act-2006-0-113•Pennsylvania Act 2006-113 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 2006-113 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
act-2006-0-1132006 Pa. Act 113Law
Act text
VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Jul. 10, 2006, P.L. 1086, No. 113 Cl. 75
Session of 2006
No. 2006-113
HB 804
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for an electronic titling
program, for suspension of registration upon sixth unpaid
parking violation in cities of the first class, for
unattended children in motor vehicles, for fleeing or
attempting to elude police officer and for exemption from
additional requirements for highway occupancy permits for
agricultural purposes; and providing for levy and imposition
of surcharge in cities of the first class.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1151 of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1151. Electronic media system for vehicle titles.
(a) Initial responsibilities of department.--The department
is authorized to form a task force for the purpose of developing
a system which will permit the voluntary recording of vehicle
title information for new, transferred and corrected
certificates of title, including the perfection and release of
security interests, through electronic media in a cost-effective
manner in lieu of the submission and maintenance of paper
documents otherwise required by this chapter. The members of the
task force shall be appointed by the secretary and shall include
representatives from the department, the commercial banking
industry, sales finance companies, credit unions, savings
institutions and the vehicle dealership industry.
(b) Task force responsibilities.--The task force shall
research methods whereby the department, lending institutions
and sales finance companies may exchange and maintain
information concerning the perfection and release of vehicle
security interests without submitting or receiving the paper
title document. Further, the task force shall develop methods
whereby lending institutions and sales finance companies may
submit, through a variety of electronic media, updated
information pertaining to the title record, including the
addition, assignment or release of vehicle security interests.
(c) Expiration.--This section expires January 1, 2007.
Section 2. Title 75 is amended by adding a section to read:
§ 1151.1. Program.
(a) General rule.--The department shall administer an
electronic titling program that permits the recording of vehicle
title information for new, transferred and corrected
certificates of title through electronic media in a cost-
effective manner in lieu of the submission and maintenance of
paper documents otherwise required by this chapter.
(b) Description.--The electronic titling program shall
include, but not be limited to, methods by which vehicle title
information, including the perfection, release and assignment of
vehicle security interests, may be submitted through electronic
media.
(c) Mandatory participation.--Except for individuals and
lienholders who are not normally engaged in the business or
practice of financing vehicles, lienholders shall participate in
the electronic titling program.
Section 3. Sections 1152, 1154, 1379(b.1), 3327 and
3701.1(b) of Title 75 are amended to read:
§ 1152. Development of pilot program.
(a) Pilot program development.--The task force appointed
under section 1151 (relating to electronic media system for
vehicle titles) shall develop a pilot program to implement
voluntary electronic transactions in lieu of the paper documents
required by this chapter. The department may limit the number of
counties in which the pilot program will be in effect and may
also limit the number of lending institutions and sales finance
companies participating in the program, but shall encourage
lending institutions and sales finance companies of various
sizes to participate.
(b) Expiration.--This section expires January 1, 2007.
§ 1154. Expansion of pilot program.
(a) Pilot program expansion.--If, after 12 months of
operation, the secretary certifies in the Pennsylvania Bulletin
that the pilot program created under section 1152 (relating to
development of pilot program) has been successful, the
department shall promulgate regulations governing voluntary
electronic media transactions in lieu of submission and
maintenance of paper documents otherwise required by this
chapter. Until the regulations are adopted, the department may
maintain and expand the pilot program provided for in section
1152.
(b) Expiration.--This section expires January 1, 2007.
§ 1379. Suspension of registration upon sixth unpaid parking
violation in cities of the first class.
* * *
(b.1) Notice by the parking authority.--Prior to notifying
the department under subsection (b), the parking authority shall
provide the owner or registrant written notice by [certified
mail, return receipt requested,] first class mail of its intent
to seek suspension of the vehicle registration pursuant to this
section.
* * *
§ 3327. Duty of driver in emergency response areas.
