Pennsylvania Act 1995-72 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
                  Act of Dec. 15, 1995, P.L. 655, No. 72              Cl. 75
                             Session of 1995
                               No. 1995-72

     HB 48

                                  AN ACT

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, further defining "pedalcycles"; further providing
        for handicapped plate and placard, for veteran plates and
        placard, for the operation of pedalcycles on Commonwealth
        highways, for pedalcycle helmets, for the use of hearing
        impairment devices and for hand and arm signals; repealing
        the Pedalcycle Helmet Fund; providing for the establishment
        of the Pennsylvania Pedalcycle and Pedestrian Advisory
        Committee; further providing for exemption from surcharge;
        providing for authorization for the Governor to transfer
        funds from the Catastrophic Loss Benefits Continuation Fund
        and funds from continuing appropriations for hazardous waste
        control to satisfy litigation awards and all costs associated
        with litigation involving a centralized emission inspection
        contract; and deleting authority for centralized emission
        inspections.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definition of "pedalcycle" in section 102 of
     Title 75 of the Pennsylvania Consolidated Statutes is amended to
     read:
      § 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:
        * * *
        "Pedalcycle."  A vehicle propelled solely by human-powered
     pedals. 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.
        * * *
        Section 2.  Section 1306(8) and (9) of Title 75 are repealed.
        Section 3.  Sections 1338, 1342 and 3105 of Title 75 are
     amended by adding subsections to read:
      § 1338.  Handicapped plate and placard.
        * * *
        (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 handicapped plate when the
     vehicle is not being used for the benefit of the handicapped
     person or when the handicapped person 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.
        * * *
      § 1342.  Veteran plates and placard.
        * * *
        (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.
      § 3105.  Drivers of emergency vehicles.
        * * *
        (f)  Pedalcycles.--No part of this title shall be construed
     to restrict the operation of a pedalcycle used by a police
     officer during the course of performing official duties.
        Section 4.  Sections 3336, 3504, 3505, 3507(a) and 3510 of
     Title 75 are amended to read:
      § 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.
      § 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 [carry a child securely attached to the rider in a back pack
     or sling] 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.
      § 3505.  Riding on roadways and pedalcycle paths.
        [(a)  General rule.--Except as provided in subsection (b),
     every person operating a pedalcycle upon a roadway shall ride as
     near to the right side of the roadway as practicable, exercising
     due care when passing a standing vehicle or one proceeding in
     the same direction.
        (b)  One-way highways.--Any person operating a pedalcycle
     upon a roadway of a highway, which highway 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.
        (c)  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.
        (d)  Use of available pedalcycle paths.--Whenever a lane or
     path for pedalcycles has been provided as part of a highway,
     pedalcycle riders shall use the lane or path and shall not use
     any other part of the highway. This subsection does not apply
     when use of the pedalcycle lane or path is not possible, safe or
     reasonable.]
        (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.
        (c)  Slower than prevailing speeds.--A pedalcycle operated at
     slower than prevailing speed shall be operated in accordance
     with the provisions of section 3301(b) (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.--Whenever a
     lane or path for pedalcycles has been provided as a part of a
     highway and mandatory use of the lane or path has been indicated
     by official traffic-control devices, pedalcycle riders shall use
     the lane or path and shall not use any other part of the
     highway. This subsection does not apply when use of the
     pedalcycle lane or path is not possible, safe or reasonable.
      § 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. 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 red reflector on the rear
     [of a type approved by the department] which shall be visible
     from all distances from [100 feet to 600] 500 feet to the rear
     and with an amber reflector on each side. A lamp emitting a red
     [light] flashing lamp, light-emitting diode or similar device
     visible from a distance of 500 feet to the rear may be used in
     addition to the red reflector. A lamp worn by the operator of a
     pedalcycle shall comply with the requirements of this subsection
     if the lamp can be seen at the distances specified. [All lamps
     and reflectors shall be of a type approved by the department.]
        * * *
      § 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 [or of],
     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
     [conspicuously] 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 district justice, magistrate or judge shall dismiss the
     charges if the person prior to or at his hearing displays
     evidence of acquisition of a helmet meeting the standards
     prescribed in subsection (a) to such district justice,
     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.
        (c)  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 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 court imposing and
     collecting any such fines shall transfer the fines thus
     collected to the State Treasurer for deposit in the Pedalcycle
     Helmet Fund, pursuant to section 3512 (relating to Pedalcycle
     Helmet Fund).] 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.
        Section 5.  Section 3511 of Title 75 is amended by adding a
     subsection to read:
      § 3511.  Pedalcycles prohibited on freeways.
        * * *
        (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.
        Section 6.  Section 3512 of Title 75 is repealed.
        Section 7.  Chapter 35 of Title 75 is amended by adding a
     subchapter to read:
                                CHAPTER 35
                     SPECIAL VEHICLES AND PEDESTRIANS
                                  * * *
                               SUBCHAPTER D
               PEDALCYCLE AND PEDESTRIAN ADVISORY COMMITTEE
     Sec.
     3571.  Pedalcycle and Pedestrian Advisory Committee.
      § 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 12 members.
     The members shall be as follows:
            (1)  The Secretary of Transportation, ex officio.
            (2)  The Secretary of Environmental 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)  Six members of the public representing areas of
        concern specified who shall have extensive experience and
