Tax Municipal

Allocation Law are deposited, unless a contract for the work

that is the subject of the expenditure has been fully

executed or the moneys have been otherwise obligated.

authority has repealed or substantially amended the ordinance

to remove the language that was found to be in violation of

subsection (a), the department shall immediately end all

sanctions against the local authority and return all suspended

funds to the local authority.

(Oct. 24, 2012, P.L.1473, No.187, eff. 60 days)

Cross References. Section 6101 is referred to in sections

3316, 3316.1, 9010 of this title.

§ 6102. Powers and duties of department and local authorities.

(a) Department.--The department is charged with the duty

of administering the provisions of this title and of all laws

the administration of which is now or hereafter vested in the

department.

(b) Local authorities.--Local authorities may exercise the

powers granted in this chapter only by duly enacted ordinances

of their governing bodies.

§ 6103. Promulgation of rules and regulations by department.

(a) General rule.--In addition to the specific powers

granted to the department by this title to promulgate rules and

regulations, the department shall have the power in accordance

with the provisions of the act of July 31, 1968 (P.L.769,

No.240), referred to as the Commonwealth Documents Law, to

promulgate, consistent with and in furtherance of this title,

rules and regulations in accordance with which the department

shall carry out its responsibilities and duties under this

title.

(b) Legislative approval of mass transit inspection

regulations.--(Repealed).

criteria.--The department shall be authorized to adopt by

reference any Federal statute, regulation, standard or criteria

or provision thereof relating to vehicles or drivers, including,

but not limited to, minimum driver qualifications, maximum hours

of service, loading, unloading, hazardous materials, operation,

equipment, records and inspection.

(1) The department shall be authorized to extend the

coverage of any Federal statute, regulation, standard or

criteria adopted under this subsection to vehicles and

drivers operating only in intrastate commerce, except as

follows:

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(iii) No Federal statute, regulation, standard or

criteria shall be extended to cover farm tractors or

drivers of farm tractors, regardless of whether the farm

tractor is operated as a combination.

(iv) No Federal statute, regulation, standard or

criteria shall be extended to cover implements of

husbandry other than farm tractors, farm vehicles or

drivers of these vehicles, regardless of whether the

vehicle is operated as a combination, provided that:

(A) the vehicle's or combination's gross weight,

gross vehicle weight rating or gross combination

weight rating does not equal or exceed 26,001 pounds;

(B) the vehicle or combination is not carrying

hazardous materials in an amount that requires the

towing or towed vehicle to be placarded under Chapter

83 (relating to hazardous materials transportation);

and

or used to transport 16 or more people, including

the driver.

(v) For purposes of subparagraphs (iii) and (iv),

the term "farm tractors" includes tractors designed for

off-road agricultural use, combines, crop pickers, crop

and forage harvesters, threshers, plows, tillers,

planters, seeders, field sprayers, forage cutters, balers

and similar vehicles that are infrequently operated or

moved upon highways and that are used by a farmer in

agricultural production.

(vi) No Federal statute, regulation, standard or

criteria shall be extended to cover a motor vehicle

transporting property along a highway in this

Commonwealth, regardless of whether the motor vehicle

is operated as a combination, provided that all of the

following criteria are met:

(A) the vehicle's or combination's gross weight,

gross vehicle weight rating or gross combination

weight rating does not equal or exceed 26,001 pounds;

(B) the vehicle or combination is not carrying

hazardous materials in an amount that requires the

towing or towed vehicle to be placarded under Chapter

83;

or used to transport 16 or more people, including

the driver; and

(D) the motor vehicle or combination is being

used to transport property, including a vehicle, to

or from an amateur competitive event, regardless of

whether the motor vehicle or combination owner is

sponsored for participation in the amateur

competitive event.

(2) The regulations promulgated by the department under

paragraph (1) may be modified, but shall, to the maximum

extent possible, be consistent with safety and correspond

to Federal regulations, standards or criteria.

(3) The regulations promulgated by the department under

paragraph (1) shall not cause the forfeiture or withholding

of Federal funding. If a regulation promulgated under

paragraph (1) results in a forfeiture or withholding of

Federal funding, the regulation shall be void, and the

department shall publish notice of the voided regulation in

the Pennsylvania Bulletin.

(d) Modification of Federal statute, regulation, standard

or criteria.--If any Federal statute, regulation, standard or

criteria adopted by the department is amended or modified by

the Federal Government, the amendment or modification shall

have the effect of so amending or modifying the department's

regulations. The amendment or modification shall take effect

60 days after the effective date of the Federal amendment or

modification unless the department publishes a notice in the

Pennsylvania Bulletin stating that the amendment or modification

shall not take effect.

(e) Additional penalties.--

(1) In addition to any other penalty provided by law,

the department may promulgate regulations providing for the

suspension of the operating privilege, vehicle registration

and fleet inspection privilege of:

(i) Any person who fails to pay any fee, charge or

fine levied under this title.

(ii) Any person the department finds has repeatedly

operated or caused or permitted the operation of motor

carrier vehicles or buses placed out of service under

section 4704(c) (relating to inspection by police or

Commonwealth personnel).

(2) Except in the case of a person having been convicted

of a violation, the department shall provide the opportunity

for a hearing prior to imposing a suspension. The department

shall be authorized to charge an administrative fee, based

on department costs, if the person requests a hearing.

(f) Definition.--As used in this section, the term "amateur

competitive event" shall mean a competition, tournament or

athletic event, including motorsports, where the competitors'

participation is not the result of an employment contract that

requires participation in the competitive event, notwithstanding

the receipt of prize money or sponsorship.

(June 18, 1980, P.L.223, No.67, eff. imd.; June 25, 1982,

P.L.633, No.181, eff. Jan. 1, 1983; June 19, 1985, P.L.49,

No.20, eff. 60 days; June 19, 2001, P.L.281, No.21, eff. imd.;

Nov. 26, 2008, P.L.1658, No.133, eff. 60 days; Oct. 19, 2010,

P.L.557, No.81, eff. 60 days; July 11, 2022, P.L.1591, No.91,

eff. 60 days)

2022 Amendment. Act 91 amended subsec. (c)(1) and added

subsec. (f).

2010 Amendment. Act 81 amended subsec. (c). The preamble

of Act 81 provided that Act 81 may be referred to as the Sgt.

Michael C. Weigand Law.

2001 Amendment. Act 21 amended subsecs. (c) and (d).

1985 Amendment. Act 20 added subsecs. (c), (d) and (e).

1982 Repeal. Act 181 repealed subsec. (b).

Cross References. Section 6103 is referred to in sections

1603, 3716, 4107 of this title.

§ 6103.1. Exemption from additional requirements for highway

occupancy permits for agricultural purposes.

The department shall waive all additional requirements for

a highway occupancy permit in a fifth through eighth class

county when all of the following conditions exist:

(1) The State highway has an overall width of at least

33 feet.

(2) Not more than 25 combination vehicles per week will

access the highway.

(3) The lack of sufficient land is not the result of a

subdivision within ten years by the applicant.

(4) The waiver is necessary for the expansion or

creation of an agricultural operation which lacks other

highway access points that could be permitted without waiver.

(5) The applicant does not hold fee simple title to

land necessary to provide access without this waiver.

(6) The State highway has an average daily travel of

less than 6,500 vehicles per day.

(7) The highway access point has a sight distance of

at least 500 feet.

(Dec. 8, 2004, P.L.1791, No.237, eff. 150 days; July 10, 2006,

P.L.1086, No.113, eff. 60 days)

§ 6104. Administrative duties of department.

(a) Forms.--The department shall prescribe and provide

suitable forms of applications, certificates of title,

registration cards, drivers' licenses and all other forms

requisite or deemed necessary to carry out the provisions of

this title and any other laws the administration of which is

vested in the department.

(b) Review of applications.--The department shall examine

and determine the genuineness, regularity and legality of every

application for registration of a vehicle, for a certificate

of title, and for a driver's license and of any other

application lawfully made to the department, and may in all

cases make investigation as may be deemed necessary or require

additional information, and shall reject any application if not

satisfied of the genuineness, regularity or legality of the

application or the truth of any statement contained in the

application, or for any other reason when authorized by law.

reasonable investigations to procure information required to

enforce the provisions of this title and department regulations.

(d) Retention of records.--The department shall promulgate

rules setting forth the minimum amount of time that must elapse

before the department may destroy records acquired, established

or maintained under this title.

(e) Furnishing documents and information.--The department

may supply copies of and information concerning registrations,

titles and security interests of vehicles and such statistical

data as it may deem to be in the public interest.

(f) Furnishing information to municipal police departments

and sheriffs' offices.--The department shall regularly transmit

to each municipal police department and sheriff's office a list

of the names of persons residing within its jurisdiction whose

operating privilege or registration has been suspended or

revoked.

(Feb. 7, 1990, P.L.11, No.6, eff. 60 days)

1990 Amendment. Act 6 added subsec. (f).

§ 6105. Department to prescribe traffic and engineering

investigations.

The department may establish by regulation the manner in

which traffic and engineering investigations shall be carried

out. The department may specify particular actions which require

traffic and engineering investigations. No action shall become

effective until the investigation has been properly completed.

§ 6105.1. Designation of highway safety corridors.

The department, based upon a traffic and engineering

investigation, shall have the power to designate a segment of

a highway as a highway safety corridor.

(Dec. 23, 2002, P.L.1982, No.229, eff. 6 months)

2002 Amendment. Act 229 added section 6105.1.

Cross References. Section 6105.1 is referred to in section

3326 of this title.

§ 6105.2. Designation of litter enforcement corridors.

Litter enforcement corridors shall be designated as follows:

(1) The department shall have the power to designate a

segment of any State highway.

(2) A political subdivision shall have the ability to

petition the department to designate a segment of any State

highway that is located within the political subdivision's

physical boundaries.

(3) A political subdivision shall have the ability to

designate any local road, by authority granted in section

6109 (relating to specific powers of department and local

authorities).

(4) All scenic highways, as designated by 74 Pa.C.S.

Ch. 83 (relating to scenic highways), shall be deemed litter

enforcement corridors.

(June 28, 2018, P.L.429, No.62, eff. 6 months)

2018 Amendment. Act 62 added section 6105.2.

Cross References. Section 6105.2 is referred to in sections

3329, 6109 of this title.

§ 6106. Designation of emergency vehicles by Pennsylvania State

Police.

(a) General rule.--The Pennsylvania State Police may

designate any vehicle or group of vehicles as emergency vehicles

upon a finding that the designation is necessary to the

preservation of life or property or to the execution of

emergency governmental functions.

(a.1) Exception.--Vehicles designated as emergency vehicles

under this section shall not display or be equipped with a

combination of red and blue lights.

(b) Manner and carrying of designation.--The designation

shall be in writing and the written designation shall be carried

in the vehicle at all times.

(June 26, 2001, P.L.734, No.75, eff. 60 days)

Cross References. Section 6106 is referred to in sections

102, 4572 of this title.

§ 6107. Designation of authorized vehicles by department.

The department may designate any vehicle or group of vehicles

as authorized vehicles upon a finding that the vehicle is used

in the performance of public service or governmental functions.

Duly authorized vehicles shall be exempted from certain

provisions of this title as specified in regulations promulgated

by the department.

Cross References. Section 6107 is referred to in sections

4572, 4573 of this title.

§ 6108. Power of Governor during emergency.

(a) General rule.--In the event of a declared National,

State or local emergency when the Governor of this Commonwealth

has made a specific determination that modification of any of

the provisions of this title will aid in the alleviation of the

stated emergency conditions, the Governor shall have the power

to so modify the provisions on any or all highways in this

Commonwealth to be effective at any or all hours of the day or

night with respect to any or all types or classes of vehicles.

Such modifications shall expire at the end of the emergency

period. No person, unless specifically exempted by the terms

of the declaration of emergency or by other provisions of the

statute or other laws, shall violate any of the terms,

conditions, provisions and modifications set forth by the

Governor.

(b) Penalty.--Any person violating the provisions of this

section, other than violations of section 3362(a)(3) (relating

to maximum speed limits), commits a summary offense and shall,

upon conviction, be sentenced to pay a fine of $300. This

penalty shall be in addition to any other penalties imposed

under this title.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

Cross References. Section 6108 is referred to in section

8704 of Title 53 (Municipalities Generally).

§ 6109. Specific powers of department and local authorities.

(a) Enumeration of police powers.--The provisions of this

title shall not be deemed to prevent the department on

State-designated highways and local authorities on streets or

highways within their physical boundaries from the reasonable

exercise of their police powers. The following are presumed to

be reasonable exercises of police power:

(1) Except as limited by subsections (g) and (h),

regulating or prohibiting stopping, standing or parking.

(2) Regulating traffic by means of police officers or

official traffic-control devices.

(3) Subject to subsections (j) and (j.1), regulating

or prohibiting processions, special activities or assemblages

on highways.

(4) Designating particular highways or roadways for use

by traffic moving in one direction as authorized in section

3308 (relating to one-way roadways and rotary traffic

islands).

(5) Establishing speed limits for vehicles in public

parks.

(6) Designating any highway as a through highway or

designating any intersection or junction of roadways as a

stop or yield intersection or junction.

(7) Prohibiting or restricting the use of highways at

particular places or by particular classes of vehicles

whenever the highway or portion of the highway may be

seriously damaged by the use or the movement of the vehicles

would constitute a safety hazard.

(8) Regulating the operation of pedalcycles and

requiring their registration and inspection, and the payment

of a reasonable registration fee.

(9) Regulating or prohibiting the turning of vehicles

or specified types of vehicles as authorized in section 3331

(relating to required position and method of turning).

(10) Altering or establishing speed limits as authorized

in Subchapter F of Chapter 33 (relating to speed

restrictions).

(11) Enforcement of speed restrictions authorized under

Subchapter F of Chapter 33, except that speed restrictions

may be enforced by local police on a limited access or

divided highway only if it is patrolled by the local police

force under the terms of an agreement with the Pennsylvania

State Police.

(12) Designating no-passing zones as authorized in

section 3307 (relating to no-passing zones).

(13) Prohibiting or regulating the use of designated

streets by any class or kind of traffic, provided that a

prohibition or regulation of a local authority may not be

specific to or discriminate against a highly automated

vehicle.

(14) Establishing minimum speed limits as authorized

in section 3364 (relating to minimum speed regulation).

(15) Regulating and temporarily prohibiting traffic on

streets closed or restricted for construction, maintenance

or special events.

(16) Prohibiting pedestrians from crossing a roadway

in a business district or any designated highway except in

a crosswalk.

(17) Restricting pedestrian crossings at unmarked

crosswalks.

(18) Regulating persons propelling push carts.

(19) Regulating persons upon skates, coasters, sleds

and other toy vehicles.

(20) Adopting and enforcing such temporary or

experimental regulations as may be necessary to cover

emergencies or special conditions.

(21) Regulating the operation of streetcars, the passing

of streetcars by other vehicles and the driving upon

streetcar tracks by other vehicles.

(22) Providing for and establishing procedures governing

the removal and impounding of any vehicle parked on the

highways or public property of the local authority in

violation of any local ordinance adopted pursuant to the

authority of this title or of any of the provisions of this

title.

(23) Adopting such other traffic regulations as are

specifically authorized by this title.

(24) Designating any local road as a litter enforcement

corridor, as described in section 6105.2 (relating to

designation of litter enforcement corridors) and enforcing

penalties for violations of section 3329 (relating to duty

of driver in litter enforcement corridors), provided that

the local authority has received written complaints about

littering or the scattering of rubbish and demonstrates the

need to designate the local road.

(b) Action by local authorities.--Action taken by local

authorities under this section shall be:

(1) by ordinance of the local governing body; or

(2) by a commission or public official authorized to

act on specified matters.

or ordinance enacted under subsection (a)(1), (4), (5), (6),

(7), (9), (10), (11), (12), (13), (14), (15), (16) or (21) shall

be effective until official traffic-control devices giving

notice of the traffic regulations or ordinances are erected

upon or at the entrances to the highway or part thereof affected

as may be most appropriate.

(d) Prior approval by department.--Notwithstanding the

provisions of subsection (a), the department may require local

authorities to obtain department approval in advance of

regulating traffic on State-designated highways within their

physical boundaries.

(e) Engineering and traffic investigation required.--Action

by local authorities under this section shall be taken only

after completing an engineering and traffic investigation when

and in such manner as required by regulations promulgated by

the department. No engineering and traffic investigation is

required to establish a speed limit under section 3362(a)(1.2)

(relating to maximum speed limits) or to restrict the operation

of vehicles under the Surface Transportation Assistance Act of

1982 (Public Law 97-424, 96 Stat. 2097) beyond the access

limitations prescribed under 23 CFR 658.19 (relating to

reasonable access).

(f) Delegation of powers authorized.--Except as set forth

in subsections (g) and (h), nothing contained in this section

shall be deemed to prevent local authorities by ordinance or

resolution of the local governing body from delegating their

powers under subsection (a)(1) or (22) to a parking authority

established pursuant to 53 Pa.C.S. Ch. 55 (relating to parking

authorities).

(g) Delegation of powers in cities of the first class.--

(1) Notwithstanding any contrary provision of 53 Pa.C.S.

Ch. 55 or this title, beginning on March 31, 2014, the

parking authority of a city of the first class shall enforce

and administer the system of on-street parking regulation

in a city of the first class on behalf of the city. The

system of on-street parking regulation shall include all

ordinances and resolutions enacted or adopted by the city

of the first class pursuant to the powers specified under

subsection (a)(1) and those certain stopping, standing and

parking provisions provided in sections 3351 (relating to

stopping, standing and parking outside business and residence

districts), 3353 (relating to prohibitions in specified

places) and 3354 (relating to additional parking

regulations).

(2) Any revenues generated pursuant to the system of

on-street parking regulation authorized by this subsection

shall be collected by the authority on behalf of the city

of the first class and disbursed as provided in this

paragraph, subject to adjustment under paragraph (3).

Beginning with its fiscal year ending in 2015, upon the

conclusion of each of its fiscal years, the authority shall

transfer the revenues of the system of on-street parking

regulation net of the operating and administrative expenses

of the system of on-street parking regulation as follows:

(i) Up to $35,000,000 in the aggregate after taking

into account any monthly remittances to the city in which

it is located.

(ii) In the event the net annual revenue of the

system of on-street parking regulation exceeds

$35,000,000, the authority shall transfer all of the

excess to the general fund of a school district of the

first class coterminous with the city.

(3) The amount set forth in paragraph (2)(i) shall be

adjusted each fiscal year beginning with the fiscal year

ending in 2014 by increasing the $35,000,000 aggregate amount

by an amount equal to $35,000,000 multiplied by the

percentage increase, if any, in the gross revenue generated

by the system of on-street parking regulation. No adjustment

shall be made if the gross revenue generated by the system

of on-street parking regulation did not increase over the

prior fiscal year.

(4) The provisions of section 696(h)(1) of the act of

March 10, 1949 (P.L.30, No.14), known as the Public School

Code of 1949, shall not apply to amounts transferred to a

school district of the first class under this subsection.

Any portion of the excess net revenue of the system of

on-street parking regulation not transferred to a school

district of the first class must be transferred to the city

of the first class in which the authority is located.

(5) As used in this subsection, the following words and

phrases shall have the meanings given to them in this

paragraph:

"Administer." To provide any services or materials

necessary to enforce any ordinance or resolution enacted in

order to regulate or prohibit the stopping, standing or

parking of motor vehicles in a city of the first class or

those certain stopping, standing and parking provisions

provided in sections 3351, 3353 and 3354, including, but not

limited to:

(i) The installation and maintenance of all

equipment, including parking meters, on and along

highways, streets and roadways.

(ii) The installation and maintenance of all

signage, including signage for handicapped parking,

residential permit parking and loading areas, on and

along highways, streets and roadways.

(iii) The operation and management of any

handicapped parking, residential parking and loading

area permit programs.

"Enforce." The issuance of parking violation notices

or citations, the immobilization, towing and impoundment of

motor vehicles and the collection of fines, penalties, costs

and fees, including independent collection agency fees, for

violations of any ordinance or resolution enacted in order

to regulate or prohibit the stopping, standing or parking

of motor vehicles in a city of the first class and those

certain stopping, standing and parking provisions provided

in this section and sections 3351, 3353 and 3354.

(h) Delegation of powers in cities of the second class.--

(1) Notwithstanding any contrary provision of 53 Pa.C.S.

Ch. 55 or this title, beginning on January 1, 2005, the

parking authority of a city of the second class shall enforce

and administer all ordinances and resolutions enacted or

adopted by the city of the second class pursuant to the

powers specified under subsection (a)(1) and those certain

stopping, standing and parking provisions provided in

sections 3351 (relating to stopping, standing and parking

outside business and residence districts), 3353 (relating

to prohibitions in specified places) and 3354 (relating to

additional parking regulations).

(2) Beginning on March 1, 2005, the parking authority

of a city of the second class shall enter into an agreement

with the city of the second class for the transfer of a

portion of the fines, penalties and costs collected pursuant

to this subsection, which the parking authority board deems

reasonable, to the city of the second class.

(3) As used in this subsection, the following words and

phrases shall have the meanings given to them in this

paragraph:

"Administer." To provide any services or materials

necessary to enforce any ordinance or resolution enacted in

order to regulate or prohibit the stopping, standing or

parking of motor vehicles in a city of the second class or

those certain stopping, standing and parking provisions

provided in sections 3351, 3353 and 3354, including, but not

limited to:

(i) The installation and maintenance of all

equipment, including parking meters, on and along

highways, streets and roadways.

(ii) The installation and maintenance of all

signage, including signage for handicapped parking,

residential permit parking and loading areas, on and

along highways, streets and roadways.

(iii) The operation and management of any

handicapped parking, residential parking and loading

area permit programs.

(iv) The adjudication of all disputed parking

violation notices or citations issued through enforcement

by the parking authority in a city of the second class.

"Enforce." The issuance of parking violation notices

or citations, the immobilization, towing and impoundment of

motor vehicles and the collection of fines, penalties and

costs, including independent collection agency fees, for

violations of any ordinance or resolution enacted in order

to regulate or prohibit the stopping, standing or parking

of motor vehicles in a city of the second class and those

certain stopping, standing and parking provisions provided

in sections 3351, 3353 and 3354.

(i) Delegation of powers in cities of the second class A

and third class.--

(1) Notwithstanding a provision of 53 Pa.C.S. Ch. 55

or this title to the contrary, beginning January 1, 2018,

the parking authority of a city of the second class A or

city of the third class may enforce and administer ordinances

and resolutions enacted or adopted by the city of the second

class A or city of the third class under the powers specified

under subsection (a)(1) and those certain stopping, standing

and parking provisions provided in sections 3351, 3353 and

3354.

(2) Beginning March 1, 2018, the parking authority of

a city of the second class A or city of the third class may

enter into an agreement with the city of the second class A

or city of the third class for the transfer of a portion of

the fines, penalties and costs collected under this

subsection, which the parking authority board deems

reasonable, to the city of the second class A or city of the

third class.

(3) As used in this subsection, the following words and

phrases shall have the meanings given to them in this

paragraph:

"Administer." To provide any services or materials

necessary to enforce any ordinance or resolution enacted in

order to regulate or prohibit the stopping, standing or

parking of motor vehicles in a city of the second class A

or city of the third class or those certain stopping,

standing and parking provisions provided in sections 3351,

3353 and 3354, including, but not limited to:

(i) The installation and maintenance of all

equipment, including parking meters, on and along

highways, streets and roadways.

(ii) The installation and maintenance of all

signage, including signage for handicapped parking,

residential permit parking and loading areas, on and

along highways, streets and roadways.

(iii) The operation and management of any

handicapped parking, residential parking and loading

area permit programs.

(iv) The adjudication of all disputed parking

violation notices or citations issued through enforcement

by the parking authority in a city of the second class

A or city of the third class.

"Enforce." The issuance of parking violation notices

or citations, the immobilization, towing and impoundment of

motor vehicles and the collection of fines, penalties and

costs, including independent collection agency fees, for

violations of any ordinance or resolution enacted in order

to regulate or prohibit the stopping, standing or parking

of motor vehicles in a city of the second class A and city

of the third class and those certain stopping, standing and

parking provisions provided in sections 3351, 3353 and 3354.

(j) Permits for processions, special activities and

assemblages on State-designated highways.--The department may

not require, as a condition for the approval of a permit for a

procession, special activity or assemblage on a State-designated

highway, a local authority to submit a statement that the local

authority will agree to fully indemnify, save harmless and

defend the Commonwealth, Commonwealth departments and their

officers, agents and employees from and against claims, suits

or actions for injury, death or property damage arising from

or because of the acts or omissions of its officers, agents or

employees or of the sponsor of the procession, special activity

or assemblage, if all of the following conditions are met:

(1) The sponsor of the procession, special activity or

assemblage is not the local authority.

(2) The sponsor will fully indemnify, save harmless

and, if requested, defend the Commonwealth, Commonwealth

departments and their officers, agents and employees from

and against claims, suits or actions for injury, death or

property damage arising from or because of the acts or

omissions of the sponsor, its officers, agents or employees.

(3) The sponsor names the department as an additional

insured on its liability policies and the liability insurance

policies are occurrence based and the insurance certificate

indicates that the insurance is occurrence based.

(4) The sponsor agrees to reimburse the Commonwealth

for all costs for police escort and traffic-control services.

(5) The local authority approves of the sponsor

conducting the procession, special activity or assemblage.

(6) The local authority agrees to provide adequate

detour signing or police controls for the rerouting of

traffic along an alternate route, if requested by the

department.

(j.1) Sovereign immunity.--

(1) Nothing in subsection (j) shall be construed to

require the department to issue a permit for a procession,

assemblage or special activity that will occur on a street,

highway or real estate deemed by the department to be unsafe

for use by participants. The department, its servants and

agents, employees and representatives acting on its behalf

shall be immune from suit by participants for personal

injuries or property damages arising during a procession,

assemblage or special activity permitted by the department

under 42 Pa.C.S. §§ 8521 (relating to sovereign immunity

generally) and 8522 (relating to exceptions to sovereign

immunity).

(2) The term "participants" shall include spectators,

event sponsors, municipal officials, police, fire police,

media and others present during the procession, assemblage

or special activity permitted by the department.

(Dec. 7, 1982, P.L.820, No.229, eff. imd.; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; Feb. 9, 2004, P.L.65, No.8;

Feb. 10, 2004, P.L.69, No.9, eff. imd.; Dec. 8, 2004, P.L.1791,

No.237; July 2, 2012, P.L.735, No.84; Dec. 22, 2017, P.L.1258,

No.80, eff. 60 days; June 12, 2018, P.L.204, No.31, eff. imd.;

June 28, 2018, P.L.429, No.62, eff. 6 months; June 30, 2021,

P.L.188, No.36, eff. imd.; Nov. 3, 2022, P.L.1946, No.130, eff.

240 days)

2022 Amendment. Act 130 amended subsec. (a)(13).

2021 Amendment. Act 36 amended subsec. (a)(3) and added

subsecs. (j) and (j.1).

2018 Amendments. Act 31 amended subsec. (e) and Act 62

added subsec. (a)(24).

2017 Amendment. Act 80 added subsec. (i).

2012 Amendment. Act 84 amended subsecs. (a)(1), (f) and (h)

and added subsec. (g), effective in 90 days as to subsec. (g)

and immediately as to the rest of the section.

Cross References. Section 6109 is referred to in sections

3354, 3363, 3370, 3371, 6105.2, 8510, 9010 of this title.

§ 6110. Regulation of traffic on Pennsylvania Turnpike.

(a) General rule.--The provisions of this title apply upon

any turnpike or highway under the supervision and control of

the Pennsylvania Turnpike Commission unless specifically

modified by rules and regulations promulgated by the commission

which shall become effective only upon publication in accordance

with law. A copy of the rules and regulations, so long as they

are effective, shall be posted at all entrances to the turnpike

or highway for the inspection of persons using the turnpike or

highway. This section does not authorize the establishment of

a maximum speed limit greater than 55 miles per hour, except

that a 65-miles-per-hour or 70-miles-per-hour maximum speed

limit for all vehicles may be established where the commission

has posted a 65-miles-per-hour or 70-miles-per-hour speed limit.

(a.1) Posting.--No maximum speed limit established under

subsection (a) shall be effective unless posted on fixed or

variable official traffic-control devices erected after each

interchange on the portion of highway on which the speed limit

is in effect and wherever else the commission shall determine.

(b) Penalties.--

(1) Except as otherwise provided in this subsection,

any person violating any of the rules and regulations of the

Pennsylvania Turnpike Commission for which no penalty has

otherwise been provided by statute commits a summary offense

and shall, upon conviction, be sentenced to pay a fine of

$25.

(2) (Deleted by amendment).

(3) (Deleted by amendment).

(July 10, 1981, P.L.259, No.86, eff. 60 days; Apr. 16, 1992,

P.L.169, No.31, eff. 60 days; June 13, 1995, P.L.57, No.9, eff.

30 days; June 26, 2001, P.L.734, No.75, eff. 60 days; Nov. 25,

2013, P.L.974, No.89)

2013 Amendment. Act 89 amended the entire section,

effective immediately as to subsecs. (a) and (a.1) and 60 days

as to the remainder of the section. See the preamble to Act 89

in the appendix to this title for special provisions relating

to legislative findings and declarations.

1995 Amendment. See section 4 of Act 9 in the appendix to

this title for special provisions relating to report on effect

of increased speed limit.

§ 6110.1. Fare evasion.

(a) Penalty.--A person that violates a regulation of the

Pennsylvania Turnpike Commission prohibiting fare evasion or

attempted fare evasion commits a summary offense and shall,

upon conviction, be sentenced to pay a fine according to the

classification by the commission of the vehicle driven by that

person at the time of violation as follows:

(1) Class 1 through 2: $100.

(2) Class 3 through 6: $500.

(3) Class 7 and higher: $1,000.

(b) Affirmative action.--A person that intentionally or

knowingly takes an affirmative action in an attempt to evade

tolls incurred for travel upon the Pennsylvania turnpike or a

road under its control commits a misdemeanor of the third degree

and shall, upon conviction, be sentenced to:

(1) pay a fine of $3,000 for a first offense; and

(2) pay a fine of $6,500 or to imprisonment of not more

than six months, or both, for a second or subsequent offense.

section shall not preclude prosecution under section 1332

(relating to display of registration plate), 1380 (relating to

suspension of registration upon unpaid tolls), 7122 (relating

to altered, forged or counterfeit documents and plates) or 7124

(relating to fraudulent use or removal of registration plate).

(d) Restitution.--In addition to the fines imposed under

this section, restitution shall be made to the commission in

an amount equal to the full fare, for the appropriate vehicle

class, from the farthest point of entry on the turnpike to the

actual point of exit.

(e) Deposit of fines.--Notwithstanding the provision of any

other law, the fines collected under subsections (a) and (b)

shall be deposited into the Motor License Fund.

(f) Definition.--As used in this section, the term

"affirmative action" includes:

(1) operating a vehicle without a license plate and

valid vehicle registration;

(2) operating a vehicle without a valid electronic toll

collection device and installing a mechanism which rotates,

changes, blocks or otherwise mechanically alters the ability

of a license plate to be read by a toll collection system;

(3) installing a device upon a vehicle which serves the

sole purpose of masking, hiding or manipulating the true

weight of the vehicle as it appears to a mechanical scale;

(4) conspiring with an individual or group of

individuals to alter, lower or evade payment of correct

tolls;

(5) unauthorized use of a Pennsylvania Turnpike private

gate access or otherwise unauthorized movement entering or

exiting the turnpike other than at approved tolling points;

and

(6) operating a vehicle without a valid electronic toll

collection device and altering, obstructing, covering,

distorting, manipulating or removing a license plate from a

vehicle to impede electronic toll collection.

(Nov. 25, 2013, P.L.974, No.89, eff. 60 days; Nov. 3, 2022,

P.L.1734, No.112, eff. 60 days)

2022 Amendment. Act 112 amended subsecs. (c) and (f).

2013 Amendment. Act 89 added section 6110.1. See the

preamble to Act 89 in the appendix to this title for special

provisions relating to legislative findings and declarations.

§ 6111. Regulation of traffic on bridges under authority of

interstate commissions.

(a) General rule.--The provisions of this title apply to

any bridge under the supervision and control of the Delaware

River Joint Toll Bridge Commission, the Delaware River Port

Authority and the New York-Pennsylvania Joint Commission on

Bridges over the Delaware River unless specifically modified

by rules and regulations which shall become effective only upon

publication in accordance with law. Rules and regulations, so

long as they are effective, shall be posted at all entrances

to the bridges.

(b) Penalty.--Any person violating any of the rules and

regulations of the Delaware River Joint Toll Bridge Commission,

the Delaware River Port Authority or the New York-Pennsylvania

Joint Commission on Bridges over the Delaware River for which

no penalty has otherwise been provided by statute is guilty of

a summary offense and shall, upon conviction, be sentenced to

pay a fine of $25.

§ 6112. Removal of traffic hazards by property owner.

(a) General rule.--It is the duty of the owner of real

property to remove from the property any tree, plant, shrub or

other similar obstruction, or part thereof, which by obstructing

the view of any driver constitutes a traffic hazard.

(b) Notice of hazard.--When the department or any local

authority determines on the basis of an engineering and traffic

investigation that a traffic hazard exists, it shall notify the

owner and order the hazard removed within ten days.

hazard within ten days after notice under subsection (b) is a

summary offense and every day the owner fails to remove it shall

be a separate and distinct offense. The offense is punishable

by a fine of $10.

§ 6113. Control of public travel on private property by owner.

(a) General rule.--Nothing in this title shall be construed

to prevent the owner of real property used by the public for

purposes of vehicular travel by permission of the owner, and

not as a matter of right, from prohibiting such use, or from

requiring other or different or additional conditions than those

specified in this title, or otherwise regulating such use as

may seem best to such owner.

(b) Enforcement.--The owner of real property which is ten

contiguous acres or more in size may request the local authority

to enforce the observance of speed limits and traffic-control

devices on his property, providing the property has been posted

in accordance with departmental regulations.

(June 30, 1984, P.L.473, No.99, eff. imd.)

§ 6114. Limitation on sale, publication and disclosure of

records.

(a) Offenses defined.--It is unlawful for:

(1) Any police officer, or any officer, employee or

agent of any Commonwealth agency or local authority which

makes or receives records or reports required to be filed

under this title to sell, publish or disclose or offer to

sell, publish or disclose records or reports which relate

to the driving record of any person.

(2) Any person to purchase, secure or procure or offer

to purchase, secure or procure records or reports described

in paragraph (1).

(b) Exceptions.--This section does not apply to records or

reports:

(1) Required or authorized under this title to be sold,

published or disclosed.

(2) Authorized in writing by the person who is the

subject of the record or report to be sold, published or

disclosed. A police officer, or officer, employee or agent

of a Commonwealth agency or local authority may rely on a

certification from a person requesting a record or report

under this paragraph that its sale, publication or disclosure

has been authorized by the person who is the subject of the

record or report. In the event such sale, publication or

disclosure shall not have been authorized, the person who

made the false certification, rather than the police officer

or officer, employee or agent of the Commonwealth agency or

local authority, shall be guilty of the offense defined by

this section.

(3) Required to be released by order of court.

(4) Authorized by departmental regulation to be sold,

published or disclosed to any Federal, State or local

governmental agency for the sole purpose of exercising a

legitimate governmental function or duty. Such records or

reports shall not be resold, published or disclosed by the

receiving agency for any commercial purpose nor without prior

departmental approval.

(4.1) Of a constituent released to a member of Congress

or of the General Assembly or to an employee of a member of

Congress or of the General Assembly. Under this paragraph,

records or reports may not be sold, published or disclosed

by the member or the employee for any commercial purpose

without prior approval by the department.

(5) Purchased by a person who, in compliance with the

Fair Credit Reporting Act (84 Stat. 1127-1136, 15 U.S.C. §

1601 et seq.), has filed with the department an affidavit,

in form acceptable to the department, certifying the intended

use of said record or reports.

(6) Obtained in any form, including computer access,

by a messenger service which has filed an affidavit of

intended use with the department and which maintains on file

at its office of record an authorization in writing by the

person who is the subject of the obtained record or report.

The authorizations are subject to inspection by the

department and shall be retained for a period of two years.

The records or reports may not be accessed, sold, published

or disclosed by the messenger service for any commercial

purpose except the filed intended use without prior approval

by the department.

offense punishable by a fine of not less than $500 nor more

than $1,000.

(d) Additional requirement.--Notwithstanding any other

provision of this section, in the case of a driver under 18

years of age, the department shall notify the parent or guardian

of the minor licensee, at the address of record of the minor,

of any convictions recorded against the minor's record or any

action to suspend or revoke the minor's operating privilege.

Failure of the person to receive the notice shall not prevent

the action taken by the department.

(Apr. 29, 1993, P.L.3, No.3, eff. imd.; June 25, 1999, P.L.164,

No.23, eff. 180 days; Oct. 4, 2002, P.L.845, No.123, eff. 60

days)

2002 Amendment. Act 123 amended subsec. (c).

1999 Amendment. Act 23 added subsec. (d).

1993 Amendment. Act 3 added subsec. (b)(4.1) and (6).

Cross References. Section 6114 is referred to in section

1955 of this title; section 8619 of Title 20 (Decedents, Estates

and Fiduciaries).

§ 6115. Emergency telephones along Pennsylvania Turnpike.

The Pennsylvania Turnpike Commission may provide for the

installation and maintenance of an emergency telephone along

every two miles on both sides of the highway along a 50-mile

stretch of the Pennsylvania Turnpike between Exits 8 and 11.

(Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; July 8, 2016,

P.L.493, No.77, eff. 60 days)

§ 6116. Payment by credit or debit card.

Notwithstanding any other provision of this title, the

department is authorized to accept payment of a fee by a credit

or debit card, even though such payment may not be accompanied

by the required documents if the department determines that

payment by credit or debit card will improve service to the

public without adversely affecting the security and accuracy

of departmental records. If a payment is made by a credit or

debit card, the department may, in addition to the fee

prescribed, assess an additional service fee.

(Dec. 16, 1992, P.L.1250, No.166, eff. imd.)

1992 Amendment. Act 166 added section 6116.

§ 6117. Authority of qualified employees of department and

Department of Revenue.

Employees of the department, the Department of Revenue and

the Pennsylvania Public Utility Commission who have completed

a training program approved by the respective secretaries of

both departments shall be authorized to institute criminal

proceedings by citation under the Pennsylvania Rules of Criminal

Procedure for violations of the provisions of Chapters 13

(relating to registration of vehicles), 21 (relating to motor

carriers road tax identification markers) and 96 (relating to

motor carriers road tax).

(Dec. 7, 1994, P.L.820, No.115, eff. 60 days; Dec. 20, 1995,

P.L.669, No.75, eff. Jan. 1, 1996)

Cross References. Section 6117 is referred to in section

1376 of this title.

§ 6118. Municipal police officer education and training.

Beginning July 1, 2014, and each year thereafter, the sum

of $5,000,000 is appropriated annually to the Pennsylvania State

Police from the Motor License Fund to make payments under 53

Pa.C.S. § 2170 (relating to reimbursement of expenses)

consistent with the requirements of section 11 of Article VIII

of the Constitution of Pennsylvania. If money is not available

to make full payments, the Municipal Police Officers' Education

and Training Commission shall make payments on a pro rata basis.

(Nov. 25, 2013, P.L.974, No.89, eff. 60 days)

2013 Amendment. Act 89 added section 6118. See the preamble

to Act 89 in the appendix to this title for special provisions

relating to legislative findings and declarations.

§ 6119. Removal of dead deer.

(a) Duty.--It is the duty of the department to remove dead

deer from the State right-of-way upon immediate notification

and when the department is conducting general maintenance on

the State right-of-way.

(b) Notice of hazard.--The department shall erect signs

strategically informing the public of deer crossings and provide

notice to the public on when deer are most active to reduce the

risk of a deer-related crash.

(July 8, 2016, P.L.477, No.75, eff. 60 days)

2016 Amendment. Act 75 added section 6119.

SUBCHAPTER B

TRAFFIC-CONTROL DEVICES

Sec.

6121. Uniform system of traffic-control devices.

6122. Authority to erect traffic-control devices.

6123. Erection of traffic-control devices while working.

6123.1. Mandatory traffic-control devices in highway work zones.

6124. Erection of traffic-control devices at intersections.

6125. Display of unauthorized signs, signals or markings.

6126. Interference with devices, signs or signals.

6127. Dealing in nonconforming traffic-control devices.

6128. Dealing in official traffic-control devices or bridge

parts.

6129. Maintenance of pedestrian crosswalks in school zones.

§ 6121. Uniform system of traffic-control devices.

The department shall publish a manual for a uniform system

of traffic-control devices consistent with the provisions of

this title for use upon highways within this Commonwealth. The

uniform system shall correlate with and so far as possible

conform to the system set forth in the most recent edition of

the Manual on Uniform Traffic-Control Devices for Streets and

Highways and other standards issued or endorsed by the Federal

Highway Administrator, United States Department of

Transportation.

§ 6122. Authority to erect traffic-control devices.

(a) General rule.--The department on State-designated

highways and local authorities on any highway within their

boundaries may erect official traffic-control devices, which

shall be installed and maintained in conformance with the manual

and regulations published by the department upon all highways

as required to carry out the provisions of this title or to

regulate, restrict, direct, warn, prohibit or guide traffic.

(1) Local authorities shall obtain approval of the

department prior to erecting an official traffic-control

device on a State-designated highway except where department

regulations provide otherwise.

(2) Local authorities shall obtain approval of the

department prior to erecting any traffic signal except in a

municipality with a traffic engineer qualified in accordance

with department regulations.

(b) Standards for department approval.--The department shall

promulgate rules and regulations setting forth minimum standards

and factors to be considered in determining whether approval

shall be given by the department for the installation and

maintenance of official traffic-control devices. The factors

shall include, but not be limited to, the volume of traffic and

the number of accidents that occurred in each of the three

preceding years.

may enter into agreements with local authorities transferring

to them the authority to install official traffic-control

devices without specific State approval provided they conduct

traffic and engineering investigations which conform with the

rules and regulations promulgated by the department.

(d) Signals on municipal boundaries.--Whenever the need

arises for the installation of a traffic-control signal on or

near the boundary of two political subdivisions adjoining each

other so as to be beneficial to both, either may petition the

department for authority to install the signal. If the political

subdivisions cannot amicably agree upon an allocation of the

costs of installation and maintenance of the signal, either may

petition the court of common pleas of the county in which the

traffic-control signal is to be installed within 90 days after

receiving the approval of the department and the court shall

determine the proper allocation of the expenses to be incurred.

The political subdivision that originated the request to the

department shall install the traffic-control signal within 90

days of the date of the court order or of an amicable agreement

between the political subdivisions.

§ 6123. Erection of traffic-control devices while working.

(a) General rule.--Any person performing any work on or

near the roadway which may create hazards shall erect

traffic-control devices in accordance with the rules and

regulations of the department for the maintenance and protection

of traffic. The regulations of the department shall address the

control of road users through a work zone and shall be an

essential part of highway construction, utility work,

maintenance operations and incident management. All official

traffic-control devices erected for maintenance and protection

of traffic shall be removed as soon as practical when they are

no longer needed. When work is suspended for short periods of

time, official traffic-control devices erected for the

maintenance and protection of traffic shall be removed or

covered when they are no longer appropriate.

(b) Length of work zone.--To the extent practicable, the

length of the work zone shall be appropriate to the work in

progress so that motorists do not increase speed after passing

through a long stretch with no sign of work activity.

practical, lane restrictions in all work zones shall be

minimized to prevent traffic congestion and unsafe traffic

conditions.

(d) Responsibility of contractor.--If the department

determines that a contractor or any subcontractor has failed

to comply with specifications prescribed by the department for

the control of traffic within a work zone on a highway within

this Commonwealth, a sum of not less than $1,000 per day shall

be assessed as liquidated damages from money due or to become

due to the contractor.

(Dec. 23, 2002, P.L.1982, No.229)

2002 Amendment. Act 229 amended the entire section,

effective in six months as to subsecs. (a) and (d) and 60 days

as to the remainder of the section.

§ 6123.1. Mandatory traffic-control devices in highway work

zones.

Each Interstate highway work zone, including a work zone on

the Pennsylvania Turnpike, with a project cost exceeding

$300,000 shall be equipped with speed-monitoring devices for

purposes of advising the operator of a vehicle of the vehicle's

rate of speed. The speed-monitoring device shall be located at

least 500 feet prior to entering the work zone. The entity

responsible for performing the construction or maintenance work

shall erect the speed-monitoring devices in the work zone in

accordance with the department's regulations.

(Dec. 23, 2002, P.L.1982, No.229, eff. 60 days)

2002 Amendment. Act 229 added section 6123.1.

§ 6124. Erection of traffic-control devices at intersections.

The department on State-designated highways, including

intersections with local highways, and local authorities on

intersections of highways under their jurisdiction may erect

and maintain stop signs, yield signs or other official

traffic-control devices to designate through highways or to

designate intersections at which vehicular traffic on one or

more of the roadways should yield or stop and yield before

entering the intersection.

Cross References. Section 6124 is referred to in section

3323 of this title.

§ 6125. Display of unauthorized signs, signals or markings.

(a) General rule.--No person shall place, maintain or

display upon or in view of any highway any unauthorized sign,

signal, marking or device which purports to be or is an

imitation of or resembles an official traffic-control device

or which attempts to direct the movement of traffic, or which

hides from view or interferes with the effectiveness of an

official traffic-control device.

(b) Commercial advertising on signs or signals.--No person

shall place or maintain nor shall any public authority permit

upon any highway any official traffic-control device containing

any commercial advertising except for business signs included

as a part of official motorist service panels or roadside area

information panels approved by the department.

signal or marking is declared to be a public nuisance and the

authority having jurisdiction over the highway may remove the

same or cause it to be removed immediately at the reasonable

expense of the person placing, maintaining or displaying the

sign, signal or marking.

(d) Tourist-oriented directional signs.--The department on

State-designated highways, including intersections with local

highways, may erect and maintain or provide for the erection

and maintenance of tourist-oriented directional signs. The

administration of the department's program for the erection and

maintenance of tourist-oriented directional signs shall be

pursuant to a policy consistent with Federal Highway

Administration Tourist-Oriented Directional Sign guidelines.

(July 2, 1993, P.L.408, No.58, eff. imd.; Dec. 21, 1998,

P.L.1126, No.151, eff. imd.)

1998 Amendment. Act 151 amended subsec. (d).

§ 6126. Interference with devices, signs or signals.

(a) General rule.--No person shall, without lawful

authority, attempt to or in fact, alter, twist, obstruct,

deface, injure, knock down, remove or interfere with the

effective operation of any official traffic-control device, or

any railroad sign or signal, or any inscription, shield or

insignia thereon or any other part thereof. A person shall not

intentionally destroy, remove, injure or deface a temporary

traffic-control device erected for the purpose of enhancing

traffic safety or worker safety in a construction or maintenance

workzone. For purposes of this subsection, a traffic-control

device includes a cone, tubular marker, delineator, warning

light, drum, barricade, sign, sign truck, arrow board or other

device specified in an approved traffic-control plan or by

department regulations.

(b) Penalty.--A person who violates this section commits a

summary offense and shall, upon conviction, be sentenced to pay

a fine of $50 for each traffic-control device that was

destroyed, removed, injured or defaced and to make restitution

under 18 Pa.C.S. § 1106 (relating to restitution for injuries

to person or property).

(July 2, 1993, P.L.408, No.58, eff. 60 days)

§ 6127. Dealing in nonconforming traffic-control devices.

(a) General rule.--It is unlawful for any person to

manufacture, sell, offer for sale or to lease for use on the

highway any traffic-control device unless it has been approved

and is in accordance with department rules and regulations.

(b) Penalty.--Any person violating this section is guilty

of a summary offense and shall, upon conviction, be sentenced

to pay a fine of not less than $100 nor more than $500.

§ 6128. Dealing in official traffic-control devices or bridge

parts.

(a) General rule.--A person commits a summary offense if

he knowingly purchases, sells or offers for sale an official

traffic-control device or an identifiable railing or other part

of a public bridge.

(b) Presumption.--An official traffic-control device or an

identifiable railing or other part of a public bridge found in

the place of business of a person who deals in scrap metal shall

be presumed to be offered for sale by the scrap metal dealer.

or to:

(1) the Commonwealth or local authorities or their

agents or contractors; or

(2) manufacturers or fabricators.

(d) Penalty.--A person who violates the provisions of this

section shall, upon conviction, be sentenced to pay a fine of

$100 for each official traffic-control device or identifiable

piece of railing or other part of a public bridge he is

convicted of purchasing, selling or offering for sale.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 added section 6128.

§ 6129. Maintenance of pedestrian crosswalks in school zones.

The department may paint and maintain pedestrian crosswalks

located within school zones on State-designated highways.

(June 25, 2001, P.L.701, No.68, eff. 60 days)

2001 Amendment. Act 68 added section 6129.

SUBCHAPTER C

RECIPROCITY

Sec.

6141. Declaration of policy.

6142. Reciprocity agreements, arrangements and declarations

authorized.

6143. Benefits, privileges and exemptions from taxes and fees.

6144. Vehicle registration and licensing.

6145. Proportional registration of fleet vehicles.

6146. Enforcement agreements.

6146.1. Multijurisdictional permit agreement.

6147. Declaration of reciprocity in absence of agreement.

6148. Applicability to leased vehicles.

6149. Automatic reciprocity.

6150. Proportional registration not exclusive.

6151. Suspension of reciprocity benefits.

6152. Form, publication and distribution of documents.

6153. Existing reciprocity agreements unaffected.

6154. Nonreciprocity of operational limitations.

Cross References. Subchapter C is referred to in section

102 of this title.

§ 6141. Declaration of policy.

It is the policy of this Commonwealth to promote and

encourage the fullest possible use of its highway system by

authorizing the making and execution of reciprocal agreements,

arrangements and declarations with other states, provinces,

territories and countries with respect to drivers, licensed and

vehicles registered in this and other states, provinces,

territories and countries, thus contributing to the economic

and social development and growth of this Commonwealth.

§ 6142. Reciprocity agreements, arrangements and declarations

authorized.

The secretary may execute or make agreements, arrangements

and declarations to carry out the provisions of this subchapter

and may amend and terminate the agreements, arrangements and

declarations.

§ 6143. Benefits, privileges and exemptions from taxes and

fees.

The secretary may enter into an agreement or arrangement

with the duly authorized representatives of other jurisdictions,

granting to drivers or vehicles or owners of vehicles properly

licensed or registered in those jurisdictions, and for which

evidence of compliance is supplied, benefits, privileges and

exemptions from the payment, wholly or partially, of any taxes,

fees or other charges imposed upon the drivers, vehicles or

owners with respect to the operation or ownership of the

vehicles under the laws of this Commonwealth. The agreement or

arrangement shall provide that drivers or vehicles properly

licensed or registered in this Commonwealth, when operating

upon highways of the other jurisdiction, shall receive

exemptions, benefits and privileges of a similar kind or to a

similar degree as are extended to drivers or vehicles properly

licensed or registered in the jurisdiction when operating in

this Commonwealth. Each agreement or arrangement shall, in the

judgment of the secretary, be in the best interest of this

Commonwealth and the citizens thereof and shall be fair and

equitable to this Commonwealth and the citizens thereof, and

shall be determined on the basis and recognition of the benefits

which accrue to the economy of this Commonwealth from the

uninterrupted flow of commerce.

§ 6144. Vehicle registration and licensing.

An agreement or arrangement entered into, or a declaration

issued, under this subchapter may contain provisions authorizing

the registration or licensing in another jurisdiction of

vehicles located in or operated from a base in the other

jurisdiction which vehicles otherwise would be required to be

registered or licensed in this Commonwealth. In such event, the

exemptions, benefits and privileges extended by the agreement

or declaration shall apply to the vehicles when properly

licensed or registered in the base jurisdiction.

Cross References. Section 6144 is referred to in section

1303 of this title; section 6204 of Title 27 (Environmental

Resources).

§ 6145. Proportional registration of fleet vehicles.

If any jurisdiction permits or requires the licensing of

fleets of vehicles in interstate or combined interstate and

intrastate commerce and payment of registration fees, license

taxes or other fixed fees on an apportionment basis commensurate

with and determined by the miles traveled on and the use made

of the jurisdiction's highways, as compared with the miles

traveled on and the use made of another jurisdiction's highways

or any other equitable basis of apportionment, and exempts

vehicles registered in other jurisdictions under such

apportionment basis from the requirements of full payment of

its own registration, license or other fixed fees, then the

secretary may, by agreement, adopt the exemption with respect

to vehicles of such fleets, whether owned by residents or

nonresidents of this Commonwealth and regardless of where based.

The agreements, under such terms, conditions or restrictions

as the secretary deems proper, may provide that owners of

vehicles operated in interstate or combined interstate and

intrastate commerce in this Commonwealth shall be permitted to

pay registration, license or other fixed fees on an

apportionment basis, commensurate with and determined by the

miles traveled or the use made of the highways of this

Commonwealth as compared with the use made of the highways of

other jurisdictions or any other equitable basis of

apportionment. No agreement shall authorize, or be construed

as authorizing, any vehicle so registered to be operated in

intrastate commerce in this Commonwealth unless the owner has

been granted intrastate authority or rights by the Pennsylvania

Public Utility Commission if such grant is otherwise required

by law. The secretary may adopt and promulgate such rules and

regulations as deemed necessary to effectuate and administer

the provisions of this section, and the registration of fleet

vehicles under this subchapter shall be subject to the rights,

terms and conditions granted by or contained in any applicable

agreement, arrangement or declaration made by the secretary.

§ 6146. Enforcement agreements.

The secretary may enter into agreements relating to

enforcement of this title, including, but not limited to:

(1) the Driver License Compact and any other agreements

to notify any state of violations incurred by residents of

that state;

(2) agreements to suspend or revoke the operating

privilege of Pennsylvania licensed drivers who are convicted

in Federal court or in another state of any offense

essentially similar to those enumerated in section 1532(a)

and (b) (relating to revocation or suspension of operating

privilege);

(3) agreements to disqualify the commercial driving

privilege of Pennsylvania licensed drivers convicted in

Federal court or in another state of offenses essentially

similar to those resulting in disqualification under section

1611 (relating to disqualification);

(4) agreements to establish procedures for the seizure

of suspended, revoked or disqualified drivers' licenses of

residents of other states; and

(5) agreements to take measures to assure taking of

chemical tests of breath, blood or urine and payment of fines

or attendance at hearings by persons charged with these or

other violations.

(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; May 30, 1990,

P.L.173, No.42, eff. Nov. 1, 1990)

Cross References. Section 6146 is referred to in sections

1380, 1533, 1553, 1554 of this title.

§ 6146.1. Multijurisdictional permit agreement.

(a) Multijurisdictional permit agreements authorized.--The

secretary and the Pennsylvania Turnpike Commission may execute

and enter into agreements on behalf of the Commonwealth with

other states and countries to provide for:

(1) The issuance of permits by one signatory state or

country on behalf of another for nondivisible overweight or

oversize loads, vehicles and combinations which are involved

in interstate commerce upon the highways of this Commonwealth

and any signatory state or country.

(2) The collection and refund of permit fees and other

costs from or to permittees.

(3) The collection and disbursement of permit fees and

other funds by one signatory state or country on behalf of

another.

(4) The audit of permittees and signatory states or

countries to insure compliance with a multijurisdictional

permit agreement.

(5) The enforcement of the agreement by one signatory

state or country on behalf of another.

(b) Purpose.--Each agreement with another state or country

entered into on behalf of the Commonwealth pursuant to this

section shall, in the judgment of the secretary, be in the best

interests of this Commonwealth and the citizens thereof and

shall be fair and equitable to this Commonwealth and the

citizens thereof and shall be determined on the basis and

recognition of the benefits which accrue to the economy of the

Commonwealth from the uninterrupted flow of commerce with due

regard for preserving the safety of the motoring public, the

orderly movement of traffic and the structural integrity of the

highways.

Turnpike Commission are authorized to provide for:

(1) The conduct and supervision of the movement of the

overweight or oversize loads, vehicles and combinations by

the department, the Pennsylvania Turnpike Commission, the

Pennsylvania State Police or designated persons when the

movement occurs within this Commonwealth or as authorized

by the agreement.

(2) The administration and enforcement of provisions

set forth in a multijurisdictional permit agreement and the

conditions or provisions set forth in any permit issued

pursuant to such an agreement.

(3) The suspension, revocation, rescission, cancellation

or invalidation of any permittee's rights or privileges.

(d) Implementation.--The secretary and the Pennsylvania

Turnpike Commission, in order to implement this section and the

provisions of a multijurisdictional permit agreement, shall

publish the agreement and relevant rules as a notice in the

Pennsylvania Bulletin.

(Apr. 29, 1994, P.L.148, No.25, eff. imd.)

1994 Amendment. Act 25 added section 6146.1.

Cross References. Section 6146.1 is referred to in section

4907 of this title.

§ 6147. Declaration of reciprocity in absence of agreement.

In the absence of an agreement or arrangement with another

jurisdiction, the secretary may examine the laws and

requirements of such jurisdiction and declare the extent and

nature of exemptions, benefits and privileges to be extended

to vehicles properly registered or licensed in the other

jurisdiction, or to the owners of the vehicles, which shall,

in the judgment of the secretary, be in the best interest of

this Commonwealth and the citizens thereof, and which shall be

fair and equitable to this Commonwealth and the citizens

thereof, and shall be determined on the basis and recognition

of the benefits which accrue to the economy of this Commonwealth

from the uninterrupted flow of commerce.

§ 6148. Applicability to leased vehicles.

An agreement or arrangement entered into, or a declaration

issued, under the authority of this subchapter may contain

provisions under which a leased vehicle properly registered by

the lessor may be entitled, subject to terms and conditions

stated therein, to the exemptions, benefits and privileges

extended by such agreement, arrangement or declaration.

§ 6149. Automatic reciprocity.

If no agreement, arrangement or declaration is in effect

with respect to another jurisdiction as authorized by this

subchapter, any vehicle properly registered or licensed in the

other jurisdiction, and for which evidence of compliance is

supplied, shall receive, when operated in this Commonwealth,

the same exemptions, benefits and privileges granted by the

other jurisdiction to vehicles properly registered in this

Commonwealth with the same type of registration.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

Cross References. Section 6149 is referred to in section

1303 of this title.

§ 6150. Proportional registration not exclusive.

Nothing contained in this subchapter relating to proportional

registration of fleet vehicles shall be construed as requiring

any vehicle to be proportionally registered if the vehicle is

otherwise registered in this Commonwealth for the operation in

which it is engaged including, but not by way of limitation,

regular registration, temporary registration, or trip permit

or registration.

§ 6151. Suspension of reciprocity benefits.

Agreements, arrangements or declarations made under authority

of this subchapter may include provisions authorizing the

department to suspend or cancel the exemptions, benefits or

privileges granted to a person who violates any of the

conditions or terms of such agreements, arrangements or

declarations or who violates the laws or regulations of this

Commonwealth related to motor vehicles.

§ 6152. Form, publication and distribution of documents.

All agreements, arrangements and declarations, and amendments

thereto, shall be in writing and shall be published in

compliance with Part II of Title 45 (relating to publication

and effectiveness of Commonwealth documents). The department

shall provide copies for public distribution upon request.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

§ 6153. Existing reciprocity agreements unaffected.

All reciprocity and proportional registration agreements,

arrangements and declarations relating to vehicles, in force

and effect at the time this subchapter becomes effective, shall

continue in full force and effect until specifically amended

or revoked by the secretary.

§ 6154. Nonreciprocity of operational limitations.

(a) General rule.--If any other state with which the

department has entered into a reciprocity agreement, including

the International Registration Plan, imposes an operational

limitation, burden or prohibition upon vehicles with a base

jurisdiction of Pennsylvania but not upon vehicles with a base

jurisdiction of the other state, the Commonwealth shall impose

a like operational limitation, burden or prohibition upon the

same class of vehicles that are operating in this Commonwealth

but based in the other state. Operational limitations shall

include the maximum weight, width, length or height of a

vehicle.

(b) Penalty.--A person who violates this section commits a

summary offense and shall, upon conviction, be sentenced to pay

a fine of not less than $500 and not more than $1,000 for each

violation.

(June 22, 2001, P.L.559, No.37, eff. imd.; Jan. 27, 2012, P.L.1,

No.1, eff. 60 days)

CHAPTER 63

ENFORCEMENT

Subchapter

A. General Provisions

B. Records of Traffic Cases

C. Pursuit of Vehicles

Enactment. Chapter 63 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977.

Cross References. Chapter 63 is referred to in section 5505

of Title 53 (Municipalities Generally).

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

6301. Prosecutions under local ordinances superseded by title.

6302. Time limitations.

6303. Rights and liabilities of minors.

6304. Authority to arrest without warrant.

6305. Arrest of nonresident.

6306. Costs for summary offenses.

6307. Liability for costs not paid by defendant.

6308. Investigation by police officers.

6308.1. Payment to police or sheriff's office of one-half of

reinstatement fee.

6309. Impoundment for nonpayment of fines; vehicles or

combinations with a gross vehicle weight rating of 17,001

pounds or more.

6309.1. Impoundment for nonpayment of fines; vehicles or

combinations with a gross vehicle weight rating of 17,000

pounds or less.

6309.2. Immobilization, towing and storage of vehicle for

driving without operating privileges or registration.

6310. Disposition of impounded vehicles, combinations and

loads.

6311. Enforcement authority.

6312. Liquor or malt or brewed beverages.

6313. Enforcement of summary offenses in State park and forest

lands.

Cross References. Subchapter A is referred to in section

6506 of this title.

§ 6301. Prosecutions under local ordinances superseded by

title.

Except for parking violations, when the same conduct is

proscribed under this title and a local ordinance, the charge

shall be brought under this title and not under the local

ordinance. Prosecutions brought under any local ordinance, rule

or regulation, which are based on a violation for which there

is a specific penalty provided in this title, except for parking

violations, shall be deemed as having been brought under this

title and the assessment and disposition of the fines and

forfeitures shall be so governed. Local ordinances relating to

parking shall prescribe fines for violations and may authorize

the payment of penalties in lieu of fines and costs under

prescribed conditions.

(Nov. 9, 1977, P.L.226, No.69, eff. imd; Apr. 28, 1978, P.L.202,

No.53, eff. 60 days)

1978 Amendment. Act 53 overlooked the amendment by Act 69

of 1977, but the amendments do not conflict in substance and

have both been given effect in setting forth the text of the

section.

Cross References. Section 6301 is referred to in section

3354 of this title.

§ 6302. Time limitations.

A prosecution for any offense under this title must be

commenced within the period limited by Chapter 55 of Title 42

(relating to limitation of time).

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

1978 Amendment. Act 53 repealed former section 6302 and

added present section 6302.

§ 6303. Rights and liabilities of minors.

(a) General rule.--Except as provided in subsection (b),

any person over the age of 16 years charged with the violation

of any provisions of this title constituting a summary offense

shall have all the rights of an adult and may be prosecuted

under the provisions of this title in the same manner as an

adult.

(b) Exception.--No person shall be sentenced to a term of

imprisonment for a violation of any provisions of this title

constituting a summary offense committed while the person was

under the age of 18 years.

(Nov. 29, 2004, P.L.1369, No.177, eff. imd.)

Cross References. Section 6303 is referred to in section

6322 of Title 42 (Judiciary and Judicial Procedure).

§ 6304. Authority to arrest without warrant.

(a) Pennsylvania State Police.--A member of the Pennsylvania

State Police who is in uniform may arrest without a warrant any

person who violates any provision of this title in the presence

of the police officer making the arrest.

(b) Other police officers.--Any police officer who is in

uniform may arrest without a warrant any nonresident who

violates any provision of this title in the presence of the

police officer making the arrest.

by this section are in addition to any other powers of arrest

conferred by law.

§ 6305. Arrest of nonresident.

(a) General rule.--Upon arrest of a nonresident for any

violation of this title, a police officer shall escort the

defendant to the appropriate issuing authority for a hearing,

posting of bond or payment of the applicable fine and costs,

unless the defendant chooses to place the amount of the

applicable fine (or the maximum fine in the case of a variable

fine) and costs in a stamped envelope addressed to the

appropriate issuing authority and mails the envelope in the

presence of the police officer.

(b) Procedure upon payment by mail.--If the defendant mails

the amount of the fine prescribed in subsection (a), the

defendant shall indicate on an accompanying form whether the

payment constitutes a fine based on a plea of guilty or a bond

for a hearing based on a plea of not guilty. If the plea is not

guilty, the police officer shall notify the issuing authority

by telephone and the issuing authority shall schedule a hearing

for the following day (excluding Saturdays, Sundays and legal

holidays), unless the defendant requests a continuance, in which

case a hearing shall be scheduled to accommodate the defendant,

the police officer and the issuing authority.

be paid in cash, personal or other check, credit card or

guaranteed arrest bond, except that the Administrative Office

of Pennsylvania Courts may enlarge or restrict the types of

payment which may be made by mail.

(d) Receipt for payment.--Except as otherwise provided or

prescribed by law, the police officer shall give the defendant

a receipt for the payment, a copy of which shall be mailed with

the payment and a copy retained by the police officer.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

1978 Amendment. Act 53 amended subsecs. (c) and (d).

§ 6306. Costs for summary offenses.

(a) General rule.--Except as provided in subsection (c),

costs for summary offenses shall be established by general rule

pursuant to Chapter 17 of Title 42 (relating to governance of

the system).

(b) Costs of removing vehicle.--(Reserved).

normally imposed for a summary parking violation of this title

or of a parking ordinance shall be waived in the following

situations:

(1) When the defendant has been issued a parking ticket

and he remits the fine within eight days of the parking

ticket's issuance.

(2) When the defendant, who has not been previously

issued a parking ticket for the alleged parking violation,

has been issued a citation and he remits the fine within

eight days of the citation's issuance.

If the fine is remitted by mail, then a remittance postmarked

within the eight-day period shall be considered as meeting the

requirements of this subsection. The provisions of this

subsection shall only be applicable to summary parking

violations occurring in cities of the first class.

(Apr. 28, 1978, P.L.202, No.53, eff. 1 year; Feb. 15, 1980,

P.L.12, No.8, eff. 60 days)

§ 6307. Liability for costs not paid by defendant.

In any case of prosecution under the provisions of this title

in which the defendant is found not guilty or for any other

reason costs are not recovered from the defendant, all costs

of prosecution shall be paid as provided by Part IV of Title

42 (relating to financial matters).

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

§ 6308. Investigation by police officers.

(a) Duty of operator or pedestrian.--The operator of any

vehicle or any pedestrian reasonably believed to have violated

any provision of this title shall stop upon request or signal

of any police officer and shall, upon request, exhibit a

registration card, driver's license and information relating

to financial responsibility, or other means of identification

if a pedestrian or driver of a pedalcycle, and shall write their

name in the presence of the police officer if so required for

the purpose of establishing identity.

(b) Authority of police officer.--Whenever a police officer

is engaged in a systematic program of checking vehicles or

drivers or has reasonable suspicion that a violation of this

title is occurring or has occurred, he may stop a vehicle, upon

request or signal, for the purpose of checking the vehicle's

registration, proof of financial responsibility, vehicle

identification number or engine number or the driver's license,

or to secure such other information as the officer may

reasonably believe to be necessary to enforce the provisions

of this title.

employee may, during business hours or at any other time in

which work is being conducted or work is being performed,

inspect any vehicle, or major component part for which records

are required to be kept under subsection (d), in any garage or

repair shop or on the premises of any dealer, miscellaneous

motor vehicle business, salvage motor vehicle auction or pool

operator, salvor, scrap metal processor, or other public place

of business which deals in the trade of vehicles or major

component parts for the purpose of:

(1) locating stolen vehicles or parts of vehicles or

major component parts with identification numbers, Federal

certification labels, anti-theft labels or parts stickers

removed, altered or falsified; or

(2) inspecting the records required to be kept under

subsection (d).

The owner, operator, representative of the owner or operator

of the business or other person shall permit any police officer

or authorized department employee to make investigations under

this subsection.

(d) Records.--

(1) Every salvor, miscellaneous motor vehicle business,

salvage motor vehicle auction or pool operator, scrap metal

processor, garage, repair shop and dealer shall keep accurate

records of the purchase, acquisition, sale and disposition

of vehicles as required under sections 1103.1 (relating to

application for certificate of title), 1111 (relating to

transfer of ownership of vehicle), 1113 (relating to transfer

to or from manufacturer or dealer), 1114 (relating to

transfer of vehicle by operation of law), 1119 (relating to

application for certificate of title by agent), 1161

(relating to certificate of salvage required), 1162 (relating

to transfer to vehicle salvage dealer), 1163 (relating to

transfer to scrap metal processor) and 1164 (relating to

theft vehicles). The records shall also include a

corresponding customer receipt with the vehicle

identification number, make, year and type of vehicle, from

whom the vehicle was purchased or acquired, sold to or

disposed of, the date, location and place purchased,

acquired, sold or disposed of and the amount paid or other

tender exchanged for the purchase, acquisition, sale or

disposition.

(2) The records shall also include a photocopy of a

government-issued form of photo identification from the

person towing or selling the vehicle, driver's license number

and location from where the vehicle was towed or sold and

the business name, address, license number and contact number

of the towing company.

(3) The records shall be available on the premises of

the salvor, miscellaneous motor vehicle business, salvage

motor vehicle auction or pool operator, scrap metal

processor, garage, repair shop and dealer and open to

inspection by any police officer or authorized department

employee. The records shall be maintained for three years

from the date of disposition of the vehicle.

(4) If inspection under subsection (c) reveals stolen

vehicles, stolen major component parts, vehicles or major

component parts with identification numbers, Federal

certification labels, anti-theft labels or parts stickers

removed, altered or falsified, any police officer or

authorized department employee may seize those vehicles or

vehicle parts, records relating to the seized vehicles or

vehicle parts and the business, including proof of ownership

or operation of the business, as well as any

instrumentalities used to facilitate criminal activity.

(d.1) Production to avoid penalty.--No person shall be

convicted of failing to have in his possession a driver's

license required to be exhibited under subsection (a) or (b)

if the person:

(1) produces at the headquarters of the police officer

who demanded to see the person's license, within 15 days of

the demand, a driver's license valid in this Commonwealth

at the time of the demand; or

(2) if a citation has been filed, produces at the office

of the issuing authority, within 15 days of the filing of

the citation, a driver's license valid in this Commonwealth

on the date of the citation.

(e) Penalty.--Any person violating subsection (d) commits

a misdemeanor of the third degree.