(a) General rule.--When approaching or passing an emergency
response area, [no person shall drive a vehicle:
(1) at a speed greater than is reasonable and prudent
under the conditions, having regard to the actual and
potential hazards then existing; or
(2) in disobedience of instructions or indications
relating to traffic flow which are made, either verbally or
through the use of signs, flares, signals, lights or other
traffic control devices, by law enforcement personnel or
emergency service responders.] a person, unless otherwise
directed by an emergency service responder, shall:
(1) pass in a lane not adjacent to that of the emergency
response area, if possible; or
(2) if passing in a nonadjacent lane is impossible,
illegal or unsafe, pass the emergency response area at a
careful and prudent reduced speed reasonable for safely
passing the emergency response area.
(b) Penalty.--Any person violating subsection (a) commits a
summary offense and shall, upon conviction, pay a fine of [$85]
not more than $250.
(b.1) Suspension of operating privilege.--The department
shall suspend the operating privilege of any person for 90 days
upon receiving a certified record of the driver's conviction,
adjudication of delinquency or admission into a preadjudication
program for a violation of subsection (a), if the certified
conviction indicates the violation resulted in serious injury to
another person. The license shall be surrendered in accordance
with section 1540 (relating to surrender of license).
(c) Marking.--An emergency response area shall be clearly
marked with road flares, caution signs or any other traffic-
control device which law enforcement officials may have at their
immediate disposal[.] or visual signals on vehicles meeting the
requirements of subchapter D of Chapter 45 (relating to
equipment of authorized and emergency vehicles).
(d) Reports by emergency service responders.--
(1) An emergency service responder observing a violation
of subsection (a) may prepare a written, signed report which
indicates that a violation has occurred. To the extent
possible, the report shall include the following information:
(i) Information pertaining to the identity of the
alleged violator.
(ii) The license number and color of the vehicle
involved in the violation.
(iii) The time and approximate location at which the
violation occurred.
(iv) Identification of the vehicle as an automobile,
station wagon, motor truck, motor bus, motorcycle or
other type of vehicle.
(2) Within 48 hours after the violation occurs, the
emergency service responder shall deliver a copy of the
report to a police officer having authority to exercise
police power in the area where the violation occurred. If the
police officer believes that the report established a
sufficient basis for the issuance of a citation, the officer
shall file a citation and a copy of the report with the
issuing authority. If the issuing authority determines that
the report and citation establish a sufficient basis for the
issuance of a summons, a summons shall be issued in
accordance with general rules governing the institution of
proceedings in summary traffic offense cases. The issuing
authority shall send the defendant a copy of the citation,
together with a statement that it was filed by the police
officer named in the citation on the basis of information
received.
(3) A person may institute a proceeding pursuant to this
subsection or in accordance with any means authorized by the
Pennsylvania Rules of Criminal Procedure.
(e) Fines to be doubled.--In addition to any penalty as
provided in subsection (b), the fine for any of the following
violations when committed in an emergency response area manned
by emergency service responders shall be double the usual
amount:
Section 3102 (relating to obedience to authorized persons
directing traffic).
Section 3111 (relating to obedience to traffic-control
devices).
Section 3114 (relating to flashing signals).
Section 3302 (relating to meeting vehicle proceeding in
opposite direction).
Section 3303 (relating to overtaking vehicle on the
left).
Section 3304 (relating to overtaking vehicle on the
right).
Section 3305 (relating to limitations on overtaking on
the left).
Section 3306 (relating to limitations on driving on left
side of roadway).
Section 3307 (relating to no-passing zones).
Section 3310 (relating to following too closely).
Section 3312 (relating to limited access highway
entrances and exits).
Section 3323 (relating to stop signs and yield signs).
Section 3325 (relating to duty of driver on approach of
emergency vehicle).
Section 3361 (relating to driving vehicle at safe speed).
Section 3707 (relating to driving or stopping close to
fire apparatus).
Section 3710 (relating to stopping at intersection or
crossing to prevent obstruction).
Section 3714 (relating to careless driving).
Section 3736 (relating to reckless driving).
Section 3802 (relating to driving under influence of
alcohol or controlled substance).
(e.1) Public awareness.--The department shall educate the
public of the provisions of this section as it deems
appropriate.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Emergency response area." The area in which emergency
service responders render emergency assistance to individuals on
or near a roadway[.] or a police officer is conducting a traffic
stop or systematic check of vehicles as long as the emergency
vehicle is making use of visual signals meeting the requirements
of subchapter D of Chapter 45.
