SNOWMOBILE LAW - REPEALED — 1971 Pa. Act 75 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 45, 444, 1535, PRINTER'S NO. 1604
1571
INTRODUCED BY MESSRS. HOPKINS, HETRICK, W. W. ALLEN, ALEXANDER,
WESTERBERG, SCHMITT, KAHLE, LEHR, DOMBROWSKI, BELLOMINI,
D. S. HAYES, R. W. WILT, SHELHAMER, HASKELL, SMITH, HOMER,
RITTER, HUTCHINSON, W. W. WILT AND BUTERA, JANUARY 7, 1971
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JULY 27, 1971
AN ACT
1 Regulating snowmobiles, providing for permits REGISTRATIONS AND <--
2 fees, creating an advisory board in the Department of <--
3 Environmental Resources, and providing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Definitions.--As used in this act, the following
7 words and phrases have the designated meanings unless a
8 different meaning is expressly provided or the context clearly
9 indicates a different meaning:
10 (1) "Department" means the Department of Revenue <--
11 ENVIRONMENTAL RESOURCES of this Commonwealth. <--
12 (2) "COWLING" MEANS THE FORWARD PORTION OF THE SNOWMOBILE <--
13 USUALLY OF FIBERGLASS, OR SIMILAR MATERIAL, SURROUNDING THE
14 MOTOR AND CLUTCH ASSEMBLY.
15 (3) "DEALER" MEANS A PERSON, PARTNERSHIP, OR CORPORATION
16 ENGAGED IN THE BUSINESS OF SELLING SNOWMOBILES AT WHOLESALE OR
1 RETAIL.
2 (2) (4) "Head lamp" means a major lighting device used to <--
3 provide general illumination ahead of a vehicle.
4 (3) (5) "Highway" means the entire width between the <--
5 boundary lines of every way publicly maintained when any part
6 thereof is open to the use of the public for purposes of
7 vehicular travel.
8 (4) (6) "Secretary" means the Secretary of Revenue <--
9 ENVIRONMENTAL RESOURCES of this Commonwealth. <--
10 (5) (7) "Snowmobile" means any engine-driven vehicle of a <--
11 type which utilizes sled type runners, or skis, or an endless
12 belt tread or any combination of these or other similar means of
13 contact with the surface upon which it is operated, but does not
14 include any farm tractor, highway or other construction
15 equipment, or any military or law enforcement vehicle.
16 (6) (8) "Street" means every highway within the corporate <--
17 limits of a political subdivision except alleys.
18 (7) (9) "Tail lamp" means a device to designate the rear of <--
19 a vehicle by a warning light.