(July 22, 1983, P.L.122, No.32, eff. imd.; Feb. 12, 1984,

P.L.26, No.11, eff. Oct. 1, 1984; June 19, 1985, P.L.49, No.20,

eff. 60 days; Feb. 2, 1990, P.L.2, No.2, eff. 60 days; Dec. 21,

1998, P.L.1126, No.151, eff. 60 days; Sept. 30, 2003, P.L.120,

No.24, eff. Feb. 1, 2004; Oct. 25, 2012, P.L.1645, No.203, eff.

60 days)

2012 Amendment. Act 203 amended subsecs. (c) and (d).

2003 Amendment. Act 24 amended subsec. (b).

Cross References. Section 6308 is referred to in sections

1162, 1163, 1786, 6329 of this title; section 7706 of Title 18

(Crimes and Offenses).

§ 6308.1. Payment to police or sheriff's office of one-half

of reinstatement fee.

The police department or sheriff's office whose officers or

deputies seize a suspended or revoked driver's license or

vehicle registration shall, in every case where the driver's

license or vehicle registration is reinstated, receive from the

department one-half of the fee imposed under section 1960

(relating to reinstatement of operating privilege or vehicle

registration).

(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)

1990 Amendment. Act 6 added section 6308.1.

§ 6309. Impoundment for nonpayment of fines; vehicles or

combinations with a gross vehicle weight rating of

17,001 pounds or more.

(a) General rule.--Upon imposition of a fine in excess of

$250 imposed pursuant to section 1301 (relating to registration

and certificate of title required), 1371 (relating to operation

following suspension of registration), 4107(b) (relating to

unlawful activities) or Chapter 49 (relating to size, weight

and load), the defendant shall be allowed 24 hours either to

obtain the funds and pay the fine and costs of prosecution or

to make arrangements with the issuing authority to pay in

installments as provided by the Pennsylvania Rules of Criminal

Procedure, during which time the defendant's vehicle or

combination shall be rendered temporarily inoperable by such

police officer, sheriff or constable as the issuing authority

shall designate or, in the interest of public safety, such

police officer, sheriff or constable shall direct that the

vehicle or combination be towed and stored by the appropriate

towing and storage agent with prompt notice to the issuing

authority. If the defendant neither makes payment nor makes

arrangements for payment within the 24-hour period or defaults

on such payment, the issuing authority may issue an impoundment

order and direct enforcement of the order by a police officer,

constable or the appropriate towing and storage agent. In cities

of the first class, the issuing authority shall direct

enforcement of the impoundment order by the Philadelphia Parking

Authority.

(b) Storage.--Upon impoundment, the issuing authority shall

forthwith notify the appropriate law enforcement officer of the

county in which the violation occurred, who shall store the

impounded vehicle or combination. In cities of the first class,

notification shall be made to the Philadelphia Parking

Authority, which shall store the impounded vehicle or

combination.

class, the appropriate law enforcement officer shall give

immediate notice by the most expeditious means and by certified

mail, return receipt requested, of the impoundment and location

of the vehicle or combination to the owner of the vehicle or

combination and the owner of the load and any lienholders if

the names and addresses of the owner and any lienholder are

known or can be ascertained by investigation. In cities of the

first class, the Philadelphia Parking Authority shall give

immediate notice by first class mail, proof of mailing, of the

impoundment and location of the vehicle or combination to the

owner and the lienholder of the vehicle or combination using

reasonably available State databases.

(d) Costs.--The costs of the police officer, constable,

impoundment official, appropriate law enforcement officer or

the Philadelphia Parking Authority, reasonable storage costs

and all other reasonable costs incident to seizure and

impounding under subsections (a) and (b) shall be recoverable

in addition to costs of prosecution.

(e) Recovery of impounded vehicle.--

(1) The owner of any vehicle or combination which has

been impounded under this section may obtain possession of

the vehicle or combination by:

(i) furnishing proof of valid registration and

financial responsibility; and

(ii) paying all fines and costs associated with the

impoundment of the vehicle or making arrangements with

the appropriate judicial authority to make payments of

all fines and costs by installments as provided by the

Pennsylvania Rules of Criminal Procedure.

(2) Any vehicle or combination not recovered under this

subsection may be sold as an unclaimed vehicle, combination

or load under section 6310 (relating to disposition of

impounded vehicles, combinations and loads).

(f) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Appropriate towing and storage agent." Either of the

following:

(1) In cities of the first class, the Philadelphia

Parking Authority or its authorized agent.

(2) In municipalities other than cities of the first

class, a towing and storage agent designated by local

ordinance.

"Costs." The term shall include reasonable fees.

(June 19, 1985, P.L.49, No.20, eff. 60 days; July 2, 1996,

P.L.535, No.93, eff. 60 days; Oct. 4, 2002, P.L.845, No.123,

eff. imd.; July 14, 2005, P.L.285, No.50, eff. 60 days)

2005 Amendment. Act 50 amended subsecs. (a), (c), (e)(2)

and (f).

§ 6309.1. Impoundment for nonpayment of fines; vehicles or

combinations with a gross vehicle weight rating of

17,000 pounds or less.

(a) Applicability.--

(1) This section shall be mandatory in cities of the

first class.

(2) This section shall be applicable in municipalities

other than counties, and other than cities of the first

class, within which the governing body has adopted an

ordinance electing to be subject to the provisions of this

section.

(b) General rule.--Upon conviction of or entry of a plea

of guilty or nolo contendere for one or more of the following

offenses and upon imposition of a fine or fines which,

separately or together with any other outstanding or unpaid

fines imposed for the following offenses, total in excess of

$250, the defendant shall be allowed 24 hours either to obtain

the funds and pay the fine or fines and costs of prosecution

or to make arrangements with the issuing authority to pay in

installments as provided by the Pennsylvania Rules of Criminal

Procedure, during which time the defendant's vehicle or

combination may be rendered temporarily inoperable by such

police officer, sheriff or constable as the issuing authority

shall designate:

Section 1301 (relating to registration and certificate

of title required).

Section 1332 (relating to display of registration plate).

Section 1371 (relating to operation following suspension

of registration).

Section 1501 (relating to drivers required to be

licensed).

Section 1543 (relating to driving while operating

privilege is suspended or revoked).

Section 1786 (relating to required financial

responsibility).

Section 7124 (relating to fraudulent use or removal of

registration plate).

If the defendant neither makes payment nor makes arrangements

for payment within the 24-hour period or defaults upon such

payment, the issuing authority may issue an impoundment order

for the defendant's vehicle and direct enforcement of the order

by a police officer, constable or an impoundment official as

authorized by the issuing authority. In cities of the first

class, the issuing authority shall direct enforcement of the

impoundment order by the Philadelphia Parking Authority.

forthwith notify the appropriate law enforcement officer of the

county in which the violation occurred, who shall store the

impounded vehicle or combination. In cities of the first class,

such notification shall be made to the Philadelphia Parking

Authority, which shall store the impounded vehicle or

combination.

(d) Notice of impoundment.--Except in cities of the first

class, the appropriate law enforcement officer shall give

immediate notice by the most expeditious means and by certified

mail, return receipt requested, of the impoundment and location

of the vehicle or combination to the owner of the vehicle or

combination and any lienholder and, if applicable, any owner

of the load, if the names and addresses of the owner and any

lienholder are known or can be ascertained by investigation.

In cities of the first class, the Philadelphia Parking Authority

shall give immediate notice by first class mail, proof of

mailing, of the impoundment and location of the vehicle or

combination to the owner and the lienholder of the vehicle or

combination using reasonably available State databases.

(e) Costs.--The costs of the police officer, constable,

impoundment official, appropriate law enforcement officer or

Philadelphia Parking Authority, reasonable storage costs and

all other reasonable costs incident to seizure and impounding

under subsections (b) and (c) shall be recoverable in addition

to costs of prosecution.

(f) Recovery of impounded vehicle.--

(1) The owner of any vehicle or combination which has

been impounded under this section may obtain possession of

the vehicle or combination by:

(i) furnishing proof of valid registration and

financial responsibility; and

(ii) paying all fines and costs associated with the

impoundment of the vehicle or making arrangements with

the appropriate judicial authority to make payments of

all fines and costs by installments as provided by the

Pennsylvania Rules of Criminal Procedure.

(2) Any vehicle or combination not recovered under this

subsection may be sold as an unclaimed vehicle, combination

or load under section 6310 (relating to disposition of

impounded vehicles, combinations and loads).

(g) Definition.--As used in this section, the term "costs"

shall include reasonable fees.

(July 2, 1996, P.L.535, No.93, eff. 60 days; Oct. 4, 2002,

P.L.845, No.123, eff. imd.; July 14, 2005, P.L.285, No.50, eff.

60 days)

2018 Correction. Subsec. (g) was not carried with the 2005

amendment of subsecs. (d) and (f)(2). Subsec. (g) is now carried

in this publication.

2005 Amendment. Act 50 amended subsecs. (d) and (f)(2).

§ 6309.2. Immobilization, towing and storage of vehicle for

driving without operating privileges or registration.

(a) General rule.--Subject to subsection (d), the following

shall apply:

(1) If a person operates a motor vehicle or combination

on a highway or trafficway of this Commonwealth while the

person's operating privilege is suspended, revoked, canceled,

recalled or disqualified or where the person is unlicensed,

as verified by an appropriate law enforcement officer in

cooperation with the department, the law enforcement officer

shall immobilize the vehicle or combination or, in the

interest of public safety, direct that the vehicle be towed

and stored by the appropriate towing and storage agent

pursuant to subsection (c), and the appropriate judicial

authority shall be so notified.

(2) If a motor vehicle or combination for which there

is no valid registration or for which the registration is

suspended, as verified by an appropriate law enforcement

officer, is operated on a highway or trafficway of this

Commonwealth, the law enforcement officer shall immobilize

the motor vehicle or combination or, in the interest of

public safety, direct that the vehicle be towed and stored

by the appropriate towing and storing agent pursuant to

subsection (c), and the appropriate judicial authority shall

be so notified.

(b) Procedure upon immobilization.--

(1) When a vehicle is immobilized pursuant to subsection

(a)(1), the operator of the vehicle may appear before the

appropriate judicial authority within 24 hours from the time

the vehicle was immobilized. The appropriate judicial

authority may issue a certificate of release upon:

(i) the furnishing of proof of registration and

financial responsibility by the owner of the vehicle;

and

(ii) receipt of evidence that the operator of the

vehicle has complied with the pertinent provisions of

Title 42 (relating to judiciary and judicial procedure)

and this title.

(2) When a vehicle is immobilized pursuant to subsection

(a)(2), the owner of the vehicle may appear before the

appropriate judicial authority within 24 hours from the time

the vehicle was immobilized. The appropriate judicial

authority may issue a certificate of release upon:

(i) the furnishing of proof of registration and

financial responsibility by the owner of the vehicle;

and

(ii) receipt of evidence that the operator of the

vehicle has complied with the pertinent provisions of

Title 42 and this title.

(3) If a certification of release is not obtained within

24 hours from the time the vehicle was immobilized, the

vehicle shall be towed and stored by the appropriate towing

and storage agent under subsection (c).

(1) Except as provided in paragraph (2), the following

steps shall be taken:

(i) The appropriate judicial authority shall notify

the appropriate law enforcement officer of the county

in which the violation occurred.

(ii) The officer notified under subparagraph (i)

shall notify the appropriate towing and storage agent

to tow and store the vehicle or combination and provide

notice by the most expeditious means and by first class

mail, proof of service, of the towing, storage and

location of the vehicle or combination to the owner of

the vehicle or combination and any lienholder and, if

applicable, the owner of the load, if the names and

addresses of the owner and any lienholder are known or

can be ascertained by investigation.

(2) In a city of the first class, the following steps

shall be taken:

(i) The appropriate judicial authority or

appropriate law enforcement officer shall notify the

appropriate towing and storage agent.

(ii) The appropriate towing and storage agent shall

tow and store the vehicle or combination and provide

notice by first class mail, proof of mailing, of the

towing, storage and location of the vehicle or

combination to the owner and the lienholder of the

vehicle or combination using a reasonably available State

database.

(d) Recovery of towed and stored vehicle.--

(1) The owner or lienholder of any vehicle or

combination which has been towed and stored under this

section may obtain possession of the vehicle or combination

by:

(i) furnishing proof of valid registration and

financial responsibility; and

(ii) (A) if the towing and storage resulted from

the operation of the vehicle or combination by the

owner, paying all fines and costs associated with

the towing and storage of the vehicle or combination

and any other than outstanding fines and costs of

the owner or making arrangements with the appropriate

judicial authority to make payments of all other

outstanding fines and costs immediately or, in the

discretion of the appropriate judicial authority,

by installments as provided by the Pennsylvania Rules

of Criminal Procedures; or

(B) if the towing and storage resulted from the

operation of the vehicle or combination by a party

other than the owner, paying all costs associated

with the towing and storage of the vehicle or

combination and fines associated with citations

issued by the law enforcement officer related to the

towing and storage and any other outstanding fines

and costs of the owner or making arrangements with

the appropriate judicial authority to make payments

of all such fines and costs or, in the discretion

of the appropriate judicial authority, by

installments as provided by the Pennsylvania Rules

of Criminal Procedure.

(1.1) In cities of the first class, the appropriate

judicial authority shall not issue an order for the release

of any vehicle towed and stored pursuant to this section

until provisions are made for payment of all fines and

penalties associated with violations of any local parking

regulation or ordinance or applicable section of this chapter

or Chapter 61 (relating to powers of department and local

authorities).

(2) Any vehicle not recovered under this subsection may

be sold as an unclaimed vehicle, combination or load under

section 6310 (relating to disposition of impounded vehicles,

combinations and loads). The proceeds of the sale shall be

applied to the payment of the fines and costs associated

with the towing and storage of the vehicle.

(e) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Appropriate judicial authority." In counties of the first

class, the Philadelphia Traffic Court. In all other counties,

the magisterial district judge in whose district the violation

occurred.

"Appropriate towing and storage agent." In counties of the

first class, the Philadelphia Parking Authority or its

authorized agent. In other municipalities, a towing and storage

agent designated by local ordinance.

"Costs." The term shall include reasonable fees.

(July 2, 1996, P.L.535, No.93; Dec. 10, 1996, P.L.925, No.149,

eff. imd.; Oct. 4, 2002, P.L.845, No.123, eff. imd.; Nov. 30,

2004, P.L.1618, No.207, eff. 60 days; July 14, 2005, P.L.285,

No.50, eff. 60 days)

2005 Amendment. Act 50 amended subsecs. (a), (c)(2) and

(d).

2004 Amendment. Act 207 amended the def. of "appropriate

judicial authority" in subsec. (e). See section 29 of Act 207

in the appendix to this title for special provisions relating

to construction of law.

Cross References. Section 6309.2 is referred to in section

6506 of this title.

§ 6310. Disposition of impounded vehicles, combinations and

loads.

(a) Rights of owner of load.--The title to the load on an

impounded vehicle or combination remains in the owner who may

repossess the load at any time upon presentation of proof of

ownership to the sheriff. If the load spoils during impoundment,

the loss shall be on the owner subject to any right of recovery

of damages that the owner may have against the owner of the

vehicle or combination or against any other party, and the costs

of disposition of the load shall be recoverable in addition to

the costs of prosecution.

(b) Sale of unclaimed vehicle or load.--In case any

impounded vehicle or combination is unredeemed, or the load is

unclaimed, for a period of 60 days after notice of impoundment

is given, it shall be sold at a public sale by the sheriff upon

order of the issuing authority and after ten days' notice of

sale to the owners, lienholders or secured parties of the

vehicle or load except that, if the sheriff determines it to

be necessary to preserve their value, goods which may spoil may

be sold in any commercially reasonable manner prior to

expiration of the 60-day period and, if impractical to do so,

without giving notice to the owners, lienholders or secured

parties.

shall first be applied to the payment of all fines and costs

and, secondly, to the payment of the encumbrances. The balance,

if any, shall be remitted to the owner.

(d) Sale of unclaimed vehicle or load in cities of the first

class.--In case any impounded vehicle or combination is

unredeemed, or the load is unclaimed, for a period of 15 days

after notice of impoundment is given, it shall be sold at a

public sale by the Philadelphia Parking Authority upon order

of the issuing authority and after ten days' notice of the sale

to the owners, lienholders or secured parties of the vehicle

or load except that, if the Philadelphia Parking Authority

determines it to be necessary to preserve their value, goods

which may spoil may be sold in any commercially reasonable

manner prior to expiration of the 15-day period and, if

impractical to do so, without giving notice to the owners,

lienholders or secured parties.

(e) Disposition of proceeds of sale in cities of the first

class.--The proceeds of sale shall first be applied to the

payment of all fines and costs and then to the owner or

lienholder, whichever is the first to appear. If not claimed

within one year, any remaining proceeds shall be forfeited to

the appropriate towing and storage agent for purposes of funding

its costs associated with this chapter.

(f) Definition.--As used in this section, the term "costs"

shall include reasonable fees.

(June 19, 1985, P.L.49, No.20, eff. 60 days; Oct. 4, 2002,

P.L.845, No.123, eff. imd.; July 14, 2005, P.L.285, No.50, eff.

60 days)

2005 Amendment. Act 50 amended subsec. (e).

Cross References. Section 6310 is referred to in sections

6309, 6309.1, 6309.2 of this title; section 3310 of Title 66

(Public Utilities).

§ 6311. Enforcement authority.

If a driver fails or refuses to comply with the requirements

of a police officer or qualified Commonwealth employee given

pursuant to this title, the police officer or Commonwealth

employee shall have authority to take the vehicle into temporary

custody for the purpose of inspecting, testing or weighing the

vehicle, its equipment, documents or load. In addition to any

fine or penalty attributable to the weight, inspection, test

or other offense, any driver who fails or refuses to comply

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $500. Any costs incurred in weighing,

testing or inspecting shall be paid by the driver to the person

or agency incurring the costs or to the issuing authority for

payment to the person or agency incurring the costs.

(June 19, 1985, P.L.49, No.20, eff. 60 days; Dec. 16, 1992,

P.L.1250, No.166)

1992 Amendment. See section 9 of Act 166 in the appendix

to this title for special provisions relating to effective date.

§ 6312. Liquor or malt or brewed beverages.

(a) General rule.--In an action or proceeding under this

title or as provided in subsection (b) in which a material

element of the offense is that a substance is liquor or a malt

or brewed beverage, all of the following apply:

(1) Chemical analysis is not required to prove that the

substance is liquor or a malt or brewed beverage.

(2) Circumstantial evidence is sufficient to prove that

the substance is liquor or a malt or brewed beverage.

(b) Evidence presented by defendant.--Notwithstanding

subsection (a), nothing shall prevent a defendant from

presenting evidence that the substance is not liquor or a malt

or brewed beverage.

apply to proceedings under Titles 18 (relating to crimes and

offenses) and 42 (relating to judiciary and judicial procedure)

and under the act of April 12, 1951 (P.L.90, No.21), known as

the Liquor Code.

(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days)

1992 Amendment. Act 174 added section 6312.

§ 6313. Enforcement of summary offenses in State park and

forest lands.

(a) General rule.--Notwithstanding any provision of law to

the contrary, individuals appointed and commissioned by the

Department of Conservation and Natural Resources to preserve

order in the State park or State forest lands are specifically

authorized to enforce those provisions of this title which

designate violations as summary offenses while acting within

the State park or State forest lands. The authority includes

the power to stop vehicles suspected of summary offenses, to

issue citations for summary offenses and, if a vehicle is

stopped for a suspected summary offense, to make arrests where

evidence appears of additional offenses designated as

misdemeanors or felonies.

(b) Construction.--Nothing in this section shall be

construed to limit the powers granted these individuals by law.

(June 25, 2001, P.L.701, No.68, eff. imd.)

2001 Amendment. Act 68 added section 6313.

SUBCHAPTER B

RECORDS OF TRAFFIC CASES

Sec.

6321. Records of issuing authorities.

6322. Reports by issuing authorities.

6323. Reports by courts.

6324. Failure to comply with provisions of subchapter.

6325. Department records.

6326. Traffic citation forms (Repealed).

6327. Inspection of records.

6328. Admissibility of department records.

Cross References. Subchapter B is referred to in section

7705 of this title.

§ 6321. Records of issuing authorities.

Every issuing authority shall conform to such procedures and

standards with respect to records of proceedings arising under

this title as may be prescribed pursuant to Title 42 (relating

to judiciary and judicial procedure).

(Apr. 28, 1978, P.L.202, No.53, eff. 2 years)

1978 Amendment. Act 53 added present section 6321 and

repealed former section 6321 relating to the same subject

matter.

§ 6322. Reports by issuing authorities.

(a) General rule.--Subject to any inconsistent procedures

and standards relating to reports and transmission of funds

prescribed pursuant to Title 42 (relating to judiciary and

judicial procedure):

(1) Following the fifteenth and last days of each month,

every issuing authority shall prepare a statement, upon forms

prescribed and furnished by the department, of all fines

collected, bail forfeited, sentence imposed and final

disposition for all cases on violations of any provisions

of this title decided by the issuing authority in the

semimonthly reporting period just concluded. The statement

shall be certified by the issuing authority to be true and

correct and shall be forwarded to the department within the

following week, with a copy sent to the police department

which filed the charge. Any fines and bail forfeited payable

to the Commonwealth under Subchapter E of Chapter 35 of Title

42 (relating to fines, etc.) shall accompany the report to

the department.

(2) The report shall include the identifying number of

the citation, the name and residence address of the party

charged, the driver's license number, the registration number

of the vehicle involved, a description of the offense, the

section and subsection of the statute or ordinance violated,

the date of conviction, the plea, the judgment or whether

bail was forfeited, the sentence or amount of forfeiture and

such other information as the department may require.

(b) Use of reports by department.--Other than reports of

parking convictions, the department shall promptly enter all

relevant information contained in the reports in the records

of the persons who were not commercial drivers at the time of

the violation and shall promptly enter all information contained

in the reports in the records of person who were commercial

drivers at the time of the violation.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; July 5, 2005, P.L.100, No.37)

2005 Amendment. Act 37 amended subsec. (b). Section 10(2)

of Act 37 provided that Act 37 shall take effect 90 days after

publication of a notice in the Pennsylvania Bulletin. The notice

was published July 16, 2005, at 35 Pa.B. 4029.

1998 Amendment. Act 151 amended subsec. (a)(2).

Suspension by Court Rule. Section 6322 was suspended by

Pennsylvania Rule of Criminal Procedure No. 1101(2), adopted

March 1, 2000, insofar as it is inconsistent with Rule 470.

Cross References. Section 6322 is referred to in section

1585 of this title.

§ 6323. Reports by courts.

Subject to any inconsistent procedures and standards relating

to reports and transmission of funds prescribed pursuant to

Title 42 (relating to judiciary and judicial procedure):

(1) The following shall apply:

(i) The clerk of any court of this Commonwealth,

within ten days after final judgment of conviction or

acquittal or other disposition of charges under any of

the provisions of this title or under section 13 of the

act of April 14, 1972 (P.L.233, No.64), known as The

Controlled Substance, Drug, Device and Cosmetic Act,

including an adjudication of delinquency or the granting

of a consent decree, shall send to the department a

record of the judgment of conviction, acquittal or other

disposition.

(ii) The following shall apply:

(A) The clerk of any court of this Commonwealth

shall, by January 1, 2016, send to the department

each record of the following, including an

adjudication of delinquency or the granting of a

consent decree, that was not sent within ten days

after final judgment of conviction or acquittal or

other disposition:

(I) A judgment of conviction, adjudication

of delinquency or a granting of a consent decree

under section 13 of The Controlled Substance,

Drug, Device and Cosmetic Act.

(II) A judgment of conviction, adjudication

of delinquency or a granting of a consent decree

under section 1532(c) (relating to suspension of

operating privilege) for a conviction of any

offense involving the possession, sale, delivery,

offering for sale, holding for sale or giving

away of any controlled substance under the laws

of the United States, this Commonwealth or any

other state.

(B) A filing made under this subparagraph shall

be valid for the purposes of this title.

(2) A record of the judgment shall also be forwarded

to the department upon conviction or acquittal of a person

of a felony, a misdemeanor of the first degree or a

misdemeanor of the second degree in the commission of which

the judge determines that a motor vehicle was essentially

involved.

(3) The fines and bail forfeited under any of the

provisions of this title payable to the Commonwealth under

Subchapter E of Chapter 35 of Title 42 (relating to fines,

etc.) shall accompany the record sent to the department.

(4) The record of judgment required to be sent to the

department by paragraphs (1) and (2) shall indicate if the

vehicle driven by the person was a commercial motor vehicle.

(5) The record of judgment required to be sent to the

department by paragraphs (1) and (2) shall indicate if the

court ordered the defendant to a term of prison.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 15, 1982,

P.L.1268, No.289, eff. 30 days; May 30, 1990, P.L.173, No.42,

eff. Nov. 1, 1990; June 28, 1993, P.L.137, No.33, eff. 60 days;

July 2, 1993, P.L.408, No.58, eff. 60 days; Feb. 10, 1994,

P.L.20, No.3, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151,

eff. 60 days; Oct. 27, 2014, P.L.2905, No.189, eff. imd.)

2014 Amendment. Act 189 amended par. (1).

1998 Amendment. Act 151 added par. (5).

Suspension by Court Rule. Section 6323 was suspended by

Pennsylvania Rule of Criminal Procedure No. 1101(2), adopted

March 1, 2000, insofar as it is inconsistent with Rule 470.

Cross References. Section 6323 is referred to in sections

1553, 1585 of this title.

§ 6324. Failure to comply with provisions of subchapter.

(a) General rule.--Failure, refusal or neglect of any

issuing authority or clerk of court to comply with any of the

requirements of this subchapter is a summary offense punishable:

(1) For a first offense, by a fine of $100.

(2) For a subsequent offense, by a fine of not less

than $200 nor more than $500.

(b) Removal from office.--Conviction shall be grounds for

removal from office.

Suspension by Court Rule. Section 6324 was suspended by

Pennsylvania Rule of Criminal Procedure No. 1101(2), adopted

March 1, 2000, insofar as it is inconsistent with Rule 470.

§ 6325. Department records.

The department shall file all reports and records received

under the provisions of this subchapter and shall maintain

suitable records or facsimiles of the records.

Suspension by Court Rule. Section 6325 was suspended by

Pennsylvania Rule of Criminal Procedure No. 1101(2), adopted

March 1, 2000, insofar as it is inconsistent with Rule 470.

§ 6326. Traffic citation forms (Repealed).

1976 Repeal. Section 6326 was repealed December 2, 1976,

P.L.1238, No.275, eff. imd.

§ 6327. Inspection of records.

The records of the issuing authority, department and each

police department required under this subchapter shall be open

for inspection by any police officer or authorized employee of

the department, the Department of Justice, the Department of

Revenue, the Auditor General and the Court Administrator of the

Supreme Court.

§ 6328. Admissibility of department records.

The department may send to any authorized user by electronic

transmission any certification of record or abstract of records

maintained by the department. Permissible uses shall include,

but not be limited to, certifications of driving records and

motor vehicle records. The department may also certify

electronically any documents certified to it electronically.

Authorized users include State and local police, district

attorneys, employees of the department and the Office of

Attorney General and other persons or entities as determined

by the department and listed by notice in the Pennsylvania

Bulletin. In any proceeding before the courts or administrative

bodies of this Commonwealth, documents certified by the

department under this section and offered into evidence by an

authorized user shall be admissible into evidence.

(Dec. 21, 1998, P.L.1126, No.151, eff. imd.)

1998 Amendment. Act 151 added section 6328.

§ 6329. Data collection and reporting relating to traffic

stops.

(a) Data collection.--Notwithstanding any law to the

contrary, a Pennsylvania State Police officer or a local police

officer shall collect, in a form and manner determined by the

Pennsylvania State Police, the following information for any

self-initiated traffic stop made under this title as authorized

under section 6308 (relating to investigation by police

officers):

(1) The reason for the traffic stop.

(2) The perceived race and ethnicity of the driver

subject to the traffic stop.

(3) The gender and age of the driver subject to the

traffic stop.

(4) Whether a search was initiated, including a search

of a vehicle or the vehicle operator or passengers, and, if

a search was initiated, whether the search was conducted

with the consent of the operator or passengers.

(5) The results of a search.

(6) Whether the traffic stop or subsequent search

resulted in a warning, citation, arrest or other action.

(7) Any additional information the Pennsylvania State

Police deems necessary.

(b) Effect of failure to collect data.--The failure of a

member of the Pennsylvania State Police or a local police

officer to collect the data under subsection (a) shall not

affect the validity of the underlying traffic stop.

a local police department shall transmit the data collected

under subsection (a) by the local police officers employed by

the local police department to the Pennsylvania State Police,

or a third party designated by the Pennsylvania State Police

with experience in the analysis of such data, for the

preparation of an annual analysis and report based on the data.

Upon receipt of the data, the Pennsylvania State Police or the

third party shall immediately make the annual analysis and

report, including any aggregate analysis of the data, publicly

available by posting the annual analysis and report on a

publicly accessible Internet website and transmitting a copy

of the annual analysis and report to all of the following:

(1) The chair and minority chair of the Transportation

Committee of the Senate.

(2) The chair and minority chair of the Transportation

committee of the House of Representatives.

(3) The Pennsylvania Commission on Crime and

Delinquency.

(4) The Pennsylvania Human Relations Commission.

(d) Guidance and directives.--The Pennsylvania State Police

shall issue guidance to all of the following:

(1) If applicable, a third party designated by the

Pennsylvania State Police on the organization and appearance

of an analysis and report required under subsection (c).

(2) Each local police department on the required method,

manner and schedule for transmitting the data collected under

subsection (a) to the Pennsylvania State Police or a third

party designated by the Pennsylvania State Police under

subsection (c).

(e) Interdepartmental cooperation.--Local police departments

may enter into agreements and jointly cooperate for the purpose

of developing, sharing or implementing a system that satisfies

this section.

(f) Applicability.--

(1) The requirements under this section do not apply

to a local police department that, on the effective date of

this paragraph, is collecting the data specified in

subsection (a), providing the data to a third party for

analysis and making the results available to the public.

(2) If a local police department stops collecting the

data under subsection (a), providing the data to a third

party for analysis or making the results available to the

public, the local police department shall be subject to the

requirements under this section.

(g) Construction.--Nothing in this section shall be

construed to prohibit data collected under this section from

being shared with organizations that compile national data

statistics. Data collected under subsection (a) shall not be

accessible under the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law.

(h) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Local police department." A police department that is:

(1) a regional police department that provides police

services to more than one municipality pursuant to an

agreement or contract and serves a total population of more

than 5,000 according to the 2020 Federal decennial census;

(2) a municipal police department for a municipality

with a population of more than 5,000 according to the 2020

Federal decennial census.

"Local police officer." An employee of a local police

department who is empowered to:

(1) Enforce 18 Pa.C.S. (relating to crimes and offenses)

and this title.

(2) Make traffic stops under section 6308.

"Self-initiated traffic stop." A traffic stop, regardless

of the outcome, that was initiated as a result of a reasonable

suspicion or probable cause of a violation of traffic or

criminal law.

(June 5, 2024, P.L.366, No.18, eff. 18 mos.)

2024 Amendment. Act 18 added section 6329. The preamble of

Act 18 provided that Act 18 may be referred to as Paul Miller's

Law.

SUBCHAPTER C

PURSUIT OF VEHICLES

Sec.

6341. Definitions.

6342. Written policies required.

6343. Pursuit records.

6344. Pennsylvania State Police report.

6345. Liability.

Enactment. Subchapter C was added December 27, 1994,

P.L.1337, No.154, effective in 180 days unless otherwise noted.

§ 6341. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

"Commission." The Municipal Police Officers' Education and

Training Commission established under the act of June 18, 1974

(P.L.359, No.120), referred to as the Municipal Police Education

and Training Law.

"Commissioner." The Commissioner of the Pennsylvania State

Police.

"Motor vehicle pursuit." An active attempt by a police

officer operating a motor vehicle to apprehend one or more

occupants of a motor vehicle when the driver of the vehicle is

resisting the apprehension by maintaining or increasing his

speed or by ignoring the police officer's audible or visual

signal to stop.

References in Text. The act of June 18, 1974 (P.L.359,

No.120), referred to as the Municipal Police Education and

Training Law, referred to in the def. of "commission," was

repealed by the act of December 19, 1996 (P.L.1158, No.177).

The subject matter is now contained in Subchapter D of Chapter

21 of Title 53 (Municipalities Generally).

§ 6342. Written policies required.

(a) General rule.--Each police department shall develop and

implement a written emergency vehicle response policy governing

the procedures under which a police officer should initiate,

continue and terminate a motor vehicle pursuit. This policy may

be the model policy endorsed by a national or state organization

or association of police chiefs or police officers. The written

policy shall incorporate the guidelines under this section.

(b) Intent of guidelines.--The guidelines under this section

are solely intended to direct police departments to maintain

pursuit policies and outline the content of those pursuit

policies. The guidelines contained in this section are not

intended to mandate the actions of individual police officers

during any particular pursuit.

include, but not be limited to, the following procedural

elements:

(1) Decision making criteria or principles for

initiation of pursuit. These criteria or principles may

include, but not be limited to:

(i) The potential for harm or immediate or potential

danger to others if the fleeing individual or individuals

escape.

(ii) The seriousness of the offense committed or

believed to have been committed by the individual or

individuals attempting to flee.

(iii) Safety factors that pose a risk to police

officers, other motorists, pedestrians and other persons.

(2) Responsibilities of the pursuing officers.

(3) Responsibilities for the communications center.

(4) Responsibilities of the field supervisor.

(5) Traffic regulations during pursuit, including, but

not limited to, the use of emergency equipment, audio signals

and visual signals.

(6) Pursuit tactics.

(7) Roadblock usage.

(8) Communication and coordination of pursuit protocol

for interjurisdictional pursuit.

(9) Decision making criteria or principles for

termination of pursuit. These criteria or principles may

include, but not be limited to, safety factors that pose a

risk to police officers, other motorists, pedestrians and

other persons.

(d) Biennial certification.--The commission shall certify

every other year whether each department has a pursuit policy

in force. The commission shall provide to the Pennsylvania State

Police a list of those municipal police departments that have

and have not notified or certified to the commission that that

department has a pursuit policy. The biennial certification may

be implemented simultaneously with other certifications

conducted by the commission.

(e) Policy confidential.--A policy adopted under this

section shall be confidential and shall not be made available

to the general public.

(f) Limitations.--No police departmental policy may violate

or supersede the requirements of section 3105 (relating to

drivers of emergency vehicles).

Cross References. Section 6342 is referred to in section

6344 of this title.

§ 6343. Pursuit records.

(a) General rule.--All police departments shall maintain

records of all motor vehicle pursuits.

(b) Procedure.--The commissioner, in consultation with the

Pennsylvania Chiefs of Police Association and the Fraternal

Order of Police, shall develop a reporting mechanism for which

all police departments must comply and submit records of all

motor vehicle pursuits. The commissioner, with the approval of

the commission, shall determine the most efficient and least

burdensome procedure for which this reporting requirement shall

be carried out. This procedure may be incorporated at the

discretion of the commissioner within existing or forthcoming

uniform crime reporting functions, including a national

incident-based reporting system.

to, the following information:

(1) Reason for pursuit.

(2) Injuries, if any, and to what persons.

(3) Property damage, if any.

(4) Deaths, if any.

(5) Suspect information, including statute violations

and apprehension status of the suspect.

(6) Any other information deemed necessary by the

commissioner to evaluate and improve pursuit policies.

(d) Implementation.--The commissioner may implement the

reporting requirements to coincide with the timing of the

implementation of a national incident-based reporting system

within this Commonwealth.

Cross References. Section 6343 is referred to in section

6344 of this title.

§ 6344. Pennsylvania State Police report.

(a) Annual report.--The Pennsylvania State Police shall

compile pursuit data sent to it by individual police departments

on an annual basis. The Pennsylvania State Police shall make

an annual report based on Statewide data to the Appropriations

Committee, the Transportation Committee and the Judiciary

Committee of the Senate, the Appropriations Committee, the

Transportation Committee and the Judiciary Committee of the

House of Representatives, the Department of Transportation, the

Office of Attorney General, the Law and Justice Committee of

the Senate and all police departments which contribute to the

report.

(b) Contents.--The Statewide report shall include, but not

be limited to, the following information:

(1) Statewide totals or averages of information

collected under section 6343(b) (relating to pursuit record).

(2) The total number and percentage of pursuits

involving accidents.

(3) The total number and percentage of pursuits

involving injuries.

(4) The total number and percentage of pursuits

involving deaths.

(5) The percentage of fleeing individuals who are

charged with nonpursuit-related offenses and a numerically

totaled breakdown of those nonpursuit-related charges.

(6) A list of police departments which have not notified

or certified to the commission that they have a pursuit

policy as required by section 6342 (relating to written

policies required).

Police shall submit the first annual report after the first

full calendar year of data collection.

§ 6345. Liability.

This subchapter does not increase the liability nor decrease

the protection afforded municipalities and their employees under

42 Pa.C.S. Ch. 85 Subch. C (relating to matters affecting

government units).

CHAPTER 65

PENALTIES AND DISPOSITION OF FINES

Sec.

6501. Definition of conviction.

6502. Summary offenses.

6503. Subsequent convictions of certain offenses.

6503.1. Habitual offenders.

6504. Inability to pay fine and costs.

6505. Disposition of fines and forfeitures (Repealed).

6506. Surcharge.

6507. Levy and imposition of surcharge in cities of the first

class.

Enactment. Chapter 65 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977.

§ 6501. Definition of conviction.

(a) General rule.--For the purposes of this title a

conviction includes a plea of guilty, a plea of nolo contendere,

a finding of guilty by a court or an unvacated forfeiture of

bail or collateral deposited to secure a defendant's appearance

in court.

(b) Payment of fine as guilty plea.--A payment by any person

charged with a violation of this title of the fine prescribed

for the violation is a plea of guilty.

this title, a certified record of conviction includes a

certified record of conviction from any Federal or state court

and a certified record of administrative adjudication from any

state. These records or copies of these records shall be

admissible in any court of law without any need for further

documentation.

(May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990)

1990 Amendment. Act 42 added subsec. (c).

§ 6502. Summary offenses.

(a) Violations of this title.--It is a summary offense for

any person to violate any of the provisions of this title unless

the violation is by this title or other statute of this

Commonwealth declared to be a misdemeanor or felony. Every

person convicted of a summary offense for a violation of any

of the provisions of this title for which another penalty is

not provided shall be sentenced to pay a fine of $25.

(b) Violations of regulations.--It is a summary offense for

a person to violate any provision of any regulation promulgated

under the authority of this title. A person convicted of

violating any provision of a regulation promulgated under the

authority of this title shall pay the fine established in the

section of this title on which the regulation is based or, if

no fine is established in that section of this title, the fine

shall be $25.

and offenses), insofar as it relates to fines and imprisonment

for convictions of summary offenses, is not applicable to this

title.

(July 10, 1984, P.L.679, No.146, eff. 60 days)

Cross References. Section 6502 is referred to in sections

1505, 3592, 3593 of this title.

§ 6503. Subsequent convictions of certain offenses.

(a) General offenses.--Every person convicted of a second

or subsequent violation of any of the following provisions shall

be sentenced to pay a fine of not less than $200 nor more than

$1,000 or to imprisonment for not more than six months, or both:

Section 1543(a) (relating to driving while operating

privilege is suspended or revoked) except as set forth in

subsection (a.1).

Section 3367 (relating to racing on highways).

Section 3734 (relating to driving without lights to avoid

identification or arrest).

Section 3748 (relating to false reports).

(a.1) Certain repeat offenses.--A person convicted of a

sixth or subsequent offense under section 1543(a) shall be

sentenced to pay a fine of not less than $1,000 and to

imprisonment for not less than 30 days but not more than six

months.

(b) Driving without a license.--Every person convicted of

a second or subsequent violation of section 1501(a) (relating

to drivers required to be licensed) within seven years of the

date of commission of the offense preceding the offense for

which sentence is to be imposed shall be sentenced to pay a

fine of not less than $200 nor more than $1,000 or to

imprisonment for not more than six months, or both.

(July 9, 1986, P.L.544, No.96, eff. 60 days; Dec. 21, 1998,

P.L.1126, No.151, eff. 60 days; Oct. 4, 2002, P.L.845, No.123,

eff. 60 days; July 5, 2012, P.L.914, No.93, eff. 60 days)

2012 Amendment. Act 93 amended subsec. (a).

§ 6503.1. Habitual offenders.

A habitual offender under section 1542 (relating to

revocation of habitual offender's license) who drives a motor

vehicle on any highway or trafficway of this Commonwealth while

the habitual offender's operating privilege is suspended,

revoked or canceled commits a misdemeanor of the second degree.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 added section 6503.1.

§ 6504. Inability to pay fine and costs.

(a) Order for installment payments.--Upon plea and proof

that a person is unable to pay any fine and costs imposed under

this title, a court may, in accordance with 42 Pa.C.S. § 9758

(relating to fine), order payment of the fine and costs in

installments and shall fix the amounts, times and manner of

payment.

(b) Imprisonment for nonpayment.--Any person who does not

comply with an order entered under this section may be

imprisoned for a number of days equal to one day for each $40

of the unpaid balance of the fine and costs.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980,

P.L.693, No.142, eff. 60 days; Apr. 11, 1990, P.L.117, No.29,

eff. 60 days)

§ 6505. Disposition of fines and forfeitures (Repealed).

1978 Repeal. Section 6505 was repealed April 28, 1978,

P.L.202, No.53, effective in 60 days.

§ 6506. Surcharge.

(a) Levy and imposition.--In addition to any fines, fees

or penalties levied or imposed as provided by law, under this

title or any other statute, a surcharge shall be levied for

disposition in accordance with subsection (b) as follows:

(1) Upon conviction for any violation of the provisions

of this title or other statute of the Commonwealth, or

regulations promulgated under this title, which is a traffic

violation and which is not included within the provisions

of paragraphs (2) through (7), exclusive of parking offenses,

a surcharge of $45.

(2) Upon conviction for a violation of the following

provisions of this title, a surcharge of $60:

(i) Section 3306(a)(1) (relating to limitations on

driving on left side of roadway).

(ii) Section 3745 (relating to accidents involving

damage to unattended vehicle or property).

(3) Upon conviction for a violation of section 3345(a)

(relating to meeting or overtaking school bus), a surcharge

of $75.

(4) Upon conviction for a violation of section 3362

(relating to maximum speed limits), the following applicable

surcharge:

(i) $45 for exceeding the maximum speed limit by 6

to 10 miles per hour or 11 to 15 miles per hour.

(ii) $60 for exceeding the maximum speed limit by

16 to 25 miles per hour.

(iii) $75 for exceeding the maximum speed limit by

at least 26 miles per hour.

(5) Upon conviction for violation of section 4902

(relating to restrictions on use of highways and bridges),

Subchapter C of Chapter 49 (relating to maximum weights of

vehicles) or Subchapter E of Chapter 49 (relating to

measuring and adjusting vehicle size and weight), a surcharge

of $225.

(6) Upon conviction for violation of Chapter 47

(relating to inspection of vehicles), by the owner or

operator or driver of a vehicle which is subject to the

provisions of Chapter 49 (relating to size, weight and load),

a surcharge of $45.

(7) Upon conviction of offenses under section

1543(b)(1.1) (relating to driving while operating privilege

is suspended or revoked), 3802 (relating to driving under

influence of alcohol or controlled substance) or 3808(a)(2)

(relating to illegally operating a motor vehicle not equipped

with ignition interlock), or upon admission to programs for

Accelerated Rehabilitative Disposition for offenses

enumerated in section 1543(b)(1.1), 3802 or 3808(a)(2), a

surcharge, respectively, of:

(i) $75 for the first offense.

(ii) $150 for the second offense.

(iii) $300 for the third offense.

(iv) $450 for the fourth and subsequent offenses.

(8) Upon conviction, in a city of the first class, of

any violation of this title, a surcharge of $10.

(9) Upon conviction of any violation of this title in

a city of the second class, a surcharge of $10.

The provisions of this subsection shall not apply to any

violation committed by the operator of a motorcycle,

motor-driven cycle, pedalcycle, motorized pedalcycle or

recreational vehicle not intended for highway use.

(b) Disposition.--

(1) Notwithstanding any other statutory provision:

(i) All surcharges levied and collected under

subsection (a)(1) by any division of the unified judicial

system shall be remitted to the Commonwealth for deposit

in the General Fund.

(ii) All surcharges levied and collected under

subsections (a)(2), (3), (4), (5), (6) and (7) by any

division of the unified judicial system shall be remitted

to the Commonwealth for deposit in the Public

Transportation Trust Fund.

(iii) All surcharges levied and collected under

subsection (a)(8) and (9) by any division of the unified

judicial system shall be remitted to the appropriate

towing and storage agent as set forth in section

6309.2(e) (relating to immobilization, towing and storage

of vehicle for driving without operating privileges or

registration) for purposes of funding its costs

associated with Subchapter A of Chapter 63 (relating to

general provisions).

(iv) If the fines, fees or penalties are being paid

in installments, the surcharge shall be remitted on each

installment on a pro rata basis.

(2) (Reserved).

(July 1, 1989, P.L.115, No.24, eff. July 1, 1989; Apr. 16, 1992,

P.L.169, No.31, eff. 60 days; Dec. 15, 1995, P.L.655, No.72,

eff. 60 days; Mar. 20, 2002, P.L.154, No.13, eff. imd.; Sept.

30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Feb. 9, 2004,

P.L.65, No.8, eff. 60 days; Dec. 8, 2004, P.L.1791, No.237,

eff. 60 days; June 30, 2011, P.L.159, No.26, eff. imd.; Nov.

25, 2013, P.L.974, No.89, eff. Jan. 1, 2014)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

Cross References. Section 6506 is referred to in sections

1798.4, 3111 of this title.

§ 6507. Levy and imposition of surcharge in cities of the first

class.

In addition to any fines, fees or penalties levied or imposed

as provided by law, under any statute or local ordinance, and

upon finding or admission of liability, a surcharge shall be

levied on any parking violation notice or citation issued in a

city of the first class pursuant to the enforcement and

administration of a system of on-street parking in the amount

of $1 for disposition to an account created pursuant to 53

Pa.C.S. § 5708(a) (relating to fund) for purposes of funding

costs of a parking authority of a city of the first class

associated with 53 Pa.C.S. Ch. 57 (relating to taxicabs and

limousines in first class cities).

(July 10, 2006, P.L.1086, No.113, eff. imd.)

2006 Amendment. Act 113 added section 6507.

CHAPTER 67

SERVICE OF PROCESS ON NONRESIDENTS

(Repealed)

1978 Repeal. Chapter 67 (§§ 6701 - 6705) was added June 17,

1976, P.L.162, No.81, and repealed April 28, 1978, P.L.202,

No.53, effective in 60 days. The subject matter is now contained

in Title 42 (Judiciary and Judicial Procedure).

PART VI

MISCELLANEOUS PROVISIONS

Chapter

71. Vehicle Theft and Related Provisions

72. Alternative Fuels (Repealed)

73. Abandoned Vehicles and Cargos

75. Messenger Service

77. Snowmobiles and All-Terrain Vehicles

77A. Operation of Golf Carts

78. Motor Carrier Safety

79. Motorcycles

80. Special Programs

81. Interstate Compacts and Agreements

83. Hazardous Materials Transportation

85. Highly Automated Vehicles

89. Pennsylvania Turnpike

90. Liquid Fuels and Fuels Tax

91. State Highway Maintenance

92. Transfer of State Highways

93. Supplemental Funding for Municipal Highway Maintenance

94. Liquid Fuels and Fuel Use Tax Enforcement

95. Taxes for Highway Maintenance and Construction

96. Motor Carriers Road Tax

97. Department of Transportation Productivity

98. Motorbus Road Tax Credit or Refund

99. Tax Treatment of Certain Organizations

Enactment. Unless otherwise noted, Part VI was added June

17, 1976, P.L.162, No.81, effective July 1, 1977.

CHAPTER 71

VEHICLE THEFT AND RELATED PROVISIONS

Subchapter

A. Identification Number

B. Stolen Vehicles

C. Misuse of Documents and Plates

D. Tampering with Odometers

Enactment. Chapter 71 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977.

SUBCHAPTER A

IDENTIFICATION NUMBER

Sec.

7101. Requirement for identification number.

7102. Removal or falsification of identification number

(Repealed).

7103. Dealing in vehicles with removed or falsified numbers

(Repealed).

7104. State replacement vehicle identification number plate.

7105. Seizure of vehicles with removed or falsified numbers.

§ 7101. Requirement for identification number.

Every vehicle other than a pedalcycle shall contain a vehicle

identification number which shall be placed upon or incorporated

into the vehicle in such manner as to be a permanent part of

the vehicle.

§ 7102. Removal or falsification of identification number

(Repealed).

1998 Repeal. Section 7102 was repealed December 21, 1998,

P.L.1086, No.145, effective in 60 days.

§ 7103. Dealing in vehicles with removed or falsified numbers

(Repealed).

1998 Repeal. Section 7103 was repealed December 21, 1998,

P.L.1086, No.145, effective in 60 days.

§ 7104. State replacement vehicle identification number plate.

(a) General rule.--No vehicle on which the vehicle

identification number has been removed or falsified shall be

titled or registered without a special permit from the

department.

(b) Application for plate.--Before a certificate of title

or registration for the vehicle can be obtained, the owner shall

apply to the department for a State replacement vehicle

identification number plate on a form furnished by the

department which shall contain the full name and address of the

owner and any other information the department may deem

necessary, as certified by a police officer.

identification number plate shall contain:

(1) Official department identification.

(2) The manufacturer's vehicle identification number,

if known, or a number assigned by the department.

(d) Issuance and display of plate.--The department shall

furnish a State replacement vehicle identification number plate

which shall be immediately placed on the driver's side inside

door post or as designated by the department.

(e) Reconstructed, modified or specially constructed

vehicle.--The department may assign a State replacement vehicle

identification number plate for a reconstructed, modified or

specially constructed vehicle or theft recovery vehicle being

brought into the Commonwealth from another state.

(Feb. 14, 1990, P.L.56, No.8, eff. 60 days; Dec. 1, 2004,

P.L.1767, No.228, eff. Jan. 1, 2007)

2004 Amendment. Act 228 amended subsecs. (d) and (e).

§ 7105. Seizure of vehicles with removed or falsified numbers.

(a) Duty of police.--Every police officer having knowledge

of a vehicle on which the vehicle identification number has

been removed or falsified shall immediately seize and take

possession of the vehicle and arrest or file a complaint for

the arrest of the suspected owner or custodian. In all actions

involving seizure or possession of such vehicles, vehicle

identification information shall be transmitted to the Federal

or other agencies involved in recovery of stolen vehicles.

(b) Proceedings if owner known.--The court, upon petition

of the owner or of the person entitled to possession of a seized

vehicle, may relinquish custody of the vehicle to the person

legally entitled to the vehicle. Any vehicle in the possession

or custody of a police officer shall not be released to the

owner or person legally entitled to possession of a seized

vehicle pursuant to this section until such time as a

replacement vehicle identification number plate has been

obtained. Proof of the replacement vehicle identification number

must be exhibited to the police officer at the time of release,

together with the court order relinquishing custody. The

provisions with regard to the securance of a replacement vehicle

identification number shall not apply when the vehicle is titled

in a foreign state and will be removed from this State

immediately upon release. If the foreign vehicle will not be

removed immediately, the exception does not apply and a

replacement vehicle identification number must be obtained.

Except as otherwise provided in this section, the court shall

retain in custody the seized vehicle pending prosecution of the

person arrested. In case the person is found guilty, the vehicle

shall remain in the custody of the court until the fine and

costs of prosecution are paid, except that if 90 days have

elapsed after the verdict has been rendered and the fine and

costs have not been paid, the court shall proceed to advertise

and sell the vehicle in the manner provided by law for the sale

of personal property under execution. The proceeds from the

sale shall be used to pay the fine and costs of prosecution and

the balance, if any, shall be forwarded to the department to

be transmitted to the State Treasurer for deposit in the Motor

License Fund.

vehicle is not established to the satisfaction of the court,

the vehicle shall be confiscated by the court and sold

immediately, and the proceeds shall be used to pay the costs

of proceedings and the balance, if any, shall be forwarded to

the department to be transmitted to the State Treasurer for

deposit in the Motor License Fund.

(Feb. 14, 1990, P.L.56, No.8, eff. 60 days)

SUBCHAPTER B

STOLEN VEHICLES

Sec.

7111. Dealing in titles and plates for stolen vehicles.

7112. False report of theft or conversion of vehicle.

7113. Reporting stolen and recovered vehicles.

7114. Records of stolen vehicles.

7115. Application for certificate of title of a stolen vehicle.

7116. Fraudulent removal of vehicle from garage.

§ 7111. Dealing in titles and plates for stolen vehicles.

A person is guilty of a misdemeanor of the first degree if

the person with fraudulent intent procures or attempts to

procure a certificate of title or registration plate for a

vehicle, or passes or attempts to pass a certificate of title

or an assignment to a vehicle, knowing or having reason to

believe that the vehicle has been stolen.

Cross References. Section 7111 is referred to in sections

1532, 1553 of this title.

§ 7112. False report of theft or conversion of vehicle.

A person is guilty of a misdemeanor of the third degree if

the person knowingly makes a false report of the theft or

conversion of a vehicle to a police officer or to the

department.

§ 7113. Reporting stolen and recovered vehicles.

(a) Stolen vehicle.--Every police department or police

office, having knowledge of a stolen vehicle, shall immediately

furnish the State Police with full information about the stolen

vehicle. The State Police shall forward the stolen vehicle

information to the department.

(b) Recovered stolen vehicle.--Within 48 hours of the

recovery or receiving notice of recovery of a stolen vehicle

by the department to which the theft was originally reported,

the police shall notify the owner of the vehicle. If the vehicle

was recovered by a department other than the department to which

the theft was originally reported, the department that recovered

the vehicle shall promptly notify the department to which the

theft was originally reported, which department in turn shall

notify the owner. If the vehicle was recovered without their

knowledge, the owner shall notify the same police department

to which the theft was originally reported. On recovering or

receiving and verifying the report of recovery of a stolen

vehicle, the police shall notify the State Police. The State

Police shall notify the department of the recovery.

(June 25, 1987, P.L.30, No.13, eff. 60 days)

1987 Amendment. Act 13 amended subsec. (b).

Cross References. Section 7113 is referred to in section

7114 of this title.

§ 7114. Records of stolen vehicles.

(a) General rule.--The department shall, upon receiving a

report of the theft of a vehicle, make an entry onto the

vehicle's record that it has been reported as stolen, which

entry shall remain until a report of recovery has been received

as provided in section 7113(b) (relating to reporting stolen

and recovered vehicles). If the vehicle is not reported as

recovered within five years, the department may remove the

record from its files.

(b) List of stolen and recovered vehicles.--The department

shall prepare periodic reports listing vehicles, stolen and

recovered, as disclosed by the reports submitted, to be

distributed as provided in regulations promulgated by the

department.

Cross References. Section 7114 is referred to in sections

1104, 1306 of this title.

§ 7115. Application for certificate of title of a stolen

vehicle.

Upon receipt of an application for a certificate of title

of a stolen vehicle, the department shall notify the State

Police and the rightful owner and shall withhold the issuing

of the certificate of title until the proper investigation is

made.

§ 7116. Fraudulent removal of vehicle from garage.

No person shall remove or cause to be removed, by any false

pretension or with intent to defraud, any vehicle that has been

placed in a garage or automobile shop for storage, repair or

garage service.

SUBCHAPTER C

MISUSE OF DOCUMENTS AND PLATES

Sec.

7121. False application for certificate of title or

registration.

7122. Altered, forged or counterfeit documents and plates.

7123. Sale or purchase of certificate or other document.

7124. Fraudulent use or removal of registration plate.

§ 7121. False application for certificate of title or

registration.

A person is guilty of a misdemeanor of the first degree if

the person uses a false or fictitious name or address or makes

a material false statement, or fails to disclose a security

interest, or conceals any other material fact in an application

for a certificate of title or for registration.

Cross References. Section 7121 is referred to in sections

1532, 1553 of this title.

§ 7122. Altered, forged or counterfeit documents and plates.

A person is guilty of a misdemeanor of the first degree if

the person, with fraudulent intent:

(1) alters, forges or counterfeits a certificate of

title, registration card or plate, inspection certificate

or proof of financial responsibility;

(2) alters or forges an assignment of a certificate of

title, or an assignment or release of a security interest

on a certificate of title or any other document issued or

prepared for issue by the department;

(3) has possession of, sells or attempts to sell, uses

or displays a certificate of title, registration card or

plate, driver's license, inspection certificate proof of

financial responsibility or any other document issued by the

department, knowing it to have been altered, forged or

counterfeited;

(4) obtains or attempts to obtain a certificate of

inspection without valid proof of financial responsibility;

(5) provides a certificate of inspection where there

is no valid proof of financial responsibility.

(June 30, 1990, P.L.266, No.63, eff. imd.; Dec. 21, 1998,

P.L.1126, No.151, eff. imd.)

1998 Amendment. Act 151 amended pars. (1), (3), (4) and

(5).

Cross References. Section 7122 is referred to in sections

1532, 1553, 4727, 6110.1 of this title.

§ 7123. Sale or purchase of certificate or other document.

It is unlawful to purchase or sell a certificate or any other

document issued by the department. Police officers or department

representatives may confiscate the documents when unlawfully

possessed or used.

§ 7124. Fraudulent use or removal of registration plate.

A person who either removes a registration plate from a

vehicle or affixes to a vehicle a registration plate not

authorized by law for use on the vehicle, with intent to conceal

or misrepresent the identity of the vehicle or its owner, is

guilty of a summary offense punishable by a fine of not less

than $100 nor more than $500 or imprisonment for not more than

90 days, or both.

Cross References. Section 7124 is referred to in sections

6110.1, 6309.1 of this title.

SUBCHAPTER D

TAMPERING WITH ODOMETERS

Sec.

7131. Legislative findings and definitions.

7132. Prohibited activities relating to odometers.

7133. Permissible activities relating to odometers.

7134. Odometer disclosure requirements.

7135. Odometer mileage statement retention.

7136. Conspiracy to violate odometer requirements.

7137. Violation of Unfair Trade Practices and Consumer

Protection Law.

7138. Civil liability.

7139. Penalties.

Enactment. Subchapter D was added June 14, 1983, P.L.16,

No.8, effective in 60 days.

§ 7131. Legislative findings and definitions.

(a) Legislative findings.--The General Assembly finds as

follows:

(1) Purchasers, when buying motor vehicles, rely heavily

on the odometer reading of a motor vehicle as an index of

the condition and value of the motor vehicle.

(2) Purchasers are entitled to rely on the odometer

reading as an accurate indication of the mileage actually

traveled by the motor vehicle. An accurate indication of the

true mileage traveled by the motor vehicle assists the

purchaser as a guide in determining the safety, reliability

and value of the motor vehicle.

(b) Definitions.--The following words and phrases when used

in this subchapter shall have the meanings given to them in

this subsection unless the context clearly indicates otherwise:

"Dealer." A person engaged in the business of buying,

selling or exchanging motor vehicles.

"Motor vehicle auction." A sale transaction conducted by

means of oral or written exchanges between an auctioneer and

the members of the audience, which exchanges consist of a series

of invitations for offers for the purchase of motor vehicles

made by the auctioneer and offers to purchase made by members

of the audience and culminate in the acceptance by the

auctioneer of the highest or most favorable offer made by a

member of the participating audience.

"Motor vehicle auction company." A person who, as a part

of that person's business, arranges, manages, sponsors,

advertises or carries out motor vehicle auctions.

"Odometer." An instrument for measuring and recording the

actual distance a motor vehicle travels while in operation. The

term does not include any auxiliary odometer designed to be

reset by the operator of the motor vehicle for the purpose of

recording mileage on trips.

"Person." A natural person, association, partnership,

corporation or trust.

"Repair and replacement." To restore to a sound working

condition by replacing the odometer or any part thereof or by

correcting what is inoperative.

"Transfer." To change ownership by purchase, gift or any

other means.

"Transferee." A person to whom the ownership in a motor

vehicle is transferred by purchase, gift or any means other

than by creation of a security interest.

"Transferor." A person who transfers his ownership in a

motor vehicle by sale, gift or any means other than by creation

of a security interest.

(Mar. 21, 1996, P.L.35, No.11, eff. 60 days)

§ 7132. Prohibited activities relating to odometers.

(a) Devices causing improper odometer reading.--No person

shall advertise for sale, sell, use or install, or cause to be

installed, any device which causes an odometer to register any

mileage other than the true mileage driven which is that mileage

driven by the vehicle as registered by the odometer within the

manufacturer's designed tolerance.

(b) Change of odometer reading.--No person shall disconnect,

reset or alter, or cause to be disconnected, reset or altered,

the odometer of any motor vehicle with intent to change the

number of miles indicated on the odometer.

odometer.--No person shall, with intent to defraud, operate a

motor vehicle on any street or highway knowing that the odometer

of that vehicle is disconnected or nonfunctional.

(d) Alteration of true mileage statement.--No person shall

falsely alter or cause to be falsely altered an acceptable

statement of the true mileage of a motor vehicle in an attempt

to conceal the true mileage of the motor vehicle. Any alteration

of the true mileage of another vehicle shall, as a matter of

law, be evidence of intent to defraud under this chapter.

(Mar. 21, 1996, P.L.35, No.11, eff. 60 days)

Cross References. Section 7132 is referred to in section

7136 of this title.

§ 7133. Permissible activities relating to odometers.

(a) General rule.--Nothing in this subchapter prevents the

service, repair or replacement of an odometer if the mileage

indicated remains the same as before the service, repair or

replacement. Where the odometer is incapable of registering the

same mileage as before the service, repair or replacement, the

odometer shall be adjusted to read zero and a notice in writing

shall be attached to the left door frame of the vehicle by the

owner or his agent specifying the mileage prior to repair or

replacement of the odometer and the date on which it was

repaired or replaced.

(b) Prohibitions.--

(1) No person shall fail to adjust an odometer or affix

a notice regarding the adjustment as required pursuant to

subsection (a).

(2) No person shall, with intent to defraud, remove or

alter any notice affixed to a motor vehicle pursuant to

subsection (a).

Cross References. Section 7133 is referred to in section

7136 of this title.

§ 7134. Odometer disclosure requirements.

(a) Odometer mileage statement.--Prior to or simultaneously

with the execution of any ownership transfer document relating

to a motor vehicle, each transferor of a motor vehicle shall

furnish to the transferee a statement signed by the transferor

containing the following information:

(1) The odometer reading at the time of transfer.

(2) The date of transfer.

(3) The transferor's name and current address.

(4) The transferee's name and current address.

(5) The identity of the vehicle, including its make,

year and body type and its complete vehicle identification

number.

(6) (i) A certification by the transferor that, to the

best of his knowledge, the odometer reading reflects the

actual miles or kilometers the vehicle has been driven;

(ii) if the transferor knows that the odometer

reading reflects the amount of mileage in excess of the

designed mechanical odometer limit of 99,999 miles or

kilometers, he shall include a statement to that effect;

(iii) if the transferor knows that the odometer

reading differs from the number of miles or kilometers

the vehicle has actually traveled and that the difference

is greater than that caused by odometer calibration

error, he shall include a statement that the odometer

reading is not the actual mileage and should not be

relied upon.

The transferee shall acknowledge receipt of the disclosure

statement by signing it.

(b) Prohibitions.--

(1) No transferor shall violate any provision of this

section or give a false statement to a transferee in making

any disclosure required by this section.

(2) No transferee shall accept any disclosure required

by any provision of this section if the disclosure is

incomplete.

ownership is transferred through a motor vehicle auction sales

transaction, the motor vehicle auction company conducting the

sale shall receive from the transferor a copy of the odometer

mileage statement which the transferor is required by subsection

(a) to provide to the transferee.

(d) Other acceptable disclosure forms.--Either an odometer

mileage statement, approved by the United States Secretary of

Transportation pursuant to section 1988 of the Motor Vehicle

Information and Cost Savings Act (Public Law 92-513, 15 U.S.C.

§ 1988), or a Pennsylvania ownership transfer document, approved

by the department, which includes the odometer disclosure

information as prescribed in subsection (a) shall be deemed to

satisfy all the requirements for the content and form of

odometer mileage statements. Nothing in this subsection shall

exempt a dealer or motor vehicle auction company from the

provisions of section 7135 (relating to odometer mileage

statement retention).

(d.1) Secure power of attorney, licensed dealers.--The

department shall permit a licensed dealer to use a secure power

of attorney to transfer a vehicle when the certificate of title

is encumbered with a lien, the title has been lost by the

transferor and the licensed dealer is applying for a duplicate

title or the manufacturer certificate of origin for a new

vehicle is in possession of the lienholder. Prior to

transferring the vehicle, the dealer shall obtain from the

transferor a secure power of attorney authorizing the dealer

to transfer to the title all information pertaining to odometers

that is required to be disclosed by this title and Federal law,

in lieu of the transferor providing such information on the

certificate of title. In addition to any other documents

required by the department, the dealer shall submit to the

department the following:

(1) If the transferred vehicle is a retail sale and is

to be titled in this Commonwealth, the dealer shall submit

the secure power of attorney attached to the application for

title, along with the certificate of title and the

established fee.

(2) If the transferred vehicle is to be titled outside

of this Commonwealth, the dealer shall submit to the

department the secure copy of the secure power of attorney

attached to a copy of the certificate of title and the

established fee.

(3) If the transferred vehicle is to be transferred to

another licensed dealer, the first transferor dealer shall

submit to the department the secure copy of the secure power

of attorney attached to a copy of the certificate of title

and the established fee.

Additional transfers between licensed dealers shall be permitted

in accordance with section 1113 (relating to transfer to or

from manufacturer or dealer). No more than one secure power of

attorney shall be utilized with the certificate of title during

this authorized transfer process. Upon application for

certificate of title, the secure power of attorney utilized to

verify odometer information when the vehicle was encumbered

with a lien shall be submitted with the certificate of title.

(d.2) Secure power of attorney, insurance companies.--The

department shall permit an insurer as defined in section 1702

(relating to definitions) to use a secure power of attorney to

transfer a salvage vehicle when the certificate of title is

encumbered with a lien, when the title has been lost by the

transferor and the insurer is applying for a duplicate title

or when the manufacturer certificate of origin for a new vehicle

is in possession of the lienholder. The power of attorney need

not be notarized and may be signed electronically. The insurer

is responsible for ensuring the power of attorney complies with

the requirements of 15 U.S.C. § 7001 et seq. (relating to

electronic signatures in global and national commerce), the

requirements of 49 U.S.C. § 32705 (relating to disclosure

requirements on transfer of motor vehicles) and any requirements

imposed by the Commonwealth. The department may, at its sole

discretion, permit the use of a secure power of attorney as

described in this subsection for the transfer of other vehicles

in addition to salvage vehicles. If the secretary of the United

States Department of Transportation promulgates regulations

regarding the use of a power of attorney as described in this

subsection, those regulations will supersede this subsection

in accordance with 49 U.S.C. § 32705(g).

(d.3) Certification.--Nothing in this section shall require

the department to certify an electronic signature process or

an electronic signature process vendor before accepting a power

of attorney that is executed with an electronic signature.

(d.4) Electronic secure power of attorney.--The department

may, at its sole discretion, permit the use of a secure power

of attorney signed electronically as described in subsection

(d.2) for the transfer of vehicles by licensed dealers.

(e) Exemptions.--A transfer of any of the following types

of motor vehicles is exempt from the requirements of this

section:

(1) A motor vehicle having a registered gross weight

of more than 16,000 pounds.

(2) A motor vehicle 10 years or older.

(3) An implement of husbandry.

(4) Special mobile equipment.

(5) A commercial implement of husbandry.

(Dec. 18, 1992, P.L.1411, No.174, eff. 60 days; Dec. 7, 1994,

P.L.820, No.115, eff. 60 days; July 23, 2020, P.L.644, No.64,

eff. 90 days)

2020 Amendment. Act 64 amended subsecs. (a), (b)(2) and

(d.1) and added subsecs. (d.2), (d.3) and (d.4).

1994 Amendment. Act 115 amended subsec. (d) and added

subsec. (d.1).

1992 Amendment. Act 174 amended subsec. (e).

Cross References. Section 7134 is referred to in section

7136 of this title.

§ 7135. Odometer mileage statement retention.

(a) General rule.--Each dealer or motor vehicle auction

company who is required by this subchapter to execute or receive

an odometer mileage statement shall retain for four years each

odometer mileage statement which he receives. He shall also

retain for four years a photostat, carbon or other facsimile

copy of each odometer mileage statement which he issues. The

dealer shall retain each odometer mileage statement at the

primary place of business in an order that is appropriate to

his business requirements and that permits systematic retrieval.

The statement may be reproduced as long as no information or

identifying marks such as signatures are lost in the

reproduction.

(b) Inspection.--Each dealer or motor vehicle auction

company shall make any odometer mileage statement which it has

retained available for inspection and copying by law enforcement

authorities, the Attorney General or his designee and any

district attorney or his designee.

Cross References. Section 7135 is referred to in section

7134 of this title.

§ 7136. Conspiracy to violate odometer requirements.

No person shall conspire with any other person to violate

section 7132 (relating to prohibited activities relating to

odometers), 7133 (relating to permissible activities relating

to odometers) or 7134 (relating to odometer disclosure

requirements).

§ 7137. Violation of Unfair Trade Practices and Consumer

Protection Law.

A violation of any provision of this subchapter or regulation

promulgated thereunder constitutes "unfair methods of

competition" and "unfair or deceptive acts or practices" within

the meaning of section 2(4) of the act of December 17, 1968

(P.L.1224, No.387), known as the Unfair Trade Practices and

Consumer Protection Law.

§ 7138. Civil liability.

(a) General rule.--A person who, with intent to defraud,

violates any requirement imposed under this subchapter shall

be liable in an amount equal to the sum of three times the

amount of actual damages sustained or $3,000, whichever is the

greater, and, in the case of any successful action to enforce

this liability, the costs of the action together with reasonable

attorney fees as determined by the court.

(b) Statute of limitations.--An action to enforce any

liability created under subsection (a) may be brought by any

person within five years from the date on which the liability

arises.

(Mar. 21, 1996, P.L.35, No.11, eff. 60 days)

§ 7139. Penalties.

(a) Criminal penalty.--A person who knowingly and willfully

commits any act or causes to be done any act that violates any

provision of this subchapter or knowingly and willfully omits

to do any act or causes to be omitted any act that is required

by any such provision commits a felony of the third degree.