        knowledge of bicycle, pedalcycle, pedestrian and human power
        issues throughout this Commonwealth, to be appointed by the
        Governor as follows:
                (i)  One member from a list of at least three
            representatives submitted by the Bicycling Federation of
            Pennsylvania.
                (ii)  One member from a list of at least three
            representatives submitted by the League of American
            Bicyclists.
                (iii)  One member from a list of at least three
            representatives submitted by the United States Cycling
            Federation.
                (iv)  One member from a list of at least three
            representatives submitted by the Pennsylvania Chapter of
            the Rails-to-Trails Conservancy.
                (v)  One member from a list of at least three
            representatives submitted by the Eastern Paralyzed
            Veterans Association.
                (vi)  One member from the general public.
     Each member may designate an alternate to serve in his stead. A
     member shall notify the chairman in writing of this designation.
        (c)  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 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, including a designee, 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
     cycling and pedestrian program activities being undertaken or
     financially assisted by the department and agencies of State
     government.
        Section 8.  Section 4706(b.3), (b.4), (b.7) and (f) of Title
     75 are repealed.
        Section 9.  Section 4706(g)(3) of Title 75 is amended to
     read:
      § 4706.  Prohibition on expenditures for emission inspection
                program.
        * * *
        (g)  Alternative enhanced emission inspection program.--
     Notwithstanding the provisions of subsection (f), the department
     shall comply with all of the following requirements:
            * * *
            (3)  [No later than March 1, 1995, the] 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.
            * * *
        Section 10.  Title 75 is amended by adding a section to read:
      § 4706.1.  Centralized emission inspection litigation
                settlement.
        (a)  Authorization.--Except as otherwise provided in
     subsection (d) and notwithstanding any other provision of law to
     the contrary, the Governor is hereby authorized to transfer
     funds from the specific funds and continuing appropriations set
     forth in subsection (b) for the sole purpose of paying all
     settlements and court orders arising from legal action related
     to any contract with the department for the conduct of a program
     of centralized emissions inspections entered into prior to
     November 16, 1994, pursuant to the act of December 16, 1992
     (P.L.1250, No.166).
        (b)  Sources of transferable funds.--The funds and continuing
     appropriations subject to the authorization under subsection (a)
     are as follows:
            (1)  The Catastrophic Loss Benefits Continuation Fund
        established under section 1798.4 (relating to Catastrophic
        Loss Benefits Continuation Fund).
            (2)  Any funds remaining unexpended, unencumbered or
        uncommitted from the continuing appropriations for the
        hazardous waste control program contained in:
                (i)  Section 211 of the act of June 29, 1984
            (P.L.1360, No.7A), known as the General Appropriation Act
            of 1984.
                (ii)  Section 212 of the act of June 30, 1985
            (P.L.592, No.5A), known as the General Appropriation Act
            of 1985.
                (iii)  Section 212 of the act of July 1, 1986
            (P.L.1776, No.5A), known as the General Appropriation Act
            of 1986.
                (iv)  Section 213 of the act of July 3, 1987
            (P.L.459, No.9A), known as the General Appropriation Act
            of 1987.
                (v)  Section 213 of the act of July 1, 1988
            (P.L.1956, No.5A), known as the General Appropriation Act
            of 1988.
     Funds from this fund and these appropriations may be transferred
     upon approval of the Governor to a restricted account and are
     hereby appropriated for the payment of any settlements and
     court orders arising from legal action related to any contract
     with the department for the conduct of a program of centralized
     emission inspections entered into before November 16, 1994.
        (c)  Transfer mechanism.--The transfers shall be upon warrant
     of the State Treasurer upon requisition of the Governor and
     shall be for the sole purpose of settling the legal action under
     this section. A statement of the actual amount of each transfer
     shall be reported to the General Assembly within 14 days of the
     requisition.
        (d)  Exceptions.--This section shall not authorize the
     Governor to transfer any funds from the Catastrophic Loss
     Benefits Continuation Fund if the transfer of funds for the
     purpose contained in this section prevents timely processing and
     payment of catastrophic loss benefits under section 1798.2
     (relating to transition).
        (e)  Expiration.--This section shall expire December 31,
     1998.
        Section 11.  Section 6506(a) of Title 75 is amended to read:
      § 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 $30.
            (2)  Upon conviction for a violation of the following
        provisions of this title, a surcharge of $40:
                (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 $50.
            (4)  Upon conviction for a violation of section 3362
        (relating to maximum speed limits), the following applicable
        surcharge:
                (i)  $30 for exceeding the maximum speed limit by 6
            to 10 miles per hour or 11 to 15 miles per hour.
                (ii)  $40 for exceeding the maximum speed limit by 16
            to 25 miles per hour.
                (iii)  $50 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 $150.
            (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 $30.
            (7)  Upon conviction of offenses under section 3731
        (relating to driving under influence of alcohol or controlled
        substance), or upon admission to programs for Accelerated
        Rehabilitative Disposition for offenses enumerated in section
        3731, a surcharge, respectively, of:
                (i)  $50 for the first offense.
                (ii)  $100 for the second offense.
                (iii)  $200 for the third offense.
                (iv)  $300 for the fourth and subsequent offenses.
     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.
        * * *
        Section 12.  The addition of 75 Pa.C.S. Ch. 35 Subch. D shall
     expire December 31, 2000.
        Section 13.  This act shall take effect as follows:
            (1)  The amendment, addition or repeal of 75 Pa.C.S. §§
        1306(8) and (9), 4706(b.3), (b.4), (b.7), (f) and (g)(3) and
        4706.1 shall take effect immediately.
            (2)  This section shall take effect immediately.
            (3)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 15th day of December, A. D. 1995.

     THOMAS J. RIDGE