20 Section 2. Document of Titles. REGISTRATION.--(A) Upon <--
21 application therefor upon a form prescribed and furnished by the
22 department which shall contain a full description of the
23 snowmobile, the actual and bona fide name and address of the
24 owner, proof of ownership and any other information he may
25 reasonably require and which shall be accompanied by an <--
26 application for a permit and the permit fee required under the <--
27 provisions of this act, the secretary shall issue a document of <--
28 title CERTIFICATE OF REGISTRATION of a snowmobile to the owner. <--
29 (B) FEES FOR REGISTRATION OF SNOWMOBILES, TO BE COLLECTED BY <--
30 THE SECRETARY UNDER THIS ACT ARE AS FOLLOWS:
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1 (1) A FEE OF FIVE DOLLARS ($5) FOR EACH INDIVIDUAL RESIDENT
2 REGISTRATION.
3 (2) A FEE OF FIVE DOLLARS ($5) FOR EACH INDIVIDUAL
4 NONRESIDENT REGISTRATION.
5 (3) A FEE OF TWENTY-FIVE DOLLARS ($25) FOR EACH DEALER
6 REGISTRATION.
7 (4) A FEE OF ONE DOLLAR ($1) FOR REPLACEMENT OF LOSS,
8 MUTILATED OR DESTROYED CERTIFICATE.
9 (C) ANY PERSON WHO IS IN THE BUSINESS OF SELLING SNOWMOBILES
10 SHALL REGISTER AS A DEALER. THE SECRETARY, UPON RECEIPT OF
11 APPLICATION AND THE REQUIRED FEE, SHALL ASSIGN A DISTINGUISHING
12 DEALER REGISTRATION NUMBER TO THE REGISTRANT AND ISSUE
13 APPROPRIATE REGISTRATION CERTIFICATE TO HIM. DEALER
14 REGISTRATIONS ARE NOT TRANSFERABLE.
15 Section 3. Permits.--(a) The owner of a snowmobile, except <--
16 as otherwise in this act provided, shall apply to the county
17 treasurer of his respective county on a form prescribed by the
18 department for a permit for such snowmobile. The application
19 shall contain the names and addresses of all the owners of the
20 snowmobile, shall be accompanied by a fee of five dollars ($5)
21 and an additional fee of twenty cents (20¢) for the issuing,
22 recording and reporting said permit fees. The county treasurers
23 of the several counties of the Commonwealth shall be agents of
24 the Commonwealth for the collection of said permit fees. The
25 agent shall be allowed to retain the amount of the additional
26 fee of twenty cents (20¢) from the amount received from each
27 applicant and shall remit the permit fee to the State Treasurer
28 through the Department of Revenue. THE PERMIT SHALL BE RENEWED <--
29 ANNUALLY WITH THE PAYMENT OF AN ANNUAL FEE OF FIVE DOLLARS ($5).
30 Permits SECTION 3. CERTIFICATES OF REGISTRATION.--(A) <--
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1 CERTIFICATES OF REGISTRATION and three FIVE inch high decals <--
2 treated with special materials so as to make them reflective
3 which shall bear a number assigned to the snowmobile, shall be
4 issued to the applicant. The decals shall be displayed on BOTH <--
5 SIDES OF the cowling of the snowmobile for which issued. No
6 number other than the number assigned to a snowmobile by the
7 department or the identification number of the registration in
8 another state shall be attached to or displayed on the cowling.
9 The permit CERTIFICATE OF REGISTRATION issued for a snowmobile <--
10 shall expire and the decal shall become invalid when title to
11 the snowmobile is transferred.
12 The department shall prepare and furnish to the treasurers of <--
13 each county of the Commonwealth numbered decals which shall bear
14 the name of the county where issued and a serial number
15 corresponding to the number on the permit issued to the owner.
16 The secretary shall maintain a central file of the permit <--
17 CERTIFICATE OF REGISTRATION number, name and address of the <--
18 owner of each snowmobile for which a permit CERTIFICATE OF <--
19 REGISTRATION is issued and such information shall be made
20 available to all enforcement agencies.
21 (b) Except as hereinafter provided, it shall be unlawful to
22 operate a snowmobile unless a permit CERTIFICATE OF REGISTRATION <--
23 has been issued therefor and unless there is displayed thereon a
24 decal.
25 Permits CERTIFICATES OF REGISTRATION and decals shall be <--
26 issued without the payment of a fee, for snowmobiles owned by
27 the Commonwealth of Pennsylvania or a political subdivision
28 thereof or snowmobiles owned by volunteer organizations and used
29 exclusively for emergency purposes, upon application therefor,
30 provided, however, that each such snowmobile shall display the
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1 proper decal issued for it.
2 No permit CERTIFICATE OF REGISTRATION or decal shall be <--
3 required for the following described snowmobiles:
4 (1) Snowmobiles owned and used by the United States, another
5 state, or a political subdivision thereof, but such snowmobiles
6 shall display the name of the owner on the cowling thereof.
7 (2) Snowmobiles covered by a valid registration or license
8 of another state, province or country.
9 (3) Snowmobiles owned and operated on lands owned by the
10 owner or operator or on lands to which he has a contractual
11 right other than as a member of a club or association, provided
12 the snowmobile is not operated elsewhere within the State.
13 The provisions of this act relating to permits CERTIFICATES <--
14 OF REGISTRATION and decals shall not apply to nonresident owners
15 who have complied with the registration and licensing laws of
16 the state, province, district or country of residence, provided
17 that the snowmobile is appropriately identified in accordance
18 with the laws of the state of residence. Nothing in this act
19 shall be construed to authorize the operation of any snowmobile
20 contrary to the provisions of this act.
21 (c) None of the provisions of the act shall apply to duly
22 constituted law enforcement officers while in the performance of
23 their official duties.
24 Section 4. Operation.--(a) No person shall operate a
25 snowmobile upon any highway or cross any highway other than to
26 drive across a two-lane highway, and then only after stopping
27 and yielding the right of way to all vehicles approaching on the
28 highway.
29 (b) A snowmobile may make a direct crossing of a street or
30 two-lane highway provided:
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1 (1) The crossing is made at an angle of approximately ninety
2 degrees to the direction of the highway and at a place where no
3 obstruction prevents a quick and safe crossing; and
4 (2) The snowmobile is brought to a complete stop before
5 crossing the shoulder or main traveled way of the highway; and
6 (3) The driver yields the right-of-way to all oncoming
7 traffic which constitutes an immediate hazard; and
8 (4) In crossing a divided highway, the crossing is made only
9 at an intersection of such highway with another public street or
10 highway.
