75 Pa.C.S. § 102 — PA Code / Title 75 / Chapter 1 / Section 102
Definitions.
Status: in_force

Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Abandoned vehicle."

(1) A vehicle (other than a pedalcycle) shall be presumed to be abandoned under any of the following circumstances, but the presumption is rebuttable by a preponderance of the evidence:

(i) The vehicle is physically inoperable and is left unattended on a highway or other public property for more than 48 hours.

(ii) The vehicle has remained illegally on a highway or other public property for a period of more than 48 hours.

(iii) The vehicle is left unattended on or along a highway or other public property for more than 48 hours and does not bear all of the following:

(A) A valid registration plate.

(B) A current certificate of inspection.

(C) An ascertainable vehicle identification number.

(iv) The vehicle has remained on private property without the consent of the owner or person in control of the property for more than 24 hours.

(v) The vehicle has remained on the private property of a salvor for 20 days.

(2) Vehicles and equipment used or to be used in construction or in the operation or maintenance of highways or public utility facilities, which are left in a manner which does not interfere with the normal movement of traffic, shall not be considered to be abandoned.

"Active work zone." The portion of a work zone where construction, maintenance or utility workers are located on the roadway, berm or shoulder.

"Agent service." A person that has been authorized by the Department of Transportation to act as a card agent, a full agent or an issuing agent.

"Air-mile." A nautical mile, which is equivalent to 6,076 feet. For purposes of this title, 150 air-miles are equivalent to 172.6 miles.

"Alley." A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.

"Ambulance." Any vehicle which is specifically designed, constructed or modified and equipped and is used or intended to be used and is maintained or operated for the purpose of providing emergency medical care to and transportation of human patients. The term includes advanced or basic life support vehicles that may or may not transport such patients.

"Antique motor vehicle." A motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year which has been maintained in or restored to a condition which is substantially in conformance with manufacturer specifications.

"Articulated bus." A bus designed to transport passengers and on which passengers are authorized to be transported,

consisting of two or more units or sections permanently assembled in tandem by flexible connections which permit passenger movement throughout the length of the bus.

"Authorized vehicle." A vehicle or type of vehicle, other than an emergency vehicle, for which special operating or equipment privileges are given by law or regulation of the department based on design and utility for work within a highway.

"Autocycle." A three-wheeled motorcycle that has a steering wheel and seating that does not require the operator to straddle or sit astride. "Automated driving system" or "ADS." The hardware and software collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether limited within a specific operational design domain and whether a Level 3, 4 or 5 driving automation system under SAE J3016.

"Automated red light enforcement system." A vehicle sensor installed to work in conjunction with a traffic-control signal which automatically produces one or more recorded images of a vehicle at the time the vehicle is used or operated in a manner which is a violation under this title.

"Automated speed enforcement system." An electronic traffic sensor system that:

(1) is able to automatically detect vehicles exceeding the posted speed limit with a type of speed timing device; and

(2) produces a recorded image that shows:

(i) a clear and legible identification of only the vehicle's license plate;

(ii) location; and

(iii) date and time.

"Automated speed enforcement work area." The portion of an active work zone where construction, maintenance or utility workers are located on the roadway, berm or shoulder and workers are adjacent to an active travel lane and where an automated speed enforcement system is active. For the purposes of this definition, workers shall also be considered adjacent to an active travel lane where workers are present and are protected by a traffic barricade.

"Battery." An energy power storage system that stores electrical energy within the system's constituent parts.

"Blood delivery vehicle." Any vehicle which is used or intended to be used and is maintained or operated for the purpose of transporting blood or blood products on an emergency basis.

"Bodily injury." Impairment of physical condition or substantial pain.

"Bus."

(1) a motor vehicle designed to transport 16 or more passengers, including the driver; or

(2) a motor vehicle, other than a taxicab, limousine or personal vehicle as defined in 66 Pa.C.S. § 102 (relating to definitions), designed to transport not more than 15 passengers, including the driver, and used for the transportation of persons for compensation. The term does not include a vehicle used in a ridesharing arrangement, as defined in the act of December 14, 1982 (P.L.1211, No.279), entitled "An act providing for ridesharing arrangements and providing that certain laws shall be inapplicable to ridesharing arrangements," or a school bus.

"Business district." The territory contiguous to and including a highway when within any 600 feet along the highway

there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.

"Cancel." To void or terminate by formal action of the department any license, registration or privilege issued or granted by the department to which the individual is no longer entitled.

"Certificate holder." A firm, copartnership, association, corporation or educational or research institution holding a valid certificate of compliance in accordance with Subchapter B of Chapter 85 (relating to highly automated vehicles).

"Certified driver rehabilitation specialist." An experienced practitioner in the field of driver rehabilitation training who, through successful completion of a formal certification examination, has proven their capacity to provide driver rehabilitation services.

"Certified driving instructor." An individual who is certified by the Department of Education to teach the safe operation of motor vehicles.

"Chemical test or testing." Analysis performed on a biological material, including but not limited to breath, blood or urine, to determine the identity or concentration or both of particular constituents such as alcohol or controlled substances. Test procedures may rely on one or more physical or chemical properties of the constituent and utilize instrumental or chemical analysis techniques to accomplish the determination.

"Classic motor vehicle." A motor vehicle, but not a reproduction thereof, manufactured at least 15 years prior to the current year which has been maintained in or restored to a condition which is substantially in conformity with manufacturer specifications and appearance. Any classic motor vehicle registered under section 1340 (relating to antique and classic plates) on the effective date of the amendment to this definition which fails to qualify as a classic motor vehicle pursuant to these provisions may retain such classic registration unless another type of registration is applied for and issued for the vehicle.

"Collectible motor vehicle." A reconstructed or modified motor vehicle substantially modified from the manufacturer's original specifications and appearance and maintained in a collectible condition as determined by the Department of Transportation.

"Combination." Two or more vehicles physically interconnected in tandem.

"Commercial driver." A person who is either a commercial driver license holder as defined in section 1603 (relating to definitions) or who is driving a commercial motor vehicle.

"Commercial implement of husbandry." An implement of husbandry that:

(1) Is a self-propelled vehicle.

(2) Is used to perform agricultural production or harvesting activities exclusively on farms other than farms owned or operated by the owner of the implement of husbandry.

(3) (Deleted by amendment). The term also includes any other vehicle determined by the department to be a commercial implement of husbandry.

"Construction truck." A three or four axle truck engaged in construction operations.

"Containerized cargo." Manifested international freight in a sealed, seagoing container.

"Converter gear." A trailer designed and used exclusively to tow a semitrailer by mounting the semitrailer on the fifth wheel of the converter gear. The term includes the terms "auxiliary axle" and "jeep dolly."

"Court." Includes (when exercising criminal or quasi-criminal jurisdiction pursuant to 42 Pa.C.S. § 1515 (relating to jurisdiction and venue) or concerning the receipt, storage, reproduction, electronic transmission and admissibility of documentation under section 1377 (relating to judicial review) or 1550 (relating to judicial review)) a district justice or issuing authority or the equivalent official from the Federal Government or another state.

"Covered farm vehicle." A motor vehicle with a State-issued designation as a farm vehicle, including a motor vehicle operated in combination, which is:

(1) operated by a farmer or by a family member or employee of the farmer;

(2) used to transport agricultural commodities, livestock, farm machinery or farm supplies to or from a farm;

(3) not used in for-hire motor carrier operations; and

(4) not transporting hazardous materials that require a placard.

"Crosswalk."

(1) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; and, in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk.

(2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

"Dealer." A person engaged in the business of buying, selling or exchanging vehicles.

"Department." The Department of Transportation of the Commonwealth.

"District justice." (Deleted by amendment).

"Divided highway." A highway divided into two or more roadways and so constructed as to impede vehicular traffic between the roadways by providing an intervening space, physical barrier or clearly indicated dividing section.

"Driveaway-towaway operation." Any operation in which any motor vehicle, trailer or semitrailer, singly or in combination, constitutes the commodity being transported, when one set or more of wheels of the vehicle are on the highway during the course of transportation, whether or not the vehicle furnished the motive power.

"Driver." A person who drives or is in actual physical control of a vehicle.

"Driver improvement school." A program for educating drivers through a department-developed or approved curriculum that may be presented either by the department or by a third party approved by the department under section 1549 (relating to establishment of schools).

"Driver's license." A license or permit to drive a motor vehicle issued under this title.

"Electric personal assistive mobility device" or "EPAMD." A self-balancing, two-nontandem-wheeled device designed to transport only one person with an electric propulsion system.

"Electric vehicle." A motor vehicle that delivers power to its drive wheel or wheels solely by use of a battery-powered electric motor.

"Electric vehicle charging station." A facility or equipment designed to charge, by connective or inductive means, a battery within an electric vehicle or plug-in hybrid electric vehicle by permitting the transfer of electricity to a battery or other storage device in an electric vehicle.

"Emergency canteen support service organization vehicle." A vehicle that is:

(1) Owned by a Pennsylvania-registered, not-for-profit corporation, which is authorized to do business within this Commonwealth and has a minimum of two fully functional canteen units and a minimum of one restroom facility vehicle.

(2) Registered with the county emergency dispatch center as an emergency canteen support service vehicle on call 24 hours a day, seven days a week, 52 weeks per year.

(3) Dispatched for emergency service only via the county emergency dispatch center upon request of an emergency provider, whether fire, police, river rescue or other emergency provider.

"Emergency service responder." An individual acting in an official capacity as any of the following:

(1) A police officer.

(2) A sheriff or deputy sheriff.

(3) A coroner or deputy coroner.

(4) A firefighter.

(5) Fire police.

(6) A fire marshal.

(7) A medical examiner or deputy medical examiner.

(8) Rescue personnel.

(9) Ambulance personnel.

(10) Towing and recovery personnel.

(11) Highway maintenance and construction personnel.

(12) Hazardous material response team member.

(13) Emergency medical services personnel.

(14) Contractors or employees of a public utility as defined under 66 Pa.C.S. § 102 (relating to definitions), a municipally owned utility or an electric cooperative as defined in 15 Pa.C.S. Ch. 73 (relating to electric cooperative corporations).

(15) A police officer who is also a member of a county or regional municipal special emergency response team which is authorized to respond to emergencies under 42 Pa.C.S. § 8953 (relating to Statewide municipal police jurisdiction).

"Emergency vehicle." A State or county emergency management vehicle, fire department vehicle, police vehicle, sheriff vehicle, ambulance, advanced life support squad vehicle, basic life support squad vehicle, emergency canteen support service organization vehicle, blood delivery vehicle, human organ delivery vehicle, hazardous material response vehicle, armed forces emergency vehicle, one vehicle operated by a coroner or chief county medical examiner and one vehicle operated by a chief deputy coroner or deputy chief county medical examiner used for answering emergency calls, a vehicle owned by or leased to a regional emergency medical services council that is used as authorized by the Department of Health to respond to an actual or potential disaster, mass casualty situation or substantial threat to public health, a vehicle owned by a county

or regional police association and operated by a police officer that is used for police transport or victim extraction, a vehicle that is owned and operated by a county correctional institution in a city of the first class and used to respond to an emergency at a correctional institution in a city of the first class or to escort an ambulance which is transporting sick or injured prisoners in a city of the first class, any vehicle operated by a special agent, special agent supervisor, narcotics agent or narcotics agent supervisor while performing official duties as employees of the Office of Attorney General, any vehicle owned and operated by the Philadelphia Parking Authority established in accordance with 53 Pa.C.S. Ch. 55 (relating to parking authorities) and used in the enforcement of 53 Pa.C.S. Ch. 57 (relating to taxicabs and limousines in first class cities), a vehicle owned by a city of the first class and operated by first judicial district certified armed probation officers, a vehicle owned and operated by the Pennsylvania Turnpike Commission that is used by an emergency service responder as dispatched by the Pennsylvania Turnpike Commission's traffic operations center, or any other vehicle designated by the State Police under section 6106 (relating to designation of emergency vehicles by Pennsylvania State Police), or a privately owned vehicle used in answering an emergency call when used by any of the following:

(1) A police chief and assistant chief.

(2) A fire chief, assistant chief and, when a fire company has three or more fire vehicles, a second or third assistant chief.

(3) A fire police captain and fire police lieutenant.

(4) An ambulance corps commander and assistant commander.

(5) A river rescue commander and assistant commander.

(6) A county emergency management coordinator.

(7) A fire marshal.

(8) A rescue service chief and assistant chief.

(9) The chief or operations director of a county hazardous materials response team.

(10) A police officer who is also a member of a county or regional municipal special emergency response team which is authorized to respond to emergencies under 42 Pa.C.S. § 8953 (relating to Statewide municipal police jurisdiction).

"Engineering and traffic study." An orderly examination or analysis of physical features and traffic conditions conducted in accordance with regulations of the department and conforming to generally accepted engineering standards and practices for the purpose of ascertaining the need or lack of need for a particular action by the department or local authorities.

"Essential parts." All major component parts of a vehicle of a type required to be registered under this title, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation.

"Established place of business." The place actually occupied either continuously or at regular periods by a dealer, manufacturer or other vehicle-related business where the books and records are kept and a large share of the business is transacted.

"Exhibit." Surrender of a document into the temporary possession of a person for the purpose of examining the document.

"Farm equipment." A vehicle that is specifically designed and manufactured for and used exclusively in agriculture to

plant, seed, cultivate, harvest or apply soil nutrients, fertilizers or chemicals. The term also includes any other vehicle determined by the department to be farm equipment.

"Farm vehicle." A truck or truck tractor determined by the Department of Transportation to be used exclusively for agricultural purposes.

"Fire department vehicle." A vehicle:

(1) owned or leased by an organized paid or volunteer fire department; or

(2) owned or leased by a fire relief association and utilized by an organized paid or volunteer fire department.

"Fleet owner." A person, Federal, State or local government agency or authority owning or leasing 15 or more vehicles who or which provides servicing and repair of the vehicles.

"Foreign vehicle." A vehicle of a type required to be registered under this title brought into this Commonwealth from another state, territory or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this Commonwealth.

"For-hire motor carrier operations." The transportation of goods or passengers for compensation.

"Freeway." A limited access highway to which the only means of ingress and egress is by interchange ramps.

"Full trailer." A trailer so constructed that no part of its weight rests upon the towing vehicle. A semitrailer attached to a towing vehicle by means of an auxiliary front axle or dolly shall be deemed to be a full trailer.

"General rule." A rule or order promulgated by the governing authority, as defined in 42 Pa.C.S. § 102 (relating to definitions), of the unified judicial system.

"Golf cart." A self-propelled motor vehicle designed and manufactured for the transportation of persons or equipment for sporting, maintenance or recreational purposes that is not capable of exceeding a speed of 20 miles per hour.

"Gross combination weight rating (GCWR)." The value specified by the manufacturer as the loaded weight of a combination.

"Gross vehicle weight rating (GVWR)." The value specified on the Federal weight certification label by the manufacturer as the loaded weight of a single vehicle.

"Gross weight." The combined weight of a vehicle or combination of vehicles and its load excluding the driver's weight.

"Hazardous material." Any explosive, blasting agent, flammable liquid, combustible liquid, flammable solid, flammable or nonflammable compressed gas, corrosive material, poison, poison gas, irritant, oxidizer, organic peroxide, radioactive material, etiologic agent, cryogenic liquid, hazardous waste, hazardous substance or other material which the department by procedure prescribed in Chapter 83 (relating to hazardous materials transportation) declares to be a hazardous material.

"Hazardous material response vehicle." A vehicle owned or leased by a hazardous material response team certified through the Pennsylvania Emergency Management Agency. "Highly automated vehicle" or "HAV." A motor vehicle equipped with an automated driving system. The term excludes a personal delivery device.

"Highly automated vehicle driver." An individual who is an authorized employee or contractor of a certificate holder and who is responsible for all or part of the dynamic driving task for a highly automated vehicle and is:

(1) on board the highly automated vehicle; or

(2) in a remote location within the United States and is capable of monitoring and controlling the highly automated vehicle.

"Highly automated work zone vehicle." (Deleted by amendment).

"Highway." The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. The term includes a roadway open to the use of the public for vehicular travel on grounds of a college or university or public or private school or public or historical park.

"House coach." A vehicle with an enclosed area which is designed, constructed or equipped for use, either permanently or temporarily, as a dwelling place, living abode, sleeping place or camping accommodation. A house coach includes motor homes, slide-in cabins and sleeping units specifically designed for mounting on a pickup truck and sleeping cabins designed for use on trucks and truck tractors operated for heavy-duty, long-distance hauling.

"House trailer."

(1) A trailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways.

(2) A trailer containing a chassis and exterior shell designed and constructed for use as a house trailer, as defined in paragraph (1), but which is used permanently or temporarily for advertising, sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property.

"Human organ delivery vehicle." Any vehicle which is used or intended to be used and is maintained or operated for the purpose of transporting human organs or human tissue on an emergency basis.

"Hybrid electric vehicle." As follows:

(1) A motor vehicle using a combustion engine or regenerative braking to charge a battery to deliver power to:

(i) the drive wheel or wheels; or

(ii) vehicle systems other than propulsion.

(2) The term does not include motor vehicles capable of receiving energy from an external source such as an outlet or charging station.

"Ignition interlock limited license." A driver's license issued to an individual whose operating privilege is suspended or revoked for one or more violations under section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or 3802 (relating to driving under influence of alcohol or controlled substance) or under former section 3731 (relating to driving under influence of alcohol or controlled substance) or a violation substantially similar to a violation under section 3802 or former section 3731 in another jurisdiction, requiring the individual to operate only motor vehicles equipped with a functioning ignition interlock system.

"Implement of husbandry." Farm equipment that meets all of the following criteria:

(1) Is equipped with pneumatic tires except if prohibited by religious beliefs.

(2) Is infrequently operated or moved upon highways.

(3) Is used in agriculture for any of the following purposes:

(i) performance of agriculture production or harvesting activities for the farmer's agricultural operations; or

(ii) transportation of agricultural products or agricultural supplies for the benefit of the farmer's agricultural operations. The term also includes earthmoving equipment and any other vehicle determined by the department to be an implement of husbandry.

