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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