11 (c) Except as otherwise provided in this act, it shall be
12 unlawful to operate a snowmobile on any street or highway which
13 is not designated and posted as a snowmobile road by the
14 governmental agency having jurisdiction.
15 (d) Snowmobiles may be operated on highways and streets
16 during periods of emergency when so declared by a policy agency
17 having jurisdiction.
18 (e) Snowmobiles may be operated on highways and streets when
19 necessary to cross a bridge or culvert.
20 (f) Snowmobiles may be operated on highways and streets for
21 special snowmobile events of limited duration which are
22 conducted according to a prearranged schedule under permit from
23 the governmental unit having jurisdiction.
24 Section 5. Snowmobile Races, Rallies and Derbies.--Any
25 political subdivision may block off the streets of such
26 political subdivision for the purpose of allowing snowmobile
27 races, rallies or derbies but the political subdivision shall
28 not be responsible for any injury suffered by anyone in
29 connection with, or arising out of, any such race, rally or
30 derby unless the injury is caused by the negligence of such
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1 political subdivision. No State trunk highway or connecting
2 street or part thereof, shall be blocked off by any political
3 subdivision for any snowmobile race, rally or derby. Every
4 political subdivision shall notify the local police department
5 and the county sheriff's office at least one week in advance of
6 the time and place of any snowmobile race, rally or derby which
7 may result in any street or part thereof, of the political
8 subdivision being blocked off. Upon such notice, the local
9 police department shall take such measures as it deems
10 appropriate to protect persons and property and to regulate
11 traffic in the designated area and its vicinity on the day of
12 such race or derby.
13 Section 6. Operation by Persons Under Age Sixteen.--(a) No
14 person under the age of sixteen shall drive a snowmobile across
15 any highway or connecting street thereto.
16 (b) No person under the age of ten years shall operate a
17 snowmobile without the knowledge and express consent of the land
18 owner unless he is accompanied by a person over eighteen years
19 of age or a person over fourteen years of age who hold a
20 snowmobile safety certificate.
21 (c) On and after February 1, 1972, except as provided in
22 this section, no person ten years and over and who has not
23 reached his sixteenth birthday shall operate a snowmobile in the
24 State, except upon lands of his parent or guardian unless and
25 until he has received safety training as prescribed by the
26 Department of Environmental Resources DEPARTMENT and has <--
27 received the appropriate snowmobile safety certificate issued by
28 the secretary.
29 (d) The failure of such a youthful operator to exhibit a
30 snowmobile safety certificate upon demand to any police officer
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1 having authority to enforce the provisions of this act, shall be
2 presumptive evidence that such person is not the holder of such
3 certificate.
4 (e) After February 1, 1972, no owner of a snowmobile shall
5 authorize or permit the operation thereof within the State by
6 any person under the age of sixteen years unless the operator is
7 the holder of a valid snowmobile safety certificate or except as
8 authorized by subsection (c) of this section.
9 (f) The Secretary of Environmental Resources SECRETARY may <--
10 authorize sanctioned snowmobile clubs to act as his agents in
11 conducting classes and examinations and issuing snowmobile
12 safety certificates in his name.
13 Section 7. Accident Reports.--(a) The operator of any
14 snowmobile involved in any accident resulting in injuries to or
15 death of any person or property damage to the estimated amount
16 of one hundred dollars ($100) or more is sustained, shall within
17 seven days after such accident report the matter in writing to
18 the department. If such operator is physically incapable of
19 making such report and there is another participant in the
20 accident not so incapacitated, such participant shall make the
21 report within the allotted time after such accident. In the
22 event that there is no other participant and the operator is
23 other than the owner, then the owner shall within the prescribed
24 period of time, after learning of the facts of such accident,
25 report the matter to the department, together with such
26 information as may have come to his knowledge relating to such
27 accident. Every such operator of a snowmobile, or surviving
28 participant of any such accident, or the owner of the snowmobile
29 involved in any such accident, shall make such other and
30 additional reports as the department shall require. The
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1 provisions of this section shall not apply when property damage
2 is sustained in sanctioned snowmobile races, derbies and
3 rallies.
4 (b) Whenever any snowmobile meets with an accident involving
5 a loss of life, personal injury or damage to property and the
6 operator thereof has knowledge of such accident, he shall stop
7 and give his name and address, the name and address of the owner
8 thereof and the permit number of the snowmobile to the injured
9 person or the person sustaining the damage, or to a police
10 officer, or in case no police officer nor the person sustaining
11 the damage is present at the place where the damage occurred
12 then he shall immediately report as soon as physically able, the
13 same to the nearest law enforcement agency.