"Interactive mobile device." A handheld wireless telephone, personal digital assistant, smart phone, portable or mobile computer or similar device which can be used for voice communication, texting, emailing, browsing the Internet, instant messaging, playing games, taking or transmitting images, recording or broadcasting videos, creating or sharing social media or otherwise sending or receiving electronic data. The term does not include any of the following:

(1) a device being used exclusively as a global positioning or navigation system;

(2) a device that is being used in a hands-free manner or with a hands-free accessory or system, including one that is physically or electronically integrated into the vehicle;

(3) a device that is affixed to a mass transit vehicle, bus or school bus;

(4) a mobile or handheld radio being used by a person with an amateur radio station license issued by the Federal Communications Commission;

(5) a device being used exclusively for emergency notification purposes;

(6) a device being used exclusively by an emergency service responder while engaged in the performance of duties; or

(7) a device being used exclusively by a commercial driver who within the scope of the individual's employment uses a device if the use is permitted under regulations promulgated under 49 U.S.C. § 31136 (relating to United States Government regulations).

"Intersection."

(1) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

(2) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. In the event the intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of the highways shall be regarded as a separate intersection.

"Interstate highway." A freeway on the Dwight D. Eisenhower System of Interstate and Defense Highways.

"Issuing authority." A public official having the power and authority of a magisterial district judge.

"Laned roadway." A roadway which is divided into two or more clearly marked lanes for vehicular traffic.

"Learner's permit." A permit issued for the purpose of learning to operate a motor vehicle.

"Lienholder." A person holding a security interest in a vehicle.

"Limited access highway." A highway in respect to which owners or occupants of abutting lands and other persons have no legal right of access except at points and in the manner determined by the authority having jurisdiction over the highway.

"Limousine." A motor vehicle designed for carrying no more than nine passengers, exclusive of the driver, and used for the transportation of persons for compensation.

"Local authorities." County, municipal and other local boards or bodies having authority to enact laws relating to traffic. The term also includes airport authorities, except where those authorities are located within counties of the first class or counties of the second class.

"Low-vision rehabilitation specialist." An individual who has been trained and certified regarding bioptic telescopes by an appropriate training program as approved by the department. The term includes an occupational therapist with specialty certification in low vision, a certified orientation and mobility specialist, a certified low-vision therapist, a teacher of visually impaired students, an optometrist, ophthalmologist and other eye care practitioner.

"Magisterial district judge." Includes a judge of a community court, of the Pittsburgh Magistrates Court, and of the Traffic Court of Philadelphia when exercising the jurisdiction of a magisterial district judge under this title.

"Major component parts." Includes any of the following parts of a vehicle: engine, transmission, front-end assemblies or unibodies structure which may consist of headlight, grille, fenders, bumpers and hood; fenders; hood; any door; any bumper; pickup box or cargo box; airbags; computer assembly; radio or stereo components; or trunk lid, deck lid, tailgate or hatchback, whichever is present.

"Manufactured construction unit." A building manufactured in sections in a production plant, transported to a site and set on a foundation to form a complete commercial or institutional noncombustible building.

"Manufactured home." A manufactured home as defined in section 603(6) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383, 42 U.S.C. § 5402(6)). The term includes a mobile home.

"Manufacturer." A person engaged in the business of constructing or assembling vehicles or motors or bodies of vehicles.

"Manufacturer's shipping weight." The weight of a vehicle including all installed options as delivered for retail sale by the final stage manufacturer and as indicated on the manufacturer's certificate of origin.

"Mass transit vehicle." A self-propelled or electrically propelled device designed for carrying 15 or more passengers exclusive of the driver, other than a taxicab, designed and used for the transportation of persons for compensation, including but not limited to subway cars, buses, trolleys and trackless trolleys but excluding railroad passenger cars.

"Maxi-cube vehicle." A combination. The truck may have either a detachable or permanently attached cargo box. The cargo box on the trailer shall be designed such that the truck may be loaded and unloaded through the trailer. Neither cargo box shall exceed 34 feet in length, and the overall length of the combination shall not exceed 65 feet.

"Messenger service." A person who, for a fee, advertises, offers or provides to the public the service of obtaining from the department vehicle titles, registrations, drivers' licenses and similar documents. A dealer who obtains documents only for purchasers of vehicles from the dealer is not a messenger service.

"Mileage." The actual distance that a vehicle has traveled.

"Mobile home." A trailer designed and used exclusively for living quarters or commercial purposes which exceeds the maximum size limitations prescribed by this title for operation on a highway and is only incidentally operated on a highway.

"Modified vehicle." A vehicle of a type required to be registered under this title materially altered by the addition, deletion, substitution or modification of the body, chassis or essential parts, new or used. The term does not include vehicles that have been repaired to the function and appearance of vehicles in their original condition or vehicles where final-stage or second-stage manufacturers provide a manufacturer statement of origin or a federally required certification label at the time of the original title and registration application.

"Modular housing undercarriage." A trailer which is used to transport a modular housing unit.

"Modular housing unit." A unit transported on a removable or nonremovable frame designed for residential purposes which is wholly or in substantial part fabricated, formed or assembled in manufacturing facilities for assembly and installation on the building site.

"Motor carrier vehicle."

(1) A truck, truck tractor or combination having a gross vehicle weight rating, gross combination weight rating, registered gross weight, registered combination weight or actual gross weight of 17,001 pounds or more.

(2) A truck, truck tractor or combination engaged in interstate commerce and having a gross vehicle weight rating, gross combination weight rating, registered gross weight, registered combination weight or actual gross weight of 10,001 pounds or more.

"Motor home." A motor vehicle designed or adapted for use as a mobile dwelling or office, except a motor vehicle equipped with a truck-camper.

"Motor vehicle." A vehicle which is self-propelled except an electric personal assistive mobility device or a vehicle which is propelled solely by human power.

"Motorcycle." A motor vehicle having a seat or saddle for the use of the rider and:

(1) designed to travel on not more than three wheels in contact with the ground; or

(2) designed to travel on two wheels in contact with the ground which is modified by the addition of two stabilizing wheels on the rear of the motor vehicle. The term includes an autocycle.

"Motor-driven cycle." A motorcycle, including a motor scooter, with a motor which produces not to exceed five brake horsepower.

"Motorized pedalcycle." A motor-driven cycle equipped with operable pedals, a motor rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission, and a maximum design speed of no more than 25 miles per hour or an electric motor-driven cycle equipped with operable pedals and an automatic transmission powered by an electric battery or battery

pack-powered electric motor with a maximum design speed of no more than 25 miles per hour.

"Multipurpose agricultural vehicle." A motor vehicle which is 66 inches or less in width and 2,000 pounds or less in dry weight and which is used exclusively for agricultural operations and only incidentally operated or moved upon the highways.

"Neighborhood electric vehicle." A four-wheeled electric vehicle that has a maximum design speed of not less than 20 miles per hour and of not more than 25 miles per hour and that complies with the Federal safety standards established in 49 CFR 571.500 (relating to standard no. 500; low-speed vehicles).

"Nondivisible." Incapable of being divided into parts or dismembered without substantially damaging its usefulness or value.

"Nonrepairable vehicle." An abandoned vehicle under paragraph (1)(iii) of the definitions of "abandoned vehicle" which is incapable of safe operation for use on roadways or highways and which has no resale value except as a source of parts or scrap only, a salvage vehicle issued a nonrepairable or nonrebuildable vehicle document by another state or a vehicle which a salvor or vehicle salvage dealer designates as a source for parts or scrap or which the owner irreversibly designates as a source for parts or scrap. Such vehicles may not be issued a certificate of title or certificate of salvage.

"Nonresident." A person who is not a resident of this Commonwealth.

"Number." When used in the context of identification means a series of numerals or letters or both, with or without a prefix or suffix.

"Numbered traffic route." A highway which has been assigned an interstate, United States or Pennsylvania route number, consisting of three or fewer digits, to aid motorists in their travels.

"Occupational limited license." A license, issued under this title to a driver whose operating privileges have been suspended, to permit the operation of a motor vehicle under certain conditions, when necessary for the driver's occupation, work, trade or study.

"Official traffic-control devices." Signs, signals, markings and devices not inconsistent with this title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

"Operating privilege." The privilege to apply for and obtain a license to use as well as the privilege to use a vehicle on a highway as authorized in this title, but not a contract, property right or civil right.

"Overtime parking." The continuous parking of a vehicle for a period of time exceeding the maximum period established by law.

"Owner." A person, other than a lienholder, having the property right in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security. "Park" or "parking."

(1) When permitted, means the temporary storing of a vehicle, whether occupied or not, off the roadway.

(2) When prohibited, means the halting of a vehicle, whether occupied or not, except momentarily for the purpose of and while actually engaged in loading or unloading property or passengers.

"Passenger car." A motor vehicle, except a motorcycle, designed primarily for the transportation of persons and designed for carrying no more than 15 passengers, including the driver, and primarily used for the transportation of persons. The term includes motor vehicles which are designed with seats that may be readily removed and reinstalled, but does not include such vehicles if used primarily for the transportation of property.

"Pedalcycle." A vehicle propelled solely by human-powered pedals or a pedalcycle with electric assist. The term does not mean a three-wheeled human-powered pedal-driven vehicle with a main driving wheel 20 inches in diameter or under and primarily designed for children six years of age or younger.

"Pedalcycle with electric assist." A vehicle weighing not more than 100 pounds with two or three wheels more than 11 inches in diameter, manufactured or assembled with an electric motor system rated at not more than 750 watts and equipped with operable pedals and capable of a speed not more than 20 miles per hour on a level surface when powered by the motor source only. The term does not include a device specifically designed for use by persons with disabilities.

"Pedestrian." Any of the following:

(1) An individual afoot.

(2) An individual with a mobility-related disability on a self-propelled wheelchair or an electrical mobility device operated by and designated for the exclusive use of an individual with a mobility-related disability.

(3) A personal delivery device.

"Pennsylvania Turnpike." The highway system owned and operated by the Pennsylvania Turnpike Commission.

"Person." A natural person, firm, copartnership, association or corporation. "Personal delivery device" or "PDD." A ground delivery device that:

(1) is manufactured for transporting cargo or goods;

(2) is operated by a driving system that allows remote or autonomous operation, or both; and

(3) weighs 550 pounds or less without cargo or goods.

"Platoon." (Deleted by amendment).

"Plug-in hybrid electric vehicle." A motor vehicle that can deliver power to the drive wheels solely by a battery-powered electric motor but which also incorporates the use of another fuel to power a combustion engine. The battery of the vehicle must be capable of receiving energy from an external source, such as an outlet or charging station.

"Police officer." A natural person authorized by law to make arrests for violations of law.

"Private road or driveway." A way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

"Railroad grade crossing." One or more railroad tracks, but not streetcar tracks, which intersect or cross a highway at the same level or grade.

"Railroad sign or signal." A sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

"Recall." To withdraw by formal action of the department for an indefinite period the operating privilege of a person for reasons of incompetency.

"Reconstructed vehicle." A vehicle, other than an antique or classic vehicle, for which a certificate of salvage was issued and is thereafter restored to operating condition to meet the vehicle equipment and inspection standards under Part IV (relating to vehicle characteristics).

"Recorded image." An image recorded by an automated red light enforcement system on a photograph, a digital image or any other image-capture technology.

"Recovered theft vehicle." A vehicle other than an antique or classic vehicle which was reported as stolen but subsequently recovered.

"Recreational cargo trailer." A trailer designed or adapted for the purposes of transporting animals or vehicles for noncommercial recreational use, such as a horse trailer, watercraft trailer or all-terrain trailer.

"Recreational trailer." A trailer designed or adapted to provide temporary living quarters for noncommercial recreational, camping or travel use.

"Registered gross weight."

(1) The maximum gross weight at which a vehicle or combination is registered in this Commonwealth to operate upon a highway, which shall include the weight at which a vehicle or combination is registered for operation in this Commonwealth under any system of proportional registration pursuant to Subchapter C of Chapter 61 (relating to reciprocity).

(2) For the purposes of Chapter 49 (relating to size, weight and load) and the definition of "motor carrier vehicle," if there is no registered gross weight as defined in paragraph (1), then the term shall mean the maximum gross weight at which a vehicle or combination registered in another state is registered or otherwise authorized to operate by such state.

"Registration." The authority for a vehicle to operate on a highway as evidenced by the issuance of an identifying card and plate or plates.

"Residence district." The territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.

"Resident." A person dwelling permanently or continuously for a period exceeding 60 consecutive days within this Commonwealth, except that a person who regularly dwells in two or more states shall declare residence to be in any one of the states.

"Revoke." To terminate by formal action of the department any license, registration or privilege issued or granted by the department. Following a period of revocation, the license, registration or privilege may not be restored except upon submission and acceptance of a new application.

"Right-of-way." The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger or collision unless one grants precedence to the other.

"Roadway." That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder even though such sidewalk, berm or shoulder is used by pedalcycles. In the event a highway includes two or more separate roadways the term "roadway" refers to each roadway separately but not to all such roadways collectively.

"Saddle-mount operation." Any operation in which any truck or truck tractor tows one or more trucks or truck tractors, each connected by a saddle to the frame or fifth wheel of the vehicle in front of it. The saddle is a mechanism that connects the front axle of the towed vehicle to the frame or fifth wheel of the vehicle in front and functions like a fifth wheel kingpin connection.

"SAE J3016." Surface Vehicle Recommended Practice Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles published by the Society of Automotive Engineers (SAE) International in April 2021 and as it existed on the effective date of this definition or such subsequent date as may be provided by the department through regulation and consistent with Subchapter B of Chapter 85.

"Safety seat belt system." Any strap, webbing or similar device designed to secure a person in a motor vehicle in order to mitigate the results of any accident, including buckles, fasteners and all installation hardware as specified by Federal Motor Vehicle Safety Standard No. 209 (49 C.F.R. § 571.209).

"Safety zone." The area or space officially set apart within a roadway for the exclusive use of pedestrians.

"Salvage motor vehicle auction or pool operator." A person who on his own behalf or as an agent for a third party engages in business for the purpose of offering for sale wrecked or salvage motor vehicles through an auction or private bid process to vehicle salvage dealers.

"Salvage vehicle." A vehicle which is inoperable or unable to meet the vehicle equipment and inspection standards under
75 Pa.C.S. § 1798.4 — PA Code / Title 75 / Chapter 17 / Section 1798.4
Catastrophic Loss Benefits Continuation Fund.
Status: in_force

(a) Creation.--The Catastrophic Loss Benefits Continuation Fund is hereby created to provide funds necessary to pay catastrophic loss benefits under section 1798.2 (relating to transition).

(b) Composition.--The Catastrophic Loss Benefits Continuation Fund shall be composed of funds transferred from the Catastrophic Loss Trust Fund, funds contributed pursuant to section 6506 (relating to surcharge) and funds earned by the investment and reinvestment of such funds. The funds shall be held in trust, be deposited in a separate account and be the sole and exclusive source of funds for the payment of catastrophic loss benefits under section 1798.2 and the administration of the Catastrophic Loss Benefits Continuation Fund.

(c) Separation from General Fund and Motor License Fund.--The fund and all income earned by it shall not become part of the General Fund or Motor License Fund. No obligations or expenses of or claim against the Catastrophic Loss Trust Fund or the Catastrophic Loss Benefits Continuation Fund shall constitute a debt of the Commonwealth or a charge against the General Fund or Motor License Fund. Upon the expiration of section 6506, excess money in the Catastrophic Loss Benefits Continuation Fund, beyond the money needed to cover the unfunded liability of the Catastrophic Loss Trust Fund in accordance with section 6506, shall be deposited in the Motor License 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, 1998, unless otherwise provided by the General Assembly. (July 1, 1989, P.L.115, No.24, eff. imd.; July 1, 1990, P.L.312, No.70, eff. imd.; June 28, 1993, P.L.137, No.33, eff. 60 days)

1993 Amendment. Act 33 amended subsec. (d). 1989 Amendment. Act 24 added section 1798.4. See sections 5, 6 and 7 of Act 24 in the appendix to this title for special provisions relating to transfer of Catastrophic Loss Trust Fund moneys, certification by Insurance Commissioner and reports to General Assembly. References in Text. Section 5 of the act of July 1, 1937 (P.L.2532, No.470), known as the Workers' Compensation Security Fund Act, referred to in subsec. (d), was deleted by amendment by the act of June 22, 2000 (P.L.379, No.49).
75 Pa.C.S. § 1905 — PA Code / Title 75 / Chapter 19 / Section 1905
Payments to special funds.
Status: in_force

(a) Power and duty of State Treasurer.--In accordance with the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, the State Treasurer shall administer the designated funds of the department.

(b) Zoological Enhancement Fund.--Fifteen dollars of each fee received under section 1355 (relating to zoological plate) shall be credited to the Zoological Enhancement Fund, created as follows:

(1) There is hereby established a special account in the Treasury Department which shall be known as the Zoological Enhancement Fund. The purpose of the Zoological Enhancement Fund is to assist Commonwealth nonprofit zoological institutions accredited by the American Zoo and Aquarium Association and licensed by the United States Department of Agriculture to fulfill their conservation, education and recreation missions to the citizens of this Commonwealth.

(2) All moneys in the Zoological Enhancement Fund are hereby annually appropriated to the Department of Commerce and may be expended for the purposes authorized under this subsection.

(3) Estimates of amounts to be expended under this subsection shall be submitted to the Governor by the Department of Commerce for his approval.

(4) The State Treasurer shall not honor any requisition for expenditures by the Department of Commerce in excess of estimates approved by the Governor or in excess of the amount

available for the purposes for which the requisition was made, whichever is the lesser amount.

(c) Drug Abuse Resistance Education Fund.--The following shall apply:

(1) The Drug Abuse Resistance Education (DARE) Fund shall terminate at the end of the 2013-2014 fiscal year.

(2) All money in the Drug Abuse Resistance Education (DARE) Fund on the effective date of this paragraph shall be appropriated to the Pennsylvania Commission on Crime and Delinquency and shall be expended to provide grants to children's advocacy centers, as defined in 23 Pa.C.S. § 6303(a) (relating to definitions), during fiscal year 2013-2014. All money in the Drug Abuse Resistance Education (DARE) Fund on the date of termination shall be transferred to the General Fund.

