Pennsylvania Act 2024-103 — VEHICLE CODE (75 PA.C.S.) - RACING ON HIGHWAYS, DISPOSITION OF IMPOUNDED VEHICLES, COMBINATIONS AND LOADS, SUBSEQUENT CONVICTIONS OF CERTAIN OFFENSES, IMPOSING PENALTIES AND MAKING EDITORIAL CHANGES

Act text

Session of 2024

No. 2024-103

HB 2266

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in rules of the road in general, further providing for racing on highways; in enforcement, further providing for disposition of impounded vehicles, combinations and loads; in penalties and disposition of fines, further providing for subsequent convictions of certain offenses; imposing penalties; and making editorial changes.

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

Section 1. Sections 1532(b)(1), 1542(b)(2), 1553(d)(11) and 3367 of Title 75 of the Pennsylvania Consolidated Statutes are amended to read:

§ 1532. Suspension of operating privilege.

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(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 and trafficways ).

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).

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§ 1542. Revocation of habitual offender's license.

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(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:

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(2) Any violation of section 3367 (relating to racing on highways and trafficways ).

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§ 1553. Occupational limited license.

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(d) Unauthorized issuance.--The department shall prohibit issuance of an occupational limited license to:

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(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 and trafficways ).

Any violation of Ch. 37 Subch. B (relating to serious traffic offenses) or C (relating to accidents and accident reports).

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§ 3367. Racing on highways and trafficways .

(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.

"Drifting." The act of steering a vehicle in a turn in an attempt to make the rear wheel or wheels of the vehicle lose traction and create a controlled or uncontrolled skid sideways.

"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 or trafficway 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.

(b.1) Drifting.--No person shall engage in the drifting of a vehicle on a highway or trafficway.

(c) Permits for special activities.--The department or local 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.] Penalties.--

(1) A person violating subsection (b) commits a summary offense and shall, upon conviction for a first offense, be sentenced to pay a fine of $500.

(2) A person violating subsection (b) commits a summary offense and shall, upon conviction for a second or subsequent offense, be sentenced to pay a fine of not more than $2,000 or imprisonment for not more than six months, or both, and the vehicle or combination used in the commission of the offense shall be subject to an impoundment order for up to six months as follows:

(i) The impoundment of the vehicle or combination shall occur within the county where the offense was committed.

(ii) Direct enforcement of the impoundment order shall be conducted by a police officer, constable or impoundment official as directed by the judicial authority. In a city of the first class, second class, second class A and third class, the impoundment official shall be a parking authority of the municipality as authorized under section 6109 (relating to specific powers of department and local authorities) and 53 Pa.C.S. Ch. 55 (relating to parking authorities).

(iii) Except in a city 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 owners of the vehicle or combination and any lienholders and, if applicable, any owners of the load, if the names and addresses of the owners and lienholders are known or can be ascertained by investigation. In a city 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 owners and lienholders of the vehicle or combination using reasonably available State databases.

(iv) The costs of a police officer, constable or impoundment official, appropriate law enforcement officer or the Philadelphia Parking Authority and all reasonable storage costs and all other reasonable costs incident to the impounding under subsections (b) and (c) shall be recoverable in addition to costs of prosecution.

(v) The owners of the vehicle or combination which has been subject to an impoundment order may obtain possession of the vehicle or combination upon the expiration or termination of the impoundment order as provided under this section by:

(A) Furnishing proof of valid registration and financial responsibility.

(B) Paying all costs and reasonable fees associated with the impoundment order or making arrangements with the appropriate judicial authority to make payment of all costs and reasonable fees by installments as provided by the Pennsylvania Rules of Criminal Procedure.

(vi) Any impounded vehicle or combination not recovered within 30 days of the expiration or termination of the impoundment order under this subsection may be sold as an unclaimed vehicle under section 6310 (relating to disposition of impounded vehicles, combinations and loads).

(vii) A vehicle shall not be subject to an impoundment order under this subsection if:

(A) The vehicle was reported to a police department as stolen and was not recovered prior to the time the violation under this section occurred.

(B) The vehicle is a rental vehicle which shall be immediately returned to the entity which issued the rental agreement.

(viii) An impoundment order issued under this subsection shall be immediately terminated by a court of competent jurisdiction if the owners of the vehicle submit evidence providing that the owners of the vehicle were not driving at the time of the violation. This subparagraph shall not apply if it is determined that:

(A) the owners were present when the violation occurred; or

(B) the owners knowingly gave actual physical control of the movement of the vehicle to another person and had knowledge that the vehicle would be used to commit a violation under subsection (b).

(ix) An impoundment order issued under this subsection shall be immediately terminated by a court of competent jurisdiction if the conviction under subsection (b) is vacated, overturned, dismissed or withdrawn, or for which an individual has been pardoned.

(x) For the purposes of this subsection, the lessee or lessor of a leased vehicle or a lienholder shall be considered the owner of a vehicle.

(3) A person violating subsection (b.1) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $250.

(4) A person that knowingly organizes, controls or finances two or more persons in a course of conduct that violates subsection (b) or (b.1) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $1,000 per vehicle engaged in the conduct that violates subsection (b) or (b.1).

(5) A person that knowingly organizes, controls or finances two or more persons in a course of conduct that violates subsection (b) or (b.1) that results in the serious bodily injury or death of an individual commits a felony of the third degree.

Section 2. Section 6310(b) of Title 75 is amended and the section is amended by adding a subsection to read:

§ 6310. Disposition of impounded vehicles, combinations and loads.

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(b) Sale of unclaimed vehicle or load.--[In] Except in a city of the first class, 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, or for a period of 30 days after the expiration or termination of the impoundment order under section 3367 (relating to racing on highways and trafficways), 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 or prior to the 30-day period after the expiration or termination of the impoundment order under section 3367 and, if impractical to do so, without giving notice to the owners, lienholders or secured parties.

(b.1) 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 or for a period of 30 days after the expiration or termination of the impoundment order under section 3367, it shall be sold at a public sale by the Philadelphia Parking Authority upon order of the issuing authority and after 10 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 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 or prior to the 30-day period after the expiration or termination of the impoundment order under section 3367 and, if impractical to do so, without giving notice to the owners, lienholders or secured parties.

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Section 3. Section 6503(a) of Title 75 is amended to read:

§ 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).

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Section 4. This act shall take effect in 11 months.

APPROVED--The 16th day of October, A.D. 2024.

JOSH SHAPIRO