14 (c) A law enforcement officer who investigates or receives
15 information of an accident involving a snowmobile shall make a
16 written report of the investigation or information received, and
17 such additional facts relating to the accident as may come to
18 his knowledge and mail the same within forty-eight hours to the
19 department and keep a record thereof in his office.
20 SECTION 8. LIABILITY FOR NEGLIGENCE.--NEGLIGENCE IN THE USE <--
21 OR OPERATION OF A SNOWMOBILE IS ATTRIBUTABLE TO THE OWNER. EVERY
22 OWNER OF A SNOWMOBILE USED OR OPERATED IN THIS STATE SHALL BE
23 LIABLE AND RESPONSIBLE FOR DEATH OR INJURY TO PERSON OR DAMAGE
24 TO PROPERTY RESULTING FROM NEGLIGENCE IN THE USE OR OPERATION OF
25 SUCH SNOWMOBILE BY ANY PERSON USING OR OPERATING THE SAME WITH
26 THE PERMISSION, EXPRESS OR IMPLIED, OF SUCH OWNER, PROVIDED,
27 HOWEVER, THAT SUCH OPERATOR'S NEGLIGENCE SHALL NOT BE ATTRIBUTED
28 TO THE OWNER AS TO ANY CLAIM OR CAUSE OF ACTION ACCRUING TO THE
29 OPERATOR OR HIS LEGAL REPRESENTATIVE FOR SUCH INJURIES OR DEATH.
30 Section 8 9. Firearms and Bows.--Except as otherwise <--
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1 permitted under the provisions of The Game Law, no person shall
2 operate or ride in any snowmobile with any bow and arrows or
3 with any firearm in his possession unless it is unloaded.
4 Section 9 10. Driving Game Prohibited.--Except as otherwise <--
5 permitted under the provisions of The Game Law, no person shall
6 drive or pursue any wildlife with a snowmobile.
7 Section 10 11. Owner Permitting Operation.--No owner or <--
8 other person having charge or control of a snowmobile shall
9 knowingly authorize or permit any person to operate such
10 snowmobile who is incapable, by reason of age, physical or
11 mental disability, or who is under the influence of intoxicating
12 liquor, fermented malt beverages, narcotics or other drugs.
13 Section 11 12. Head Lamps and Tail Lamps.--(a) Every <--
14 snowmobile operated during hours of darkness, shall display a
15 lighted head lamp and tail lamp. These lights shall be in
16 operation during the period of from one-half hour after sunset
17 to one-half hour before sunrise and at any time when, due to
18 insufficient light or unfavorable atmospheric conditions, caused
19 by fog or otherwise, other persons, vehicles and other objects
20 are not clearly discernible for a distance of five hundred feet
21 ahead.
22 (b) The head lamp shall display a white light of sufficient
23 illuminating power to reveal any person, vehicle or substantial
24 object at a distance of one hundred feet ahead.
25 (c) If the snowmobile is equipped with a multiple beam head
26 lamp, the upper beam shall meet the minimum requirements set
27 forth in subsection (b) of this section, and the lowermost beam
28 shall be so aimed and of sufficient intensity to reveal persons
29 and vehicles at a distance of at least fifty feet ahead.
30 (d) If the snowmobile is equipped with a single beam lamp,
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1 such lamp shall be so aimed that when the vehicle is loaded none
2 of the high intensity portion of the light, at a distance of
3 seventy-five feet ahead, projects higher than the level of the
4 center of the lamp from which it comes.
5 (e) The tail lamp on a snowmobile must display a red light
6 plainly visible during darkness from a distance of five hundred
7 feet.
8 Section 12 13. Brakes.--It shall be unlawful to operate a <--
9 snowmobile which is not equipped with at least one brake
10 operated either by hand or by foot, capable of bringing the
11 snowmobile to a stop, under normal conditions, within fifty feet
12 when traveling at a speed of twenty miles per hour with a
13 hundred fifty pound driver and on hard packed snow. The brake
14 shall be of sound design with the disk or brake drum directly
15 connected or integral with the belt drive shaft and with an
16 internal-expanding brake shoe or engaging disks. The design
17 shall permit simple and easy adjustment to compensate for wear.
18 Section 13 14. Mufflers.--It shall be unlawful to operate a <--
19 snowmobile which is not equipped at all times with a muffler in
20 good working order which blends the exhaust noise into the
21 overall snowmobile noise and is in constant operation to prevent
22 excessive or unusual noise. The exhaust system shall not emit or
23 produce a sharp popping or crackling sound. This section does
24 not apply to organized races or similar competitive events.
