Pennsylvania Act 2006-113 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

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