(3) Estimates of amounts to be expended under this subsection shall be submitted to the Governor by the Pennsylvania Commission on Crime and Delinquency for his approval.

(4) The State Treasurer shall not honor any requisition for expenditures by the Pennsylvania Commission on Crime and Delinquency in excess of estimates approved by the Governor or in excess of the amount available for the purposes for which the requisition was made, whichever is the lesser amount.

(d) Pollinator Habitat Program Fund.--Twenty-five dollars of each fee received under section 1352.2 (relating to pollinator conservation registration plate) shall be credited to the Pollinator Habitat Program Fund, established as follows:

(1) The Pollinator Habitat Program Fund is established as a special fund in the State Treasury for the purpose of providing support for roadside pollinator initiatives.

(2) All money in the Pollinator Habitat Program Fund is annually appropriated to the department and may be expended for the purposes authorized under this subsection.

(3) Estimates of amounts to be expended under this subsection shall be submitted to the Governor by the department for approval.

(4) The State Treasurer shall not honor any requisition for expenditures by the department in excess of estimates approved by the Governor or in excess of the amount available for the purposes for which the requisition was made, whichever is the lesser amount. (July 6, 1995, P.L.288, No.42, eff. 60 days; July 6, 1995, P.L.315, No.48, eff. 60 days; Dec. 20, 1995, P.L.669, No.75, eff. Jan. 1, 1996; Apr. 7, 2014, P.L.381, No.27, eff. 60 days; Nov. 3, 2022, P.L.1734, No.112, eff. 120 days) 2022 Amendment. Act 112 added subsec. (d). 2014 Amendment. Act 27 amended subsec. (c). 1995 Amendments. Act 42 added section 1905, Act 48 added section 1905 and Act 75 added subsec. (c). The amendments by Acts 42 and 48 are identical and therefore have been merged. References in Text. The Department of Commerce, referred to in subsec. (b), was renamed the Department of Community and Economic Development by Act 58 of 1996.
75 Pa.C.S. § 8516 — PA Code / Title 75 / Chapter 85 / Section 8516
Operation.
Status: in_force

(a) Operational phases.--The following shall apply:

(1) Except as permitted under subparagraph (iii), upon the initial issuance of a PDD authorization, an authorized entity shall be limited to phase 1 operation to demonstrate safe operation of personal delivery devices by the authorized entity and its PDD operators, subject to the following:

(i) Except as permitted under subparagraph (ii), The department may not limit an authorized entity to phase 1 operation for less than 90 days and not more than 180 days from the date the PDD authorization was issued, or less than 90 days and not more than 180 days

from the date the authorized entity's phase 2 operation was revoked by the department, whichever is applicable.

(ii) The department may limit an authorized entity to phase 1 operation for less than 90 days or more than 180 days from the date the PDD authorization was issued, or less than 90 days and not more than 180 days from the date the authorized entity's phase 2 operation was revoked by the department, whichever is applicable, if agreed to by the authorized entity.

(iii) The department may exempt an authorized entity from phase 1 operations upon initial issuance of a PDD authorization if the authorized entity can certify, to the department's satisfaction, safe PDD operations in the Commonwealth or other jurisdictions.

(2) The department may authorize, in writing, an authorized entity to operate personal delivery devices under phase 2 if the authorized entity and its PDD operators have demonstrated the safe operation of personal delivery devices under phase 1 and the department has determined the authorized entity's personal delivery devices can be operated safely under phase 2 and in accordance with this subchapter.

(3) Following notice and an opportunity for an administrative hearing, the department may revoke, in writing, an authorized entity's phase 2 authorization and change the authorized entity's authorized operational phase if the department determines the revocation and change is necessary to ensure public safety and compliance with this subchapter.

(b) General operation requirement.--Except as to special operation requirements in subsection (c), An authorized entity and its PDD operators shall operate personal delivery devices in accordance with the provisions of Chapter 35 (relating to special vehicles and pedestrians) applicable to pedestrians.

(c) Additional operation requirements.--An authorized entity and its PDD operators when operating a personal delivery device shall:

(1) only operate a personal delivery device according to the operational phase for which the authorized entity has been authorized by the department;

(2) utilize a pedestrian area when crossing a roadway and, if a pedestrian area is not available or not practicable, only cross the roadway according to policies or guidelines established by the department;

(3) be prohibited from making a left turn across one or more lanes of oncoming traffic on a roadway until or unless guidelines or policies are established by the department;

(4) utilize the shoulder or berm of a roadway as far as practicable from the edge of the roadway whenever a shoulder or berm is available and its use is practicable;

(5) where a shoulder or berm of a roadway is not available or its use is not practicable, utilize a pedestrian area, if available;

(6) where neither a pedestrian area nor a shoulder or berm of a roadway is available, operate the personal delivery device as near as practicable to the outside edge of the roadway;

(7) yield the right-of-way, or safely navigate around, to all pedestrians and pedalcyclists in a pedestrian area;

(8) not transport hazardous materials regulated under 49 U.S.C. § 5103 (relating to general regulatory authority)

and required to be placarded under 49 CFR Pt. 172 Subpt. F (relating to placarding);

(9) when traveling on a roadway, or shoulder or berm of a roadway, operate the personal delivery device in the same direction as required of other vehicles operated on the roadway;

(10) not exceed speed limits contained in subsection

(d);

(11) not operate on a roadway, or shoulder or berm of a roadway, under the jurisdiction of the department where the secretary, by order, has determined the operation to be hazardous;

(12) not operate on a roadway, or shoulder or berm of a roadway, under the jurisdiction of the department where the posted speed limit is greater than 25 miles per hour, except as permitted in subsection (e);

(13) not operate on a local roadway, or shoulder or berm of a local roadway, under the jurisdiction of a municipality where the posted speed limit is greater than 25 miles per hour, except as permitted in section 8517 (relating to local regulation);

(14) not operate on an interstate highway or freeway;

(15) comply with ordinances or resolutions adopted by local authorities under section 8517;

(16) only operate personal delivery devices that comply with equipment standards established under section 8518 (relating to equipment); and

(17) comply with any other policies or guidelines established by the department consistent with this subchapter.

(d) Speed limit.--A personal delivery device may not exceed 12 miles per hour in a pedestrian area and may not exceed 25 miles per hour on a roadway, or shoulder or berm of a roadway.

(e) Exception.--The department may, by order of the secretary, permit the use of a personal delivery device upon a roadway, or shoulder or berm of a roadway, under the jurisdiction of the department where the posted speed limit is greater than 25 miles per hour but not greater than 35 miles per hour.

(f) PDD operator requirement.--No PDD operator may operate a personal delivery device on behalf of an authorized entity unless the individual possesses a valid driver's license from a licensing authority in the United States. The department may not impose any additional licensing requirements or additional authorization requirements on a PDD operator. Cross References. Section 8516 is referred to in section 8517 of this title.
75 Pa.C.S. § 3367 — PA Code / Title 75 / Chapter 33 / Section 3367
Racing on highways and trafficways.
Status: in_force

(a) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:

"Drag race." The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

"Drifting." The act of steering a vehicle in a turn in an attempt to make the rear wheel or wheels of the vehicle lose traction and create a controlled or uncontrolled skid sideways.

"Race." The use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.

(b) General rule.--No person shall drive a vehicle on a highway or trafficway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition, contest, test or exhibition.

(b.1) Drifting.--No person shall engage in the drifting of a vehicle on a highway or trafficway.

(c) Permits for special activities.--The department or local authorities within their jurisdiction may issue permits for special activities which would otherwise be prohibited by this section.

(d) Penalties.--

(1) A person violating subsection (b) commits a summary offense and shall, upon conviction for a first offense, be sentenced to pay a fine of $500.

(2) A person violating subsection (b) commits a summary offense and shall, upon conviction for a second or subsequent offense, be sentenced to pay a fine of not more than $2,000 or imprisonment for not more than six months, or both, and the vehicle or combination used in the commission of the offense shall be subject to an impoundment order for up to six months as follows:

(i) The impoundment of the vehicle or combination shall occur within the county where the offense was committed.

(ii) Direct enforcement of the impoundment order shall be conducted by a police officer, constable or impoundment official as directed by the judicial authority. In a city of the first class, second class, second class A and third class, the impoundment official shall be a parking authority of the municipality as authorized under section 6109 (relating to specific powers of department and local authorities) and 53 Pa.C.S. Ch. 55 (relating to parking authorities).

(iii) Except in a city of the first class, the appropriate law enforcement officer shall give immediate notice by the most expeditious means and by certified mail, return receipt requested, of the impoundment and location of the vehicle or combination to the owners of the vehicle or combination and any lienholders and, if applicable, any owners of the load, if the names and addresses of the owners and lienholders are known or can be ascertained by investigation. In a city of the first class, the Philadelphia Parking Authority shall give immediate notice by first class mail, proof of mailing, of the impoundment and location of the vehicle or combination to the owners and lienholders of the vehicle or combination using reasonably available State databases.

(iv) The costs of a police officer, constable or impoundment official, appropriate law enforcement officer or the Philadelphia Parking Authority and all reasonable storage costs and all other reasonable costs incident to the impounding under subsections (b) and (c) shall be recoverable in addition to costs of prosecution.

(v) The owners of the vehicle or combination which has been subject to an impoundment order may obtain possession of the vehicle or combination upon the expiration or termination of the impoundment order as provided under this section by:

(A) Furnishing proof of valid registration and financial responsibility.

(B) Paying all costs and reasonable fees associated with the impoundment order or making arrangements with the appropriate judicial authority to make payment of all costs and reasonable fees by installments as provided by the Pennsylvania Rules of Criminal Procedure.

(vi) Any impounded vehicle or combination not recovered within 30 days of the expiration or termination of the impoundment order under this subsection may be sold as an unclaimed vehicle under section 6310 (relating to disposition of impounded vehicles, combinations and loads).

(vii) A vehicle shall not be subject to an impoundment order under this subsection if:

(A) The vehicle was reported to a police department as stolen and was not recovered prior to the time the violation under this section occurred.

(B) The vehicle is a rental vehicle which shall be immediately returned to the entity which issued the rental agreement.

(viii) An impoundment order issued under this subsection shall be immediately terminated by a court of competent jurisdiction if the owners of the vehicle submit evidence providing that the owners of the vehicle

were not driving at the time of the violation. This subparagraph shall not apply if it is determined that:

(A) the owners were present when the violation occurred; or

(B) the owners knowingly gave actual physical control of the movement of the vehicle to another person and had knowledge that the vehicle would be used to commit a violation under subsection (b).

(ix) An impoundment order issued under this subsection shall be immediately terminated by a court of competent jurisdiction if the conviction under subsection (b) is vacated, overturned, dismissed or withdrawn, or for which an individual has been pardoned.

(x) For the purposes of this subsection, the lessee or lessor of a leased vehicle or a lienholder shall be considered the owner of a vehicle.

(3) A person violating subsection (b.1) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $250.

(4) A person that knowingly organizes, controls or finances two or more persons in a course of conduct that violates subsection (b) or (b.1) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $1,000 per vehicle engaged in the conduct that violates subsection (b) or (b.1).

(5) A person that knowingly organizes, controls or finances two or more persons in a course of conduct that violates subsection (b) or (b.1) that results in the serious bodily injury or death of an individual commits a felony of the third degree. (Oct. 16, 2024, P.L.992, No.103, eff. 11 months) Cross References. Section 3367 is referred to in sections 1532, 1542, 1553, 6310 of this title.
75 Pa.C.S. § 1821 — PA Code / Title 75 / Chapter 18 / Section 1821
Membership in system.
Status: in_force

(a) General rule.--Each motor vehicle insurer shall, as a condition of authority to transact the business of insurance in this Commonwealth, obtain and maintain membership in one or more comprehensive database systems for the purpose of reporting and accessing motor vehicle insurance claims data and information.

(b) Requirements for selection.--Any comprehensive database system selected for membership by a motor vehicle insurer shall meet the following minimum qualifications:

(1) Have and maintain a computerized database.

(2) Have and maintain the capacity to interact with other comprehensive database systems or have and maintain a substantial insurer membership.

(3) Have the ability to service the insurance industry, insurance regulators or law enforcement authorities on an interstate basis.

(c) Claims information.--Each motor vehicle insurer shall report and access data and information relating to motor vehicle insurance claims to its comprehensive database systems in accordance with the systems' reporting procedures.

(d) Availability to law enforcement officials.--Any data and information reported to a comprehensive database system may be made available to law enforcement officials.

(e) Payment of expenses.--Each motor vehicle insurer shall be liable for its share of expenses incurred by any Pennsylvania-specific data index of which the insurer was a member prior to the effective date of this act. (Dec. 18, 1992, P.L.1411, No.174, eff. 60 days) 1992 Amendment. Act 174 deleted by amendment former section 1821 and added a new section 1821.
75 Pa.C.S. § 3802 — PA Code / Title 75 / Chapter 38 / Section 3802
Driving under influence of alcohol or controlled substance.
Status: in_force

(a) General impairment.--

(1) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.

(2) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(b) High rate of alcohol.--An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.10% but less than 0.16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(c) Highest rate of alcohol.--An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is 0.16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(d) Controlled substances.--An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:

(1) There is in the individual's blood any amount of a:

(i) Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act;

(ii) Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or

(iii) metabolite of a substance under subparagraph

(i) or (ii).

(2) The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle.

(3) The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle.

(4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).

(e) Minors.--A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor's blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle.

(f) Commercial or school vehicles.--An individual may not drive, operate or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances:

(1) After the individual has imbibed a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is:

(i) 0.04% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a commercial vehicle other than a school bus or a school vehicle.

(ii) 0.02% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a school bus or a school vehicle.

(2) After the individual has imbibed a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.

(3) While the individual is under the influence of a controlled substance or combination of controlled substances, as defined in section 1603 (relating to definitions).

(4) While the individual is under the combined influence of alcohol and a controlled substance or combination of controlled substances, as defined in section 1603.

(g) Exception to two-hour rule.--Notwithstanding the provisions of subsection (a), (b), (c), (e), (f) or (h), where alcohol or controlled substance concentration in an individual's blood or breath is an element of the offense, evidence of such

alcohol or controlled substance concentration more than two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle is sufficient to establish that element of the offense under the following circumstances:

(1) where the Commonwealth shows good cause explaining why the chemical test sample could not be obtained within two hours; and

(2) where the Commonwealth establishes that the individual did not imbibe any alcohol or utilize a controlled substance between the time the individual was arrested and the time the sample was obtained.

(h) Driving under the influence of alcohol or controlled substance following diversion.--

(1) An individual may not drive, operate or be in the actual physical control of the movement of a vehicle in violation of subsection (a), (b), (c), (d), (e) or (f) within 10 years after completing an Accelerated Rehabilitative Disposition program or a pretrial diversion program substantially similar to Accelerated Rehabilitative Disposition in another jurisdiction, for an offense under this section or a substantially similar offense in another jurisdiction.

(2) Any of the following shall constitute sufficient proof that the defendant has, within the last 10 years, completed an Accelerated Rehabilitative Disposition program or a pretrial diversion program substantially similar to Accelerated Rehabilitative Disposition in another jurisdiction for an offense under this section or a substantially similar offense in another jurisdiction:

(i) a certified record of the department pursuant to section 6328 (relating to admissibility of department records);

(ii) a record maintained by the clerk of courts; or

(iii) a substantially similar record from another jurisdiction.

(3) Nothing in this section shall be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the defendant has, within the last 10 years, completed an Accelerated Rehabilitative Disposition program or a pretrial diversion program substantially similar to Accelerated Rehabilitative Disposition in another jurisdiction for an offense under this section or a substantially similar offense in another jurisdiction. (May 11, 2006, P.L.155, No.36, eff. imd.; Dec. 22, 2025, P.L.363, No.58, eff. imd.) 2025 Amendment. Act 58 amended subsec. (g) and added subsec. (h). See section 8 of Act 58 in the appendix to this title for special provisions relating to findings and declarations. 2006 Amendment. See the preamble to Act 36 in the appendix to this title for special provisions relating to legislative intent. Cross References. Section 3802 is referred to in sections 102, 1534, 1539, 1541, 1543, 1547, 1552, 1553, 1554, 1556, 1575, 1586, 1604, 1611, 3326, 3327, 3716, 3732, 3732.1, 3733, 3735, 3735.1, 3755, 3803, 3804, 3805, 3806, 3807, 3811, 3812, 3814, 3815, 3816, 3817, 6506 of this title; section 14301 of Title 16 (Counties); sections 6105, 7508.1 of Title 18 (Crimes and

Offenses); section 5502 of Title 30 (Fish); section 8137 of Title 35 (Health and Safety); sections 933, 1515, 1725.3, 1725.5, 3571, 3573 of Title 42 (Judiciary and Judicial Procedure).
75 Pa.C.S. § 9701 — PA Code / Title 75 / Chapter 97 / Section 9701
Legislative oversight.
Status: in_force

(a) Findings.--The General Assembly hereby finds that imposition of a tax on oil company revenues should provide the Department of Transportation with an annual growth in revenues which offsets the growth in highway maintenance and construction costs more effectively than the annual changes in revenues produced by the flat-rate tax on the retail price of gasoline and by the various other taxes and fees levied on behalf of the department. As a result of such a tax on oil company revenues, the Department of Transportation should have sufficient revenues to carry out necessary maintenance and construction activities with less frequent increases in highway taxes and fees than the General Assembly has enacted in recent years. One effect of less frequent requests for highway tax and fee increases could be a significant decrease in the ability of the General Assembly to oversee the activities of the Department of Transportation. Accordingly, the General Assembly finds that responsible legislative oversight requires ongoing monitoring of the department's activities and periodic indepth evaluations of its performance.