(b) Corporate liability for penalty.--Any individual,

director, officer or agent of a corporation who knowingly and

willfully authorizes, orders or performs any of the acts or

practices constituting in whole or in part a violation of any

provision of this subchapter commits a misdemeanor of the third

degree for the first offense and a misdemeanor of the first

degree for a subsequent offense under this section without

regard to any penalties to which that corporation may be subject

under subsection (a).

(Mar. 21, 1996, P.L.35, No.11, eff. 60 days)

CHAPTER 72

ALTERNATIVE FUELS

(Repealed)

2004 Repeal. Chapter 72 (§§ 7201 - 7205) was added December

16, 1992, P.L.1250, No.166, and repealed November 29, 2004,

P.L.1376, No.178, effective immediately. The subject matter is

now contained in the act of November 29, 2004 (P.L.1376,

No.178), known as the Alternative Fuels Incentive Act.

CHAPTER 73

ABANDONED VEHICLES AND CARGOS

Subchapter

A. Abandoned Vehicles and Salvors

B. Watercraft Trailer Forfeiture

Enactment. Unless otherwise noted, Chapter 73 was added

June 17, 1976, P.L.162, No.81, effective July 1, 1977.

Cross References. Chapter 73 is referred to in sections

3352, 3712, 3712.2 of this title.

SUBCHAPTER A

ABANDONED VEHICLES AND SALVORS

Sec.

7301. Authorization of salvors.

7302. Certificate of authorization.

7303. Suspension of authorization.

7303.1. Duty of police and salvors.

7304. Reports to department of possession of abandoned

vehicles.

7304.1. Reports and removal of abandoned vehicles within the

boundaries of a city of the first class or second class.

7305. Notice to owner and lienholders of abandoned vehicles.

7306. Payment of costs upon reclaiming vehicle.

7307. Authorization for disposal of unclaimed vehicles.

7308. Public sale of unclaimed vehicles with value.

7309. Processing of nonrepairable or salvage vehicles.

7310. Removal of abandoned or presumed abandoned vehicles from

roadway.

7311. Reports by garage keepers of abandoned vehicles.

7311.1. Reports by private property owners of abandoned

vehicles.

7311.2. Salvors to remove abandoned vehicles in good faith.

7312. Penalty for violation of chapter.

Subchapter Heading. The heading of Subchapter A was added

July 7, 2006, P.L.365, No.79, effective in 120 days.

§ 7301. Authorization of salvors.

(a) General rule.--The department shall authorize and shall

issue a certificate of authorization to every salvor that

complies with the requirements of this chapter and regulations

adopted by the department and is a currently registered vehicle

salvage dealer as defined in section 1337(c)(2) (relating to

use of "Miscellaneous Motor Vehicle Business" registration

plates).

(a.1) Repair or towing business.--The department may

authorize and issue a certificate of authorization to a

currently registered repair or towing business under section

1337(c)(1) if there is no qualified vehicle salvage dealer in

a county.

(b) Unauthorized operation prohibited.--No person shall

operate as a salvor unless authorized.

(d) Storage facility.--(Deleted by amendment).

(July 11, 1996, P.L.660, No.115, eff. imd.; Dec. 9, 2002,

P.L.1278, No.152, eff. 60 days)

§ 7302. Certificate of authorization.

(a) Application and issuance.--Application for a certificate

of authorization shall be made on a form prescribed by the

department. The department shall investigate the qualifications

and fitness of the applicant and shall issue a certificate of

authorization if it determines that the applicant is capable

of performing the duties of a salvor in a manner consistent

with the public interest.

(b) Place of business.--Every applicant shall have and

maintain an established place of business. If the applicant has

or intends to have one or more places of business or branch

offices, the application shall contain complete information for

each location.

authorization, the department shall require the applicant to

furnish and maintain a bond indemnifying the public and the

department in the amount of $10,000. An individual bond for

each place of business is not required, but all places of

business shall be covered by the bond.

(d) Duration and renewal.--Certificates of authorization

shall be issued for a period of one year and shall be subject

to annual renewal, including a review of the salvor's status

as a vehicle salvage dealer under section 1337(c)(2) (relating

to use of "Miscellaneous Motor Vehicle Business" registration

plates).

(e) Storage facility.--A salvor shall rent or own a storage

facility which shall comply with the act of July 28, 1966 (3rd

Sp.Sess., P.L.91, No.4), referred to as the Junkyard and

Automotive Recycler Screening Law, where applicable and with

regulations promulgated by the department.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

§ 7303. Suspension of authorization.

(a) General rule.--The department shall supervise salvors

and, after providing an opportunity for a hearing, shall suspend

the authorization of any salvor which the department finds is

not properly operated or which has violated or failed to comply

with any of the provisions of this chapter or regulations

adopted by the department. A suspended certificate of

authorization shall be returned to the department immediately

except an appeal from suspension as provided in subsection (b)

shall operate as a supersedeas of any suspension by the

department.

(b) Judicial review.--Any person whose certificate of

authorization has been denied or suspended under this chapter

shall have the right to appeal to the court vested with

jurisdiction of such appeals by or pursuant to Title 42

(relating to judiciary and judicial procedure). The court shall

set the matter for hearing upon 30 days' written notice to the

department and take testimony and examine into the facts of the

case and determine whether the petitioner is entitled to a

certificate of authorization or is subject to suspension of the

certificate of authorization under the provisions of this

chapter.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

1978 Amendment. Act 53 amended subsec. (b).

Cross References. Section 7303 is referred to in section

933 of Title 42 (Judiciary and Judicial Procedure).

§ 7303.1. Duty of police and salvors.

(a) Duty of police and authorized personnel.--Police

officers or personnel designated by ordinance of a municipality

shall process all vehicles presumed to be abandoned. They shall

complete an abandoned vehicle information report on a form

prescribed by the department on each vehicle declared abandoned.

The report shall include the make, model, vehicle identification

number, registration plate number, name and address of the owner

or person who abandoned the vehicle, if known, and any other

information the department may require. The report shall also

indicate the vehicle's status as a vehicle with value, a salvage

vehicle or a nonrepairable vehicle. The report shall include

the name, signature and badge number of the police officer and

the name of the respective police department. The report shall

serve as an authorized written request for a licensed salvor

to remove, possess and further process the abandoned vehicle.

(b) Duty of salvors.--Upon receipt of the written abandoned

vehicle information report from any authorized person described

in subsection (a), a salvor shall take possession of and remove

to the storage facility of the salvor any abandoned vehicle

located within 30 miles of the place of business of the salvor.

The salvor shall also indicate on the abandoned vehicle

information report the vehicle's status as a vehicle with value,

a salvage vehicle or a nonrepairable vehicle.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

2002 Amendment. Act 152 added section 7303.1.

Cross References. Section 7303.1 is referred to in section

7304 of this title.

§ 7304. Reports to department of possession of abandoned

vehicles.

Any salvor taking possession of an abandoned vehicle pursuant

to section 7303.1 (relating to duty of police and salvors) shall

within 48 hours after taking possession send an abandoned

vehicle information report to the department. If the report

indicates the vehicle is a salvage vehicle, the salvor shall

include a photograph of the vehicle to be prepared in a manner

prescribed by the department. Any nonrepairable vehicle which

does not display an identifiable registration plate, current

certificate of inspection and ascertainable vehicle

identification number shall be taken into possession and

flattened or crushed immediately. There is no requirement to

notify the department.

(Apr. 16, 1992, P.L.169, No.31, eff. 60 days; Dec. 9, 2002,

P.L.1278, No.152, eff. 60 days)

Cross References. Section 7304 is referred to in section

7309 of this title.

§ 7304.1. Reports and removal of abandoned vehicles within the

boundaries of a city of the first class or second

class.

(a) General rule.--Any and all vehicles reported abandoned

to the police department and/or the appropriate designated

municipal agency or department that handles the abandoned

vehicle and cargo process shall be investigated within five

business days to determine if the reported vehicle is abandoned

as defined in section 102 (relating to definitions). Upon the

completion of the investigation, any and all reported vehicles

that satisfy the requirements of the definition of "abandoned

vehicle" shall be officially declared abandoned and removed

within ten business days by the police department or by an

authorized salvor pursuant to police or municipality directions.

Proper notification of the removal of the vehicle shall be sent

pursuant to section 7305 (relating to notice to owner and

lienholders of abandoned vehicles).

(b) Certain vehicles.--Any and all vehicles found to be

abandoned vehicles pursuant to subsection (a) and found to have

a vehicle registration and an inspection sticker, both of which

are expired for a period exceeding 90 days, shall be removed

immediately by the police department or by an authorized salvor

pursuant to police or municipality directions. Proper

notification of the removal of the vehicle shall be sent

pursuant to section 7305.

vehicles reported abandoned within the boundaries of a city of

the first class or a city of the second class.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; July 16, 2007,

P.L.106, No.33, eff. 60 days)

2007 Amendment. Act 33 amended the section heading and added

subsec. (c).

1998 Amendment. Act 151 added section 7304.1.

§ 7305. Notice to owner and lienholders of abandoned vehicles.

(a) General rule.--The department upon receipt of an

abandoned vehicle information report shall notify by certified

mail, return receipt requested, the last known registered owner

of the vehicle and all lienholders of record that the vehicle

is being held as abandoned.

(b) Contents of notice.--The notice shall:

(1) Describe the make, model, title number, vehicle

identification number and registration plate number of the

abandoned vehicle, if known.

(1.1) State the location of the police department that

processed the vehicle.

(2) State the location where the vehicle is being held.

(3) Inform the owner and any lienholders of their right

to reclaim the vehicle and its contents within 30 days after

the date the notice was mailed at the place where the vehicle

is being held by the salvor, upon payment of all towing,

storage charges, the fee authorized in section 7306 (relating

to payment of costs upon reclaiming vehicle) and penalties

under section 3712(d)(1) (relating to abandonment and

stripping of vehicles).

(4) State that the failure of the owner or lienholder

to reclaim the vehicle and its contents is deemed consent

by the owner to the destruction, sale or other disposition

of the abandoned vehicle and its contents and of all

lienholders to dissolution of their liens.

(5) Inform the owner and any lienholders of their right,

within 30 days of the mailing date of the notice, to request

from the appropriate police department a copy of the

abandoned vehicle information report and of their right to

a hearing conforming to the requirements of 2 Pa.C.S. Ch. 5

Subch. B (relating to practice and procedure of local

agencies). The hearing shall be before a civilian officer

or employee of the municipality in which the vehicle was

reported as abandoned. If as a result of the hearing it is

determined that the vehicle was not abandoned, the owner or

lienholder may retrieve the vehicle within 48 hours without

payment of any of the fees and penalties under paragraph

(3).

registered owner and of all lienholders cannot be determined

with reasonable certainty, the contents of the notice set forth

in subsection (b) shall be published one time in one newspaper

of general circulation in the area where the vehicle was

abandoned. The notice may contain multiple listings of abandoned

vehicles. Notice by publication locally shall be the

responsibility of the salvor. The notice shall have the same

effect as notice sent by certified mail.

(Apr. 16, 1992, P.L.169, No.31, eff. 60 days; Dec. 9, 2002,

P.L.1278, No.152, eff. 60 days)

Cross References. Section 7305 is referred to in section

7304.1 of this title.

§ 7306. Payment of costs upon reclaiming vehicle.

In the event the owner or lienholder of an abandoned vehicle

reclaims the vehicle, the reclaiming party shall pay the costs

for towing and storage from the date the salvor submitted the

abandoned vehicle report to the department, plus a fee of $50

of which $25 shall be transmitted to the department by the

salvor.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

Cross References. Section 7306 is referred to in sections

3352, 7305, 7308 of this title.

§ 7307. Authorization for disposal of unclaimed vehicles.

The department shall, after the expiration of 30 days from

the date of notice sent by certified mail to the registered

owner and all lienholders of record or 30 days after publication

of notice, where applicable, and upon receipt of a written

statement from the holder of the vehicle that the abandoned

vehicle has not been reclaimed by the owner or lienholder within

the 30-day period, authorize the disposal of the abandoned

vehicle in accordance with the provisions of this chapter.

§ 7308. Public sale of unclaimed vehicles with value.

(a) General rule.--If an abandoned vehicle having value has

not been reclaimed as provided in this chapter, the vehicle

shall be sold at a public auction.

(b) Title of purchaser.--The salvor shall give the purchaser

a sales receipt and shall apply to the department for an

abandoned branded title which shall be free and clear of all

previous liens and claims of ownership.

of the abandoned vehicle, the salvor shall be reimbursed for

the fee authorized in section 7306 (relating to payment of costs

upon reclaiming vehicle) and the costs of towing, storage from

the date the salvor submitted the abandoned vehicle report to

the department, notice and publication costs and the expenses

of auction. The remainder of the proceeds of a sale shall be

paid to the department and transmitted to the State Treasurer

for deposit in the Motor License Fund.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

§ 7309. Processing of nonrepairable or salvage vehicles.

(a) Application for certificate of salvage.--If an abandoned

vehicle is a salvage or nonrepairable vehicle as deemed by a

police officer and salvor, the salvor and the police officer

shall note that fact in the report to the department required

in section 7304 (relating to reports to department of possession

of abandoned vehicles) and shall apply for issuance of a

certificate of salvage or nonrepairable vehicle as provided for

in Subchapter D of Chapter 11 (relating to salvage vehicles,

theft vehicles, reconstructed vehicles and flood vehicles).

(b) Notice and issuance of certificate.--If the identity

of the last registered owner cannot be determined with

reasonable certainty and it is impossible to determine with

reasonable certainty the identity and addresses of any

lienholder, no notice shall be required. Under such

circumstances, the department shall upon receipt of the report

by the salvor pursuant to section 7304 issue a certificate of

salvage as provided in Subchapter D of Chapter 11.

of the department's receipt of evidence that a salvor has

removed an abandoned vehicle upon the request of a police

department, the department shall pay to the salvor from the

Motor License Fund the sum of $15 for the expenses incurred in

the removal and towing of the abandoned vehicle. No portion of

the $15 payment or any separate consideration shall be

reimbursed or paid to any government agency or municipality by

the salvor.

(d) Rights of owners and lienholders.--Issuance by the

department of a certificate of salvage, abandoned branded

certificate of title or nonrepairable vehicle certificate for

a vehicle processed under this section shall operate as a

divestiture of all right, title and interest in the vehicle of

the owner and all lienholders and any interest in the contents

in the vehicle which have not been claimed by the owner.

(e) Police officers and authorized personnel.--Police

officers, authorized personnel, their departments or any

government agency or municipality shall not assess or accept

payment, consideration of any kind or portions of fees outlined

in this chapter from any salvor or person for the processing

of abandoned vehicles.

(Apr. 16, 1992, P.L.169, No.31, eff. 60 days; Dec. 18, 1992,

P.L.1411, No.174, eff. 60 days; Dec. 9, 2002, P.L.1278, No.152,

eff. 60 days)

§ 7310. Removal of abandoned or presumed abandoned vehicles

from roadway.

(a) General rule.--Police officers may immediately remove

or direct removal of any vehicle abandoned or presumed to be

abandoned from any roadway, including the roadway's berm or

shoulder, to the nearest point off the roadway where the vehicle

will not interfere with or obstruct traffic.

(b) Storage of cargo.--(Deleted by amendment).

provisions of this section, no liability shall attach to the

police officer or, absent a showing of gross negligence, to any

person acting under the direction of the police officer for

damage to a presumed abandoned vehicle or damage to or loss of

any portion of the contents of the vehicle.

(d) Removal from Pennsylvania Turnpike

System.--Notwithstanding the other provisions of this section,

any vehicle on the Pennsylvania Turnpike System presumed to be

abandoned as defined in section 102 (relating to definitions)

shall immediately be removed by or at the direction of the

Pennsylvania State Police to the contract garage providing

service for that area. In all cases, the Pennsylvania State

Police shall remove or direct the removal of any such vehicle

within 24 hours of the time of the vehicle's presumption of

abandonment.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; Dec. 8, 2004,

P.L.1791, No.237, eff. 150 days)

§ 7311. Reports by garage keepers of abandoned vehicles.

The person in charge of any garage or repair shop in which

a vehicle of unknown ownership has been left for a period of

15 consecutive days or, in the case of repair or storage, 15

consecutive days following the completion of repairs or storage

agreement without being removed by the owner or any other person

duly authorized to remove the vehicle shall report to the

department within 24 hours of the expiration of the 15-day

period giving the make, vehicle identification number,

registration plate number and the name and address of the person

abandoning the vehicle if known. Upon receipt of the report the

department shall make a distinctive record of the report and

issue a private property abandoned vehicle information report

under section 7311.1 (relating to reports by private property

owners of abandoned vehicles) to the garage keeper to complete

and file with the police.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

§ 7311.1. Reports by private property owners of abandoned

vehicles.

(a) Removal of abandoned vehicles.--

(1) A person on whose private property is located a

vehicle which has remained on the property without the

consent of the property owner or his agent for more than 24

hours may authorize the removal or processing of the vehicle.

(2) Prior to removal or processing of the vehicle, that

person shall file a report, on a multipart form prescribed

by the department, with the local police department declaring

that an unauthorized vehicle has been left unattended and

on private property for at least 24 hours. One part of such

report shall be retained by that person, and the other part

shall be filed with the police department.

(3) The police department shall, within five business

days, process the vehicle as abandoned under this chapter

and attach a copy of the report to the abandoned vehicle

information report.

(b) Salvors.--

(1) An unauthorized vehicle that has been left

unattended and on private property includes a vehicle towed

to a salvor's property that has remained on the salvor's

property for a period of 20 days.

(2) After the 20-day period, the salvor may file a

report as provided under subsection (a). If the salvor elects

to file a report, the salvor shall retain and process the

vehicle for which the report has been filed.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; Nov. 4, 2016,

P.L.1277, No.165, eff. imd.)

Cross References. Section 7311.1 is referred to in section

7311 of this title.

§ 7311.2. Salvors to remove abandoned vehicles in good faith.

When requested to remove an abandoned vehicle, no salvor

shall relocate and subsequently abandon the vehicle. The salvor

shall move the vehicle to a facility for the purpose of storage

of abandoned vehicles or another place as directed by the police

or approved by the department.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

2002 Amendment. Act 152 added section 7311.2.

Cross References. Section 7311.2 is referred to in section

7312 of this title.

§ 7312. Penalty for violation of chapter.

(a) Fines and imprisonment.--Any person violating any of

the provisions of this chapter is guilty of a summary offense,

punishable:

(1) For a first offense, by a fine of $100.

(2) For a subsequent offense, by a fine of not less

than $200 nor more than $500 or imprisonment for not more

than 90 days, or both.

(a.1) Specific violation.--In addition to any other criminal

or civil penalties provided for in this title or in department

regulations, any salvor who violates section 7311.2 (relating

to salvors to remove abandoned vehicles in good faith) shall

be fined not less than $1,000 nor more than $10,000, one-half

to be paid to the department and the other one-half to be paid

to the municipality where the vehicle was abandoned.

(b) Suspension.--For violation of any of the provisions of

this chapter, the salvor shall be subject to suspension of the

privilege to receive abandoned vehicles under this chapter.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

SUBCHAPTER B

WATERCRAFT TRAILER FORFEITURE

Sec.

7321. Scope of subchapter and legislative intent.

7322. Definitions.

7323. Liens.

7324. Notification by watercraft trailer dealer.

7325. Responsibility of department.

7326. Publication.

7327. Redemption.

7328. Forfeiture.

7329. Rights acquired by good faith purchaser.

7330. Other remedies.

7331. Construction.

Enactment. Subchapter B was added July 7, 2006, P.L.365,

No.79, effective in 120 days.

Cross References. Subchapter B is referred to in section

5331 of Title 30 (Fish).

§ 7321. Scope of subchapter and legislative intent.

(a) General rule.--This subchapter covers forfeitures of

watercraft trailers left in the possession of watercraft trailer

dealers.

(b) Legislative intent.--It is the intent of the General

Assembly that this subchapter act in concert with 30 Pa.C.S.

Ch. 53 Subch. C (relating to boat and marine forfeiture).

(1) The provisions of this subchapter shall only apply

to a watercraft trailer with a resale value based upon

established industry standards equal to or less than the

maximum amount set forth in this subsection.

(2) The maximum amount for the year 2006 shall be

$1,000. Thereafter, the maximum amount shall be fixed

annually by the department based upon the maximum amount in

the prior year as adjusted to reflect the change in the

Consumer Price Index for All Urban Consumers (CPI-U) for the

United States for all items as published by the United States

Department of Labor, Bureau of Labor Statistics, for the

previous 12-month period. The maximum amount as adjusted

shall be rounded to the nearest multiple of $5.

(3) The department shall give notice of the new maximum

amount by publication in the Pennsylvania Bulletin in the

third publication in March of each year.

§ 7322. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

"Customer." A person who contracts for the services of a

watercraft trailer dealer concerning a boat, related equipment

or a watercraft trailer.

"Terminal date." Either of the following:

(1) In the case of any repair, remanufacture,

restoration, alteration, cleaning or storage, absent a

written agreement to the contrary, the term means the date

upon which a bill is mailed or otherwise provided to the

customer for a completed repair, remanufacture, restoration,

alteration, cleaning or storage for a boat, related equipment

or watercraft trailer.

(2) In the case of consignment or brokerage, the term

means the last date under the brokerage or consignment

contract or agreement.

"Watercraft trailer." A trailer designed or used to

transport watercraft.

"Watercraft trailer dealer." A person registered with the

department as a watercraft trailer dealer in accordance with

section 1337 (relating to use of "Miscellaneous Motor Vehicle

Business" registration plates).

Cross References. Section 7322 is referred to in section

5332 of Title 30 (Fish).

§ 7323. Liens.

A watercraft trailer dealer shall have a lien, dependent

upon possession, on a watercraft trailer for the balance due

the watercraft trailer dealer for any repair, remanufacture,

restoration, alteration, storage, cleaning, consignment or

brokerage of a boat, any related equipment or a watercraft

trailer. The watercraft trailer dealer may retain possession

of a watercraft trailer until the charges are paid.

§ 7324. Notification by watercraft trailer dealer.

(a) General rule.--If a customer does not claim possession

of a watercraft trailer within 30 days of the terminal date, a

watercraft trailer dealer may initiate the forfeiture procedure

by sending written notice on the same day by certified mail,

return receipt requested, to the department and the customer.

(b) Notice to the customer.--Notice to the customer shall

be mailed to the address designated in writing by the customer

or, if not so designated, to the last known address of the

customer. If a watercraft trailer dealer sends notice to the

customer pursuant to 30 Pa.C.S. § 5334 (relating to notice for

boats and related equipment), the watercraft trailer dealer may

send the notice required by this section in the same mailing.

shall be made on a form approved by the department.

(d) Content of notice.--The notice shall contain the

following:

(1) The name and address of the watercraft trailer

dealer.

(2) A description of the watercraft trailer, including

any registration plate number and vehicle identification

number.

(3) Notice that the watercraft trailer dealer intends

to terminate the rights, title and interest of the owner and

lienholder in the watercraft trailer by operation of law in

accordance with this subchapter.

(4) The amount which must be paid to the watercraft

trailer dealer to redeem the watercraft trailer as of the

date of the notice.

(5) The telephone number of the watercraft trailer

dealer.

Cross References. Section 7324 is referred to in sections

7325, 7327 of this title; sections 5334, 5335 of Title 30

(Fish).

§ 7325. Responsibility of department.

(a) General rule.--Upon receipt of the notice specified in

section 7324 (relating to notification by watercraft trailer

dealer), the department shall send by certified mail, return

receipt requested, a notice containing the information set forth

in section 7324(d)(1), (2) and (3) to the last known owner and

all lienholders of record.

(b) Watercraft trailers from other states.--If the

watercraft trailer displays a registration plate or other

identifying indicia evidencing that the watercraft trailer is

titled or registered in another state, the department shall use

databases to which it has access to ascertain the name and

address of the owner and lienholders of record.

shall notify the watercraft trailer dealer:

(1) upon mailing notice to the owner and lienholders;

(2) after conclusion of a reasonable investigation,

that the department has been unable to determine the name

and address of any lienholder or owner.

Cross References. Section 7325 is referred to in section

7326 of this title.

§ 7326. Publication.

(a) General rule.--At any time after the date the watercraft

trailer dealer receives notice from the department pursuant to

section 7325 (relating to responsibility of department), the

watercraft trailer dealer shall publish a notice, once a week

for two consecutive weeks, in a newspaper of general circulation

published in the county where the watercraft trailer dealer is

located, describing the watercraft trailer and any identifying

number.

(b) Contents of notice.--The notice shall include

information that all rights, title and interest in the

watercraft trailer shall be transferred to a watercraft trailer

dealer by operation of law unless the watercraft trailer is

redeemed within 30 days of the date of the second publication.

This notice may be combined with a publication of notice

pursuant to 30 Pa.C.S. § 5337 (relating to publication for boats

and related equipment).

Cross References. Section 7326 is referred to in sections

7327, 7328 of this title; sections 5337, 5338 of Title 30

(Fish).

§ 7327. Redemption.

(a) Notice.--Upon request of the customer, any lienholder

or the owner of a watercraft trailer, the watercraft trailer

dealer shall provide the amount necessary under subsection (b),

at the time of the request, to redeem the watercraft trailer.

(b) Charges and expenses.--Prior to the forfeiture of a

watercraft trailer under this subchapter, the customer, any

lienholder or the owner of the watercraft trailer may pay the

amount necessary to satisfy:

(1) All charges due the watercraft trailer dealer for

the repair, remanufacture, restoration, alteration, storage,

cleaning, consignment or brokerage of the watercraft trailer.

(2) Reasonable expenses associated with the mailing of

notices under section 7324 (relating to notification by

watercraft trailer dealer) and the publication of notice

under section 7326 (relating to publication).

expenses under subsection (b), the watercraft trailer dealer

shall return the watercraft trailer to the customer, lienholder

or owner and shall thereafter have no liability to any person

with respect to the watercraft trailer dealer.

§ 7328. Forfeiture.

A watercraft trailer that is not redeemed within 30 days of

the second publication under section 7326 (relating to

publication) is deemed forfeited to the watercraft trailer

dealer, and any prior right, title or interest in the watercraft

trailer is terminated. The watercraft trailer dealer shall make

application for a certificate of title to the department.

§ 7329. Rights acquired by good faith purchaser.

A purchaser in good faith of a watercraft trailer sold by a

watercraft trailer dealer after forfeiture under this subchapter

takes the watercraft trailer free of all liens and encumbrances

despite noncompliance by the watercraft trailer dealer with the

requirements of this subchapter.

§ 7330. Other remedies.

The provisions of this subchapter are in addition to any and

all other remedies available to a watercraft trailer dealer.

This subchapter shall not foreclose any other remedies available

to a watercraft trailer dealer at law or in equity.

§ 7331. Construction.

Nothing in this subchapter shall be construed to authorize

a watercraft trailer dealer to transfer any right, title or

interest in a watercraft trailer in violation of section 307

of the Servicemembers Civil Relief Act (Public Law 108-89, 50

App. U.S.C. § 537) or 51 Pa.C.S. § 4105 (relating to exemption

from civil process).

CHAPTER 75

MESSENGER SERVICE

Sec.

7501. Authorization of messenger and agent services.

7502. Certificate of authorization (Deleted by amendment).

7502.1. Supersession.

7503. Suspension of authorization (Deleted by amendment).

7503.1. Bond required.

7504. Place of business (Deleted by amendment).

7504.1. Agent duties and responsibilities.

7505. Transaction of business with department.

7506. Violations and penalties.

7507. Certified checks may be required.

7508. Nonperformance.

7509. Messenger and Agent Advisory Committee.

Enactment. Chapter 75 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977.

Cross References. Chapter 75 is referred to in section 1959

of this title.

§ 7501. Authorization of messenger and agent services.

(a) General rule.--The department shall enter into contracts

for messenger and agent services.

(b) Unauthorized operation prohibited.--No person shall

operate a messenger or agent service without a valid contract.

service without a valid contract is guilty of a summary offense

and shall, upon conviction, be sentenced to pay a fine of $500.

(Dec. 9, 2002, P.L.1278, No.152)

2002 Amendment. Act 152 amended the entire section,

effective in six months as to subsec. (a) and two years as to

the remainder of the section.

§ 7502. Certificate of authorization (Deleted by amendment).

2002 Amendment. Section 7502 was deleted by amendment

December 9, 2002, P.L.1278, No.152, effective in six months.

§ 7502.1. Supersession.

(a) Regulations.--Regulations pertaining to messengers and

agents regarding the amount of a bond, hearings, written

warnings, suspensions, revocations or fines shall not apply to

messengers and agents who enter into contracts with the

department to provide messenger or agent services.

(b) Previous authorization.--Any certificate of

authorization previously issued to a person to provide messenger

or agent services shall be invalid 30 days after the effective

date of this section.

employee of the Commonwealth shall be eligible to enter into a

contract with the department to own or operate a messenger or

agent service nor shall a messenger or agent service employ an

official or employee of the Commonwealth. Nothing in this

subsection prohibits the department from entering into an

agreement with another government agency to allow the agency

to provide agent services for its own use.

(Dec. 9, 2002, P.L.1278, No.152)

2002 Amendment. Act 152 added section 7502.1, effective in

six months as to subsecs. (a) and (c) and two years as to

subsec. (b).

§ 7503. Suspension of authorization (Deleted by amendment).

2002 Amendment. Section 7503 was deleted by amendment

December 9, 2002, P.L.1278, No.152, effective in two years.

§ 7503.1. Bond required.

Before entering into a contract with any person to act as a

messenger or agent service, the department shall require a

person to furnish and maintain a bond indemnifying the public

and the department in an amount specified by the department.

(Dec. 9, 2002, P.L.1278, No.152, eff. 6 months)

2002 Amendment. Act 152 added section 7503.1.

§ 7504. Place of business (Deleted by amendment).

2002 Amendment. Section 7504 was deleted by amendment

December 9, 2002, P.L.1278, No.152, effective in two years.

§ 7504.1. Agent duties and responsibilities.

(a) General rule.--An agent shall faithfully abide by and

comply with all laws pertaining to the issuance of temporary

registration plates and cards.

(b) Return or surrender of temporary registration cards and

plates.--

(1) An agent who discontinues the business shall, within

five days of discontinuance, return to the department all

temporary registration cards and plates in the agent's

possession. The department shall make appropriate refunds

under paragraph (3).

(2) An agent whose contract has been terminated shall

surrender all registration cards and plates in the agent's

possession as directed by the department or its designee.

(3) The fee paid by an agent for a temporary

registration plate shall be refunded to the agent upon the

return of the plate if the plate is accompanied by the

appropriate form provided by the department except when the

contract to operate as an agent is terminated. The department

shall deduct $25 from the refund to cover processing of the

request for refund.

employees and designees of the department may seize temporary

registration plates and related documents from a messenger or

agent who does not have a contract with the department to

provide agent services.

(d) Display of sign and certificate.--Every messenger or

agent service shall display on the outside of each place of

business an identifying sign conforming to regulations of the

department and shall prominently display within each place of

business its certificate of authorization. No person other than

an authorized messenger or agent service shall display a similar

identifying sign or certificate.

(Dec. 9, 2002, P.L.1278, No.152, eff. 6 months)

2002 Amendment. Act 152 added section 7504.1.

§ 7505. Transaction of business with department.

The department may designate those locations, facilities and

hours of operation at which messenger or agent services may

transact business with the department. Every messenger or agent

service with whom a contract has been signed pursuant to this

chapter shall be permitted to transact business with the

department at the locations and facilities and during the hours

of operation designated by the department. The department may

prescribe such regulations as may be necessary for the

administration of this chapter.

(Dec. 9, 2002, P.L.1278, No.152, eff. 2 years)

§ 7506. Violations and penalties.

A person violating any provision of this chapter or the rules

and regulations promulgated thereunder for which a specific

penalty is not provided is guilty of a summary offense and

shall, upon conviction, be sentenced to pay a fine of $100.

(Dec. 9, 2002, P.L.1278, No.152, eff. 6 months)

§ 7507. Certified checks may be required.

The department may, in its discretion, require certified

checks, postal or other money orders or cash from a messenger

or agent service after a default in the payment of checks or

drafts of the messenger or agent service.

(Dec. 9, 2002, P.L.1278, No.152, eff. imd.)

2002 Amendment. Act 152 added section 7507.

§ 7508. Nonperformance.

(a) Nonperformance factors.--It shall not be a breach of

contract by a messenger or agent service if the department

determines that the failure to timely submit an application,

taxes or fees was the result of:

(1) an act of God;

(2) criminal or fraudulent action by an employee of the

messenger or agent service which was unknown and could not

have been prevented by the messenger or agent service unless

the department determines that the messenger or agent

service, or an employee of the messenger or agent service,

altered the date of the purchase of a vehicle upon an

application;

(3) a failure by a lienholder to forward a title as

required by section 1135 (a)(1) (relating to satisfaction

of security interest) provided the lienholder received prompt

satisfaction; or

(4) criminal, fraudulent or negligent action by a

messenger service of the department if the agent and

messenger service are not controlled by the same person and

the agent submitted the application, taxes or fees to the

messenger service within 15 days of receipt by the agent

service.

(b) Burden of proof.--A messenger or agent service has the

burden to prove the existence of subsection (a)(1), (2), (3)

or (4). The messenger or agent service shall also prove that

its submission was in accordance with business practices

requiring prompt submission of applications, taxes or fees to

the department.

(Dec. 9, 2002, P.L.1278, No.152, eff. 6 months)

2002 Amendment. Act 152 added section 7508.

§ 7509. Messenger and Agent Advisory Committee.

(a) Purpose.--The Messenger and Agent Advisory Committee,

consisting of 13 members, shall be created by the department

to develop contract language and propose regulations governing

messenger and agent services.

(b) Membership.--The advisory committee shall consist of

the following members:

(1) One member appointed by the Governor from names

submitted by each of the following organizations to represent

the messenger and agent services industries and the needs

of the motoring public:

(i) The Pennsylvania AAA Federation.

(ii) The Pennsylvania Automotive Association.

(iii) The Pennsylvania Association of Notaries.

(iv) The Pennsylvania Independent Auto Dealers

Association.

(v) The Pennsylvania Association of Auto License

Brokers.

(2) Two members from the general public appointed by

the Governor.

(3) The Secretary of Transportation or the secretary's

designee.

(4) The Commissioner of the Pennsylvania State Police

or the commissioner's designee.

(5) The chairman and minority chairman of the

Transportation Committee of the Senate and the chairman and

minority chairman of the Transportation Committee of the

House of Representatives.

to time as necessary to resolve issues pertaining to development

of contract language and proposal of regulations. The first

meeting shall take place within 60 days of the effective date

of this section.

(d) Termination.--The advisory committee shall terminate

upon the department's issuance of proposed regulations governing

messenger and agent services.

(Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

2002 Amendment. Act 152 added section 7509.

CHAPTER 77

SNOWMOBILES AND ALL-TERRAIN VEHICLES

Subchapter

A. General Provisions

B. Certificates of Title, Registration and Permits

C. Operation

D. Equipment

E. Miscellaneous Provisions

Enactment. Chapter 77 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977.

Chapter Heading. The heading of Chapter 77 was amended July

11, 1985, P.L.220, No.56, effective in 60 days.

Transfer of Powers. Section 308(c) of Act 18 of 1995, which

created the Department of Conservation and Natural Resources

and renamed the Department of Environmental Resources as the

Department of Environmental Protection, provided that the

Department of Conservation and Natural Resources shall exercise

the powers and duties vested in the Department of Environmental

Resources by Chapter 77.

Regulations. Section 12 of Act 68 of 2001 provided that the

Department of Conservation and Natural Resources shall

promulgate regulations necessary to enforce the amendment of

Chapter 77.

Special Provisions in Appendix. See section 3 of Act 97 of

2016 in the appendix to this title for special provisions

relating to use of accounts.

Cross References. Chapter 77 is referred to in section 1302

of this title; sections 3571, 3573 of Title 42 (Judiciary and

Judicial Procedure).

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

7701. Short title of chapter.

7702. Definitions.

7703. Applicability of chapter.

7704. Rules and regulations.

7705. Records and reports.

7706. Restricted accounts.

§ 7701. Short title of chapter.

This chapter shall be known and may be cited as the

Snowmobile and All-Terrain Vehicle Law.

(July 11, 1985, P.L.220, No.56, eff. 60 days)

§ 7702. Definitions.

The following words and phrases when used in this chapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

"All-terrain vehicle" or "ATV." A motorized off-highway

vehicle which travels on three or more tires and which has:

(1) a maximum width of 50 inches and a maximum dry

weight of 1,200 pounds; or

(2) a width which exceeds 50 inches or a dry weight

which exceeds 1,200 pounds.

An ATV described in paragraph (1) may be referred to as a Class

I ATV, and an ATV described in paragraph (2) may be referred

to as a Class II ATV. This term does not include snowmobiles,

trail bikes, motorboats, golf carts, aircraft, dune buggies,

automobiles, construction machines, trucks or home utility

machines; military, fire, emergency and law enforcement

vehicles; implements of husbandry; multipurpose agricultural

vehicles; vehicles used by the department; or any vehicle that

is or is required to be registered under Chapter 13 (relating

to registration of vehicles). In addition, this term does not

include off-road motor vehicles used exclusively as utility

vehicles for agricultural or business operations and

incidentally operated or moved upon the highway.

"Cowling." (Deleted by amendment).

"Dealer." A person engaged in the business of selling

snowmobiles or all-terrain vehicles at wholesale or retail who

is registered or required to be registered under section 7711

(relating to registration of dealers).

"Department." The Department of Conservation and Natural

Resources of the Commonwealth.

"Head lamp." A major lighting device used to provide general

illumination ahead of a vehicle.

"Highway." The entire width between the boundary lines of

every way publicly maintained when any part thereof is open to

the use of the public for purposes of vehicular travel.

"Low-pressure tire." (Deleted by amendment).

"Snowmobile." An engine-driven vehicle which is all of the

following:

(1) Is designed to travel over snow or ice.

(2) Has an endless belt track or tracks.

(3) Is steered by a ski or skis.

(4) Has an overall width of 48 inches or less.

The term does not include a farm tractor, construction

equipment, military vehicle, vehicle with inflatable tires or

machinery used strictly for the grooming of snowmobile trails.

The term includes vintage snowmobiles.

"Street." A highway, other than an alley, within the

corporate limits of a political subdivision.

"Tail lamp." A device to designate the rear of a vehicle

by a warning light.

"Vintage snowmobile." A snowmobile that is at least 25 years

old and is not operated in this Commonwealth except at vintage

snowmobile events.

"Vintage snowmobile event." An organized ride or rally for

owners and operators of vintage snowmobiles, for which a permit

has been issued under section 7718(a) (relating to vintage

snowmobile permits) and carried and exhibited in compliance

with section 7718(b) and which meets all of the following

conditions:

(1) It is open to the public and publicized as such.

(2) It takes place on a specified date or dates and

within a specified start and end time.

(3) It takes place on a designated trail with a

specified beginning and end point.

(July 11, 1985, P.L.220, No.56, eff. 60 days; June 25, 2001,

P.L.701, No.68, eff. imd.; Nov. 26, 2008, P.L.1658, No.133,

eff. 60 days; July 5, 2012, P.L.1000, No.113, eff. 120 days;

July 2, 2014, P.L.999, No.111, eff. 60 days; July 11, 2022,

P.L.1596, No.92, eff. 60 days)

2022 Amendment. Act 92 amended the def. of "all-terrain

vehicle" or "ATV."

2012 Amendment. Act 113 amended the def. of "snowmobile"

and added the defs. of "vintage snowmobile" and "vintage

snowmobile event."

Cross References. Section 7702 is referred to in section

3722 of this title.

§ 7703. Applicability of chapter.

This chapter does not apply to law enforcement officers while

engaged in the performance of their official duties.

§ 7704. Rules and regulations.

The department may promulgate such rules and regulations as

may be necessary to carry out the provisions of this chapter.

§ 7705. Records and reports.

The provisions of Subchapter B of Chapter 63 (relating to

records of traffic cases) relating to records and reports shall

be applicable to proceedings under this chapter.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

1978 Amendment. Act 53 repealed former section 7705 relating

to disposition of fines and penalties and added present section

7705.

§ 7706. Restricted accounts.

(a) Deposit and use of moneys.--

(1) The ATV Management Restricted Account and the

Snowmobile Management Restricted Account are established in

the State Treasury. The department shall deposit the

following into the appropriate restricted account:

(i) all moneys received from the registration of

and issuance of certificates of title for snowmobiles

and ATV's and from the issuance of vintage snowmobile

permits;

(ii) all revenue from the sale of any publications

or services relating to snowmobiles and ATV's;

(iii) all fines, penalties, fees and costs assessed

and collected as a result of enforcement activities

conducted by the department's law enforcement personnel

under this chapter related to violations attributed to

ATV's shall be deposited in the ATV Management Restricted

Account;

(iv) all fines, penalties, fees and costs assessed

and collected as a result of enforcement activities

conducted by the department's law enforcement personnel

under this chapter related to violations attributed to

snowmobiles shall be deposited in the Snowmobile

Management Restricted Account; and

(v) all refunds of gas taxes generated under section

9017(d.1) (relating to refunds) shall be deposited in

the two restricted accounts on a proportional basis of

the activity that generated those taxes.

(2) The department shall draw moneys from the respective

restricted accounts for use in performing any activities

necessary to carry out the purposes of this chapter,

including registration and certificate of title activities,

training, education, enforcement activities, construction

and maintenance of snowmobile and ATV trails and acquisition

of equipment, supplies and interests in land. All moneys

deposited in these accounts shall remain in them to be used

as specified in this section. With the exception of trails

used by both snowmobiles and ATV's, under no circumstances

shall the department expend any moneys from the accounts

except for the activity that generated those accounts.

(3) The provisions of 42 Pa.C.S. § 3573(b)(2) (relating

to municipal corporation portion of fines, etc.)

notwithstanding, when prosecution under this chapter is the

result of local police action, all fines, penalties, fees

and costs assessed as a result of such prosecution shall be

payable to the municipal corporation under which the local

police are organized.

(b) Grant-in-aid.--The department shall, upon written

application and subsequent approval, grant money from the

restricted accounts:

(1) To municipalities, profit and nonprofit

organizations in connection with snowmobile and ATV use on

lands not owned by the Commonwealth for the following:

(i) Plans, specifications and engineering surveys.

(ii) Fees and costs related to the preparation or

performance of right-of-way lease agreements.

(iii) Land acquisition.

(iv) Construction, maintenance and rehabilitation

of trails and other facilities for snowmobiles and ATV's.

(2) To municipalities and profit and nonprofit

organizations for equipment, training and education

activities relating to snowmobile and ATV use.

(3) To profit and nonprofit organizations for the

maintenance, rehabilitation and construction of snowmobile

and ATV trails on land owned by the Commonwealth.

(b.1) Regulations.--No later than 60 days from the effective

date of this subsection, the department shall promulgate

regulations necessary to implement the provisions of subsection

(b). The department shall promulgate the regulations in a manner

that is separate from regulations pertaining to any other grant

program administered by the department. The department's

regulations shall include a semiannual approval grant process.

audited every two years. Copies of the audit shall be provided

to the Snowmobile and ATV Advisory Committee, the Appropriations

Committee of the Senate and the Appropriations Committee of the

House of Representatives. Copies shall also be posted and

maintained on the department's publicly accessible Internet

website.

(d) Annual report.--An annual report on income and

expenditures from the restricted accounts shall be posted and

maintained on the department's publicly accessible Internet

website and provided to the Appropriations Committee of the

Senate and the Appropriations Committee of the House of

Representatives.

(e) Definition.--For purposes of this section, "all-terrain

vehicle" or "ATV" shall also include any self-propelled vehicle

which is manufactured for sale or operation primarily on

off-highway trails or off-highway competition and only

incidentally operated on public highways. This term shall not

include a snowmobile or other self-propelled vehicles

manufactured for off-highway use exclusively designed for travel

on snow or ice, steered by skis or runners and supported in

whole or in part by one or more skis, belts or cleats which

utilize an endless belt tread.

(June 29, 1979, P.L.56, No.24, eff. July 1, 1979; July 11, 1985,

P.L.220, No.56, eff. 60 days; Dec. 12, 1986, P.L.1562, No.170,

eff. 60 days; July 10, 1990, P.L.356, No.83, eff. 60 days; Aug.

5, 1991, P.L.238, No.26, eff. imd.; June 25, 2001, P.L.701,

No.68, eff. 120 days; July 5, 2012, P.L.1000, No.113, eff. 120

days; July 20, 2016, P.L.837, No.97, eff. 60 days)

2016 Amendment. See section 3 of Act 97 of 2016 in the

appendix to this title for special provisions relating to use

of accounts.

Cross References. Section 7706 is referred to in section

9017 of this title.

SUBCHAPTER B

CERTIFICATES OF TITLE, REGISTRATION AND PERMITS

Sec.

7711. Registration of dealers.

7711.1. Registration of snowmobile or ATV.

7711.2. Limited registration of snowmobile or ATV.

7712. Registration of snowmobiles and registration and issuance

of certificates of title for ATV's (Repealed).

7712.1. Certificate of title for snowmobile or ATV.

7712.2. Transfer to or from dealer.

7712.3. Transfer of snowmobile or ATV by operation of law.

7712.4. Correction of certificate of title.

7712.5. Issuance of new certificate following transfer.

7712.6. Suspension and cancellation of certificate of title.

7712.7. Application for certificate of title by agent.

7712.8. Perfection of security interest in a snowmobile or ATV.

7712.9. Satisfaction of security interest.

7712.10. Release of security interest.

7712.11. Effectiveness of security interests.

7712.12. Assignment by secured party of security interest.

7712.13. Exemptions.

7713. Certificates of registration and decals (Repealed).

7714. Exemptions from registration (Repealed).

7715. Reciprocity (Repealed).

7715.1. Snowmobile or ATV purchased from dealer.

7715.2. Fees.

7716. Records.

7717. Snowmobile and ATV Advisory Committee.

7718. Vintage snowmobile permits.

Subchapter Heading. The heading of Subchapter B was amended

July 5, 2012, P.L.1000, No.113, effective in 120 days.

§ 7711. Registration of dealers.

(a) General rule.--A person who is in the business of

selling snowmobiles or ATV's in this Commonwealth shall register

with the department as a dealer. A person who is in the business

of selling snowmobiles or ATV's outside this Commonwealth may

(b) Issuance.--Upon receipt of an application upon a form

prescribed and furnished by the department which shall contain

information reasonably required by the department and which

shall be accompanied by the required fee, the department shall

issue to a dealer:

(1) An annual dealer registration certificate containing

a dealer registration number and expiration date.

(2) Three annual dealer registration plates displaying

the expiration date of the dealer registration.

(3) Three annual dealer plate registration cards

displaying the expiration date of the dealer registration.

certificate, dealer registration plate and dealer plate

registration card are not transferable.

(d) Expiration of registration.--A dealer registration

certificate, dealer registration plate and dealer plate

registration card expire effective the day after the expiration

date displayed on them. A dealer registration certificate,

dealer registration plate or dealer plate registration card

that has expired is not valid.

(e) Use of dealer registration plates.--A dealer may operate

or permit to be operated within this Commonwealth a snowmobile

or ATV owned by or in the possession of the dealer if:

(1) A valid dealer registration certificate issued to

the dealer under this section is displayed conspicuously in

the dealer's place of business.

(2) The operator carries a valid dealer registration

card issued to the dealer under this section.

(3) There is displayed on the snowmobile or ATV in a

manner prescribed by the department a valid dealer

registration plate issued to the dealer under this section.

(4) The snowmobile or ATV is operated only for the

purpose of demonstration or testing in connection with the

dealer's business.

(July 11, 1985, P.L.220, No.56, eff. 60 days; June 25, 2001,

P.L.701, No.68, eff. 120 days)

Cross References. Section 7711 is referred to in sections

7702, 7711.1, 7712.2, 7715.1 of this title.

§ 7711.1. Registration of snowmobile or ATV.

(a) General rule.--Except as otherwise provided in

subsection (f), it is unlawful for a person to operate or for

an owner to permit another person to operate a snowmobile or

an ATV unless:

(1) There is carried on the snowmobile or ATV a valid

registration certificate issued therefor pursuant to

subsection (b).

(2) There is displayed on the snowmobile a registration

decal, or on the ATV a registration plate, issued therefor

pursuant to subsection (b).

(3) The display of the registration decal or plate is

in the manner prescribed by the department.

(4) There is displayed on the snowmobile or ATV a valid

expiration sticker issued therefor pursuant to subsection

(b).

(5) The display of the expiration sticker is in the

manner prescribed by the department.

(b) Issuance.--Upon receipt of an application therefor upon

a form prescribed and furnished by the department which shall

contain information reasonably required by the department and

which shall be accompanied by the required fee, the department

shall issue to the owner of a snowmobile or ATV:

(1) A biennial registration certificate containing the

registration number for the snowmobile or ATV and the

expiration date of the registration.

(2) A registration decal displaying the registration

number for a snowmobile or a registration plate displaying

the registration number for an ATV.

(3) A biennial expiration sticker displaying the

expiration date of the registration.

period not to exceed 45 days may be issued by a dealer as

prescribed by the department. Proof of temporary registration

shall be carried and displayed as prescribed by the department.

(d) Expiration of registration.--

(1) Except as provided in paragraph (2), a registration

certificate and an expiration sticker shall expire effective

the day after the expiration date appearing on the

registration certificate and expiration sticker.

(2) Upon transfer of ownership of a snowmobile or ATV

during a registration period, the registration certificate

and expiration sticker shall expire. The transferor shall,

within 15 days from the date of transfer, return to the

department the registration certificate with the date of

transfer and the name and address of the new owner endorsed

on the back. If the transferor applies for registration of

a different snowmobile or ATV and pays the required transfer

fee, the transferor may be issued in the name of the

transferor a registration certificate and expiration sticker

for that snowmobile or ATV for the remainder of the

registration period without payment of a registration fee.

The registration decal or plate shall not be removed from a

snowmobile or ATV upon transfer to the new owner and is

invalid until the new owner is issued a registration

certificate or limited registration certificate for the

snowmobile or ATV.

(3) An expired general registration certificate and an

expired expiration sticker are invalid.

(e) Suspension or revocation.--If a person violates this

chapter or is convicted of any offense under this chapter, the

department may suspend or revoke a registration certificate and

an expiration sticker. A suspended or revoked registration

certificate or expiration sticker is invalid.

(f) Exemptions from registration.--Subsection (a) does not

apply if:

(1) The snowmobile or ATV is owned by or in the

possession of a dealer who has been issued a dealer

registration certificate, dealer registration plates and

dealer plate registration cards under section 7711 (relating

to registration of dealers), the dealer is in compliance

with section 7711 and the snowmobile or ATV is used in

accordance with section 7711.

(2) The snowmobile or ATV is owned and used by the

United States or another state or a political subdivision

thereof, in which case the snowmobile or ATV shall display

the name of the owner in a manner prescribed by the

department.

(3) The snowmobile or ATV is operated on land owned or

leased by the owner or operator of the snowmobile or ATV and

it is not operated elsewhere within this Commonwealth.

(4) The owner of the snowmobile or ATV is not a resident

of this Commonwealth and the operator presents proof that

the snowmobile or ATV has been properly registered in another

jurisdiction that exempts from its registration requirements

persons who have obtained proper registration under this

chapter.

(5) The snowmobile is a vintage snowmobile.

(June 25, 2001, P.L.701, No.68, eff. 120 days; July 5, 2012,

P.L.1000, No.113, eff. 120 days)

2012 Amendment. Act 113 added subsec. (f)(5).

2001 Amendment. Act 68 added section 7711.1.

Cross References. Section 7711.1 is referred to in sections

7711.2, 7715.2, 7752 of this title.

§ 7711.2. Limited registration of snowmobile or ATV.

(a) General rule.--It is unlawful for a person to operate

or for an owner to permit another person to operate a snowmobile

or ATV identified in section 7711.1(f)(3) (relating to

registration of snowmobile or ATV) unless:

(1) A limited registration certificate has been issued

therefor pursuant to subsection (b).

(2) There is displayed on the snowmobile a valid

registration decal or on the ATV a valid registration plate

issued pursuant to subsection (b).

(3) The display of the registration decal or plate is

in the manner prescribed by the department.

(b) Issuance.--Upon receipt of an application therefor upon

a form prescribed and furnished by the department which shall

contain information reasonably required by the department, the

department shall issue to the owner of a snowmobile or ATV for

which limited registration is required under subsection (a):

(1) A limited registration certificate containing the

registration number for the snowmobile or ATV.

(2) A registration decal displaying the registration

number for a snowmobile or a registration plate displaying

the registration number for an ATV.

registration for a period not to exceed 45 days may be issued

by a dealer as prescribed by the department. Proof of temporary

limited registration shall be displayed as prescribed by the

department.

(d) Transfer of ownership.--Upon transfer of ownership of

a snowmobile or ATV for which a limited registration certificate

has been issued, the limited registration certificate shall

become invalid. The transferor shall, within 15 days from the

date of transfer, return to the department the limited

registration certificate with the date of transfer and the name

and address of the new owner endorsed on the back. The

registration decal or plate shall not be removed from the

snowmobile or ATV upon transfer to the new owner and is invalid

until the new owner obtains a registration certificate or

limited registration certificate for the snowmobile or ATV.

(e) Suspension or revocation.--If a person violates this

chapter or is convicted of any offense under this chapter, the

department may suspend or revoke a limited registration

certificate. A suspended or revoked limited registration

certificate is invalid.

(June 25, 2001, P.L.701, No.68, eff. 120 days)

2001 Amendment. Act 68 added section 7711.2.

Cross References. Section 7711.2 is referred to in section

7752 of this title.

§ 7712. Registration of snowmobiles and registration and

issuance of certificates of title for ATV's

(Repealed).

2001 Repeal. Section 7712 was repealed June 25, 2001,

P.L.701, No.68, effective in 120 days.

§ 7712.1. Certificate of title for snowmobile or ATV.

(a) General rule.--Except as otherwise provided in

subsection (b), an owner of a snowmobile or ATV which is in

this Commonwealth and for which no certificate of title has

been issued shall apply to the department for a certificate of

title.

(b) Exemptions from titling.--No certificate of title is

required for:

(1) A snowmobile or ATV that was registered prior to

the effective date of this section.

(2) A snowmobile or ATV owned by the United States

unless a general registration certificate has been issued

therefor.

(3) A new snowmobile or ATV owned by a dealer before

and until sale.

(4) A snowmobile or ATV owned by a nonresident of this

Commonwealth and not required by law to be registered in

this Commonwealth.

(5) A snowmobile or ATV owned by a resident of this

Commonwealth and required by law to be registered in another

state, based and used principally outside of this

Commonwealth and not required by law to be registered in

this Commonwealth.

of title shall be made upon a form prescribed and furnished by

the department and shall contain a full description of the

snowmobile or ATV, date of purchase, the name and address of

the owner, a statement of the title of applicant, together with

any other information or documents the department requires to

identify the snowmobile or ATV and to enable the department to

determine whether the owner is entitled to a certificate of

title.

(d) Signing and filing of application.--Application for a

certificate of title shall be made within 15 days of the sale

or transfer of a snowmobile or ATV or its entry into this

Commonwealth from another jurisdiction, whichever is later. The

application shall be accompanied by the required fee and any

tax payable by the applicant under the laws of this Commonwealth

in connection with the acquisition or use of a snowmobile or

ATV or evidence to show that the tax has been paid or collected.

The application shall be signed and verified by oath or

affirmation by the applicant if a natural person; in the case

of an association or partnership, by a member or a partner; and

in the case of a corporation, by an executive officer or person

specifically authorized by the corporation to sign the

application.

(e) ATV's purchased from dealers or manufacturers.--(Deleted

by amendment).

(f) ATV's not requiring certificate of title.--(Deleted by

amendment).

(g) Registration without certificate of title

prohibited.--Except as provided in subsection (b), the

department shall not issue a registration certificate or limited

registration certificate for a snowmobile or ATV or a vintage

snowmobile permit for a vintage snowmobile unless a certificate

of title has been issued by the department to the owner or an

application for a certificate of title has been delivered by

the owner to the department.

(h) Refusing issuance of certificate of title.--The

department may refuse issuance of a certificate of title if it

has reasonable grounds to believe any one of the following:

(1) A required fee has not been paid.

(2) Any taxes payable under the laws of this

Commonwealth on or in connection with, or resulting from the

acquisition or use of, the snowmobile or ATV have not been

paid.

(3) The applicant is not the owner of the snowmobile

or ATV.

(4) The application contains a false or fraudulent

statement.

(5) The applicant has failed to furnish required

information or documents or any additional information the

department reasonably requires.

(i) Suspension and cancellation of certificate of

title.--(Deleted by amendment).

(j) Transfer of ownership of snowmobile or ATV.--

(1) Upon the sale or transfer of ownership of a

snowmobile or ATV within this Commonwealth, the owner shall

execute an assignment and warranty of title to the transferee

in the space provided on the certificate of title or as the

department prescribes, sworn to before a notary public or

other officer empowered to administer oaths, and deliver the

certificate to the transferee at the time of the delivery

of the snowmobile or ATV.

(2) Except as otherwise provided in section 7715.1

(relating to snowmobile or ATV purchased from dealer), the

transferee shall, within 15 days of the assignment of the

certificate of title, apply for a new title by forwarding

to the department the certificate of title executed as

required by paragraph (1), a properly completed application

for certificate of title, sworn to before a notary public

or other officer empowered to administer oaths, and such

other forms as the department may require.

(k) Penalty.--A person who violates subsection (a) commits

a summary offense and shall, upon conviction, be sentenced:

(1) For a first offense, to pay a fine of $100 and costs

of prosecution.

(2) For a subsequent offense, to pay a fine of not less

than $300 nor more than $1,000 and costs of prosecution.

(Dec. 12, 1986, P.L.1562, No.170, eff. 60 days; June 25, 2001,

P.L.701, No.68, eff. 120 days; July 5, 2012, P.L.1000, No.113,

eff. 120 days)

2012 Amendment . Act 113 amended subsec. (g).

Cross References. Section 7712.1 is referred to in section

7712.2 of this title.

§ 7712.2. Transfer to or from dealer.

(a) Transfer to dealer.--If a dealer acquires a snowmobile

or ATV for the purpose of resale, a certificate of title need

not be applied for as provided for in section 7712.1 (relating

to certificate of title for snowmobile or ATV), but the dealer

shall, within seven days from the date of acquisition, forward

to the department, upon a form prescribed and furnished by the

department, notification of the acquisition of the snowmobile

or ATV.

(b) Execution and display of notice of transfer.--A dealer

making notification pursuant to subsection (a) shall execute

at least three copies of the notification, the original of which

shall be forwarded to the department, one copy to accompany the

snowmobile or ATV in any subsequent transfer and one copy to

be retained by the dealer for at least one year after a

subsequent transfer, to be exhibited, with the assigned

certificate of title, upon request of a police officer or

authorized department employee.

subsection (a), if a dealer transfers the dealer's interest in

a snowmobile or ATV:

(1) The dealer shall execute an assignment and warranty

of title to the transferee in the space provided on the

certificate of title or as the department prescribes.

(2) The transferee shall complete the application for

certificate of title in the name of the transferee, sworn

to before a notary public or other officer empowered to

administer oaths.

(3) The dealer shall forward to the department the

certificate of title executed as required by paragraph (1),

a properly completed application for certificate of title

and such other forms as the department may require within

15 days of the transfer.

(d) Exception for repossessed snowmobiles or ATV's.--This

section does not apply to a snowmobile or ATV repossessed upon

default of performance of a lease, contract of conditional sale

or similar agreement.

(e) Penalty and suspension or revocation of dealer

registration.--A dealer who violates this section commits a

summary offense and shall, upon conviction, be sentenced to pay

a fine of $50. If a dealer violates this section, the department

may suspend or revoke the registration issued under section

7711 (relating to registration of dealers).

(Dec. 12, 1986, P.L.1562, No.170, eff. 60 days; June 25, 2001,

P.L.701, No.68, eff. 120 days)

§ 7712.3. Transfer of snowmobile or ATV by operation of law.

(a) General rule.--If the interest of an owner in a

snowmobile or ATV passes to another other than by voluntary

transfer, the transferee shall, except as otherwise provided,

promptly mail or deliver to the department the last certificate

of title, if available, and shall apply for a new certificate

of title on a form prescribed and furnished by the department.

The application shall be accompanied by such instruments or

documents of authority, or certified copies thereof, as may be

sufficient or required by law to evidence or effect a transfer

of title or interest in or to chattels in such case.

(b) Transfer to surviving spouse.--Transfer of a certificate

of title to a surviving spouse, or a person designated by the

spouse, may be made without the necessity of filing for letters

of administration, notwithstanding the fact that there are minor

children surviving the decedent, if the surviving spouse files

an affidavit that all debts of the decedent have been paid.

certificate of title, whose interest in a snowmobile or ATV has

been extinguished or transferred other than by voluntary

transfer, shall immediately surrender the certificate of title

to the person to whom the right to possession of the snowmobile

or ATV has passed. Upon request of the department, such person

shall mail or deliver the certificate to the department.

Delivery of the certificate pursuant to the request of the

department does not affect the rights of the person surrendering

the certificate.

(Dec. 12, 1986, P.L.1562, No.170, eff. 60 days; June 25, 2001,

P.L.701, No.68, eff. 120 days)

§ 7712.4. Correction of certificate of title.

(a) General rule.--When a certificate of title has been

issued in error to a person not entitled to it or contains

incorrect information, or information has been omitted from the

certificate, the department shall notify in writing the person

to whom the certificate has been issued or delivered, and such

person shall return the certificate within 48 hours, together

with any other information necessary for the adjustment of the

department records, and upon receipt of the certificate, the

department shall cancel the certificate and issue a corrected

certificate.

(b) Change in material information on certificate.--If any

material information on the certificate of title is changed or

different from the information originally set forth, the owner

shall immediately inform the department and apply for a

corrected certificate. For the purposes of this subsection, a

change of address is not deemed material.

conviction for violation of this section, the department may

delegate authority to a department employee or police officer

to seize the certificate of title.

(Dec. 12, 1986, P.L.1562, No.170, eff. 60 days; June 25, 2001,

P.L.701, No.68, eff. 120 days)

§ 7712.5. Issuance of new certificate following transfer.

(a) Voluntary transfer.--The department, upon receipt of a

properly assigned certificate of title with an application for

a new certificate of title, the required fee and any other

required documents and articles, shall issue a new certificate

of title in the name of the transferee as owner and mail it to

the first secured party named in the certificate or, if none,

to the owner.

(b) Involuntary transfer.--The department, upon receipt of

an application for a new certificate of title by a transferee

other than by voluntary transfer, on a form prescribed and

furnished by the department together with proof satisfactory

to the department of the transfer, the required fee and any

other required documents and articles, shall issue a new

certificate of title in the name of the transferee as owner.

department shall file and retain for five years a surrendered

certificate of title, or a copy, in such a manner as to permit

the tracing of title of the snowmobile or ATV.

(Dec. 12, 1986, P.L.1562, No.170, eff. 60 days; June 8, 2001,

P.L.123, No.18, eff. July 1, 2001; June 25, 2001, P.L.701,

No.68, eff. 120 days)

2001 Amendments. Act 68 overlooked the amendment by Act 18,

but the amendments do not conflict in substance and have both

been given effect in setting forth the text of section 7712.5.

§ 7712.6. Suspension and cancellation of certificate of title.

(a) Return of new snowmobile or ATV.--The department may

cancel the certificate of title issued for a new snowmobile or

ATV if it is shown by satisfactory evidence that the snowmobile

or ATV has been returned to the dealer from whom obtained.

(b) Snowmobile or ATV sold to nonresidents.--The department

may cancel a certificate of title for a snowmobile or ATV sold

to a resident of another state or foreign country if the

snowmobile or ATV is to be registered in the other jurisdiction.

jurisdiction.--The department, upon receipt of notification

from another state or foreign country that a certificate of

title issued by the department has been surrendered by the owner

in conformity with the laws of the other state or foreign

country, may cancel the certificate of title.

(d) Surrender of foreign certificate to department.--If an

owner surrenders a certificate of title from another state or

foreign country to the department, the department may notify

the state or foreign country so that the certificate of title

may be canceled or otherwise disposed of in accordance with the

law of the other jurisdiction.

(e) Conviction for misstatement of facts.--The department,

upon receipt of certification from the clerk of a court showing

conviction for a misstatement of facts on an application for

an original or duplicate certificate of title or a transfer of

a certificate of title, shall suspend the certificate of title

and require that it be returned to the department within ten

days of notice by the department, whereupon the department may

cancel it.

(f) Nonpayment of fee.--The department may suspend or cancel

a certificate of title when a check received in payment of the

fee is not paid on demand or when the fee for the certificate

is unpaid and owing.

(g) Security interest unaffected by suspension or

cancellation.--Suspension or cancellation of a certificate of

title does not, in itself, affect the validity of a security

interest noted on the certificate.

(h) Surrender of certificate.--The department may request

the return of a certificate of title which has been suspended

or canceled. The owner or person in possession of the

certificate of title shall, within ten days of the date of

request by the department, mail or deliver the certificate to

the department.

(Dec. 12, 1986, P.L.1562, No.170, eff. 60 days; June 25, 2001,

P.L.701, No.68, eff. 120 days)

§ 7712.7. Application for certificate of title by agent.

(a) Authorization to apply.--No person may apply for a

certificate of title on behalf of another person unless

authorization to do so is in effect and is verified by oath or

affirmation of the other person, made, except as between lessors

and fleet owners as lessees, not more than 15 days before the

application is received by the department. A lessor may

authorize a fleet owner to apply for a certificate of title for

a leased snowmobile or ATV for a period of up to one year.

(b) Certificate not to be assigned in blank.--No person may

apply for, or assign or physically possess, a certificate of

title, or direct or allow another person in his employ or

control to apply for, or assign or physically possess, a

certificate of title, unless the name of the transferee is

placed on the assignment of certificate of title simultaneously

with the name of the transferor and duly notarized.

receive, obtain or hold a certificate of title recorded in the

name of another person for the other person who is not in the

regular employ of, or not a member of the family of, the other

person, unless the person receiving, obtaining or holding the

certificate of title has a valid undischarged security interest

recorded in the department against the snowmobile or ATV

represented by the certificate of title.

(d) Penalty.--A person who violates this section commits a

summary offense and shall, upon conviction, be sentenced to pay

a fine of $100 and costs of prosecution.

(Dec. 12, 1986, P.L.1562, No.170, eff. 60 days; June 8, 2001,

P.L.123, No.18, eff. July 1, 2001; June 25, 2001, P.L.701,

No.68, eff. 120 days)

2001 Amendments. Act 68 overlooked the amendment by Act 18,

but the amendments do not conflict in substance and have both

been given effect in setting forth the text of section 7712.7.

§ 7712.8. Perfection of security interest in a snowmobile or

ATV.

(a) Applicability of section.--Except as otherwise provided

in 13 Pa.C.S. §§ 9311(d) (relating to perfection of security

interests in property subject to certain statutes, regulations

and treaties), 9315(c) and (d) (relating to secured party's

rights on disposition of collateral and in proceeds) and 9316(d)

and (e) (relating to effect of change in governing law), this

section provides the exclusive method of perfecting a security

interest in a snowmobile or ATV for which a certificate of title

is required under this subchapter.

(b) Snowmobiles or ATV's without Pennsylvania certificate

of title.--If an owner creates a security interest in a

snowmobile or ATV for which a certificate of title has not been

issued by the department, the owner shall, at the request of

the secured party, promptly execute an application for a

certificate of title on a form prescribed by the department

showing the name and address of the secured party. The owner

shall tender the application, the existing certificate of title,

if any, and the required fee to the department. A security

interest in a snowmobile or ATV is perfected at the time that

such application, existing certificate of title, if any, and

required fee are received by the department.

title.--If an owner creates a security interest in a snowmobile

or ATV for which a certificate of title has been issued by the

department, the owner shall, at the request of the secured

party, promptly execute an application on a form prescribed by

the department showing the name and address of the secured

party. The owner shall tender the certificate of title, together

with the application and the required fee, to the department.

A security interest in a snowmobile or ATV is perfected at the

time such application, certificate of title and required fee

are received by the department.

(d) Certificate of title in possession of secured

party.--Upon request of the owner or a subordinate secured

party, a secured party in possession of the certificate of title

shall mail or deliver the certificate to the department or,

upon receipt from the subordinate secured party of the

application of the owner and the required fee, shall mail or

deliver them to the department with the certificate of title.

The delivery of the certificate to the department does not

affect the rights of the first secured party under his security

agreement.

(e) Indorsement and delivery of certificate of title.--Upon

receipt of the application, existing certificate of title, if

any, and required fee, the department shall indorse on the

existing certificate of title or the new certificate that it

issues the names and addresses of all secured parties and shall

mail the certificate of title to the first secured party named

in the certificate.

(June 8, 2001, P.L.123, No.18, eff. July 1, 2001; June 25, 2001,

P.L.701, No.68, eff. 120 days; June 27, 2013, P.L.154, No.30,

eff. July 1, 2013)

2013 Amendment. Act 30 amended subsec. (a).

§ 7712.9. Satisfaction of security interest.

(a) Satisfaction of secured obligation.--Unless otherwise

agreed by the owner, within 15 days of the satisfaction of the

obligation secured by a security interest in a snowmobile or

ATV, the secured party shall mail or deliver the certificate

of title to the owner or to the department with a statement of

satisfaction signed by the secured party. Upon receipt of the

certificate of title and statement of satisfaction, the

department shall issue a corrected certificate of title without

an indorsement of such secured party's security interest and

mail the same to the holder of the first remaining security

interest or, if there is no remaining security interest, the

owner.

(b) Satisfaction of subordinate secured obligation.--If the

certificate of title for a snowmobile or ATV is in the

possession of a prior secured party, the subordinate secured

party whose obligation is satisfied shall mail or deliver to

the owner a signed statement of satisfaction in accordance with

subsection (a). Upon request of the owner and receipt of the

statement of satisfaction, the secured party in possession of

the certificate of title shall mail or deliver the certificate

of title, together with the statement of satisfaction, to the

department. Upon receipt of the certificate of title and

evidence of satisfaction, the department shall issue a corrected

certificate of title without an indorsement of the satisfied

security interest and mail the same to the prior secured party.

section commits a summary offense and shall, upon conviction,

be sentenced to pay a fine of $50.

(June 8, 2001, P.L.123, No.18, eff. July 1, 2001; June 25, 2001,

P.L.701, No.68, eff. 120 days)

Cross References. Section 7712.9 is referred to in section

7712.11 of this title.

§ 7712.10. Release of security interest.

