Pennsylvania Act 2002-105 — VEHICLE CODE (75 PA.C.S.) - AMEND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES AND INSPECTION STATION CERTIFICATES OF APPOINTMENT

Act text

VEHICLE CODE (75 PA.C.S.) - AMEND ELECTRIC PERSONAL ASSISTIVE MOBILITY
        DEVICES AND INSPECTION STATION CERTIFICATES OF APPOINTMENT
                  Act of Jul. 4, 2002, P.L. 692, No. 105              Cl. 75
                             Session of 2002
                               No. 2002-105

     SB 1225

                                  AN ACT

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, further providing for definitions, for vehicles not
        requiring certificate of title and for vehicles exempt from
        registration; providing for electric personal assistive
        mobility devices; and further providing for driving upon
        sidewalk and for inspection station certificates of
        appointment.

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

        Section 1.  The definition of "motor vehicle" in section 102
     of Title 75 of the Pennsylvania Consolidated Statutes is amended
     and the section is amended by adding a definition 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:
        * * *
        "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.
        * * *
        "Motor vehicle."  A vehicle which is self-propelled except
     [one] an electric personal assistive mobility device or a
     vehicle which is propelled solely by human power or by electric
     power obtained from overhead trolley wires, but not operated
     upon rails.
        * * *
        Section 2.  Sections 1102 and 1302 of Title 75 are amended by
     adding paragraphs to read:
      § 1102.  Vehicles not requiring certificate of title.
        No certificate of title is required for:
            * * *
            (12)  An electric personal assistive mobility device.
      § 1302.  Vehicles exempt from registration.
        The following types of vehicles are exempt from registration:
            * * *
            (20)  An electric personal assistive mobility device.
        Section 3.  Chapter 35 of Title 75 is amended by adding a
     subchapter to read:
                               SUBCHAPTER E
               ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
     Sec.
     3581.  Equipment.
     3582.  Pedalcycle helmets for certain persons.
     3583.  EPAMD prohibited on freeways.
      § 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
     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 the 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.
        (c)  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.
        (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.
      § 3583.  EPAMD prohibited on freeways.
        No person shall operate an EPAMD on a freeway.
        Section 4.  Sections 3703 and 4724 of Title 75 are amended to
     read:
      § 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.
        (c)  Electric personal assistive mobility device (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.
      § 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 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. 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 certificate of
     appointment 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 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
     certificate of appointment or is subject to suspension of the
     certificate of appointment under the provisions of this chapter.
        (c)  Limitation.--The department prior to suspending a
     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.
        Section 5.  This act shall take effect in 60 days.

     APPROVED--The 4th day of July, A. D. 2002.

     MARK S. SCHWEIKER