25 Section 14 15. Miscellaneous Provisions for Snowmobile <--
26 Operation.--(a) No person shall operate a snowmobile in any of <--
27 the following ways:
28 (1) At a rate of speed that is unreasonable or improper
29 under existing conditions;
30 (2) In any careless way so as to endanger the person or
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1 property of another;
2 (3) While under the influence of intoxicating liquor,
3 fermented malt beverages, narcotics or other drugs.
4 (b) Any person operating a snowmobile upon the land of <--
5 another shall stop and identify himself upon the request of the
6 landowner or his duly authorized representative.
7 (4) ON PRIVATE PROPERTY, WITHOUT THE CONSENT OF THE OWNER OF <--
8 OR LESSOR THEREOF. ANY PERSON OPERATING A SNOWMOBILE UPON LANDS
9 OF ANOTHER SHALL STOP AND IDENTIFY HIMSELF UPON THE REQUEST OF
10 THE LANDOWNER OR HIS DULY AUTHORIZED REPRESENTATIVES, AND, IF
11 REQUESTED TO DO SO BY SAID LANDOWNER SHALL PROMPTLY REMOVE SAID
12 SNOWMOBILE FROM THE PREMISES.
13 SECTION 16. ENFORCEMENT.--(A) EVERY LAW ENFORCEMENT OFFICER
14 IN THE STATE AND DESIGNATED OFFICERS AND EMPLOYES OF THE
15 DEPARTMENT SHALL ENFORCE THIS ACT.
16 (B) THE SECRETARY SHALL BE AUTHORIZED TO PRESCRIBE THE FORM
17 OF SUMMONS AND/OR COMPLAINT ON ALL CASES INVOLVING A VIOLATION
18 OF ANY PROVISION OF THIS ACT OR OF ANY ORDINANCE, RULE OR
19 REGULATION RELATING TO SNOWMOBILES, OR OF ANY CLASS OR CATEGORY
20 OF SUCH CASES, AND TO ESTABLISH PROCEDURES FOR PROPER
21 ADMINISTRATIVE CONTROLS OVER THE DISPOSITION THEREOF.
22 (C) THE CHIEF EXECUTIVE OFFICER OF EACH LOCAL POLICE FORCE
23 INCLUDING COUNTY, MUNICIPALITY AND TOWNSHIP POLICE DEPARTMENTS,
24 SHERIFFS, AND THE COMMISSIONER OF STATE POLICE SHALL PREPARE OR
25 CAUSE TO BE PREPARED SUCH RECORDS AND REPORTS AS MAY BE
26 PRESCRIBED HEREUNDER.
27 (D) THE SECRETARY SHALL HAVE THE POWER TO ADOPT SUCH RULES
28 AND REGULATIONS AS MAY BE DEEMED NECESSARY TO ACCOMPLISH THE
29 PURPOSES AND ENFORCE THE PROVISIONS OF THIS SECTION INCLUDING
30 REQUIREMENTS FOR REPORTING BY TRIAL COURTS HAVING JURISDICTION
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1 OVER SNOWMOBILE VIOLATIONS.