(b) Annual reports.--No later than 30 days after the effective date of this section, the department shall, upon request, provide to any member of the House of Representatives and to any member of the Senate a brief outline of the maintenance and construction program planned for that member's district during the 1981-1982 fiscal year. No later than 30 days before the beginning of the 1982-1983 fiscal year and each subsequent fiscal year, the department shall, upon request, provide to any member of the House of Representatives and to any member of the Senate a brief outline of the maintenance and construction program planned for that member's district during the upcoming fiscal year. No later than 30 days after the end of the 1981-1982 fiscal year and each subsequent fiscal year, the department shall, upon request, provide to any member of the House of Representatives and to any member of the Senate a brief outline of the reasons for any major deviations from the maintenance and construction program which had been planned for that member's district during that fiscal year.

(c) Performance audits.--During the 1983-1984 fiscal year, the Legislative Budget and Finance Committee shall conduct, or cause to be conducted, a performance audit of the department carried out in accordance with the standards for performance and financial compliance auditing developed by the United States General Accounting Office. The performance audit shall determine whether the department is conducting authorized activities or programs in a manner consistent with accomplishing the objectives intended by the General Assembly and is conducting programs or activities and expending available funds in a faithful, efficient, economical and effective manner. The Legislative Budget and Finance Committee shall make a written report of the findings of the performance audit and shall submit a copy of that report to each member of the House of Representatives and each member of the Senate prior to enactment of a maintenance and construction budget for the department for the 1984-1985 fiscal year. During the 1989-1990 fiscal year and every six years thereafter, the Legislative Budget and Finance Committee shall conduct, or cause to be conducted, a performance audit of the department similar to the performance audit required by this subsection to be conducted during the 1983-1984 fiscal year.
75 Pa.C.S. § 1132.1 — PA Code / Title 75 / Chapter 11 / Section 1132.1
Perfection of a security interest in a vehicle.
Status: in_force

(a) Perfection.--A security interest in a vehicle titled in this Commonwealth is perfected at the time the department receives all of the following:

(1) A completed application specifying the lienholder's name and address. Program participants in the Address Confidentiality Program under 23 Pa.C.S. Ch. 67 (relating to domestic and sexual violence victim address confidentiality) may use a substitute address designated by the Office of Victim Advocate as their address.

(2) An amount equal to or greater than the fee required by section 1953 (relating to security interest).

(3) The manufacturer's statement of origin or the existing certificate of title for the vehicle.

(b) Duty of a lienholder.--If an additional security interest in a vehicle titled in this Commonwealth is being created by the owner of the vehicle and the certificate of title is in the possession of a lienholder, the lienholder shall, at the request of the owner, deliver the certificate of title to the person perfecting the security interest in the vehicle. Upon receipt of the certificate of title, the person perfecting the security interest in the vehicle shall deliver the certificate of title to the department in accordance with subsection (a).

(c) Work identification number.--Upon receipt of items required in subsection (a), the department shall assign or place a work identification number on each of the items. The first two numbers in the work identification number shall indicate the year in which the items were received. The next three numbers in the work identification number shall indicate the day of the year the items were received. The date indicated in the work identification number shall constitute conclusive evidence of the date of receipt and the date of perfection.

(d) Delivery of certificate of title.--Upon perfection of a security interest in a vehicle, the department shall issue a certificate of title with the names of the first two lienholders and indicate the number of additional lienholders existing at that time. The department shall mail the certificate of title to the first lienholder named in the certificate of title. (June 8, 2001, P.L.123, No.18, eff. July 1, 2001; Nov. 30, 2004, P.L.1474, No.188, eff. 180 days) 2004 Amendment. Act 188 amended subsec. (a). 2001 Amendment. Act 18 added section 1132.1.
75 Pa.C.S. § 1719 — PA Code / Title 75 / Chapter 17 / Section 1719
Coordination of benefits.
Status: in_force

(a) General rule.--Except for workers' compensation, a policy of insurance issued or delivered pursuant to this subchapter shall be primary. Any program, group contract or other arrangement for payment of benefits such as described in section 1711 (relating to required benefits), 1712(1) and (2) (relating to availability of benefits) or 1715 (relating to availability of adequate limits) shall be construed to contain a provision that all benefits provided therein shall be in excess of and not in duplication of any valid and collectible first party benefits provided in section 1711, 1712 or 1715 or workers' compensation.

(b) Definition.--As used in this section the term "program, group contract or other arrangement" includes, but is not limited to, benefits payable by a hospital plan corporation or a professional health service corporation subject to 40 Pa.C.S. Ch. 61 (relating to hospital plan corporations) or 63 (relating to professional health services plan corporations). (Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984) Cross References. Section 1719 is referred to in sections 1720, 1722 of this title.
75 Pa.C.S. § 4706.1 — PA Code / Title 75 / Chapter 47 / Section 4706.1
Centralized emission inspection litigation settlement (Expired).
Status: reserved

1998 Expiration. Section 4706.1 expired December 31, 1998. See Act 72 of 1995.
75 Pa.C.S. § 6308 — PA Code / Title 75 / Chapter 63 / Section 6308
Investigation by police officers.
Status: in_force

(a) Duty of operator or pedestrian.--The operator of any vehicle or any pedestrian reasonably believed to have violated any provision of this title shall stop upon request or signal of any police officer and shall, upon request, exhibit a registration card, driver's license and information relating to financial responsibility, or other means of identification if a pedestrian or driver of a pedalcycle, and shall write their name in the presence of the police officer if so required for the purpose of establishing identity.

(b) Authority of police officer.--Whenever a police officer is engaged in a systematic program of checking vehicles or drivers or has reasonable suspicion that a violation of this title is occurring or has occurred, he may stop a vehicle, upon request or signal, for the purpose of checking the vehicle's registration, proof of financial responsibility, vehicle identification number or engine number or the driver's license, or to secure such other information as the officer may reasonably believe to be necessary to enforce the provisions of this title.

(c) Inspection.--Any police officer or authorized department employee may, during business hours or at any other time in which work is being conducted or work is being performed, inspect any vehicle, or major component part for which records are required to be kept under subsection (d), in any garage or repair shop or on the premises of any dealer, miscellaneous motor vehicle business, salvage motor vehicle auction or pool operator, salvor, scrap metal processor, or other public place of business which deals in the trade of vehicles or major component parts for the purpose of:

(1) locating stolen vehicles or parts of vehicles or major component parts with identification numbers, Federal certification labels, anti-theft labels or parts stickers removed, altered or falsified; or

(2) inspecting the records required to be kept under subsection (d). The owner, operator, representative of the owner or operator of the business or other person shall permit any police officer or authorized department employee to make investigations under this subsection.

(d) Records.--

(1) Every salvor, miscellaneous motor vehicle business, salvage motor vehicle auction or pool operator, scrap metal processor, garage, repair shop and dealer shall keep accurate records of the purchase, acquisition, sale and disposition of vehicles as required under sections 1103.1 (relating to application for certificate of title), 1111 (relating to transfer of ownership of vehicle), 1113 (relating to transfer to or from manufacturer or dealer), 1114 (relating to transfer of vehicle by operation of law), 1119 (relating to application for certificate of title by agent), 1161 (relating to certificate of salvage required), 1162 (relating to transfer to vehicle salvage dealer), 1163 (relating to transfer to scrap metal processor) and 1164 (relating to theft vehicles). The records shall also include a corresponding customer receipt with the vehicle

identification number, make, year and type of vehicle, from whom the vehicle was purchased or acquired, sold to or disposed of, the date, location and place purchased, acquired, sold or disposed of and the amount paid or other tender exchanged for the purchase, acquisition, sale or disposition.

(2) The records shall also include a photocopy of a government-issued form of photo identification from the person towing or selling the vehicle, driver's license number and location from where the vehicle was towed or sold and the business name, address, license number and contact number of the towing company.

(3) The records shall be available on the premises of the salvor, miscellaneous motor vehicle business, salvage motor vehicle auction or pool operator, scrap metal processor, garage, repair shop and dealer and open to inspection by any police officer or authorized department employee. The records shall be maintained for three years from the date of disposition of the vehicle.

(4) If inspection under subsection (c) reveals stolen vehicles, stolen major component parts, vehicles or major component parts with identification numbers, Federal certification labels, anti-theft labels or parts stickers removed, altered or falsified, any police officer or authorized department employee may seize those vehicles or vehicle parts, records relating to the seized vehicles or vehicle parts and the business, including proof of ownership or operation of the business, as well as any instrumentalities used to facilitate criminal activity.

(d.1) Production to avoid penalty.--No person shall be convicted of failing to have in his possession a driver's license required to be exhibited under subsection (a) or (b) if the person:

(1) produces at the headquarters of the police officer who demanded to see the person's license, within 15 days of the demand, a driver's license valid in this Commonwealth at the time of the demand; or

(2) if a citation has been filed, produces at the office of the issuing authority, within 15 days of the filing of the citation, a driver's license valid in this Commonwealth on the date of the citation.

(e) Penalty.--Any person violating subsection (d) commits a misdemeanor of the third degree. (July 22, 1983, P.L.122, No.32, eff. imd.; Feb. 12, 1984, P.L.26, No.11, eff. Oct. 1, 1984; June 19, 1985, P.L.49, No.20, eff. 60 days; Feb. 2, 1990, P.L.2, No.2, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Oct. 25, 2012, P.L.1645, No.203, eff. 60 days) 2012 Amendment. Act 203 amended subsecs. (c) and (d). 2003 Amendment. Act 24 amended subsec. (b). Cross References. Section 6308 is referred to in sections 1162, 1163, 1786, 6329 of this title; section 7706 of Title 18 (Crimes and Offenses).
75 Pa.C.S. § 3312 — PA Code / Title 75 / Chapter 33 / Section 3312
Limited access highway entrances and exits.
Status: in_force

No person shall drive a vehicle onto or from any limited access highway except at such entrances and exits as are established by public authority. Cross References. Section 3312 is referred to in section 3327 of this title.
75 Pa.C.S. § 1723 — PA Code / Title 75 / Chapter 17 / Section 1723
Reporting requirements.
Status: in_force

Beginning December 31, 1986, and each year thereafter, each insurance company writing automobile insurance in this Commonwealth shall file with the Insurance Department the number of its insureds, the number of its insureds who have purchased first party medical benefits in excess of the minimum required by section 1711 (relating to required benefits) and the number of insureds who have purchased first party medical benefits under section 1715(a)(1) and (1.1) (relating to availability of adequate limits). The Insurance Department shall furnish this information to the General Assembly annually. (Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Apr. 26, 1989, P.L.13, No.4, eff. imd.)
75 Pa.C.S. § 4583 — PA Code / Title 75 / Chapter 45 / Section 4583
Hospital information program.
Status: in_force

(a) Availability of restraint devices.--The hospital, in conjunction with the attending physician, shall provide the parents of any newborn child with any information regarding the availability of loaner or rental programs for child restraint devices that may be available in the community where the child is born.

(b) Instruction and education programs.--The department shall provide instructional and educational program material through all current public information channels and to all relevant State and Federally funded, community-based programs for maximum distribution of information about this child passenger protection law.
75 Pa.C.S. § 1102 — PA Code / Title 75 / Chapter 11 / Section 1102
Vehicles not requiring certificate of title.
Status: in_force

No certificate of title is required for:

(1) A vehicle owned by the United States unless it is registered in this Commonwealth.

(2) A golf cart, motor-driven cycle, go-cart or other similar vehicle unless it is registered in this Commonwealth.

(3) A new vehicle owned by a manufacturer or registered dealer before and until sale.

(4) A vehicle owned by a nonresident of this Commonwealth and not required by law to be registered in this Commonwealth.

(5) A vehicle owned by a resident legally required to be registered in another state, based and used principally outside of this Commonwealth, and not required by law to be registered in this Commonwealth.

(6) A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state.

(7) A vehicle moved solely by human or animal power.

(8) An implement of husbandry unless required to be registered.

(9) Special mobile equipment unless required to be registered.

(10) A multipurpose agricultural vehicle.

(11) A tow dolly.

(12) An electric personal assistive mobility device. (Mar. 7, 1982, P.L.152, No.49, eff. imd.; July 11, 1985, P.L.220, No.56, eff. 60 days; Aug. 5, 1991, P.L.238, No.26, eff. imd.; July 4, 2002, P.L.692, No.105, eff. 60 days) 2002 Amendment. Act 105 added par. (12). 1991 Amendment. Act 26 added par. (11). 1985 Amendment. Act 56 added par. (10). 1982 Amendment. Act 49 amended the intro. par. and deleted par. (10). Cross References. Section 1102 is referred to in section 1101 of this title.
75 Pa.C.S. § 4727 — PA Code / Title 75 / Chapter 47 / Section 4727
Issuance of certificate of inspection.
Status: in_force

(a) Requirements prior to inspection.--No vehicle, except a vehicle held by a dealer or manufacturer for which titling is not required or a mass transit vehicle for which titling is not required, shall be inspected unless it is duly registered or titled in this Commonwealth or in any other jurisdiction. The certified inspection mechanic shall examine the registration card, title or other document as specified in department regulations in order to ascertain that the vehicle is registered or titled or that an application for title has been submitted by the vehicle owner.

(b) Requirements for issuance of certificate.--An official certificate of inspection shall not be issued unless the vehicle or mass transit vehicle is inspected and found to be in compliance with the provisions of this chapter including any regulations promulgated by the department. Notation of the odometer reading shall be included on any certificate of inspection or other document as specified in department regulations.

(c) Unsafe school buses.--School buses found to be unsafe and placed out of service by an enforcement agency shall be reported by the enforcement agency to the school authorities.

(d) Proof of insurance.--

(1) No certificate of inspection shall be issued unless proof of financial responsibility is submitted to the inspection official, who shall, on the official State Inspection record provided by the department, record the

name of the insured, the vehicle tag number, the issuing company, the policy number and the expiration date. The requirement that the inspection official record financial responsibility information shall not be construed to require the inspection official to verify the information submitted.

(2) In those cases where the insured fails to present proof of financial responsibility to the inspection official, the inspection official, in addition to denying a certificate of inspection, may provide notification to the department, on the form provided by the department, within 30 days of the insured's failure to present proof of financial responsibility. Failure of the inspection official to make notification under this subsection shall not impose any duty or liability on the mechanic or station owner.

(3) Financial responsibility may be proven by showing one of the following documents:

(i) An identification card as required by regulations promulgated by the Insurance Department.

(ii) The declaration page of an insurance policy.

(iii) A certificate of financial responsibility.

(iv) A valid binder of insurance issued by an insurance company licensed to sell motor vehicle liability insurance in Pennsylvania.

(v) A legible photocopy, facsimile or printout of an electronic transmission of a document listed in subparagraphs (i) through (iv), provided the certified inspection mechanic receives the photocopy, facsimile or printout directly from a licensed insurance company or licensed insurance agency. The certified inspection mechanic shall not accept a photocopy, facsimile or printout unless it is provided on the letterhead of the licensed insurance company or licensed insurance agency, or is provided with a letter written upon the company's or agency's letterhead, which specifically references the document provided as proof of financial responsibility by describing the insured's name and address and the make, model and vehicle identification number of the insured vehicle.

(4) If handwritten proof of financial responsibility is acceptable proof of insurance in the state where the vehicle is registered, the certified inspection mechanic may accept such handwritten proof, provided the certified inspection mechanic receives written confirmation from the applicable state, insurance company or insurance agency that handwritten proof is acceptable in that state. This paragraph is applicable only to vehicles registered in a state other than this Commonwealth.

(e) Penalty.--An inspection official who fails to complete the official State Inspection record under subsection (d) or who issues a certificate of inspection with reason to know that there has been a violation of section 7122(4) (relating to altered, forged or counterfeit documents and plates) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100. This subsection does not impose vicarious liability upon the station owner. The criminal liability of the station owner is dependent upon actual commission of the offense or upon solicitation, attempt or conspiracy to commit the offense. (June 18, 1980, P.L.223, No.67, eff. imd.; June 18, 1980, P.L.229, No.68, eff. 60 days; May 26, 1982, P.L.435, No.129, eff. imd.; Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990; June

30, 1990, P.L.266, No.63, eff. imd.; July 11, 1996, P.L.660, No.115, eff. 60 days) 1996 Amendment. Act 115 amended subsec. (d). 1990 Amendment. Act 63 amended subsec. (d) and added subsec.

(e). Cross References. Section 4727 is referred to in section 57A09 of Title 53 (Municipalities Generally).
75 Pa.C.S. § 3370.1 — PA Code / Title 75 / Chapter 33 / Section 3370.1
Automated speed enforcement study.
Status: in_force

The Local Government Commission shall conduct a study of expanding automated speed enforcement on highways and streets owned by municipalities. No later than two years after the effective date of this section, the Local Government Commission shall submit a report to the General Assembly and shall provide findings and recommendations on the expansion of automated speed enforcement on highways and streets owned by municipalities. (Dec. 14, 2023, P.L.344, No.38, eff. imd.) 2023 Amendment. Act 38 added section 3370.1.
75 Pa.C.S. § 1744 — PA Code / Title 75 / Chapter 17 / Section 1744
Termination of policies.
Status: in_force

Cancellation, refusal to renew and other termination of policies issued under the Assigned Risk Plan shall be in accordance with the rules of the plan.
75 Pa.C.S. § 1772 — PA Code / Title 75 / Chapter 17 / Section 1772
Suspension for nonpayment of judgments.
Status: in_force

(a) General rule.--The department, upon receipt of a certified copy of a judgment, shall suspend the operating privilege of each person against whom the judgment was rendered except as otherwise provided in this section and in section 1775 (relating to installment payment of judgments).

(b) Nonsuspension with consent of judgment creditor.--If the judgment creditor consents in writing, in such form as the department may prescribe, that the judgment debtor's operating privilege be retained or restored, the department shall not suspend or shall restore until the consent is revoked in writing, notwithstanding default in the payment of the judgment, or of any installment thereof prescribed in section 1775, provided the judgment debtor furnishes proof of financial responsibility.

(c) Financial responsibility in effect at time of accident.--Any person whose operating privilege has been suspended, or is about to be suspended or become subject to suspension, under this chapter shall be relieved from the effect of the judgment as prescribed in this chapter if the person files evidence satisfactory to the department that financial responsibility was in force and effect at the time of the accident resulting in the judgment and is or should be available for the satisfaction of the judgment. If insurance already obtained is not available because the insurance company has gone into receivership or bankruptcy, the person shall only be required to present to or file with the department proper evidence that an insurance policy was in force and effect at the time of the accident.