A secured party that releases a security interest in a

snowmobile or ATV shall mail or deliver the certificate of title

to the owner with a statement of release signed by the secured

party, or the secured party may apply to the department for a

corrected certificate of title to be issued in the name of the

owner. Upon receipt of the certificate of title and statement

of release, the department shall issue a corrected certificate

of title without an indorsement of such secured party and mail

the same to the holder of the first remaining security interest

or, if there is no remaining secured party, the owner.

(June 8, 2001, P.L.123, No.18, eff. July 1, 2001; June 25, 2001,

P.L.701, No.68, eff. 120 days)

Cross References. Section 7712.10 is referred to in section

7712.11 of this title.

§ 7712.11. Effectiveness of security interests.

A security interest perfected in accordance with this

subchapter is perfected until the secured party provides written

evidence of satisfaction in accordance with section 7712.9

(relating to satisfaction of security interest) or release in

accordance with section 7712.10 (relating to release of security

interest) and the indorsement of the security interest is

removed by the department pursuant to section 7712.9 or 7712.10.

(June 8, 2001, P.L.123, No.18, eff. July 1, 2001)

2001 Amendment. Act 18 added section 7712.11.

§ 7712.12. Assignment by secured party of security interest.

(a) General rule.--A secured party may assign, absolutely

or otherwise, his security interest in a snowmobile or ATV to

a person other than the owner without affecting the interest

of the owner or the validity or perfection of the security

interest.

(b) Duty of assignee.--An assignee who desires to become

the secured party of record shall mail or deliver to the

department the certificate of title and an assignment by the

secured party named on the certificate of title on a form

prescribed by the department accompanied by the required fee.

Upon receipt of the certificate of title, assignment and fee,

the department shall issue a corrected certificate of title

naming the assignee as secured party.

to 13 Pa.C.S. § 9308(e) (relating to when security interest or

agricultural lien is perfected; continuity of perfection).

(June 8, 2001, P.L.123, No.18, eff. July 1, 2001; June 25, 2001,

P.L.701, No.68, eff. 120 days)

§ 7712.13. Exemptions.

The provisions of this subchapter relating to procedures for

perfecting, assigning and satisfying security interests do not

apply to:

(1) a lien given by statute or rule of law to a supplier

of services or materials for the snowmobile or ATV;

(2) a lien given by statute to the United States, the

Commonwealth or any political subdivision of the

Commonwealth;

(3) a security interest in a snowmobile or ATV described

in 13 Pa.C.S. § 9311(d) (relating to perfection of security

interests in property subject to certain statutes,

regulations and treaties); or

(4) a snowmobile or ATV for which a certificate of title

is not required under this subchapter.

(June 8, 2001, P.L.123, No.18, eff. July 1, 2001; June 25, 2001,

P.L.701, No.68, eff. 120 days)

§ 7713. Certificates of registration and decals (Repealed).

2001 Repeal. Section 7713 was repealed June 25, 2001,

P.L.701, No.68, effective in 120 days.

§ 7714. Exemptions from registration (Repealed).

2001 Repeal. Section 7714 was repealed June 25, 2001,

P.L.701, No.68, effective in 120 days.

§ 7715. Reciprocity (Repealed).

2001 Repeal. Section 7715 was repealed June 25, 2001,

P.L.701, No.68, effective in 120 days.

§ 7715.1. Snowmobile or ATV purchased from dealer.

(a) General rule.--If a snowmobile or ATV is purchased from

a dealer, the dealer shall mail or deliver to the department

an application for a registration certificate or limited

registration certificate, an application for certificate of

title, any other required forms and the required fees within

15 days of the date of purchase.

(b) Penalty.--A dealer who violates subsection (a) commits

a summary offense and shall, upon conviction, be sentenced to

pay a fine of $300 and costs of prosecution or to be imprisoned

for not more than 90 days, or both. In addition, if a dealer

violates subsection (a), the department may suspend or revoke

the registration issued under section 7711 (relating to

registration of dealers).

(June 25, 2001, P.L.701, No.68, eff. 120 days)

2001 Amendment. Act 68 added section 7715.1.

Cross References. Section 7715.1 is referred to in section

7712.1 of this title.

§ 7715.2. Fees.

(a) Fees.--Except as provided in subsection (b), the

department shall collect the following fees:

(1) Certificate of title, $22.50.

(2) Expiration sticker, $20.

(2.1) Vintage snowmobile permit, $20.

(3) Dealer registration, $25.

(4) Replacement, due to loss or damage, of registration

certificate, limited registration certificate, registration

decal, registration plate, expiration sticker or vintage

snowmobile permit, $5.

(5) Transfer of registration pursuant to section 7711.1

(relating to registration of snowmobile or ATV), $5.

(6) Recording the name of a secured party on a

certificate of title, $5.

(b) Exemptions from fees.--Subsection (a) does not apply

to a snowmobile or ATV owned by:

(1) The Commonwealth.

(2) A political subdivision of this Commonwealth.

(3) A volunteer organization and used exclusively for

emergency purposes.

(June 25, 2001, P.L.701, No.68, eff. 120 days; July 5, 2012,

P.L.1000, No.113, eff. 120 days)

2012 Amendment. Act 113 amended subsec. (a).

2001 Amendment. Act 68 added section 7715.2.

§ 7716. Records.

The department shall maintain a record, which shall be made

available to all enforcement agencies, of:

(1) The registration number for each snowmobile and ATV

for which a registration certificate or limited registration

certificate is issued.

(2) The name and address of the owner of each snowmobile

and ATV for which a registration certificate or limited

registration certificate is issued.

(3) The permit number for each vintage snowmobile for

which a vintage snowmobile permit is issued.

(4) The name and address of the owner of each vintage

snowmobile for which a vintage snowmobile permit is issued.

(July 11, 1985, P.L.220, No.56, eff. 60 days; June 25, 2001,

P.L.701, No.68, eff. 120 days; July 5, 2012, P.L.1000, No.113,

eff. 120 days)

§ 7717. Snowmobile and ATV Advisory Committee.

(a) Establishment.--There is hereby established under the

jurisdiction of the department a board known as the Snowmobile

and ATV Advisory Committee.

(b) Composition.--The committee shall consist of 17 members.

The members shall be as follows:

(1) The chairman and minority chairman of the

Environmental Resources and Energy Committee of the Senate.

(2) The chairman and minority chairman of the

Environmental Resources and Energy Committee of the House

of Representatives.

(3) One member representing the Pennsylvania Game

Commission.

(4) One member representing the Allegheny National

Forest.

(5) One member representing the Pennsylvania State

Association of Township Supervisors.

(6) One member representing the Pennsylvania State

Association of Boroughs.

(7) One member representing the Pennsylvania State

Association of County Commissioners.

(7.1) One member representing the Department of

Community and Economic Development.

(8) Seven members of the public representing the

following organizations to be appointed by the Secretary of

Conservation and Natural Resources:

(i) Two members from a list of at least six

representatives submitted by the Pennsylvania State

Snowmobile Association.

(ii) Two members from a list of at least six

representatives submitted by the Pennsylvania Off-Highway

Vehicle Association.

(iii) One member from a list of at least three

representatives submitted by the Pennsylvania Farm

Bureau.

(iv) (Deleted by amendment).

(v) One member from a list of at least three

representatives submitted by the Pennsylvania Association

of Travel and Tourism.

(vi) One member from a list of at least three

representatives submitted by the Pennsylvania Economic

Development Association.

Each member may designate an alternate to serve in his stead.

A member shall notify the chairman in writing of this

designation.

committee appointed by the Secretary of Conservation and Natural

Resources shall be three years. Any member of the committee may

be reappointed for additional terms. A person appointed to fill

a vacancy shall serve for the unexpired term and is eligible

for reappointment.

(d) Officers.--The members of the committee shall annually

elect a chairman, a vice chairman and a secretary from among

the public members of the committee.

(e) Meetings and expenses.--

(1) The committee shall meet at least biannually.

(2) A public member, including a designee, who misses

three consecutive meetings without good cause may be replaced

by the Secretary of Conservation and Natural Resources upon

recommendation of the chairman.

(3) The public members of the committee shall be allowed

actual, necessary and reasonable per diem expenses in

accordance with regulations of the Executive Board. The

department shall provide appropriate staff support to enable

the committee to properly carry out its functions.

(f) Powers and duties.--The powers and duties of the

committee shall be to advise the Secretary of Conservation and

Natural Resources on matters concerning the implementation of

this chapter, including existing and proposed regulations,

standards, policies, guidelines and practices; use and operation

of snowmobiles and ATV's on public and private land;

acquisition, construction, development and maintenance of

trails; enforcement; and allocation of fees collected by the

department pursuant to this chapter.

(Aug. 5, 1991, P.L.238, No.26, eff. imd.; June 11, 1992,

P.L.266, No.47, eff. 60 days; June 25, 2001, P.L.701, No.68,

eff. 60 days; July 20, 2016, P.L.837, No.97, eff. 60 days)

2016 Amendment. Act 97 amended subsecs. (b), (e)(1) and (2)

and (f).

§ 7718. Vintage snowmobile permits.

(a) Issuance of permits.--Upon receipt of an application

upon a form prescribed and furnished by the department which

shall contain information required by the department and which

shall be accompanied by the required fee and any other

information the department shall require, the department shall

issue to an owner of a vintage snowmobile a vintage snowmobile

permit containing a permit number.

(b) Carrying and exhibiting permit.--Every permit shall,

at all times while the vehicle is being operated, be in the

possession of the person driving or in control of the vehicle

or carried in the vehicle and shall be exhibited on demand of

a police officer or authorized department employee.

transferable to a successor owner or to another vehicle. On

transfer of ownership of a vintage snowmobile for which a

vintage snowmobile permit has been issued, the permit shall

become invalid.

(d) Suspension or revocation.--The department may suspend

or revoke a vintage snowmobile permit upon conviction of the

holder of an offense under this chapter. A suspended or revoked

vintage snowmobile permit is invalid.

(July 5, 2012, P.L.1000, No.113, eff. 120 days)

2012 Amendment. Act 113 added section 7718.

Cross References. Section 7718 is referred to in section

7702 of this title.

SUBCHAPTER C

OPERATION

Sec.

7721. Operation on streets and highways.

7722. Designation of snowmobile and ATV roads.

7723. Special snowmobile and ATV events.

7724. Operation on private or State property.

7725. Operation by persons under age sixteen.

7726. Operation in safe manner.

7727. Additional limitations on operation.

7728. Accidents and accident reports.

7729. Liability of owner for negligence.

7730. Liability insurance.

Cross References. Subchapter C is referred to in section

3722 of this title.

§ 7721. Operation on streets and highways.

(a) General rule.--Except as otherwise provided in this

chapter, it is unlawful to operate a snowmobile or an ATV on

any street or highway which is not designated and posted as a

snowmobile or an ATV road by the governmental agency having

jurisdiction.

(b) Emergency and bridge crossings.--A snowmobile or an ATV

may be operated on highways and streets:

(1) During periods of emergency when so declared by a

policy agency having jurisdiction.

(2) When necessary to cross a bridge or culvert.

make a direct crossing of a street or highway upon compliance

with the following requirements:

(1) The crossing is made at an angle of approximately

90 degrees to the direction of the highway and at a place

where no obstruction prevents a quick and safe crossing.

(2) The snowmobile or ATV is brought to a complete stop

before crossing the shoulder or main-traveled way of the

highway.

(3) The driver yields the right-of-way to all oncoming

traffic which constitutes an immediate hazard.

(4) In crossing a divided highway, the crossing is made

only at an intersection of such highway with another public

street or highway.

(July 11, 1985, P.L.220, No.56, eff. 60 days)

§ 7722. Designation of snowmobile and ATV roads.

(a) General rule.--The Department of Transportation on

State-designated highways and local authorities on any highway,

road or street within its jurisdiction may designate any

highway, road or street within its jurisdiction as a snowmobile

road, an ATV road, or both, and may, in its discretion,

determine whether such road shall be closed to vehicular traffic

or whether snowmobiles and ATV's may share this designated road

with vehicular traffic.

(b) Posting notices.--Adequate notices of such designation

and determination shall be sufficiently and prominently

displayed.

Department of Transportation or any other State agency or any

political subdivision of this Commonwealth as a result of

designating any highway, road or street as a snowmobile road

or an ATV road as provided in subsection (a).

(June 23, 1978, P.L.523, No.86, eff. imd.; July 11, 1985,

P.L.220, No.56, eff. 60 days)

Cross References. Section 7722 is referred to in section

7725 of this title.

§ 7723. Special snowmobile and ATV events.

(a) General rule.--Snowmobiles and ATV's may be operated

on highways and streets for special snowmobile and ATV events

of limited duration which are conducted according to a

prearranged schedule under permit from the governmental agency

having jurisdiction.

(b) Authority of local authorities.--A local authority may

block off highways and streets within its jurisdiction for the

purpose of allowing snowmobile and ATV races, rallies or

derbies. No State trunk highway or connecting street, or part

thereof, shall be blocked off by any local authority for any

snowmobile or ATV race, rally or derby.

shall notify the local police department and the county

sheriff's office at least one week in advance of the time and

place of any snowmobile or ATV race, rally or derby which may

result in any highway or street, or part thereof, being blocked

off. Upon such notice, the local police department shall take

such measures as it deems appropriate to protect persons and

property and to regulate traffic in the designated area and its

vicinity on the day of such race, rally or derby.

(Nov. 26, 1978, P.L.1399, No.330, eff. 60 days; July 11, 1985,

P.L.220, No.56, eff. 60 days)

§ 7724. Operation on private or State property.

(a) Private real property.--

(1) No person shall operate a snowmobile or an ATV on

private real property without the consent of the owner

thereof. Any person operating a snowmobile or an ATV upon

lands of another shall stop and identify himself upon the

request of the landowner or his duly authorized

representatives and, if requested to do so by the landowner,

shall promptly remove the snowmobile or ATV from the

premises.

(2) When a person operates a snowmobile or an ATV in a

manner as to violate section 3717 (relating to trespass by

motor vehicle), the applicable fines, penalties and

suspensions provided in this title for violation of section

3717 shall apply to this subsection.

(b) State property.--

(1) No person shall operate a snowmobile or an ATV on

State-owned property except on clearly marked and previously

designated snowmobile or ATV routes or as expressly permitted

by the Commonwealth.

(2) (i) The department may designate any road within

a State Park or State Forest over which the department

has jurisdiction as a snowmobile road or an ATV road,

or both, and may, in its discretion, determine whether

the road shall be closed to vehicular traffic or whether

snowmobiles and ATV's may share the designated road with

vehicular traffic. Adequate notices of such designation

and determination shall be sufficiently and prominently

displayed.

(ii) No person shall operate a snowmobile or ATV

on State park or State forest land except as follows:

(A) A person may operate a snowmobile on a road,

trail or area that is designated and marked by the

department as open for snowmobile use or on which

the person has been given specific written permission

to operate the snowmobile.

(B) A person may operate a Class I ATV on a

road, trail or area that is designated and marked

by the department as open for ATV use or on which

the person has been given specific written permission

to operate the ATV.

road, trail or area if the person has been given

specific written permission by the department to

operate a Class II ATV on the road, trail or area.

(July 11, 1985, P.L.220, No.56, eff. 60 days; July 1, 1990,

P.L.312, No.70, eff. 60 days; June 25, 2001, P.L.701, No.68,

eff. imd.)

Cross References. Section 7724 is referred to in section

7725 of this title.

§ 7725. Operation by persons under age sixteen.

(a) Crossing street or highway.--No person under 16 years

of age shall drive a snowmobile or an ATV across any highway

or connecting street thereto unless he is under the direct

supervision of a person 18 years of age or older and unless he

holds a valid and appropriate safety certificate from the

Commonwealth or a valid and approved certificate issued under

the authority of another state or Province of Canada. The

department shall determine what certificates will be approved.

(b) Operation of an ATV by persons under eight years of

age.--No person under eight years of age shall operate an ATV

upon State-owned land.

(b.1) ATV size restrictions.--No person shall operate an

ATV bearing a certification label conforming to ANSI/SVIA 1 -

2010, or its successor standard, in violation of the age

recommendation warning label affixed by the manufacturer. An

ATV not bearing a certification label conforming to ANSI/SVIA

1 - 2010, or its successor standard, operated in this

Commonwealth by a person eight or nine years of age shall have

an engine size of 70cc or less.

(b.2) Operation of a snowmobile by persons under ten years

of age.--No person under ten years of age shall operate a

snowmobile upon State-owned land.

to 15 years of age shall operate an ATV and no person between

10 and 15 years of age shall operate a snowmobile in this

Commonwealth unless the person satisfies one of the following

conditions:

(1) Is under the direct supervision of a certified

snowmobile or ATV safety instructor during a safety training

course.

(2) Is on land owned or leased by a parent or legal

guardian.

(3) Has received safety training as prescribed by the

department and has received the appropriate safety

certificate issued by the department.

(4) Holds an appropriate safety certificate issued under

the authority of another state or Province of Canada and

recognized by the department.

(d) Failure to exhibit certificate.--Within five days of

receiving notice of a violation of this section, a youthful

operator shall present the appropriate safety certificate that

was valid at the time of demand at the office of the issuing

authority. Upon presentation of the safety certificate, the

issuing authority shall dismiss the charge.

(e) Permitting unauthorized operation.--No owner of a

snowmobile or an ATV shall authorize or permit the operation

thereof within this Commonwealth by any person under 16 years

of age unless the person under 16 years of age is the holder

of a valid and appropriate safety certificate, or except as

authorized in subsections (b), (b.2) and (c).

(f) Certification of snowmobile safety instructors.--The

department may certify snowmobile or ATV safety instructors to

act as its agents in conducting classes and examinations and

issuing snowmobile or ATV safety certificates in its name.

(g) Operation on snowmobile and ATV roads.--No person under

16 years of age may operate a snowmobile or an ATV on streets

or highways designated under section 7722 (relating to

designation of snowmobile and ATV roads) as open to snowmobile

or ATV and vehicular traffic. A person under 16 years of age

who holds the appropriate safety certificate may operate a

snowmobile or an ATV on roads designated under section 7724(b)

(relating to operation on private or State property) as open

to snowmobile or ATV and vehicular traffic, provided he is under

the direct supervision of a person 18 years of age or older.

(h) Snowmobile and ATV safety program.--The department shall

implement a comprehensive snowmobile and ATV information, safety

education and training program which shall include the

preparation and dissemination of information and safety advice

to the public and training of operators. The program shall

provide for the training of youthful operators and others who

wish to receive training. It shall also provide for the issuance

of snowmobile or ATV safety certificates to those who

successfully complete the training provided under the program.

(i) Cooperation with other organizations.--In implementing

a program which is established under this section, the

department shall cooperate with private organizations and

associations, private and public corporations, the Department

of Education and local governmental units. The department shall

consult with snowmobile, ATV and environmental organizations

and associations in regard to subject matter of a training

program that leads to certification of snowmobile and ATV

operators.

(July 11, 1985, P.L.220, No.56, eff. 60 days; June 25, 2001,

P.L.701, No.68, eff. 120 days; July 14, 2005, P.L.285, No.50,

eff. 60 days; June 29, 2006, P.L.284, No.61, eff. imd.; July

5, 2012, P.L.1000, No.113, eff. 120 days; Nov. 3, 2016,

P.L.1058, No.136, eff. imd.; Oct. 24, 2018, P.L.725, No.115,

eff. imd.)

2018 Amendment. Act 115 amended subsec. (b.1).

2016 Amendment. Act 136 amended subsecs. (b.1) and (d).

2012 Amendment . Act 113 amended subsec. (h).

2006 Amendment. Act 61 amended subsecs. (b), (c) and (e)

and added subsec. (b.2).

§ 7726. Operation in safe manner.

(a) General rule.--No person shall operate a snowmobile or

an ATV in any of the following ways:

(1) At a rate of speed that is unreasonable or improper

under existing conditions or in excess of the maximum limits

posted for vehicular traffic.

(2) In any careless way so as to endanger the person

or property of another.

(3) While under the influence of alcohol or any

controlled substance.

(b) Permitting unsafe operation.--No owner or other person

having charge or control of a snowmobile or an ATV shall

knowingly authorize or permit the operation of the snowmobile

or ATV by any person who is incapable to do so by reason of

age, physical or mental disability, or who is under the

influence of alcohol or any controlled substance.

or ATV's and vehicular traffic.--No person shall operate a

snowmobile or ATV in any of the following ways on highways and

streets open to snowmobiles or ATV's and vehicular traffic:

(1) Upon the left side of highways or streets, except

one-way streets, or as specified in paragraph (2).

(2) Ride two snowmobiles or ATV's abreast. Snowmobiles

and ATV's shall be operated in single file except when

overtaking another vehicle. The driver of any vehicle

overtaking another vehicle proceeding in the same direction

shall pass at a safe distance to the left thereof, until

safely clear of such overtaken vehicle. Nothing in this

section shall be construed to prohibit a driver overtaking

the passing upon the right of another vehicle which is making

or about to make a left turn. The driver of a vehicle shall

not drive to the left side of the center of a highway in

overtaking or passing another vehicle proceeding in the same

direction, unless the left side is clearly visible and is

free of oncoming traffic for a sufficient distance ahead to

permit the overtaking or passing to be made in safety.

(3) Turn to the right or left at an intersection or

stop or decrease speed at an intersection without signaling

as stated in this paragraph. The driver shall extend his

hand and arm from the left side of the vehicle in the

following manner to indicate as stated:

(i) Left turn or other vehicle movement toward left,

hand and arm extended horizontally.

(ii) Right turn or other vehicle movement toward

right, left hand and arm extended outward and pointed

upward from the elbow.

(iii) Stop or decrease speed, either the left or

right hand and arm extended upward.

(4) Disobey any traffic signal or signs placed in

accordance with this title unless otherwise directed by a

peace officer.

(5) Without a securely fastened helmet on the head of

an individual who operates or is a passenger on a snowmobile

or ATV or who is being towed or otherwise propelled by a

snowmobile. The department shall specify the types of helmets

allowed through rules and regulations.

(July 11, 1985, P.L.220, No.56, eff. 60 days)

§ 7727. Additional limitations on operation.

Except as otherwise permitted under Title 34 (relating to

game), no person shall:

(1) Operate or ride in any snowmobile or ATV with any

bow and arrows or with any firearm in his possession unless

it is unstrung or unloaded.

(2) Drive or pursue any game or wildlife with a

snowmobile or an ATV.

(July 11, 1985, P.L.220, No.56, eff. 60 days; July 8, 1986,

P.L.442, No.93, eff. July 1, 1987)

Cross References. Section 7727 is referred to in section

6109 of Title 18 (Crimes and Offenses).

§ 7728. Accidents and accident reports.

(a) Duty to stop and provide information.--Whenever any

snowmobile or ATV is involved in an accident resulting in loss

of life, personal injury or damage to property and the operator

thereof has knowledge of such accident, he shall stop and give

his name and address, the name and address of the owner thereof

and the registration number of the snowmobile or ATV to the

injured person or the person sustaining the damage or to a

police officer. In case no police officer nor the person

sustaining the damage is present at the place where the damage

occurred, then the operator shall immediately report, as soon

as he is physically able, the accident to the nearest law

enforcement agency.

(b) Report of accident to department.--The operator of any

snowmobile or ATV involved in any accident resulting in injuries

to or death of any person or resulting in property damage to

the estimated amount of $100 or more shall, within seven days

after such accident, report the matter in writing to the

department. If the operator is physically incapable of making

the report and there is another participant in the accident not

so incapacitated, the participant shall make the report within

the prescribed period of time after the accident. In the event

that there is no other participant and the operator is other

than the owner, then the owner shall within the prescribed

period of time, after learning of the facts of such accident,

report the matter to the department, together with such

information as may have come to his knowledge relating to such

accident. Every operator or owner of a snowmobile or an ATV in

an accident, or surviving participant of any such accident,

shall make such other and additional reports as the department

shall require.

officer who investigates or receives information of an accident

involving a snowmobile or an ATV shall make a written report

of the investigation or information received, and such

additional facts relating to the accident as may come to his

knowledge, and mail the same within 48 hours to the department

and keep a record thereof in his office.

(d) Exception.--This section does not apply when property

damage is sustained in sanctioned snowmobile or ATV races,

derbies and rallies.

(July 11, 1985, P.L.220, No.56, eff. 60 days)

§ 7729. Liability of owner for negligence.

(a) General rule.--Negligence in the use or operation of a

snowmobile or an ATV is attributable to the owner. Every owner

of a snowmobile or an ATV used or operated in this Commonwealth

shall be liable and responsible for death or injury to person

or damage to property resulting from negligence in the use or

operation of such snowmobile or ATV by any person using or

operating the snowmobile or ATV with the permission, express

or implied, of such owner.

(b) Exception.--The negligence of the operator shall not

be attributed to the owner as to any claim or cause of action

accruing to the operator or his legal representative for such

injuries or death.

(July 11, 1985, P.L.220, No.56, eff. 60 days)

§ 7730. Liability insurance.

(a) Requirement.--A snowmobile or ATV for which registration

is required under this chapter shall have liability insurance

coverage for the snowmobile or ATV issued by an insurance

carrier authorized to do business in this Commonwealth. This

subsection does not apply to limited registrations.

(b) Proof of insurance.--Proof of insurance as required by

this section shall be produced and displayed by the owner or

operator of such snowmobile or ATV upon the request of any

magistrate or any person having authority to enforce the

provisions of this chapter or to any person who has suffered

or claims to have suffered either personal injury or property

damage as a result of the operation of such snowmobile or ATV.

It shall be an affirmative defense to any prosecution for a

violation of this section that such proof was so produced within

72 hours of receiving notice of such violation, injury or damage

or the claim of such injury or damage.

ATV shall operate or permit the same to be operated without

having in full force and effect liability insurance coverage

required by this section. The operator of a snowmobile or ATV

shall carry proof of insurance on his person or on the

snowmobile or ATV when it is in operation.

(d) Penalty.--A person who violates subsection (a) or (c)

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $300 and costs of prosecution and,

in default of payment of the fine or costs, shall be imprisoned

for not more than ten days.

(July 11, 1996, P.L.660, No.115, eff. 60 days; June 25, 2001,

P.L.701, No.68, eff. 120 days)

SUBCHAPTER D

EQUIPMENT

Sec.

7741. Head lamps and tail lamps.

7742. Brakes.

7743. Mufflers and sound control.

§ 7741. Head lamps and tail lamps.

(a) Time of operation.--Every snowmobile or ATV operated

during hours of darkness shall display a lighted head lamp and

tail lamp. The lights shall be in operation during the period

of from one-half hour after sunset to one-half hour before

sunrise and at any time when, due to insufficient light or

unfavorable atmospheric conditions caused by fog or otherwise,

other persons, vehicles and other objects are not clearly

discernible for a distance of 500 feet ahead.

(b) Head lamp requirements.--The head lamp shall display

white light of sufficient illuminating power to reveal any

person, vehicle or substantial object at a distance of 100 feet

ahead.

(1) If the snowmobile or ATV is equipped with a multiple

beam head lamp, the upper beam shall meet the minimum

requirements set forth in this section and the lowermost

beam shall be so aimed and of sufficient intensity to reveal

persons and vehicles at a distance of at least 50 feet ahead.

(2) If the snowmobile or ATV is equipped with a single

beam head lamp, the lamp shall be so aimed that when the

vehicle is loaded none of the high intensity portion of the

light, at a distance of 75 feet ahead, projects higher than

the level of the center of the lamp from which it comes.

red light plainly visible during darkness from a distance of

500 feet.

(July 11, 1985, P.L.220, No.56, eff. 60 days)

§ 7742. Brakes.

(a) Snowmobiles.--It is unlawful to operate a snowmobile

which is not equipped with at least one brake of a design

approved by the department operated either by hand or by foot,

capable of bringing the snowmobile to a stop, under normal

conditions, within 40 feet when traveling at a speed of 20 miles

per hour with a 150 pound driver and on hard packed snow, or

locking its traction belt or belts. The design shall permit

simple and easy adjustment to compensate for wear.

(b) ATV's.--It is unlawful to operate an ATV which is not

equipped with a braking system which may be operated by hand

or foot, capable of producing deceleration of 14 feet per second

on level ground at a speed of 20 miles per hour, and the design

must permit simple and easy adjustment to compensate for wear.

(July 11, 1985, P.L.220, No.56, eff. 60 days)

§ 7743. Mufflers and sound control.

(a) General rule.--It is unlawful to operate a snowmobile

or an ATV which is not equipped at all times with a muffler in

good working order which blends the exhaust sound into the

overall snowmobile or ATV sound and is in constant operation

to prevent excessive or unusual sound. The exhaust system shall

not emit or produce a sharp popping or crackling sound. The

sound intensity produced by a snowmobile shall not exceed 82dbA

when measured in accordance with SAE Recommended Practice J 192

Exterior Sound Level for Snowmobiles, as amended. The department

may by regulation adopt more stringent sound requirements for

snowmobiles. The department shall by regulation adopt sound

requirements for in-use operation of ATV's using measurement

procedures in accordance with SAE Recommended Practice J 1287

July 1998, Measurement of Exhaust Level of Stationary

Motorcycles. The sound level intensity produced by an ATV

manufactured before January 1, 1998, shall not exceed 99dbA,

or decibels, when measured at 20 inches. The sound level

intensity produced by an ATV manufactured on or after January

1, 1998, shall not exceed 96dbA, or decibels, when measured at

20 inches.

(b) Modified mufflers prohibited.--It is unlawful to modify

a muffler or to operate a snowmobile or an ATV with a modified

muffler so as to increase the sound level of the snowmobile or

ATV above the level allowed by this section.

races or similar competitive events.

(July 11, 1985, P.L.220, No.56, eff. 60 days; Nov. 3, 2016,

P.L.1058, No.136, eff. imd.; Oct. 24, 2018, P.L.725, No.115,

eff. imd.)

2018 Amendment. Act 115 amended subsec. (a).

2016 Amendment. Act 136 amended the section heading and

subsec. (a).

SUBCHAPTER E

MISCELLANEOUS PROVISIONS

Sec.

7751. Enforcement personnel and procedures.

7752. Penalties for violation of chapter.

7753. Actions for collection of penalties.

§ 7751. Enforcement personnel and procedures.

(a) Duty of enforcement.--Every law enforcement officer in

this Commonwealth and designated officers and employees of the

department shall enforce the provisions of this chapter.

(b) Forms and procedures.--The department may prescribe the

form of summons or complaint, or both, in all cases involving

a violation of any provision of this chapter or of any

ordinance, rule or regulation relating to snowmobiles or ATV's,

or of any class or category of such cases, and may establish

procedures for proper administrative controls over the

disposition thereof.

each local police force, sheriffs and the Commissioner of the

Pennsylvania State Police shall prepare or cause to be prepared

such records and reports as may be prescribed under this

section.

(d) Rules and regulations.--The department may promulgate

such rules and regulations as may be deemed necessary to

accomplish the purposes and enforce the provisions of this

section including requirements for reporting by trial courts

having jurisdiction over snowmobile and ATV violations.

(July 11, 1985, P.L.220, No.56, eff. 60 days)

§ 7752. Penalties for violation of chapter.

(a) General rule.--Except as provided in subsections (c)

and (d) and unless otherwise provided in this chapter, a person

who violates this chapter commits a summary offense and shall,

upon conviction:

(1) For a first offense, be sentenced to pay a fine of

not less than $50 nor more than $200 and costs of prosecution

and, in default of the payment of the fine or costs, shall

be imprisoned for not more than ten days.

(2) For a subsequent offense, be sentenced to pay a

fine of not less than $100 nor more than $300 and costs of

prosecution and, in default of the payment of the fine or

costs, shall be imprisoned for not more than 30 days.

(b) Failure to obtain liability insurance.--(Deleted by

amendment).

disposes of a summons or complaint issued pursuant to this

chapter in a manner other than that prescribed by law, rule or

regulation commits a misdemeanor of the third degree.

(d) Registration.--

(1) A person who violates section 7711.1 (relating to

registration of snowmobile or ATV) or 7711.2 (relating to

limited registration of snowmobile or ATV) by failing to

obtain the required registration certificate or limited

registration certificate commits a summary offense and shall,

upon conviction, be sentenced to pay a fine of $300 or to

be imprisoned for 90 days, or both, and costs of prosecution.

Proceedings for a summary offense under this paragraph must

be commenced within 60 days after commission of the alleged

offense or within 60 days after discovery of the commission

of the offense or the identity of the offender, whichever

is later.

(2) A person who violates section 7711.1 or 7711.2 by

failing to properly display the required registration decal

or plate commits a summary offense and shall, upon

conviction, be sentenced to pay a fine of $50 and costs of

prosecution.

(3) A person who violates section 7711.1 by failing to

properly display the required expiration sticker or by

failing to carry the required registration certificate

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $50 and costs of prosecution.

(July 11, 1985, P.L.220, No.56, eff. 60 days; July 2, 1993,

P.L.408, No.58, eff. 60 days; July 11, 1996, P.L.660, No.115,

eff. 60 days; June 25, 2001, P.L.701, No.68, eff. 120 days)

§ 7753. Actions for collection of penalties.

(a) General rule.--An action to recover any penalty imposed

under the provisions of this chapter may be brought in any court

of competent jurisdiction in this Commonwealth on order of the

department and in the name of the Commonwealth. In any such

action all penalties incurred up to the time of commencing the

action may be sued for and recovered therein and the

commencement of an action to recover any such penalty shall not

be, or be held to be, a waiver of the right to recover any other

penalty. In case of recovery of any amount in an action brought

to recover any such penalty the Commonwealth shall be entitled

to recover full costs and at the rates provided for civil

actions.

(b) Duty and liability of witnesses.--No person shall be

excused from testifying or producing any books, papers or other

documents in any civil action to recover any such penalty, upon

the ground that his testimony might tend to convict him of an

offense or subject him to a penalty or forfeiture. No person

shall be prosecuted, punished or subjected to any penalty of

forfeiture for or on account of any such act, transaction,

matter or thing concerning which he shall, under oath, have

testified or produced documentary evidence and no testimony so

given or produced shall be received against him upon any

criminal investigation or proceeding. No person so testifying

shall be exempt from prosecution or punishment for any perjury

committed by him in his testimony. This subsection is not

intended to give, and shall not be construed as in any manner

giving, unto any corporation immunity of any kind.

of any provision of this chapter may himself plead guilty to

the charge in open court. He may also submit to the judge having

jurisdiction, in person, by duly authorized agent, or by

registered mail, a statement setting forth the following:

(1) That he waives arraignment in open court and the

aid of counsel.

(2) That he pleads guilty to the offense as charged.

(3) That he elects and requests that the charge be

disposed of and the fine or penalty fixed by the court.

(4) Any explanation that he desires to make concerning

the offense charged.

(5) That he makes all statements under penalty of

perjury.

Thereupon the judge may proceed as though the defendant had

been convicted upon a plea of guilty in open court. Any

imposition of fine or penalty under this section shall be deemed

tentative until the fine or penalty has been paid and discharged

in full. If, upon receipt of the aforesaid statement, the judge

shall deny the same, he shall thereupon notify the defendant

of this fact and that he is required to appear before the said

judge at a stated time and place to answer the charge which

shall thereafter be disposed of pursuant to the applicable

provisions of law.

(d) Statement of disposition of case.--Subject to any

inconsistent procedures and standards relating to reports and

transmission of funds prescribed pursuant to Title 42 (relating

to judiciary and judicial procedure), the court before whom any

person shall be tried shall, at the termination of the trial

or proceeding, forthwith mail or deliver to the department at

Harrisburg a certified statement of the disposition of the case

or proceeding giving the date thereof, the name of the

defendant, the date and place of the violation, the name of

each witness sworn in support of the charges and the amount of

the fine or penalty paid.

(e) Section not exclusive.--This section:

(1) Does not prohibit the prosecution of violations of

this chapter in any court of competent jurisdiction in the

same manner as other offenses.

(2) Is subject to any inconsistent general rules

relating to actions for the collection of fines and

penalties.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

1978 Amendment. Act 53 amended subsecs. (d) and (e).

CHAPTER 77A

OPERATION OF GOLF CARTS

Sec.

77A01. Operation on highways.

77A02. Designation of golf cart crossings.

77A03. Operation by persons under 16 years of age.

Enactment. Chapter 77A was added November 29, 2017,

P.L.1184, No.57, effective in 60 days.

§ 77A01. Operation on highways.

(a) General rule.--Except as described under section 1302(3)

or (14) (relating to vehicles exempt from registration) or

otherwise provided under this chapter, it is unlawful to operate

a golf cart on any highway.

(b) Crossing highway.--A golf cart may make a direct

crossing of a highway upon compliance with the following

requirements:

(1) The crossing is made at an angle of approximately

90 degrees to the direction of the highway and at a place

where no obstruction prevents a quick and safe crossing.

(2) The golf cart is brought to a complete stop before

crossing the shoulder or main-traveled way of the highway.

(3) The driver yields the right-of-way to all oncoming

traffic.

§ 77A02. Designation of golf cart crossings.

(a) General rule.--The department on State-designated

highways and a local authority on highways within the local

authority's jurisdiction may designate a crossing within the

jurisdiction as a golf cart crossing with official

traffic-control devices for the crossings.

(b) Posting notices.--Adequate notice of golf cart crossing

designations shall be sufficiently and prominently displayed.

beneficial to residents of a homeowners association, a private

college or other private entity, the homeowners association,

private college or other private entity shall be responsible

for costs incurred by the department or political subdivision.

(d) Liability.--Liability may not be imposed on the

department or any other State agency or any political

subdivision of this Commonwealth as a result of designating any

crossing over any highway as a golf cart crossing as provided

under subsection (a).

§ 77A03. Operation by persons under 16 years of age.

A person under 12 years of age may not operate a golf cart.

A person between 12 and 16 years of age may not drive a golf

cart across any highway unless the person is under the direct

supervision of a person 18 years of age or older.

CHAPTER 78

MOTOR CARRIER SAFETY

Sec.

7801. Short title of chapter.

7802. Findings and declaration of policy (Repealed).

7803. Definitions.

7804. Motor Carrier Safety Advisory Committee.

Enactment. Chapter 78 was added June 19, 2001, P.L.281,

No.21, effective immediately.

§ 7801. Short title of chapter.

This chapter shall be known and may be cited as the Motor

Carrier Safety Advisory Committee Act.

§ 7802. Findings and declaration of policy (Repealed).

2022 Repeal. Section 7802 was repealed July 11, 2022,

P.L.1585, No.90, effective in 60 days.

§ 7803. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

"Committee." The Motor Carrier Safety Advisory Committee

created by this chapter.

"Motor carrier safety." The safe movement of an individual

or goods on highways that are transported by commercial motor

vehicles as defined in section 1603 (relating to definitions).

(July 11, 2022, P.L.1585, No.90, eff. 60 days)

2022 Amendment. Act 90 added the def. of "motor carrier

safety."

§ 7804. Motor Carrier Safety Advisory Committee.

(a) Creation.--There is hereby created a Motor Carrier

Safety Advisory Committee which shall consist of the following

31 members:

(1) The Secretary of Transportation.

(2) The Chairman of the Pennsylvania Public Utility

Commission.

(3) The Chairman of the Pennsylvania Turnpike

Commission.

(4) The Commissioner of the Pennsylvania State Police.

(5) The Chairman and Minority Chairman of the

Transportation Committee of the Senate.

(6) The Chairman and Minority Chairman of the

Transportation Committee of the House of Representatives.

(7) Twenty-three members of the public representing the

areas of concern specified who shall have extensive

experience and knowledge of motor carrier transportation and

safety activities throughout this Commonwealth, to be

appointed by the Governor as follows:

(i) One representative from the Pennsylvania Chamber

of Business and Industry.

(ii) One representative from the Pennsylvania Chiefs

of Police Association.

(iii) One representative from the Special Court

Judges Association of Pennsylvania.

(iv) Two persons representing the interests of

independent truckers.

(v) Two representatives from the Pennsylvania Motor

Truck Association.

(vi) One representative from the Pennsylvania

Manufactured Housing Association.

(vii) One representative from the Pennsylvania AAA

Federation.

(viii) One representative from the Pennsylvania

Public Transportation Association.

(ix) One representative from the Pennsylvania Bus

Association.

(x) One representative from the Pennsylvania School

Bus Association.

(xi) One representative from the Pennsylvania Forest

Products Association.

(xii) One person representing the interests of motor

carrier drivers.

(xiii) (Deleted by amendment).

(xiv) (Deleted by amendment).

(xv) (Deleted by amendment).

(xvi) One representative from the railroad industry

in Pennsylvania.

(xvii) One person representing the interests of

local government.

(xviii) One person representing the interests of

the motor carrier manufacturing industry.

(xix) Six representatives from the transport

industry, each representing one of the following areas:

(A) Bulk products.

(B) Moving and storage.

(D) Natural gas.

(E) Coal.

(F) Construction material transportation.

(a.1) Specific vacancy.--If a position or vacancy under

subsection (a)(7) is not filled by the appointing authority

within 120 days of the opening or vacancy, the appointment shall

be made by the President pro tempore of the Senate.

(b) Officers.--The members of the committee shall annually

elect a chairperson, vice chairperson and secretary from among

the public members appointed to the committee.

(a)(1), (2), (3), (4), (5) and (6) may designate a

representative to serve in his or her stead. A member who

designates a representative shall notify the chairperson in

writing of the designation.

(d) Terms of appointees.--The terms of all members of the

committee appointed by the Governor shall be for three years.

Any member of the committee may be reappointed for an additional

term or terms. Each member shall serve until the appointment

of a successor.

(e) Meetings and expenses.--

(1) The committee shall meet at least four times every

12 months but may hold such additional meetings as are called

by the chairperson or by petition of at least six committee

members.

(1.1) The chairperson shall provide notice at least 14

days in advance for regular meetings and shall provide a

minimum of three days' notice for special meetings.

(1.2) A majority of the members shall constitute a

quorum for the conduct of business. The secretary shall

maintain a record of meeting attendance by members and shall

provide written notice to appointed members who miss three

consecutive meetings. Four consecutive committee meeting

absences by an appointed member shall be grounds for removal

if affirmed by a majority vote of the committee.

(2) Minutes of meetings shall be prepared by the

secretary and filed with the committee and distributed to

all members. All records shall be a matter of public record.

(3) The public members of the committee shall be allowed

actual, necessary and reasonable per diem expenses in

accordance with regulations of the Executive Board. The

department shall provide appropriate staff support to enable

the committee to properly carry out its function.

(f) Powers and duties.--The committee shall have the power

and duty to assess, evaluate and recommend standards for the

safe operation of motor carriers in this Commonwealth,

including, but not limited to, the following objectives:

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(3) (Deleted by amendment).

(4) (Deleted by amendment).

(5) (Deleted by amendment).

(6) (Deleted by amendment).

(7) (Deleted by amendment).

(8) Study the feasibility of improving highway safety

and freight transportation on highways and develop a policy

periodically on the most pressing issues facing motor carrier

safety.

(9) Examine and recommend motor carrier safety

initiatives for strategic plans of the department, the

Pennsylvania Public Utility Commission and the Pennsylvania

State Police.

(10) Advise and comment on all phases of motor carrier

safety activities being undertaken or financially assisted

by the department and agencies of the Commonwealth.

(11) With assistance from the department, provide advice

and recommendations to businesses, manufacturers, educational

institutions, technology developers, the motor carrier

industry, labor communities and local governments related

to motor carrier safety.

(12) Develop and maintain a forum for the exchange of

ideas, needs, objectives, plans and accomplishments related

to motor carrier safety.

(g) Reports.--The committee shall submit annual reports of

its deliberations, conclusions and recommendations to the

Governor, the Secretary of Transportation and members of the

General Assembly.

(July 11, 2022, P.L.1585, No.90, eff. 60 days)

CHAPTER 79

MOTORCYCLES

Subchapter

A. General Provisions

B. Motorcycle Safety Education

Enactment. Chapter 79 was added March 29, 1984, P.L.159,

No.31, effective in 90 days.

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

7901. Short title of chapter.

7902. Definitions.

7903. Waiver of examination.

7904. Fees.

7905. Restricted receipts account.

§ 7901. Short title of chapter.

This chapter shall be known and may be cited as the

Motorcycle Safety Law.

§ 7902. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

"Approved motorcycle safety course." A course of motorcycle

safety education approved by the department and offered by

public schools or other organizations which meet instructional,

course and teacher certification requirements of this

Commonwealth.

"Motorcycle Safety Education Account." A restricted receipts

account established from fees assessed by this chapter.

§ 7903. Waiver of examination.

Applicants who have successfully completed an approved

motorcycle safety course shall be deemed to have met the

requirements of the motorcycle operator's license examination

administered by the department and the examination shall be

waived.

§ 7904. Fees.

Fees relating to motorcycle licenses for motorcycle operators

to be collected by the department under this chapter shall be

in addition to any other fees imposed under the provisions of

this title and are as follows:

(1) An additional fee of $5 shall be assessed and

collected for each original motorcycle operator's license.

(2) An additional fee of $5 shall be assessed and

collected for each annual renewal of a motorcycle operator's

license.

(3) An additional fee of $5 shall be assessed and

collected for each motorcycle learner's permit.

(4) An additional fee of $5 shall be assessed and

collected for each replacement motorcycle operator's license.

(Oct. 2, 2002, P.L.801, No.114, eff. 6 months)

§ 7905. Restricted receipts account.

The department shall deposit all moneys received from the

additional fees collected under this chapter in a restricted

receipts fund, which shall be known as the Motorcycle Safety

Education Account, and such moneys shall be applied to the costs

incurred in administering and conducting motorcycle safety

education programs.

SUBCHAPTER B

MOTORCYCLE SAFETY EDUCATION

Sec.

7911. Motorcycle safety education program.

§ 7911. Motorcycle safety education program.

(a) General rule.--The department shall establish a

motorcycle safety education program throughout this

Commonwealth. It shall approve and conduct an annual review of

course material for authorized schools. It shall certify all

instructors and shall include a uniform curriculum for the

course of instruction and training requirements for instructors.

The department shall be responsible for certifying schools to

conduct approved motorcycle safety courses and shall adopt such

necessary rules and regulations to govern the administration

of motorcycle education within this Commonwealth.

(b) Exemption from liability.--The owner of land who

authorizes his property to be used for the purposes of an

approved motorcycle safety education program as provided in

subsection (a) shall not be held civilly liable for any injury

or death to persons or damage to property that may occur during

the course of instruction or training, except for willful or

malicious failure to warn against a dangerous condition, use,

structure or activity.

(Nov. 22, 2011, P.L.416, No.103, eff. 60 days)

CHAPTER 80

SPECIAL PROGRAMS

Subchapter

A. Persons with Disabilities Shared-Ride Pilot Program

Enactment. Chapter 80 was added June 26, 2001, P.L.734,

No.75, effective in 60 days.

SUBCHAPTER A

PERSONS WITH DISABILITIES SHARED-RIDE PILOT PROGRAM

Sec.

8001. Persons with disabilities shared-ride pilot program.

§ 8001. Persons with disabilities shared-ride pilot program.

The department shall establish or administer a shared-ride

pilot program for persons with disabilities, authorizing grants

to eligible applicants as determined by the department. The

department is further authorized to take any action that will

facilitate the gathering or analyzing of information developed

by the pilot program.

CHAPTER 81

INTERSTATE COMPACTS AND AGREEMENTS

Subchapter

A. Bus Taxation Proration Agreement (Repealed)

B. Vehicle Equipment Safety Compact (Repealed)

Enactment. Chapter 81 was added June 17, 1976, P.L.162,

No.81, effective July 1, 1977.

SUBCHAPTER A

BUS TAXATION PRORATION AGREEMENT

(Repealed)

1992 Repeal. Subchapter A (§§ 8101 - 8105) was added June

17, 1976, P.L.162, No.81, and repealed June 11, 1992, P.L.266,

No.47, effective in 60 days. Section 14 of Act 47 provided that

the repeal of Subchapter A shall apply on the first day of the

first quarter beginning at least three months after the

effective date of the repeal.

SUBCHAPTER B

VEHICLE EQUIPMENT SAFETY COMPACT

(Repealed)

1982 Repeal. Subchapter B (§§ 8111 - 8122) was added June

17, 1976, P.L.162, No.81, and repealed February 11, 1982,

P.L.32, No.20, effective immediately.

CHAPTER 83

HAZARDOUS MATERIALS TRANSPORTATION

Sec.

8301. Legislative findings.

8302. Powers and duties of department.

8303. Correspondence with Federal regulations.

8304. Right of entry.

8305. Injunctions and other remedies.

8306. Penalties.

8307. Hazardous Materials Transportation Advisory Committee.

8308. Report to the General Assembly.

Enactment. Chapter 83 was added June 30, 1984, P.L.473,

No.99, effective immediately.

Special Provisions in Appendix. See section 5 of Act 99 of

1984 in the appendix to this title for special provisions

relating to status of existing rules and regulations.

Cross References. Chapter 83 is referred to in sections

102, 4704, 6103 of this title; section 3302 of Title 18 (Crimes

and Offenses).

§ 8301. Legislative findings.

(a) Essential nature.--It is hereby found as a fact that

hazardous materials are essential for various industrial,

commercial and other purposes, that their transportation is a

necessary incident of their use and, therefore, that such

transportation is required for the employment and economic

prosperity of the people. It is also found as a fact that the

transportation of hazardous materials may involve risk of injury

to persons and damage to property and that the degree of the

risk can and should be kept at a minimum consistent with

technical feasibility and economic reasonableness.

(b) Balance of interests.--The purpose of this chapter and

the primary standard by which it shall be administered is to

so regulate the transportation of hazardous materials and assure

compliance with the regulations promulgated pursuant to this

chapter that there is established and maintained a reasonable

balance between the interests of the people in the safety of

themselves and their property, on the one hand, and the

interests of the people and their employment and economic

prosperity on the other.

§ 8302. Powers and duties of department.

The department shall have the following powers and duties:

(1) Administer the hazardous materials transportation

program pursuant to this chapter.

(2) Classify hazardous materials according to the nature

and degree of risk involved in their transportation and apply

separate regulations to each class.

(3) Adopt regulations pertaining to methods of packing,

loading and unloading hazardous materials; to the

specifications, marking, inspection, condition and equipment

of vehicles transporting such substances; to qualification

of drivers and other matters relating to operation of such

vehicles; to routing and parking of such vehicles, except

that such regulations may not supersede ordinances of local

authorities and all other factors which affect the nature

or degree of risk involved in transportation of hazardous

materials.

(4) Declare any material to be a hazardous material and

thereby subject its transportation to this chapter.

(5) Issue permits and specify the terms and conditions

thereof, exempting cargo tanks used solely for intrastate

transportation and trucks used solely for the transportation

of combustible liquids from Federal design specifications.

The permits shall be issued upon meeting testing requirements

established by department regulation and shall be valid for

a period of two years.

(6) Inspect vehicles and investigate all other matters

relating to the safe transportation of hazardous materials

on any highway in this Commonwealth including the

Pennsylvania Turnpike.

(7) Delegate enforcement of all or parts of these

regulations to one or more of the several departments and

commissions represented on the Hazardous Materials

Transportation Advisory Committee who meet training criteria

specified by department regulation. Delegation shall be

accomplished through cooperative agreements and become

effective upon publication in the Pennsylvania Bulletin.

(8) Enter into cooperative agreements with the Federal

Government relating to the regulation of the highway

transportation of hazardous materials.

Cross References. Section 8302 is referred to in sections

4102, 8304 of this title; section 4150 of Title 3 (Agriculture).

§ 8303. Correspondence with Federal regulations.

In the case of any person who is subject to Federal

regulations pertaining to the transportation of hazardous

materials, the department's regulations shall, and in any other

case may, as far as practicable, correspond with such Federal

regulations. It is the purpose of this section to avoid, as far

as practicable, the imposition of conflicting regulations upon

persons who operate vehicles subject to Federal regulations,

pertaining to the transportation of hazardous materials. It is

also the purpose of this section to empower, but not require,

the department to prescribe, for persons not subject to the

Federal regulations, regulations identical with or similar to

those Federal regulations pertaining to the transportation of

hazardous materials.

§ 8304. Right of entry.

Every motor carrier shall allow any department field

investigator, member of the Pennsylvania State Police or other

person delegated enforcement authority in accordance with

section 8302(7) (relating to powers and duties of department)

to enter upon and inspect the business premises of the motor

carrier, including vehicles and other equipment located thereon,

at all reasonable times for the purpose of determining whether

the motor carrier is in compliance with this chapter and

pertinent regulations, and shall make available to such person

for inspection and copying all accounts, books, records,

memoranda, correspondence and other documents which may

reasonably relate to such determination.

§ 8305. Injunctions and other remedies.

(a) Restraining orders.--The Attorney General, upon request

of the department or upon his own motion, may proceed in the

name of the Commonwealth, by injunction, mandamus, quo warranto

or other appropriate remedy at law or in equity, criminal or

civil, to restrain violations of the department's hazardous

materials regulations or orders or to enforce obedience thereto.

(b) Long arm provision.--Whenever the Attorney General shall

have reason to believe that a person has violated any regulation

or order of the department but is outside the jurisdiction of

this Commonwealth, the Attorney General may petition the court

for an order authorizing the seizure and confiscation of such

person's vehicles or hazardous materials wherever and whenever

they may be found in this Commonwealth.

§ 8306. Penalties.

(a) Offenses defined.--Any person who violates any provision

of this chapter, any rule or regulation of the department, any

order of the department or any condition of any permit issued

pursuant to this chapter commits a summary offense and, upon

conviction, the person shall be subject to a fine of not less

than $50 nor more than $1,000 for each separate offense, and,

in default of the payment of the fine, shall be imprisoned for

a period of 90 days.

(b) Willful violations.--Any person who willfully violates

any provision of this chapter, any rule or regulation of the

department, any order of the department or any condition of any

permit issued pursuant to this chapter commits a misdemeanor

of the third degree and, upon conviction, shall be subject to

a fine of not less than $1,000 nor more than $25,000 for each

separate offense or to imprisonment in the county jail for a

period of not more than one year, or both.

a conviction of a misdemeanor for any violation within two years

as provided in this section, willfully violates any provision

of this chapter, any rule or regulation of the department, any

order of the department or any condition of any permit issued

pursuant to this chapter commits a misdemeanor of the second

degree and, upon conviction, shall be subject to a fine of not

less than $2,500 nor more than $50,000 for each separate offense

or to imprisonment for a period of not more than two years, or

both.

(d) Continuing violations.--Each day of continued violation

of any provision of this chapter, any rule or regulation of the

department, any condition of any permit or order of the

department issued pursuant to this chapter shall constitute a

separate offense.

(e) Jurisdiction.--All summary proceedings under the

provisions of this chapter may be brought before any magisterial

district judge of the county where the offense occurred or in

the county where the public is affected, and to that end

jurisdiction is hereby conferred upon the magisterial district

judges, subject to appeal by either party in the manner provided

by law for appeals from summary convictions. It shall be the

duty of the district attorney of the county to represent the

interests of the Commonwealth.

(f) Shipping documents.--A properly prepared shipping

document shall be prima facie evidence of the contents of a

vehicle carrying hazardous materials.

(June 19, 1985, P.L.49, No.20, eff. 60 days; Nov. 30, 2004,

P.L.1618, No.207, eff. 60 days)

2004 Amendment. Act 207 amended subsec. (e). See section

29 of Act 207 in the appendix to this title for special

provisions relating to construction of law.

1985 Amendment. Act 20 added subsec. (f).

§ 8307. Hazardous Materials Transportation Advisory Committee.

(a) Membership.--There shall be a Hazardous Materials

Transportation Advisory Committee appointed by the secretary.

The committee shall be composed of an authorized representative

from the Department of Transportation, who shall chair the

committee, the Office of Attorney General, the Department of

Health, the Department of Environmental Resources, the

Pennsylvania State Police, the Pennsylvania Emergency Management

Agency and the Pennsylvania Public Utility Commission and

representatives of the hazardous materials industry and the

public as follows:

(1) A manufacturer or shipper.

(2) A consignee or user.

(3) A common carrier.

(4) A private carrier.

(5) A representative of the fire services.

(6) A representative of the emergency medical services.

(7) A representative with highway safety experience.

(8) A member from the general public.

(9) Others deemed appropriate by the secretary.

(b) Duties.--The committee may review all regulations and

advise the department on all matters concerning the highway

transportation of hazardous materials.

References in Text. The Department of Environmental

Resources, referred to in subsec. (a), was abolished by Act 18

of 1995. Its functions were transferred to the Department of

Conservation and Natural Resources and the Department of

Environmental Protection.

§ 8308. Report to the General Assembly.

Within one year of the effective date of this chapter, the

secretary shall cause to be filed in the offices of the

Secretary of the Senate and the Chief Clerk of the House of

Representatives a report explaining the department's efforts

to:

(1) Appoint all members of the Hazardous Materials

Transportation Advisory Committee representing private

interests and the public.

(2) Conduct terminal inspections and road checks in a

uniform manner across this Commonwealth.

(3) Utilize Federal funds to the fullest extent

practicable.

(4) Coordinate inspections with the United States Office

of Motor Carrier Safety.

CHAPTER 85

HIGHLY AUTOMATED VEHICLES

Subchapter

A. Preliminary Provisions

B. Highly Automated Vehicles

C. Personal Delivery Devices

Enactment. Chapter 85 was added October 24, 2018, P.L.729,

No.117, effective in 180 days.

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

8501. Definitions.

Subchapter Heading. The heading of Subchapter A was added

November 1, 2020, P.L.1064, No.106, effective in 90 days.

§ 8501. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

"Advisory committee." The Highly Automated Vehicle Advisory

Committee established in section 8503 (relating to Highly

Automated Vehicle Advisory Committee).

"Certificate of compliance." A certificate authorizing the

operation of a highly automated vehicle in accordance with

Subchapter B (relating to highly automated vehicles).

"DDT fallback." A response by a highly automated vehicle

driver or ADS to either perform a DDT or achieve a minimal-risk

condition after occurrence of a DDT performance-relevant system

failure or upon an operational design domain exit.

"Dynamic driving task" or "DDT." Real-time operational and

tactical functions required to operate a motor vehicle on a

highway, excluding strategic functions such as trip scheduling

and selection of destinations and waypoints, and including,

without limitation:

(1) Lateral vehicle motion control via steering.

(2) Longitudinal motion control via acceleration and

deceleration.

(3) Monitoring the driving environment via object and

event detection, recognition, classification and response

preparation.

(4) Object and event response execution.

(5) Maneuver planning.

(6) Enhancing conspicuity via lighting, signaling and

gesturing.

"Highly automated work zone vehicle." A motor vehicle used

in an active work zone as implemented by the department or the

Pennsylvania Turnpike Commission, as applicable, for purposes

related to the active work zone that is:

(1) equipped with an automated driving system; or

(2) connected by wireless communication or other

technology to another vehicle allowing for coordinated or

controlled movement.

"Minimal risk condition." A stable, stopped condition to

which an individual, a highly automated vehicle driver or ADS

may bring a highly automated vehicle after performing a DDT

fallback in order to reduce the risk of a crash when a given

trip cannot or should not be continued.

"Operational design domain" or "ODD." Operating conditions

under which a given ADS is specifically designed to function,

including, but not limited to, environmental, geographical and

time-of-day restrictions and the requisite presence or absence

of certain traffic or highway characteristics.

"Platoon." A group of buses, military vehicles or motor

carrier vehicles traveling in a unified manner at electronically

coordinated speeds at following distances that are closer than

would be reasonable and prudent without the coordination. The

term does not include a school bus or a school vehicle.

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added the defs. of "certificate of

compliance," "DDT fallback," "dynamic driving task" or "DDT,"

"highly automated workzone vehicle," "minimal risk condition,"

"operational design domain" or "ODD" and "platoon."

SUBCHAPTER B

HIGHLY AUTOMATED VEHICLES

Sec.

8502. Highly automated vehicles.

8503. Highly Automated Vehicle Advisory Committee.

8504. Certificate of compliance required.

8505. Powers of department.

8506. Self-certification.

8507. Self-certification review.

8508. Operation requirements.

8509. Commercial operation.

8510. Local governance.

8510.1. Enforcement and penalties.

8510.2. Regulations and guidelines.

8510.3. Confidential records.

8510.4. Appeals.

8510.5. Interstate agreements.

Subchapter Heading. The heading of Subchapter B was added

November 1, 2020, P.L.1064, No.106, effective in 90 days.

Cross References. Subchapter B is referred to in sections

102, 8501 of this title.

§ 8502. Highly automated vehicles.

The department shall be the lead Commonwealth agency on

highly automated vehicles.

(a) General rule.--(Deleted by amendment).

(b) Highly automated work zone vehicles.--(Deleted by

amendment).

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

§ 8503. Highly Automated Vehicle Advisory Committee.

(a) Establishment.--The Highly Automated Vehicle Advisory

Committee is established within the department.

(b) Composition.--The advisory committee shall consist of

the following members:

(1) The secretary, who shall serve as the chairperson

of the advisory committee.

(2) The Secretary of Community and Economic Development.

(3) The Insurance Commissioner.

(4) The Secretary of Labor and Industry.

(5) The Commissioner of Pennsylvania State Police.

(6) The Chief Executive Officer of the Pennsylvania

Turnpike Commission.

(6.1) The chairperson of the Pennsylvania Public Utility

Commission.

(7) The chairperson and minority chairperson of the

Transportation Committee of the Senate.

(8) The chairperson and minority chairperson of the

Transportation Committee of the House of Representatives.

(9) The following members to be appointed by the

Governor:

(i) One member representing a transit authority

located in this Commonwealth.

(ii) One member representing an educational or

research institution located in this Commonwealth engaged

in developing highly automated vehicles.

(iii) One member representing a technology company

engaged in developing highly automated vehicles.

(iv) One member representing a vehicle manufacturer

engaged in developing highly automated vehicles.

(v) One member representing bicyclists, pedestrians

or motorcyclists in this Commonwealth.

(vi) One member representing drivers or consumers

in this Commonwealth.

(vii) One member representing a municipality of

this Commonwealth.

(viii) One member representing platoon operations.

(ix) One member representing an insurance company,

association or exchange who is authorized to transact

the business of motor vehicle insurance in this

Commonwealth.

(x) Two members representing different labor

organizations in this Commonwealth.

(xi) One member representing Pennsylvanians with

disabilities.

(xii) One member representing a company engaged in

the development of highly automated motor carrier

vehicles.

been vacant for 120 days, an appointment shall be made on a

rotating basis by the President pro tempore of the Senate and

the Speaker of the House of Representatives to fill the vacancy.

(d) Alternates.--An advisory committee member under

subsection (b)(2), (3), (4), (5), (6), (7) or (8) may designate

an alternate to serve in the member's absence. The advisory

committee member shall notify the chairperson of the advisory

committee in writing of the designation.

(e) Alternate for secretary.--The secretary may designate

an alternate under subsection (b)(1) who must be a deputy

secretary.

(f) Terms.--An advisory committee member may be reappointed

for additional terms. The terms of advisory committee members

appointed by the Governor under subsection (b)(9) shall be three

years. An individual appointed to fill a vacancy on the advisory

committee under subsection (b) shall serve for the unexpired

term and shall be eligible for reappointment.

(g) Meetings and expenses.--The following shall apply:

(1) The advisory committee shall meet at least three

times annually but may hold additional meetings as are called

by the chairperson of the advisory committee. The chairperson

shall provide notice at least 14 days in advance for regular

meetings and shall provide a minimum of three days' notice

for special meetings.

(2) A record of meeting attendance shall be maintained,

and appointed members shall receive written notice if two

consecutive meetings are missed. An appointed member under

subsection (b)(9) who misses three consecutive meetings

without good cause acceptable to the chairperson of the

advisory committee may be replaced by the Governor.

(3) Minutes of the meetings shall be prepared and filed

with the advisory committee and distributed to each member.

Each record shall be a matter of public record.

(4) An appointed member under subsection (b)(9) may not

receive per diem expenses.

(5) The department shall provide appropriate staff

support to enable the advisory committee to properly carry

out the advisory committee's functions.

(h) Powers.--The advisory committee shall have the power

to advise and consult the secretary on each aspect of highly

automated vehicles and platooning in this Commonwealth and may

undertake any of the following:

(1) Developing technical guidance.

(2) Evaluating best practices.

(3) Reviewing existing laws, regulations and guidelines.

(4) Engaging in continued research and evaluation of

connected and automated systems technology necessary to

ensure safe testing, deployment and continued innovation in

this Commonwealth.

(5) Evaluating accidents, based on summaries prepared

by the department, if the certificate holder or highly

automated vehicle driver was determined to be at fault.

(6) Evaluating workforce impacts, based on summaries

prepared by the department in consultation with the

Department of Labor and Industry, and how the Federal

Government and the Commonwealth are supporting the workforce

as a result of automation.

(i) Annual report.--The department shall provide an annual

report of the activities of the advisory committee under

subsection (h) on the department's publicly accessible Internet

website.

(j) Special reports.--Beginning as soon as practicable, but

no later than 18 months after the effective date of this

subsection, the advisory committee shall submit an annual report

that evaluates the impact of highly automated vehicles

authorized by this chapter on this Commonwealth. The report

shall be submitted to the chairperson and minority chairperson

of the Transportation Committee of the Senate and the

chairperson and minority chairperson of the Transportation

Committee of the House of Representatives and posted on the

department's publicly accessible Internet website. The report

shall evaluate the following with respect to highly automated

vehicles authorized by this chapter:

(1) Benefits and implications to this Commonwealth's

workforce.

(2) Economic benefits and implications to this

Commonwealth.

(3) Improvements to accessibility and mobility for

persons with disabilities.

(4) Improvements to mobility options for the general

public.

(5) Suggested changes to the laws of this Commonwealth.

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 amended subsecs. (b) and (h) and

added subsec. (j).

Cross References. Section 8503 is referred to in section

8501 of this title.

§ 8504. Certificate of compliance required.

(a) Prohibition.--Except as provided in subsection (b), no

person may operate on a highway in this Commonwealth a highly

automated vehicle, unless:

(1) the firm, copartnership, association, corporation

or educational or research institution is a certificate

holder or is a highly automated vehicle driver approved by

a certificate holder to operate a highly automated vehicle

on behalf of the certificate holder; and

(2) the highly automated vehicle is operated in

accordance with this title.

(b) Applicability.--Subsection (a) shall not apply to:

(1) A highly automated work zone vehicle operated in

accordance with section 8531 (relating to highly automated

work zone vehicles).

(2) A platoon operated in accordance with section 8532

(relating to platooning).

(3) A highly automated vehicle registered in another

state operating in this Commonwealth under an interstate

agreement in accordance with section 8510.5 (relating to

interstate agreements).

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added section 8504.

Cross References. Section 8504 is referred to in section

8510.1 of this title.

§ 8505. Powers of department.

(a) General powers.--To ensure the safety of motorists and

the general public, except as permitted under section 8509

(relating to commercial operation), the department has sole

regulatory authority over the operation of highly automated

vehicles on highways within this Commonwealth consistent with

this title and Federal law or regulation.

(b) Specific powers and duties.--Except as provided for in

subsection (c), the department has the following specific powers

and duties:

(1) By order of the secretary, to prohibit the use of

a highly automated vehicle on a highway where the secretary

determines that the operation of the highly automated vehicle

would constitute a hazard.

(2) To require a certificate holder to self-report to

the department an accident in this Commonwealth involving

the certificate holder's highly automated vehicle if the

accident resulted in bodily injury, serious bodily injury,

death or damage to property. The department shall establish

the time frame in which to self-report an accident to the

department, provided that the time frame is no less than six

hours from the occurrence of the accident.

(3) To display on the department's publicly accessible

Internet website, the following:

(i) A list of certificate holders, including:

(A) Location information where the highly

automated vehicle is expected to operate.

(B) The name and contact information for

accident claims, including the registered agent for

service of process.

(ii) Orders issued by the secretary under paragraph

(1).

(iii) Policies, regulations or guidelines issued

by the department under this subchapter.

(4) By order of the secretary, to collect the following

information on a periodic basis:

(i) The process an emergency service responder

should follow when a highly automated vehicle without a

highly automated vehicle driver on board is disabled or

involved in an accident.

(ii) If applicable, the highly automated vehicle

driver information, including name, driver's license

number, state or country issued and a summary of any

training received to operate the highly automated

vehicle.

(iii) A description of whether the highly automated

vehicle will transport passengers or goods. If the highly

automated vehicle will not be transporting passengers

or goods, a description of the service or function being

provided by the highly automated vehicle.

(iv) Location information, including a list of

municipalities where the highly automated vehicle is

expected to operate.

(5) To establish policies, regulations or guidelines

reasonably necessary to implement this subchapter.

department is prohibited from establishing a policy, regulation

or guideline under this subchapter that:

(1) requires a highly automated vehicle driver to obtain

another additional license, approval or similar

authorization, other than the appropriate driver's license

and endorsement, according to the type and class of motor

vehicle equipped with an automated driving system that the

highly automated vehicle driver operates;

(2) is inconsistent with Federal law, regulation or

guidance relating to highly automated vehicles;

(3) prohibits or restricts a highly automated vehicle

driver from operating a certificate holder's highly automated

vehicle to control all or part of the DDT unless the highly

automated vehicle driver has been convicted of one or more

moving violations within the past 365 days; or

(4) prohibits or restricts a certificate holder's highly

automated vehicle from operating without a highly automated

vehicle driver in a manner that is inconsistent with the

provisions of section 8508(b) and (e) (relating to operation

requirements) and section 8510.1(b) (relating to enforcement

and penalties).

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added section 8505.

§ 8506. Self-certification.

(a) Form.--A self-certification for a certificate of

compliance shall be submitted on a form and in a manner

determined by the department. The form shall be consistent with

this subchapter and may not impose any additional requirements

upon the operation of a highly automated vehicle that are

inconsistent with this title or Federal law or regulation.

(b) Contents of form.--A self-certification form submitted

to the department under subsection (a) shall include the

following:

(1) The name, address and contact information of the

applicant, including a principal point-of-contact for the

applicant's accident claims and registered agent for service

of process.

(2) Vehicle identification information, proof of current

registration and any other information ordered by the

secretary.

(3) Proof of insurance as required under section 8508(f)

(relating to operation requirements).

(4) A safety management plan that describes the safety

elements in the development and management of the highly

automated vehicle, including the safety elements of the

highly automated vehicle's operational design domain, ADS

and, if applicable, the highly automated vehicle driver.

(5) Nonproprietary documentation submitted to the

National Highway Traffic Safety Administration for the highly

automated vehicle and ADS, including any exemptions received

from the National Highway Traffic Safety Administration.

(6) Consent to the following:

(i) The highly automated vehicle shall operate in

compliance with this title and Federal law or regulation.

(ii) The jurisdiction of courts of this Commonwealth

for actions arising out of or resulting from any accident

involving the highly automated vehicle in this

Commonwealth.

