Pennsylvania Act 1990-70 — VEHICLE CODE (75 PA.C.S.) - AMEND

Act text

VEHICLE CODE (75 PA.C.S.) - AMEND
                  Act of Jul. 1, 1990, P.L. 312, No. 70               Cl. 75
                             Session of 1990
                               No. 1990-70

                                  AN ACT

     SB 1272

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, further providing for the Catastrophic Loss
        Benefits Continuation Fund; creating the offense of trespass
        by motor vehicles; and further providing for fines, penalties
        and suspension of driver's license for unauthorized operation
        of motor vehicles on private real property.

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

        Section 1.  Section 1798.4 of Title 75 of the Pennsylvania
     Consolidated Statutes is amended by adding a subsection to read:
      § 1798.4.  Catastrophic Loss Benefits Continuation Fund.
        * * *
        (d)  Borrowing from the Workers' Compensation Security
     Fund.--Whenever the Governor shall ascertain that the cash
     balance and the current estimated receipts of the Catastrophic
     Loss Benefits Continuation Fund shall be insufficient at any
     time during any fiscal period to meet promptly any expenses
     payable from the fund, the Governor shall authorize the transfer
     from the Workers' Compensation Security Fund to the Catastrophic
     Loss Benefits Continuation Fund such sums as are necessary. Any
     sum so transferred shall be available for the purpose for which
     the Catastrophic Loss Benefits Continuation Fund is created by
     law and shall be considered as a loan to that fund. Such
     transfers shall be made upon warrant of the State Treasurer upon
     requisition of the Governor. For purposes of determining whether
     contributions to the Workers' Compensation Security Fund
     pursuant to section 5 of the act of July 1, 1937 (P.L.2532,
     No.470), known as the Workers' Compensation Security Fund Act,
     are necessary, the Insurance Commissioner shall consider the
     amount of any loan made pursuant to this act as an asset of the
     Workers' Compensation Security Fund that does not reduce the
     fund below 5% of its loss reserves and does not trigger the
     resumption of contributions to the fund. The amounts transferred
     to the Catastrophic Loss Benefits Continuation Fund may carry
     over from fiscal year to fiscal year and shall be repaid
     together with an amount of interest equivalent to the average
     interest rate derived from investments of the Workers'
     Compensation Security Fund in the immediately preceding fiscal
     year as determined by the State Treasurer. An estimate of the
     actual and projected borrowings and loan repayments to be made
     from and to the Workers' Compensation Security Fund shall be
     included in the report required pursuant to section 7 of the act
     of July 1, 1989 (P.L.115, No.24), entitled "An act amending
     Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes,
     creating the Catastrophic Loss Benefits Continuation Fund for
     payment of certain catastrophic loss benefits; providing for
     surcharges for certain offenses to provide moneys for the fund;
     and further providing for conditions of permits." The
     authorization to make transfers pursuant to this subsection
     shall expire on July 1, 1993, unless otherwise provided by the
     General Assembly.
        Section 2.  Title 75 is amended by adding a section to read:
      § 3717.  Trespass by motor vehicle.
        (a)  General rule.--It is unlawful for a person to knowingly
     operate a motor vehicle on private real property other than a
     private road or driveway without consent of the owner or lessor
     of the real property.
        (b)  Operation of motor vehicle on private road or driveway
     prohibited.--Except when necessary as a result of emergency or
     when necessary to provide the operator a means of turning his
     vehicle around on portions of highways where no other means of
     turning around is provided, it is unlawful, without the consent
     of the owner or lessor, for a person to knowingly operate a
     motor vehicle on a private road or driveway. There shall be a
     rebuttable presumption that a person has knowingly violated this
     subsection if the owner or lessor of the road or driveway has
     placed, at or near the points of entry from public or private
     vehicular access, a gate, fence or similar obstruction or a
     readily visible sign that would reasonably convey that the
     unauthorized operation of motor vehicles on the road or driveway
     is prohibited.
        (c)  Damage to real property by operation of motor vehicle
     prohibited.--It is unlawful for a person to knowingly or
     recklessly cause damage to any real or personal property by
     means of the operation of a motor vehicle on private real
     property. There shall be a rebuttable presumption that a person
     has knowingly or recklessly caused damage under this subsection
     where digging, ground breakage or other damage to land, sod or
     soil or damage to trees, growing crops, ornamental flowers or
     shrubs or other similar flora affixed to the land or to
     structures, fixtures or personal property affixed to or located
     on the private real property has resulted from the operation of
     a motor vehicle on the private real property.
        (d)  Travel on cultivated land prohibited.--It is unlawful
     for a person to knowingly operate a motor vehicle on cultivated
     agricultural land of another without the consent of the owner or
     lessor. For purposes of this subsection, the term "cultivated
     agricultural land" includes land which is or has been recently
     groomed or prepared for the purpose of present or future
     commercial or private agricultural, silvicultural, horticultural
     or floricultural production, whether or not the land is
     currently in seed or sustaining growing crops. There shall be a
     rebuttable presumption that a person has knowingly operated a
     motor vehicle on cultivated agricultural land either if there
     are agricultural crops or residue from the crops visible on the
     land or if the owner or lessor of the land has placed near the
     roadside boundaries of the property visible signs which would
     easily convey to the operator of a motor vehicle that the land
     is cultivated agricultural land and that operation of a motor
     vehicle on it is prohibited.
        (e)  Offense defined.--The following penalties shall apply:
            (1)  A person who violates subsection (b) commits a
        summary offense and shall, upon conviction, be subject to a
        fine of $100.
            (2)  A person who violates subsection (c) or (d) commits
        a summary offense and shall, upon conviction, be subject to
        the following penalties:
                (i)  A fine of $500 for a first conviction of the
            offense.
                (ii)  A fine of $1,000 plus suspension of operating
            privileges for a period of six months for a second or
            subsequent conviction of the offense. If a person is
            under 16 years of age at the time of the second or
            subsequent conviction of an offense, the period of
            suspension shall commence upon the person's 16th
            birthday.
            (3)  In addition, restitution shall be made for the value
        of damage to real or personal property which results from the
        violation of this section.
        (f)  Assessment of points.--A person whose operating
     privilege has been suspended pursuant to subsection (e) shall
     not be subject to assessment of points otherwise applicable
     under section 1545 (relating to restoration of operating
     privilege) upon restoration of privileges.
        (g)  Additional penalties.--This section is not intended nor
     shall this section be construed to preclude prosecution,
     conviction or imposition of penalties pursuant to other
     provisions of this title that may be applicable.
        Section 3.  Section 7724(a) of Title 75 is amended to read:
      § 7724.  Operation on private or State property.
        (a)  Private real property.--5
            (1)  No person shall operate a snowmobile or an ATV on
        any private real property without the consent of the owner
        [of] or lessor thereof. Any person operating a snowmobile or
        an ATV upon lands of another shall stop and identify himself
        upon the request of the landowner or his duly authorized
        representatives and, if requested to do so by the landowner,
        shall promptly remove the snowmobile or ATV from the
        premises.
            (2)  When a person operates a snowmobile or an ATV in a
        manner as to violate section 3717 (relating to trespass by
        motor vehicle), the applicable fines, penalties and
        suspensions provided in this title for violation of section
        3717 shall apply to this subsection.
        * * *
        Section 4.  This act shall take effect as follows:
            (1)  Section 1 (section 1798.4(d)) shall take effect
        immediately.
            (2)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 1st day of July, A. D. 1990.

     ROBERT P. CASEY