Pennsylvania Act 1994-170 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
                 Act of Dec. 28, 1994, P.L. 1441, No. 170             Cl. 75
                             Session of 1994
                               No. 1994-170

     SB 1823

                                  AN ACT

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, providing for a special preserve our heritage
        registration plate, for a Flagship Niagara commemorative
        registration plate and for a zoological plate; further
        providing for availability, scope and amount of coverage, for
        fines for parking violations relating to parking spaces which
        are reserved for people who have a qualifying handicap and
        for the use of safety helmets by pedalcycle users;
        establishing the Pedalcycle Helmet Fund; and providing for
        civil immunity.

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

        Section 1.  Title 75 of the Pennsylvania Consolidated
     Statutes is amended by adding sections to read:
      § 1353.  Preserve our heritage registration plate.
        The department, in consultation with the Pennsylvania
     Historical and Museum Commission, shall design a special
     preserve our heritage registration plate. Upon receipt of an
     application, accompanied by a fee of $35 which shall be in
     addition to the annual registration fee, the department shall
     issue the plate for a passenger car, motor home, trailer or
     truck with a gross vehicle weight rating of not more than 9,000
     pounds. The Historical Preservation Fund shall receive $15 of
     each additional fee for this plate.
      § 1354.  Flagship Niagara commemorative registration plate.
        (a)  Plate.--The department, in consultation with the
     Pennsylvania Historical and Museum Commission, shall design a
     Flagship Niagara commemorative registration plate. Upon
     application of any person, accompanied by a fee of $35 which
     shall be in addition to the annual registration fee, the
     department shall issue the plate for a passenger car, motor
     home, trailer or truck with a registered gross weight of not
     more than 9,000 pounds.
        (b)  Use of fee.--Of each fee paid under subsection (a), $15
     shall be deposited into the Flagship Niagara Account, which is
     established as a special account in the Historical Preservation
     Fund of the Pennsylvania Historical and Museum Commission. The
     commission shall administer the account as follows:
            (1)  To preserve, maintain and operate the Flagship
        Niagara.
            (2)  After making a determination that there has been
        compliance with paragraph (1) for a fiscal year, to
        contribute to the fund.
      § 1355.  Zoological plate.
        The department, in consultation with the Pennsylvania
     Zoological Council, shall design a special zoological
     registration plate. Upon application of any person, accompanied
     by a fee of $35 which shall be in addition to the annual
     registration fee, the department shall issue the plate for a
     passenger car or truck with a gross vehicle weight rating of not
     more than 9,000 pounds. The Zoological Enhancement Fund shall
     receive $15 of the fee paid by the applicant for the plate.
        Section 2.  Section 1731 of Title 75 is amended by adding a
     subsection to read:
      § 1731.  Availability, scope and amount of coverage.
        * * *
        (b.1)  Limitation of rejection.--Uninsured motorist coverage
     cannot be rejected on motor vehicle liability insurance policies
     written for vehicles referred to as "common carriers by motor
     vehicle" as defined in 66 Pa.C.S. § 102 (relating to
     definitions). Uninsured motorist protection may be rejected for
     the driver and passengers for rental or lease vehicles which are
     not otherwise common carriers by motor vehicle, but such
     coverage may only be rejected if the rental or lease agreement
     is signed by the person renting or leasing the vehicle and
     contains the following rejection language:
                Rejection of Uninsured Motorist Protection
            I am rejecting uninsured motorist coverage under this
            rental or lease agreement, and any policy of insurance or
            self-insurance issued under this agreement, for myself
            and all other passengers of this vehicle. Uninsured
            coverage protects me and other passengers in this vehicle
            for losses and damages suffered if injury is caused by
            the negligence of a driver who does not have any
            insurance to pay for losses and damages.
        * * *
        Section 3.  Section 3354 of Title 75 is amended by adding a
     subsection to read:
      § 3354.  Additional parking regulations.
        * * *
        (g)  Special penalty; disposition.--
            (1)  In addition to any other penalty imposed under this
        section, any person who is convicted of violating subsection
        (d)(2) or (3) shall be sentenced to pay a fine of $50.
            (2)  All fines collected under this subsection shall be
        disposed of as follows:
                (i)  Ninety-five percent shall be paid to the
            Department of Revenue, transmitted to the Treasury
            Department and credited to the Department of Public
            Welfare for use for the Attendant Care Program.
                (ii)  Five percent shall be paid to the municipality
            in which the offense occurred.
        Section 4.  Section 3510 of Title 75 is amended to read:
      § 3510.  Pedalcycle helmets for certain persons.
        (a)  General rule.--[No person operating a pedalcycle shall
     allow any person who is five years of age or younger to] A
     person under 12 years of age shall not operate a pedalcycle or
     ride as a passenger on a pedalcycle unless [that passenger] the
     person is wearing a pedalcycle helmet meeting the standards of
     the American National Standards Institute or of the Snell
     Memorial Foundation's Standards for Protective Headgear for Use
     in Bicycling. 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)  Proof of purchase.--The first violation of subsection
     (a) by any person may be dismissed by the court if the person
     charged produces proof that a helmet meeting the standards
     prescribed in subsection (a) has been purchased for use by the
     passenger five years of age or younger.]
        (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.
        (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. [Persons age 17 and
     under shall not be subject to the penalty provisions of this
     subsection on the first offense.] 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.  Title 75 is amended by adding sections to read:
      § 3512.  Pedalcycle Helmet Fund.
        The Pedalcycle Helmet Fund is established in the General Fund
     as a special restricted receipts account earmarked for and
     appropriated to the Department of Transportation. This fund
     shall consist of all fines deposited pursuant to section 3510
     (relating to pedalcycle helmets for certain persons), all
     Federal funds granted for such use and any money donated to the
     fund. All money in the Pedalcycle Helmet Fund shall be used
     solely for the purpose of purchasing pedalcycle helmets meeting
     the standards of the American National Standards Institute or of
     the Snell Memorial Foundation's Standards for Protective
     Headgear for use in bicycling and making such helmets available
     to qualified loaner programs within this Commonwealth. A
     qualified loaner program shall be one determined by the
     department to lend approved pedalcycle helmets to parents or
     legal guardians of children under 12 years of age who, due to
     financial or economic hardship, are unable to comply with the
     provisions of section 3510. The department shall adopt such
     regulations as are necessary to effectuate the purpose of this
     section.
      § 3513.  Civil immunity for lenders of pedalcycle helmets.
        No person or organization who or which lends to another
     person or organization a pedalcycle helmet, as described in
     section 3510 (relating to pedalcycle helmets for certain
     persons), shall be liable for any civil damages resulting from
     any act or omission, except any act or omission intentionally
     designed to harm or any grossly negligent act or omission
     resulting in harm to another.
        Section 6.  This act shall take effect as follows:
            (1)  The addition of 75 Pa.C.S. § 1353 shall take effect
        in 120 days.
            (2)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 28th day of December, A. D. 1994.

     ROBERT P. CASEY