(7) Any information or records deemed reasonably

necessary to aid the department's review of the submitted

application and for the administration and enforcement of

and ongoing compliance with this title.

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added section 8506.

Cross References. Section 8506 is referred to in sections

8507, 8510.1, 8510.3 of this title.

§ 8507. Self-certification review.

(a) Review and issuance.--The department shall review a

self-certification form submitted under section 8506 (relating

to self-certification). If a self-certification form is not

rejected by the department within 30 days of the date of receipt

by the department, the self-certification form shall be

considered complete and a certificate of compliance shall be

issued to the applicant. The department may only reject a

self-certification form for any of the following reasons:

(1) The form is incomplete.

(2) The information contained in the form does not

certify that that the applicant's highly automated vehicle

or the automated driving system installed in the highly

automated vehicle, as applicable, meets the requirements of

this title.

(3) The form contains materially inaccurate information

and the applicant is not responsive to clarifying questions.

(b) Effective period.--

(1) The department may not require renewal of a

certificate of compliance issued under this subchapter.

(2) An applicant for a certificate of compliance who,

prior to the effective date of this section, operated a

highly automated vehicle in accordance with automated vehicle

testing guidance established by the department prior to the

effective date of this section may continue to operate the

highly automated vehicle without a certificate of compliance

on highways pending the review of a self-certification form

if the following criteria are met:

(i) The applicant has submitted a self-certification

form for a certificate of compliance to the department.

(ii) The department has not denied the

self-certification form.

(iii) The department has not issued a notice, in

writing, to the applicant prohibiting continued HAV

operation while the department reviews the

self-certification form.

(iv) The highly automated vehicle is operated in

accordance with this subchapter.

continue to provide information or records that may be required

by the department and reasonably necessary for the

administration and enforcement of this subchapter. By order of

the secretary, a certificate holder shall provide information

or records if there is a specific safety concern.

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added section 8507.

§ 8508. Operation requirements.

(a) General rule.--A certificate holder may operate, subject

to the operation requirements of this section, a highly

automated vehicle with or without a highly automated vehicle

driver on a highway in this Commonwealth.

(b) Driverless operation.--A highly automated vehicle may

operate on a highway without a highly automated vehicle driver,

subject to the following:

(1) The ADS must be engaged.

(2) The HAV must be capable of operating in compliance

with applicable traffic and motor vehicle safety provisions

of this title, unless the exemption has been granted by the

department.

(3) If a failure of an ADS occurs which renders the ADS

unable to perform the entire DDT within the intended ODD,

the highly automated vehicle must achieve a minimal risk

condition.

operate on a highway with a highly automated vehicle driver,

subject to the following:

(1) A highly automated vehicle driver may control all

or part of a highly automated vehicle's DDT.

(2) If a failure of an ADS renders the ADS unable to

perform the entire DDT within the intended ODD, the highly

automated vehicle or the highly automated vehicle driver

must achieve a minimal risk condition.

(d) Vehicle markings.--The following shall apply:

(1) When required under Federal law or regulation, a

highly automated vehicle shall bear any required

manufacturer's certification labels indicating that the

highly automated vehicle has been certified to be in

compliance with all applicable Federal motor vehicle safety

standards, including reference to any exemption granted by

the National Highway Traffic Safety Administration.

(2) In consultation with the State Police, the

department shall establish standards for an external-facing

visual identifier for a certificate holder's highly automated

vehicle that provides owner, vehicle and financial

responsibility information for reportable and nonreportable

accidents.

(e) HAV drivers.--A highly automated vehicle driver shall

be properly licensed under this title to operate the appropriate

type and class of motor vehicle.

(f) Insurance and liability.--The following shall apply:

(1) A certificate holder of a highly automated vehicle

shall maintain the ability to respond in damages for

liability on account of accidents arising out of the

maintenance or use of a highly automated vehicle and in the

minimum amount of $1,000,000 per accident for death, bodily

injury and property damage to a third party. The financial

responsibility required under this subsection shall be

evidenced by insurance placed with either an insurer that

has obtained a certificate of authority under section 208

of the act of May 17, 1921 (P.L.789, No.285), known as The

Insurance Department Act of 1921, or a surplus lines insurer

eligible under section 1605 of the act of May 17, 1921

(P.L.682, No.284), known as The Insurance Company Law of

1921, or through any other form, including self-insurance,

acceptable to and approved by the department, in consultation

with the Insurance Department. Financial responsibility

satisfying the requirements of this subsection shall be

deemed to satisfy the financial responsibility requirements

for a motor vehicle under Chapter 17 (relating to financial

responsibility).

(2) The financial responsibility under this subsection

shall be in addition to any financial responsibility

requirements under 66 Pa.C.S. Ch. 26 (relating to

transportation network service) or 53 Pa.C.S. Ch. 57A

(relating to transportation network companies) if a highly

automated vehicle provides a transportation network service.

(g) Low-speed HAVs.--

(1) A low-speed HAV may not be operated on a highway

with a posted speed limit greater than 35 miles per hour,

except when:

(i) the low-speed HAV is engaged in a legal crossing

of the highway; or

(ii) the low-speed HAV is permitted, by order of

the secretary, to be operated on the highway.

(2) A low-speed HAV may not be operated on a freeway.

(3) As used in this subsection, the term "low-speed

HAV" shall mean a highly automated vehicle that is in

compliance with the Federal safety standards established in

49 CFR 571.500 (relating to Standard No. 500; Low-speed

vehicles), including any exemptions by the National Highway

Traffic Safety Administration, and designed to be operated

without an occupant and used to transport goods. The term

does not include a neighborhood electric vehicle and shall

be considered by the department as a passenger car or truck

for the purposes of title and registration, in accordance

with section 1106 (relating to content and effect of

certificate of title).

(h) HAV title required.--A highly automated vehicle may not

operate on a highway in this Commonwealth unless the vehicle

is titled as a highly automated vehicle in accordance with

section 1106 or under the laws or regulations of another

jurisdiction of the United States.

(i) Notice.--A certificate holder shall notify in writing

the governing body of the municipality of the intent to operate

a highly automated vehicle within the boundaries of the

municipality at least 10 days prior to commencing operations.

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added section 8508.

Cross References. Section 8508 is referred to in sections

8505, 8506 of this title.

§ 8509. Commercial operation.

(a) Motor carriers.--A highly automated vehicle that is

also a motor carrier vehicle that requires a commercial driver's

license under section 1606 (relating to requirement for

commercial driver's license) may operate on highways as a motor

carrier with or without a highly automated vehicle driver. A

highly automated vehicle operated without a highly automated

vehicle driver shall operate under Federal and State law or

regulation governing the operation of commercial vehicles and

drivers, except provisions that by their nature reasonably apply

only to a driver shall not apply to a highly automated vehicle.

(b) Applicability of Public Utility Code.--

(1) The provisions of 66 Pa.C.S. (relating to public

utilities) shall apply to a certificate holder and the

certificate holder's highly automated vehicles, except for

provisions that by their nature reasonably apply only to a

driver shall not apply to a highly automated vehicle.

(2) Except as provided for in paragraph (3), nothing

contained in this subchapter shall be construed to prohibit

the Pennsylvania Public Utility Commission from requiring

an authorization, license or approval from a certificate

holder for the operation of a highly automated vehicle if

the authorization, license or approval requirement is

consistent with 66 Pa.C.S. and does not discriminate against

a highly automated vehicle.

(3) Notwithstanding paragraph (2), the Pennsylvania

Public Utility Commission may not require an authorization,

license or approval from a certificate holder if the

certificate holder:

(i) is not directly providing a commercial service

regulated by the Pennsylvania Public Utility Commission;

and

(ii) is only providing a highly automated vehicle

to another person that holds an authorization, license

or approval from the Pennsylvania Public Utility

Commission for use in a commercial service regulated by

the Pennsylvania Public Utility Commission.

(4) Except as provided for in subsection (c), a

transportation network company licensed by the Pennsylvania

Public Utility Commission may utilize a certificate holder's

highly automated vehicle to provide transportation network

services under 66 Pa.C.S. Ch. 26 (relating to transportation

network service).

(1) A transportation network company licensed by a

parking authority of a city of the first class may utilize

a certificate holder's highly automated vehicle to provide

transportation network services under 53 Pa.C.S. Ch. 57A

(relating to transportation network companies).

(2) The provisions of 53 Pa.C.S. Ch. 57A shall apply

to a highly automated vehicle as described in paragraph (1),

except for provisions that by their nature do not apply to

a driver of a highly automated vehicle when the highly

automated vehicle is operated without a highly automated

vehicle driver.

(d) Limitation.--The Pennsylvania Public Utility Commission

under subsection (b) and a parking authority of a city of the

first class under subsection (c) may not require, including as

a requirement of an authorization, license or approval:

(1) A highly automated vehicle to be operated with a

highly automated vehicle driver.

(2) Additional testing requirements for a highly

automated vehicle.

(3) Operational standards for a highly automated vehicle

that are substantially dissimilar to operational standards

for a motor vehicle operating without an automated driving

system.

(4) Compliance with additional standards related to a

highly automated vehicle's automated driving system, ODD,

DDT or DDT fallback.

(e) Commercial restrictions.--A highly automated vehicle

may not:

(1) be operated as a school bus or school vehicle; or

(2) carry hazardous materials as defined in section 102

(relating to definitions) provided, however, that this

prohibition does not apply to transporting articles and

substances prepared in accordance with 49 CFR 172.315

(relating to limited quantities) or that otherwise do not

require placarding pursuant to the Federal Hazardous

Materials Regulations (49 C.F.R. Part 100 et seq.), unless

the certificate holder receives certification from the

department following the promulgation of regulations.

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added section 8509.

Cross References. Section 8509 is referred to in section

8505 of this title.

§ 8510. Local governance.

(a) Local preemption.--This subchapter preempts and

supersedes all ordinances, policies and rules of a local

authority relating to highly automated vehicles.

(b) Construction.--

(1) Nothing in subsection (a) shall be construed to

prohibit local authorities on streets or highways within

their physical boundaries from the reasonable exercise of

their police powers specified in section 6109 (relating to

specific powers of department and local authorities),

provided that the exercise of the police powers does not

specifically burden or discriminate against highly automated

vehicles.

(2) An ordinance, policy or rule that affects the

operation of the highly automated vehicle as a member of a

type or class of vehicle, motor vehicle or traffic shall not

be a violation of subsection (a).

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added section 8510.

§ 8510.1. Enforcement and penalties.

(a) Enforcement of title.--

(1) The certificate holder is considered a driver of a

highly automated vehicle for the purpose of assessing

compliance under any provision of this title relating to a

driver of a vehicle or motor vehicle, subject to the

following:

(i) If a police officer charges for a violation of

this title, the police officer shall charge the

certificate holder for any applicable offense.

(ii) If there is no HAV driver on board, the

requirements of this title relating to exhibiting a

driver's license and registration card are satisfied if

a vehicle registration card is in the highly automated

vehicle and physically or electronically available for

inspection by a police officer.

(2) (Reserved).

(b) Enforcement by department.--

(1) The department may only suspend or limit a

certificate of compliance for the following reasons:

(i) The certificate holder's highly automated

vehicle or automated driving system does not meet the

applicable requirements of this subchapter.

(ii) The certificate holder submitted materially

false information on the self-certification form

submitted to the department under section 8506 (relating

to self-certification).

(2) The department may only revoke a certificate of

compliance for the following reasons:

(i) The certificate holder knowingly operated a

highly automated vehicle during a time period when the

certificate holder's certificate of compliance was

suspended under paragraph (1).

(ii) The certificate holder knowingly operated a

highly automated vehicle in a manner that violated a

certificate of compliance limitation established by the

department under paragraph (1).

(iii) The certificate holder was convicted of any

of the following violations with respect to a violation

of this title by the certificate holder's highly

automated vehicle when the ADS was engaged and no highly

automated vehicle driver was on board or in a remote

location:

(A) Section 3732 (relating to homicide by

vehicle).

(B) Section 3732.1 (relating to aggravated

assault by vehicle).

(3) Nothing contained in this subchapter shall be

construed to allow the department to suspend, limit or revoke

a certificate of compliance except for the instances

specifically authorized in paragraphs (1) and (2).

(4) The department shall provide a notice and an

opportunity for an administrative hearing to a certificate

holder whose certificate of compliance is suspended, limited

or revoked under paragraphs (1) and (2).

(1) Except as provided for in paragraphs (2) and (3),

a certificate holder that violates a provision of this

subchapter shall be guilty of a summary offense and shall,

upon conviction, be sentenced to pay a fine of not less than

$25 and not more than $1,000.

(2) Except as provided for in paragraph (3), a person

that violates section 8504 (relating to certificate of

compliance required) shall be guilty of a summary offense

and shall, upon conviction, be sentenced to pay a fine of

not less than $500.

(3) A person that knowingly violates section 8504 and

whose certificate of compliance was suspended or revoked by

the department shall be guilty of a summary offense and

shall, upon conviction, be sentenced to pay a fine of not

less than $1,000.

(4) A certificate holder that violates a provision of

this title in which the penalty is a misdemeanor or felony

shall be subject to 18 Pa.C.S. § 307 (relating to liability

of organizations and certain related persons).

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added section 8510.1.

Cross References. Section 8510.1 is referred to in section

8505 of this title.

§ 8510.2. Regulations and guidelines.

(a) General rule.--In order to facilitate the prompt

implementation of this subchapter, the department shall

promulgate regulations or publish guidelines that are consistent

with:

(1) This title.

(2) Federal law or regulations relating to highly

automated vehicles.

(b) Temporary regulations.--Notwithstanding any other

provision of law, and subject to subsection (d), regulations

promulgated by the department under this subchapter during the

two years following the effective date of this section shall

be deemed temporary regulations, which shall expire no later

than three years following the effective date of this section

or upon promulgation of final regulations. The temporary

regulations shall not be subject to:

(1) Section 612 of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929.

(2) Sections 201, 202, 203, 204 and 205 of the act of

July 31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law.

(3) Sections 204(b) and 301(10) of the act of October

15, 1980 (P.L.950, No.164), known as the Commonwealth

Attorneys Act.

(4) The act of June 25, 1982 (P.L.633, No.181), known

as the Regulatory Review Act.

regulations promulgated under subsection (b) to the Legislative

Reference Bureau for publication in the Pennsylvania Bulletin.

(d) Consultation and public comment.--Prior to promulgating

regulations, temporary regulations or publishing guidelines and

policies under this subchapter, the department shall consult

with the advisory committee in a public meeting. The department

shall conduct a 10-day public comment period before promulgating

temporary regulations or publishing guidelines, and the

department shall adhere to the public comment period under the

Regulatory Review Act before promulgating regulations.

(Nov. 3, 2022, P.L.1946, No.130, eff. imd.)

2022 Amendment. Act 130 added section 8510.2.

§ 8510.3. Confidential records.

(a) General rule.--Information, data or records obtained

by the department under this chapter shall not be subject to

the act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law, if:

(1) The information, data or records constitute or

reveal a trade secret or confidential proprietary

information.

(2) Disclosure of the information, data or records could

affect the safe operation of highly automated vehicles.

(b) Disclosure.--Except for information, data or records

not subject to disclosure under the Right-to-Know Law or under

subsection (a), the department shall provide the information

in the certificate of compliance, accident information

consistent with section 3746 (relating to immediate notice of

accident to police department) or the data and information

collected under section 8506(b) (relating to self-certification)

to any requesting municipality where a highly automated vehicle

is operating.

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added section 8510.3.

§ 8510.4. Appeals.

A certificate holder may appeal an action taken by the

department under this subchapter in accordance with 2 Pa.C.S.

Chs. 5 Subch. A (relating to practice and procedure of

Commonwealth agencies) and 7 Subch. A (relating to judicial

review of Commonwealth agency action).

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added section 8510.4.

§ 8510.5. Interstate agreements.

(a) Agreements authorized.--The department may negotiate

one or more interstate agreements on behalf of the Commonwealth

with regulatory agencies of other states for the interstate

operation of highly automated vehicles and platoons approved

for operation in the Commonwealth under this chapter and for

highly automated vehicles and platoons approved for operation

in states that are parties to the agreement.

(b) Approval required.--An interstate agreement negotiated

by the department under subsection (a) shall become effective

upon approval by the Governor.

governing the interstate operation of highly automated vehicles

and platoons consistent with this chapter and the interstate

agreement.

(d) Limitation.--The following shall apply:

(1) An interstate agreement shall only be approved by

the Governor if permitted under Federal law or regulation

and shall be consistent with Federal law or regulation.

(2) An interstate agreement shall ensure that every

highly automated vehicle operated within this Commonwealth

under the agreement is insured or self-insured in the minimum

amount as required by this subchapter.

(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)

2022 Amendment. Act 130 added section 8510.5.

Cross References. Section 8510.5 is referred to in section

8504 of this title.

SUBCHAPTER C

PERSONAL DELIVERY DEVICES

Sec.

8511. Definitions.

8512. General prohibition.

8513. Powers of department.

8514. Application.

8515. Authorization issuance and renewal.

8516. Operation.

8517. Local regulation.

8518. Equipment.

8519. Insurance and liability.

8520. Enforcement.

8521. Criminal penalties.

8522. Application of title.

Enactment. Subchapter C was added November 1, 2020,

P.L.1064, No.106, effective in 90 days.

§ 8511. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

"Authorized entity." A person or an educational institution

holding a PDD authorization.

"Municipality." The term does not include a county.

"Operational phase." Phase 1 or phase 2.

"PDD authorization." An authorization issued by the

department under section 8515 (relating to authorization

issuance and renewal) permitting the operation of a personal

delivery device in accordance with this subchapter.

"PDD operator." An employee of an authorized entity

permitted by the authorized entity to remotely control, monitor

or otherwise operate a personal delivery device on behalf of

the authorized entity as provided under this subchapter. The

term does not include an individual who requests a delivery or

service provided by the personal delivery device or dispatches

the personal delivery device.

"Pedestrian area." A sidewalk, crosswalk, safety zone,

pedestrian tunnel, overhead pedestrian crossing or similar area

for pedestrians.

"Phase 1." The operation of a personal delivery device

through a driving system that allows remote or autonomous

operation by an authorized entity where the device is controlled

remotely and a PDD operator is within 30 feet of the PDD and

within the line of sight of the PDD.

"Phase 2." The operation of a personal delivery device

through a driving system that allows remote or autonomous

operation by an authorized entity where the device is monitored

remotely by a PDD operator and the driving system is capable

of being controlled and overridden remotely by the PDD operator.

§ 8512. General prohibition.

No person may operate a personal delivery device on a

roadway, or shoulder or berm of a roadway, or in a pedestrian

area unless:

(1) the person holds a PDD authorization from the

department or is a PDD operator; and

(2) the personal delivery device is operated in

accordance with this subchapter.

Cross References. Section 8512 is referred to in section

8521 of this title.

§ 8513. Powers of department.

(a) General powers.--Except as permitted under section 8517

(relating to local regulation), the department shall have

general and sole regulatory authority over the operation of

personal delivery devices and authorized entities as described

in this subchapter to ensure the safe operation of personal

delivery devices on roadways, or shoulders or berms of roadways,

and in pedestrian areas.

(b) Specific powers and duties.--The department shall have

the following specific powers and duties:

(1) To issue, approve, renew, revoke, suspend, condition

or deny issuance or renewal of PDD authorizations.

(2) By order of the secretary, to prohibit the use of

a personal delivery device on any roadway, or shoulder or

berm of a roadway, under the jurisdiction of the department

where the secretary determines that the operation of the

personal delivery device would constitute a hazard.

(3) To display, on the department's publicly accessible

Internet website, the following:

(i) a list of authorized entities that includes the

authorized operational phase of each authorized entity.

(ii) any order issued by the secretary under this

subchapter.

(iii) policies or guidelines issued by the

department consistent with this subchapter.

(4) To require an authorized entity to self-report to

the department and the law enforcement agency of the

municipality governing the right-of-way containing the

pedestrian area or roadway, or shoulder or berm of the

roadway, an accident involving any of the authorized entity's

personal delivery devices that resulted in bodily injury,

death or damage to property within 24 hours of the accident.

(5) To establish policies or guidelines consistent with

this subchapter.

Cross References. Section 8513 is referred to in sections

8515, 8520 of this title.

§ 8514. Application.

(a) Application.--An application for a PDD authorization

or renewal application for a PDD authorization shall be on a

form and submitted in a manner as determined by the department.

(b) Contents of application.--An application submitted to

the department under subsection (a) shall include the following:

(1) Name, address and contact information of the

applicant.

(2) A general operational plan that includes, but is

not limited to, the following:

(i) The municipalities in which the applicant

intends to operate personal delivery devices.

(ii) The anticipated highways and pedestrian areas

that the applicant's personal delivery devices will be

utilized to transport goods and cargo.

(iii) A description of the training procedures for

PDD operators.

(iv) The manufacturer and model of personal delivery

devices the applicant intends to deploy.

(v) A description of how a police officer or other

emergency responder may stop or disable a PDD operated

by the applicant.

(vi) A description of the cargo or goods the

applicant intends to transport.

(vii) A proposed schedule for safety and maintenance

inspections of PDDs.

(viii) Information regarding the operational phases

in which the applicant's personal delivery devices are

capable of operating.

(3) Any information or records deemed reasonably

necessary to aid the department's review of the submitted

application and for the administration, enforcement and

ongoing compliance with this subchapter.

(4) Proof of insurance as required under section 8519

(relating to insurance and liability).

(5) An attestation that the applicant will temporarily

cease or restrict the operation of PDDs due to a weather

emergency or other hazardous event identified by the

department or a municipality.

(6) The details of an educational campaign to be

employed by the applicant to educate and bring awareness of

PDDs to municipalities, motorists and the general public.

(7) Information regarding the applicant's accident

procedure in the event of an accident involving injury to a

person or damage to property or an accident causing damage

to the personal delivery device. The procedure shall include:

(i) duties of the applicant and its PDD operators

with respect to removing the PDD or accident debris from

roadways, or shoulders or berms of a roadway, and

pedestrian areas of the personal delivery device so as

not to impede traffic or pedestrians in the event that

the personal delivery device is rendered inoperable or

damaged to the extent it cannot be safely operated;

(ii) the process where the applicant will exchange,

if necessary, insurance information to all parties

involved in the accident within 24 hours of the accident;

and

(iii) the safety inspection and maintenance

protocols for personal delivery devices damaged in an

accident.

(8) A list of unique identification numbers assigned

to each of the applicant's personal delivery devices, which

shall be updated prior to an authorized entity operating a

PDD not listed in the application.

(9) if the application is a renewal application, the

following information:

(i) the total number of trips each personal delivery

device performed within the previous 12 months; and

(ii) a list of accidents resulting in personal

injury or property damage and any violations of this

subchapter issued to the authorized entity for a personal

delivery device operated by the authorized entity within

this Commonwealth in the previous 12 months.

Cross References. Section 8514 is referred to in sections

8515, 8518 of this title.

§ 8515. Authorization issuance and renewal.

(a) Review of applications and issuance.--The department

shall review all applications for a PDD authorization and

applications for the renewal of a PDD authorization and may

issue an authorization to or renew the authorization of any

applicant that:

(1) has submitted a completed application;

(2) has the ability to comply with the provisions of

this subchapter; and

(3) has not knowingly made a false statement of material

fact in the application or has not deliberately failed to

disclose any information requested by the department.

(b) Authorization period and renewal.--

(1) A PDD authorization issued under this subchapter

shall be valid for a period of one year.

(2) If the PDD application is not approved by the

department within 30 days after receipt of the application,

the application shall be deemed approved.

(3) An application for the renewal of a PDD

authorization shall be submitted at least 45 days prior to

the expiration of the PDD authorization and include an update

of the information contained in the initial application for

the PDD authorization. A PDD authorization for which a

completed renewal application has been received by the

department shall continue in effect unless the department

sends a written notification to the authorized entity that

the department has denied the renewal of the PDD

authorization.

have an ongoing duty to provide any information or records that

may be required by the department and is reasonably necessary

for the administration and enforcement of this subchapter.

(d) Applicability.--Except as provided in subsection (e),

the following shall not be subject to the act of February 14,

2008 (P.L.6, No.3), known as the Right-to-Know Law:

(1) Information contained in an application for a PDD

authorization or renewal application submitted to the

department by an applicant under this section or section

8514 (relating to application).

(2) Additional information requested by the department

and submitted by an applicant as part of the review of the

applicant's application for a PDD authorization or renewal

application under this section or section 8514.

(3) Information and records submitted by an authorized

entity to the department under this section or section 8514.

(e) Applicability exception.--Subsection (d) shall not apply

to the following:

(1) Information or records submitted to the department

under section 8514(b)(2)(i), (ii) or (iv), (4), (8) or

(9)(ii).

(2) Information or records required to be posted on the

department's publicly accessible Internet website under

section 8513(b)(3)(ii) (relating to powers of department).

Cross References. Section 8515 is referred to in section

8511 of this title.

§ 8516. Operation.

(a) Operational phases.--The following shall apply:

(1) Except as permitted under subparagraph (iii), upon

the initial issuance of a PDD authorization, an authorized

entity shall be limited to phase 1 operation to demonstrate

safe operation of personal delivery devices by the authorized

entity and its PDD operators, subject to the following:

(i) Except as permitted under subparagraph (ii),

The department may not limit an authorized entity to

phase 1 operation for less than 90 days and not more

than 180 days from the date the PDD authorization was

issued, or less than 90 days and not more than 180 days

from the date the authorized entity's phase 2 operation

was revoked by the department, whichever is applicable.

(ii) The department may limit an authorized entity

to phase 1 operation for less than 90 days or more than

180 days from the date the PDD authorization was issued,

or less than 90 days and not more than 180 days from the

date the authorized entity's phase 2 operation was

revoked by the department, whichever is applicable, if

agreed to by the authorized entity.

(iii) The department may exempt an authorized entity

from phase 1 operations upon initial issuance of a PDD

authorization if the authorized entity can certify, to

the department's satisfaction, safe PDD operations in

the Commonwealth or other jurisdictions.

(2) The department may authorize, in writing, an

authorized entity to operate personal delivery devices under

phase 2 if the authorized entity and its PDD operators have

demonstrated the safe operation of personal delivery devices

under phase 1 and the department has determined the

authorized entity's personal delivery devices can be operated

safely under phase 2 and in accordance with this subchapter.

(3) Following notice and an opportunity for an

administrative hearing, the department may revoke, in

writing, an authorized entity's phase 2 authorization and

change the authorized entity's authorized operational phase

if the department determines the revocation and change is

necessary to ensure public safety and compliance with this

subchapter.

(b) General operation requirement.--Except as to special

operation requirements in subsection (c), An authorized entity

and its PDD operators shall operate personal delivery devices

in accordance with the provisions of Chapter 35 (relating to

special vehicles and pedestrians) applicable to pedestrians.

and its PDD operators when operating a personal delivery device

shall:

(1) only operate a personal delivery device according

to the operational phase for which the authorized entity has

been authorized by the department;

(2) utilize a pedestrian area when crossing a roadway

and, if a pedestrian area is not available or not

practicable, only cross the roadway according to policies

or guidelines established by the department;

(3) be prohibited from making a left turn across one

or more lanes of oncoming traffic on a roadway until or

unless guidelines or policies are established by the

department;

(4) utilize the shoulder or berm of a roadway as far

as practicable from the edge of the roadway whenever a

shoulder or berm is available and its use is practicable;

(5) where a shoulder or berm of a roadway is not

available or its use is not practicable, utilize a pedestrian

area, if available;

(6) where neither a pedestrian area nor a shoulder or

berm of a roadway is available, operate the personal delivery

device as near as practicable to the outside edge of the

roadway;

(7) yield the right-of-way, or safely navigate around,

to all pedestrians and pedalcyclists in a pedestrian area;

(8) not transport hazardous materials regulated under

49 U.S.C. § 5103 (relating to general regulatory authority)

and required to be placarded under 49 CFR Pt. 172 Subpt. F

(relating to placarding);

(9) when traveling on a roadway, or shoulder or berm

of a roadway, operate the personal delivery device in the

same direction as required of other vehicles operated on the

roadway;

(10) not exceed speed limits contained in subsection

(d);

(11) not operate on a roadway, or shoulder or berm of

a roadway, under the jurisdiction of the department where

the secretary, by order, has determined the operation to be

hazardous;

(12) not operate on a roadway, or shoulder or berm of

a roadway, under the jurisdiction of the department where

the posted speed limit is greater than 25 miles per hour,

except as permitted in subsection (e);

(13) not operate on a local roadway, or shoulder or

berm of a local roadway, under the jurisdiction of a

municipality where the posted speed limit is greater than

25 miles per hour, except as permitted in section 8517

(relating to local regulation);

(14) not operate on an interstate highway or freeway;

(15) comply with ordinances or resolutions adopted by

local authorities under section 8517;

(16) only operate personal delivery devices that comply

with equipment standards established under section 8518

(relating to equipment); and

(17) comply with any other policies or guidelines

established by the department consistent with this

subchapter.

(d) Speed limit.--A personal delivery device may not exceed

12 miles per hour in a pedestrian area and may not exceed 25

miles per hour on a roadway, or shoulder or berm of a roadway.

(e) Exception.--The department may, by order of the

secretary, permit the use of a personal delivery device upon a

roadway, or shoulder or berm of a roadway, under the

jurisdiction of the department where the posted speed limit is

greater than 25 miles per hour but not greater than 35 miles

per hour.

(f) PDD operator requirement.--No PDD operator may operate

a personal delivery device on behalf of an authorized entity

unless the individual possesses a valid driver's license from

a licensing authority in the United States. The department may

not impose any additional licensing requirements or additional

authorization requirements on a PDD operator.

Cross References. Section 8516 is referred to in section

8517 of this title.

§ 8517. Local regulation.

(a) Authorization.--A municipality may, by ordinance or

resolution, do the following:

(1) Permit the use of a personal delivery device on a

roadway, or shoulder or berm of a roadway, under the

jurisdiction of the municipality where the posted speed limit

is greater than 25 miles per hour but not greater than 35

miles per hour.

(2) Prohibit the use of a personal delivery device on

any roadway, or shoulder or berm of a roadway, or pedestrian

area under the jurisdiction of the municipality where the

municipality, after consultation with the authorized entity,

determines that the operation of the personal delivery device

would constitute a hazard.

(b) Prohibition.--Except as provided in subsection (a), a

municipality may not regulate the operation of a personal

delivery device operated in a pedestrian area, roadway, or

shoulder or berm of a roadway, under the jurisdiction of the

municipality.

(1) Nothing in this section may be construed to affect

the ability of a municipality to enforce any law, rule or

regulation as it relates to the operation of a personal

delivery device in this Commonwealth.

(2) Nothing in subsection (a) may be construed to permit

a municipality to authorize the use of a personal delivery

device on a roadway, or shoulder or berm of a roadway, under

the jurisdiction of the municipality in a manner that

conflicts with the operation requirements contained in

section 8516 (relating to operation).

(d) Notice required.--An authorized entity shall notify the

governing body of the municipality of the authorized entity's

intent to operate personal delivery devices within the

municipality no less than 30 days prior to the date on which

the authorized entity commences PDD operations within the

municipality.

Cross References. Section 8517 is referred to in sections

8513, 8516, 8522 of this title.

§ 8518. Equipment.

(a) Prohibition.--No authorized entity may operate a

personal delivery device on a roadway, or shoulder or berm of

a roadway, or pedestrian area that does not meet the

requirements of this section.

(b) Minimum equipment standards.--A PDD operated by an

authorized entity shall:

(1) Have a maximum width of 32 inches.

(2) Have a maximum length of 42 inches.

(3) Have a maximum height of 72 inches.

(4) Be equipped with a braking system that brings the

PDD to a complete stop from an initial speed of 25 miles an

hour or less.

(5) Be equipped with a lamp that emits a beam of white

light intended to illuminate the personal delivery device's

path and is visible from a distance of at least 500 feet to

the front and a lamp emitting a red flashing light,

light-emitting diode or device visible from a distance of

500 feet to the rear. An authorized entity may supplement

the required front lamp with a white flashing lamp,

light-emitting diode or similar device to enhance its

visibility to other traffic.

(6) Be equipped with software, equipment or technologies

to comply with section 8514(b)(2)(v) (relating to

application).

prominently display, in a size and manner determined by the

department, the following information:

(1) The name of the authorized entity.

(2) The unique identification number assigned to the

PDD and submitted to the department under section 8514(b)(8).

(3) A telephone number of the authorized entity to

report a violation of this title, an accident or an insurance

claim.

Cross References. Section 8518 is referred to in section

8516 of this title.

§ 8519. Insurance and liability.

(a) Required coverage.--An authorized entity shall maintain

an insurance policy that includes general liability coverage

of not less than $100,000 per incident for damages arising from

the operation of the personal delivery device.

(b) Sovereign immunity and governmental

immunity.--Commonwealth agencies and municipalities shall have

no duty to make streets, highways or real estate safe for use

by personal delivery devices. Commonwealth agencies and

municipalities shall be immune from suit by authorized entities

and owners of cargo and other items carried on or within a

personal delivery device for property damages.

Cross References. Section 8519 is referred to in section

8514 of this title.

§ 8520. Enforcement.

(a) Revocation of authorization.--Following notice and an

opportunity for an administrative hearing, the department may

revoke a PDD authorization where a knowing and willful violation

of this subchapter occurred that resulted in death, serious

bodily injury or property damage or when the authorized entity

has demonstrated an inability to operate safely in accordance

with this subchapter.

(b) Appeal.--An authorized entity shall have the right to

appeal PDD authorization suspensions or revocations in

accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating to practice

and procedure of Commonwealth agencies) and 7 Subch. A (relating

to judicial review of Commonwealth agency action).

the PDD authorization of an authorized entity that self-reports

an accident involving the authorized entity's personal delivery

devices as required by section 8513(b)(4) (relating to powers

of department) where the accident was not the fault of the

authorized entity or the authorized entity's PDD operator.

§ 8521. Criminal penalties.

(a) Penalty.--Except as provided for in subsections (b) and

(c), an authorized entity that violates a provision of this

subchapter shall be guilty of a summary offense and shall, upon

conviction, be sentenced to pay a fine of not less than $25 and

no more than $1,000.

(b) Unauthorized operation.--Except as provided for in

subsection (c), a person that violates section 8512 (relating

to general prohibition) shall be guilty of a summary offense

and shall, upon conviction, be sentenced to pay a fine of not

less than $500.

knowingly violates section 8512 and whose authorization was

suspended or revoked by the department shall be guilty of a

summary offense and shall, upon conviction, be sentenced to pay

a fine of not less than $1,000.

§ 8522. Application of title.

(a) Applicability.--The regulation of personal delivery

devices and authorized entities shall be governed exclusively

by this subchapter or an ordinance or resolution adopted by a

municipality under section 8517 (relating to local regulation).

(b) Exemption.--A personal delivery device shall not be

considered a vehicle or a motor vehicle under section 102

(relating to definitions).

SUBCHAPTER D

OTHER AUTOMATED VEHICLES

Sec.

8531. Highly automated work zone vehicles.

8532. Platooning.

Enactment. Subchapter D was added November 3, 2022,

P.L.1946, No.130, effective in 240 days.

§ 8531. Highly automated work zone vehicles.

The department or the Pennsylvania Turnpike Commission, as

applicable, shall authorize locations in this Commonwealth on

a periodic basis where a highly automated work zone vehicle may

be deployed. A driver may be required in a highly automated

work zone vehicle when used in an active work zone.

Cross References. Section 8531 is referred to in section

8504 of this title.

§ 8532. Platooning.

(a) General rule.--The department shall be the lead

Commonwealth agency on platooning.

(b) Exception.--Nonlead vehicles in a platoon shall not be

subject to section 3310 (relating to following too closely).

marked with a visual identifier on the power unit. The

department, after consultation with the Pennsylvania State

Police and the Pennsylvania Turnpike Commission, shall establish

the criteria and placement of the visual identifier.

(d) Restrictions.--A platoon shall observe the following

restrictions:

(1) A maximum of three vehicles shall be in a platoon.

(2) Vehicles in a platoon shall travel only on

limited-access highways or interstate highways, unless

otherwise permitted by the department or the Pennsylvania

Turnpike Commission, as applicable.

(3) The department or the Pennsylvania Turnpike

Commission, as applicable under paragraph (2), may restrict

vehicle movement under this section for operational or safety

reasons, including emergency conditions.

(4) Except as provided under paragraph (5), a driver

shall be in each vehicle of a platoon.

(5) Consistent with applicable Federal or State law and

regulations, the lead vehicle may operate with a driver and

one nonlead vehicle may operate with an ADS engaged with or

without a driver.

(e) Plan for general platoon operations.--

(1) A person may operate a platoon on a highway of this

Commonwealth if the person files a plan for general platoon

operations with the department, in consultation with the

Pennsylvania State Police and the Pennsylvania Turnpike

Commission, as applicable.

(2) If the plan is not approved, rejected or additional

information requested by the department within 30 days after

receipt of the plan, the plan shall be deemed approved and

the person may operate the platoon.

Cross References. Section 8532 is referred to in section

8504 of this title.

CHAPTER 89

PENNSYLVANIA TURNPIKE

Subchapter

A. Preliminary Provisions

B. Turnpike Extensions and Improvements

Enactment. Chapter 89 was added November 24, 1992, P.L.725,

No.109, effective in 60 days.

Cross References. Chapter 89 is referred to in sections

1506, 8102, 8116, 9202 of Title 74 (Transportation).

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

8901. Definitions.

§ 8901. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

"Annual additional payments." As follows:

(1) During the conversion period and after the

conversion date, an amount equal to the scheduled annual

commission contribution, minus the sum of:

(i) $200,000,000 paid as annual base payments;

(ii) any Interstate 80 savings for that fiscal year.

(2) If the conversion period has expired and a

conversion notice has not been received by the secretary,

in each subsequent fiscal year until the end of the term of

the lease agreement, the annual additional payments shall

be $250,000,000. No annual additional payments shall be due

after fiscal year 2021-2022.

"Annual base payments." An amount equal to the sum of the

following:

(1) Annual debt service on outstanding bonds issued

under section 9511.2 (relating to special revenue bonds)

payable as required pursuant to the bonds.

(2) Two hundred million dollars payable annually through

fiscal year 2021-2022 in four equal installments each due

the last business day of each July, October, January and

April.

(3) For fiscal year 2022-2023 and each fiscal year

thereafter, the amount shall be $50,000,000 payable annually

from then-current revenue.

"Annual surplus payments." An amount equal to the general

reserve fund surplus payable for each fiscal year until the end

of the term of the lease agreement.

"Auditor General's certificate." The certificate issued by

the Auditor General within 180 days after the end of each fiscal

year of the Pennsylvania Turnpike Commission certifying all of

the following:

(1) The amount of the general reserve fund surplus for

the fiscal year.

(2) After review of the commission's current ten-year

capital plan, that the transfer of the general reserve fund

surplus under section 8915.3 (relating to lease of Interstate

80; related agreements) shall not impair the ability of the

commission to meet its obligations under the lease agreement

or the commission's ten-year capital plan.

"Commission." The Pennsylvania Turnpike Commission.

"Conversion date." The date set forth in the conversion

notice when the Pennsylvania Turnpike Commission intends to

exercise its option to convert Interstate 80 to a toll road.

"Conversion notice." Written notice to the Secretary of

Transportation from the Pennsylvania Turnpike Commission

providing notice of its intent to exercise its options to

convert Interstate 80 under section 8915.3(3) (relating to lease

of Interstate 80; related agreements).

"Conversion period." A period of three years:

(1) which begins on the date of execution of the lease

agreement; and

(2) during which the Pennsylvania Turnpike Commission

may give the Department of Transportation conversion notice

or notice that the commission has exercised its option to

extend the conversion period pursuant to section 8915.3(2)

(relating to lease of Interstate 80; related agreements).

"Fiscal year." The fiscal year of the Commonwealth.

"General reserve fund surplus." The amount which:

(1) is certified by the Auditor General in the Auditor

General's certificate as existing in the Pennsylvania

Turnpike Commission's general reserve fund on the last day

of the fiscal year of the commission; and

(2) is not required to be retained in the general

reserve fund pursuant to any financial documents, financial

covenants, insurance policies, liquidity policies or

agreements in effect at the commission.

"Interstate 80 savings." An amount equal to the following:

(1) Prior to the conversion date, the amount shall be

zero.

(2) In the first fiscal year, including the conversion

date, the amount shall be a pro rata share of $116,985,856

calculated using the number of calendar days in the year

after the conversion date divided by 365 days.

(3) In the fiscal year succeeding the year, including

the conversion date, the amount shall be $121,665,290.

(4) In subsequent fiscal years, the amount shall be the

amount calculated for the previous year increased by 4%.

"Lease agreement." A lease agreement between the Department

of Transportation and the Pennsylvania Turnpike Commission which

shall include provisions setting forth the terms of the

conversion of Interstate 80 to a toll road.

"Scheduled annual commission contribution." The following

amounts:

(1) $750,000,000 in fiscal year 2007-2008.

(2) $850,000,000 in fiscal year 2008-2009.

(3) $900,000,000 in fiscal year 2009-2010.

(4) For fiscal year 2010-2011 through fiscal year

2021-2022, the amount shall be the amount calculated for the

previous year increased by 2.5%, except that the amount shall

be equal to the annual base payments plus $250,000,000 if

the conversion notice is not received by the secretary prior

to the expiration of the conversion period. For fiscal year

2014-2015 and each fiscal year thereafter through fiscal

year 2021-2022, at least $30,000,000 of this amount shall

be paid from then-current revenue.

(5) For fiscal year 2022-2023 and each fiscal year

thereafter, the amount shall be $50,000,000 payable annually

from then-current revenue.

(July 18, 2007, P.L.169, No.44, eff. imd.; Nov. 25, 2013,

P.L.974, No.89, July 1, 2014)

2013 Amendment. Act 89 amended the defs. of "annual

additional payments," "annual base payments" and "scheduled

annual commission contribution." See the preamble to Act 89 in

the appendix to this title for special provisions relating to

legislative findings and declarations.

Cross References. Section 8901 is referred to in section

9501 of this title.

SUBCHAPTER B

TURNPIKE EXTENSIONS AND IMPROVEMENTS

Sec.

8911. Improvement and extension authorizations.

8912. Subsequent extension authorizations.

8913. Additional subsequent extension authorizations.

8914. Further subsequent authorizations.

8914.1. Security wall pilot project.

8915. Conversion to toll roads.

8915.1. Conversion of Interstate 80.

8915.2. Application to United States Department of

Transportation.

8915.3. Lease of Interstate 80; related agreements.

8915.4. Initial payment.

8915.5. Other interstate highways.

8915.6. Deposit and distribution of funds.

8915.7. Impact on associated highways and local roads.

8916. Turnpike system.

8917. Financial plan.

8918. Failure to perform.

§ 8911. Improvement and extension authorizations.

In order to facilitate vehicular traffic within and across

this Commonwealth, the commission is hereby authorized and

empowered to construct, operate and maintain turnpike extensions

and turnpike improvements at such specific locations and

according to such schedule as shall be deemed feasible and

approved by the commission, together with connecting roads,

storm water management systems, interchanges, slip ramps,

tunnels and bridges, subject to the waiver of the Federal toll

prohibition provisions where applicable, as follows:

(1) Widen turnpike to six lanes between the Northeast

Extension and the Delaware River Interchange.

(2) Construct turnpike interchange with Interstate Route

95 in Bucks County.

(3) Construct turnpike interchange with Interstate Route

476 in Montgomery County.

(4) Construct turnpike interchange with Keyser Avenue

in Lackawanna County.

(5) Construct extensions to the existing turnpike from

a point westerly of existing Interchange 2 extending

northerly to a connection with the existing interchange

between U.S. Route 422 and proposed State Route 60 in

Lawrence County and extending southerly to a connection with

existing State Route 60 in Beaver County at or near State

Route 51.

(6) Construct an extension to the turnpike from a point

at or near Interchange 8 in Westmoreland County extending

northerly to an interchange with State Route 66 northwest

of Greensburg and continuing northerly to an interchange

with U.S. Route 22 south of Delmont.

(7) Construct an additional Lehigh Tunnel on the

Northeast Extension of the turnpike.

(8) Construct a private turnpike interchange directly

connected to the New Cumberland Army Depot. The commission

may commence construction of the private turnpike interchange

notwithstanding the construction schedule established by

this section.

(9) Construct an interchange on the Northeast Extension

with State Route 903 in Carbon County. The commission may

commence construction of this interchange notwithstanding

the construction schedule established by this section.

(10) Other slip ramps and interchanges as the commission

may determine.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 amended the intro. par. and added

par. (10).

Cross References. Section 8911 is referred to in sections

8913, 8914, 8915 of this title.

§ 8912. Subsequent extension authorizations.

The commission is also hereby authorized and empowered to

construct, operate and maintain further extensions and

improvements of the turnpike at such specific locations and

according to such schedules as shall be deemed feasible and

which shall be approved by the commission, subject to the waiver

of the Federal toll prohibition provisions where applicable,

as follows:

(1) From an interchange with Interstate Route 70 between

existing interchanges at Lover and Speers extending northerly

to an interchange with Interstate Route 376 in Pittsburgh

extending northwesterly toward the Midfield Terminal, Greater

Pittsburgh Airport, Southern Beltway, Extension of the

Findlay Connector along Interstate 79 and also extending

southerly connecting with the existing interchange between

U.S. Route 40 and the Mon Valley Expressway (L.R.1125).

(2) From a point at or near the existing interchange

between U.S. Route 40 and the Mon Valley Expressway

(L.R.1125) in Fayette County southeasterly along U.S. Route

40 to Uniontown and continuing southerly along Pa. Route 857

to the West Virginia border.

(3) From an interchange with the turnpike at or near

Interchange 10 extending northerly generally following and

coincident where feasible with existing U.S. Route 219 to

an interchange with Interstate Route 80 at or near

Interchange 16.

(4) Construction of an interchange for access to the

International Distribution Center at the

Wilkes-Barre-Scranton International Airport in Luzerne County

on the Northeast Extension of the Pennsylvania Turnpike

System.

(5) From a point at or near Turnpike Interchange 10

southerly generally along U.S. Route 219 to the Maryland

border.

(6) From a point at or near Interstate Route 80

Interchange 16 northerly generally along U.S. Route 219 to

a connection with the existing U.S. Route 219 Expressway

south of Bradford in McKean County.

Cross References. Section 8912 is referred to in sections

8913, 8914, 8915 of this title.

§ 8913. Additional subsequent extension authorizations.

Upon substantial completion of the turnpike extensions and

improvements set forth in sections 8911 (relating to improvement

and extension authorizations) and 8912 (relating to subsequent

extension authorizations), the commission is hereby authorized

and empowered to construct, operate and maintain further

extensions and improvements of the turnpike at such specific

locations and according to such schedules as shall be deemed

feasible and which shall be approved by the commission, subject

to the waiver of the Federal toll prohibition provisions where

applicable, as follows: construct from a point at or near

Interstate Route 80 Interchange 23 at Milesburg southwesterly

generally along U.S. Route 220 to a connection with the existing

U.S. Route 220 Expressway south of Bald Eagle.

Cross References. Section 8913 is referred to in sections

8914, 8915 of this title.

§ 8914. Further subsequent authorizations.

Upon completion of the turnpike extensions and improvements

set forth in sections 8911 (relating to improvement and

extension authorizations), 8912 (relating to subsequent

extension authorizations) and 8913 (relating to additional

subsequent extension authorizations), the commission is hereby

authorized and empowered to construct, operate and maintain

further extensions and improvements of the turnpike at such

specific locations and according to such schedules as shall be

deemed feasible and which shall be approved by the commission,

subject to the waiver of the Federal toll prohibition provisions

where applicable, as follows:

(1) From a point at or near the intersection of State

Route 65 and Crows Run Road in Beaver County, in a

southeasterly direction to a point at or near the Perry

Highway Interchange of the Pennsylvania Turnpike.

(2) From a point at or near Exit 5 of the turnpike

northerly to Brookville, Jefferson County, to a point at the

intersection with Interstate Route 80.

(3) From a point at or near the Pennsylvania Turnpike

System into various areas of Berks County in order to

complete the construction of the inner loop system and outer

loop system of highways surrounding the City of Reading and

to complete the missing links on Routes 222 to 422 to 1035.

(4) From a point at or near the intersections of

Interstate Route 70, Interstate Route 76 and T.R.119 in the

Borough of Youngwood, Westmoreland County, in a northerly

direction along T.R.119 and T.R.66 to the intersection of

T.R.22 with a bypass around the City of Greensburg,

Westmoreland County; thence north on T.R.66 to T.R.356;

thence north on T.R.356 to the intersection with T.R.28.

(5) From a point at or near the intersection of T.R.66

and T.R.22 in Salem Township, Westmoreland County; thence

in a westerly direction paralleling T.R.22 to Exit 6 of

Interstate 76.

Cross References. Section 8914 is referred to in section

8915 of this title.

§ 8914.1. Security wall pilot project.

The commission shall construct, maintain and assess the

long-term effectiveness of a security wall pilot project from

a point at or near milepost 1.0 on the Northeast Extension of

the Pennsylvania Turnpike to a point at or near milepost 1.8.

Such pilot project shall encompass the southbound lanes of the

Northeast Extension between said mileposts. The commission shall

commence the design and construction of the security wall pilot

project authorized by this section immediately upon transfer

of funds by the department.

(Dec. 21, 1998, P.L.1126, No.151, eff. imd.; June 25, 1999,

P.L.164, No.23, eff. 180 days)

§ 8915. Conversion to toll roads.

In order to facilitate vehicular traffic within and across

this Commonwealth, and to facilitate the completion of the

turnpike extensions and improvements authorized in section 8911

(relating to improvement and extension authorizations), and

subject to prior legislative approval by the General Assembly

and the United States Congress, the commission is hereby

authorized and empowered to convert to toll roads such portions

of Pennsylvania's interstate highway system as may facilitate

the completion of the turnpike extensions and improvements

authorized in sections 8912 (relating to subsequent extension

authorizations), 8913 (relating to additional subsequent

extension authorizations) and 8914 (relating to further

subsequent authorizations) and to operate and maintain such

converted interstates as toll roads upon the approval by the

Congress of the United States of America and the General

Assembly of this Commonwealth of legislation expressly

permitting the conversion of such interstates to toll roads.

Such conversions shall take place at a time and manner set forth

in the plan for the conversion prepared by the commission with

the cooperation of the department. The provisions authorizing

the commission to construct, operate and maintain the turnpike

routes in sections 8911, 8912 and 8913 shall be subject to:

(1) the prior passage by the Congress of the United

States and the General Assembly of this Commonwealth of

legislation permitting the conversion of certain interstates

to toll roads; or

(2) the availability of such other funds as might become

available in amounts that would be sufficient to fund to

completion any of the individual turnpike extensions and

improvements set forth in sections 8912, 8913 and 8914 so

long as no turnpike extension or improvement authorized by

section 8914 is undertaken until after all the turnpike

extensions authorized by section 8913 are completed and no

turnpike extension authorized by section 8913 is undertaken

until after all the turnpike extensions and improvements

authorized by section 8912 are completed. The commission is

authorized to use Federal funds which may be available for

toll roads only pursuant to the approval of the Secretary

of Transportation and only pursuant to the authority granted

in section 19 of the act of September 30, 1985 (P.L.240,

No.61), known as the Turnpike Organization, Extension and

Toll Road Conversion Act.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 amended the intro. par.

References in Text. The act of September 30, 1985 (P.L.240,

No.61), known as the Turnpike Organization, Extension and Toll

Road Conversion Act, was repealed by the act of July 18, 2007

(P.L.169, No.44).

§ 8915.1. Conversion of Interstate 80.

In order to facilitate vehicular traffic across this

Commonwealth, the commission is authorized and empowered to do

all of the following:

(1) Convert Interstate 80 to a toll road and maintain

and operate it as a toll road.

(2) Construct, reconstruct, widen, expand, extend,

maintain and operate Interstate 80 from a point at or near

the Ohio border to a point at or near the New Jersey border,

together with connecting roads, interchanges, slip ramps,

tunnels and bridges.

(3) Issue turnpike revenue bonds, notes or other

obligations, payable solely from revenues of the commission,

including tolls, or from funds as may be available to the

commission for that purpose, to pay the cost of constructing,

reconstructing, widening, expanding or extending Interstate

80 or any other costs of Interstate 80 and the Pennsylvania

Turnpike.

(4) Provide quarterly reports and periodic updates

regarding significant developments with respect to the

conversion of Interstate 80 to the chairman and minority

chairman of the Transportation Committee of the Senate and

the chairman and minority chairman of the Transportation

Committee of the House of Representatives. These reports

shall include, at a minimum, the status of outstanding

discussions with the United States Department of

Transportation regarding Interstate 80, the location and

construction of tolling-related equipment for Interstate 80,

planned capital improvements for Interstate 80 and other

information important to implementation of this section.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 8915.1.

§ 8915.2. Application to United States Department of

Transportation.

(a) Application.--The commission, in consultation with the

department and at its own expense, is authorized to prepare and

submit an application to the United States Department of

Transportation for the conversion of Interstate 80 to a toll

road. The secretary shall ensure that all information required

for the application is made available to the commission as soon

as practicable after the effective date of this section.

(b) Open system.--A toll system shall consist of what is

commonly referred to as an open system with no more than ten

toll collection points.

may enter into any other agreements as may be necessary to

effectuate the execution of the application filed under this

section.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 8915.2.

§ 8915.3. Lease of Interstate 80; related agreements.

The department and the commission shall enter into a lease

agreement relating to Interstate 80 prior to October 15, 2007.

The lease agreement shall include provisions setting forth the

terms and conditions of the conversion of Interstate 80 to a

toll road. The lease agreement and any related agreement, at a

minimum, shall include the following:

(1) A provision that the term of the lease agreement

shall be 50 years, unless extended upon mutual agreement of

the parties to the lease agreement and upon approval of the

General Assembly.

(2) A provision establishing the conversion period and

authorizing extension of the conversion period at the sole

option of the commission for three one-year extension periods

after consultation with the secretary. The commission shall

notify the secretary of its intent to extend the conversion

period not less than 90 days before the scheduled expiration

of the conversion period. During the conversion period, all

legal, financial and operational responsibility for

Interstate 80 shall remain with the department. All

operations and programmed rehabilitation shall be maintained

at levels no less favorable than those set forth in the

department's 12-year plan at the time of the execution of

the lease, with modifications as are approved in writing by

the chairman of the commission.

(3) A provision permitting the commission to exercise

its option to convert Interstate 80 to a toll road prior to

the expiration of the conversion period by providing the

conversion notice to the secretary. Beginning on the

conversion date, all legal, financial and operational

responsibility for Interstate 80, as well as all toll

revenues subsequently collected with respect to its use,

shall automatically transfer to the commission. The

secretary, within five business days after receiving the

conversion notice, shall forward notice of the conversion

date to the Legislative Reference Bureau for publication in

the Pennsylvania Bulletin. Any revenues collected prior to

the conversion date shall be retained by the department. The

commission may contract with the department for any portion

of the maintenance of Interstate 80 at cost levels agreed

to by the department and the commission.

(4) A provision requiring the commission to pay annual

base payments to the department during the term of the lease

agreement.

(5) A provision requiring the commission to pay annual

additional payments to the department. The annual additional

payments shall be payable in four equal installments on the

last business day of each July, October, January and April

of each year during the term of the lease agreement.

(6) A provision requiring the commission to pay,

commencing in the fiscal year including the conversion date,

annual surplus payments to the department. The annual surplus

payments shall be payable by the commission within 30 days

of receipt by the commission of the Auditor General's

certificate.

(7) A provision stating that the obligation of the

commission to pay the annual base payments, the annual

additional payments and annual surplus payments shall be a

subordinate obligation of the commission payable from amounts

in the general reserve fund of the commission only as

permitted by any financing documents, financial covenants,

liquidity policies or agreements in effect at the commission.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 8915.3.

Cross References. Section 8915.3 is referred to in sections

8901, 9511.4 of this title; sections 1506, 8116 of Title 74

(Transportation).

§ 8915.4. Initial payment.

(a) Commission payment required.--Within 20 days after the

effective date of this section, the commission shall pay to the

department an amount equal to $62,500,000, which shall be

deposited into the Public Transportation Trust Fund. The amount

paid shall represent 25% of the amount the department is

required to deposit into the Public Transportation Trust Fund

under 74 Pa.C.S. § 1506(b)(1)(i)(A) (relating to fund) and is

payable by the commission under the lease agreement.

(b) Use of payment.--The department shall allocate the funds

received under subsection (a) pursuant to 74 Pa.C.S. Ch. 15

(relating to sustainable mobility options).

section shall be credited against the total amount payable by

the commission under the lease agreement for the 2007-2008

fiscal year.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 8915.4.

§ 8915.5. Other interstate highways.

In order to facilitate vehicular traffic across this

Commonwealth and pursuant to the authority granted under this

chapter, the commission is hereby authorized and empowered to:

(1) at its own expense and in consultation with the

department, prepare a consulting civil engineer report and

financial analysis with respect to the feasibility of

converting any interstate highway or interstate highway

segment to a toll road or adding to said interstates

additional capacity projects financed by tolls; and

(2) at its own expense and in consultation with the

department and with approval of the General Assembly, prepare

and submit an application to the United States Department

of Transportation for the conversion of any interstate or

interstate segment determined to be eligible for conversion

to a toll road under any applicable Federal program.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 8915.5.

§ 8915.6. Deposit and distribution of funds.

(a) Deposits.--Upon receipt by the department, the following

amounts from the scheduled annual commission contribution shall

be deposited in the Motor License Fund:

(1) For fiscal year 2007-2008, $450,000,000.

(2) For fiscal year 2008-2009, $500,000,000.

(3) For fiscal year 2009-2010, $500,000,000.

(4) For fiscal year 2010-2011 through fiscal year

2013-2014, the amount calculated for the previous year

increased by 2.5%.

(5) For fiscal year 2014-2015 and each fiscal year

thereafter, $0.

(b) Distribution.--The following shall apply:

(1) Annually, 15% of the amount deposited in any fiscal

year under subsection (a) shall be distributed at the

discretion of the secretary.

(2) Annually, $5,000,000 of the amount deposited in any

fiscal year under subsection (a) shall be distributed to

counties.

(i) The distribution shall be in the ratio of:

(A) the square footage of deck area of a

county's county-owned bridges; to

(B) the total square footage of deck area of

county-owned bridges throughout this Commonwealth.

(ii) The amount of square footage under subparagraph

(i) shall be that reported as part of the National Bridge

Inspection Standards Program.

(3) Annually, $30,000,000 of the amount deposited in

any fiscal year under subsection (a) shall be distributed

to municipalities pursuant to the act of June 1, 1956 (1955

P.L.1944, No.655), referred to as the Liquid Fuels Tax

Municipal Allocation Law.

(4) Any funds deposited under subsection (a) but not

distributed under paragraphs (1), (2) and (3) shall be

distributed in accordance with needs-based formulas that are

developed and subject to periodic revision based on

consultation and collaboration among metropolitan planning

organizations, rural planning organizations and the

department.

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Metropolitan planning organization." The policy board of

an organization created and designated to carry out the

metropolitan transportation planning process.

"Rural planning organization." The organization of counties

with populations of less than 50,000 created and designated as

local development districts and which carry out the rural

transportation planning process.

(July 18, 2007, P.L.169, No.44, eff. imd.; Nov. 25, 2013,

P.L.974, No.89, eff. imd.)

2013 Amendment. Act 89 amended subsec. (a). See the

preamble to Act 89 in the appendix to this title for special

provisions relating to legislative findings and declarations.

2007 Amendment. Act 44 added section 8915.6.

§ 8915.7. Impact on associated highways and local roads.

Prior to the conversion date and within one year following

the conversion date, the commission, in collaboration with the

department, shall conduct traffic studies to determine the

average daily traffic on associated roads and highways. The

purpose of these studies will be to quantify any diversion of

traffic from Interstate 80 to other roadways as a result of the

conversion. This section shall not require duplication of

traffic studies undertaken by the commission as a part of the

conversion process or undertaken by the department as a normal

course of the department's operations.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 8915.7.

§ 8916. Turnpike system.

The turnpikes and the future toll road conversions authorized

by this chapter are hereby or shall be made part of the

Pennsylvania Turnpike System, as provided in the act of August

14, 1951 (P.L.1232, No.282), referred to as the Pennsylvania

Turnpike System Financing Act.

§ 8917. Financial plan.

(a) Submission.--

(1) No later than June 1 of each year, the commission

shall prepare and provide to the Secretary of the Budget a

financial plan for the ensuing fiscal year of the commission

that describes the commission's proposed:

(i) operating and capital expenditures;

(ii) borrowings;

(iii) liquidity and other financial management

covenants and policies;

(iv) estimated toll rates; and

(v) all other revenues and expenditures.

(2) The financial plan shall demonstrate that the

operation of the commission in accordance with the plan can

reasonably be anticipated to result in the commission having

unencumbered funds during the ensuing and future fiscal years

of the commission sufficient to make the payments due to the

department under this chapter and the lease agreement for

the ensuing and future fiscal years after all other

obligations of the commission have been met. Financial plans

prepared after June 1, 2008, shall also describe any

deviations that occurred from the financial plan for the

prior fiscal year of the commission and the reasons for the

deviations.

(b) Receipt.--If the Secretary of the Budget receives the

financial plan by the date required under subsection (a), the

commission shall be authorized to conduct its operations in

accordance with the plan. The financial plan may not be amended

by the commission unless the commission notifies the secretary

in writing of the amendment.

Secretary of the Budget all information requested in connection

with review of a financial plan, including materials used to

prepare the plan. The information shall be provided as soon as

practicable after the request.

(d) Effect of provisions.--Nothing in this section shall

be deemed to prevent the commission from conducting its normal

course of business or prevent the commission from complying

with any covenants made to current bondholders, debt holders

or creditors.

(e) Lease agreement.--The provisions of this section and

section 8918 (relating to failure to perform) shall be included

in the lease agreement.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 8917.

Cross References. Section 8917 is referred to in section

8918 of this title.

§ 8918. Failure to perform.

(a) Notice.--The Secretary of the Budget shall send written

notice to the commission and to the Governor of the failure of

the commission to do any of the following:

(1) Make a payment to the department under this chapter

or the lease agreement.

(2) Deliver a financial plan to the Secretary of the

Budget within the time prescribed under section 8917

(relating to financial plan).

(b) Unanimous vote required.--

(1) Except as provided under paragraph (1.1), upon the

receipt by the commission of the notice under subsection (a)

and notwithstanding any other provision of law, action of

the commission taken by vote of the commissioners shall

require a unanimous vote of all commissioners. Violation of

this paragraph shall render the action invalid.

(1.1) A unanimous vote shall not be required if it would

prevent the commission from complying with any covenants

made to current bondholders, debt holders or creditors.

(2) The requirement of paragraph (1) shall continue

until:

(i) the required payments have been made to the

department or the required financial plan has been

delivered; and

(ii) the Secretary of the Budget has notified the

commission and the Governor of that fact.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 8918.

Cross References. Section 8918 is referred to in section

8917 of this title.

CHAPTER 90

LIQUID FUELS AND FUELS TAX

Sec.

9001. Short title of chapter.

9002. Definitions.

9003. Liquid fuels and fuels permits; bond or deposit of

securities.

9004. Imposition of tax, exemptions and deductions.

9004.1. Political subdivision and volunteer service use of

tax-free motor fuels.

9005. Taxpayer.

9006. Distributor's report and payment of tax.

9007. Determination and redetermination of tax, penalties and

interest due.

9008. Examination of records and equipment.

9009. Retention of records by distributors and dealers.

9010. Disposition and use of tax.

9011. Discontinuance or transfer of business.

9012. Suspension or revocation of permits.

9013. Lien of taxes, penalties and interest.

9014. Collection of unpaid taxes.

9015. Reports from common carriers.

9016. Reward for detection of violations.

9017. Refunds.

9018. Violations.

9019. Diesel fuel importers and transporters; prohibiting use

of dyed diesel fuel on highways; violations and

penalties.

9020. Disposition of fees, fines and forfeitures.

9021. Certified copies of records.

9022. Uncollectible checks.

9023. Application of Prevailing Wage Act to locally funded

highway and bridge projects.

9024. Electric vehicle road user charge.

Enactment. Chapter 90 was added April 17, 1997, P.L.6, No.3,

effective October 1, 1997, unless otherwise noted.

Special Provisions in Appendix. See section 21 of Act 3 of

1997 in the appendix to this title for special provisions

relating to legislative intent.

Cross References. Chapter 90 is referred to in sections

9402, 9403, 9404, 9502 of this title.

§ 9001. Short title of chapter.

This chapter shall be known and may be cited as the Liquid

Fuels and Fuels Tax Act.

§ 9002. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

"Alternative fuels." Natural gas, compressed natural gas

(CNG), liquified natural gas (LNG), liquid propane gas and

liquified petroleum gas (LPG), alcohols, gasoline-alcohol

mixtures containing at least 85% alcohol by volume, hydrogen,

hythane, electricity and any other fuel used to propel motor

vehicles on the public highways which is not taxable as fuels

or liquid fuels under this chapter.

"Alternative fuel dealer-user." Any person who delivers or

places alternative fuels into the fuel supply tank or other

device of a vehicle for use on the public highways.

"Association." A partnership, limited partnership or any

other form of unincorporated enterprise owned by two or more

persons.

"Average wholesale price." The average wholesale price of

all taxable liquid fuels and fuels, excluding the Federal excise

tax and all liquid fuels taxes, shall be as follows:

(1) After December 31, 2013, and before January 1, 2015,

the average wholesale price shall be $1.87 per gallon.

(2) After December 31, 2014, and before January 1, 2017,

the average wholesale price shall be $2.49 per gallon.

(3) After December 31, 2016, the average wholesale price

shall be as determined by the Department of Revenue for the

12-month period ending on the September 30 immediately prior

to January 1 of the year for which the rate is to be set.

In no case shall the average wholesale price be less than

$2.99 per gallon.

"Cents-per-gallon equivalent basis." The average wholesale

price per gallon multiplied by the decimal equivalent of any

tax imposed by section 9502 (relating to imposition of tax),

the product of which is rounded to the next highest tenth of a

cent per gallon. The rate of tax shall be determined by the

Department of Revenue on an annual basis beginning every January

1 and shall be published as a notice in the Pennsylvania

Bulletin no later than the preceding December 15. In the event

of a change in the rate of tax imposed by section 9502, the

department shall redetermine the rate of tax as of the effective

date of such change and give notice as soon as possible.

"Corporation." A corporation or joint stock association

organized under the laws of this Commonwealth, the United States

or any other state, territory or foreign country or dependency.

"Dealer." Any person engaged in the retail sale of liquid

fuels or fuels.

"Department." The Department of Revenue of the Commonwealth.

"Diesel fuel." Any liquid, other than liquid fuels, which

is suitable for use as a fuel in a diesel-powered highway

vehicle. The term includes kerosene.

"Distributor." Any person that:

(1) Produces, refines, prepares, blends, distills,

manufactures or compounds liquid fuels or fuels in this

Commonwealth for the person's use or for sale and delivery

in this Commonwealth.

(2) Imports or causes to be imported from any other

state or territory of the United States or from a foreign

country liquid fuels or fuels for the person's use in this

Commonwealth or for sale and delivery in and after reaching

this Commonwealth, other than in the original package,

receptacle or container.

(3) Imports or causes to be imported from any other

state or territory of the United States liquid fuels or fuels

for the person's use in this Commonwealth or for sale and

delivery in this Commonwealth after they have come to rest

or storage in the other state or territory, whether or not

in the original package, receptacle or container.

(4) Purchases or receives liquid fuels or fuels in the

original package, receptacle or container in this

Commonwealth for the person's use or for sale and delivery

in this Commonwealth from any person who has imported them

from a foreign country.

(5) Purchases or receives liquid fuels or fuels in the

original package, receptacle or container in this

Commonwealth for the person's use in this Commonwealth or

for sale and delivery in this Commonwealth from any person

who has imported them from any other state or territory of

the United States if the liquid fuels or fuels have not,

prior to purchase or receipt, come to rest or storage in

this Commonwealth.

(6) Receives and uses or distributes liquid fuels or

fuels in this Commonwealth on which the tax provided for in

this chapter has not been previously paid.

(7) Owns or operates aircraft, aircraft engines or

facilities for delivery of liquid fuels to aircraft or

aircraft engines and elects, with the permission of the

Secretary of Revenue, to qualify and obtain a permit as a

distributor.

(8) Exports liquid fuels or fuels other than in the

fuel supply tanks of motor vehicles.

"Dyed diesel fuel." Any liquid, other than liquid fuels,

which is suitable for use as a fuel in a diesel-powered highway

vehicle and which is dyed pursuant to Federal regulations issued

under section 4082 of the Internal Revenue Code of 1986 (Public

Law 99-514, 26 U.S.C. § 4082) or which is a dyed fuel for

purposes of section 6715 of the Internal Revenue Code of 1986

(26 U.S.C. § 6715).

"Export." Accountable liquid fuels or fuels delivered out

of State by or for the seller constitutes an export by the

seller. Accountable liquid fuels or fuels delivered out of State

by or for the purchaser constitutes an export by the purchaser.

"Fuels." Includes diesel fuel and all combustible gases and

liquids used for the generation of power in aircraft or aircraft

engines or used in an internal combustion engine for the

generation of power to propel vehicles on the public highways.

The term does not include liquid fuels or dyed diesel fuel.

"Gallon equivalent basis." The amount of any alternative

fuel as determined by the department to contain 114,500 BTU's.

The rate of tax on the amount of each alternative fuel as

determined by the department under the previous sentence shall

be the current liquid fuels tax and oil company franchise tax

applicable to one gallon of gasoline.

"Highway." Every way or place open to the use of the public,

as a matter of right, for purposes of vehicular travel.

"Import." Accountable liquid fuels or fuels delivered into

this Commonwealth from out of State by or for the seller

constitutes an import by the seller. Accountable liquid fuels

or fuels delivered into this Commonwealth from out of State by

or for the purchaser constitutes an import by the purchaser.

"Liquid fuels." All products derived from petroleum, natural

gas, coal, coal tar, vegetable ferments and other oils. The

term includes gasoline, naphtha, benzol, benzine or alcohols,

either alone or when blended or compounded, which are

practically and commercially suitable for use in internal

combustion engines for the generation of power or which are

prepared, advertised, offered for sale or sold for use for that

purpose. The term does not include kerosene, fuel oil, gas oil,

diesel fuel, tractor fuel by whatever trade name or technical

name known having an initial boiling point of not less than 200

degrees fahrenheit and of which not more than 95% has been

recovered at 464 degrees fahrenheit (ASTM method D-86),

liquified gases which would not exist as liquids at a

temperature of 60 degrees fahrenheit and pressure of 14.7 pounds

per square inch absolute or naphthas and benzols and solvents

sold for use for industrial purposes.