2 (E) ANY PERSON WHO DISPOSES OF ANY UNIFORM SNOWMOBILE
3 SUMMONS AND/OR COMPLAINT IN ANY OTHER MANNER THAN THAT
4 PRESCRIBED BY LAW, RULE OR REGULATION SHALL BE GUILTY OF A
5 MISDEMEANOR.
6 (F) WHEN A SNOWMOBILE SUMMONS HAS BEEN SERVED BY A PEACE
7 OFFICER IN CASES OF VIOLATION OF ANY PROVISION OF THIS ACT OR OF
8 ANY ORDINANCE, RULE OR REGULATION ENACTED PURSUANT THERETO OR
9 PURSUANT TO ANY OTHER LAW RELATING TO SNOWMOBILES, ANY CHIEF,
10 DEPUTY CHIEF, CAPTAIN, LIEUTENANT OR ACTING LIEUTENANT,
11 SERGEANT, OR ACTING SERGEANT OF A POLICE DEPARTMENT, OR ANY
12 SHERIFF, CHIEF DEPUTY, DEPUTY SERGEANT OR DEPUTY IN CHARGE OF
13 SNOWMOBILES MAINTAINED BY ANY SHERIFF IN ANY COUNTY TO WHOM THE
14 SERVICE OF THE SNOWMOBILE SUMMONS IS REPORTED, IS HEREBY
15 AUTHORIZED TO ADMINISTER TO SUCH PEACE OFFICER ALL NECESSARY
16 OATHS IN CONNECTION WITH THE EXECUTION OF THE COMPLAINT TO BE
17 PRESENTED IN COURT BY SUCH PEACE OFFICER IN THE PROSECUTION OF
18 SUCH OFFENSE.
19 SECTION 17. COLLECTION OF PENALTIES.--(A) AN ACTION TO
20 RECOVER ANY PENALTY IMPOSED UNDER THE PROVISIONS OF THIS ACT MAY
21 BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION IN THIS STATE
22 ON ORDER OF THE SECRETARY AND IN THE NAME OF THE PEOPLE OF THE
23 COMMONWEALTH OF PENNSYLVANIA. IN ANY SUCH ACTION ALL PENALTIES
24 INCURRED UP TO THE TIME OF COMMENCING THE ACTION MAY BE SUED FOR
25 AND RECOVERED THEREIN AND THE COMMENCEMENT OF AN ACTION TO
26 RECOVER ANY SUCH PENALTY SHALL NOT BE, OR BE HELD TO BE, A
27 WAIVER OF THE RIGHT TO RECOVER ANY OTHER PENALTY. IN CASE OF
28 RECOVERY OF ANY AMOUNT IN AN ACTION BROUGHT TO RECOVER ANY SUCH
29 PENALTY THE PEOPLE SHALL BE ENTITLED TO RECOVER FULL COSTS, OF
30 COURSE, AND AT THE RATES PROVIDED FOR CIVIL ACTIONS.
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1 (B) NO PERSON SHALL BE EXCUSED FROM TESTIFYING OR PRODUCING
2 ANY BOOKS, PAPERS OR OTHER DOCUMENTS IN ANY CIVIL ACTION TO
3 RECOVER ANY SUCH PENALTY, UPON THE GROUND THAT HIS TESTIMONY
4 MIGHT TEND TO CONVICT HIM OF A CRIME, OR TO SUBJECT HIM TO A
5 PENALTY OR FORFEITURE. BUT NO PERSON SHALL BE PROSECUTED,
6 PUNISHED OR SUBJECTED TO ANY PENALTY OF FORFEITURE FOR OR ON
7 ACCOUNT OF ANY SUCH ACT, TRANSACTION, MATTER OR THING CONCERNING
8 WHICH HE SHALL, UNDER OATH, HAVE TESTIFIED OR PRODUCED
9 DOCUMENTARY EVIDENCE AND NO TESTIMONY SO GIVEN OR PRODUCED SHALL
10 BE RECEIVED AGAINST HIM UPON ANY CRIMINAL INVESTIGATION OR
11 PROCEEDING; PROVIDED, HOWEVER, THAT NO PERSON SO TESTIFYING
12 SHALL BE EXEMPT FROM PROSECUTION OR PUNISHMENT FOR ANY PERJURY
13 COMMITTED BY HIM IN HIS TESTIMONY. NOTHING HEREIN CONTAINED IS
14 INTENDED TO GIVE, OR SHALL BE CONSTRUED AS IN ANY MANNER GIVING,
15 UNTO ANY CORPORATION, IMMUNITY OF ANY KIND.
16 (C) A DEFENDANT CHARGED WITH A VIOLATION OF ANY PROVISION OF
17 THIS ACT MAY HIMSELF PLEAD GUILTY TO THE CHARGE IN OPEN COURT.
18 HE MAY ALSO SUBMIT TO THE JUDGE HAVING JURISDICTION, IN PERSON,
19 BY DULY AUTHORIZED AGENT, OR BY REGISTERED MAIL, A STATEMENT (1)
20 THAT HE WAIVES ARRAIGNMENT IN OPEN COURT AND THE AID OF COUNSEL,
21 (2) THAT HE PLEADS GUILTY TO THE OFFENSE AS CHARGED, (3) THAT HE
22 ELECTS AND REQUESTS THAT THE CHARGE BE DISPOSED OF AND THE FINE
23 OR PENALTY FIXED BY THE COURT, (4) ANY EXPLANATION THAT HE
24 DESIRES TO MAKE CONCERNING THE OFFENSE CHARGED, AND (5) THAT HE
25 MAKES ALL STATEMENTS UNDER PENALTY OR PERJURY. THEREUPON THE
26 JUDGE MAY PROCEED AS THOUGH THE DEFENDANT HAD BEEN CONVICTED