Cross References. Section 1772 is referred to in sections 1553, 1554, 1556, 1783 of this title.
75 Pa.C.S. § 1140 — PA Code / Title 75 / Chapter 11 / Section 1140
Cancellation of certificate of title or ownership for mobile home.
Status: in_force

(a) General rule.--The department may cancel a certificate of title for a mobile home affixed to real property. The person requesting the cancellation shall submit to the department an application for cancellation and the certificate of title. The application must be on a form prescribed by the department. Upon cancellation, the ownership interest in the mobile home, together with all liens and encumbrances thereon, shall be transferred to and shall encumber the real property to which the mobile home has become affixed.

(b) New certificate of title after cancellation.--If the department has previously canceled a certificate of title to a mobile home under subsection (a), the owner of the mobile home shall submit to the department all of the following:

(1) An application for a certificate of title on the forms prescribed by the department.

(2) A certificate from an attorney or title company that there are no mortgages, judgments or other liens of record against the mobile home or, if there is a lien, a certified copy of a release of lien executed by the lienholder and issued by the recorder of deeds or prothonotary, as appropriate.

(3) Such other information as the department shall require. (June 8, 2001, P.L.123, No.18, eff. July 1, 2001) 2001 Amendment. Act 18 added section 1140.
75 Pa.C.S. § 3805 — PA Code / Title 75 / Chapter 38 / Section 3805
Ignition interlock.
Status: in_force

(a) General rule.--Except as provided under subsection

(a.1), if a person violates section 3802 (relating to driving under influence of alcohol or controlled substance) or has had their operating privileges suspended pursuant to section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or 3808(c) (relating to illegally operating a motor vehicle not equipped with ignition interlock) and the person seeks a restoration of operating privileges, the department shall require as a condition of issuing a restricted license pursuant to this section that the following occur:

(1) Any motor vehicle to be operated by the individual has been equipped with an ignition interlock system and remains so for the duration of the restricted license period.

(2) If there are no motor vehicles owned or to be operated by the person or registered to the person that the person so certify to the department in accordance with the department's regulations.

(a.1) Exception.--Subsection (a) shall not apply to an individual who meets all of the following:

(1) Is subject to the penalties under section 3804(a)(1) (relating to penalties) or subject to mandatory suspension of operating privilege under section 3807(d) (relating to Accelerated Rehabilitative Disposition).

(2) Has not had a prior offense, as defined under section 3806 (relating to prior offenses).

(3) Has not previously completed Accelerated Rehabilitative Disposition within the prior 10 years for an offense under section 3806(a).

(b) Application for a restricted license.--A person subject to this section shall apply to the department for an ignition interlock restricted license under section 1951 (relating to

driver's license and learner's permit), which shall be clearly marked to restrict the person to only driving, operating or being in actual physical control of the movement of motor vehicles equipped with an ignition interlock system. Upon issuance of an ignition interlock restricted license to any person, the department shall notify the person that until the person obtains an unrestricted license the person may not drive, operate or be in actual physical control of the movement of any motor vehicle which is not equipped with an ignition interlock system.

(c) Issuance of unrestricted license.--One year from the date of issuance of an ignition interlock restricted license under this section, if otherwise eligible, a person may be issued a replacement license under section 1951(d) that does not contain the ignition interlock system restriction. The department shall not issue an unrestricted license until a person has presented all of the following:

(1) Proof that the person has completed the ignition interlock restricted license period under this section.

(2) Certification by the vendor that provided the ignition interlock device that the person has complied with subsection (h.2).

(d) Prohibition.--Except as set forth in subsections (e) and (f), until the person obtains an unrestricted license, the person may not own, register, drive, operate or be in actual physical control of the movement of any motor vehicle within this Commonwealth unless the motor vehicle is equipped with an ignition interlock system.

(e) Economic hardship exemption.--A person subject to the requirements of subsection (a) may apply to the department for a hardship exemption to the requirement that an ignition interlock system must be installed in each of the person's motor vehicles. Where the department determines that the applicant establishes that such a requirement would result in undue financial hardship, the department may permit the applicant to install an ignition interlock system on only one of the applicant's motor vehicles. However, the applicant in accordance with section 3808 (relating to illegally operating a motor vehicle not equipped with ignition interlock) shall be prohibited from driving, operating or being in actual physical control of the movement of any motor vehicle, including any of the applicant's motor vehicles, which is not equipped with an ignition interlock system.

(f) Employment exemption.--If a person with a restricted license is required in the course and scope of employment to drive, operate or be in actual physical control of the movement of a motor vehicle owned by the person's employer, the following apply:

(1) Except as set forth in paragraph (2), the person may drive, operate or be in actual physical control of the movement of that motor vehicle in the course and scope of employment without installation of an ignition interlock system if:

(i) the employer has been notified that the employee is restricted; and

(ii) the employee has proof of the notification in the employee's possession while driving, operating or being in actual physical control of the movement of the employer's motor vehicle. Proof of the notification may be established only by the notarized signature of the employer acknowledging notification on a form which shall

be provided by the department for this purpose and shall include a contact telephone number of the employer.

(2) Paragraph (1) does not apply in any of the following circumstances:

(i) To the extent that an employer-owned motor vehicle is made available to the employee for personal use.

(ii) If the employer-owned motor vehicle is owned by an entity which is wholly or partially owned or controlled by the person subject to this section.

(iii) If the employer-owned motor vehicle is a school bus; a school vehicle; or a vehicle designed to transport more than 15 passengers, including the driver.

(g) Prohibition of authorization.--This section shall not give the department authorization to impose an ignition interlock requirement on a person that has committed an offense under former section 3731 prior to October 1, 2003, without the issuance of a court order.

(h) Department approval.--An ignition interlock system required to be installed under this title must be a system which has been approved by the department. The department's approval of ignition interlock systems shall be published in the Pennsylvania Bulletin. Systems approved for use under former 42 Pa.C.S. § 7002(d) (relating to ignition interlock systems for driving under the influence) and any contracts for the installation, maintenance and inspection of the systems in effect as of the effective date of this section shall continue to be approved and in effect until the department again publishes approval of ignition interlock systems in the Pennsylvania Bulletin and enters into new contracts in support of the systems.

(h.1) Mobile installation services.--

(1) Approved service providers of department-certified manufacturers of ignition interlock systems shall be permitted to provide mobile installation of ignition interlock systems within this Commonwealth.

(2) Mobile installation of ignition interlock systems shall be held to the same security and procedural standards as provided in specifications of the department.

(3) Approved service providers of mobile installation of ignition interlock systems shall not permit the program participant or any unauthorized personnel to witness the installation of the ignition interlock system.

(4) Regular maintenance of ignition interlocks after mobile installation shall be performed according to the specifications established by the department.

(h.2) Declaration of compliance.--Restrictions imposed under section 1556 (relating to ignition interlock limited license) shall remain in effect until the department receives a declaration from the person's ignition interlock device vendor, in a form provided or approved by the department, certifying that the following incidents have not occurred in the two consecutive months prior to the date entered on the certificate, and for the purposes of a suspension imposed under section 3807(d)(2), the person's ignition interlock device vendor shall certify the following incidents have not occurred in the prior 30 days entered on the certificate:

(1) An attempt to start the vehicle with a breath alcohol concentration of 0.08% or more, not followed within 10 minutes by a subsequent attempt with a breath alcohol concentration lower than 0.08%.

(2) Failure to take or pass any required retest.

(3) Failure of the person to appear at the ignition interlock system vendor when required for maintenance, repair, calibration, monitoring, inspection or replacement of the device such that the ignition interlock system no longer functions as required under subsection (h).

(i) Offenses committed during a period for which an ignition interlock restricted license has been issued.--Except as provided in sections 1547(b.1) and 3808(c) (relating to illegally operating a motor vehicle not equipped with ignition interlock), any driver who has been issued an ignition interlock restricted license and as to whom the department receives a certified record of a conviction of an offense for which the penalty is a cancellation, disqualification, recall, suspension or revocation of operating privileges shall have the ignition interlock restricted license recalled, and the driver shall surrender the ignition interlock restricted license to the department. Following the completion of the cancellation, disqualification, recall, suspension or revocation which resulted in the recall of the ignition interlock restricted license, the department shall require that the person complete the balance of the ignition interlock restricted license period previously imposed prior to the issuance of a replacement license under section 1951(d) that does not contain an ignition interlock restriction. (Nov. 30, 2004, P.L.1667, No.211, eff. June 30, 2007; May 11, 2006, P.L.159, No.37, eff. 60 days; May 25, 2016, P.L.236, No.33, eff. 15 months; July 20, 2017, P.L.333, No.30; Dec. 22, 2025, P.L.363, No.58, eff. imd.) 2025 Amendment. Act 58 added subsec. (a.1)(3). See section 8 of Act 58 in the appendix to this title for special provisions relating to findings and declarations. 2017 Amendment. Act 30 amended subsecs. (a.1), (h.2) intro par. and (1) and (i), effective immediately as to subsecs. (a.1) and (h.2)(1) and 15 months as to subsecs. (h.2) intro par. and

(i). 2016 Amendment. Act 33 amended subsecs. (a), (b), (c) and

(f)(2)(ii) and added subsecs. (a.1) and (h.2). 2006 Amendment. Act 37 added subsec. (h.1). Special Provisions in Appendix. See section 20(1) of Act 24 of 2003 in the appendix to this title for special provisions relating to duties of department. Cross References. Section 3805 is referred to in sections 1547, 1556, 3806, 3808 of this title.
75 Pa.C.S. § 1823 — PA Code / Title 75 / Chapter 18 / Section 1823
Rules and regulations.
Status: in_force

The department may promulgate such rules and regulations as may be necessary to carry out this chapter. (Dec. 18, 1992, P.L.1411, No.174, eff. imd.) 1992 Amendment. Act 174 deleted by amendment former section 1823 and renumbered former section 1828 to section 1823.
75 Pa.C.S. § 3722 — PA Code / Title 75 / Chapter 37 / Section 3722
Off-road vehicles in urban municipalities.
Status: in_force

(a) Prohibition.--Except as provided in Subchapter C of
75 Pa.C.S. § 3353 — PA Code / Title 75 / Chapter 33 / Section 3353
Prohibitions in specified places.
Status: in_force

(a) General rule.--Except when necessary to avoid conflict with other traffic or to protect the safety of any person or vehicle or in compliance with law or the directions of a police officer or official traffic-control device, no person shall:

(1) Stop, stand or park a vehicle:

(i) On the roadway side of any vehicle stopped or parked at the edge or curb of a street except that:

(A) A pedalcycle may be parked as provided in section 3509(b)(2) (relating to parking).

(B) Standing or parking for the purpose of loading or unloading persons or property may be authorized by local ordinance, but the ordinance shall not authorize standing or parking on State designated highways except during off-peak traffic-flow hours as determined by department regulations.

(ii) On a sidewalk except that a pedalcycle may be parked as provided in section 3509(b)(2).

(iii) Within an intersection.

(iv) On a crosswalk.

(v) Between a safety zone and the adjacent curb within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official traffic-control devices.

(vi) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic.

(vii) Upon any bridge or other elevated structure upon a highway or within a highway tunnel.

(viii) On any railroad tracks.

(ix) In the area between roadways of a divided highway, including crossovers.

(x) At any place where official signs prohibit stopping.

(2) Stand or park a vehicle:

(i) In front of a public or private driveway.

(ii) Within 15 feet of a fire hydrant.

(iii) Within 20 feet of a crosswalk at an intersection.

(iv) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the site of a roadway.

(v) Within 20 feet of the driveway entrance to any fire station or, when properly sign posted, on the side of a street opposite the entrance to any fire station within 75 feet of the entrance.

(vi) Where the vehicle would prevent the free movement of a streetcar.

(vii) On a limited access highway unless authorized by official traffic-control devices.

(viii) At any place where official signs prohibit standing.

(ix) Within 30 feet upon the approach to a sign warning of the possible presence of a person with a disability in the vicinity of a roadway adjacent to the person's residence or the possible presence of a person with a disability frequently traversing the roadway at that location. This subparagraph shall not apply unless an enabling local ordinance has been passed. The ordinance may apply generally throughout the municipality or be site specific. The ordinance may specify the height of vehicles prohibited from parking in these locations. The enforcement of this subparagraph requires that a sign indicating the violation and amount of fine be posted at each applicable location. For purposes of this section, the term "disability" shall mean a hearing impairment or total or partial blindness.

(3) Park a vehicle:

(i) Within 50 feet of the nearest rail of a railroad crossing.

(ii) At any place where official signs prohibit parking.

(b) Unattended vehicle on private property.--

(1) No person shall park or leave unattended a vehicle on private property without the consent of the owner or other person in control or possession of the property except in the case of emergency or disablement of the vehicle, in which case the operator shall arrange for the removal of the vehicle as soon as possible.

(2) The provisions of this subsection shall not apply to private parking lots unless such lots are posted to notify the public of any parking restrictions and the operator of the vehicle violates such posted restrictions. For the purposes of this section "private parking lot" means a parking lot open to the public or used for parking without charge; or a parking lot used for parking with charge. The

department shall define by regulation what constitutes adequate posting for public notice.

(c) Property owner may remove vehicle.--The owner or other person in charge or possession of any property on which a vehicle is parked or left unattended in violation of the provisions of subsection (b) may remove or have removed the vehicle at the reasonable expense of the owner of the vehicle. Such person who removes or has removed a vehicle left parked or unattended in violation of the provisions of subsection (b) shall have a lien against the owner of the vehicle, in the amount of the reasonable value of the costs of removing the vehicle plus the costs of storage. Any city, borough, incorporated town or township may, by ordinance, provide for rates to be charged for removal of vehicles and for municipal regulation of authorized towing services. If storage charges are not set by the municipality, a maximum of $25 per day may be charged for storage.

(d) Restrictions by appropriate authorities.--The department on State-designated highways and local authorities on any highway within their boundaries may by erection of official traffic-control devices prohibit, limit or restrict stopping, standing or parking of vehicles on any highway where engineering and traffic studies indicate that stopping, standing or parking would constitute a safety hazard or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic.

(e) Penalty.--Any person violating any provision of this section is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $50. (Nov. 9, 1977, P.L.226, No.69, eff. imd.; Nov. 10, 1979, P.L.460, No.95, eff. imd.; Oct. 10, 1980, P.L.791, No.147, eff. imd.; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; July 2, 2004, P.L.497, No.58, eff. imd.) 2004 Amendment. Act 58 amended subsecs. (a)(2) and (e). 2002 Amendment. Act 152 amended subsec. (c). 1980 Amendment. Act 147 amended subsec. (b). 1979 Amendment. Act 95 amended subsecs. (a)(1)(i) and (c). Cross References. Section 3353 is referred to in sections 3351, 3352, 4572, 6109 of this title.
75 Pa.C.S. § 9511.4 — PA Code / Title 75 / Chapter 95 / Section 9511.4
Special revenue bonds and preliminary or interim financing.
Status: in_force

(a) Authorization.--The commission is authorized to provide, by resolution, for the issuance of special revenue bonds of the commission up to an aggregate principal amount not exceeding $5,000,000,000, exclusive of original issue discount, for the purpose of paying the cost of the department and bond-related expenses. The resolution must recite an estimate of the cost of the department. No more than $600,000,000 in aggregate principal amount of special revenue bonds, exclusive of original issue discount, may be issued in any calendar year. No bond may be issued and outstanding under this section unless the lease agreement authorized under section 8915.3 (relating to lease of Interstate 80; related agreements) is in effect as of the date of issuance. No bond may be outstanding beyond the term of the lease. Special revenue refunding bonds as set forth in section 9511.9 (relating to special revenue refunding bonds) shall not be deemed to count against the total or annual maximum issuance volume. The principal and interest of the bond shall be payable solely from pledged revenues.

(b) Form.--

(1) A bond may be issued in registered form.

(2) A bond:

(i) must be dated;

(ii) must bear interest at a rate not exceeding the rate permitted under applicable law;

(iii) must be payable semiannually or at other times as set forth in the resolution of the commission authorizing the issuance of the bonds;

(iv) must mature, as determined by the commission, no later than 40 years from the date of the bond; and

(v) may be made redeemable before maturity, at the option of the commission, at a price and under terms and conditions fixed by the commission prior to the issuance of the bonds.

(c) Issuance.--

(1) The commission may sell bonds at public or private sale and for a price it determines to be in the best interest of the Commonwealth.

(2) Bonds may be issued in series with varying provisions as to all of the following:

(i) Rates of interest, which may be fixed or variable.

(ii) Other provisions not inconsistent with this chapter.

(d) (Reserved).

(e) Payment.--

(1) The principal and interest of the bonds may be made payable in any lawful medium.

(2) The commission shall:

(i) determine the form of bonds; and

(ii) fix:

(A) the denomination of the bond; and

(B) the place of payment of principal and interest of the bond, which may be at any bank or trust company within or without this Commonwealth.

(f) Signature.--The bond must bear the manual or facsimile signature of the Governor and of the chairman of the commission. The official seal of the commission or a facsimile of the official seal shall be affixed to or printed on the bond and attested by the secretary and treasurer of the commission. If an officer whose signature or facsimile of a signature appears on a bond ceases to be an officer before the delivery of the bond, the signature or facsimile shall nevertheless be valid and sufficient for all purposes as if the officer remained in office until delivery.

(g) Negotiability.--A special revenue bond issued under this chapter shall have all the qualities and incidents of a negotiable instrument under 13 Pa.C.S. Div. 3 (relating to negotiable instruments).

(h) Proceeds.--The proceeds of a bond shall be used solely for the following:

(1) Payment of the cost of the department.

(2) Bond-related expenses.

(i) Temporary bonds.--Prior to the preparation of definitive bonds, the commission may, under similar provisions as those applicable to the definitive bonds, issue temporary bonds, exchangeable for definitive bonds upon the issuance of definitive bonds.

(j) (Reserved).

(k) Status as securities.--

(1) A bond is made a security in which any of the following may properly and legally invest funds, including capital, belonging to them or within their control:

(i) Commonwealth and municipal officers.

(ii) Commonwealth agencies.