"Magistrate." An officer of the minor judiciary. The term

includes a magisterial district judge.

"Mass transportation systems." Persons subject to the

jurisdiction of the Pennsylvania Public Utility Commission and

municipality authorities that transport persons on schedule

over fixed routes and derive 90% of their intrastate scheduled

revenue from scheduled operations within the county in which

they have their principal place of business or with contiguous

counties.

"Permit." A liquid fuels permit or a fuels permit.

"Person." Every natural person, association or corporation.

Whenever used in any provision prescribing and imposing a fine

or imprisonment, the term as applied to associations means the

partners or members and as applied to corporations means the

officers thereof.

"Sale" and "sale and delivery." Includes the invoicing or

billing of liquid fuels or fuels free of tax as provided in

section 9005 (relating to taxpayer) from one distributor to

another regardless of whether the purchasing distributor is an

accommodation party for purposes of taking title or takes actual

physical possession of the liquid fuels or fuels.

"Secretary." The Secretary of Revenue of the Commonwealth.

(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Nov. 25, 2013,

P.L.974, No.89, eff. imd.)

2013 Amendment. Act 89 amended the def. of "average

wholesale price." See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

2004 Amendment. Act 207 amended the def. of "magistrate."

See section 29 of Act 207 in the appendix to this title for

special provisions relating to construction of law.

Special Provisions in Appendix. See section 21(d) of Act 3

of 1997 in the appendix to this title for special provisions

relating to computation of "cents-per-gallon equivalent basis."

Cross References. Section 9002 is referred to in section

9602 of this title.

§ 9003. Liquid fuels and fuels permits; bond or deposit of

securities.

(a) Permit required; violation.--A distributor may not

engage in the use or sale and delivery of liquid fuels within

this Commonwealth without a liquid fuels permit or engage in

the use or sale and delivery of fuels within this Commonwealth

without a fuels permit. Each day in which a distributor engages

in the use or sale and delivery of liquid fuels within this

Commonwealth without a liquid fuels permit or fuels without a

fuels permit shall constitute a separate offense. For each such

offense, the distributor commits a misdemeanor of the third

degree.

(b) Application.--A person desiring to operate as a

distributor shall file an application for a liquid fuels permit

or a fuels permit, or both, with the department. The application

for a permit must be made upon a form prescribed by the

department and must set forth the name under which the applicant

transacts or intends to transact business, the location of the

place of business within this Commonwealth and such other

information as the department may require. If the applicant has

or intends to have more than one place of business within this

Commonwealth, the application shall state the location of each

place of business. If the applicant is an association, the

application shall set forth the names and addresses of the

persons constituting the association. If the applicant is a

corporation, the application shall set forth the names and

addresses of the principal officers of the corporation and any

other information prescribed by the department for purposes of

identification. The application shall be signed and verified

by oath or affirmation by:

(1) the owner, if the applicant is an individual;

(2) a member or partner, if the applicant is an

association; or

(3) an officer or an individual authorized in a writing

attached to the application, if the applicant is a

corporation.

the bond required in subsection (d), the department shall grant

and issue to each distributor a permit for each place of

business within this Commonwealth set forth in the application.

Permits shall not be assignable and shall be valid only for the

distributors in whose names they are issued. Permits shall be

valid only for the transaction of business at the places

designated. Permits shall be conspicuously displayed at the

places for which they are issued. A permit shall expire on the

May 31 next succeeding the date upon which it was issued.

(d) Surety bond.--A permit shall not be granted until the

applicant has filed with the department a surety bond payable

to the Commonwealth in an amount fixed by the department of at

least $2,500. Every bond must have as surety an authorized

surety company approved by the department. The bond must state

that the distributor will faithfully comply with the provisions

of this chapter during the effective period of his permit. The

department may require any distributor to furnish such

additional, acceptable corporate surety bond as necessary to

secure at all times the payment to the Commonwealth of all

taxes, penalties and interest due under the provisions of this

chapter and section 9502 (relating to imposition of tax). If a

distributor fails to file the additional bond within ten days

after written notice from the department, the department may

suspend or revoke the permit and collect all taxes, penalties

and interest due. For the purpose of determining whether an

existing bond is sufficient, the department may by written

notice require a distributor to furnish a financial statement

in such form as it may prescribe. Upon failure of any

distributor to furnish a financial statement within 30 days of

written notice, the department may suspend or revoke the permit

and shall collect all taxes, penalties and interest due by him.

(d.1) Waiver of surety bond.--

(1) The department shall waive the bond required by

subsection (d) with respect to retail sales of kerosene sold

for private household use.

(2) The department may waive the bond required by

subsection (d) with respect to a class of distributors if

the department finds that the cost of bonding to that class

is excessive when compared to the risk of loss to the

Commonwealth.

(e) Surety discharge.--A surety on a bond furnished by a

distributor as provided in this section shall be released and

discharged from liability to the Commonwealth accruing on the

bond after the expiration of 60 days from the date upon which

such surety shall have lodged with the department a written

request to be released and discharged. This provision shall not

operate to relieve, release or discharge the surety from

liability already accrued or which shall accrue before the

expiration of the 60-day period. The department shall, upon

receiving any such request, notify the distributor who furnished

the bond. Unless the distributor, on or before the expiration

of the 60-day period, files with the department a new bond,

with corporate surety approved by and acceptable to the

department, the department shall cancel the distributor's permit

or permits. If a new bond is furnished by a distributor, the

department shall cancel and surrender the old bond of the

distributor as soon as it and the Office of Attorney General

are satisfied that all liability under the old bond has been

fully discharged.

(f) Renewal.--Permits issued under the provisions of this

chapter may be renewed annually, before June 1, upon an

application being made to the department. No permit shall be

renewed until the applicant files with the department a new

surety bond in an amount fixed by the department and conditioned

that the distributor will faithfully comply with the provisions

of this chapter and section 9502.

(g) Interstate or foreign commerce.--Nothing contained in

this chapter shall require the filing of any application or

bond or the possession and display of a liquid fuels permit for

the use or sale and delivery of liquid fuels in interstate or

foreign commerce not within the taxing power of the Commonwealth

or for the use of liquid fuels by the Federal Government.

(h) Financial guarantees.--Any person required by the

provisions of this section to file a surety bond may, in lieu

of the bond, deposit with the State Treasurer bonds of the

United States or of the Commonwealth, the par value of which

is the amount of the surety bond required of such person, or

present to the State Treasurer satisfactory evidence of

financial guarantees in the form of an irrevocable letter of

credit from a financial institution authorized to do business

in this Commonwealth. The treasurer shall issue to the person

a certificate of such deposit or financial guarantee. The person

shall file the certificate with the department. Its securities

or letter of credit deposited with the State Treasurer shall

be held as a guarantee that the holder of the permit shall

faithfully comply with the provisions of this chapter and

section 9502 during the effective period of the permit. The

securities or letter of credit shall be retained by the State

Treasurer for a period of 60 days after the termination of the

permit, and such securities or letter of credit shall not be

released from any liability to the Commonwealth already accrued

or which shall accrue before the expiration of the 60-day

period. At the end of the 60-day period, the securities or

letter of credit shall be returned to their owner only if all

claims of the Commonwealth guaranteed by the deposit have been

fully satisfied.

(i) Penalties.--Any person that assigns a permit or fails

to display conspicuously a permit at the place for which it is

issued commits a summary offense.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 added subsec. (d.1).

Cross References. Section 9003 is referred to in section

9405 of this title.

§ 9004. Imposition of tax, exemptions and deductions.

(a) (Reserved).

(b) Oil company franchise tax for highway maintenance and

construction.--The tax imposed by Chapter 95 (relating to taxes

for highway maintenance and construction) shall be imposed and

collected on liquid fuels and fuels, on a cents-per-gallon

equivalent basis, upon all gallons of liquid fuels and fuels

used or sold and delivered by distributors within this

Commonwealth.

subsection (b):

(1) A State tax of 1 1/2¢ a gallon or fractional part

thereof is imposed and assessed upon all liquid fuels used

or sold and delivered by distributors within this

Commonwealth for use as fuel in propeller-driven piston

engine aircraft or aircraft engines.

(2) A State tax of 1 1/2¢ a gallon or fractional part

thereof is imposed and assessed upon all liquid fuels used

or sold and delivered by distributors within this

Commonwealth for use as fuel in turbine-propeller jet,

turbojet or jet- driven aircraft or aircraft engines.

(d) Alternative fuels tax.--

(1) A tax is hereby imposed upon alternative fuels used

to propel vehicles of any kind or character on the public

highways. The rate of tax applicable to each alternative

fuel shall be computed by the department on a gallon

equivalent basis and shall be published as necessary by

notice in the Pennsylvania Bulletin.

(2) The tax imposed in this section upon alternative

fuels shall be reported and paid to the department by each

alternative fuel dealer-user rather than by distributors

under this chapter similar to the manner in which

distributors are required to report and pay the tax on liquid

fuels and fuels, and the licensing and bonding provisions

of this chapter shall be applicable to alternative fuel

dealer-users. The department may permit alternative fuel

dealer-users to report the tax due for reporting periods

greater than one month up to an annual basis provided the

tax is prepaid on the estimated amount of alternative fuel

to be used in such extended period. The bonding requirements

may be waived by the department where the tax has been

prepaid.

(e) Exceptions.--The tax imposed under subsections (b), (c)

and (d) shall not apply to liquid fuels, fuels or alternative

fuels:

(1) Delivered to the Federal Government on presentation

of an authorized Federal Government exemption certificate

or other evidence satisfactory to the department.

(2) Used or sold and delivered which are not within the

taxing power of the Commonwealth under the Commerce Clause

of the Constitution of the United States.

(3) Used as fuel in aircraft or aircraft engines, except

for the tax imposed under subsection (c).

(4) Delivered to this Commonwealth, a political

subdivision, a volunteer fire company, a volunteer ambulance

service, a volunteer rescue squad, a second class county

port authority or a nonpublic school not operated for profit

on presentation of evidence satisfactory to the department.

(f) Single payment.--The tax imposed and assessed under

this subsection shall be collected by and paid to the

Commonwealth only once in respect to any liquid fuels, fuels

and alternative fuels.

(g) Distributors to pay tax.--Distributors shall be liable

to the Commonwealth for the collection and payment of the tax

imposed by this chapter. The tax imposed by this chapter shall

be collected by the distributor at the time the liquid fuels

and fuels are used or sold and delivered by the distributor and

shall be borne by the consumer.

(h) Losses to be allowed.--The department shall allow for

handling and storage losses of liquid fuels and fuels that are

substantiated to the satisfaction of the department.

(Nov. 25, 2013, P.L.974, No.89, eff. Jan. 1, 2014)

2013 Amendment. Act 89 amended subsecs. (a), (b), (c)

intro. par. and (e) intro. par. See the preamble to Act 89 in

the appendix to this title for special provisions relating to

legislative findings and declarations.

Special Provisions in Appendix. See section 21(d) of Act 3

of 1997 in the appendix to this title for special provisions

relating to computation of "cents-per-gallon equivalent basis."

Cross References. Section 9004 is referred to in sections

9004.1, 9006, 9017, 9502, 9511.11, 9603 of this title.

§ 9004.1. Political subdivision and volunteer service use of

tax-free motor fuels.

(a) Limitations.--An exempt entity:

(1) May not be a distributor.

(2) May use tax-free motor fuels only for its own

official business purposes.

(3) May not sell or deliver tax-free motor fuels to any

other person or exempt entity.

(4) May purchase and take delivery of tax-free motor

fuels only from a distributor.

(5) Shall cooperate with the department during an

investigation or audit related to the use, sale or delivery

of tax-free motor fuels provided for in this chapter.

(b) Penalty.--An exempt entity that improperly uses, sells

or delivers tax-free motor fuels shall:

(1) Pay the tax imposed under section 9004(b) (relating

to imposition of tax, exemptions and deductions).

(2) Pay an additional penalty equal to 100% of the tax

imposed under section 9004(b).

(3) Be subject to any other penalty, summary offense

or misdemeanor that may be imposed upon distributors who

violate the provisions of this chapter.

fuels.--An exempt entity may withdraw tax-free motor fuels from

a bulk storage tank containing only commingled tax-free motor

fuels if the following apply:

(1) The bulk storage tank is located on property owned

by one of the exempt entities that owns tax-free motor fuels

placed into the tank and the exempt entity owning the

property is the owner of the bulk storage tank.

(2) Each exempt entity commingling tax-free motor fuels

in the bulk storage tank contracts separately with a

distributor for purchase and delivery of tax-free motor fuels

placed into the tank.

(3) Each exempt entity owning tax-free motor fuels in

the bulk storage tank enters into an agreement with the

exempt entity that owns the bulk storage tank and the

agreement includes provisions pertaining to:

(i) purchase from distributors of tax-free motor

fuels placed into the bulk storage tank;

(ii) method of delivery of tax-free motor fuels

into the bulk storage tank;

(iii) controls and security procedures for the

removal of tax-free motor fuels from the bulk storage

tank by the volunteer service;

(iv) storage of tax-free motor fuels in the bulk

storage tank;

(v) removal of tax-free motor fuels from the bulk

storage tank;

(vi) compliance with all of the recordkeeping

requirements for liquid fuels and fuels as provided under

this chapter; and

(vii) acknowledgment of joint and several liability

for loss, misuse or undocumented withdrawals of tax-free

motor fuels from the bulk storage tank.

(4) The exempt entity does not withdraw from the bulk

storage tank any amount of commingled tax-free motor fuels

for which the exempt entity has not previously paid a

distributor to deliver into the tank, except as provided for

volunteer services under subsection (d).

(5) Tax-paid motor fuels are not placed into a bulk

storage tank containing commingled tax-free motor fuels.

(6) Only exempt entities may own tax-free motor fuels

placed into or removed from the bulk storage tank containing

commingled tax-free motor fuels.

(7) All of the recordkeeping compliance provisions of

this chapter are satisfied by each entity owning commingled

tax-free motor fuels in the bulk storage tank.

(d) Conditions on use of motor fuels transferred to

volunteer services from political subdivisions.--A volunteer

service may use tax-free motor fuels transferred to the

volunteer service from a political subdivision if the following

apply:

(1) The political subdivision's bulk storage tank from

which the volunteer service removes tax-free motor fuels

contains only tax-free motor fuels that are either owned

exclusively by the political subdivision or owned by both

the political subdivision and one or more volunteer services

pursuant to a valid commingling agreement as provided for

under subsection (c)(3).

(2) The volunteer service provides services to the

political subdivision and the residents of the political

subdivision.

(3) The volunteer service takes delivery of the motor

fuel directly from a bulk storage tank owned by the political

subdivision.

(4) Tax-free motor fuels withdrawn from the political

subdivision's bulk storage tank by a volunteer service must

be placed directly into the vehicle propulsion tank of a

vehicle owned and operated by the volunteer service.

(e) Definitions.--The following words and phrases when used

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Exempt entity." A political subdivision or volunteer

service in accordance with section 9004(e).

"Motor fuels." Liquid fuels or fuels. The term does not

include alternative fuels.

"Political subdivision." A county, city, borough,

incorporated town, township, school district, vocational school

district or county institution district.

"Tax-free motor fuels." Motor fuels upon which the oil

company franchise tax under 9004(b) has not been imposed.

"Volunteer service." A volunteer fire company, volunteer

ambulance service or volunteer rescue squad.

(Nov. 25, 2020, P.L.1242, No.129, eff. imd.)

2020 Amendment. Act 129 added section 9004.1.

§ 9005. Taxpayer.

(a) Duty of distributor.--Every distributor using or

delivering liquid fuels and fuels upon which a tax is imposed

by this chapter shall pay the tax into the State Treasury

through the department.

(b) Delivery between distributors.--

(1) Whenever liquid fuels and fuels are delivered within

this Commonwealth by one distributor to another distributor

holding a permit under this chapter, the distributor

receiving the liquid fuels and fuels shall separately show,

in that distributor's monthly reports to the department, all

such deliveries from each distributor and shall pay the

liquid fuels and fuels tax provided for by this chapter upon

all such liquid fuels and fuels used or sold and delivered

within this Commonwealth.

(2) The distributor making deliveries under paragraph

(1) shall separately show those deliveries in that

distributor's monthly reports to the department and shall

then be exempt from the payment of the tax which would

otherwise be imposed upon the liquid fuels and fuels so

delivered.

(3) The distributor shall furnish to the department

such information concerning such deliveries as the department

may require.

(4) The department shall furnish to any distributor,

upon request, a list of distributors holding permits under

this chapter and their addresses.

amount of the tax to the price of liquid fuels and fuels sold

by them and shall state the rate of the tax separately from the

price of the liquid fuels and fuels on all price display signs,

sales or delivery slips, bills and statements which advertise

or indicate the price of liquid fuels and fuels.

(d) Penalty.--A person who violates this section commits a

summary offense.

Cross References. Section 9005 is referred to in section

9002 of this title.

§ 9006. Distributor's report and payment of tax.

(a) Monthly report.--For the purpose of ascertaining the

amount of tax payable under this chapter, the distributor, on

or before the 20th day of each month, shall transmit to the

department on a form prescribed by the department a report,

under oath or affirmation, of the liquid fuels and fuels used

or delivered by that distributor within this Commonwealth during

the preceding month. The report shall show the number of gallons

of liquid fuels and fuels used or delivered within this

Commonwealth during the period for which that report is made

and any further information that the department prescribes. A

distributor having more than one place of business within this

Commonwealth shall combine in each report the use or delivery

of liquid fuels and fuels at all such separate places of

business.

(b) Computation and payment of tax.--

(1) The distributor, at the time of making the report

under subsection (a), shall compute and pay to the department

the tax due to the Commonwealth on liquid fuels and fuels

used or sold and delivered by that distributor during the

preceding month, less a discount, if the report is filed and

the tax paid on time, computed as follows:

(i) 2%, if the tax amounts to $50,000 or less;

(ii) 1.5%, on tax in excess of $50,000 and not

exceeding $75,000;

(iii) 1%, on tax in excess $75,000 and not exceeding

$100,000; and

(iv) .5%, on tax in excess of $100,000.

(2) The discount under paragraph (1) shall not be

computed on any tax imposed and remitted with respect to the

oil company franchise tax imposed under sections 9004(b)

(relating to imposition of tax, exemptions and deductions)

and 9502 (relating to imposition of tax), except with respect

to the oil company franchise tax imposed under section

9502(a)(5).

provisions of this chapter for each month shall be due and

payable on the 20th day of the next succeeding month. Taxes due

shall bear interest at the rate of 1% per month or fractional

part of a month from the date they are due and payable until

paid.

(d) Additional penalty.--If a distributor neglects or

refuses to make any report and payment as required, an

additional 10% of the amount of the tax due shall be added by

the department and collected as provided. In addition to the

added penalty, the permit of the distributor may be suspended

or revoked by the department.

(Nov. 25, 2013, P.L.974, No.89, eff. Jan. 1, 2014)

2013 Amendment. Act 89 amended subsec. (b)(2). See the

preamble to Act 89 in the appendix to this title for special

provisions relating to legislative findings and declarations.

§ 9007. Determination and redetermination of tax, penalties

and interest due.

(a) Determination.--If the department is not satisfied with

the report and payment of tax made by any distributor under the

provisions of this chapter, it is authorized to make a

determination of the tax due by the distributor based upon the

facts contained in the report or upon any information within

its possession.

(b) Notice.--Promptly after the date of determination, the

department shall send by registered mail a copy to the

distributor. Within 90 days after the date upon which the copy

of the determination was mailed, the distributor may file with

the department a petition for redetermination of such tax. A

petition for redetermination must state specifically the reasons

which the petitioner believes allow the redetermination and

must be supported by affidavit that it is not made for the

purpose of delay and that the facts set forth are true. The

department shall, within six months after the date of a

determination, dispose of a petition for redetermination. Notice

of the action taken upon any petition for redetermination shall

be given to the petitioner promptly after the date of

redetermination by the department.

of mailing of notice by the department of the action taken on

any petition for redetermination filed with it, the distributor

against whom the determination was made may by petition request

the Board of Finance and Revenue to review the action. A

petition for review must state specifically the reason upon

which the petitioner relies or must incorporate by reference

the petition for redetermination in which the reasons have been

stated. The petition must be supported by affidavit that it is

not made for the purpose of delay and that the facts set forth

are true. If the petitioner is a corporation or association,

the affidavit must be made by one of its principal officers. A

petition for review may be amended by the petitioner at any

time prior to the hearing. The board shall act finally in

disposition of petitions filed with it within six months after

they have been received. In the event of the failure to dispose

of a petition within six months, the action taken by the

department upon the petition for redetermination shall be deemed

sustained. The board may sustain the action taken on the

petition for redetermination or it may redetermine the tax due

upon such basis as it deems according to law and equity. Notice

of the action of the board shall be given to the department and

to the petitioner.

(d) Sanctions.--If a distributor neglects or refuses to

make a report and payment of tax required by this chapter, the

department shall estimate the tax due by such distributor and

determine the amount due for taxes, penalties and interest.

There shall be no right of review or appeal from this

determination. Upon neglect or refusal, permits issued to the

distributor may be suspended or revoked by the department and

required to be surrendered to the department.

Cross References. Section 9007 is referred to in section

9017 of this title.

§ 9008. Examination of records and equipment.

(a) General rule.--The department or any agent appointed

in writing by the department is authorized to examine the books,

papers, records, storage tanks and any other equipment of any

distributor, dealer or any other person pertaining to the use

or sale and delivery of liquid fuels and fuels taxable under

this chapter to verify the accuracy of any report or payment

made under the provisions of this chapter or to ascertain

whether or not the tax imposed by this chapter has been paid.

Any information gained by the department as the result of the

reports, investigations or verifications required to be made

shall be confidential.

(b) Penalty.--A person divulging confidential information

under subsection (a) commits a misdemeanor of the third degree.

or (b) or section 731 of the act of April 9, 1929 (P.L.343,

No.176), known as The Fiscal Code, incorrect liquid fuel, fuel

or alternative fuel composition information, including octane

values, discovered by the department upon examination of storage

tank contents or related records may be disclosed to an

appropriate enforcement authority for investigation.

(d) Public safety.--Notwithstanding subsection (a) or (b)

or section 731 of The Fiscal Code, any suspected violation that

could pose a threat to public safety discovered by the

department during an examination authorized by this section may

be disclosed to an appropriate enforcement authority for

investigation.

(Nov. 25, 2020, P.L.1242, No.129, eff. imd.)

2020 Amendment. Act 129 added subsecs. (c) and (d).

§ 9009. Retention of records by distributors and dealers.

(a) Record retention period.--

(1) The distributor and dealer shall maintain and keep

for a period of two years a record of liquid fuels and fuels

used or sold and delivered within this Commonwealth by the

distributor, together with invoices, bills of lading and

other pertinent papers as required by the department.

(2) A person purchasing liquid fuels and fuels taxable

under this chapter from a distributor for the purpose of

resale shall maintain for a period of two years a record of

liquid fuels and fuels received, the amount of tax paid to

the distributor as part of the purchase price, delivery

tickets, invoices and bills of lading and such other records

as the department requires.

(3) Additional records include:

(i) A distributor shall keep a record showing the

number of gallons of:

(A) all diesel fuel inventories on hand at the

first of each month;

(B) all diesel fuel refined, compounded or

blended;

showing the name of the seller and the date of each

purchase or receipt;

(D) all diesel fuel sold, distributed or used,

showing the name of the purchaser and the date of

sale, distribution or use; and

(E) all diesel fuel lost by fire or other

accident.

(ii) A dealer shall keep a record showing the number

of gallons of:

(A) all diesel fuel inventories on hand at the

first of each month;

(B) all diesel fuel purchased or received,

showing the name of the seller, the date of each

purchase or receipt;

and

(D) all diesel fuel lost by fire or other

accident.

(b) Penalty.--Any person violating any of the provisions

of this section commits a misdemeanor of the third degree.

Cross References. Section 9009 is referred to in sections

9017, 9404 of this title.

§ 9010. Disposition and use of tax.

(a) (Reserved).

(b) Payment to counties.--

(1) The money paid into the Liquid Fuels Tax Fund under

section 9502(a)(5)(i) (relating to imposition of tax), except

that which is refunded, shall be paid to the respective

counties of this Commonwealth on June 1 and December 1 of

each year in the ratio that the average amount returned to

each county during the three preceding years bears to the

average amount returned to all counties during the three

preceding years.

(2) All money received by the counties under paragraph

(1) shall be deposited and maintained in a special fund

designated as the County Liquid Fuels Tax Fund. No other

money shall be deposited and commingled into the County

Liquid Fuels Tax Fund, except in a county which does not

have sufficient money in such special fund to provide for

payments designated in the current annual budget.

(i) Payment from that special fund shall be for the

following purposes:

(A) Construction, reconstruction, maintenance

and repair of roads, highways, bridges and curb ramps

from a road or highway to provide for access by

individuals with disabilities consistent with Federal

and State law.

(B) Property damages and compensation of viewers

for services in eminent domain proceedings involving

roads, highways and bridges.

maintenance of publicly owned ferryboat operations.

(D) Interest and principal payments on road,

bridge or publicly owned ferryboat operation bonds

or sinking fund charges for such bonds becoming due

within the current calendar year.

(E) Acquisition, maintenance, repair and

operation of traffic signs and traffic signals.

(F) Erection and maintenance of stop and go

signal lights, blinkers and other like traffic

control devices.

(G) Indirect costs, including benefit costs,

overhead and other administrative charges for those

county employees directly engaged in eligible

projects. Expenditures under this clause may not

exceed 10% of the yearly allocation to the county.

(H) Individual vehicle liability insurance for

equipment purchased under the fund. Expenditures

under this clause may not exceed 10% of the yearly

allocation to the county.

(ii) The county for the purpose of payments under

subparagraph (i) may borrow and place in the special

fund money not in excess of the liquid fuels tax funds

to be received during the current calendar year. Loans

shall be repaid from the special fund before the

expiration of the current calendar year and not

thereafter. Money so received and deposited shall be

used only for the following purposes:

(A) Construction, reconstruction, maintenance

and repair of roads, highways, bridges and curb ramps

from a road or highway to provide for access by

individuals with disabilities consistent with Federal

and State law.

(B) Payment of property damage and compensation

of viewers for services in eminent domain proceedings

involving roads, highways and bridges occasioned by

the relocation or construction of highways and

bridges.

maintenance of publicly owned ferryboat operations.

(D) Payment of interest and sinking fund charges

on bonds issued or used for highways and bridge

purposes and publicly owned ferryboat operations.

(E) Acquisition, maintenance, repair and

operation of traffic signs and traffic signals.

(iii) No expenditures from the special fund shall

be made by the county commissioners for new construction

on roads, bridges, curb ramps or publicly owned ferryboat

operations without the approval of the plans for

construction by the department.

(iv) The county commissioners shall not allocate

money from the special fund to any political subdivision

within the county until the application and the contracts

or plans for the proposed expenditures have been made

on a form prescribed by the department.

(v) The county commissioners of each county shall

make to the department, by January 15 for the period

ending December 31, on a form prescribed by the

department a report showing the receipts and expenditures

of the money received by the county from the Commonwealth

under this section. Copies of the report shall be

transmitted to the department and to the Department of

the Auditor General for audit.

(vi) Upon the failure of the county commissioners

to file the report or to make any payments, allocations

or expenditures in compliance with this section, the

department shall withhold further payments to the county

out of the Liquid Fuels Tax Fund until the delinquent

report is filed, the money is allocated or the

expenditures for the prior 12 months are approved by the

department.

(c.1), the county commissioners may allocate and apportion money

from the County Liquid Fuels Tax Fund to the political

subdivisions within the county in the ratio as provided in this

subsection. When the unencumbered balance in the County Liquid

Fuels Tax Fund is greater than the receipts for the 12 months

immediately preceding the date of either of the reports, the

county commissioners shall notify the political subdivisions

to make application within 90 days for participation in the

redistribution of the unencumbered balance. Redistribution shall

be effected within 120 days of the date of either of the

reports. The county commissioners may distribute the

unencumbered balance in excess of 50% of the receipts for the

previous 12 months to the political subdivisions making

application in the following manner:

(1) Fifty percent of the money shall be allocated and

apportioned among the political subdivisions within the

county in the ratio which the total mileage of all roads and

streets maintained by each political subdivision making

application bears to the total mileage of all the roads and

streets maintained by all political subdivisions making

application in the county as of January 1 of the year in

which an allocation is made.

(2) The remaining 50% of the money shall be allocated

and apportioned among the same political subdivisions on a

population basis in the ratio which the population in each

political division making an application bears to the total

population of all political subdivisions making application.

(3) In the case of an emergency and upon approval of

the Department of Transportation, the county commissioners

may enter into contracts and obligations for the expenditure

of the estimated liquid fuels tax receipts for a period not

exceeding two years and receive a credit for expenditures

against subsequent receipts. No county may carry over any

credit balance against future fuel tax receipts from year

to year.

(c.1) Forfeiture.--All money allocated under subsection (c)

to a political subdivision which, under section 6109(a)

(relating to specific powers of department and local

authorities), violates section 6101(a) (relating to

applicability and uniformity of title) shall be withheld by the

county during the period of time in which the municipality is

in violation of section 6101(a).

(c.2) Release funds.--Upon notification that the local

authority has repealed or substantially amended the ordinance

to remove the language that was found to be in violation of

section 6101(a), the county shall release those funds withheld

by the county and due the local agency.

(d) Copies of laws.--The Department of Transportation shall

annually issue to the county commissioners and to the corporate

authorities of the political subdivisions in the counties copies

of the laws with special reference to pertinent provisions and

regulations relating to the receipts and expenditures of any

funds authorized to be apportioned, allocated or expended.

(e) Appropriation.--

(1) Notwithstanding the provisions of this subsection

and notwithstanding the provisions of section 3 of the act

of June 1, 1956 (1955 P.L.1944, No.655), referred to as the

Liquid Fuels Tax Municipal Allocation Law, the entire

revenues from 1¢ of the tax imposed by this chapter are

hereby appropriated to the Department of Transportation.

(2) The following apply insofar as consistent with

section 9102 (relating to distribution of State highway

maintenance funds):

(i) Except as provided in subparagraph (ii), the

department shall use the revenues appropriated to it

under this subsection for the maintenance and resurfacing

of secondary roads.

(ii) The revenues shall be apportioned by the

department for expenditure in the several counties of

this Commonwealth in the ratio that the total mileage

of State highways in any county bears to the total

mileage of State highways in this Commonwealth.

(3) The tax of 1 1/2¢ a gallon imposed and assessed on

liquid fuels used or sold and delivered for use as a fuel

in propeller-driven aircraft or aircraft engines, the tax

of 1 1/2¢ a gallon on liquid fuels used or sold and delivered

for use as a fuel in jet or turbojet-propelled aircraft or

aircraft engines in lieu of other taxes, all penalties and

interests and all interest earned on deposits of the Liquid

Fuels Tax Fund shall be paid into the Motor License Fund.

This money is specifically appropriated for the same purposes

for which money in the Motor License Fund is appropriated

by law.

(Oct. 24, 2012, P.L.1473, No.187, eff. 60 days; Nov. 25, 2013,

P.L.974, No.89, eff. Jan. 1, 2014)

2013 Amendment. Act 89 amended subsecs. (a), (b)(1) and

(e)(3). See the preamble to Act 89 in the appendix to this title

for special provisions relating to legislative findings and

declarations.

2012 Amendment. Act 187 amended subsec. (c) intro. par. and

added subsecs. (c.1) and (c.2).

Cross References. Section 9010 is referred to in sections

1935, 6101, 9023, 9502, 9511.11 of this title.

§ 9011. Discontinuance or transfer of business.

(a) Notice to department.--If a distributor engaged in the

use or sale and delivery of liquid fuels or fuels ceases to be

a distributor by reason of the discontinuance, sale or transfer

of the distributor's business, the distributor shall notify the

department in writing within ten days after the discontinuance,

sale or transfer takes effect. The notice shall give the date

of discontinuance and, in the event of a sale or transfer of

the business, the name and address of the purchaser or

transferee of the business. The distributor, within ten days

after the discontinuance, sale or transfer takes effect, shall

make a report and pay all taxes, interest and penalties due and

shall surrender the permit to the department.

(b) Penalty.--A person violating any of the provisions of

subsection (a) commits a misdemeanor of the third degree.

§ 9012. Suspension or revocation of permits.

(a) Notice and hearings.--If the department finds that the

holder of a permit has failed to comply with the provisions of

this chapter, the department shall notify the permit holder and

afford the permit holder a hearing on five days' written notice.

(b) Action by department.--After a hearing, the department

may revoke or suspend the permit. Upon suspending or revoking

a permit, the department shall request the holder of the permit

to surrender to it immediately all permits or duplicates issued

to the holder.

promptly all permits to the department as requested.

(d) Penalty.--A person who refuses to surrender a permit

suspended or revoked by the department commits a summary

offense.

§ 9013. Lien of taxes, penalties and interest.

(a) General rule.--All unpaid taxes imposed by this chapter

and section 9502 (relating to imposition of tax) and penalties

and interest due shall be a lien upon the franchises and

property of the taxpayer after the lien has been entered and

docketed of record by the prothonotary or similar officer of

the county where the property is situated.

(b) Priority of lien.--The lien under subsection (a) shall

have priority from the date of its entry of record and shall

be fully paid and satisfied out of the proceeds of a judicial

sale of property subject to the lien before any other

obligation, judgment, claim, lien or estate to which the

property may subsequently become subject, except costs of the

sale and of the writ upon which the sale was made and real

estate taxes and municipal claims against the property. The

lien under subsection (a) shall be subordinate to mortgages and

other liens existing and recorded or entered of record prior

to the recording of the tax lien.

property subject to a lien imposed under this section, the sale

shall discharge the lien imposed under this section to the

extent only that the proceeds are applied to its payment, and

the lien shall continue in full force and effect as to the

balance remaining unpaid.

(d) Procedure.--

(1) Statements of all taxes imposed under this chapter

and section 9502, together with penalties and interest,

certified by the secretary, may be transmitted to the

prothonotaries or similar officers of the respective counties

of this Commonwealth to be entered of record and indexed as

judgments are now indexed.

(2) A writ of execution may directly issue upon the

lien without the issuance and prosecution to judgment of a

writ of scire facias.

(3) Not less than ten days before issuance of execution

on a lien, notice of the filing and the effect of the lien

shall be sent by registered mail to the taxpayer at the

taxpayer's last known post office address.

(4) A prothonotary or similar officer may not require,

as a condition precedent to the entry of a lien under this

section, the payment of costs incident to entry of the lien.

(5) A lien under this section shall continue for five

years from the date of entry and may be revived and continued

under the act of April 9, 1929 (P.L.343, No.176), known as

The Fiscal Code.

(e) Statement to department.--A sheriff, receiver, trustee,

assignee, master or other officer may not sell the property or

franchises of a distributor without first filing with the

department a statement containing all of the following

information:

(1) Name or names of the plaintiff or party at whose

instance or upon whose account the sale is made.

(2) Name of the person whose property or franchise is

to be sold.

(3) The time and place of sale.

(4) The nature and location of the property.

(f) Notice concerning lien.--The department, after receiving

notice under subsection (e), shall furnish to the sheriff,

receiver, trustee, assignee, master or other officer having

charge of the sale a certified copy or copies of all liquid

fuels tax, fuels tax and oil company franchise tax penalties

and interest on file in the department as liens against the

person or, if there are no such liens, a certificate showing

that fact. The certified copy or copies or certificate shall

be publicly read by the officer in charge of the sale at and

immediately before the sale of the property or franchise of the

person.

(g) Lien certificate.--The department shall furnish to a

person making application, upon payment of the prescribed fee,

a certificate showing the amount of all liens for liquid fuels

tax, fuels tax or oil company franchise tax, penalties and

interest under the provisions of this chapter on record in the

department against any person.

Cross References. Section 9013 is referred to in section

9014 of this title.

§ 9014. Collection of unpaid taxes.

(a) When collection commences.--

(1) The department shall call upon the Office of

Attorney General to collect taxes, penalties or interest

imposed by this chapter or section 9502 (relating to

imposition of tax) at the following times:

(i) When payment is not made within 30 days of

determination unless a petition for redetermination has

been filed.

(ii) When payment is not made within 30 days of the

date of redetermination unless a petition for review has

been filed.

(iii) When payment is not made within 90 days from

the date of the decision of the Board of Finance and

Revenue upon a petition for review.

(iv) When payment is not made by the expiration of

the board's time for acting upon a petition if no appeal

has been made.

(2) The department shall call upon the Office of

Attorney General to collect taxes, penalties or interest

imposed by this chapter or section 9502 if there is a

judicial sale of property subject to lien under section 9013

(relating to lien of taxes, penalties and interest).

(b) Commission.--On all claims for taxes, penalties and

interest which are collected after the institution of suit by

the Office of Attorney General, the distributor shall pay an

Attorney General's commission of 5% upon the amount of recovery

not exceeding $10,000 and of 3% upon the amount of recovery in

excess of $10,000. Payment of the Attorney General's commission

shall not affect liability for any penalty or interest payable

under this chapter. The Attorney General's commission shall be

paid into the State Treasury through the department for credit

to the General Fund. The amount of the Attorney General's

commission shall be added to the amount of the claim against

the distributor and shall be a lien against the distributor's

property in like manner as the amount of the claim.

(1) All taxes collected by a taxpayer from a purchaser

under this chapter or Chapter 95 (relating to taxes for

highway maintenance and construction) which have not been

properly refunded to the purchaser shall constitute a trust

fund for the Commonwealth.

(2) Subject to the provisions of paragraph (3), the

trust shall be enforceable against the taxpayer and any

person, other than a purchaser to whom a refund has been

properly made, receiving any part of the fund without

consideration or knowing that the taxpayer is committing a

breach of trust.

(3) A person receiving payment of a lawful obligation

of the taxpayer from the fund shall be presumed to have

received the payment in good faith and without any knowledge

of the breach of trust.

(4) Unpaid taxes, penalties and interest due for which

a trust may be enforced against the partners or members of

an association or the officers of a corporation under this

section shall also be a lien upon franchises and property

of a partner, member or officer under section 9013.

§ 9015. Reports from common carriers.

(a) Duty.--A person transporting liquid fuels either in

interstate or intrastate commerce to a point within this

Commonwealth from a point within or without this Commonwealth

shall report under oath or affirmation to the department on or

before the last day of each month for the preceding month all

deliveries of liquid fuels made to points within this

Commonwealth.

(b) Forms.--The report shall be on a form prescribed by the

department and shall state the names and addresses of the

consignor and consignee, the number of gallons of liquid fuels

transported and any other information which the department may

require.

of this section commits a misdemeanor of the third degree.

§ 9016. Reward for detection of violations.

The secretary is authorized to pay a reward, out of money

appropriated from the Motor License Fund for the purpose, to

any person, other than a State officer or employee, who reports

a distributor who has failed to file the reports required and

pay the tax imposed by this chapter. The reward shall be in an

amount the secretary deems proper, not exceeding 10% of the

amount of the tax, penalty and interest due. A reward shall not

be paid unless collection of the delinquent tax has been made

or the distributor has been convicted for violating this

chapter.

§ 9017. Refunds.

(a) Department of Revenue.--Except as provided in subsection

(a.1), the Department of Revenue may refund taxes, penalties,

interest, fines, additions and other money collected pursuant

to this chapter in accordance with section 3003.1 of the act

of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code

of 1971.

(a.1) Board of Finance and Revenue.--The Board of Finance

and Revenue may make reimbursements and refunds of tax imposed

and collected upon liquid fuels or fuels as provided under

subsections (b), (c) or (e). In addition, the board may refund

on an annual basis any tax imposed by this chapter and collected

by the department upon liquid fuels or fuels delivered to any

entity exempt from tax under section 9004(e) (relating to

imposition of tax, exemptions and deductions) which has not

been claimed as exempt by the distributor or otherwise refunded.

The board may adopt regulations relating to procedures for the

administration of its duties under this subsection.

(b) Farm tractors and volunteer fire rescue and ambulance

services.--A person shall be reimbursed the full amount of the

tax imposed by this chapter if the person uses or buys liquid

fuels or fuels on which the tax imposed by this chapter has

been paid and consumes them:

(1) in the operation of any nonlicensed farm tractor

or licensed farm tractor when used off the highways for

agricultural purposes relating to the actual production of

farm products; or

(2) in the operation of a vehicle of a volunteer fire

company, volunteer ambulance service or volunteer rescue

squad.

(1) When the tax imposed by this chapter and section

9502(a)(5) (relating to imposition of tax) has been paid and

the fuel on which the tax has been imposed has been consumed

in the operation of motorboats or watercraft upon the waters

of this Commonwealth, including waterways bordering on this

Commonwealth, the full amount of the tax shall be refunded

to the Boat Fund on petition to the board in accordance with

prescribed procedures.

(2) In accordance with such procedures, the Pennsylvania

Fish and Boat Commission shall biannually calculate the

amount of liquid fuels consumed by the motorcraft and furnish

the information relating to its calculations and data as

required by the board. The board shall review the petition

and motorboat fuel consumption calculations of the

commission, determine the amount of liquid fuels tax paid

and certify to the State Treasurer to refund annually to the

Boat Fund the amount so determined. The department shall be

accorded the right to appear at the proceedings and make its

views known.

(3) This money shall be used by the commission acting

by itself or by agreement with other Federal and State

agencies only for the improvement of the waters of this

Commonwealth on which motorboats are permitted to operate

and may be used for the development and construction of

motorboat areas; the dredging and clearing of water areas

where motorboats can be used; the placement and replacement

of navigational aids; the purchase, development and

maintenance of public access sites and facilities to and on

waters where motorboating is permitted; the patrolling of

motorboating waters; the publishing of nautical charts in

those areas of this Commonwealth not covered by nautical

charts published by the United States Coast and Geodetic

Survey or the United States Army Engineers and the

administrative expenses arising out of such activities; and

other similar purposes.

(d) Off-highway recreational vehicles.--(Deleted by

amendment).

(d.1) Motorized recreational vehicles.--

(1) When the tax imposed by this chapter has been paid

and the fuel on which the tax has been imposed has been

consumed in the operation of motorized recreational vehicles

on designated roads and bridges of this Commonwealth,

including roads and bridges bordering on this Commonwealth,

annually up to a maximum of $1,000,000 of the full amount

of such taxes shall be refunded to the restricted accounts

established in section 7706 (relating to restricted accounts)

upon petition to the Board of Finance and Revenue.

(2) In accordance with prescribed procedures, the

Department of Conservation and Natural Resources shall

biennially calculate the amount of liquid fuels consumed by

motorized recreational vehicles and furnish such information

relating to its calculations and data to the Board of Finance

and Revenue. The board shall review the petition and

motorized recreational vehicle fuel consumption calculations

of the Department of Conservation and Natural Resources to

determine the full amount of taxes paid and shall certify

to the State Treasurer to refund annually up to a maximum

of $1,000,000 of the full amount of such taxes to the

restricted account established in section 7706.

(3) This money shall be used by the Department of

Conservation and Natural Resources for the improvement of

public roadways, highways and bridges of this Commonwealth,

including roads and bridges bordering on this Commonwealth,

that are also used by motorized recreational vehicles

required to be registered under this title. For the purpose

of this section, improvement includes, but is not limited

to, grooming for snowmobile use and safety.

(4) For the purposes of this subsection, motorized

recreational vehicles are snowmobiles, all-terrain vehicles,

motorcycles and four-wheel-drive vehicles.

(e) Aircraft.--A person shall be reimbursed in the amount

of the excess if a person uses liquid fuel on which a tax

imposed by this chapter in excess of 1 1/2¢ per gallon has been

paid in:

(1) a propeller-driven aircraft or aircraft engines;

(2) a jet or turbojet-propelled aircraft or aircraft

engines.

(e.1) Truck refrigeration units.--

(1) A program shall be implemented to provide

reimbursement for tax paid on undyed diesel fuel used in

truck refrigeration units.

(2) A person shall be reimbursed the amount of tax paid

pursuant to section 9004 on any purchase of undyed diesel

fuel which is not more than 75 gallons per purchase and is

delivered into a fuel tank which is designed to supply only

an internal combustion engine mounted on a registered vehicle

used exclusively for truck refrigeration.

(3) For the period of October 1, 1997, through September

30, 1998, claims for reimbursement of taxes paid shall be

filed by March 1, 1999, with the Department of Revenue. For

the period of October 1, 1998, through September 30, 1999,

claims for reimbursement under this subsection shall be filed

by October 31, 1999, with the department. For the period

from October 1, 1999, through September 30, 2000, inclusive,

claims for reimbursement under this subsection shall be filed

with the department by October 31, 2000. For the quarter

beginning October 1, 2000, and each quarter thereafter,

claims for reimbursement shall be filed with the department

on a quarterly basis and must be filed within 60 days

following the end of the quarter for which reimbursement is

being claimed.

(4) The department may require a claimant to satisfy

any sales or use tax liability on the undyed diesel fuel for

which the reimbursement is claimed.

(5) A claim for reimbursement must be supported by sales

receipts with the word "reefer" noted on the claim and the

date of purchase, seller's name and address, number of

gallons purchased, fuel type, price per gallon or total

amount of sale, unit numbers and the purchaser's name. The

department may specify other documentation which it will

accept in lieu of sales receipts. In the case of withdrawals

from claimant-owned tax-paid bulk storage, the claim must

be supported by detailed records of the date of withdrawal,

number of gallons, fuel type, unit number and purchase and

inventory records to substantiate that the tax was paid on

all bulk purchases. Notwithstanding the provisions of section

9009 (relating to retention of records by distributors and

dealers), all required documentation shall be retained for

a period of three years following the filing date of the

claim for reimbursement under this subsection. If the

claimant fails to retain documentation as required by this

paragraph, the department may deny the reimbursement or issue

an assessment for any refund granted plus interest under

section 9007 (relating to determination and redetermination

of tax, penalties and interest due).

(6) (Deleted by amendment).

(e.2) Agricultural power takeoff.--A person shall be

reimbursed the full amount of the tax imposed by this chapter

if the person uses or buys liquid fuels or fuels on which the

tax imposed by this chapter has been paid and consumes them to

load for delivery or to unload at a farm feed, feed products,

lime or limestone products for agricultural use from a vehicle

by means of a power takeoff, provided the fuel usage is

documented only by an electronic monitoring device used in

conjunction with an electronically controlled engine.

Reimbursements shall be documented only as provided in this

subsection, and no reimbursement shall be based upon any form

of alternative documentation. Claims for reimbursement shall

be filed with the department on a quarterly basis and must be

filed within 60 days following the end of the quarter for which

reimbursement is being claimed. The provisions of subsection

(f) except for the filing fee provision shall apply to claims

for reimbursement under this subsection to the extent they are

not inconsistent with this subsection.

(f) Claims, forms, contents, penalties.--A claim for

reimbursement or refund under subsection (b), (c) or (e) shall

be made upon a form to be furnished by the board and must

include, in addition to such other information as the board may

by regulation prescribe, the name and address of the claimant;

the period of time and the number of gallons of liquid fuels

used for which reimbursement is claimed; a description of the

farm machinery, aircraft or aircraft engine in which liquid

fuels have been used; the purposes for which the machinery,

aircraft or aircraft engine has been used; and the size of the

farm and part in cultivation on which such liquid fuels have

been used. A claim must contain statements that the liquid fuels

for which reimbursement is claimed have been used only for

purposes for which reimbursements are permitted; that records

of the amounts of such fuels used in each piece of farm

machinery, aircraft or aircraft engine have been kept; and that

no part of the claim has been paid except as stated. A claim

must contain a declaration that it and accompanying receipts

are true and correct to the best of the claimant's knowledge

and must be signed by the claimant or the person claiming on

the claimant's behalf. A claim must be accompanied by receipts

indicating that the liquid fuels tax was paid on the liquid

fuels or that the excess liquid fuels tax was paid on the liquid

fuels for which reimbursement is claimed. Records of purchases

of liquid fuels and use in each tractor or powered machinery,

aircraft or aircraft engine shall be kept for a period of two

years. A claim must be made annually for the preceding year

ending on June 30. A claim must be submitted to the board by

September 30. The board shall refuse to consider any claim

received or postmarked later than that date. The claimant must

satisfy the board that the tax has been paid and that the liquid

fuels have been consumed by the claimant for purposes for which

reimbursements are permitted under this section. The action of

the board in granting or refusing reimbursement shall be final.

The board shall deduct the sum of $1.50, which shall be

considered a filing fee, from every claim for reimbursement

granted. Filing fees are specifically appropriated to the board

and to the department for expenses incurred in the

administration of the reimbursement provisions of this chapter.

The board has the power to refer to the department for

investigation any claim for reimbursement filed under the

provisions of this chapter. The department shall investigate

the application and report to the board. A person making any

false or fraudulent statement for the purpose of obtaining

reimbursement commits a misdemeanor of the third degree.

(g) Fund sources.--Refunds and reimbursements of money

allowed under this section shall be paid from the Motor License

Fund and the Liquid Fuels Tax Fund in amounts equal to the

original distribution and payment of such money into those

funds. Reimbursement for taxes paid on liquid fuels consumed

in the operation of tractors and powered machinery for purposes

relating to the actual production of farm products and

reimbursement for taxes paid on liquid fuels used in aircraft

or aircraft engines shall be paid out of the Motor License Fund.

(h) Appropriations; approval by Governor.--As much of the

money in the Motor License Fund and the Liquid Fuels Tax Fund

as may be necessary is appropriated to the board for the purpose

of making refunds and reimbursements as authorized in this

section. Estimates of the amounts to be expended from these

funds for refunds and reimbursements by the board must be

submitted to the Governor for approval or disapproval as in the

case of other appropriations to administrative departments,

boards and commissions. It is unlawful to honor any requisition

of the board for the expenditure of money under this section

in excess of the estimates approved by the Governor.

(Dec. 21, 1998, P.L.1126, No.151, eff. imd.; June 22, 2001,

P.L.411, No.33, eff. 60 days; June 22, 2001, P.L.559, No.37,

eff. imd.; July 14, 2005, P.L.285, No.50, eff. imd.; Nov. 25,

2013, P.L.974, No.89, eff. Jan. 1, 2014; July 20, 2016, P.L.837,

No.97, eff. 60 days)

2016 Amendment. Act 97 amended subsec. (d.1)(1).

2013 Amendment. Act 89 amended subsec. (c)(1). See the

preamble to Act 89 in the appendix to this title for special

provisions relating to legislative findings and declarations.

2005 Amendment. Act 50 deleted subsec. (d) and added subsec.

(d.1).

2001 Amendments. Act 33 added subsec. (e.2) and Act 37

amended subsec. (e.1).

1998 Amendment. Act 151 reenacted and amended the entire

section, retroactive to October 1, 1997, as to subsec. (e.1)

and January 1, 1997, as to the remainder of the section.

1997 Partial Repeal. Section 35.1(c) of Act 7 of 1997

provided that section 9017 is repealed insofar as it relates

to refunds.

Cross References. Section 9017 is referred to in section

7706 of this title.

§ 9018. Violations.

(a) Failure to report and pay; examinations; unlawful

acts.--

(1) A person commits a misdemeanor of the third degree

if the person does any of the following:

(i) Fails, neglects or refuses to make the report

and pay the tax, penalties and interest imposed by this

chapter.

(ii) Refuses to permit the department or any agent

appointed by it in writing to examine books, records,

papers, storage tanks or other equipment pertaining to

the use or sale and delivery of liquid fuels within this

Commonwealth.

(iii) Makes any incomplete, false or fraudulent

report or claim.

(iv) Attempts to do anything to avoid a full

disclosure of the amount of liquid fuels used or sold

and delivered or to avoid the payment of the tax,

penalties and interest due.

(2) Any partner or member of an association and any

officer of a corporation whose duty it was to make the report

required by this chapter shall be subject to imprisonment

under paragraph (1) for failing to make the report required

and attend to the payment of the tax imposed by this chapter.

(3) The fine under paragraph (1) shall be in addition

to any penalty imposed by any other section or subsection

of this chapter.

(4) Upon conviction under paragraph (1), all of the

convicted distributor's permits shall be revoked.

(b) Unlawful acts.--A person may not do any of the

following:

(1) Knowingly display or knowingly possess a fictitious,

suspended, canceled, revoked or altered permit.

(2) Knowingly permit the use of a permit by a person

not entitled to the permit.

(3) Display or represent as one's own any permit not

issued to the person displaying it.

(4) Use a false or fictitious name or give a false or

fictitious address in any application or form required under

this chapter.

(5) Commit a fraud in any application, record or report.

of this section commits a misdemeanor of the third degree. The

fine shall be in addition to any penalty imposed by any other

section or subsection of this chapter. Upon conviction, all of

the convicted person's permits shall be revoked.

(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

1998 Amendment. Act 151 amended subsec. (a)(1)(iii).

§ 9019. Diesel fuel importers and transporters; prohibiting

use of dyed diesel fuel on highways; violations and

penalties.

(a) Diesel fuel transporters.--

(1) A person must obtain a diesel fuel transporter's

permit in order to import, export or transport within this

Commonwealth diesel fuel, other than dyed diesel fuel, via

a pipeline or by means of a tank-truck vehicle, railroad

tank car or vessel with a capacity of 2,000 gallons or more.

The permit application must be filed with the department

upon a form prescribed by the department.

(2) A fee of $5 shall be charged by the department for

the issuance of a permit.

(3) Every person required to obtain a permit under

paragraph (1) shall report under oath or affirmation to the

department on or before the last day of each month for the

preceding month all deliveries of diesel fuel, other than

dyed diesel fuel, and retail deliveries of kerosene in

quantities of less than 300 gallons per delivery to any point

within this Commonwealth, including any interstate or

intrastate movements of diesel fuel and any exports. The

form shall be prescribed by the department and may require

any of the following:

(i) The names and addresses of the cosigner and

cosignee, the seller or other party from whom the diesel

fuel was received, the buyer or other party to whom the

diesel fuel was delivered and points to and from which

the diesel fuel was shipped or delivered.

(ii) The method of shipment or delivery.

(iii) The number of gallons.

(4) All shipments of diesel fuel, including dyed diesel

fuel, shall be accompanied by sales delivery tickets or bills

of lading. Shipments for which the required documentation

does not accompany the shipment or for which the notice

required with respect to dyed diesel fuel does not comply

with the requirements of subsection (b) shall be presumed

to not be shipments of dyed diesel fuel.

(b) Notices with respect to dyed diesel fuel.--

(1) A notice, stating: DYED DIESEL FUEL, NONTAXABLE USE

ONLY, PENALTY FOR TAXABLE USE, shall be:

(i) Provided by the terminal operator to any person

that receives dyed diesel fuel at a terminal rack of

that operator.

(ii) Provided by the seller of dyed diesel fuel to

its buyer if the fuel is located outside the bulk

transfer or terminal system and is not sold from a retail

pump posted in accordance with the requirements of

subparagraph (iii).

(iii) Posted by a seller on any retail pump where

it sells dyed diesel fuel for use by its buyer.

(2) The notice required under paragraph (1)(i) or (ii)

shall be provided by the time of the removal or sale and

shall appear on shipping papers, bills of lading and invoices

accompanying the sale or removal of the fuel.

(3) The department may designate any Federal notice

provision which is substantially similar to a provision of

this subsection as satisfying any notice requirement of this

subsection.

(1) A person may not operate a motor vehicle on the

public highways of this Commonwealth if the fuel supply tanks

of the vehicle contain dyed diesel fuel unless permitted to

do so under a Federal law or regulation relating to the use

of dyed diesel fuel on the highways.

(2) A person may not sell or deliver any dyed diesel

fuel knowing or having reason to know that the fuel will be

consumed in a highway use. A person who dispenses dyed diesel

fuel from a retail pump that is not properly labeled with

the notice required by subsection (b) or who knowingly

delivers dyed diesel fuel into the storage tank of such a

pump shall be presumed to know the fuel will be consumed on

the highway.

(d) Violations.--A person may not do any of the following:

(1) Import, export or transport within this Commonwealth

diesel fuel, other than dyed diesel fuel, without the permit

required under subsection (a)(1).

(2) Transport diesel fuel in this Commonwealth without

the permit required under subsection (a)(1).

(3) Operate a motor vehicle on the public highways of

this Commonwealth with dyed diesel fuel in the fuel supply

tank except as provided in subsection (c)(1).

(4) Sell or deliver dyed diesel fuel from a retail pump

unless the pump is properly labeled as required under

subsection (b).

(e) Criminal penalty.--A person who violates any provision

of subsection (d) commits a summary offense and shall, upon

conviction, be sentenced to pay a fine of not less than $100

nor more than $2,000 or to imprisonment for not more than 90

days, or both.

(f) Civil penalty.--In addition to any penalty provided in

subsection (d), a person who violates subsection (c)(1) or (2)

shall be assessed a penalty of $1,000 or $10 per gallon of dyed

diesel fuel involved in the sale, delivery or consumption,

whichever amount is more. This amount shall be multiplied by

the number of prior penalties imposed on the violator under

this subsection. The resulting product shall be the penalty to

be imposed.

(g) Enforcement.--

(1) Any revenue enforcement agent or other person

authorized by the department may enter any place where fuels

are produced or stored and may physically inspect any tank,

reservoir or other container that can be used for the

production, storage or transportation of diesel fuel, diesel

fuel dyes or diesel fuel markers. Inspection may also be

made of any equipment used for or in connection with the

production, storage or transportation of diesel fuel, diesel

fuel dyes or diesel fuel markers. This includes any equipment

used for the dyeing or marking of diesel fuel. Books, records

and other documents may be inspected to determine tax

liability. An agent may detain a vehicle, vessel or railroad

tank car placed on a customer's siding for use or storage

for the purpose of inspecting fuel tanks or fuel storage

tanks as necessary to determine the amount and composition

of the fuel. An agent may take and remove samples of diesel

fuel in reasonable quantities necessary to determine the

composition of the fuel.

(2) A person that refuses to allow an inspection as

provided in this subsection commits a summary offense and

shall, upon conviction, be sentenced to pay a fine of not

less than $1,000 nor more than $2,000 for each refusal.

§ 9020. Disposition of fees, fines and forfeitures.

Except as otherwise provided in this chapter, fees, fines,

penalties and bail forfeited, collected under this chapter,

shall be paid into the State Treasury, through the department,

and credited to the Motor License Fund.

§ 9021. Certified copies of records.

The fee for a certified copy or certified photostatic copy

of any department record shall be $1. Fees shall not be charged

for certified copies or certified photostatic copies of any

department record furnished to Federal, State, county or

municipal authorities.

§ 9022. Uncollectible checks.

If a check issued in payment of tax, penalty or interest

imposed by this chapter is returned to the department as

uncollectible, the department shall charge a fee of $5 per

hundred dollars or fractional part thereof, plus all protest

fees, to the person presenting the check to the department.

§ 9023. Application of Prevailing Wage Act to locally funded

highway and bridge projects.

(a) Public work.--For locally funded highway and bridge

projects, the term "public work" as used in the act of August

15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing

Wage Act, shall mean construction, reconstruction, demolition,

alteration and repair work, other than maintenance work, done

under contract and paid for in whole or in part out of the funds

of a public body if the estimated cost of the total project is

in excess of $100,000. The term shall not include work performed

under a rehabilitation or manpower training program.

(b) Applicability.--This section shall apply to a contract

entered on or after the effective date of this section.

funded" means a highway or bridge project that is funded

entirely by funds:

(1) paid to counties under section 9010(b) (relating

to disposition and use of tax), including borrowed funds

under section 9010(b)(2)(ii), whether expended by the county

or allocated or apportioned to political subdivisions;

(2) allocated or appropriated to municipalities under

the act of June 1, 1956 (1955 P.L.1944, No.655), referred

to as the Liquid Fuels Tax Municipal Allocation Law;

(3) made available to municipalities from the Highway

Bridge Improvement Restricted Account within the Motor

License Fund for expenditure on bridge rehabilitation,

replacement and removal projects pursuant to the act of

December 8, 1982 (P.L.848, No.235), known as the

Highway-Railroad and Highway Bridge Capital Budget Act for

1982-1983, and its supplements;

(4) awarded to municipalities as transportation

enhancement grants under section 3116 (relating to automated

red light enforcement systems in first class cities) or 3117

(relating to automated red light enforcement systems in

certain municipalities);

(5) allocated from municipal budgetary sources using

revenues derived through municipal taxes or fees; or

(6) allocated to municipalities under 58 Pa.C.S.

(relating to oil and gas).

(Nov. 25, 2013, P.L.974, No.89, eff. January 1, 2014)

2013 Amendment. Act 89 added section 9023. Section 43(4)

of Act 89 provided section 9023 shall apply to contracts entered

into on or after January 1, 2014. See the preamble to Act 89

in the appendix to this title for special provisions relating

to legislative findings and declarations.

CHAPTER 91

STATE HIGHWAY MAINTENANCE

Sec.

9101. Definitions.

9102. Distribution of State highway maintenance funds.

9103. Transfers for emergency or equipment needs.

9104. Standards and methodology for data collection.

9105. Nonlapse of allocated funds for advertised projects.

9106. Dirt, gravel and low-volume road maintenance.

Enactment. Chapter 91 was added June 18, 1980, P.L.229,

No.68, effective immediately.

§ 9101. Definitions.

The following words and phrases when used in this chapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

"ASHMA." All additional State funds from the highway

maintenance appropriation, the secondary roads, maintenance and

resurfacing executive authorization and supplemental

distributions pursuant to section 9502(a)(2)(i) and (3)(ii)

(relating to imposition of tax) in excess of all counties' base

allocations.

"Base allocation." The annual expenditure for routine

maintenance operations by a county maintenance district averaged

over the immediately preceding five years.

"BMD." The Bridge Maintenance Deficiency index based upon

bridge safety inspections conducted by certified professionals

who have physically evaluated the condition of all State highway

bridges greater than or equal to eight feet in length on a

periodic basis in accordance with the National Bridge Inspection

Standards. The criteria for determining any State highway bridge

maintenance deficiencies shall include, but not be limited to,

the priority and urgency of maintenance needs and the bridge

deck area of all bridges greater than or equal to eight feet

in length.

"c." When used alone or in conjunction with any formula

part, any given county.

"Highway maintenance." A program to preserve, repair and

restore a system of existing State roadways with its elements

to its designed or accepted configuration. System elements

include but are not limited to travelway surfaces, shoulders,

roadsides, drainage facilities, bridges, tunnels, signs,

markings, lighting and fixtures. Included in the program are

such traffic services as lighting and signal operation, snow

and ice removal and operation of roadside rest areas. Highway

maintenance programs are developed to offset the effects of

weather, organic growth, deterioration, traffic wear, damage

and vandalism. Deterioration would include effects of aging,

material failures and design and construction faults to existing

State highways.

"LM." The number of actual State highway lane miles in each

county as a proportion of the total number of State highway

lane miles in this Commonwealth.

"Routine maintenance operations." Highway maintenance

activities including traffic, roadside and winter services

performed by a county maintenance district and also including

costs incurred for personnel services, operational expenses and

fixed assets. The term shall not include the costs of roadway

repair and restoration.

"RPQ." The Relative Pavement Quality Index which shall be

based upon a Road Quality Report which entails the evaluation

of the conditions of the highways in each county on a periodic

basis. The criteria for determining any road deficiencies shall

include but not be limited to road surface, foundation,

drainage, shoulders and other safety features such as road

striping, guardrails, median barriers and signs. The index shall

provide a reasonable comparison of highway quality and

conditions between all counties. The report indicating

methodology utilized and the resulting data shall be submitted

annually to the Transportation Committees of the Senate and

House of Representatives for their review.

"Vehicle miles." The total number of miles traveled by all

vehicles on State maintained roads within a county as determined

by the department.

"VM." The number of vehicle miles traveled in each county

as a proportion of the total vehicle miles traveled in this

Commonwealth.

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)

§ 9102. Distribution of State highway maintenance funds.

(a) General rule.--The department shall distribute highway

appropriations and executive authorizations for State highway

maintenance in the various county maintenance districts in the

following manner:

(1) For any fiscal year in which the total highway

maintenance appropriations and executive authorizations are

equal to the combined total base allocations for all the

county maintenance districts, each maintenance district shall

receive its base allocation.

(2) For any fiscal year in which the total highway

maintenance appropriations and executive authorizations are

less than the combined total base allocations of all the

county maintenance districts, each maintenance district's

share shall be reduced, to the extent necessary to bring the

total allocation within the funding limits, in the same

proportion that each county's base allocations bears to the

combined total of all counties' base allocations.

(3) For any fiscal year in which the total highway

maintenance appropriations and executive authorizations are

greater than the combined total base allocations of all the

county maintenance districts, the funds shall be distributed

based upon the formula in subsection (b), but notwithstanding

the formula calculation for any particular county, no county

shall receive less than its base allocation in any year.

(b) Formula for distribution.--The department shall

distribute to each county maintenance district:

(1) an amount equal to the county's base allocation;

plus

(2) an amount based on the following incremental formula

in which each county shall receive a portion of State highway

maintenance appropriations and executive authorizations in

excess of the total of all counties' base allocations,

expressed in the following manner:

ASHMA (40% RPQc + 15% BMDc + 30% LMc + 15% VMc).

for all counties corresponding to each individual factor in the

incremental formula in subsection (b) shall be established and

certified by the Governor by May 1 of each year based on the

best information available at that time for the immediately

preceding five-year period with the exception of BMD. The

submission of data relative to BMD shall only include the

immediately preceding 12-month period beginning with fiscal

year 1997-1998. In each subsequent fiscal year, an additional

year of data relative to BMD shall be added until such time as

data from a five-year period has been accumulated.

(d) Effect of insufficient funds.--In the event sufficient

funds are not available to fully fund all county maintenance

districts under the formula in subsection (b) due to the hold

harmless provision in subsection (a), each county maintenance

district receiving an increase above its base allocation shall

have its share reduced in the proportion that the increase over

its base allocation bears to the total increases over the base

allocation of all counties entitled to an increase, to the

extent necessary to bring the total allocations within the

funding limit.

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)

Cross References. Section 9102 is referred to in sections

9010, 9207, 9502 of this title.

§ 9103. Transfers for emergency or equipment needs.

(a) General rule.--If the need arises for transfers to

counties because of emergency or equipment needs, the department

shall draw from the allocations of all counties in a manner

such that the proportion of the transfer for any given county

equals the proportion of the total allocation for that county

to the total highway maintenance appropriations and executive

authorizations.

(b) Effect on subsequent allocation.--Expenditures from

transfers made to or from any county for emergency or equipment

needs shall not become a part of the computation for such county

for the subsequent years' maintenance allocation.

§ 9104. Standards and methodology for data collection.

The department shall initially determine the standards and

methodology for data collection and shall, within ten days of

the effective date of this chapter, publish them in the

Pennsylvania Bulletin as a basis for making such determinations

in subsequent years.

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)

§ 9105. Nonlapse of allocated funds for advertised projects.

Where bids have been advertised for projects that would use

funds allocated to any county maintenance district for a

particular fiscal year but because of the bidding process the

contract or contracts were not awarded before the close of that

fiscal year, the county's allocation for that fiscal year shall

not lapse but may be allocated to the particular contract that

was not awarded because of the incompleteness of the bidding

process. Any additional allocation remaining after all such

contracts are let shall lapse as of the date of the awarding

of the last of the contracts.

§ 9106. Dirt, gravel and low-volume road maintenance.

(a) Statement of purpose.--It is the intent and purpose of

this section:

(1) To fund safe, efficient and environmentally sound

maintenance of sections of dirt and gravel roads which have

been identified as sources of dust and sediment pollution.

(2) To establish a dedicated and earmarked funding

mechanism that provides streamlined appropriation to the

county level and enables local officials to establish fiscal

and environmental controls.

(3) To fund safe, efficient and environmentally sound

maintenance of sections of low-volume roads that are sealed

or paved with an average daily traffic count of 500 vehicles

or less.

(b) General rule.--Of the funds available under section

9502(a)(1) (relating to imposition of tax), $7,000,000 shall

be annually distributed to the Department of Conservation and

Natural Resources for the maintenance and mitigation of dust

and sediment pollution from parks and forestry roads. Funds in

the amount of $28,000,000 shall be appropriated annually to the

State Conservation Commission and administered in a nonlapsing,

nontransferable account restricted to maintenance and

improvement of dirt, gravel and low-volume State and municipal

roads. The State Conservation Commission shall apportion the

funds based on written criteria it develops to establish

priorities based on preventing dust and sediment pollution. In

the first fiscal year, top priority shall be given to specific

trouble spot locations already mapped by the Task Force on Dirt

and Gravel Roads and available from the department. A minimum

of $8,000,000 of the total appropriated annually shall be for

maintenance and improvement of low-volume roads.

shall:

(1) Be based on verified need to correct pollution

problems related to the road.

(2) Consider the total miles of dirt and gravel roads

maintained by local municipalities or State agencies that

are open to the public during any period of the year.

(3) Consider total miles of dirt and gravel roads within

watersheds protected as of November 1996 as exceptional value

or high quality waters of this Commonwealth.

(4) Consider allowances for the local costs of limestone

aggregate.

(5) Consider the commitments of grant applicants to

comply with the nonpollution requirements established.

(d) State Conservation Commission.--The State Conservation

Commission shall:

(1) Adopt performance standards.

(2) Provide for a system of audit.

(3) Annually assess the program and annually report to

the Transportation Committee of the Senate and the

Transportation Committee of the House of Representatives on

its acceptance and effectiveness.

The State Conservation Commission shall be entitled to withhold

and expend the costs of the audit and report preparation up to

the maximum limit of 2% of the funds administered.

(e) Quality assurance boards.--Apportioned funds are to be

dispersed to county conservation districts which apply for them

and are to be used by State agencies and local municipalities

that maintain roads within the county and fulfill certain

requirements specified under subsection (g). Within the

conservation district a quality assurance board shall be

impaneled to establish and administer the grant program. The

four-member quality assurance board is to be comprised of a

nonvoting chairman appointed by the conservation district

directors and one local representative appointed by each of the

following entities:

(1) The Federal Natural Resources Conservation Service.

(2) The Pennsylvania Fish and Boat Commission.

(3) The county conservation district.

If circumstances require, the chairman may vote to decide a tie

vote.

(f) Administration.--The quality assurance board's

administration of funding shall include:

(1) Adoption of written criteria to assure equal access

for all eligible applicants within specified funding

categories.

(2) Provision of documentation that application has

been made for all required permits.

(3) Adoption of procedures that assure a minimal amount

of procedural paperwork.