27 UPON A PLEA OF GUILTY IN OPEN COURT, PROVIDED, HOWEVER, THAT ANY
28 IMPOSITION OF FINE OR PENALTY HEREUNDER SHALL BE DEEMED
29 TENTATIVE UNTIL SUCH FINE OR PENALTY SHALL HAVE BEEN PAID AND
30 DISCHARGED IN FULL. IF UPON RECEIPT OF THE AFORESAID STATEMENT
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1 THE JUDGE SHALL DENY THE SAME, HE SHALL THEREUPON NOTIFY THE
2 DEFENDANT OF THIS FACT, AND THAT HE IS REQUIRED TO APPEAR BEFORE
3 THE SAID JUDGE AT A STATED TIME AND PLACE TO ANSWER THE CHARGE
4 WHICH SHALL THEREAFTER BE DISPOSED OF PURSUANT TO THE APPLICABLE
5 PROVISIONS OF LAW.
6 (D) THE COURT OR JUSTICE BEFORE WHOM ANY PERSON SHALL BE
7 TRIED, OR THE CLERK OF THE COURT, SHALL AT THE TERMINATION OF
8 SUCH TRIAL OR PROCEEDING, FORTHWITH MAIL OR DELIVER TO THE
9 DEPARTMENT AT HARRISBURG, A CERTIFIED STATEMENT OF THE
10 DISPOSITION OF THE CASE OR PROCEEDING, GIVING THE DATE THEREOF,
11 THE NAME OF THE DEFENDANT, THE DATE AND PLACE OF THE VIOLATION,
12 THE NAME OF EACH WITNESS SWORN IN SUPPORT OF THE CHARGES AND THE
13 AMOUNT OF THE FINE OR PENALTY PAID.
14 (E) THE PROVISIONS OF THIS SECTION SHALL IN NO WAY PROHIBIT
15 THE PROSECUTION OF VIOLATIONS OF THIS ACT IN ANY COURT OF
16 COMPETENT JURISDICTION IN THE SAME MANNER AS OTHER OFFENSES AND
17 CRIMES.
18 SECTION 18. DISPOSITION OF FEES AND PENALTIES.--(A) ON THE
19 FIRST DAY OF EACH MONTH OR WITHIN TEN DAYS THEREAFTER, ALL FINES
20 AND PENALTIES COLLECTED FOR VIOLATIONS OF THIS ACT, SHALL BE
21 PAID OVER TO THE SECRETARY, WITH A STATEMENT ACCOMPANYING THE
22 SAME, SETTING FORTH THE ACTION OR PROCEEDING IN WHICH SUCH
23 MONEYS WERE COLLECTED, THE NAME AND RESIDENCE OF THE DEFENDANT,
24 THE NATURE OF THE OFFENSE, AND THE FINES AND PENALTY IMPOSED.
25 (B) THE SECRETARY SHALL DEPOSIT ALL MONEYS RECEIVED BY HIM
26 FROM THE REGISTRATION OF SNOWMOBILES, THE SALE OF SNOWMOBILE
27 REGISTRATION INFORMATION, SNOWMOBILE PUBLICATIONS AND OTHER
28 SERVICES PROVIDED BY THE DEPARTMENT, ALL FINES AND PENALTIES
29 RESULTING FROM VIOLATIONS OF THIS ACT AND ALL FEES COLLECTED BY
30 HIM UNDER THIS ACT TO THE CREDIT OF THE GENERAL FUND.
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1 SECTION 19. STATE AID TO MUNICIPALITIES.--(A) EVERY COUNTY,
2 MUNICIPALITY OR TOWNSHIP ENFORCING THE PROVISIONS OF THIS ACT
3 SHALL BE ENTITLED TO RECEIVE STATE AID AS HEREINAFTER PROVIDED.
4 A COUNTY, MUNICIPALITY OR TOWNSHIP SEEKING REIMBURSEMENT FOR
5 EXPENDITURES INCURRED IN ENFORCEMENT OF THIS ACT SHALL SUBMIT TO
6 THE SECRETARY BY JANUARY FIRST OF EACH YEAR AN ESTIMATE OF SUCH
7 EXPENDITURES FOR THE CURRENT FISCAL YEAR, IN SUCH FORM AND
8 CONTAINING SUCH INFORMATION AS THE SECRETARY MAY REQUIRE. WITHIN
9 ONE MONTH AFTER THE CLOSE OF THE FISCAL YEAR, EACH SUCH COUNTY,
10 MUNICIPALITY OR TOWNSHIP SHALL SUBMIT TO THE SECRETARY A
11 STATEMENT OF AUTHORIZED EXPENDITURES ACTUALLY INCURRED, IN SUCH
12 FORM AND CONTAINING SUCH INFORMATION AS HE MAY REQUIRE. FOR THE
13 PURPOSE OF THIS SECTION, "FISCAL YEAR" SHALL MEAN THE PERIOD
14 FROM JULY FIRST THROUGH JUNE THIRTIETH.
15 (B) THE AMOUNT OF STATE AID TO BE ALLOCATED TO COUNTIES,
16 MUNICIPALITIES OR TOWNSHIPS SHALL BE DETERMINED BY THE SECRETARY
17 AS HEREINAFTER PROVIDED. THE SECRETARY SHALL DETERMINE THE
18 PERCENTAGE PROPORTION WHICH THE AUTHORIZED EXPENDITURES OF EACH
19 INDIVIDUAL COUNTY, MUNICIPALITY OR TOWNSHIP BUT NOT EXCEEDING
20 TWENTY-FIVE THOUSAND DOLLARS ($25,000) FOR EACH COUNTY INCLUDING
21 THE MUNICIPALITIES AND TOWNSHIPS THEREIN, SHALL BEAR TO THE