(iii) Banks, bankers, savings banks, trust companies, saving and loan associations, investment companies and other persons carrying on a banking business.

(iv) Insurance companies, insurance associations and other persons carrying on an insurance business.

(v) Fiduciaries.

(vi) Other persons that are authorized to invest in bonds or other obligations of the Commonwealth.

(2) A bond is made a security which may properly and legally be deposited with and received by a Commonwealth or municipal officer or a Commonwealth agency for any purpose for which the deposit of bonds or other obligations of the Commonwealth is authorized by law.

(l) Borrowing.--The following shall apply:

(1) The commission is authorized to do all of the following:

(i) Borrow money at an interest rate not exceeding the rate permitted by law.

(ii) Provide for preliminary or interim financing up to, but not exceeding, the estimated total cost of the department and bond-related expenses and to evidence

the borrowing by the issuance of special revenue notes and, in its discretion, to pledge as collateral for the note or other obligation a special revenue bond issued under the provisions of this chapter. The commission may renew the note or obligation, and the payment or retirement of the note or obligation shall be considered to be payment of the cost of the project.

(2) A note or obligation issued under this subsection must contain a statement on its face that:

(i) the Commonwealth is not obligated to pay the note or obligation or interest on it, except from pledged revenues; and

(ii) neither the faith and credit nor the taxing power of the Commonwealth is pledged to the payment of its principal or interest. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 added section 9511.4.
75 Pa.C.S. § 9511.6 — PA Code / Title 75 / Chapter 95 / Section 9511.6
Trust indenture, protection of holders of obligations and depositories.
Status: in_force

(a) Indenture.--In the discretion of the commission, a bond, note or other obligation may be secured by a trust indenture by and between the commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company, within or without this Commonwealth.

(b) Pledge or assignment.--A trust indenture under subsection (a) may pledge or assign the pledged revenues but shall not convey or mortgage the turnpike or any part of the turnpike.

(c) Rights and remedies.--The resolution providing for the issuance of the bond, note or other obligation of the trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders or holders of notes or other obligations as may be reasonable and proper and not in violation of law.

(d) Depository.--It shall be lawful for any bank or trust company incorporated under the laws of this Commonwealth to act as depository of the proceeds of the bond, note or other obligation or revenue, to furnish indemnity bonds or to pledge securities as may be required by the commission.

(e) Indenture.--The trust indenture may set forth the rights and remedies of the bondholders or holders of notes or other obligations and of the trustee and may restrict the individual right of action of bondholders or holders of notes or other obligations as is customary in trust indentures securing bonds, debentures of corporations, notes or other obligations. The trust indenture may contain other provisions as the commission may deem reasonable and proper for the security of bondholders or holders of notes or other obligations. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 added section 9511.6.
75 Pa.C.S. § 8917 — PA Code / Title 75 / Chapter 89 / Section 8917
Financial plan.
Status: in_force

(a) Submission.--

(1) No later than June 1 of each year, the commission shall prepare and provide to the Secretary of the Budget a financial plan for the ensuing fiscal year of the commission that describes the commission's proposed:

(i) operating and capital expenditures;

(ii) borrowings;

(iii) liquidity and other financial management covenants and policies;

(iv) estimated toll rates; and

(v) all other revenues and expenditures.

(2) The financial plan shall demonstrate that the operation of the commission in accordance with the plan can reasonably be anticipated to result in the commission having unencumbered funds during the ensuing and future fiscal years of the commission sufficient to make the payments due to the department under this chapter and the lease agreement for the ensuing and future fiscal years after all other obligations of the commission have been met. Financial plans prepared after June 1, 2008, shall also describe any deviations that occurred from the financial plan for the prior fiscal year of the commission and the reasons for the deviations.

(b) Receipt.--If the Secretary of the Budget receives the financial plan by the date required under subsection (a), the commission shall be authorized to conduct its operations in accordance with the plan. The financial plan may not be amended by the commission unless the commission notifies the secretary in writing of the amendment.

(c) Cooperation.--The commission shall provide to the Secretary of the Budget all information requested in connection with review of a financial plan, including materials used to prepare the plan. The information shall be provided as soon as practicable after the request.

(d) Effect of provisions.--Nothing in this section shall be deemed to prevent the commission from conducting its normal course of business or prevent the commission from complying with any covenants made to current bondholders, debt holders or creditors.

(e) Lease agreement.--The provisions of this section and section 8918 (relating to failure to perform) shall be included in the lease agreement. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 added section 8917. Cross References. Section 8917 is referred to in section 8918 of this title.
75 Pa.C.S. § 8 — PA Code / Title 75 / Chapter 8 / Section 8
Findings and declarations.
Status: in_force

The intent of this act is to restore procedures by which defendants who are charged with an offense under 75 Pa.C.S. § 3802 may secure rehabilitative treatment and a clean record, while ensuring the public that repeat offenders will face appropriate consequences as set by the General Assembly if they commit subsequent offenses despite the rehabilitative opportunity. It is the intent of the General Assembly to address the Pennsylvania Supreme Court's decision in Commonwealth v. Shifflett, 335 A.3d 1158 (Pa. 2025). Explanatory Note. Act 58 amended section 9756 of Title 42 and sections 1534, 1543, 1556, 3735, 3802, 3803, 3804, 3805, 3806 and 3807 of Title 75.
75 Pa.C.S. § 7702 — PA Code / Title 75 / Chapter 77 / Section 7702
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "All-terrain vehicle" or "ATV." A motorized off-highway vehicle which travels on three or more tires and which has:

(1) a maximum width of 50 inches and a maximum dry weight of 1,200 pounds; or

(2) a width which exceeds 50 inches or a dry weight which exceeds 1,200 pounds. An ATV described in paragraph (1) may be referred to as a Class I ATV, and an ATV described in paragraph (2) may be referred to as a Class II ATV. This term does not include snowmobiles, trail bikes, motorboats, golf carts, aircraft, dune buggies, automobiles, construction machines, trucks or home utility machines; military, fire, emergency and law enforcement vehicles; implements of husbandry; multipurpose agricultural vehicles; vehicles used by the department; or any vehicle that is or is required to be registered under Chapter 13 (relating to registration of vehicles). In addition, this term does not include off-road motor vehicles used exclusively as utility vehicles for agricultural or business operations and incidentally operated or moved upon the highway.

"Cowling." (Deleted by amendment).

"Dealer." A person engaged in the business of selling snowmobiles or all-terrain vehicles at wholesale or retail who is registered or required to be registered under section 7711 (relating to registration of dealers).

"Department." The Department of Conservation and Natural Resources of the Commonwealth.

"Head lamp." A major lighting device used to provide general illumination ahead of a vehicle.

"Highway." The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

"Low-pressure tire." (Deleted by amendment).

"Snowmobile." An engine-driven vehicle which is all of the following:

(1) Is designed to travel over snow or ice.

(2) Has an endless belt track or tracks.

(3) Is steered by a ski or skis.

(4) Has an overall width of 48 inches or less. The term does not include a farm tractor, construction equipment, military vehicle, vehicle with inflatable tires or machinery used strictly for the grooming of snowmobile trails. The term includes vintage snowmobiles.

"Street." A highway, other than an alley, within the corporate limits of a political subdivision.

"Tail lamp." A device to designate the rear of a vehicle by a warning light.

"Vintage snowmobile." A snowmobile that is at least 25 years old and is not operated in this Commonwealth except at vintage snowmobile events.

"Vintage snowmobile event." An organized ride or rally for owners and operators of vintage snowmobiles, for which a permit has been issued under section 7718(a) (relating to vintage snowmobile permits) and carried and exhibited in compliance with section 7718(b) and which meets all of the following conditions:

(1) It is open to the public and publicized as such.

(2) It takes place on a specified date or dates and within a specified start and end time.

(3) It takes place on a designated trail with a specified beginning and end point. (July 11, 1985, P.L.220, No.56, eff. 60 days; June 25, 2001, P.L.701, No.68, eff. imd.; Nov. 26, 2008, P.L.1658, No.133, eff. 60 days; July 5, 2012, P.L.1000, No.113, eff. 120 days; July 2, 2014, P.L.999, No.111, eff. 60 days; July 11, 2022, P.L.1596, No.92, eff. 60 days) 2022 Amendment. Act 92 amended the def. of "all-terrain vehicle" or "ATV." 2012 Amendment. Act 113 amended the def. of "snowmobile" and added the defs. of "vintage snowmobile" and "vintage snowmobile event." Cross References. Section 7702 is referred to in section 3722 of this title.
75 Pa.C.S. § 4962 — PA Code / Title 75 / Chapter 49 / Section 4962
Conditions of permits and security for damages.
Status: in_force

(a) General rule.--Permits may be conditioned by limiting the number of trips or by establishing seasonal or other time limitations or geographic limitations including limitations as to prescribed highways or by otherwise limiting or prescribing conditions of operation under the permit as the department or local authorities shall deem necessary to protect the safety of highway users, to promote the efficient movement of traffic or to protect the highways. The department or local authorities may require such undertaking or security as they deem necessary to compensate for any damage to any highway or structure or appurtenance.

(b) Display of permit.--Every permit shall be carried in the towing vehicle and shall be open to inspection by any police officer or authorized agent of the issuing agency or any person having an accident involving a permitted vehicle or combination.

(c) Revocation of permit.--A permit shall be revocable for cause and shall be subject to summary confiscation or invalidation as provided by departmental regulations.

(d) Special escort services.--The department or local authorities shall specify what movements require special escort services of the Pennsylvania State Police, local police or department personnel as determined under section 4901(c)(2) (relating to scope and application of chapter).

(e) Liability of permittee for damage.--The permittee shall be liable for all damage to any highway structure or appurtenance sustained as a result of operating or moving under the permit.

(f) When loads permitted.--Only vehicles and combinations permitted under the following provisions shall be authorized to carry or haul loads while operating under the permit: Section 4961(a)(2), (3) and (6) (relating to authority to issue permits). Section 4965 (relating to single permits for multiple highway crossings). Section 4968 (relating to permit for movement during course of manufacture). Section 4974 (relating to permit for movement of containerized cargo). Section 4975 (relating to permit for movement of special mobile equipment). Section 4976 (relating to permit for movement of domestic animal feed). Section 4976.1 (relating to permit for movement of live domestic animals). Section 4976.2 (relating to permit for movement of eggs). Section 4977 (relating to permit for movement of wooden structures). Section 4978 (relating to permit for movement of building structural components). Section 4979 (relating to permit for movement of particleboard or fiberboard used in the manufacture of ready-to-assemble furniture). Section 4979.1 (relating to permit for movement of bulk refined oil). Section 4979.2 (relating to permit for movement of waste coal and beneficial combustion ash). Section 4979.3 (relating to permit for movement of float glass or flat glass for use in construction and other end uses). Section 4979.4 (relating to permit for movement of self-propelled cranes). Section 4979.5 (relating to permit for movement of nonhazardous liquid glue). Section 4979.6 (relating to permit for movement of waste tires).

(f.1) Authorized travel periods.--A permitted vehicle, combination or load which does not exceed 135,000 pounds gross weight and which does not exceed 10 feet in width or any height or length limitation under Subchapter B (relating to width, height and length) may be driven, hauled or towed 24 hours a day, seven days a week, if the vehicle or combination is operated at prevailing speeds. Movement under this subsection is not authorized during inclement weather, as defined in department regulations.

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(f.2) One pilot car.--Vehicles greater than 13 feet but not greater than 14 feet in body width, even if the total length of the vehicle or combination, including the load on the combination, exceeds 90 feet but is not in excess of 120 feet, shall only be required to maintain one pilot car. The position of the pilot car to the front or rear of the permitted vehicle may be determined by the department.

(f.3) Additional authorized travel periods.--Except as otherwise provided under this title, a permitted vehicle, combination or load which is oversized (over-length, over-width or over-height), overweight or both oversized and overweight may operate under a permit from sunrise to sunset every day of the week, except as follows:

(1) During a holiday period specified in department regulations or in the permit.

(2) During inclement weather as defined in department regulations.

(3) In urbanized areas as specified in department regulations or the permit.

(4) As restricted by the permit.

(f.4) Travel restriction.--A permitted oversized vehicle may not travel within 1,000 feet of another permitted oversized vehicle traveling in the same direction, unless the vehicle is one of the following:

(1) A military vehicle.

(2) A vehicle traveling in a construction zone.

(3) A vehicle traveling within 2,500 feet of a stop sign, traffic light or any other traffic control signal or event that would cause either vehicle to come to a stop.

(f.5) Transport.--Notwithstanding the provisions of this title to the contrary, a permit issued under section 4961 or 4973 (relating to permits for movement of a mobile home, a manufactured home or a modular housing unit and modular housing undercarriage) for the movement of manufactured homes, modular homes, mobile homes, manufactured construction units or modular housing undercarriages shall permit the transport of multiple sections of homes, units or undercarriages or any and all components needed or used to assemble the homes, units or undercarriages, including, but not limited to, shingles, dormers, trusses and gable end walls, provided that the multiple sections and components do not cause the overall weight to exceed 80,000 pounds or exceed the width, length or height limitations set forth in the permit.

(f.6) One certified escort vehicle.--

(1) A super load, as defined in section 3108(c) (relating to drivers of certified escort vehicles), shall be required to maintain one certified escort vehicle under section 4573(b) (relating to identification of certain vehicles) unless otherwise determined under section 4901(c) that an additional certified escort vehicle or a Pennsylvania State Police escort is necessary.

(2) The requirements of this subsection are in addition to, not in lieu of, all other pilot car requirements for the super load movement.

(f.7) Movement of dozers.--

(1) A permitted vehicle or combination hauling a dozer with an attached blade in excess of 12 feet in width, but not wider than 15 feet, may move upon a highway if:

(i) a traffic protector guiderail device is securely fastened to the dozer; or

(ii) the blade is angled so the total width of the load does not exceed 12 feet.

(2) A blade over 15 feet in width shall be removed and hauled separately.

(g) Penalty.--Any person who operates or moves or attempts to operate or move an oversize or overweight vehicle, combination or load under an altered, forged or counterfeited permit, in addition to any other violation prohibited by this title, commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $5,000 for each violation. (July 11, 1985, P.L.204, No.52, eff. 90 days; July 1, 1989, P.L.115, No.24, eff. 60 days; May 20, 1993, P.L.30, No.10, eff. 60 days; Dec. 7, 1994, P.L.820, No.115, eff. imd.; Dec. 28, 1994, P.L.1450, No.172, eff. 60 days; July 6, 1995, P.L.315, No.48, eff. 60 days; Dec. 20, 1995, P.L.669, No.75, eff. 60

days; Feb. 23, 1996, P.L.21, No.8, eff. 60 days; July 11, 1996, P.L.660, No.115; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; June 25, 1999, P.L.164, No.23, eff. 60 days; July 14, 2005, P.L.285, No.50, eff. 60 days; July 16, 2007, P.L.106, No.33, eff. 60 days; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Oct. 24, 2012, P.L.1473, No.187, eff. 60 days; Nov. 25, 2013, P.L.974, No.89, eff. 60 days; Mar. 19, 2014, P.L.361, No.23, eff. imd.; June 30, 2014, P.L.814, No.85, eff. 60 days; Oct. 30, 2015, P.L.216, No.55, eff. 60 days; July 20, 2017, P.L.318, No.24, eff. 60 days; June 25, 2021, P.L.59, No.22, eff. 60 days) 2021 Amendment. Act 22 added subsec. (f.7). 2017 Amendment. Act 24 amended subsec. (f.1). 2015 Amendment. Act 55 amended subsec. (d) and added subsec.

(f.6). 2014 Amendments. Act 23 amended subsec. (f.3) intro. par. and Act 85 amended subsec. (f.2) and added subsecs. (f.4) and

(f.5).

Amendment. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.

Amendment . Act 187 amended subsec. (f). 2010 Amendment. The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael C. Weigand Law. 1994 Amendments. Act 115 amended subsec. (c) and added subsec. (g) and Act 172 amended subsec. (c) and added subsec.

(g). The amendments by Acts 115 and 172 are identical and therefore have been merged. Cross References. Section 4962 is referred to in sections 1302, 1946, 4973 of this title.
75 Pa.C.S. § 1812 — PA Code / Title 75 / Chapter 18 / Section 1812
Content of plans.
Status: in_force

The antifraud plans of each insurer shall establish specific procedures:

(1) To prevent insurance fraud, including internal fraud involving employees or company representatives, fraud resulting from misrepresentation on applications for insurance coverage, and claims fraud.

(2) To review claims in order to detect evidence of possible insurance fraud and to investigate claims where fraud is suspected.

(3) To report fraud to appropriate law enforcement agencies and to cooperate with such agencies in their prosecution of fraud cases.

(4) To undertake civil actions against persons who have engaged in fraudulent activities.

(5) To report fraud-related data to a comprehensive database system.

(6) To ensure that costs incurred as a result of insurance fraud are not included in any rate base affecting the premiums of motor vehicle insurance consumers. (Dec. 18, 1992, P.L.1411, No.174, eff. imd.) Cross References. Section 1812 is referred to in sections 1813, 1815 of this title.
75 Pa.C.S. § 8510.2 — PA Code / Title 75 / Chapter 85 / Section 8510.2
Regulations and guidelines.
Status: in_force

(a) General rule.--In order to facilitate the prompt implementation of this subchapter, the department shall promulgate regulations or publish guidelines that are consistent with:

(1) This title.

(2) Federal law or regulations relating to highly automated vehicles.

(b) Temporary regulations.--Notwithstanding any other provision of law, and subject to subsection (d), regulations promulgated by the department under this subchapter during the two years following the effective date of this section shall be deemed temporary regulations, which shall expire no later than three years following the effective date of this section or upon promulgation of final regulations. The temporary regulations shall not be subject to:

(1) Section 612 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(2) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.

(3) Sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.

(4) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(c) Publication.--The department shall transmit temporary regulations promulgated under subsection (b) to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

(d) Consultation and public comment.--Prior to promulgating regulations, temporary regulations or publishing guidelines and policies under this subchapter, the department shall consult with the advisory committee in a public meeting. The department shall conduct a 10-day public comment period before promulgating temporary regulations or publishing guidelines, and the department shall adhere to the public comment period under the Regulatory Review Act before promulgating regulations. (Nov. 3, 2022, P.L.1946, No.130, eff. imd.)