"Emergency service responder." An individual acting in an
official capacity as police officer, sheriff, deputy sheriff,
coroner, deputy coroner, firefighter, fire police, fire marshal,
medical examiner, deputy medical examiner, rescue personnel,
ambulance personnel, towing and recovery personnel, highway
maintenance and construction personnel, hazardous material
response team member or emergency medical service personnel.
"Serious injury." A personal injury resulting in death,
serious impairment of body function or permanent serious
disfigurement.
§ 3701.1. Leaving an unattended child in a motor vehicle.
* * *
(b) Penalty.--A person who violates this section commits a
summary offense. It is a separate offense for each child left
unattended.
Section 4. Section 3733(a) of Title 75 is amended and the
section is amended by adding a subsection to read:
§ 3733. Fleeing or attempting to elude police officer.
(a) Offense defined.--Any driver of a motor vehicle who
willfully fails or refuses to bring his vehicle to a stop, or
who otherwise flees or attempts to elude a pursuing police
officer, when given visual or audible signal to bring the
vehicle to a stop, commits [a misdemeanor of the second degree.
Any driver upon conviction shall pay an additional fine of $500.
This fine shall be in addition to and not in lieu of all other
fines, court expenses, jail sentences or penalties] an offense
as graded in subsection (a.2).
* * *
(a.2) Grading.--
(1) Except as provided in paragraph (2), an offense
under subsection (a) constitutes a misdemeanor of the second
degree. Any driver upon conviction shall pay an additional
fine of $500. This fine shall be in addition to and not in
lieu of all other fines, court expenses, jail sentences or
penalties.
(2) An offense under subsection (a) constitutes a felony
of the third degree if the driver while fleeing or attempting
to elude a police officer does any of the following:
(i) commits a violation of section 3802 (relating to
driving under influence of alcohol or controlled
substance);
(ii) crosses a State line; or
(iii) endangers a law enforcement officer or member
of the general public due to the driver engaging in a
high-speed chase.
* * *
Section 5. Section 6103.1 of Title 75 is amended to read:
§ 6103.1. Exemption from additional requirements for highway
occupancy permits for agricultural purposes.
The department shall waive all additional requirements for a
highway occupancy permit in a fifth through eighth class county
when all of the following conditions exist:
(1) The State highway has an overall width of at least
33 feet.
(2) Not more than [five] 25 combination vehicles per
week will access the highway.
(3) The lack of sufficient land is not the result of a
subdivision within ten years by the applicant.
(4) The waiver is necessary for the expansion or
creation of an agricultural operation which lacks other
highway access points that could be permitted without waiver.
(5) The applicant does not hold fee simple title to land
necessary to provide access without this waiver.
(6) The State highway has an average daily travel of
less than 6,500 vehicles per day.
(7) The highway access point has a sight distance of at
least 500 feet.
Section 6. Title 75 is amended by adding a section to read:
§ 6507. Levy and imposition of surcharge in cities of the
first class.
In addition to any fines, fees or penalties levied or imposed
as provided by law, under any statute or local ordinance, and
upon finding or admission of liability, a surcharge shall be
levied on any parking violation notice or citation issued in a
city of the first class pursuant to the enforcement and
administration of a system of on-street parking in the amount of
$1 for disposition to an account created pursuant to 53 Pa.C.S.
§ 5708(a) (relating to fund) for purposes of funding costs of a
parking authority of a city of the first class associated with
53 Pa.C.S. Ch. 57 (relating to taxicabs and limousines in first
class cities).
Section 7. This act shall take effect as follows:
(1) The addition of 75 Pa.C.S. § 1151.1(c) shall take
effect in two years.
(2) The addition or amendment of 75 Pa.C.S. §§ 1379 and
6507 shall take effect immediately.
(3) This section shall take effect immediately.
(4) The remainder of this act shall take effect in 60
days.
APPROVED--The 10th day of July, A. D. 2006.
EDWARD G. RENDELL
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