(4) Adoption of written criteria to specify priorities.

(5) Adoption of funding categories to provide for

separate budgeting for:

(i) Department of Conservation and Natural

Resources, Bureau of Forestry roads.

(ii) Municipal government roads.

(iii) Road demonstration projects.

(iv) Training grants restricted to 15% of funding.

(v) Administrative costs, limited to actual

documented costs and restricted to a maximum of 10%.

(6) Adoption of incentives for training road managers

and equipment operators.

(7) Adoption of standards that prohibit use of materials

or practices which are environmentally harmful.

(8) Adoption of site inspection requirements to verify

completion of work.

(g) Grant applications.--Each grant application shall:

(1) Be specific to one work location or one type of

work except that all State forest roads within one county

and within one forest district may be authorized on a single

grant.

(2) Expedite the approval process by allowing the

quality assurance board to insert additional requirements

that complete and qualify the grant for approval and which

when accepted by the applicant become a binding obligation

on the applicant.

(3) Require minimal handwritten information such as

location, problem being solved, basis of cost estimate,

project work schedule, basis of successful completion and

type and amount of pollution reduced.

The grant application shall not exceed one page with reference

to published standards being acceptable.

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013,

P.L.974, No.89, eff. Apr. 1, 2014)

2013 Amendment. Act 89 amended the section heading and

subsecs. (a) and (b). See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

1997 Amendment. Act 3 added section 9106.

CHAPTER 92

TRANSFER OF STATE HIGHWAYS

Sec.

9201. Definitions.

9202. Application of chapter.

9203. Description of functionally-local highways.

9204. Notice to municipalities.

9205. Mutual agreement.

9206. Publication of list of highways transferred.

9207. Restoration of highways.

9208. Periodic review by General Assembly (Deleted by

amendment).

Enactment. Chapter 92 was added July 22, 1983, P.L.122,

No.32, effective immediately.

Cross References. Chapter 92 is referred to in section 9511

of this title.

§ 9201. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

"Functionally-local highways." Highways and roads designated

by the department for transfer to municipal responsibility.

"Municipality." A county, city, borough, incorporated town

or township.

§ 9202. Application of chapter.

This chapter applies to all State highways designated by the

department as functionally-local highways.

§ 9203. Description of functionally-local highways.

Within six months of the effective date of this chapter, the

department shall list and describe all functionally-local

highways in this Commonwealth. Also, within six months of the

effective date of this chapter and annually thereafter, the

department shall list the proposed functionally-local highways

to be transferred, giving priority to highways located in

counties in which State highways are in the poorest condition,

as indicated in the road quality reports prepared in accordance

with Chapter 453 of department regulations. The list and

description shall be categorized by municipality and shall

include a map showing location, length and type of roadway and

right-of-way.

Cross References. Section 9203 is referred to in section

9204 of this title.

§ 9204. Notice to municipalities.

Upon preparation of the list and description provided for

in section 9203 (relating to description of functionally-local

highways), the department shall notify each municipality of the

department's readiness to transfer to it all functionally-local

highways located in the municipality. The notice shall include

a copy of the department's highway description and map.

§ 9205. Mutual agreement.

No highway transfer shall occur between the department and

an affected municipality unless the municipality agrees to the

transfer of the described highway.

§ 9206. Publication of list of highways transferred.

The department shall, from time to time, certify to the

Legislative Reference Bureau a list of highways transferred and

the bureau shall cause the list to be published in the

Pennsylvania Bulletin as a notice under 45 Pa.C.S. § 725(a)(3)

(relating to additional contents of Pennsylvania Bulletin). The

list shall also be certified to the office of recorder of deeds

of the county in which the participating municipalities are

located.

§ 9207. Restoration of highways.

(a) General rule.--The department and the affected

municipality shall jointly determine whether any rehabilitative

work is required to put the highway or road in a satisfactory

condition. The rehabilitative work may be done by department

or municipal forces, or by contract, as the parties shall agree.

If the work is to be performed by the department or its

contractors, the highway or road transfer shall not be effective

until all agreed upon rehabilitative work has been completed.

(b) Funding.--All restoration work shall be paid from the

State Highway Transfer Restoration Restricted Account within

the Motor License Fund, provided, however, that the department

may in its discretion pay for any or all such work to be

performed by the department or its contractors from funds made

available to the county maintenance districts under section

9102 (relating to distribution of State highway maintenance

funds). No funds shall be allocated to municipalities for the

maintenance of highways transferred under this chapter out of

section 4 of the act of June 1, 1956 (1955 P.L.1944, No.655),

referred to as the Liquid Fuels Tax Municipal Allocation Law,

nor shall highways transferred under the provisions of this

chapter be used to compute or determine the allocations of

municipalities under that section.

municipality shall assume the same public liability for the

transferred highway as it assumes for other highways under

municipal jurisdiction.

(Dec. 21, 1998, P.L.1126, No.151, eff. imd.)

1998 Amendment. Act 151 amended subsec. (b).

Special Provisions in Appendix. See section 4 of Act 3 of

1983 in the appendix to this title for special provisions

relating to performance bond exemption for small highway

construction contracts.

See section 8 of Act 19 of 1983 in the appendix to this title

for special provisions relating to performance bond exemption

for small highway construction contracts.

§ 9208. Periodic review by General Assembly (Deleted by

amendment).

2006 Amendment. Section 9208 was deleted by amendment July

7, 2006, P.L.341, No.70, effective in 60 days.

CHAPTER 93

SUPPLEMENTAL FUNDING FOR MUNICIPAL

HIGHWAY MAINTENANCE

Sec.

9301. Supplemental funding for municipal highway maintenance.

Enactment. Chapter 93 was added June 18, 1980, P.L.229,

No.68, effective July 1, 1980.

§ 9301. Supplemental funding for municipal highway maintenance.

(a) Annual appropriation.--The General Assembly shall

annually appropriate, beginning with the 1980-1981 fiscal year,

the sum of $5,000,000 for supplemental payments to

municipalities to assist in the maintenance and construction

costs of municipal roads. The moneys appropriated by authority

of this section shall be distributed to municipalities in

accordance with the provisions of the act of June 1, 1956 (1955

P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal

Allocation Law.

(b) County allocation supplement.--Commencing July 1, 2014,

the amount of $5,000,000 is appropriated out of the Motor

License Fund to counties annually. The following shall apply:

(1) The distribution shall be in the ratio of:

(i) the square footage of deck area of a county's

county-owned bridges; to

(ii) the total square footage of deck area of

county-owned bridges throughout this Commonwealth.

(2) The amount of square footage under paragraph (1)(i)

shall be the amount reported as part of the National Bridge

Inspection Standards Program.

July 1, 2014, an amount of $30,000,000 is appropriated out of

the Motor License Fund and shall be distributed to

municipalities pursuant to the Liquid Fuels Tax Municipal

Allocation Law.

(Nov. 25, 2013, P.L.974, No.89, eff. 60 days)

2013 Amendment. See the preamble to Act 89 in the appendix

to this title for special provisions relating to legislative

findings and declarations.

CHAPTER 94

LIQUID FUELS AND FUEL USE TAX ENFORCEMENT

Sec.

9401. Short title of chapter.

9402. Construction of chapter.

9403. Revenue agents; powers.

9404. Violations and penalties.

9405. Forfeitures; process and procedures.

9406. Disposition of fines and forfeitures.

Enactment. Chapter 94 was added June 11, 1992, P.L.266,

No.47, effective in 60 days.

§ 9401. Short title of chapter.

This chapter shall be known and may be cited as the Liquid

Fuels and Fuels Tax Enforcement Act.

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)

§ 9402. Construction of chapter.

This chapter shall be construed in conjunction with Chapter

90 (relating to liquid fuels and fuels tax), and any terms

defined therein shall have the same meanings when used in this

chapter.

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)

§ 9403. Revenue agents; powers.

(a) Revenue agents.--Employees of the Department of Revenue

who are designated by the Secretary of Revenue as revenue agents

and who carry identification indicating such capacity are hereby

declared to be police officers of this Commonwealth and are

hereby given police power and authority throughout this

Commonwealth.

(b) Powers.--Revenue agents shall have the power to:

(1) Enforce the provisions of this chapter and Chapter

90 (relating to liquid fuels and fuels tax) and to arrest,

with or without a warrant, any person violating such

provisions.

(2) Stop a vehicle, upon request or signal, for the

purpose of inspection for compliance with the provisions of

this chapter and Chapter 90.

(3) Seize and take possession, with the assistance of

the Pennsylvania State Police, of any property subject to

forfeiture under section 9405 (relating to forfeitures;

process and procedures).

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)

1997 Amendment. Act 3 amended subsec. (b)(1) and (2).

§ 9404. Violations and penalties.

(a) Violations.--On and after the effective date of this

chapter, it shall be made unlawful for:

(1) A person, other than a common or contract carrier,

to import or cause to be imported liquid fuels or fuels into

this Commonwealth unless the person possesses a valid liquid

fuels or fuels permit.

(2) A common or contract carrier to knowingly transport

liquid fuels or fuels into this Commonwealth on behalf of

any person who does not possess a valid liquid fuels or fuels

permit.

(3) A distributor to continue to engage in or to begin

to engage in the use or sale and delivery of liquid fuels

and fuels within this Commonwealth unless a liquid fuels

permit or permits or fuels permit or permits shall have been

issued to him as prescribed in Chapter 90 (relating to liquid

fuels and fuels tax). Each day in which any distributor shall

engage in the use or sale and delivery of liquid fuels or

fuels within this Commonwealth without a liquid fuels permit

or permits or fuels permit or permits, as required by law,

shall constitute a separate offense.

(4) (Deleted by amendment).

(5) A distributor, dealer or any other person who is

required by law to maintain and keep records to fail to

maintain and keep the records required by section 9 of The

Liquid Fuels Tax Act or section 9009 (relating to retention

of records by distributors and dealers).

(6) A person to assign or attempt to assign a liquid

fuels or fuels permit.

(7) A person to fail to display conspicuously his liquid

fuels permit or fuels permit as required by Chapter 90.

(8) A person to refuse, neglect or fail to surrender a

liquid fuels permit or fuels permit as required by Chapter

90.

(b) Penalties.--Any person who violates any provision of

subsection (a) commits a summary offense and shall, upon

conviction, be sentenced to pay a fine of:

(1) not less than $500 nor more than $2,000 or to

imprisonment for not more than 90 days, or both, if the

violation is of subsection (a)(1) or (2);

(2) not less than $100 nor more than $2,000 or to

imprisonment for not more than 90 days, or both, if the

violation is of subsection (a)(3), (4) or (5); or

(3) not less than $50 nor more than $200 if the

violation is of subsection (a)(6), (7) or (8).

two or more violations of subsection (a)(3) or (4) within a

30-day period, the Department of Revenue may institute a civil

action in the court of common pleas of the judicial district

in which a violation occurs for injunctive relief to restrain

the violation and for such other relief as the court shall deem

proper. Neither the institution of such an action nor any of

the proceedings therein shall relieve any party to the

proceedings from other fines or penalties prescribed for the

violation of this chapter or Chapter 90.

(d) Sealing of fuel pump or dispensing unit.--Upon the

occurrence of a violation of subsection (a)(5), the Department

of Revenue may place a security seal on the totalizer portion

of the fuel pump or other dispensing device in such a manner

that the totalizer cannot be removed, disconnected or adjusted

once the security seal is in place. The seal may remain in place

until such time as the Department of Revenue determines that

adequate records are being kept and maintained. In the event a

security seal is removed or broken without the permission of

the Department of Revenue, the department may seek injunctive

relief as provided in subsection (c).

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)

1997 Amendment. Act 3 amended subsecs. (a) and (c). See

section 21(c) and (d) of Act 3 of 1997 in the appendix to this

title for special provisions relating to liability of

dealer-users and computation of "cents-per-gallon equivalent

basis."

References in Text. The act of May 21, 1931 (P.L.149,

No.105), known as The Liquid Fuels Tax Act, referred to in

subsec. (a)(5), was repealed by the act of April 17, 1997

(P.L.6, No.3). The subject matter is now contained in Chapter

90 of this title.

§ 9405. Forfeitures; process and procedures.

(a) Subjects of forfeiture.--The following are subject to

forfeiture to the Commonwealth and no property right shall exist

in them:

(1) Any liquid fuels or fuels produced in or imported

into this Commonwealth by any distributor who does not

possess a valid liquid fuels tax permit or fuels permit as

required by section 9003 (relating to liquid fuels and fuels

permits; bond or deposit of securities), except liquid fuels

or fuels imported in barrels, drums or similar containers

with a capacity of not more than 55 gallons in each barrel,

drum or container.

(2) All conveyances, including vehicles or vessels,

used to transport liquid fuels or fuels as described in

paragraph (1). Forfeiture of such conveyances shall be

conducted in accordance with 42 Pa.C.S. §§ 5803 (relating

to asset forfeiture), 5805 (relating to forfeiture

procedure), 5806 (relating to motion for return of property),

5807 (relating to restrictions on use), 5807.1 (relating to

prohibition on adoptive seizures) and 5808 (relating to

exceptions).

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(b) Method of seizure.--Liquid fuels or fuels subject to

forfeiture under this section may be seized by the Department

of Revenue upon process issued by any court of common pleas

having jurisdiction over the property.

(d) In rem proceedings.--(Deleted by amendment).

(e) Contents of petition.--(Deleted by amendment).

(f) Service of process.--(Deleted by amendment).

(g) Advertisement.--(Deleted by amendment).

(h) Hearing date.--(Deleted by amendment).

(i) Standard of proof.--(Deleted by amendment).

(j) Encumbered motor vehicle.--(Deleted by amendment).

(Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997; June 29, 2017,

P.L.247, No.13, eff. July 1, 2017)

1997 Amendment. Act 3 amended subsecs. (a)(1) and (2)(i),

(b), (c)(2), (d) and (i).

Cross References. Section 9405 is referred to in section

9403 of this title; section 5803 of Title 42 (Judiciary and

Judicial Procedure).

§ 9406. Disposition of fines and forfeitures.

All fines imposed under this chapter and the net proceeds

received from the sale of forfeited liquid fuels or fuels shall

be payable to the Commonwealth and credited to the Motor License

Fund.

(June 29, 2017, P.L.247, No.13, eff. July 1, 2017)

CHAPTER 95

TAXES FOR HIGHWAY MAINTENANCE

AND CONSTRUCTION

Sec.

9501. Definitions.

9502. Imposition of tax.

9503. Reports and payment of tax (Repealed).

9504. Timely mailing treated as timely filing and payment

(Repealed).

9505. Extension of time to file reports (Repealed).

9506. Administration and enforcement (Repealed).

9507. Interstate cooperation in collecting tax (Repealed).

9508. Assessment and appeals (Repealed).

9509. Retention of records (Repealed).

9510. Penalties (Repealed).

9511. Allocation of proceeds.

9511.1. Imposition of additional tax (Repealed).

9511.2. Special revenue bonds.

9511.3. Expenses.

9511.4. Special revenue bonds and preliminary or interim

financing.

9511.5. Application of proceeds of obligations, lien of holders

of obligations, design-build requirement and projects

approved by General Assembly.

9511.6. Trust indenture, protection of holders of obligations

and depositories.

9511.7. Exemption from Commonwealth taxation.

9511.8. Costs related to Federal income tax matters.

9511.9. Special revenue refunding bonds.

9511.10. Remedies of trustees and of holders of obligations.

9511.11. Pledged revenues.

9511.12. (Reserved).

9511.13. Supplement to other laws and liberal construction.

9512. Severability of provisions.

Enactment. Chapter 95 was added June 23, 1981, P.L.98,

No.35, effective immediately.

Chapter Heading. The heading of Chapter 95 was amended July

22, 1983, P.L.122, No.32, effective in 15 days.

Cross References. Chapter 95 is referred to in sections

9004, 9014 of this title; section 9202 of Title 74

(Transportation).

§ 9501. Definitions.

The following words and terms when used in this chapter shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Act 3." The act of April 17, 1997 (P.L.6, No.3), entitled,

"An act amending Titles 74 (Transportation) and 75 (Vehicles)

of the Pennsylvania Consolidated Statutes, further providing

for annual appropriation and computation of subsidy and for

distribution of funding; providing for distribution of

supplemental funding; further providing for use of funds

distributed; providing for public transportation grants

management accountability, for competitive procurement and for

the Public Transportation Assistance Fund; further providing

for period of registration, for duties of agents, for

registration and other fees, for requirements for periodic

inspection of vehicles, for limits on number of towed vehicles,

for operation of certain combinations on interstate and other

highways and for width and length of vehicles; providing for

liquid fuels and fuels permits and bond or deposit of

securities, for imposition of liquid fuels and fuels tax, for

taxpayer, for distributor's report and payment of tax, for

determination of tax, penalties and interest, for examination

of records and equipment, for retention of records by

distributors and dealers, for disposition and use of tax, for

discontinuance or transfer of business, for suspension or

revocation of permits, for lien of taxes, penalties and

interest, for collection of unpaid taxes, for reports from

common carriers, for violations and reward for detection of

violations, for refunds, for diesel fuel importers and

transporters, for prohibiting use of dyed diesel fuel, for

disposition of fees, fines and forfeitures, for certified copies

of records and for uncollectible checks; further providing for

distribution of State highway maintenance funds and for

standards and methodology for data collection; providing for

dirt and gravel road maintenance; further providing for

imposition of tax and additional tax; providing for tax on

alternative fuels; further providing for disposition of tax

revenue; making an appropriation; and making repeals."

"Annual debt service payments." The annual debt service

payments on the bonds issued under section 9511.2 (relating to

special revenue bonds) and payable by the commission to the

department as part of annual base payments as defined under

section 8901 (relating to definitions).

"Bond-related expenses." The term shall include all of the

following:

(1) Printing, publication or advertising expenses with

respect to the sale and issuance of bonds.

(2) Fees, expenses and costs of registrars.

(3) Fees, expenses and costs of attorneys, accountants,

feasibility consultants, computer programmers or other

experts employed to aid in the sale and issuance of the

bonds.

(4) Other costs, fees and expenses incurred or

reasonably related to the issuance and sale of the bonds

including the funding of a debt service reserve fund.

"Bond-related obligation." An agreement or contractual

relationship between the Pennsylvania Turnpike Commission and:

(1) a bank, trust company, insurance company, surety

bonding company, pension fund or other financial institution

providing increased credit on or security for the bonds or

liquidity for secondary market transactions; or

(2) the counter party to a swap agreement.

"Commission." The Pennsylvania Turnpike Commission or any

successor organization.

"Cost of the department." The term includes the costs of

all of the following:

(1) Constructing, reconstructing, widening, expanding

or extending the State highway and rural State highway system

and connecting roads, tunnels and bridges.

(2) Systems of public passenger transportation or

portions of the systems, the placing of the systems in

operation and the condemnation of property necessary for

construction and operation of the systems.

(3) Lands, property rights, rights-of-way, easements

and franchises acquired, which are deemed necessary or

convenient for the construction, reconstruction, widening,

expanding or extending under paragraph (1) or (2).

(4) Machinery and equipment, financing charges, interest

prior to and during construction and for one year after

completion of construction.

(5) Any of the following:

(i) Traffic estimates, engineering and legal

expenses, plans, specifications, surveys and estimates

of cost and of revenues.

(ii) Other expenses necessary or incident to

determining the feasibility or practicability of the

enterprise. This subparagraph includes administrative

and legal expenses.

(iii) Other expenses as may be necessary or incident

to the financing authorized under this chapter, the

construction, reconstruction, widening, expanding or

extending of the State highway and the rural State

highway system and connecting roads, tunnels and bridges.

(6) Any obligation or expense contracted for by the

department, or with the United States or an agency of the

United States, for traffic surveys, preparation of plans and

specifications, supervision of construction and other

engineering, administrative and legal services and expenses

in connection with the construction, reconstruction,

widening, expanding or extending of the State highway and

rural State highway system or any of the connecting roads,

tunnels and bridges or the costs of the systems of public

passenger transportation or portions of the systems.

(7) Payment of any notes or other obligations if the

notes or other obligations were issued for the payment of a

cost of the department.

"Design-build arrangement." A procurement or project

delivery arrangement whereby a single entity, which may be a

single contractor or a consortium comprised of multiple

contractors, engineers and other subconsultants, is responsible

for both the design and construction of a transportation project

with a guaranteed completion date and guaranteed maximum price.

"Pledged revenues." Annual debt service payments and

revenues described in section 9511.11(b)(2) (relating to pledged

revenues).

"Regularly scheduled debt service." The scheduled payments

due for principal and interest on bonds, without regard to any

acceleration of the due date of such principal or interest by

reason of mandatory or optional redemption or acceleration

resulting from default or otherwise, other than an advancement

of payment resulting from a mandatory sinking fund payment.

"Rural State highway system." All roads and highways taken

over by the Commonwealth as State highways under the provisions

of the act of June 22, 1931 (P.L.594, No.203), referred to as

the Township State Highway Law, and all other roads and highways

specifically designated by the Secretary of Transportation as

Rural State Highways.

"State highway." All roads and highways taken over by the

Commonwealth as State highways under the provisions of any

statute other than the act of June 22, 1931 (P.L.594, No.203),

referred to as the Township State Highway Law. Unless clearly

intended, the term shall not include any street in any city,

borough or incorporated town, even though the same may have

been taken over as a State highway.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 9501.

§ 9502. Imposition of tax.

(a) General rule.--

(1) An "oil company franchise tax for highway

maintenance and construction" which shall be an excise tax

of 60 mills is hereby imposed upon all liquid fuels and fuels

as defined and provided in Chapter 90 (relating to liquid

fuels and fuels tax), and such tax shall be collected as

provided in section 9004(b) (relating to imposition of tax,

exemptions and deductions). Of the amount collected in fiscal

year 2015-2016, and each fiscal year thereafter, $35,000,000

shall be deposited in the Multimodal Transportation Fund

established under 74 Pa.C.S. § 2102 (relating to Multimodal

Transportation Fund), to be expended in accordance with

section 11 of Article VIII of the Constitution of

Pennsylvania.

(2) An additional 55 mills is hereby imposed on all

liquid fuels and fuels as defined and provided in Chapter

90 and such tax shall also be collected as provided in

section 9004(b), the proceeds of which shall be distributed

as follows:

(i) Forty-five percent to county maintenance

districts for highway maintenance for fiscal year

2013-2014, 29% for fiscal year 2014-2015, 25% for fiscal

year 2015-2016 and 19% for fiscal year 2016-2017 and

each year thereafter. This allocation shall be made

according to the formula provided in section 9102(b)(2)

(relating to distribution of State highway maintenance

funds). This allocation shall be made in addition to and

not a replacement for amounts normally distributed to

county maintenance districts under section 9102.

(ii) Fourteen percent for highway capital projects

for fiscal year 2013-2014, 30% for fiscal year 2014-2015,

34% for fiscal year 2015-2016 and 40% for fiscal year

2016-2017 and each year thereafter. Annually, until

fiscal year 2023-2024, an amount equal to 15% of all

appropriations to the department for highway and bridge

capital programs shall be distributed at the discretion

of the secretary from the amount distributed under this

subparagraph.

(iii) Thirteen percent for bridges.

(iv) Two percent for bridges identified as county

or forestry bridges. Distribution under this subparagraph

shall be in the ratio of:

(A) the square footage of deck areas, as

reported as part of the National Bridge Inspection

Standards Program, of a county's county-owned

bridges; to

(B) the total square footage of deck area, as

reported as part of the National Bridge Inspection

Standards Program, of all county-owned bridges in

this Commonwealth.

(v) Twelve percent for local roads pursuant to

section 9511(c) (relating to basic allocation to

municipalities).

(vi) Fourteen percent for toll roads designated

pursuant to the act of September 30, 1985 (P.L.240,

No.61), known as the Turnpike Organization, Extension

and Toll Road Conversion Act, to be appropriated under

section 9511(h).

(3) An additional 38.5 mills is hereby imposed upon all

liquid fuels and fuels as defined and provided in Chapter

90, and such tax shall also be collected as provided in

section 9004(b), the proceeds of which shall be deposited

in The Motor License Fund and distributed as follows:

(i) Twelve percent to municipalities on the basis

of and subject to the provisions of the act of June 1,

1956 (1955 P.L.1944, No.655), referred to as the Liquid

Fuels Tax Municipal Allocation Law, is appropriated.

(ii) Sixty-eight percent to the department for

distribution in accordance with section 9102(b)(2) for

fiscal year 2013-2014; 49% for fiscal year 2014-2015 and

40% for each fiscal year thereafter.

(iii) Twenty percent to the department for expanded

highway and bridge maintenance for fiscal year 2013-2014;

39% for fiscal year 2014-2015 and 48% for each fiscal

year thereafter to be distributed as follows:

(A) Annually, 15% of the amount deposited in a

fiscal year shall be distributed at the discretion

of the secretary.

(B) Any funds deposited but not distributed

under clause (A) shall be distributed in accordance

with the formula under section 9102(b)(2).

between counties if required for project cash flow.

(4) An additional 55 mills is hereby imposed upon all

fuels as defined and provided in chapter 90 and such tax

shall also be collected as provided in section 9004(b) upon

such fuels, the proceeds of which shall be deposited in The

Highway Bridge Improvement Restricted Account within the

Motor License Fund and is hereby appropriated.

(5) An additional 64 mills in calendar year 2014, 49

mills in calendar year 2015, 48 mills in calendar year 2016,

41 mills in calendar year 2017 and 39 mills in each calendar

year thereafter, is imposed upon all liquid fuels and fuels

as defined and provided in Chapter 90; and the tax shall

also be collected as provided in section 9004(b) upon such

fuels. The proceeds of the tax shall be deposited and

distributed as follows:

(i) Four and seventeen hundredths percent to the

Liquid Fuels Tax Fund of the State Treasury. The money

paid into that fund is specifically appropriated for the

purposes set forth in section 9010 (relating to

disposition and use of tax).

(ii) Ninety-five and eighty-three hundredths percent

to the Motor License Fund. This money is specifically

appropriated for the same purposes for which money in

the Motor License Fund is appropriated by law. Twenty

percent of the money under this subparagraph shall be

allocated to municipalities in accordance with section

9511(d).

(b) Other taxes unaffected.--The tax imposed by this chapter

is in addition to all other taxes imposed by this chapter or

any other statute.

chapter shall automatically preempt any like tax or any tax on

the privilege of processing or refining any petroleum product

taxable under this chapter or any other refined product of crude

oil imposed by any political subdivision of this Commonwealth.

This preemption shall not extend to any local, personal or real

property tax of general application or to any tax imposed by

the Commonwealth.

(d) Proof of use for nontaxable purpose.--(Deleted by

amendment).

(e) Absence of proof of use for nontaxable

purpose.--(Deleted by amendment).

(f) Change to use for taxable purpose.--(Deleted by

amendment).

(g) Credit in absence of proof of nontaxable

purpose.--(Deleted by amendment).

(h) False information concerning product use.--(Deleted by

amendment).

(i) Election to be taxed as oil company.--(Deleted by

amendment).

(j) Limitation on collection of tax.--(Deleted by

amendment).

(k) Motor carriers road tax.--(Deleted by amendment).

(Dec. 7, 1982, P.L.820, No.229, eff. imd.; Dec. 8, 1982,

P.L.842, No.234, eff. imd.; July 22, 1983, P.L.122, No.32, eff.

15 days; July 13, 1987, P.L.303, No.56, eff. imd.; Aug. 5, 1991,

P.L.238, No.26; Apr. 16, 1992, P.L.169, No.31, eff. 60 days;

Apr. 17, 1997, P.L.6, No.3; Nov. 25, 2013, P.L.974, No.89)

2013 Amendment. Act 89 amended subsec. (a), effective

immediately as to subsec. (a)(1), (2)(i) and (ii), (3), (4) and

(5), and July 1, 2014, as to subsec. (a)(2)(iv). See the

preamble to Act 89 in the appendix to this title for special

provisions relating to legislative findings and declarations.

1997 Amendment. Act 3 amended subsec. (a) and deleted

subsecs. (d), (e), (f), (g), (h), (i), (j) and (k), effective

May 1, 1997, as to subsec. (a)(3), October 1, 1997, as to

subsec. (a)(4) and July 1, 1997, as to the remainder of subsec.

(a) and subsecs. (d), (e), (f), (g), (h), (i), (j) and (k).

1982 Amendments. Acts 229 and 234 amended subsecs. (b) and

(g), retroactive to July 1, 1981. The amendments by Acts 229

and 234 are identical and therefore have been merged.

References in Text. The act of September 30, 1985 (P.L.240,

No.61), known as the Turnpike Organization, Extension and Toll

Road Conversion Act, was repealed by the act of July 18, 2007

(P.L.169, No.44).

Cross References. Section 9502 is referred to in sections

9002, 9003, 9006, 9010, 9013, 9014, 9017, 9101, 9106, 9511,

9511.11, 9805 of this title; section 2104 of Title 74

(Transportation).

§ 9503. Reports and payment of tax (Repealed).

1997 Repeal. Section 9503 was repealed April 17, 1997,

P.L.6, No.3, effective July 1, 1997.

§ 9504. Timely mailing treated as timely filing and payment

(Repealed).

1997 Repeal. Section 9504 was repealed April 17, 1997,

P.L.6, No.3, effective July 1, 1997.

§ 9505. Extension of time to file reports (Repealed).

1997 Repeal. Section 9505 was repealed April 17, 1997,

P.L.6, No.3, effective July 1, 1997.

§ 9506. Administration and enforcement (Repealed).

1997 Repeal. Section 9506 was repealed April 17, 1997,

P.L.6, No.3, effective July 1, 1997.

§ 9507. Interstate cooperation in collecting tax (Repealed).

1997 Repeal. Section 9507 was repealed April 17, 1997,

P.L.6, No.3, effective July 1, 1997.

§ 9508. Assessment and appeals (Repealed).

1997 Repeal. Section 9508 was repealed April 17, 1997,

P.L.6, No.3, effective July 1, 1997.

§ 9509. Retention of records (Repealed).

1997 Repeal. Section 9509 was repealed April 17, 1997,

P.L.6, No.3, effective July 1, 1997.

§ 9510. Penalties (Repealed).

1997 Repeal. Section 9510 was repealed April 17, 1997,

P.L.6, No.3, effective July 1, 1997.

§ 9511. Allocation of proceeds.

(a) Deposit in Motor License Fund.--Unless otherwise

provided in this title, all taxes, interest and penalties

imposed by this chapter shall be deposited in the Motor License

Fund.

(b) State Highway Transfer Restoration Restricted Account

and local bridges.--

(1) The amount of the proceeds deposited in the Motor

License Fund pursuant to this chapter which is attributable

to three mills of the tax imposed under section 9502(a)

(relating to imposition of tax) shall be deposited as

follows:

(i) For fiscal year 2013-2014 through fiscal year

2016-2017, as follows:

(A) Twenty-seven million dollars shall be

deposited in the State Highway Transfer Restoration

Restricted Account within the Motor License Fund.

The funds deposited in the State Highway Transfer

Restoration Restricted Account shall be appropriated

annually for expenditure as provided under subsection

(g).

(B) All funds not deposited in accordance with

clause (A) shall be deposited in the Highway Bridge

Improvement Restricted Account within the Motor

License Fund for local bridges, notwithstanding if

the project is administered by a county, municipality

or the department.

(ii) For fiscal year 2017-2018 and each fiscal year

thereafter, as follows:

(A) One and one-half mill shall be deposited in

the State Highway Transfer Restoration Restricted

Account within the Motor License Fund, which account

is hereby created. The funds deposited in the State

Highway Transfer Restoration Restricted Account are

hereby annually appropriated out of the account upon

authorization by the Governor for expenditure as

provided in subsection (g).

(B) One and one-half mill shall be deposited in

the Highway Bridge Improvement Restricted Account

within the Motor License Fund for local bridges,

notwithstanding if the project is administered by a

county, municipality or the department.

(2) If funds are available to make payments under

subsection (g)(1), the department may transfer funds

deposited under paragraph (1)(i) and (ii) between the State

Highway Transfer Restoration Restricted Account and the

Highway Bridge Improvement Restricted Account at the

discretion of the secretary.

to 20% of the proceeds deposited in the Motor License Fund

pursuant to the "oil company franchise tax for highway

maintenance and construction" which is attributable to 35 mills

of the tax imposed under section 9502(a) is hereby appropriated

out of the Motor License Fund to municipalities of this

Commonwealth on the basis of and subject to the provisions of

the act of June 1, 1956 (1955 P.L.1944, No.655), referred to

as the Liquid Fuels Tax Municipal Allocation Law.

(d) Additional allocation to municipalities.--In addition,

an amount is hereby appropriated out of the Motor License Fund

to municipalities of this Commonwealth on the basis of and

subject to the provisions of the act of June 1, 1956 (1955

P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal

Allocation Law, equal to the amount that would be necessary to

increase the portion of the liquid fuels and fuel use taxes

distributed by such act to 20% of that which is deposited in

the Motor License Fund from all liquid fuels and fuel use taxes.

(e) Allocation to cities of the first class.--In addition,

an amount is hereby appropriated annually out of the Motor

License Fund to cities of the first class equal to the

difference between the increased amounts allocated to cities

of the first class resulting from subsections (c) and (d) and

2% of oil company wholesale revenues from sales of gasoline

delivered to retail outlets in cities of the first class, as

determined by the Pennsylvania Secretary of Revenue in

developing the official revenue estimate for the "oil company

franchise tax for highway maintenance and construction." Such

funds shall be used exclusively for maintenance, construction

or reconstruction of highways and bridges within cities of the

first class.

(e.1) Allocation for traffic signals.--In addition, up to

$10,000,000 for fiscal year 2014-2015, up to $25,000,000 for

fiscal year 2015-2016 and up to $40,000,000 for fiscal year

2016-2017 and each fiscal year thereafter, is appropriated out

of the Motor License Fund to replace, synchronize, time, operate

and maintain traffic signals within traffic corridors consistent

with 74 Pa.C.S. Ch. 92 (relating to traffic signals). The funds

shall be used for municipal and department-managed signals and

allocated in accordance with the following:

(1) During fiscal year 2014-2015, up to $10,000,000 is

allocated to municipalities for upgrading traffic signals

to light-emitting diode technology and for performing

regional operations such as retiming, developing special

event plans and monitoring traffic signals.

(2) During fiscal year 2015-2016, up to $25,000,000

shall be allocated to municipalities for upgrading traffic

signals to light-emitting diode technology, performing

regional operations such as retiming, developing special

event plans and monitoring traffic signals and for

maintaining and operating traffic signals.

(3) During fiscal year 2016-2017 and each fiscal year

thereafter, up to $40,000,000 shall be allocated for

upgrading traffic signals to light-emitting diode technology

and intelligent transportation system applications, such as

autonomous and connected vehicle-related technology,

performing regional operations such as retiming, developing

special event plans and monitoring traffic signals and for

maintaining and operating traffic signals.

(4) Financial assistance under this section shall be

matched by funding in an amount not less than 20% of the

amount of the financial assistance being provided. Except

for transportation improvement program funds, the match may

consist of any combination of Federal, State, regional, local

and private funds, including in-kind contributions such as

an exchange of services between the department and

municipality. Any grant made under this subsection shall be

allocated for two consecutive fiscal years and shall not

lapse at the end of the fiscal year when the grant was

awarded.

(5) The department shall establish guidelines for

applications and approval of applications from municipalities

or metropolitan or rural planning organizations for the

financial assistance being provided. Applicants must enter

into agreements provided for under 74 Pa.C.S. Ch. 92.

Priority will be given to multimunicipal improvements.

(f) Basic allocation to highway maintenance.--An amount

equal to the proceeds of 23 mills of the "oil company franchise

tax for highway maintenance and construction" for the fiscal

year 1983-1984 shall be dedicated to the maintenance of any

State highways and shall be in addition to any funds currently

dedicated to the maintenance of any State highways. For fiscal

year 1984-1985 and thereafter, an amount equal to the proceeds

of 22 mills of the "oil company franchise tax for highway

maintenance and construction" shall be dedicated to the

maintenance of any State highway and shall be in addition to

any funds currently dedicated to the maintenance of any State

highways.

(g) Use of funds in the State Highway Transfer Restoration

Restricted Account.--The funds appropriated in subsection (b)

for deposit in the State Highway Transfer Restoration Restricted

Account shall be used to pay for the costs of restoration of

such highways as provided in Chapter 92 (relating to transfer

of State highways) and annual payments to the municipalities

for highway maintenance in accordance with the following:

(1) Annual maintenance payments shall be at the rate

of $4,000 per mile for each highway or portion of highway

transferred under Chapter 92, section 222 of the act of June

1, 1945 (P.L.1242, No.428), known as the State Highway Law,

or any statute enacted in 1981.

(2) Annual maintenance payments shall be paid at the

same time as funds appropriated under the act of June 1,

1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels

Tax Municipal Allocation Law, except that no maintenance

payment shall be paid for a highway until after the year

following its transfer to the municipality.

(3) Annual maintenance payments under this subsection

shall be in lieu of annual payments under the Liquid Fuels

Tax Municipal Allocation Law.

(4) Annual maintenance payments under this subsection

shall be deposited into the municipality's liquid fuels tax

account and may be used on any streets and highways in the

municipality in the same manner and subject to the same

restrictions as liquid fuels tax funds paid under the Liquid

Fuels Tax Municipal Allocation Law or, in the case of a

county, under section 10 of the act of May 21, 1931 (P.L.149,

No.105), known as The Liquid Fuels Tax Act.

(h) Allocation to Pennsylvania Turnpike Commission.--An

amount equal to 14% of the proceeds deposited in the Motor

License Fund pursuant to the "oil company franchise tax for

highway maintenance and construction" imposed under section

9502(a)(2), which amount is to be distributed under section

9502(a)(2)(vi) for toll roads designated under the act of

September 30, 1985 (P.L.240, No.61), known as the Turnpike

Organization, Extension and Toll Road Conversion Act, is hereby

appropriated monthly to the Pennsylvania Turnpike Commission.

The Commonwealth does hereby pledge to and agree with any

person, firm or corporation acquiring any bonds to be issued

by the Pennsylvania Turnpike Commission and secured in whole

or in part by a pledge of the portion of the tax known as the

"oil company franchise tax for highway maintenance and

construction" which is imposed by section 9502(a)(2) and

distributed in the manner indicated in that section, including

14% for toll roads designated under the Turnpike Organization,

Extension and Toll Road Conversion Act, that the Commonwealth

will not limit or alter the rights vested in the Pennsylvania

Turnpike Commission to the appropriation and distribution of

such tax revenues.

(i) Refund to Pennsylvania Fish and Boat Commission.--

(1) When the tax imposed by section 9502(a)(1), (2),

(3) and (4) has been paid and the fuel on which the tax has

been imposed has been consumed in the operation of motorboats

or watercraft upon the waters of this Commonwealth, including

waterways bordering this Commonwealth, the full amount of

the tax shall be refunded to the Boat Fund on petition to

the Board of Finance and Revenue in accordance with

prescribed procedures.

(2) In accordance with the procedures, the Pennsylvania

Fish and Boat Commission shall biannually calculate the

amount of liquid fuels consumed by the motorcraft and furnish

the information relating to its calculations and data as

required by the Board of Finance and Revenue. The Board of

Finance and Revenue shall review the petition and motorboat

fuel consumption calculations of the commission, determine

the amount of the oil company franchise tax paid and certify

to the State Treasurer to refund annually to the Boat Fund

the amount so determined. The department shall be accorded

the right to appear at the proceedings and make its views

known.

(3) For the fiscal years commencing July 1, 2013, July

1, 2014, July 1, 2015, July 1, 2016, and July 1, 2017, the

money under paragraph (2) shall be used by the commission

acting by itself or by agreement with other Federal and State

agencies only for the improvement of hazardous dams

impounding waters of this Commonwealth on which boating is

permitted, including the development and construction of

boating areas and the dredging and clearing of water areas

where boats can be used. The commission shall present its

plan no later than September 30 of each year through

September 30, 2017, to the chairman and minority chairman

of the Transportation Committee and the chairman and minority

chairman of the Game and Fisheries Committee of the Senate

and the chairman and minority chairman of the Transportation

Committee and the chairman and minority chairman of the Game

and Fisheries Committee of the House of Representatives

regarding the use of the funds. For the fiscal year

commencing July 1, 2018, and for each fiscal year thereafter,

this money shall be used by the commission acting by itself

or by agreement with other Federal and State agencies only

for the improvement of the waters of this Commonwealth on

which motorboats are permitted to operate and may be used

for the development and construction of motorboat areas; the

dredging and clearing of water areas where motorboats can

be used; the placement and replacement of navigational aids;

the purchase, development and maintenance of public access

sites and facilities to and on waters where motorboating is

permitted; the patrolling of motorboating waters; the

publishing of nautical charts in those areas of this

Commonwealth not covered by nautical charts published by the

United States Coast and Geodetic Survey or the United States

Army Corps of Engineers and the administrative expenses

arising out of the activities; and other similar purposes.

(July 22, 1983, P.L.122, No.32, eff. 15 days; July 10, 1984,

P.L.704, No.148, eff. imd.; Apr. 16, 1992, P.L.169, No.31, eff.

60 days; July 2, 1993, P.L.408, No.58, eff. imd.; Feb. 10, 1994,

P.L.20, No.3, eff. 60 days; July 7, 2006, P.L.341, No.70, eff.

60 days; Nov. 25, 2013, P.L.974, No.89, eff. 60 days; July 20,

2016, P.L.861, No.101, eff. 60 days)

2016 Amendment. Act 101 amended subsec. (e.1).

2013 Amendment. Act 89 amended subsecs. (b) and (g) and

added subsecs (e.1) and (i). See the preamble to Act 89 in the

appendix to this title for special provisions relating to

legislative findings and declarations.

1994 Amendment. Act 3 amended subsec. (h). The amendment

by Act 3 is identical to the amendment by Act 58 of 1993 and

therefore the text has been merged.

1993 Amendment. See section 10 of Act 58 in the appendix

to this title for special provisions relating to use of Motor

License Fund appropriations.

1992 Amendment. Act 31 amended subsec. (a) and added subsec.

(h).

1983 Amendment. Act 32 amended and relettered former subsec.

(b) to subsec. (c), relettered former subsec. (c) to subsec.

(d), amended and relettered former subsec. (d) to subsec. (e)

and added present subsec. (b) and subsecs. (f) and (g).

References in Text. The act of May 21, 1931 (P.L.149,

No.105), known as The Liquid Fuels Tax Act, referred to in

subsec. (g), was repealed by the act of April 17, 1997 (P.L.6,

No.3). The subject matter is now contained in Chapter 90 of

this title.

The act of September 30, 1985 (P.L.240, No.61), known as the

Turnpike Organization, Extension and Toll Road Conversion Act,

was repealed by the act of July 18, 2007 (P.L.169, No.44).

Cross References. Section 9511 is referred to in sections

9502, 9511.11 of this title.

§ 9511.1. Imposition of additional tax (Repealed).

1997 Repeal. Section 9511.1 was repealed April 17, 1997,

P.L.6, No.3, effective July 1, 1997.

§ 9511.2. Special revenue bonds.

(a) Payment source.--A special revenue bond, note or other

obligation issued under this chapter:

(1) shall not be deemed to be a debt or liability of

the Commonwealth;

(2) shall not create or constitute any indebtedness,

liability or obligation of the Commonwealth; and

(3) shall be payable solely from pledged revenues.

(b) Statement.--A special revenue bond, note or other

obligation issued under this chapter must contain a statement

on its face that:

(1) the Commonwealth is not obligated to pay the bond,

note or obligation or the interest on it except from pledged

revenues; and

(2) neither the faith and credit, nor the taxing power

of the Commonwealth is pledged to the payment of the

principal or interest of the bond, note or obligation.

or other obligation under this chapter shall not directly,

indirectly or contingently obligate the Commonwealth to levy a

tax or to make an appropriation for payment.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 9511.2.

Cross References. Section 9511.2 is referred to in sections

8901, 9501, 9511.11 of this title.

§ 9511.3. Expenses.

(a) Reimbursement.--The commission shall be reimbursed from

bond proceeds for the necessary and documented reasonable

expenses incurred in the performance of the duties performed

under the provisions of this chapter.

(b) Source.--All expenses incurred in carrying out the

provisions of this chapter shall be paid solely from funds

provided under the authority of this chapter, and sufficient

funds shall be provided under the authority of this chapter to

meet any liability or obligation incurred in carrying out the

provisions of this chapter.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 9511.3.

§ 9511.4. Special revenue bonds and preliminary or interim

financing.

(a) Authorization.--The commission is authorized to provide,

by resolution, for the issuance of special revenue bonds of the

commission up to an aggregate principal amount not exceeding

$5,000,000,000, exclusive of original issue discount, for the

purpose of paying the cost of the department and bond-related

expenses. The resolution must recite an estimate of the cost

of the department. No more than $600,000,000 in aggregate

principal amount of special revenue bonds, exclusive of original

issue discount, may be issued in any calendar year. No bond may

be issued and outstanding under this section unless the lease

agreement authorized under section 8915.3 (relating to lease

of Interstate 80; related agreements) is in effect as of the

date of issuance. No bond may be outstanding beyond the term

of the lease. Special revenue refunding bonds as set forth in

section 9511.9 (relating to special revenue refunding bonds)

shall not be deemed to count against the total or annual maximum

issuance volume. The principal and interest of the bond shall

be payable solely from pledged revenues.

(b) Form.--

(1) A bond may be issued in registered form.

(2) A bond:

(i) must be dated;

(ii) must bear interest at a rate not exceeding the

rate permitted under applicable law;

(iii) must be payable semiannually or at other times

as set forth in the resolution of the commission

authorizing the issuance of the bonds;

(iv) must mature, as determined by the commission,

no later than 40 years from the date of the bond; and

(v) may be made redeemable before maturity, at the

option of the commission, at a price and under terms and

conditions fixed by the commission prior to the issuance

of the bonds.

(1) The commission may sell bonds at public or private

sale and for a price it determines to be in the best interest

of the Commonwealth.

(2) Bonds may be issued in series with varying

provisions as to all of the following:

(i) Rates of interest, which may be fixed or

variable.

(ii) Other provisions not inconsistent with this

chapter.

(d) (Reserved).

(e) Payment.--

(1) The principal and interest of the bonds may be made

payable in any lawful medium.

(2) The commission shall:

(i) determine the form of bonds; and

(ii) fix:

(A) the denomination of the bond; and

(B) the place of payment of principal and

interest of the bond, which may be at any bank or

trust company within or without this Commonwealth.

(f) Signature.--The bond must bear the manual or facsimile

signature of the Governor and of the chairman of the commission.

The official seal of the commission or a facsimile of the

official seal shall be affixed to or printed on the bond and

attested by the secretary and treasurer of the commission. If

an officer whose signature or facsimile of a signature appears

on a bond ceases to be an officer before the delivery of the

bond, the signature or facsimile shall nevertheless be valid

and sufficient for all purposes as if the officer remained in

office until delivery.

(g) Negotiability.--A special revenue bond issued under

this chapter shall have all the qualities and incidents of a

negotiable instrument under 13 Pa.C.S. Div. 3 (relating to

negotiable instruments).

(h) Proceeds.--The proceeds of a bond shall be used solely

for the following:

(1) Payment of the cost of the department.

(2) Bond-related expenses.

(i) Temporary bonds.--Prior to the preparation of definitive

bonds, the commission may, under similar provisions as those

applicable to the definitive bonds, issue temporary bonds,

exchangeable for definitive bonds upon the issuance of

definitive bonds.

(j) (Reserved).

(k) Status as securities.--

(1) A bond is made a security in which any of the

following may properly and legally invest funds, including

capital, belonging to them or within their control:

(i) Commonwealth and municipal officers.

(ii) Commonwealth agencies.

(iii) Banks, bankers, savings banks, trust

companies, saving and loan associations, investment

companies and other persons carrying on a banking

business.

(iv) Insurance companies, insurance associations

and other persons carrying on an insurance business.

(v) Fiduciaries.

(vi) Other persons that are authorized to invest

in bonds or other obligations of the Commonwealth.

(2) A bond is made a security which may properly and

legally be deposited with and received by a Commonwealth or

municipal officer or a Commonwealth agency for any purpose

for which the deposit of bonds or other obligations of the

Commonwealth is authorized by law.

(l) Borrowing.--The following shall apply:

(1) The commission is authorized to do all of the

following:

(i) Borrow money at an interest rate not exceeding

the rate permitted by law.

(ii) Provide for preliminary or interim financing

up to, but not exceeding, the estimated total cost of

the department and bond-related expenses and to evidence

the borrowing by the issuance of special revenue notes

and, in its discretion, to pledge as collateral for the

note or other obligation a special revenue bond issued

under the provisions of this chapter. The commission may

renew the note or obligation, and the payment or

retirement of the note or obligation shall be considered

to be payment of the cost of the project.

(2) A note or obligation issued under this subsection

must contain a statement on its face that:

(i) the Commonwealth is not obligated to pay the

note or obligation or interest on it, except from pledged

revenues; and

(ii) neither the faith and credit nor the taxing

power of the Commonwealth is pledged to the payment of

its principal or interest.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 9511.4.

§ 9511.5. Application of proceeds of obligations, lien of

holders of obligations, design-build requirement and

projects approved by General Assembly.

(a) Application.--The following shall apply:

(1) All proceeds received from any bonds, notes or other

obligations issued under this chapter shall be applied solely

to the payment of:

(i) the cost of the department; and

(ii) bond-related expenses.

(2) The commission may provide by resolution that until

proceeds received from any bonds, notes or other obligations

issued under this chapter is applied under paragraph (1), a

lien shall exist upon the proceeds in favor of holders of

the bonds, notes or other obligations or a trustee provided

for in respect to the bonds, notes or other obligations.

(b) Design-build arrangements.--

(1) To facilitate the timely completion of projects to

be financed by the department with bond proceeds, the

department may utilize design-build arrangements for each

project to be financed with bond proceeds if the project

value is estimated by the department to exceed $100,000,000.

(2) Notwithstanding the provisions of any other law,

the department may utilize design-build arrangements for the

following:

(i) projects to be financed by the department with

bond proceeds for projects estimated by the department

to have a value of $100,000,000 or less; and

(ii) all other construction projects of the

department not included under subparagraph (i) or

paragraph (1).

(3) The selection of the party for a design-build

arrangement under this subsection must be conducted in a

manner consistent with the procurement and public bidding

laws applicable to the department.

department with bond proceeds shall be included in any

submission the department is already required to make to the

General Assembly with respect to the expenditure of funds for

highway projects.

(d) Investment.--Pending the application of proceeds to

cost of the department and bond-related expenses, the commission

may invest the funds in permitted investments as defined under

any trust indenture.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 9511.5.

§ 9511.6. Trust indenture, protection of holders of obligations

and depositories.

(a) Indenture.--In the discretion of the commission, a bond,

note or other obligation may be secured by a trust indenture

by and between the commission and a corporate trustee, which

may be any trust company or bank having the powers of a trust

company, within or without this Commonwealth.

(b) Pledge or assignment.--A trust indenture under

subsection (a) may pledge or assign the pledged revenues but

shall not convey or mortgage the turnpike or any part of the

turnpike.

issuance of the bond, note or other obligation of the trust

indenture may contain provisions for protecting and enforcing

the rights and remedies of the bondholders or holders of notes

or other obligations as may be reasonable and proper and not

in violation of law.

(d) Depository.--It shall be lawful for any bank or trust

company incorporated under the laws of this Commonwealth to act

as depository of the proceeds of the bond, note or other

obligation or revenue, to furnish indemnity bonds or to pledge

securities as may be required by the commission.

(e) Indenture.--The trust indenture may set forth the rights

and remedies of the bondholders or holders of notes or other

obligations and of the trustee and may restrict the individual

right of action of bondholders or holders of notes or other

obligations as is customary in trust indentures securing bonds,

debentures of corporations, notes or other obligations. The

trust indenture may contain other provisions as the commission

may deem reasonable and proper for the security of bondholders

or holders of notes or other obligations.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 9511.6.

§ 9511.7. Exemption from Commonwealth taxation.

The effectuation of the purposes of this chapter is for the

benefit of the citizens of this Commonwealth and for the

improvement of their commerce and prosperity. Since the

commission will be performing essential government functions

in effectuating these purposes, the commission shall not be

required to pay any tax or assessment on any property acquired

or used by it for the purposes provided under this chapter. A

bond, note or other obligation issued by the commission, its

transfer and the income from its issuance and transfer,

including any profits made on the sale of the bond, note or

other obligation, shall be free from taxation within the

Commonwealth.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 9511.7.

§ 9511.8. Costs related to Federal income tax matters.

Tax matter costs incurred by the commission in connection

with any proceeding of or filing with the Internal Revenue

Service concerning the use of proceeds of bonds issued under

this chapter shall be paid or reimbursed from available funds

in the motor license fund. Tax matter costs shall include all

of the following:

(1) Fees of tax counsel or arbitrage rebate calculation

providers.

(2) Arbitrage rebate payments to the extent not properly

payable from funds held under the bond indenture.

(3) Settlement payments to the Internal Revenue Service,

either in relation to an examination initiated by the

Internal Revenue Service or a closing agreement requested

by the commission.

(4) Payments to bondholders as a result of claims based

on pending, threatened or actual assessments of tax, interest

or penalties by the Internal Revenue Service.

(5) Any other cost reasonably related to a proceeding

by or filing with the Internal Revenue Service concerning

the use of proceeds of the bonds.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 9511.8.

§ 9511.9. Special revenue refunding bonds.

The commission is authorized to provide, by resolution, for

the issuance of special revenue refunding bonds of the

commission for the purpose of refunding any special revenue

bonds, notes or other obligations issued under the provisions

of this chapter and then outstanding. The issuance of the

special revenue refunding bonds, the maturities and other

details of the bonds, the rights of the holders of the bonds

and the duties of the department and of the commission with

respect to the bonds shall be governed by the provisions of

this chapter.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 9511.9.

Cross References. Section 9511.9 is referred to in section

9511.4 of this title.

§ 9511.10. Remedies of trustees and of holders of obligations.

(a) Grant of rights.--A holder of a bond, note or other

obligation issued under this chapter and the trustee under the

trust indenture may, either at law or in equity, by suit,

action, mandamus or other proceeding, do all of the following:

(1) Protect and enforce any right granted under this

chapter or under the resolution or trust indenture.

(2) Enforce and compel performance of all duties

required under this chapter or by resolution or trust

indenture to be performed by the commission or any of its

officers, including the collection of the pledged revenues.

(b) Exception.--Rights given under this chapter may be

restricted by resolution passed before the issuance of the

bonds, notes or other obligations or by the trust indenture.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 9511.10.

§ 9511.11. Pledged revenues.

(a) Annual debt service payments.--Upon receipt by the

department of the annual debt service payments, the department

shall pay them to the trustee for the holders of the bonds

issued under section 9511.2 (relating to special revenue bonds).

(b) Payment default.--

(1) The department shall notify the State Treasurer if

the department receives a notice from the trustee which:

(i) indicates that a default in the payment by the

commission on its regularly scheduled deposits with

respect to debt service on the bonds has occurred; and

(ii) indicates the amount required to remedy the

default.

(2) Upon notice under paragraph (1), the State Treasurer

shall do all of the following:

(i) Notwithstanding section 9010 (relating to

disposition and use of tax), transfer to the trustee

from funds in the Motor License Fund as a result of the

imposition of the tax under section 9004(a) (relating

to imposition of tax, exemptions and deductions) the

amount necessary to remedy the default under paragraph

(1)(ii).

(ii) If funds in the Motor License Fund as a result

of the imposition of the tax under section 9004(a) are

not sufficient to remedy the default under paragraph

(1)(ii) and notwithstanding section 9511 (relating to

allocation of proceeds), transfer to the trustee from

funds in the Motor License Fund as a result of the

imposition of the tax under section 9502(a)(1), (2)(i),

(ii), (iii) and (iv) and (3)(ii) (relating to imposition

of tax), an amount necessary, when combined with any

funds transferred under subparagraph (i), to remedy the

default.

(iii) If funds in the Motor License Fund as a result

of the imposition of the tax under sections 9004(a) and

9502(a)(1), (2)(i), (ii), (iii) and (iv) and (3)(ii) are

not sufficient to remedy the default under paragraph

(1)(ii) and notwithstanding the provisions of section

20 of Act 3, transfer to the trustee from funds in the

Motor License Fund as a result of the imposition of fees

specified under sections 1912 (relating to passenger

cars), 1913 (relating to motor homes), 1914 (relating

to motorcycles), 1915 (relating to motor-driven cycles),

1916 (relating to trucks and truck tractors), 1917

(relating to motor buses and limousines), 1921 (relating

to special mobile equipment), 1922 (relating to

implements of husbandry), 1923 (relating to antique,

classic and collectible vehicles), 1924 (relating to

farm vehicles), 1925 (relating to ambulances, taxis and

hearses), 1926 (relating to dealers and miscellaneous

motor vehicle business), 1926.1 (relating to farm

equipment vehicle dealers), 1927 (relating to transfer

of registration), 1929 (relating to replacement

registration plates), 1932 (relating to duplicate

registration cards), 1933 (relating to commercial

implements of husbandry) and 1952 (relating to

certificate of title), net of amounts appropriated to

the commission under section 20 of Act 3, an amount

necessary, when combined with funds transferred under

subparagraphs (i) and (ii), to remedy the default.

a pledge by the Commonwealth to an individual or entity that

acquires a bond issued by the commission under section 9511.2:

(1) to secure the portion of the money described under

this section and distributed under this section; and

(2) to not limit or alter the rights vested in the

commission or the trustee for the bonds to the appropriation

and distribution of money set forth under this section.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 9511.11.

Cross References. Section 9511.11 is referred to in section

9501 of this title.

§ 9511.12. (Reserved).

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 9511.12 (Reserved).

§ 9511.13. Supplement to other laws and liberal construction.

This chapter shall be regarded as supplemental and additional

to powers conferred by other statutes and shall not be regarded

as in derogation of any powers existing on the effective date

of this section. The provisions of this chapter, being necessary

for the welfare of the Commonwealth and its citizens, shall be

liberally construed to effect the purposes of this chapter.

(July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 9511.13.

§ 9512. Severability of provisions.

If any provision of this chapter or the application thereof

to any person or circumstance is held invalid, the remainder

of the chapter and the application of such provisions to other

persons or circumstances shall not be affected thereby.

CHAPTER 96

MOTOR CARRIERS ROAD TAX

Sec.

9601. Short title of chapter.

9602. Definitions.

9603. Imposition of tax.

9604. Credit for motor fuel tax payment.

9605. Tax due date.

9606. Tax revenue to Motor License Fund.

9607. Calculation of amount of fuel used in Commonwealth.

9608. Report requirements.

9609. Average consumption.

9610. Records.

9611. Surety bond for payment of taxes.

9612. Arbitrary assessment to prevent tax avoidance.

9613. Penalty and interest for failure to report or pay tax.

9614. Time for payment of taxes, penalties and interest.

9615. Manner of payment and recovery of taxes, penalties and

interest.

9615.1. Examination of records.

9616. Determination, redetermination and review.

9617. Timely mailing treated as timely filing and payment.

9618. Availability of records of other agencies.

9619. Highway Bridge Improvement Restricted Account.

9620. Appropriation and allocation of proceeds.

9621. Regulations.

9622. Reciprocal agreements.

Enactment. Chapter 96 was added July 13, 1987, P.L.303,

No.56, effective immediately and retroactive to July 1, 1987.

Special Provisions in Appendix. See sections 4, 5, 7 and 8

of Act 56 of 1987 in the appendix to this title for special

provisions relating to display of identification markers,

continuation of prior tax, applicability and retroactivity.

Cross References. Chapter 96 is referred to in sections

2101, 2101.1, 2102, 2103, 2104, 2105, 6117 of this title.

§ 9601. Short title of chapter.

This chapter shall be known and may be cited as the Motor

Carriers Road Tax Act.

§ 9602. Definitions.

The following words and phrases when used in this chapter

and in Chapter 21 (relating to motor carriers road tax

identification markers) shall have the meanings given to them

in this section and in section 2101.1 (relating to definitions)

unless the context clearly indicates otherwise:

"Department." The Department of Revenue of the Commonwealth.

"Highway." The Pennsylvania Turnpike and every way or place,

of whatever nature, open to the use of the public as a matter

of right for purposes of vehicular travel. The term does not

include a roadway or driveway upon grounds owned by private

persons, colleges, universities or other institutions.

"Motor carrier." Every person who operates or causes to be

operated any qualified motor vehicle on any highway in this

Commonwealth.

"Motor fuel." Includes "fuels," "liquid fuels" and

"alternative fuels" as defined in section 9002 (relating to

definitions).

"Operations." Operations of all qualified motor vehicles,

whether loaded or empty, whether operated singly or in

combination with trailers or semitrailers, whether for

compensation or not for compensation, and whether owned by or

leased to the motor carrier who operates them or causes them

to be operated.

"Qualified motor vehicle." As defined in section 2101.1

(relating to definitions).

"Recreational vehicle." Vehicles such as motor homes, pickup

trucks with attached campers and buses when used exclusively

for personal pleasure by individuals. In order to qualify as a

recreational vehicle, the vehicle shall not be used in

connection with any business endeavor.

"Secretary." The Secretary of Revenue of the Commonwealth.

(Dec. 20, 1995, P.L.669, No.75, eff. Jan. 1, 1996; Apr. 17,

1997, P.L.6, No.3, eff. Oct. 1, 1997)

1997 Amendment. Act 3 amended the def. of "motor fuel."

1995 Amendment. Act 75 amended the intro. par. and the defs.

of "motor carrier" and "operations," added the defs. of

"qualified motor vehicle" and "recreational vehicle" and deleted

the def. of "motor vehicle."

Cross References. Section 9602 is referred to in section

9802 of this title.

§ 9603. Imposition of tax.

(a) General rule.--Every motor carrier shall pay a road tax

equivalent to the rate per gallon currently in effect on

Pennsylvania liquid fuels, fuels or other alternative fuels as

provided in section 9004(a), (b), (c) and (d) (relating to

imposition of tax, exemptions and deductions), calculated on

the amount of motor fuel used in its operations on highways

within this Commonwealth.

(b) Other taxes unaffected.--The taxes imposed on motor

carriers by this chapter are in addition to any taxes of

whatever character imposed on such carriers by any other

statute.

(Apr. 17, 1997, P.L.6, No.3, eff. Oct. 1, 1997)

§ 9604. Credit for motor fuel tax payment.

(a) General rule.--Every motor carrier subject to the tax

imposed under this chapter shall be entitled to a credit on the

tax, equivalent to the rate per gallon of the Pennsylvania tax

which is currently in effect, on all gasoline or other motor

fuel purchased by the carrier within this Commonwealth for use

in its operation either within or without this Commonwealth and

upon which gasoline or other motor fuel the tax imposed by the

laws of this Commonwealth has been paid by such carrier.

Evidence of the payment of the tax in such form as may be

required by, or is satisfactory to, the department shall be

furnished by each carrier claiming the credit. When the amount

of the credit to which any motor carrier is entitled for any

quarter exceeds the amount of the tax for which the carrier is

liable for the same quarter, such excess shall, upon application

and under regulations of the department, be allowed as a credit

on the tax for which the carrier would be otherwise liable for

any of the eight succeeding quarters; or, upon application to

the department within the time that records are required to be

maintained from the end of any quarter, duly verified and

presented, in accordance with regulations promulgated by the

department and supported by such evidence as may be satisfactory

to the department, such excess shall be refunded if it shall

appear that the applicant has paid to another state under a

lawful requirement of such state a tax, similar in effect to

the tax provided in this chapter, on the use or consumption in

that state of gasoline or other motor fuel purchased in this

Commonwealth.

(b) Refund procedure.--If the department shall refuse to

allow a refund in the amount claimed by the applicant, the

applicant may within 30 days of the mailing date of the notice

of such refusal request a formal hearing on the application for

a refund. The hearing shall be held after written notice to the

applicant of not less than 20 days. Whenever any refund is

ordered, it shall be paid out of the Motor License Fund. As

much of the moneys received as payment of the tax, interest and

penalties under this chapter as shall be necessary for the

payment of the refunds provided for in this chapter is hereby

appropriated for the payment of such refunds. No tax, interest,

penalty or fee received or derived from any other tax imposed

by the laws of this Commonwealth shall be used to pay any refund

or credit due and payable under the provisions of this chapter.

(Dec. 20, 1995, P.L.669, No.75, eff. Jan. 1, 1996)

Cross References. Section 9604 is referred to in section

9611 of this title.

§ 9605. Tax due date.

The tax imposed under this chapter shall be paid by each

motor carrier quarterly to the department on or before the last

day of April, July, October and January of each year and

calculated upon the amount of motor fuel used in its operations

on highways within this Commonwealth by each carrier during the

quarter ending with the last day of the preceding month.

§ 9606. Tax revenue to Motor License Fund.

All taxes, fees, penalties and interest paid under this

chapter shall be credited to and are hereby appropriated to the

Motor License Fund as provided for by section 11 of Article

VIII of the Constitution of Pennsylvania.

(Apr. 17, 1997, P.L.6, No.3, eff. Oct. 1, 1997)

§ 9607. Calculation of amount of fuel used in Commonwealth.

The amount of gasoline or other motor fuel used in the

operations of any motor carrier on highways within this

Commonwealth shall be such proportion of the total amount of

the gasoline or other motor fuel used in its entire operations

within and without this Commonwealth as the total number of

miles traveled on highways within this Commonwealth bears to

the total number of miles traveled within and without this

Commonwealth.

§ 9608. Report requirements.

Every motor carrier subject to the tax imposed by this

chapter shall, on or before the last day of April, July, October

and January of every year, make to the department such reports

of its operations during the quarter ending the last day of the

preceding month as the department may require and such other

reports from time to time as the department may deem necessary.

The department may by regulation permit motor carriers whose

estimated annual liability under this chapter is $250 or less

to file its report on an annual basis.

§ 9609. Average consumption.

In the absence of adequate records or other evidence

satisfactory to the department showing the number of miles

operated by a motor carrier's qualified motor vehicles per

gallon of motor fuel, any such qualified motor vehicle shall

be deemed to have consumed one gallon of motor fuel for each

four miles operated.

(June 11, 1992, P.L.266, No.47, eff. 60 days; Dec. 20, 1995,

P.L.669, No.75, eff. Jan. 1, 1996)

§ 9610. Records.

Every motor carrier shall keep such records, in such form

as the department reasonably may prescribe, as will enable the

carrier to report and enable the department to determine the

total number of miles traveled by its entire fleet of qualified

motor vehicles, the total number of miles traveled in this

Commonwealth by the entire fleet, the total number of gallons

of motor fuel used by the entire fleet and the total number of

gallons of motor fuel purchased in this Commonwealth for the

entire fleet. All such records shall be safely preserved for a

period of four years in such manner as to insure their security

and availability for inspection by the secretary or any

authorized employee engaged in the administration of this

chapter. Upon application in writing, stating the reasons

therefor, the department may, in its discretion, consent to the

destruction of any such records at any time within that period

if the records pertain to a period which has been audited by

the department. Every taxpayer shall retain records required

by this chapter at a place within this Commonwealth, but a

taxpayer who elects to retain records outside of this

Commonwealth shall assume reasonable out-of-State audit

expenses.

(Dec. 20, 1995, P.L.669, No.75, eff. Jan. 1, 1996)

§ 9611. Surety bond for payment of taxes.

A motor carrier may give a surety company bond in an amount

deemed necessary by the department to protect the revenues of

the Commonwealth, payable to the Commonwealth of Pennsylvania

and conditioned that the carrier will pay all taxes due and to

become due under this chapter from the date of the bond to the

date when either the carrier or the bonding company notifies

the department that the bond has been canceled. The surety shall

be a corporation authorized to write surety bonds in this

Commonwealth. As long as the bond remains in force, the Board

of Finance and Revenue may order refunds to the motor carrier

in the amounts appearing to be due on applications duly filed

by the motor carrier under section 9604 (relating to credit for

motor fuel tax payment), without first auditing the records of

the carrier. The bond shall cover taxes and interest due thereon

even though the assessment is made after cancellation of the

bond, but only for taxes due and payable while the bond was in

force and penalties and interest on such taxes.

1994 Partial Repeal. Section 42(b) of Act 48 of 1994

provided that section 9611 is repealed insofar as it is

inconsistent with the provisions of Act 48 for filing with the

Board of Finance and Revenue of petitions for the refund of

taxes and other moneys collected by the Department of Revenue.

§ 9612. Arbitrary assessment to prevent tax avoidance.

If the department ascertains that a person designs quickly

to depart from this Commonwealth, or to remove therefrom his

property or any property used by him in operations subject to

this chapter, or to discontinue business, or to do any other

act tending to prejudice or render wholly or partly ineffectual

proceedings to assess or collect such tax, whereby it becomes

important that such proceedings be brought without delay, the

department may immediately make an arbitrary assessment of the

amount of tax due, whether or not any report is then due by

law, and may proceed under such arbitrary assessment to collect

the tax, or compel security for the tax, and thereafter shall

cause notice of such finding to be given to the motor carrier,

together with a demand for an immediate report and immediate

payment of the tax.

Cross References. Section 9612 is referred to in section

9614 of this title.

§ 9613. Penalty and interest for failure to report or pay tax.

When any motor carrier fails to file a report and pay the

tax within the time prescribed by this chapter for the filing

and payment thereof, he shall pay as a penalty for each failure

to file or to pay on or before the prescribed date a sum

equivalent to 10% of the tax or $50, whichever is greater. In

addition to this penalty, any unpaid tax shall bear interest

at the rate of 1% per month or fraction thereof until the tax

is paid. The penalties and interest charges imposed shall be

paid to the department in addition to the tax due.

(Dec. 20, 1995, P.L.669, No.75, eff. Jan. 1, 1996)

Cross References. Section 9613 is referred to in section

9614 of this title.

§ 9614. Time for payment of taxes, penalties and interest.

All taxes, penalties and interest assessed under this

chapter, unless earlier payment is provided in this chapter,

shall be paid within 15 days after notice and demand have been

mailed to the motor carrier by the department. If the taxes,

penalties and interest assessed pursuant to this section and

sections 9612 (relating to arbitrary assessment to prevent tax

avoidance) and 9613 (relating to penalty and interest for

failure to report or pay tax) are not paid within 15 days, there

shall be added to the amount of assessment, in addition to

interest as already provided and any other penalties provided

by law, a sum equivalent to 5% of the tax.

§ 9615. Manner of payment and recovery of taxes, penalties and

interest.

(a) General rule.--All penalties and interest when imposed

under this chapter shall be payable to and recoverable by the

department in the same manner as if they were part of the tax

imposed.