2022 Amendment. Act 130 added section 8510.2.
75 Pa.C.S. § 1615 — PA Code / Title 75 / Chapter 16 / Section 1615
Authority to enter agreements.
Status: in_force

The department may enter into or make agreements, arrangements or declarations to carry out the provisions of this chapter.
75 Pa.C.S. § 1799.4 — PA Code / Title 75 / Chapter 17 / Section 1799.4
Examination of vehicle repairs.
Status: in_force

Upon request of the insurer, an insurance adjuster shall be afforded a reasonable opportunity to enter a repair facility and examine covered repairs being made to a specific insured's vehicle during regular business hours. (Feb. 7, 1990, P.L.11, No.6, eff. 60 days) 1990 Amendment. Act 6 added section 1799.4.
75 Pa.C.S. § 7903 — PA Code / Title 75 / Chapter 79 / Section 7903
Waiver of examination.
Status: in_force

Applicants who have successfully completed an approved motorcycle safety course shall be deemed to have met the requirements of the motorcycle operator's license examination administered by the department and the examination shall be waived.
75 Pa.C.S. § 6126 — PA Code / Title 75 / Chapter 61 / Section 6126
Interference with devices, signs or signals.
Status: in_force

(a) General rule.--No person shall, without lawful authority, attempt to or in fact, alter, twist, obstruct, deface, injure, knock down, remove or interfere with the effective operation of any official traffic-control device, or any railroad sign or signal, or any inscription, shield or insignia thereon or any other part thereof. A person shall not intentionally destroy, remove, injure or deface a temporary

traffic-control device erected for the purpose of enhancing traffic safety or worker safety in a construction or maintenance workzone. For purposes of this subsection, a traffic-control device includes a cone, tubular marker, delineator, warning light, drum, barricade, sign, sign truck, arrow board or other device specified in an approved traffic-control plan or by department regulations.

(b) Penalty.--A person who violates this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $50 for each traffic-control device that was destroyed, removed, injured or defaced and to make restitution under 18 Pa.C.S. § 1106 (relating to restitution for injuries to person or property). (July 2, 1993, P.L.408, No.58, eff. 60 days)
75 Pa.C.S. § 46 — PA Code / Title 75 / Chapter 46 / Section 46
Maximum principal amount of additional debt.
Status: in_force

The maximum principal amount of additional debt to be incurred under this act for capital projects specifically itemized in a capital project itemization act pursuant to section 7(a)(4) of Article VIII of the Constitution of Pennsylvania shall be $500,000,000. Debt shall be incurred in accordance with the act of February 9, 1999 (P.L.1, No.1), known as the Capital Facilities Debt Enabling Act, and the Motor License Fund shall be charged with the repayment of the debt. The net proceeds from the sale of obligations authorized in this section are appropriated to the Department of Transportation to be used exclusively to defray financial costs of capital projects specifically itemized in accordance with the Capital Facilities Debt Enabling Act. The money necessary to pay debt service or to pay arbitrage rebates required under section 148 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 148) due on the obligations under this section in fiscal year 2013-2014 is appropriated to the State Treasurer from the Motor License Fund.
75 Pa.C.S. § 3302 — PA Code / Title 75 / Chapter 33 / Section 3302
Meeting vehicle proceeding in opposite direction.
Status: in_force

Drivers of vehicles proceeding in opposite directions shall pass each other to the right and, upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible. Cross References. Section 3302 is referred to in sections 1535, 3326, 3327 of this title.
75 Pa.C.S. § 1505 — PA Code / Title 75 / Chapter 15 / Section 1505
Learners' permits.
Status: in_force

(a) General rule.--A person who desires to obtain a driver's license or who desires to be licensed in a class for which the person is not already licensed shall apply to the department for the class or classes of license in which the person desires to be licensed. The department shall issue to each applicant a learner's permit which shall clearly identify the class of license applied for as provided in section 1504 (relating to classes of licenses).

(b) Learner must be accompanied.--A learner's permit entitles the person to whom it was issued to drive vehicles and combinations of vehicles of the class or classes specified, but only while the holder of the learner's permit is accompanied by and under the immediate supervision of a person who:

(1) is at least 21 years of age or, if the spouse of the learner's permit holder, is at least 18 years of age; or, if a parent, guardian or person in loco parentis of the learner's permit holder, is at least 18 years of age;

(2) is licensed to drive vehicles of the class then being driven by the holder of the learner's permit;

(3) is actually occupying a seat beside the holder of the learner's permit unless the vehicle is a motorcycle; and

(4) is not manifestly under the influence of alcohol or drugs to the degree that the person may endanger themselves or others.

(c) Operation of motorcycle.--A motorcycle learner's permit entitles the person to whom it is issued to operate a motorcycle only between sunrise and sunset and, except for a driver licensed to drive another class of vehicle, only while under the instruction and immediate supervision of a licensed motorcycle operator. Motorcycle learners shall not carry any passenger other than an instructor properly licensed to operate a motorcycle.

(d) Duration of permit.--

(1) A learner's permit shall be valid for a period of one year after date of issue, or until the holder of the permit has failed the examination as authorized in section 1508 (relating to examination of applicant for driver's license) three times within the one-year period.

(2) A person may reapply for a motorcycle learner's permit no more frequently than three times in a five-year period from when the person first applies. A motorcycle learner's permit is not renewable.

(e) Authorization to test for driver's license and junior driver's license.--A person with a learner's permit is authorized to take the examination for a regular or junior driver's license for the class of vehicle for which a permit is held. Before a person under the age of 18 years may take the examination for a junior driver's license, including a Class M license to operate a motorcycle, the minor must:

(1) Have held a learner's permit for that class of vehicle for a period of six months.

(2) Present to the department a certification form signed by the father, mother, guardian, person in loco parentis or spouse of a married minor stating that the minor applicant has:

(i) completed 65 hours of practical driving experience accompanied as required under subsection (b);

(ii) except for a Class M license to operate a motorcycle, the 65 hours included no less than ten hours of nighttime driving and five hours of inclement weather driving; and

(iii) printed, at the department's discretion, or viewed educational materials provided on the department's publicly accessible Internet website on the dangers of distracted driving, which may include, but are not limited to, written, electronic or video materials.

(3) Have the certification form completed when the minor is ready for the licensing examination. The certification form shall be developed by the department and will be provided by the department when the original application for a learner's permit is processed. The department will make this form readily available through the mail or electronic means.

(4) For a Class M license to operate a motorcycle, present evidence of successful completion of the department-approved motorcycle safety course.

(f) Filing a false certification.--Any person who knowingly files a false certification commits a summary offense under section 6502 (relating to summary offenses).

(g) Liability.--Submission of a certification under subsection (e)(2) shall not subject the parent, guardian, person in loco parentis or spouse of a married minor to any liability based upon the certification.

(h) Requirements for a bioptic telescope learner's permit.--An individual with visual acuity less than 20/100 combined visual acuity but at least 20/200 visual acuity in the best corrected eye shall be eligible to apply for a bioptic telescope learner's permit, provided the individual meets the following:

(1) The applicant is given a complete vision examination, including plotted visual fields, and meets the visual requirements necessary for bioptic telescope driving.

(2) The applicant has color vision sufficient to respond correctly to the presence of, or changes in, traffic light color, pavement markings, road signs, turn indicators, brake lights, emergency flashers or the presence of other road users, including emergency vehicles, as determined by a qualified health care provider.

(3) The applicant provides proof of having a prescription bioptic telescope lens system in the applicant's physical possession for at least three months, and a statement of successful completion of at least 10 hours of front seat passenger-in-car instruction while wearing a bioptic telescope by a low-vision rehabilitation specialist.

(4) The applicant provides a letter of enrollment with a low-vision rehabilitation specialist.

(5) Bioptic telescope correction is no greater than a 6X telescope and firmly fixed in the glasses or attached permanently to the bridge of the frame.

(i) Issuance of bioptic telescope learner's permit.--

(1) Upon application by an eligible individual, the department shall issue a bioptic telescope learner's permit authorizing the permittee to drive only while wearing a bioptic telescope lens and during 30 minutes after sunrise through 30 minutes before sunset only.

(2) The bioptic telescope learner's permit shall be valid for 12 months.

(j) Authorization to test for driver's license with bioptic telescopes.--The following shall apply:

(1) Before an individual with a bioptic telescope learner's permit may take the examination for a driver's license, the individual must:

(i) Obtain a minimum of 20 hours of behind-the-wheel driver training using a bioptic telescope with a certified driving instructor or certified driver rehabilitation specialist knowledgeable in the use of a bioptic telescope for driving.

(ii) After completion of the training under subparagraph (i), complete a minimum of 45 hours of observed driving hours with a licensed driver who is at least 21 years of age. The driving under this paragraph must include five hours of adverse weather driving.

(iii) After completion of the training and driving under subparagraphs (i) and (ii), the permittee must be reevaluated by a low-vision rehabilitation specialist. Based on the reevaluation, the low-vision rehabilitation specialist may recommend the department schedule the permittee for an on-road driving examination administered by the department.

(2) Paragraph (1)(ii) may be waived for experienced drivers with stable visual acuity and fields of vision and a clean driving record based on the recommendation of a low-vision rehabilitation specialist. (May 21, 1992, P.L.245, No.38, eff. 60 days; June 25, 1999, P.L.164, No.23, eff. 180 days; July 15, 2004, P.L.694, No.75, eff. 60 days; Oct. 25, 2011, P.L.334, No.81, eff. 60 days; July 2, 2012, P.L.735, No.84; Dec. 23, 2013, P.L.1251, No.126, eff. 60 days; Oct. 24, 2018, P.L.925, No.153, eff. 60 days; Nov. 25, 2020, P.L.1246, No.131, eff. 10 months; June 5, 2024, P.L.366, No.18, eff. 12 months) 2024 Amendment. Act 18 amended subsec. (e)(2). The preamble of Act 18 provided that Act 18 may be referred to as Paul Miller's Law. 2020 Amendment. Act 131 added subsecs. (h), (i) and (j). 2018 Amendment. Act 153 amended subsec. (b). 2013 Amendment. Act 126 amended subsec. (d). 2012 Amendment. Act 84 amended subsec. (e) and added subsec.

(g), effective in 60 days as to subsec. (e) and 90 days as to the remainder of the section. Cross References. Section 1505 is referred to in sections 1503, 1508, 1512, 1554, 1607 of this title.
75 Pa.C.S. § 9003 — PA Code / Title 75 / Chapter 90 / Section 9003
Liquid fuels and fuels permits; bond or deposit of securities.
Status: in_force

(a) Permit required; violation.--A distributor may not engage in the use or sale and delivery of liquid fuels within this Commonwealth without a liquid fuels permit or engage in the use or sale and delivery of fuels within this Commonwealth

without a fuels permit. Each day in which a distributor engages in the use or sale and delivery of liquid fuels within this Commonwealth without a liquid fuels permit or fuels without a fuels permit shall constitute a separate offense. For each such offense, the distributor commits a misdemeanor of the third degree.

(b) Application.--A person desiring to operate as a distributor shall file an application for a liquid fuels permit or a fuels permit, or both, with the department. The application for a permit must be made upon a form prescribed by the department and must set forth the name under which the applicant transacts or intends to transact business, the location of the place of business within this Commonwealth and such other information as the department may require. If the applicant has or intends to have more than one place of business within this Commonwealth, the application shall state the location of each place of business. If the applicant is an association, the application shall set forth the names and addresses of the persons constituting the association. If the applicant is a corporation, the application shall set forth the names and addresses of the principal officers of the corporation and any other information prescribed by the department for purposes of identification. The application shall be signed and verified by oath or affirmation by:

(1) the owner, if the applicant is an individual;

(2) a member or partner, if the applicant is an association; or

(3) an officer or an individual authorized in a writing attached to the application, if the applicant is a corporation.

(c) Permit issuance.--Upon approval of the application and the bond required in subsection (d), the department shall grant and issue to each distributor a permit for each place of business within this Commonwealth set forth in the application. Permits shall not be assignable and shall be valid only for the distributors in whose names they are issued. Permits shall be valid only for the transaction of business at the places designated. Permits shall be conspicuously displayed at the places for which they are issued. A permit shall expire on the May 31 next succeeding the date upon which it was issued.

(d) Surety bond.--A permit shall not be granted until the applicant has filed with the department a surety bond payable to the Commonwealth in an amount fixed by the department of at least $2,500. Every bond must have as surety an authorized surety company approved by the department. The bond must state that the distributor will faithfully comply with the provisions of this chapter during the effective period of his permit. The department may require any distributor to furnish such additional, acceptable corporate surety bond as necessary to secure at all times the payment to the Commonwealth of all taxes, penalties and interest due under the provisions of this chapter and section 9502 (relating to imposition of tax). If a distributor fails to file the additional bond within ten days after written notice from the department, the department may suspend or revoke the permit and collect all taxes, penalties and interest due. For the purpose of determining whether an existing bond is sufficient, the department may by written notice require a distributor to furnish a financial statement in such form as it may prescribe. Upon failure of any distributor to furnish a financial statement within 30 days of written notice, the department may suspend or revoke the permit and shall collect all taxes, penalties and interest due by him.

(d.1) Waiver of surety bond.--

(1) The department shall waive the bond required by subsection (d) with respect to retail sales of kerosene sold for private household use.

(2) The department may waive the bond required by subsection (d) with respect to a class of distributors if the department finds that the cost of bonding to that class is excessive when compared to the risk of loss to the Commonwealth.

(e) Surety discharge.--A surety on a bond furnished by a distributor as provided in this section shall be released and discharged from liability to the Commonwealth accruing on the bond after the expiration of 60 days from the date upon which such surety shall have lodged with the department a written request to be released and discharged. This provision shall not operate to relieve, release or discharge the surety from liability already accrued or which shall accrue before the expiration of the 60-day period. The department shall, upon receiving any such request, notify the distributor who furnished the bond. Unless the distributor, on or before the expiration of the 60-day period, files with the department a new bond, with corporate surety approved by and acceptable to the department, the department shall cancel the distributor's permit or permits. If a new bond is furnished by a distributor, the department shall cancel and surrender the old bond of the distributor as soon as it and the Office of Attorney General are satisfied that all liability under the old bond has been fully discharged.

(f) Renewal.--Permits issued under the provisions of this chapter may be renewed annually, before June 1, upon an application being made to the department. No permit shall be renewed until the applicant files with the department a new surety bond in an amount fixed by the department and conditioned that the distributor will faithfully comply with the provisions of this chapter and section 9502.

(g) Interstate or foreign commerce.--Nothing contained in this chapter shall require the filing of any application or bond or the possession and display of a liquid fuels permit for the use or sale and delivery of liquid fuels in interstate or foreign commerce not within the taxing power of the Commonwealth or for the use of liquid fuels by the Federal Government.

(h) Financial guarantees.--Any person required by the provisions of this section to file a surety bond may, in lieu of the bond, deposit with the State Treasurer bonds of the United States or of the Commonwealth, the par value of which is the amount of the surety bond required of such person, or present to the State Treasurer satisfactory evidence of financial guarantees in the form of an irrevocable letter of credit from a financial institution authorized to do business in this Commonwealth. The treasurer shall issue to the person a certificate of such deposit or financial guarantee. The person shall file the certificate with the department. Its securities or letter of credit deposited with the State Treasurer shall be held as a guarantee that the holder of the permit shall faithfully comply with the provisions of this chapter and section 9502 during the effective period of the permit. The securities or letter of credit shall be retained by the State Treasurer for a period of 60 days after the termination of the permit, and such securities or letter of credit shall not be released from any liability to the Commonwealth already accrued or which shall accrue before the expiration of the 60-day period. At the end of the 60-day period, the securities or

letter of credit shall be returned to their owner only if all claims of the Commonwealth guaranteed by the deposit have been fully satisfied.

(i) Penalties.--Any person that assigns a permit or fails to display conspicuously a permit at the place for which it is issued commits a summary offense. (Dec. 21, 1998, P.L.1126, No.151, eff. 60 days) 1998 Amendment. Act 151 added subsec. (d.1). Cross References. Section 9003 is referred to in section 9405 of this title.
75 Pa.C.S. § 7905 — PA Code / Title 75 / Chapter 79 / Section 7905
Restricted receipts account.
Status: in_force

The department shall deposit all moneys received from the additional fees collected under this chapter in a restricted receipts fund, which shall be known as the Motorcycle Safety Education Account, and such moneys shall be applied to the costs incurred in administering and conducting motorcycle safety education programs.
75 Pa.C.S. § 9014 — PA Code / Title 75 / Chapter 90 / Section 9014
Collection of unpaid taxes.
Status: in_force

(a) When collection commences.--

(1) The department shall call upon the Office of Attorney General to collect taxes, penalties or interest imposed by this chapter or section 9502 (relating to imposition of tax) at the following times:

(i) When payment is not made within 30 days of determination unless a petition for redetermination has been filed.

(ii) When payment is not made within 30 days of the date of redetermination unless a petition for review has been filed.

(iii) When payment is not made within 90 days from the date of the decision of the Board of Finance and Revenue upon a petition for review.

(iv) When payment is not made by the expiration of the board's time for acting upon a petition if no appeal has been made.

(2) The department shall call upon the Office of Attorney General to collect taxes, penalties or interest imposed by this chapter or section 9502 if there is a judicial sale of property subject to lien under section 9013 (relating to lien of taxes, penalties and interest).

(b) Commission.--On all claims for taxes, penalties and interest which are collected after the institution of suit by the Office of Attorney General, the distributor shall pay an Attorney General's commission of 5% upon the amount of recovery not exceeding $10,000 and of 3% upon the amount of recovery in excess of $10,000. Payment of the Attorney General's commission shall not affect liability for any penalty or interest payable under this chapter. The Attorney General's commission shall be paid into the State Treasury through the department for credit to the General Fund. The amount of the Attorney General's commission shall be added to the amount of the claim against the distributor and shall be a lien against the distributor's property in like manner as the amount of the claim.

