act-1996-0-149•Pennsylvania Act 1996-149 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 1996-149 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
act-1996-0-1491996 Pa. Act 149Law
Act text
VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Dec. 10, 1996, P.L. 925, No. 149 Cl. 75
Session of 1996
No. 1996-149
HB 2091
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for examination of applicant for
driver's license; providing for physical examinations;
further providing for qualifications for school bus driver
endorsement; providing for a driver's license compact; and
further providing for the operation of school buses, for
driving under the influence of alcohol or controlled
substances , for snow plow lamps, for permits for movement of
wooden structures and for financial responsibility.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1508(a) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 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.
* * *
Section 2. Title 75 is amended by adding a section to read:
§ 1508.1. Physical examinations.
The department shall promulgate regulations to authorize
specific classes of licensed practitioners of the healing arts,
to include, but not be limited to, 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.
Section 3. Section 1509 of Title 75 is amended to read:
§ 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 an annual physical
examination to be given [by the physician for the school
district by which the person is employed,] 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 annual 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 12 months. The vision examination may be made by an
optometrist or ophthalmologist.
(c) School bus driver training program.--The department
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.
Section 4. Chapter 15 of Title 75 is amended by adding a
subchapter to read:
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.
§ 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.
(c) "Conviction" means a conviction of any offense related
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.
(c) If the laws of a party state do not provide for offenses
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.
§ 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.
§ 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).
Section 5. Section 3342(b) of Title 75 is amended to read:
§ 3342. Vehicles required to stop at railroad crossings.
* * *
(b) School buses.--A school bus, whether or not carrying
passengers, shall stop at all railroad crossings designated by
appropriate signs, signals or markers except those crossings at
which traffic is controlled by a police officer or flagman and
those crossings located on a limited access highway.
* * *
Section 6. Section 3731(a) and (a.1) of Title 75, amended
July 2, 1996 (P.L.535, No.93) and July 11, 1996 (P.L.660,
No.115), are amended to read:
§ 3731. Driving under influence of alcohol or controlled
substance.
(a) Offense defined.--A person shall not drive, operate or
be in actual physical control of the movement of a vehicle in
any of the following circumstances:
(1) While under the influence of alcohol to a degree
which renders the person incapable of safe driving.
(2) While under the influence of any 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, to a degree which renders the person incapable
of safe driving.
(3) While under the combined influence of alcohol and
any controlled substance to a degree which renders the person
incapable of safe driving.
(4) While the amount of alcohol by weight in the blood
of:
(i) an adult is 0.10% or greater; or
(ii) a minor is 0.02% or greater.
[(5) If all of the following apply:
(i) At the time of a chemical test of a sample of
the person's breath, blood or urine, the amount of
alcohol by weight in the blood of:
(A) an adult is 0.10% or greater; or
(B) a minor is 0.02% or greater.
(ii) Either:
(A) the sample is obtained within three hours
after the person drove, operated or was in actual
physical control of the vehicle; or
(B) the circumstances of the incident prevent
collecting the sample within three hours, obtained
within a reasonable additional time after the person
drove, operated or was in actual physical control of
the vehicle.
(a.1) Defense.--It shall be a defense to a prosecution under
subsection (a)(5) if the person proves by a preponderance of
evidence all of the following:
(1) The person consumed alcohol after the last instance
in which he drove, operated or was in actual physical control
of the vehicle.
(2) The amount of alcohol by weight in:
(i) an adult's blood would not have exceeded 0.10%
at the time of the test but for such consumption; or
(ii) a minor's blood would not have exceeded 0.02%
at the time of the test but for such consumption.]
(a.1) Prima facie evidence.--
(1) It is prima facie evidence that:
(i) an adult had 0.10% or more by weight of alcohol
in his or her blood at the time of driving, operating or
being in actual physical control of the movement of any
vehicle if the amount of alcohol by weight in the blood
of the person is equal to or greater than 0.10% at the
time a chemical test is performed on a sample of the
person's breath, blood or urine;
(ii) a minor had 0.02% or more by weight of alcohol
in his or her blood at the time of driving, operating or
being in actual physical control of the movement of any
vehicle if the amount of alcohol by weight in the blood
of the minor is equal to or greater than 0.02% at the
time a chemical test is performed on a sample of the
person's breath, blood or urine; and
(iii) a person operating a commercial vehicle had
0.04% or more by weight of alcohol in his or her blood at
the time of driving, operating or being in actual
physical control of the movement of the commercial
vehicle if the amount of alcohol by weight in the blood
of a person operating a commercial vehicle is equal to or
greater than 0.04% at the time a chemical test is
performed on a sample of the person's breath, blood or
urine.
(2) For the purposes of this section, the chemical test
of the sample of the person's breath, blood or urine shall be
from a sample obtained within three hours after the person
drove, operated or was in actual physical control of the
vehicle.
* * *
Section 7. Section 4303 of Title 75 is amended by adding a
subsection to read:
§ 4303. General lighting requirements.
* * *
(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.
Section 8. Section 4977 of Title 75, added July 11, 1996
(P.L.660, No.115), is amended to read:
§ 4977. Permit for movement of wooden structures.
An annual permit may be issued for the movement of certain
wooden structures which exceed the maximum length and width
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.
(3) The wooden structure or structures must be
transported on a trailer designed solely for the
transportation of such structures and not used for the
transportation of any other type of load.
(4) Movement under this section is limited to roof
trusses, wooden utility sheds, gazebos, garages and play
equipment.
Section 9. Section 6309.2(a)(2) of Title 75, added July 2,
1996 (P.L.535, No.93), is amended to read:
§ 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:
* * *
(2) If a motor vehicle or combination for which there is
no valid registration or for which the registration is
suspended for failing to maintain financial responsibility
[or where no financial responsibility has been secured,] as
verified by an appropriate law enforcement officer, is
operated on a highway or trafficway of this Commonwealth, the
motor vehicle or combination shall be immobilized by the law
enforcement authority, and the appropriate judicial authority
shall be so notified.
* * *
Section 10. In recognition of the technical and
administrative limitations under which the Department of
Transportation is currently operating, the effective date of 75
Pa.C.S. § 1581 Art. IV(b) shall be suspended until the repeal of
this section.
Section 11. This act shall take effect as follows:
(1) The amendment or addition of 75 Pa.C.S. §§ 1508,
1508.1, 1509, 3342 , 4303 and 4977 shall take effect in 60
days.
(2) The addition of 75 Pa.C.S. § 1581 Art. IV(b) shall
take effect on the date of the repeal of section 10 of this
act.
(3) The amendment of 75 Pa.C.S. § 3731(a) and (a.1)
shall take effect in 30 days.
(4) The remainder of this act shall take effect
immediately.
APPROVED--The 10th day of December, A. D. 1996.
THOMAS J. RIDGE
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