(b) Imposition of lien.--The taxes, fees, interest and

penalties imposed under this chapter, from the time they are

due, shall be a debt of a motor carrier who does not maintain

premises for the transaction of business within this

Commonwealth, recoverable in an action of assumpsit in the name

of the Commonwealth. This debt, whether sued upon or not, shall

be a lien on all the property of the debtor, except as against

an innocent purchaser for value without notice thereof, and

shall have priority both in lien and distribution of the assets

of the motor carrier, whether in bankruptcy, insolvency or

otherwise. The proceeds of any judgment or order obtained under

this section shall be paid to the department.

to be due from any person who maintains premises for the conduct

of business in this Commonwealth and remaining unpaid after

demand for the tax, and all penalties and interest thereon,

shall be a lien in favor of the Commonwealth upon the real and

personal property of the person but only after the lien has

been entered and docketed of record by the prothonotary of the

county where the property is situated. The department may at

any time transmit to the prothonotaries of the respective

counties certified copies of all liens for such taxes, penalties

and interest, and it shall be the duty of each prothonotary

receiving the lien to enter and docket the lien of record in

his office, which lien shall be indexed as judgments are now

indexed. A writ of execution may directly issue upon such lien

without the issuance and prosecution to judgment of a writ of

scire facias. Not less than ten days before issuance of any

execution on the lien, notice of the filing and the effect of

the lien shall be sent by registered mail to the taxpayer at

his last known post office address.

(d) Priority of lien.--The lien imposed under this section

shall have priority from the date of its recording and shall

be fully paid and satisfied out of the proceeds of any judicial

sale of property subject thereto, before any other obligation,

judgment, claim, lien or estate to which the property may

subsequently become subject, except costs of the sale and of

the writ upon which the sale was made, and real estate taxes

and municipal claims against the property, but shall be

subordinate to mortgages and other liens existing and duly

recorded or entered of record prior to the recording of the tax

lien. In the case of a judicial sale of property subject to a

lien imposed under this section upon a lien or claim over which

the lien imposed under this section has priority, the sale shall

discharge the lien imposed under this section to the extent

only that the proceeds are applied to its payment, and the lien

shall continue in full force and effect as to the balance

remaining unpaid.

(e) Renewal of lien.--The lien imposed under this section

shall continue for five years from the date of its entry of

record and may be renewed and continued in the manner provided

for the renewal of judgments.

§ 9615.1. Examination of records.

The department or any agent appointed by it, including the

auditors of any member jurisdiction as provided in the IFTA,

may examine books and records and make determinations of any

tax due in accordance with the provisions of section 2915-A of

the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform

Code of 1971.

(Dec. 20, 1995, P.L.669, No.75, eff. Jan. 1, 1996)

1995 Amendment. Act 75 added section 9615.1.

References in Text. Section 2915-A of the act of March 4,

1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, was

deleted by the act of October 9, 2009 (P.L.451, No.48).

§ 9616. Determination, redetermination and review.

(a) Failure to pay tax.--If any person fails to pay any tax

imposed by this chapter for which he is liable, the department

may make a determination of additional tax and interest due by

such person based upon any information within its possession

or that shall come into its possession. All determinations shall

be made so that notice thereof shall reach the parties against

whom made within five years after the due date of the tax. Any

assessment may be made at any time during that period

notwithstanding that the department may have made one or more

previous assessments against the taxpayer for the year in

question or for any part of that year. In any case, no credit

shall be given for any penalty previously assessed or paid.

(b) Failure to file report.--Where no report is filed, the

amount of the tax due may be assessed and collected at any time

as to taxable transactions not reported.

willfully files a false or fraudulent report with intent to

evade the tax imposed by this chapter, the amount of tax due

may be assessed and collected at any time.

(d) Extension of period for assessment.--Notwithstanding

any of the other provisions of this chapter, where, before the

expiration of the period prescribed therein for the assessment

of a tax, a taxpayer has consented in writing that the period

be extended, the amount of tax due may be assessed at any time

within the extended period. The period so extended may be

extended further by subsequent consent in writing made before

the expiration of the extended period.

(e) Petition for redetermination.--Promptly after the date

of the determination, the department shall send, by first class

mail, a copy thereof to the person against whom it was made.

Within 90 days after the date upon which the copy of any such

determination was mailed, such person may file with the

department a petition for redetermination of the taxes. The

petition for redetermination shall state specifically the

reasons which the petitioner believes entitle him to the

redetermination, and it shall be supported by affirmation that

it is not made for the purpose of delay and that the facts set

forth therein are true. It shall be the duty of the department,

within six months after the date of any determination, to

dispose of any petition for redetermination. Notice of the

action taken upon any petition for redetermination shall be

given to the petitioner promptly after the date of

redetermination by the department.

(f) Review and appeal.--Any person shall have the right to

review by the Board of Finance and Revenue and appeal in the

same manner and within the same time as provided by law in the

case of capital stock and franchise taxes imposed upon

corporations.

§ 9617. Timely mailing treated as timely filing and payment.

With respect to all reports, claims, statements and other

documents required to be filed and all payments required to be

made under this chapter, any such report, claim, statement and

other document or payment of tax withheld shall be considered

as timely filed if the report, claim, statement or other

document or payment which has been received by the department

is postmarked by the United States Postal Service on or prior

to the final day on which payment is to be received. For the

purposes of this chapter, the presentation of a receipt

indicating that the report, claim, statement or other document

or payment was mailed by registered or certified mail on or

before the due date shall be prima facie evidence of timely

filing of the report, claim, statement or other document or

payment.

§ 9618. Availability of records of other agencies.

The records of any other Commonwealth agency, to the extent

that they may be pertinent to the administration and enforcement

of this chapter and the determination of liability thereunder,

shall be available to the department.

§ 9619. Highway Bridge Improvement Restricted Account.

The Highway Bridge Improvement Restricted Account within the

Motor License Fund is hereby continued. It is the declared

policy of the Commonwealth that the money raised by the taxes

deposited into this account be used, to the greatest extent

possible, to provide for the creation of jobs and the rehiring

of the unemployed in this Commonwealth. In order to reach this

goal, firms with Pennsylvania-based facilities shall be actively

solicited to make bids on contracts to furnish products and

materials, including, but not limited to, steel and steel

products, to be used in the projects funded through the Highway

Bridge Improvement Restricted Account.

§ 9620. Appropriation and allocation of proceeds.

The funds deposited in the Highway Bridge Improvement

Restricted Account within the Motor License Fund are hereby

annually appropriated out of the account upon authorization by

the Governor, for expenditure on bridge rehabilitation,

replacement and removal projects pursuant to the act of December

8, 1982 (P.L.848, No.235), known as the Highway-Railroad and

Highway Bridge Capital Budget Act for 1982-1983, in accordance

with the following priorities:

(1) The first priority is to the Treasury Department

for deposit into the Capital Debt Fund for the payment of

debt service on general obligation bonds of the Commonwealth

which may be issued from time to time to fund any project

described in the Highway-Railroad and Highway Bridge Capital

Budget Act for 1982-1983.

(2) The second priority is to the Department of

Transportation in the event excess funds are available after

the annual debt service requirements have been satisfied

for:

(i) The non-Federal share of bridge rehabilitation,

replacement and removal projects on State-owned bridges

and bridges of undetermined ownership on State highways.

(ii) Grants to counties or municipalities to fund

up to 80% of the non-Federal share of bridge

rehabilitation, replacement and removal projects on

county-owned or municipal-owned bridges, and bridges of

undetermined ownership on county or municipal highways.

The balance of the costs for these bridge projects shall

be funded by the respective county or municipality or

by private funds.

§ 9621. Regulations.

The department shall from time to time promulgate such

regulations as may be necessary for the effective enforcement

of this chapter.

§ 9622. Reciprocal agreements.

(a) General rule.--The Secretary of Revenue may enter into,

modify or terminate agreements with other states relating to

the collection of motor carriers road taxes, such as the

International Fuel Tax Agreement, Regional Fuel Tax Agreement

or similar agreements.

(b) Provisions.--Such agreements may provide for the

cooperation and assistance among member states in the

administration, collection and enforcement of the motor carriers

road tax and similar taxes of other states and may include, but

not be limited to:

(1) Base-state jurisdiction over tax reporting,

licensing and collections.

(2) Auditing of motor carriers on a joint or cooperative

basis.

(3) Provisions for the transfer of funds collected to

other jurisdictions as required by the agreement.

(4) Assessment and collection by the base state of tax,

penalties and interest owed to other member jurisdictions.

(5) The exchange of information among member

jurisdictions and with any repository of the agreement.

(6) Enforcement of sanctions against any carrier whose

license has been revoked by any member jurisdiction.

(7) Filing of bonds to protect the interests of member

jurisdictions.

(8) Suspension or revocation of the license of a motor

carrier for failure to comply with all applicable provisions

of the agreement.

(9) Issuance of refunds or credits.

(10) Such other provisions as will facilitate the

administration of the agreement.

of the act of April 9, 1929 (P.L.343, No.176), known as The

Fiscal Code, any information relating to taxes collected

pursuant to any agreement authorized by this section, including

any information concerning motor fuel taxes relating to such

taxes collected, may be exchanged or shared with any agency,

department or instrumentality of any member jurisdiction with

authority under the laws of that jurisdiction to administer or

enforce motor vehicle or taxation laws or with any

instrumentality or repository of any agreement.

(d) Uniform penalties and interest.--Such agreement may

specify uniform provisions relating to penalties and interest

for late reporting or payment, appeal periods and other matters

relating to administration and procedure under the agreement,

and the uniform provisions may be adopted notwithstanding any

law to the contrary upon a finding by the secretary that

adoption of these uniform provisions is necessary for compliance

with any Federal mandates pertaining to the collection of road

use taxes or reasonably necessary to facilitate uniformity;

however, the rate of motor carriers road tax and the definition

of a "qualified motor vehicle" subject to tax may not be

affected by any such agreement or amendment thereto.

(e) Appropriation.--So much of the funds collected pursuant

to any such agreement, including, but not limited to, any taxes,

fees, penalties or interest imposed by this chapter, as shall

be necessary for the payment of refunds under this chapter or

any such agreement, including, but not limited to, any amounts

required to be paid to other states pursuant to such agreement,

are hereby appropriated to the Department of Revenue for such

purposes.

(f) Foreign countries.--For purposes of this section, the

words "state" and "jurisdiction" shall include a foreign country

and any state, province or other similar subdivision thereof.

(June 11, 1992, P.L.266, No.47, eff. 60 days; Dec. 20, 1995,

P.L.669, No.75, eff. imd.)

CHAPTER 97

DEPARTMENT OF TRANSPORTATION PRODUCTIVITY

Sec.

9701. Legislative oversight.

Enactment. Chapter 97 was added June 23, 1981, P.L.98,

No.35, effective immediately.

§ 9701. Legislative oversight.

(a) Findings.--The General Assembly hereby finds that

imposition of a tax on oil company revenues should provide the

Department of Transportation with an annual growth in revenues

which offsets the growth in highway maintenance and construction

costs more effectively than the annual changes in revenues

produced by the flat-rate tax on the retail price of gasoline

and by the various other taxes and fees levied on behalf of the

department. As a result of such a tax on oil company revenues,

the Department of Transportation should have sufficient revenues

to carry out necessary maintenance and construction activities

with less frequent increases in highway taxes and fees than the

General Assembly has enacted in recent years. One effect of

less frequent requests for highway tax and fee increases could

be a significant decrease in the ability of the General Assembly

to oversee the activities of the Department of Transportation.

Accordingly, the General Assembly finds that responsible

legislative oversight requires ongoing monitoring of the

department's activities and periodic indepth evaluations of its

performance.

(b) Annual reports.--No later than 30 days after the

effective date of this section, the department shall, upon

request, provide to any member of the House of Representatives

and to any member of the Senate a brief outline of the

maintenance and construction program planned for that member's

district during the 1981-1982 fiscal year. No later than 30

days before the beginning of the 1982-1983 fiscal year and each

subsequent fiscal year, the department shall, upon request,

provide to any member of the House of Representatives and to

any member of the Senate a brief outline of the maintenance and

construction program planned for that member's district during

the upcoming fiscal year. No later than 30 days after the end

of the 1981-1982 fiscal year and each subsequent fiscal year,

the department shall, upon request, provide to any member of

the House of Representatives and to any member of the Senate a

brief outline of the reasons for any major deviations from the

maintenance and construction program which had been planned for

that member's district during that fiscal year.

the Legislative Budget and Finance Committee shall conduct, or

cause to be conducted, a performance audit of the department

carried out in accordance with the standards for performance

and financial compliance auditing developed by the United States

General Accounting Office. The performance audit shall determine

whether the department is conducting authorized activities or

programs in a manner consistent with accomplishing the

objectives intended by the General Assembly and is conducting

programs or activities and expending available funds in a

faithful, efficient, economical and effective manner. The

Legislative Budget and Finance Committee shall make a written

report of the findings of the performance audit and shall submit

a copy of that report to each member of the House of

Representatives and each member of the Senate prior to enactment

of a maintenance and construction budget for the department for

the 1984-1985 fiscal year. During the 1989-1990 fiscal year and

every six years thereafter, the Legislative Budget and Finance

Committee shall conduct, or cause to be conducted, a performance

audit of the department similar to the performance audit

required by this subsection to be conducted during the 1983-1984

fiscal year.

CHAPTER 98

MOTORBUS ROAD TAX CREDIT OR REFUND

Sec.

9801. Short title of chapter (Repealed).

9802. Definitions.

9803. Imposition of tax (Repealed).

9804. Exemptions (Repealed).

9805. Bus company reimbursement for motor fuel tax.

9806. Tax due date (Repealed).

9807. Tax revenue to Motor License Fund (Repealed).

9808. Calculation of amount of fuel used in Commonwealth

(Repealed).

9809. Report requirements (Repealed).

9810. Identification markers required (Repealed).

9811. Average consumption (Repealed).

9812. Records (Repealed).

9813. Penalty and interest for failure to report or pay tax

(Repealed).

9814. Time for payment of taxes, penalties and interest

(Repealed).

9815. Manner of payment and recovery of taxes, penalties and

interest (Repealed).

9816. Determination, redetermination and review (Repealed).

9817. Timely mailing treated as timely filing and payment

(Repealed).

9818. Availability of records of other agencies (Repealed).

9819. False statements and penalties (Repealed).

9820. Special investigators; powers (Repealed).

9821. Regulations (Repealed).

Enactment. Chapter 98 was added June 11, 1992, P.L.266,

No.47, effective in 60 days.

Chapter Heading. The heading of Chapter 98 was amended

December 20, 1995, P.L.669, No.75, effective January 1, 1996.

§ 9801. Short title of chapter (Repealed).

1995 Repeal. Section 9801 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9802. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless

the context clearly indicates otherwise:

"Bus company." Every person who operates or causes to be

operated any motorbus on any highway in this Commonwealth.

"Department." The Department of Revenue of the Commonwealth.

"Highway." The Pennsylvania Turnpike and every way or place,

of whatever nature, open to the use of the public as a matter

of right for purposes of vehicular travel. The term does not

include a roadway or driveway upon grounds owned by private

persons, colleges, universities or other institutions.

"Motor fuel." Includes "fuels" as defined in the act of

January 14, 1952 (1951 P.L.1965, No.550), known as the Fuel Use

Tax Act, and "liquid fuels" as defined in the act of May 21,

1931 (P.L.149, No.105), known as The Liquid Fuels Tax Act.

"Motorbus." A qualified motor vehicle under section 9602

(relating to definitions) with a seating capacity of 20 or more

passengers, excluding the driver, except a school bus.

"Operations." Operations of all motorbuses, whether loaded

or empty, whether for compensation or not for compensation and

whether owned by or leased to the bus company which operates

them or causes them to be operated.

"Qualified motor vehicle." A qualified motor vehicle as

defined in section 9602 (relating to definitions).

"Secretary." The Secretary of Revenue of the Commonwealth.

(Dec. 20, 1995, P.L.669, No.75, eff. Jan. 1, 1996)

1995 Amendment. Act 75 amended the def. of "motorbus" and

added the def. of "qualified motor vehicle."

References in Text. The act of May 21, 1931 (P.L.149,

No.105), known as The Liquid Fuels Tax Act, and the act of

January 14, 1952 (1951 P.L.1965, No.550), known as the Fuel Use

Tax Act, referred to in the def. of "motor fuel," were repealed

by the act of April 17, 1997 (P.L.6, No.3). The subject matter

is now contained in Chapter 90 of this title.

§ 9803. Imposition of tax (Repealed).

1995 Repeal. Section 9803 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9804. Exemptions (Repealed).

1995 Repeal. Section 9804 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9805. Bus company reimbursement for motor fuel tax.

Every bus company shall be reimbursed in an amount determined

by the department to be equivalent to the additional tax imposed

by section 9502(a)(4) (relating to imposition of tax) and paid

directly or indirectly by the bus company on fuel consumed by

the bus company in its operations of motorbuses within this

Commonwealth. The bus company must, under regulations of the

department, submit an application for reimbursement to the

department on or before the last day of the month immediately

following the close of each quarter. The reimbursements

authorized by this section shall not include nor be subject to

the payment of interest by the Commonwealth.

(Dec. 20, 1995, P.L.669, No.75, eff. Jan. 1, 1996; Dec. 21,

1998, P.L.1126, No.151, eff. Jan. 1, 1999)

§ 9806. Tax due date (Repealed).

1995 Repeal. Section 9806 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9807. Tax revenue to Motor License Fund (Repealed).

1995 Repeal. Section 9807 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9808. Calculation of amount of fuel used in Commonwealth

(Repealed).

1995 Repeal. Section 9808 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9809. Report requirements (Repealed).

1995 Repeal. Section 9809 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9810. Identification markers required (Repealed).

1995 Repeal. Section 9810 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9811. Average consumption (Repealed).

1995 Repeal. Section 9811 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9812. Records (Repealed).

1995 Repeal. Section 9812 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9813. Penalty and interest for failure to report or pay tax

(Repealed).

1995 Repeal. Section 9813 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9814. Time for payment of taxes, penalties and interest

(Repealed).

1995 Repeal. Section 9814 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9815. Manner of payment and recovery of taxes, penalties and

interest (Repealed).

1995 Repeal. Section 9815 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9816. Determination, redetermination and review (Repealed).

1995 Repeal. Section 9816 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9817. Timely mailing treated as timely filing and payment

(Repealed).

1995 Repeal. Section 9817 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9818. Availability of records of other agencies (Repealed).

1995 Repeal. Section 9818 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9819. False statements and penalties (Repealed).

1995 Repeal. Section 9819 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9820. Special investigators; powers (Repealed).

1995 Repeal. Section 9820 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

§ 9821. Regulations (Repealed).

1995 Repeal. Section 9821 was repealed December 20, 1995,

P.L.669, No.75, effective January 1, 1996.

CHAPTER 99

TAX TREATMENT OF CERTAIN ORGANIZATIONS

Sec.

9901. Corporate tax treatment of certain corporations

(Repealed).

Enactment. Chapter 99 was added December 21, 1998, P.L.1126,

No.151, effective in 60 days unless otherwise noted.

Prior Provisions. Former Chapter 99, which related to axle

tax for highway bridge improvement, was added December 8, 1982,

P.L.842, No.234, and repealed July 13, 1987, P.L.303, No.56,

effective immediately and retroactive to July 1, 1987.

§ 9901. Corporate tax treatment of certain corporations

(Repealed).

1999 Repeal. Section 9901 was repealed May 12, 1999, P.L.26,

No.4, effective immediately.

APPENDIX TO TITLE 75

VEHICLES

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Supplementary Provisions of Amendatory Statutes

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1976, JUNE 17, P.L.162, NO.81

§ 2. Transition provisions.

(a) Suspensions.--All suspensions ordered by the Secretary

of Transportation under former section 618(b)(2) of the act of

April 29, 1959 (P.L.58, No.32), known as "The Vehicle Code,"

are rescinded as of the effective date of the point system as

set forth in section 8 of this act and the secretary shall not

order any further suspensions under former section 618(b)(2)

for violations committed prior to such effective date.

(b) Points.--All points assigned to the records of licensed

persons under former section 619.1 of "The Vehicle Code" shall

be deleted from the records of the licensees and thereafter may

not be used as a basis for suspension of operating privileges

and no points shall be added to the records of any licensees

on account of any violations committed prior to the effective

date of the point system as set forth in section 8 of this act.

return the licenses of all drivers who are serving suspensions

under former sections 618(b)(2) or 619.1 of "The Vehicle Code."

Such drivers shall not drive until they have received their

licenses.

(d) Purge of records.--

(1) All suspensions and convictions under former

sections 618(b)(2) and 619.1 of "The Vehicle Code" which

occurred prior to July 1, 1973, shall be purged from the

records of licensees on June 30, 1976.

(2) All other suspensions and convictions under former

sections 618(b)(2) and 619.1 of "The Vehicle Code" shall be

purged from the records of licensees on June 30, 1979.

(3) No suspensions and convictions under former sections

618(b)(2) and 619.1 of "The Vehicle Code" shall constitute

prior suspensions for the purpose of determining the length

of suspensions under 75 Pa.C.S. § 1539 (relating to

suspension of operating privilege on accumulation of points).

(e) Implementing regulations.--Immediately upon the final

enactment of this act, the Department of Transportation shall

promulgate regulations to implement the provisions of 75 Pa.C.S.

§§ 1535 (relating to schedule of convictions and points) through

1539 (relating to suspension of operating privilege on

accumulation of points) by assigning points as prescribed in

75 Pa.C.S. § 1535(a) for similar violations occurring prior to

the effective date of this act under the act of April 29, 1959

(P.L.58, No.32), known as "The Vehicle Code." The regulations

may be promulgated without compliance with statutory

requirements relating to notice of proposed rule making and

public hearings, may be made effective immediately upon

publication in the Pennsylvania Bulletin and may be made

retroactive to the date of final enactment of this act.

(f) Staggered registration renewal system.--The system of

staggered registration renewal provided for in 75 Pa.C.S. §

1307 (relating to period of registration) as added by this act

shall be implemented no later than July 1, 1978, in coordination

with the expiration of registration periods for various types

of vehicles under existing law.

(g) Colored photo on driver's license.--The requirement for

a color photograph on a driver's license provided for in 75

Pa.C.S. § 1510 (relating to issuance and content of driver's

license) as added by this act shall be implemented no later

than July 1, 1978.

(h) Exemption of existing drivers from examination.--At the

time of the first renewal following the effective date of this

act, a driver holding a valid driver's license issued by the

department may have the renewed driver's license endorsed with

one or more classes of vehicles based on experience in driving

the classes of vehicles without undergoing an examination.

§ 3. Fines and penalties under Vehicle Code of 1959 (Expired).

1977 Expiration. Section 3 expired July 1, 1977. See Act

81 of 1976.

§ 4. Saving provision.

The provisions of Title 75 of the Pennsylvania Consolidated

Statutes as added by this act shall not affect any act done,

liability incurred, or right accrued or vested, or affect any

suit or prosecution pending or to be instituted to enforce any

right or penalty, or punish any offense, under the authority

of any statute repealed by this act.

§ 5. Severability.

If any provision of this act or the application thereof to

any person or circumstances is held invalid, such invalidity

shall not affect other provisions or applications of the act

which can be given effect without the invalid provision or

application, and to this end the provisions of this act are

declared to be severable.

§ 6. Applicability of Statutory Construction Act.

The provisions of 1 Pa.C.S. §§ 1952 (relating to effect of

separate amendments on code provisions enacted by same General

Assembly) and 1974 (relating to effect of separate repeals on

code provisions by same General Assembly) shall not be

applicable to any provisions of Title 75 of the Pennsylvania

Consolidated Statutes as added by this act or any act repealed

by this act.

§ 8. Effective date.

(a) General rule.--Except as otherwise provided in this

section, this act shall take effect July 1, 1977.

(b) Point system.--Sections 1535 (relating to schedule of

convictions and points) through 1539 (relating to suspension

of operating privilege on accumulation of points) and sections

1541 (relating to period of revocation or suspension of

operating privilege) through 1545 (relating to restoration of

operating privilege) of Title 75 as added by this act shall

take effect immediately.

to removal of vehicle by or at direction of police) as added

by this act shall take effect immediately.

(d) Tire studs.--Section 4525(c) of Title 75 (relating to

tire studs) as added by this act shall take effect May 1, 1978.

(e) Sale, publication and disclosure of records.--Section

6114 of Title 75 (relating to limitation on sale, publication

and disclosure of records) as added by this act shall take

effect immediately.

(f) Fines and penalties under Vehicle Code of 1959.--Section

3 of this act shall take effect July 1, 1976, or immediately,

whichever is later.

(g) Miscellaneous provisions.--

(1) Sections 1504(d)(6) (relating to number and

description of classes) insofar as a Class 6 license is

required for the operation of motorized pedalcycles, 3525(b)

(relating to protective equipment for motorcycle riders)

insofar as pedalcycle operators are required to wear eye

protection devices and 4571(b)(2) (relating to police and

fire vehicles), Chapters 13 (relating to registration of

vehicles), 41 (relating to equipment standards), 43 (relating

to lighting equipment) and 45 (relating to other required

equipment) insofar as said chapters relate to special mobile

equipment and any trailer to be used exclusively for

construction operation and any incidentally operated on the

highway as determined by the department, shall take effect

on January 1, 1980.

(2) Section 1307(a) (relating to staggered renewal

system to be established) and section 1510 (relating to

issuance and content of driver's license) insofar as a color

photograph is required on a driver's license, shall take

effect January 1, 1980.

(3) The enforcement of Chapter 47 (relating to

inspection of vehicles) insofar as the inspection of

motorized pedalcycles and trailers with a gross weight of

3,000 pounds or less is required is suspended until such

time as the General Assembly by law revises said provisions

and repeals the suspension herein imposed.

(Apr. 6, 1979, P.L.2, No.2, eff. imd.; July 5, 1979, P.L.83,

No.33, eff. imd.)

1979 Amendments. Act 2 added subsec. (g), retroactive to

July 1, 1977, and Act 33 amended subsec. (g)(1), retroactive

to July 1, 1977.

1982, MAY 26, P.L.435, NO.129

§ 10. Implementation of annual inspection program.

(a) Time limit for initial inspection.--All vehicles subject

to annual inspection pursuant to section 4702 (relating to

requirement for periodic inspection of vehicles) shall be

inspected at least once in the 12 months immediately following

the first day of the month following enactment.

(b) Varied inspection interval.--During the initial phase-in

of the annual inspection program all vehicles shall be subject

to a varied inspection interval not to exceed 15 months.

Explanatory Note. Act 129 amended or added sections 1306,

1307, 1309, 1373, 1958, 4702, 4702.1, 4703, 4726, 4727 and 4729

of Title 75.

§ 11. Promulgation of regulations on inspections.

(a) General rule.--The Department of Transportation shall

promulgate regulations which will initiate the implementation

of this act no later than one year after enactment.

(b) Status of existing regulations.--The regulations of the

department currently in effect relating to inspections shall

continue to be effective until such time as new regulations are

adopted to supersede such regulations.

§ 12. Automobile emission program.

Nothing in this amendatory act shall be construed as

requiring an automobile emission program.

1983, MAY 4, P.L.4, NO.3

§ 2. When vehicle emission inspection program not required.

Whenever any geographical area where periodic inspection of

emissions or emission systems of motor vehicles is required

under 75 Pa.C.S. § 4706 (relating to prohibition on expenditures

for emission inspection program) comes into compliance with the

State implementation plan under the Federal Clean Air Act, the

implementation of a vehicle emission inspection program shall

not be required in that geographical area, nor shall any vehicle

emission inspection program as authorized under section 4706

be established or administered in any county of the fifth,

sixth, seventh or eighth class or any other area for which such

program is not required under the State implementation plan or

revisions thereto approved by the Environmental Protection

Agency under the Federal Clean Air Act.

Explanatory Note. Act 3 added sections 4706 and 4707 of

Title 75.

§ 3. Creation and maintenance of monitoring program.

The Secretary of Transportation and the Secretary of

Environmental Resources shall create and maintain a program for

the purpose of monitoring and assessing, on behalf of the

citizens of the Commonwealth, the implementation of the vehicle

emission program as called for by 42 U.S.C. § 1857 et seq. and

any amendments thereto and any regulations, guidelines and court

orders promulgated under the authority of this Federal act, for

the purpose of determining the adequacy, effectiveness and

relative accuracy of existing or proposed technologies and

methodologies intended to measure or analyze air quality for

the purpose of determining levels of attainment or nonattainment

with the Federal law, and when appropriate, shall seek relief

in part or in whole from the requirement to continue to

implement vehicle emissions inspection. The Secretary of

Transportation and the Secretary of Environmental Resources

will report to the General Assembly on this matter at least

once a year by December 15 of each year.

§ 4. Performance bond exemption for small highway construction

contracts.

No bond shall be required pursuant to the act of December

20, 1967 (P.L.869, No.385), known as the Public Works

Contractors' Bond Law of 1967, or any other law for contracts

in an amount of $25,000 or less between a prime contractor and

the Department of Transportation for construction,

reconstruction, alteration, repair or maintenance of highways.

§ 5. Severability.

If any provision of this amendatory act or the application

thereof to any person or circumstances is held invalid by a

court of competent jurisdiction or disapproved by a court of

the United States, such invalidity or disapproval shall not

affect other provisions or applications of the act which can

be given effect without the invalid or disapproved provision

or application, and to this end the provisions of this act are

declared to be severable.

§ 6. Repeals.

* * *

(b) Rescission of existing regulations.--Any regulations

issued by the department heretofore relating to motor vehicle

emission inspections which are inconsistent with the provisions

of this act or any order of a court of the United States are

hereby rescinded to the extent of the inconsistency.

§ 7. Effective date.

This act shall take effect immediately except that the

provisions of 75 Pa.C.S. § 4706(c) (relating to certificate of

emission inspection) shall take effect upon the certification

of the Secretary of Transportation that the provisions of

section 4706(c) have been approved or have not been disapproved

by the Environmental Protection Agency of the United States or

the courts of the United States, and except that the provisions

of 75 Pa.C.S. § 4706(d) (relating to charge for inspection)

shall take effect upon the certification of the Secretary of

Transportation that the provisions of section 4706(d) have been

approved or have not been disapproved by the courts of the

United States.

1983, JULY 7, P.L.32, NO.19

§ 7. Expiration of amendments authorizing two trailers and

long combinations.

The provisions of sections 1, 3, 4, 5 and 6 insofar as it

relates to section 4923 of this amendatory act shall be

effective only as long as Federal law or the Federal Highway

Administration shall require this Commonwealth to allow

combinations consisting of a truck tractor and two trailers and

combinations in excess of 60 feet in length to be driven on its

highways. Notice of a change in the Federal mandate shall be

published in the Pennsylvania Bulletin by the Secretary of

Transportation and the provisions of this act shall be void 30

days thereafter.

Explanatory Note. Sections 1, 3, 4, 5 and 6, insofar as

section 6 relates to section 4923, of Act 19 added or amended

sections 102, 4904, 4908, 4921 and 4923 of Title 75.

§ 8. Performance bond exemption for small highway construction

contracts.

No bond shall be required pursuant to the act of December

20, 1967 (P.L.869, No.385), known as the Public Works

Contractors' Bond Law of 1967, or any other law for contracts

in an amount of $25,000 or less between a prime contractor and

the Department of Transportation for construction,

reconstruction, alteration, repair or maintenance of highways.

1983, NOVEMBER 1, P.L.195, NO.53

Preamble

Recognizing that child passenger restraint systems decrease

injuries due to motor vehicle accidents, it is the intent of

the General Assembly that use of child passenger restraint

systems by Commonwealth motorists be encouraged.

Explanatory Note. Act 53 added Subchapter E of Chapter 45

of Title 75.

1984, FEBRUARY 12, P.L.26, NO.11

§ 6. References to Pennsylvania No-Fault Motor Vehicle

Insurance Act.

A reference in a statute to the act of July 19, 1974

(P.L.489, No.176), known as the Pennsylvania No-fault Motor

Vehicle Insurance Act, shall be deemed a reference to 75 Pa.C.S.

Ch. 17 (relating to financial responsibility).

Explanatory Note. Act 11 amended sections 102, 1117(a),

1305(a), 1306, 1309 and 1373, repealed and added Chapter 17 and

amended sections 3744(a), 3745 and 6308(a) of Title 75.

§ 7. Severability.

(a) General rule.--Except as provided in subsection (b),

the provisions of this act are severable. If any provision of

this act or its application to any person or circumstance is

held invalid, the invalidity shall not affect other provisions

or applications of this act which can be given effect without

the invalid provision or application.

(b) Nonseverability.--The provisions of 75 Pa.C.S. Ch. 17,

Subch. F (relating to Catastrophic Loss Trust Fund) are

nonseverable. If any provision of that subchapter or its

application to any person or circumstances is held invalid, the

remaining provisions or applications of that subchapter are

void.

§ 9. Applicability.

This act applies to insurance policies issued or renewed on

or after the effective date of this act.

1984, FEBRUARY 12, P.L.53, NO.12

§ 8. Competitive ratemaking required (Expired).

1985 Expiration. Section 8 expired October 1, 1985. See Act

12 of 1984.

Explanatory Note. Act 12 amended or added sections 102,

1547, 1702, 1711, 1712, 1713, 1715, 1717, 1718, 1719, 1720,

1721, 1722, 1723, 1731, 1752, 1753, 1754, 1755, 1756, 1757,

1761, 1762, 1763, 1764, 1765, 1766, 1774, 1782, 1784, 1785,

1787, 1791, 1792, 1794, 1795, 1796, 1797, 1798, 2105, 3731,

3755 and 9910 of Title 75.

§ 9. Savings provision.

Notwithstanding the repeal of the act of July 19, 1974

(P.L.489, No.176), known as the Pennsylvania No-fault Motor

Vehicle Insurance Act, the requirement to fund the payment of

assigned claims under section 108 of that act remains

unaffected.

§ 11. Applicability.

This act applies to insurance policies issued or renewed on

or after the effective date of this act.

1984, JUNE 30, P.L.473, NO.99

§ 5. Status of existing rules and regulations.

All rules and regulations promulgated by the Hazardous

Substance Transportation Board heretofore shall remain in full

force and effect until amended or repealed by the Secretary of

Transportation.

Explanatory Note. Act 99 amended or added sections 102,

3731, 4522 and 6113 and Chapter 83 of Title 75.

1987, JULY 13, P.L.303, NO.56

§ 4. Display of identification markers.

Motor carrier vehicles registered in this Commonwealth are

required to display the identification marker as provided by

75 Pa.C.S. § 2102 (relating to identification markers required),

but this requirement shall not be enforced until 90 days after

the effective date of this act.

Explanatory Note. Act 56 amended sections 1916, 2101, 2102,

2103, 2104, 2105, 3703 and 9502, added Chapter 96 and repealed

Chapter 99 of Title 75.

§ 5. Continuation of prior tax.

Except for the additional tax of 6¢ per gallon imposed under

75 Pa.C.S. § 9603 (relating to imposition of tax), the tax

imposed under 75 Pa.C.S. Ch. 96 (relating to motor carriers

road tax) is a continuation of the tax imposed under the act

of June 19, 1964 (P.L.7, No.1), known as the Motor Carriers

Road Tax Act.

§ 7. Applicability.

This act shall apply to the tax quarter beginning July 1,

1987, and all quarters thereafter.

§ 8. Retroactivity.

This act shall be retroactive to July 1, 1987, if enacted

after that date.

1987, NOVEMBER 23, P.L.399, NO.82

§ 8. Compatibility with Federal safety standards.

It is the policy of this Commonwealth that enactment of the

mandatory safety seat belt system usage provision contained in

75 Pa.C.S. § 4581 (relating to restraint systems) is intended

to be compatible with support for Federal safety standards

requiring automatic crash protection and shall not be used in

any manner to rescind Federal automatic crash protection system

requirements. The provisions of 75 Pa.C.S. § 4581(a)(2) shall

become inoperative immediately upon the date that the Secretary

of the United States Department of Transportation, or his or

her delegate, determines to rescind the portion of the Federal

Motor Vehicle Safety Standard 208 (49 C.F.R. § 571.208), which

requires the installation of automatic restraints in new private

passenger motor vehicles; provided, however, that section

4581(a)(2) shall not become inoperative if the secretary's

decision to rescind Standard 208 is not based in any respect

on the enactment or continued operation of section 4581(a)(2).

Explanatory Note. Act 82 amended or added sections 102,

1344, 1543, 1548, 1549, 4303, 4581, 4586 and 4924 of Title 75.

§ 9. Seat belt educational program.

The department shall initiate an educational program to begin

immediately, to alert the public to the provisions of this act

and the requirements and penalties specified in this act. The

program shall also encourage the use of safety seat belt systems

as a means of reducing the risk of harm to their users as well

as to others. The department shall submit to the General

Assembly a report on the effects of 75 Pa.C.S. § 4581(a)(2)

(relating to restraint systems) by August 31, 1989.

§ 10. Seat belt oral hazard warnings.

For a period of 120 days after enactment, oral hazard

warnings shall be given by the Pennsylvania State Police or

local enforcement officers to motor vehicle drivers and front

seat passengers who are not wearing safety seat belts as

required by 75 Pa.C.S. § 4581 (relating to restraint systems),

but no citation shall be issued for such violation during said

120-day period.

1989, JULY 1, P.L.115, NO.24

§ 5. Transfer of Catastrophic Loss Trust Fund moneys.

All funds in the Catastrophic Loss Trust Fund repealed by

the act of December 12, 1988 (P.L.1120, No.144), entitled "An

act amending Title 75 (Vehicles) of the Pennsylvania

Consolidated Statutes, abolishing the Catastrophic Loss Trust

Fund," are hereby transferred to the Catastrophic Loss Benefits

Continuation Fund created by this act.

Explanatory Note. Act 24 amended or added sections 1798.2,

1798.4, 1945, 4962 and 6506 of Title 75.

§ 6. Certification by Insurance Commissioner.

When the amount of money in the Catastrophic Loss Benefits

Continuation Fund is sufficient to cover the unfunded liability

of the Catastrophic Loss Trust Fund existing on December 31,

1991, the Insurance Commissioner shall certify that fact and

publish the certification in the Pennsylvania Bulletin.

§ 7. Reports to General Assembly.

The Insurance Commissioner shall submit to the General

Assembly, by January 31 of each year, a report on the status

of the Catastrophic Loss Benefits Continuation Fund and the

unfunded liability of the Catastrophic Loss Trust Fund.

1990, FEBRUARY 7, P.L.11, NO.6

§ 28. Promulgation of regulations.

The Insurance Department and the Department of Transportation

shall promulgate regulations to the extent necessary to carry

out the provisions of this act.

Explanatory Note. Act 6 amended, added or repealed sections

911 and 4117 of Title 18; sections 8355 and Subchapter G of

Chapter 83 of Title 42; and sections 1305, 1306, 1318, 1376 and

1540, 1702, 1705, 1711, 1712, 1715, 1718, 1720, 1722, 1731,

1732, 1733, 1734, 1737, 1738, 1742, 1753, 1781, 1782, 1786,

1791, 1791.1, 1792, 1797, 1799, 1799.1, 1799.2, 1799.3, 1799.4,

1799.5, 1799.6 and 1799.7, Chapter 18, section 1960, Chapter

20 and sections 3731.1, 4703, 4727, 6104 and 6308.1 of Title

75.

§ 29. Insurance policy requirements in cities of first class.

The Joint State Government Commission shall, in relation to

motorists in cities of the first class, make a study to assess

the feasibility and impact of mandating that, upon application

for or renewal of an operator's license, a driver remit moneys

for the purchase of a basic automobile insurance policy. This

policy would provide minimum levels of mandated coverages for

bodily injury and property damage liability and for medical

benefits. The assessment shall also include an analysis of the

administrative cost and premium cost to the individual.

§ 30. Single carrier vehicle insurance program in cities of

first class.

(a) Study.--The Insurance Department shall commence a study

of the use of a single carrier for private passenger motor

vehicle insurance in cities of the first class. The term "single

carrier" includes a private insurance company or a public

authority or agency specifically created for the implementation

of this section. Upon completion, the study shall be delivered

to the Majority and Minority Leaders of the Senate and the House

of Representatives. The study shall include, at a minimum, the

following components:

(1) An assessment of the number of uninsured vehicles

in cities of the first class.

(2) An assessment of the number of insured vehicles in

cities of the first class.

(3) An analysis of sources of private passenger motor

vehicle insurance, by company, for vehicles in cities of the

first class. The analysis shall include a determination of

the number of vehicles insured in cities of the first class

in both the voluntary market and the Assigned Risk Plan by

each insurance carrier licensed to provide private passenger

motor vehicle insurance in this Commonwealth.

(4) An analysis of the costs to motorists to insure a

vehicle in cities of the first class in the voluntary market

and through the Assigned Risk Plan.

(5) An assessment of the impact of "take-out" provisions

on the voluntary market place in cities of the first class.

(6) A determination as to the number of lawsuits filed

for bodily injury claims; the amount and type of damages

requested in such lawsuits; the percentage of claims settled

before court and the amount of settlement; the percentage

of lawsuits decided by the court and the amount of damages

awarded; and the fees charged by lawyers for representing

claims.

(7) An assessment of the frequency, type and amount of

physical damage claims and first party medical payments.

(8) A determination as to whether the use of a single

carrier in cities of the first class would have a positive

financial impact on all motorists in such cities and in this

Commonwealth. Such determination shall include an analysis

of the use of a public authority or agency as the single

carrier and of its potential for providing lower rates when

compared to use of a private insurance company as a single

carrier. In addition, the determination shall include an

analysis of the single carrier program when voluntary

participation in the program is permitted in comparison to

the benefits of mandatory participation.

(9) A legal opinion as to whether the use of a single

carrier in cities of the first class is permissible under

the Constitution and laws of the Commonwealth.

(b) Cooperation by insurance companies.--Insurance companies

licensed in this Commonwealth to write policies of private

passenger motor vehicle insurance coverage shall cooperate with

the Insurance Department study as described in subsection (a).

Cooperation shall include, but not be limited to, the provision

of information by insurance companies within reasonable time

frames as requested by the department, if the information is

available, to be used to address the various components of the

study described in subsection (a). Such information may be used

by the department only for purposes of this study.

Commissioner concludes after the completion of the study that

a single carrier in cities of the first class will improve the

availability and affordability of private passenger motor

vehicle insurance in such cities and in this Commonwealth, the

Insurance Department may recommend implementing legislation to

the General Assembly. If the General Assembly enacts legislation

to implement a Single Carrier Insurance Program, the department

shall publish a request for proposals to operate the program.

The request for proposal process shall include a procedure for

the prequalification of bidders based on financial ability to

administer the program. Any contract signed by the department

must include the following provisions:

(1) Participation in the program is voluntary by

motorists living in cities of the first class unless

legislation has been enacted subsequent to this act

specifically providing for mandatory participation.

(2) All drivers, except those determined to be

ineligible as defined in subsection (d), shall be afforded

the opportunity to purchase private passenger motor vehicle

insurance coverage through the program.

(3) Preferred provider arrangements or a fee schedule

may be developed in the program with service providers for

medical benefits; such arrangements shall be accessible to

the insureds.

(4) For physical damage repair or replacement, the

program may provide for a fee schedule or other method to

contain costs, as well as a minimum deductible higher than

that provided for in 75 Pa.C.S. Ch. 17 (relating to financial

responsibility), but in no case may the minimum deductible

be greater than $1,000.

(5) Antifraud mechanisms may be established, including

the inspection of physical damage claims, investigation of

suspicious claims and case management for selected medical

services.

(6) A cancellation clause permitting the single carrier

to cancel the contract should enrollment in the program be

inadequate.

(7) Rates charged in the program shall be lower than

rates available in the voluntary market and shall be included

in the contract and shall be valid for a period of not less

than two years. Rate increases after this period shall be

subject to approval as provided in the act of June 11, 1947

(P.L.538, No.246), known as The Casualty and Surety Rate

Regulatory Act.

(d) Definition of "ineligible driver".--For purposes of

subsection (c), the term "ineligible driver" shall mean a person

who meets at least one of the following criteria:

(1) The person has, within five years of the date of

application for insurance, been convicted of a violation of:

(i) 75 Pa.C.S. § 3731 (relating to driving under

the influence of alcohol or a controlled substance);

(ii) 18 Pa.C.S. § 4117 (relating to motor vehicle

insurance fraud); or

(iii) any felony involving the use of a motor

vehicle.

(2) The person has previously been insured under a motor

vehicle insurance policy and has made more than one claim

under an insurance policy, within 36 months of the date of

application for insurance under this section, arising out

of an accident where the insured was found to be

substantially at fault, that is, more than 50%, and where a

payment was made by the insurer that exceeded 50% of the

annual premium for the policy of insurance.

(3) The person's operating privilege has been suspended

or revoked within the preceding 36-month period.

(4) The person's driving record shows six or more points

assessed under 75 Pa.C.S. § 1535 (relating to schedule of

convictions and points) for violations that occurred within

36 months of the date of application for insurance under

this section.

(e) Protection of insureds.--Insureds covered by the single

carrier shall be afforded all protections relating to policy

cancellations, nonrenewals and refusals to write, as provided

by law.

1990, MARCH 13, P.L.69, NO.14

§ 6. Construction of act.

This act shall be construed in pari materia with the act of

July 7, 1980 (P.L.380, No.97), known as the Solid Waste

Management Act, the act of July 28, 1988 (P.L.556, No.101),

known as the Municipal Waste Planning, Recycling and Waste

Reduction Act, the act of July 13, 1988 (P.L.525, No.93),

referred to as the Infectious and Chemotherapeutic Waste Law,

and the act of October 18, 1988 (P.L.756, No.108), known as the

Hazardous Sites Cleanup Act. Nothing in this act shall be

construed to repeal the provisions of those acts or the

regulations promulgated thereunder.

Explanatory Note. Act 14 amended or added sections 102,

4552, 4571, 4903 and 4909 of Title 75.

1990, MAY 30, P.L.173, NO.42

§ 20. Transition to commercial drivers' licenses.

(a) Redesignation of Class 2, 3 or 4 drivers' licenses.--For

purposes of 75 Pa.C.S. § 1606(a) (relating to requirement for

commercial driver's license), a driver with a valid driver's

license endorsed with Class 2, 3 or 4 shall be considered a

commercial driver until such time as established by regulation.

(b) Class 2, 3 or 4 learner's permit examinations.--The

Department of Transportation shall require applicants with valid

Class 2, 3 or 4 learners' permits issued prior to the effective

date of this act to take the examinations required by this act.

1992.--The department shall send to a driver holding a valid

Class 2, 3 or 4 license issued by the department which expires

before April 1, 1992, an application for a commercial driver's

license with his license renewal so that he may obtain a

commercial driver's license under this act upon successfully

meeting the requirements of 75 Pa.C.S. § 1607 (relating to

commercial driver's license qualification standards) and payment

of the required fees. A driver with a valid Class 3 license

issued by the department shall be eligible to make application

for a Class A, B or C commercial driver's license. Except as

provided elsewhere in this section, a driver with a valid Class

2 or 4 license issued by the department shall be eligible to

make application for a Class B or C commercial driver's license.

If a driver has not passed the commercial driver's license test

by the date established by the department, his Class 2, 3 or 4

license shall be valid only as a Class C noncommercial license

as defined in 75 Pa.C.S. § 1504(d)(3) (relating to classes of

licenses).

(d) Class 2, 3 or 4 licenses expiring after April 1,

1992.--The department shall send to a driver holding a valid

Class 2, 3 or 4 driver's license issued by the department which

expires after April 1, 1992, an application for a commercial

driver's license which shall indicate that his Class 2, 3 or 4

license shall expire on a date established by the department.

A driver with a valid Class 3 license issued by the department

shall be eligible to make application for a Class A, B or C

commercial driver's license. A driver with a valid Class 2 or

4 license issued by the department shall be eligible to make

application for a Class B or C commercial driver's license.

Except as provided elsewhere in this section, if a driver has

not passed the commercial driver's license test by the date

established by the department, his Class 2, 3 or 4 license shall

be valid only as a Class C noncommercial license as defined in

75 Pa.C.S. § 1504(d)(3). Upon meeting the requirements of 75

Pa.C.S. § 1607 and payment of the appropriate fees, the driver

shall be issued a commercial driver's license.

(e) Failure to pass driving skills test.--A driver with a

valid Class 2, 3 or 4 license issued by the department, who

fails three times, or does not pass by the date established by

the department, the driving skills tests required for a

commercial driver's license under 75 Pa.C.S. § 1607, must make

an application for a commercial learner's permit in order to

obtain a commercial driver's license; and the Class 2, 3 or 4

license shall be valid only as a Class C noncommercial license

as defined in 75 Pa.C.S. § 1504(d)(3).

(f) Failure to pass knowledge test.--A driver with a valid

Class 2, 3 or 4 license issued by the department who is not

required by the department to take, or passes by the date

established by the department, the driving skills test required

for a commercial driver's license under 75 Pa.C.S. § 1607 and

who has taken the knowledge tests under 75 Pa.C.S. § 1607 three

times but for the third time fails to pass the knowledge tests

by the date established by the department shall be permitted

to extend the opportunity to take the commercial driver's

license knowledge tests for additional testing periods of 120

days or until March 31, 1992, whichever occurs first, upon

payment of a $15 test extension fee for each additional

extension. The driver's Class 2, 3 or 4 license shall remain

valid for the test-extension period. If the driver fails to

request an extension under this subsection or fails to pass the

knowledge test by March 31, 1992, the Class 2, 3 or 4 license

shall be valid only as a Class C noncommercial license as

defined in 75 Pa.C.S. § 1504(d)(3).

(g) Redesignation of Class 1 drivers' licenses.--A driver

holding a valid Class 1 driver's license issued by the

department which expires after November 1, 1990, shall be

considered to be a Class C noncommercial driver until expiration

of the license.

(h) Redesignation of Class 5 and 6 drivers' licenses.--A

driver holding a valid Class 5 or 6 driver's license issued by

the department which expires after November 1, 1990, shall be

considered to be a Class M driver until the expiration of the

license.

(i) Waiver of school bus driver recertification test.--The

department shall waive the school bus driver recertification

driving test required by department regulations until December

31, 1992.

(j) Expiration of limitation to one knowledge test.--The

limitation to one knowledge test for each class and for each

endorsement for driving a commercial motor vehicle, contained

in section 8 (section 1607(a)(1)) shall expire on April 1, 1992.

Explanatory Note. Act 42 added, amended or repealed sections

102, 1103, 1340, 1501, 1502, 1504, 1509, 1510, 1511, 1532, 1535,

1540, 1547, 1550, 1553, 1571, 1573 and 1575, Chapter 16 and

sections 1917, 1925.1, 2102, 2103, 3714, 3716, 3731, 3731.1,

3736, 6146, 6323 and 6501 of Title 75.

§ 21. Refusal to operate unsafe commercial motor vehicles

(Repealed).

1990 Repeal. Section 21 was repealed July 10, 1990, P.L.356,

No.83, effective in 60 days.

1992, DECEMBER 16, P.L.1250, NO.166

§ 5. Continuation of existing emission inspection programs.

Until implementation of an enhanced emission inspection

program under 75 Pa.C.S. § 4706(b.1), the Department of

Transportation may continue to utilize any emission inspection

program developed under 75 Pa.C.S. § 4706(b).

Explanatory Note. Act 166 amended or added sections 1306,

4102, 4531, 4702, 4704, 4706, 4709, 4710, 6116 and 6311 and

Chapter 72 of Title 75.

§ 6. Enhanced emission inspections (Repealed).

1994 Repeal. Section 6 was repealed February 10, 1994,

P.L.10, No.2, effective immediately.

§ 7. "Cash for Clunkers" program (Repealed).

1995 Repeal. Section 7 was repealed December 20, 1995,

P.L.669, No.75, effective in 120 days.

§ 8. Decentralized vehicle and driver license transaction

services.

(a) Initial responsibilities of department.--The Department

of Transportation shall:

(1) Within 18 months of enactment of this act,

investigate the methods by which other states provide

decentralized vehicle and driver license transaction

services.

(2) Within 18 months of enactment of this act,

investigate opportunities available to provide decentralized

motor vehicle and driver license transaction services through

private entities.

(3) Within 18 months of enactment of this act,

investigate available technological means by which citizens

may routinely obtain motor vehicle and driver license

transaction services through self-service terminals, direct

or indirect telephone linkage to departmental computers or

similar systems.

(4) (Repealed).

(5) (Repealed).

(b) Electronic transactions.--In pursuing the directives

of subsection (a), the department is authorized to do the

following:

(1) (Repealed).

(2) Conduct transactions by electronic means through

real time access if the department determines that electronic

transactions will improve service to the public without

adversely affecting the security and accuracy of departmental

records.

(3) Implement procedures to certify the accuracy of

electronic transactions.

law, a written or printed report of an electronic transaction

permitted under this section if certified as true and correct

by the department may serve as evidence of any signature,

acknowledgment or information which was provided to the

department by electronic means, and such certification shall

be admissible in any legal proceeding as evidence of the facts

stated within the certification.

(d) Expansion of pilot program.--After submitting the

written report to the Transportation Committee of the Senate

and the Transportation Committee of the House of Representatives

as required under subsection (a)(5), the department shall be

authorized to and may take the necessary steps to expand the

pilot program required under subsection (a)(4) on a permanent

Statewide basis, unless otherwise directed to terminate the

program through a concurrent resolution enacted by the General

Assembly.

(e) Nonseverability.--If subsection (c) or its application

to any person or circumstance is held invalid, the remaining

provisions or applications of this section are void.

(Dec. 7, 1994, P.L.820, No.115, eff. imd.; July 11, 1996,

P.L.660, No.115, eff. 60 days)

1996 Repeal. Act 115 repealed subsec. (a)(4).

1994 Repeal. Act 115 repealed subsecs. (a)(5) and (b)(1).

§ 9. Effective date.

This act shall take effect as follows:

(1) The amendment or addition of 75 Pa.C.S. §§ 4706(b.1)

and (e), 4710 and 6116 and section 8 of this act shall take

effect immediately.

(2) The addition of 75 Pa.C.S. Ch. 72 shall take effect

July 1, 1993.

(3) The remainder of this act shall take effect 60 days

after the Department of Transportation certifies by notice

in the Pennsylvania Bulletin that an enhanced emission

inspection program will commence.

1994 Partial Repeal. Section 10 of Act 2 of 1994 provided

that par. (3) is repealed insofar as it is inconsistent with

the effective date of the reenactment of 75 Pa.C.S. § 4704(e)

under Act 2.

1993, JUNE 28, P.L.137, NO.33

§ 8. Savings provision.

The provisions of 75 Pa.C.S. §§ 1532(c) and 1550(d) and the

repeal of the provisions of section 13(m) of the act of April

14, 1972 (P.L.233, No.64), known as The Controlled Substance,

Drug, Device and Cosmetic Act, by this act shall not affect any

act done, liability incurred or right accrued or vested or

affect any suit or prosecution pending or be instituted to

enforce any right or penalty or to punish any offense under the

authority of any statute repealed by this act.

Explanatory Note. Act 33 amended or added sections 102,

1374, 1377, 1510, 1532, 1550, 1798.4, 1902, 4726, 6323, 7714

and 7715 of Title 75.

1993, JULY 2, P.L.408, NO.58

§ 10. Use of Motor License Fund appropriations.

Of those total funds appropriated to the Department of

Transportation from Motor License Fund appropriations by section

901 of the act of May 28, 1993 (P.L.589, No.1A), known as the

General Appropriation Act of 1993, for the administration and

operation of the highway and safety improvement and maintenance

programs for State roads, bridges, tunnels and structures, at

least $3,000,000 shall be used for the installation of raised

reflective markers between lanes of traffic on interstate

highways and State highways at locations determined by the

Department of Transportation. The $15,000,000 earmarked for

survey and upgrade of signing may be drawn from both the highway

and safety improvement and the maintenance appropriations.

Explanatory Note. Act 58 amended sections 102, 1115, 1532,

1550, 1786, 3701.1, 4726, 4921, 6125, 6126, 6323, 7714, 7715,

7752 and 9511 of Title 75 and added Chapter 83 of Title 74.

§ 12. Savings provision.

The provisions of 75 Pa.C.S. §§ 1532(c) and 1550(d) and the

repeal of the provisions of section 13(m) of the act of April

14, 1972 (P.L.233, No.64), known as The Controlled Substance,

Drug, Device and Cosmetic Act, by the act shall not affect any

act done, liability incurred or right accrued or vested or

affect any suit or prosecution pending or be instituted to

enforce any right or penalty or to punish any offense under the

authority of any statute repealed by this act.

1994, FEBRUARY 10, P.L.10, NO.2

§ 9. Schedule for emission testing.

For the last year of emission testing in those areas

previously designated by the Department of Transportation as

requiring emission inspection, the department shall permit

one-half of all subject vehicles required to undergo the

emission inspection to receive an emission certificate that

will expire in a period not to exceed 27 months. Those vehicles

selected for a biennial inspection shall be required to undergo

a complete enhanced emission inspection before the expiration

of the biennial certificate of inspection as provided under

this act. The remaining subject vehicles shall undergo a

complete basic emission inspection for the last year of the

current emission inspection program and, in accordance with the

provisions of this act, shall undergo an enhanced emission

inspection thereafter. In those areas not previously designated

by the department as requiring emission inspection, the

department shall require one-half of all subject vehicles to

undergo a complete enhanced emission inspection as provided

under this act. The remaining subject vehicles shall undergo a

complete enhanced emission inspection the following year in

accordance with the provisions of this act.

Explanatory Note. Act 2 amended or reenacted sections 102,

1115, 1337, 1786, 4704, 4706, 4904, 4908, 4921, 4923, 4961 and

4981 of Title 75.

§ 11. Waiver of school bus driver recertification driving test.

The Department of Transportation shall waive the school bus

driver recertification driving test required by department

regulations until November 30, 1994.

1994, FEBRUARY 10, P.L.20, NO.3

§ 8. Savings provision.

The provisions of 75 Pa.C.S. §§ 1532(c) and 1550(d) and the

repeal of the provisions of section 13(m) of the act of April

14, 1972 (P.L.233, No.64), known as The Controlled Substance,

Drug, Device and Cosmetic Act, by this act shall not affect any

act done, liability incurred or right accrued or vested or

affect any suit or prosecution pending or be instituted to

enforce any right or penalty or to punish any offense under the

authority of any statute repealed by this act.

Explanatory Note. Act 3 amended, added or repealed sections

1311, 1312 and 1313 and Chapters 15 and 17 of Title 74 and

sections 1532, 1550, 6323 and 9511 of Title 75.

1994, DECEMBER 7, P.L.820, NO.115

§ 12. Contracts with private entities.

In pursuing the directives of section 8(a) of the act of

December 16, 1992 (P.L.1250, No.166), entitled "An act amending

Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes,

providing for the implementation and administration of an

enhanced vehicle emission inspection program; further providing

for administrative duties of the Department of Transportation

for certain services and the Department of Environmental

Resources; providing for an alternative fuels grant program;

establishing the Alternative Fuels Incentive Grant Fund; and

making an appropriation," the Department of Transportation is

authorized to contract with private entities for the purpose

of development, administration and operation of a system which

will permit electronic transactions, payment by credit or debit

card and electronic funds transfer. Contracted private entities

shall be permitted to charge a reasonable fee to customers for

providing these services. A third party operating a secured-host

computer system interfacing with the computer system of the

Department of Transportation must be bonded in an amount

specified by the Department of Transportation and shall maintain

transaction audit trails for a period of time specified by the

Department of Transportation. The Department of Transportation

shall provide a written report of its activities relating to

decentralized motor vehicle and driver's license transaction

services to the Transportation Committee of the Senate and the

Transportation Committee of the House of Representatives by

January 10, 1995.

Explanatory Note. Act 115 amended or added sections 102,

1103.1, 1302, 1335, 1336, 1352, 1376, 1510, 1533, 1535, 1541,

1542, 1553, 1786, 1924, 1944, 1951, 1955, 1961, 4702, 4703,

4901, 4907, 4921, 4962, 4973, 6117 and 7134 of Title 75.

1994, DECEMBER 12, P.L.1048, NO.143

§ 4. Habitual offenders.

(a) Designation under section 1501 or 1543.--For drivers

who were designated as habitual offenders prior to the effective

date of this amendatory act solely as a result of convictions

of 75 Pa.C.S. § 1501 or 1543 and for whom departmental records

show that the suspensions for convictions of 75 Pa.C.S. § 1543

occurred only as a result of a suspension imposed under the

authority of 75 Pa.C.S. § 1533, 1538(a) or (b) or 6146, the

Department of Transportation may remove these drivers from

habitual offender status and require only that they complete

the other sanctions associated with the 75 Pa.C.S. § 1543

convictions. Such persons may petition the department for

removal from habitual offender status and, if they are eligible

for removal, shall no longer be designated as habitual

offenders.

(b) Other designations.--For drivers who were designated

as habitual offenders prior to the effective date of this

amendatory act and who would no longer be designated as habitual

offenders under the provisions of this act, the department may

remove these drivers from habitual offender status and require

only that they complete the other sanctions associated with

those convictions. Such persons may petition the department for

removal from habitual offender status and, if they are eligible

for removal, shall no longer be designated as habitual

offenders.

Explanatory Note. Act 143 amended or added sections 1532,

1541, 1542, 1543, 1553 and 1554 of Title 75.

1994, DECEMBER 27, P.L.1337, NO.154

§ 5. Appropriation of fines.

The first $200,000 of the fines collected under 75 Pa.C.S.

§ 3733 which are not the subject of distribution to

municipalities under 42 Pa.C.S. § 3571(b)(2) or (3) are hereby

appropriated from the Motor License Fund to the Pennsylvania

State Police for the implementation of 75 Pa.C.S. § 6343.

Explanatory Note. Act 154 amended or added sections 3571,

3572, 3573 and 6801 of Title 42 and sections 1508, 1532 and

3733 and Subchapter C of Chapter 63 of Title 75.

§ 6. Effective date.

This act shall take effect as follows:

* * *

(2) The amendment of 75 Pa.C.S. § 1508(d) shall take

effect upon the date of notice published in the Pennsylvania

Bulletin by the Department of Transportation that the

Pennsylvania Driver's Manual has been reprinted for

distribution to the general public. If this notice is not

published on or before the date occurring one year from the

date of final enactment of this act, section 1508(d) shall

take effect one year from the date of final enactment of

this act.

* * *

1995, JUNE 13, P.L.57, NO.9

§ 4. Report on effect of increased speed limit.

The designation of a speed limit in excess of 55 miles per

hour authorized upon any interstate highway or turnpike shall

require the Department of Transportation and the Pennsylvania

Turnpike Commission to issue a report to the Transportation

Committee of the Senate and the Transportation Committee of the

House of Representatives on the effect of the increased speed

limit. The report shall be submitted within a reasonable time

after the increased speed limit has been in effect for at least

one year.

Explanatory Note. Act 9 amended sections 102, 3362, 3363

and 6110 of Title 75.

1995, JULY 6, P.L.246, NO.30

§ 5. Equipment standards and inspection criteria.

The Department of Transportation may establish the equipment

standards and inspection criteria required for applicable farm

vehicles with a gross weight or gross vehicle weight rating of

greater than 17,000 pounds for which a Type I biennial

certificate of exemption has been issued by publishing a notice

in the Pennsylvania Bulletin until the regulations governing

these equipment standards and inspection criteria are

promulgated by the Department of Transportation.

Explanatory Note. Act 30 amended sections 102, 1302, 1336.1,

1338, 1540, 1731, 1924, 4702 and 4703 of Title 75.

1996, JULY 11, P.L.660, NO.115

§ 25. Pilot programs for decentralized services for motor

vehicle and driver license transactions.

The Department of Transportation shall install at least three

pilot programs of private sector, decentralized services for

motor vehicle and driver license transactions, including, but

not limited to, at least three vehicle dealerships,

decentralized agents or other private business entities who,

notwithstanding any other provision of 75 Pa.C.S. or

departmental regulations, shall be temporarily authorized to

obtain real time or on-line access to the department's data

bases to read motor vehicle records and information and driver

license records after first obtaining the written consent of

the person who is the subject of the record as provided under

75 Pa.C.S. § 6114. Computerized and electronically recorded

data may be submitted to the department for the purpose of

updating records. The department shall permit temporarily

authorized dealerships, decentralized agents or business

entities to issue accountable documents which, as determined

by the department, may include certificates of title,

certificates of salvage, registration plates, cards and stickers

and driver licenses. The temporarily authorized dealerships,

decentralized agents or private business entities shall not

have been previously sanctioned by the department for violations

of 75 Pa.C.S. or departmental regulations within the past three

years. Temporarily authorized dealerships, decentralized agents

or private business entities shall be permitted to charge a

reasonable fee to customers for providing these services.

Explanatory Note. Act 115 amended section 8301 of Title 74

and amended or added sections 102, 1119, 1307, 1310, 1318, 1359,

1374, 1547, 1607, 1786, 1943, 2105, 3718, 3731, 3735, 3742.1,

4702, 4727, 4903, 4921, 4962, 4974, 4977, 7301, 7730 and 7752

of Title 75.

§ 27. Repeal of Pa. Code provisions.

The provisions of 67 Pa. Code §§ 75.25, 75.26, 75.27 and

75.28 are repealed upon the publication of testing procedures

as set forth in 75 Pa.C.S. § 1607(a) in the Pennsylvania

Bulletin.

1997, APRIL 17, P.L.6, NO.3

§ 20. Additional revenue from fee increases.

The additional revenue derived from increases in fees

specified under 75 Pa.C.S. §§ 1912, 1913, 1914, 1915, 1916,

1917, 1921, 1922, 1923, 1924, 1925, 1926, 1926.1, 1927, 1929,

1932, 1933 and 1952 shall be deposited in the Motor License

Fund and is hereby appropriated for the use of the Department

of Transportation for new highway capital projects. Of this

amount $28,000,000 of the proceeds deposited in the Motor

License Fund pursuant to this section is hereby appropriated

to the Pennsylvania Turnpike Commission annually, to be

distributed in the monthly amount of $2,333,333.33, for toll

roads designated under the act of September 30, 1985 (P.L.240,

No.61), known as the Turnpike Organization, Extension and Toll

Road Conversion Act. This section shall operate as a pledge,

by the Commonwealth to an individual or entity that acquires a

bond issued by the commission, to:

(1) secure the portion of the money described in this

section and distributed under this section; and

(2) not limit or alter the rights vested in the

commission to the appropriation and distribution of the money

set forth in this section.

Explanatory Note. Act 3 amended, added or repealed sections

1303, 1310, 1310.1, 1311 and 1315 of Title 74 and sections 1307,

1318, 1912, 1913, 1914, 1915, 1916, 1917, 1920, 1921, 1922,

1923, 1924, 1925, 1926, 1926.1, 1927, 1929, 1932, 1933, 1952,

4702, 4904, 4908, 4921 and 4923, Chapter 90 and sections 9101,

9102, 9104, 9106, 9401, 9402, 9403, 9404, 9405, 9501, 9502,

9503, 9504, 9505, 9506, 9507, 9508, 9509, 9510, 9511.1, 9602,

9603 and 9606 of Title 75.

§ 21. Legislative intent.

(a) Liquid fuels tax collection points.--It is the intent

of this act to move the collection point of both the fuel use

tax and oil company franchise tax to the distributor level

currently used for the collection of liquid fuels tax. It is

also the intent of this act that no fuels or liquid fuels will

be subject to double taxation as a result of the movement of

the point of collection. The Department of Revenue is authorized

to take reasonable and necessary steps to prevent such double

taxation.

(b) Codification of The Liquid Fuels Tax Act and the Fuel

Use Tax Act.--The addition of 75 Pa.C.S. Ch. 90 is a

codification of the act of May 21, 1931 (P.L.149, No.105), known

as The Liquid Fuels Tax Act, and the act of January 14, 1952

(1951 P.L.1965, No.550), known as the Fuel Use Tax Act, and is

intended as a continuation of those acts.

of the Fuel Use Tax Act and the movement of the point of

taxation for fuels to the distributor level, it is the intent

of this act that dealer-users shall, after the effective date

of the change in the point of taxation, remain liable for and

continue to report and pay the fuel use tax on the use of any

fuels upon which the tax imposed by 75 Pa.C.S. § 9004 has not

been previously imposed and paid. The department is authorized

to prescribe by published notice reasonable measures for such

reporting and payment.

(d) Computation of "cents-per-gallon equivalent basis".--For

purposes of the "cents-per-gallon equivalent basis" computation

provided in 75 Pa.C.S. §§ 9002 and 9004 for the period from the

effective date of such provisions to the following January 1,

the department shall employ an average wholesale price of 90¢,

and no determination or notice of that price is required.

1999, JUNE 25, P.L.164, NO.23

§ 14. Task force on driver's education programs (Expired).

2000 Expiration. Section 14 expired June 25, 2000. See Act

23 of 1999.

Explanatory Note. Act 23 amended or added sections 1503,

1504, 1505, 1532, 1533, 1538, 1548, 1550, 1943, 3313, 4581,

4962, 4968, 4977, 4979.3, 4979.4, 6114 and 8914.1 of Title 75.

§ 15. Joint study on registration validation stickers.

The Pennsylvania State Police and the Department of

Transportation shall jointly study the issue of the problems

involving registration validation stickers and present a report

with findings and recommendations to the Transportation

Committee of the Senate and the Transportation Committee of the

House of Representatives no later than September 1, 1999.

2002, OCTOBER 2, P.L.801, NO.114

§ 2. Petition for removal of suspensions or revocations.

Drivers whose operating privileges were suspended or revoked

prior to the effective date of this section may petition the

Department of Transportation to remove from the record the

suspensions which had previously been imposed for violations

of 75 Pa.C.S. §§ 7102(b) and 7103(b). Upon receipt of the

petition, the department shall examine the driving record of

the petitioner and shall remove from the record suspensions or

revocations caused by convictions of violations of 75 Pa.C.S.

§ 7102(b) or 7103(b). If there are other offenses on the record,

if the driver is entitled to credit, credit shall be given for

the other offenses for the periods of times where the driver's

operating privileges were suspended or revoked for violations

of 75 Pa.C.S. §§ 7102(b) and 7103(b). If the driver was properly

serving the suspension, then the driver is entitled to credit.

If, after recalculating the record, the driver is eligible for

restoration of privileges, the department shall so inform the

driver and permit the driver's operating privileges to be

restored so long as the driver meets all the other requirements

for restoration.

Explanatory Note. Act 114 amended sections 1532, 1571 and

7904 of Title 75.

2002, OCTOBER 4, P.L.845, NO.123

§ 11. Petition for removal of suspensions or revocations.