22 TOTAL AUTHORIZED EXPENDITURES OF ALL THE COUNTIES,
23 MUNICIPALITIES OR TOWNSHIPS FOR ENFORCEMENT OF THIS ACT DURING
24 THE FISCAL YEAR. SUCH PERCENTAGE PROPORTION SHALL THEN BE
25 APPLIED AGAINST AN AMOUNT EQUAL TO TWENTY-FIVE PER CENT OF THE
26 AMOUNT RECEIVED BY THE SECRETARY IN FEES RECEIVED FOR
27 REGISTRATION OF SNOWMOBILES DURING SUCH FISCAL YEAR, TO THE
28 EXTENT ONLY AND NOT EXCEEDING THE SUM OF ONE HUNDRED FIFTY
29 THOUSAND DOLLARS ($150,000).
30 THE AMOUNT THUS DETERMINED SHALL CONSTITUTE THE MAXIMUM
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1 AMOUNT OF STATE AID TO WHICH EACH COUNTY, MUNICIPALITY OR
2 TOWNSHIP SHALL BE ENTITLED; PROVIDED, HOWEVER, THAT NO COUNTY,
3 MUNICIPALITY OR TOWNSHIP SHALL RECEIVE STATE AID IN AN AMOUNT IN
4 EXCESS OF ONE-HALF OF ITS AUTHORIZED EXPENDITURES AS APPROVED BY
5 THE SECRETARY FOR SUCH FISCAL YEAR.
6 THE SECRETARY SHALL CERTIFY TO THE STATE TREASURER THE AMOUNT
7 THUS DETERMINED FOR EACH COUNTY, MUNICIPALITY OR TOWNSHIP AS THE
8 AMOUNT OF STATE AID TO BE APPORTIONED TO SUCH COUNTY,
9 MUNICIPALITY OR TOWNSHIP.
10 Section 15 20. Rules and Regulations.--The Secretary of <--
11 Environmental Resources shall have the power and his duty shall
12 be to promulgate rules and regulations as may be necessary to
13 carry out the provisions of this act and the rules and
14 regulations so promulgated shall have the full force and effect
15 of law.
16 Section 16. Snowmobile Advisory Board.--The snowmobile <--
17 advisory board is hereby created in the Department of
18 Environmental Resources which shall consist of five members who
19 shall be appointed by the Governor. One member shall be a
20 snowmobile dealer, one member shall be a representative of
21 snowmobile clubs, one member shall be a conservationist and one
22 shall be a farmer. The board shall elect one of its members as
23 chairman and a secretary. Of the members first appointed, one
24 shall be appointed for a term of five years, one for a term of
25 four years, one for a term of three years, one for a term of two
26 years and one for a term of one year. Thereafter the terms of
27 the members shall be five years. Three members shall constitute
28 a quorum.
29 Each of the members shall receive a per diem expense
30 allowance at the rate of fifty dollars ($50) per day for the
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1 time actually devoted to the business of the board.
2 The board shall advise the Secretary of Environmental
3 Resources on matters relating to standards, qualifications,
4 safety, rules and regulations relating to the operation of
5 snowmobiles.
6 Section 17. 16 21. Penalties.--Any person violating any of <--
7 the provisions of this act shall, upon summary conviction for a
8 first offense, be sentenced to pay a fine of not less than ten
9 dollars ($10) nor more than fifty dollars ($50) and costs of
10 prosecution and, in default of the payment thereof, shall
11 undergo imprisonment for not more than ten days and for a second
12 offense be sentenced to pay a fine of not less than twenty-five
13 dollars ($25) and not more than one hundred dollars ($100) and
14 costs of prosecution and in default of the payment thereof shall
15 undergo imprisonment for not more than thirty days, and the
16 secretary may for cause suspend or revoke the snowmobile permit.
17 Section 18. 17 22. Effective Date.--This act shall take <--
18 effect in thirty days.
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