(c) Trust fund for certain taxes.--

(1) All taxes collected by a taxpayer from a purchaser under this chapter or Chapter 95 (relating to taxes for highway maintenance and construction) which have not been properly refunded to the purchaser shall constitute a trust fund for the Commonwealth.

(2) Subject to the provisions of paragraph (3), the trust shall be enforceable against the taxpayer and any person, other than a purchaser to whom a refund has been properly made, receiving any part of the fund without consideration or knowing that the taxpayer is committing a breach of trust.

(3) A person receiving payment of a lawful obligation of the taxpayer from the fund shall be presumed to have received the payment in good faith and without any knowledge of the breach of trust.

(4) Unpaid taxes, penalties and interest due for which a trust may be enforced against the partners or members of an association or the officers of a corporation under this section shall also be a lien upon franchises and property of a partner, member or officer under section 9013.
75 Pa.C.S. § 4106 — PA Code / Title 75 / Chapter 41 / Section 4106
Market surveillance program.
Status: in_force

(a) General rule.--The department shall maintain a continuing program of market surveillance to insure that any items of vehicle equipment offered for sale in this Commonwealth and for which approvals are required are in compliance with the law.

(b) Purchase and testing of samples.--The department may undertake at State expense random retail purchase and compliance testing of samples of equipment which is covered by a valid certificate of approval or which has been certified by its manufacturer as being in compliance with an applicable Federal motor vehicle safety standard. If the samples, upon testing, fail to meet the applicable performance requirements, the department may commence revocation proceedings pursuant to section 4105 (relating to revocation and renewal of certificates of approval).

(c) Notice of violations.--If the market surveillance program reveals instances of items of equipment being offered for sale which have not been submitted for approval as required by State law or regulation or have been disapproved or have not been certified as being in compliance with an applicable Federal standard, immediate written notice of that fact shall be

furnished the dealer, distributor, wholesaler or manufacturer. The dealer shall not thereafter sell the equipment and the distributor, wholesaler or manufacturer shall recall all the equipment from all dealers.
75 Pa.C.S. § 3521 — PA Code / Title 75 / Chapter 35 / Section 3521
Applicability of traffic laws to motorcycles.
Status: in_force

Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this title, except as to special provisions in this subchapter and except as to those provisions of this title which by their nature can have no application.
75 Pa.C.S. § 6148 — PA Code / Title 75 / Chapter 61 / Section 6148
Applicability to leased vehicles.
Status: in_force

An agreement or arrangement entered into, or a declaration issued, under the authority of this subchapter may contain provisions under which a leased vehicle properly registered by the lessor may be entitled, subject to terms and conditions stated therein, to the exemptions, benefits and privileges extended by such agreement, arrangement or declaration.
75 Pa.C.S. § 1784 — PA Code / Title 75 / Chapter 17 / Section 1784
Proof of financial responsibility following violation.
Status: in_force

A defendant who is convicted of a traffic offense, other than a parking offense, that requires a court appearance shall be required to show proof of financial responsibility covering the operation of the vehicle at the time of the offense. If the defendant fails to show proof of financial responsibility, the court shall notify the department of that fact. Upon receipt of the notice, the department shall revoke the registration of the vehicle. If the defendant is the owner of the vehicle, the department shall also suspend the operating privilege of the defendant. (Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984) Cross References. Section 1784 is referred to in sections 1553, 1783 of this title.
75 Pa.C.S. § 1313 — PA Code / Title 75 / Chapter 13 / Section 1313
Duplicate registration cards.
Status: in_force

(a) Additional cards upon request.--The department shall, if so requested, issue to the registrant of any vehicle whose registration is not under suspension a duplicate registration card, or as many duplicate registration cards as requested, upon payment of the fee provided in this title for each card.

(b) Replacement of lost or illegible card.--In the event of a lost, stolen, destroyed or illegible registration card, the registrant shall apply to the department for a duplicate within 48 hours of discovery of the loss or defacement of such registration card, upon a form furnished by the department, and accompanied by the fee provided in this title.

(c) Affidavit to avoid penalty.--No owner or operator of a vehicle shall be subject to a fine for failure to have the registration card if the owner or operator makes affidavit that the card was lost or stolen within the period of 20 days preceding and that application for new registration card was made within 48 hours as required in this section.
75 Pa.C.S. § 4722 — PA Code / Title 75 / Chapter 47 / Section 4722
Certificate of appointment.
Status: in_force

(a) Application and issuance.--Application for a certificate of appointment shall be made upon an official form. The certificate of appointment shall be issued only when the department is satisfied that the station is equipped properly and has competent personnel to make inspections and adjustments and that inspections will be conducted properly. Only those stations fulfilling department requirements and complying with

department regulations shall be issued a certificate of appointment.

(b) Separate application for each place of business.--If the applicant has or intends to have more than one place of business within this Commonwealth, a separate application shall be made for each place of business.

(c) Bond or proof of insurance.--Before issuing a certificate of appointment the department shall require a bond or proof of insurance to provide compensation for any damage to a vehicle during an inspection or adjustment due to negligence on the part of the applicant or its employees in such amount as is deemed adequate by the department pursuant to department regulations.

(d) Waiver.--The department shall promulgate regulations to provide a waiver of the 40-hour requirement that an inspection station must be open for business. The regulations shall establish the minimum requirements to be eligible for the waiver and shall require, at a minimum, that the inspection station be open for business at least ten business hours during the normal workweek (Monday through Friday) between 7 a.m. and 8 p.m. (Dec. 9, 2002, P.L.1278, No.152, eff. 60 days) 2002 Amendment. Act 152 added subsec. (d). See section 24 of Act 152 in the appendix to this title for special provisions relating to waiver of hour requirements for official inspection stations.
75 Pa.C.S. § 9001 — PA Code / Title 75 / Chapter 90 / Section 9001
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Liquid Fuels and Fuels Tax Act.
75 Pa.C.S. § 7307 — PA Code / Title 75 / Chapter 73 / Section 7307
Authorization for disposal of unclaimed vehicles.
Status: in_force

The department shall, after the expiration of 30 days from the date of notice sent by certified mail to the registered owner and all lienholders of record or 30 days after publication of notice, where applicable, and upon receipt of a written statement from the holder of the vehicle that the abandoned vehicle has not been reclaimed by the owner or lienholder within the 30-day period, authorize the disposal of the abandoned vehicle in accordance with the provisions of this chapter.
75 Pa.C.S. § 6326 — PA Code / Title 75 / Chapter 63 / Section 6326
Traffic citation forms (Repealed).
Status: repealed

1976 Repeal. Section 6326 was repealed December 2, 1976, P.L.1238, No.275, eff. imd.
75 Pa.C.S. § 3720 — PA Code / Title 75 / Chapter 37 / Section 3720
Snow and ice dislodged or falling from moving vehicle (Repealed).
Status: repealed

2022 Repeal. Section 3720 was repealed July 11, 2022, P.L.1585, No.90, effective in 60 days.
75 Pa.C.S. § 1132 — PA Code / Title 75 / Chapter 11 / Section 1132
Perfection of security interest (Deleted by amendment).
Status: in_force

2001 Amendment. Section 1132 was deleted by amendment June 8, 2001, P.L.123, No.18, effective July 1, 2001.
75 Pa.C.S. § 6102 — PA Code / Title 75 / Chapter 61 / Section 6102
Powers and duties of department and local authorities.
Status: in_force

(a) Department.--The department is charged with the duty of administering the provisions of this title and of all laws the administration of which is now or hereafter vested in the department.

(b) Local authorities.--Local authorities may exercise the powers granted in this chapter only by duly enacted ordinances of their governing bodies.
75 Pa.C.S. § 3327 — PA Code / Title 75 / Chapter 33 / Section 3327
Duty of driver in emergency response areas and in relation to disabled vehicles.
Status: in_force

(a) Emergency response areas.--When approaching or passing an emergency response area, 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 speed of no more than 20 miles per hour less than the posted speed limit and reasonable for safely passing the emergency response area.

(a.1) Disabled vehicles.--When approaching or passing a disabled vehicle, a person shall:

(1) if it is possible to do so, pass in a lane not adjacent to that of the disabled vehicle; or

(2) if it is impossible, illegal or unsafe to comply with paragraph (1), pass the disabled vehicle at a rate of speed that is no more than 20 miles per hour less than the posted speed limit and reasonable for safely passing the disabled vehicle.

(b) Penalty.--Any person violating subsection (a) or (a.1) commits a summary offense and shall, upon conviction, pay:

(1) For a first offense, a fine of not more than $500.

(2) For a second offense, a fine of not more than $1,000.

(3) For a third or subsequent offense, a fine of not more than $2,000.

(b.1) Suspension of operating privilege.--

(1) Except as otherwise provided in paragraph (2), in accordance with section 1540 (relating to surrender of license), 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 an Accelerated Rehabilitative Disposition program or a preadjudication program for a violation of subsection (a) or (a.1), if the certified conviction:

(i) indicates the violation resulted in serious bodily injury to or death of another person; or

(ii) is the driver's third or subsequent conviction for a violation of subsection (a) or (a.1).

(2) Upon receiving a certified record of the driver's conviction, adjudication of delinquency or admission into an Accelerated Rehabilitative Disposition program or a preadjudication program for a violation of subsection (a) or (a.1), in accordance with section 1540, the department shall suspend the operating privilege of the driver in accordance with the following:

(i) For a period of six months if the certified conviction, adjudication of delinquency or admission into an Accelerated Rehabilitative Disposition program or a preadjudication program indicates the violation resulted in the serious bodily injury of an emergency service responder or a person in or near a disabled vehicle.

(ii) For a period of one year if the certified conviction, adjudication of delinquency or admission into an Accelerated Rehabilitative Disposition program or a preadjudication program indicates the violation resulted in the death of an emergency service responder or a person in or near a disabled vehicle.

(b.2) Penalties for bodily injury or death in emergency response areas.--In addition to any other penalty prescribed by law, a driver who violates subsection (a) and causes bodily injury to, serious bodily injury to or the death of an emergency service responder or another person commits an offense and shall, upon conviction, as follows:

(1) For causing bodily injury as defined in 18 Pa.C.S. § 2301 (relating to definitions), pay a fine of not more than $1,000.

(2) For causing serious bodily injury, pay a fine of not more than $5,000.

(3) For causing death, pay a fine of not more than $10,000.

(b.3) Penalties for bodily injury or death in relation to disabled vehicles.--In addition to any other penalty prescribed by law, a driver who violates subsection (a.1) and causes bodily injury to, serious bodily injury to or the death of another person commits an offense:

(1) For causing bodily injury as defined in 18 Pa.C.S. § 2301, pay a fine of not more than $1,000.

(2) For causing serious bodily injury as defined in 18 Pa.C.S. § 2301, pay a fine of not more than $5,000.

(3) For causing death, pay a fine of not more than $10,000.

(c) Marking.--

(1) 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).

(2) A disabled vehicle shall use at least two of the following markings:

(i) Vehicular hazard signal lamps as provided in section 4305 (relating to vehicular hazard signal lamps).

(ii) Caution signs or other traffic-control device.

(iii) Road flares.

(d) Reports by emergency service responders.--

(1) An emergency service responder observing a violation of subsection (a) or (a.1) 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 subsections (b), (b.2) and (b.3), 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 periodically throughout the year and maintain information on the department's publicly

accessible Internet website. The department shall refer to the education effort as the "Move Over" campaign.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Disabled vehicle." A vehicle that is in a traffic lane or on the side of a traffic lane and is clearly marked with at least two of the markings specified in subsection (c)(2).

"Emergency response area." Any of the following:

(1) 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 or controlling or directing traffic as long as the emergency vehicle is making use of visual signals meeting the requirements of Subchapter D of
75 Pa.C.S. § 1785 — PA Code / Title 75 / Chapter 17 / Section 1785
Proof of financial responsibility following accident.
Status: in_force

If the department determines that the owner of a motor vehicle involved in an accident requiring notice to a police department pursuant to section 3746 (relating to immediate notice of accident to police department) did not maintain financial responsibility on the motor vehicle at the time of the accident, the department shall suspend the operating privilege of the owner, where applicable, and the department shall revoke the registration of the vehicle. (Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984) Cross References. Section 1785 is referred to in sections 1553, 1783 of this title.
75 Pa.C.S. § 6115 — PA Code / Title 75 / Chapter 61 / Section 6115
Emergency telephones along Pennsylvania Turnpike.
Status: in_force

The Pennsylvania Turnpike Commission may provide for the installation and maintenance of an emergency telephone along every two miles on both sides of the highway along a 50-mile stretch of the Pennsylvania Turnpike between Exits 8 and 11. (Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; July 8, 2016, P.L.493, No.77, eff. 60 days)
75 Pa.C.S. § 1360 — PA Code / Title 75 / Chapter 13 / Section 1360
Special plates for veterans of Vietnam Conflict.
Status: in_force

Upon application of any person who is a veteran of the Vietnam Conflict as that term is defined for the awarding of the Vietnam Service Medal, accompanied by a fee of $20 in addition to the annual registration fee and by such documentation as the department shall require, the department shall issue to the person a special registration plate designating the vehicle so licensed as belonging to a person who is a veteran of the Vietnam Conflict. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than 14,000 pounds. (Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Dec. 18, 2007, P.L.436, No.67, eff. 60 days; July 2, 2014, P.L.988, No.109, eff. 60 days) Cross References. Section 1360 is referred to in section 1333 of this title.
75 Pa.C.S. § 1520 — PA Code / Title 75 / Chapter 15 / Section 1520
Acknowledgment of littering provisions.
Status: in_force

On every application for a learner's permit or driver's license, the following statement shall be printed immediately above or below the signature of the applicant: I hereby acknowledge this day that I have received notice of the provisions of section 3709 of the Vehicle Code. Also printed on the card shall be the following: Section 3709 provides for a fine of up to $300 for dropping, throwing or depositing, upon any highway, or upon any other public or private property without the consent of the owner thereof or into or on the waters of this Commonwealth from a vehicle, any waste paper, sweepings, ashes, household waste, glass, metal, refuse or rubbish or any dangerous or detrimental substance, or permitting any of the preceding without immediately removing such items or causing their removal. For any violation of section 3709, I may be subject to a fine of up to $300 upon conviction, including any violation resulting from the conduct of any other persons present within any vehicle of which I am the driver. (Mar. 27, 1986, P.L.71, No.24, eff. July 1, 1986) 1986 Amendment. Act 24 added section 1520.
75 Pa.C.S. § 1377 — PA Code / Title 75 / Chapter 13 / Section 1377
Judicial review.
Status: in_force

(a) General rule.--Any person who has been sanctioned by the department under this chapter or whose registration or authority to issue registration cards or plates has been denied, suspended or otherwise sanctioned by the department shall have the right to appeal to the court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure). The filing of the appeal shall act as a supersedeas, except for a warning or a revocation, and the suspension or monetary penalty shall not be imposed until determination of the matter as provided in this section. Upon application of the registrant and prior notice to the department, the court may grant a supersedeas from a revocation of registration or authority to issue registration. The court shall schedule the appeal for hearing upon 30 days' written notice to the department, and thereupon take testimony and examine into the facts of the case and determine whether the petitioner is entitled to registration, subject to suspension of registration or other sanction under the provisions of this title or departmental regulations.

(b) Documentation.--

(1) In any proceeding under this section, documents received by the department from a court or from an insurance company shall be admissible into evidence to support the department's case. In addition, if the department receives information from a court by means of electronic transmission or from an insurance company which is complying with its obligation under Subchapter H of Chapter 17 (relating to proof of financial responsibility) by means of electronic transmission, it may certify that it has received the information by means of electronic transmission, and that certification shall be prima facie proof of the adjudication and facts contained in such an electronic transmission.

(2) In a proceeding relating to the suspension of the registration of a motor vehicle imposed under section 1786 (relating to required financial responsibility), the department's certification of its receipt of documents or electronic transmission from an insurance company informing the department that the person's coverage has lapsed, been canceled or terminated shall also constitute prima facie proof that the lapse, cancellation or termination of the policy of insurance described in the electronic transmission was effective under the laws of this Commonwealth. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 28, 1993, P.L.137, No.33; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days) 2002 Amendment. Act 152 amended subsec. (b).

Cross References. Section 1377 is referred to in sections 102, 1374, 1376, 1786, 3753 of this title; section 933 of Title 42 (Judiciary and Judicial Procedure).
75 Pa.C.S. § 7712.6 — PA Code / Title 75 / Chapter 77 / Section 7712.6
Suspension and cancellation of certificate of title.
Status: in_force

(a) Return of new snowmobile or ATV.--The department may cancel the certificate of title issued for a new snowmobile or ATV if it is shown by satisfactory evidence that the snowmobile or ATV has been returned to the dealer from whom obtained.

(b) Snowmobile or ATV sold to nonresidents.--The department may cancel a certificate of title for a snowmobile or ATV sold to a resident of another state or foreign country if the snowmobile or ATV is to be registered in the other jurisdiction.

(c) Surrender of Pennsylvania certificate in other jurisdiction.--The department, upon receipt of notification from another state or foreign country that a certificate of title issued by the department has been surrendered by the owner in conformity with the laws of the other state or foreign country, may cancel the certificate of title.

(d) Surrender of foreign certificate to department.--If an owner surrenders a certificate of title from another state or foreign country to the department, the department may notify the state or foreign country so that the certificate of title may be canceled or otherwise disposed of in accordance with the law of the other jurisdiction.

(e) Conviction for misstatement of facts.--The department, upon receipt of certification from the clerk of a court showing conviction for a misstatement of facts on an application for an original or duplicate certificate of title or a transfer of a certificate of title, shall suspend the certificate of title and require that it be returned to the department within ten days of notice by the department, whereupon the department may cancel it.

(f) Nonpayment of fee.--The department may suspend or cancel a certificate of title when a check received in payment of the fee is not paid on demand or when the fee for the certificate is unpaid and owing.

(g) Security interest unaffected by suspension or cancellation.--Suspension or cancellation of a certificate of title does not, in itself, affect the validity of a security interest noted on the certificate.

(h) Surrender of certificate.--The department may request the return of a certificate of title which has been suspended or canceled. The owner or person in possession of the certificate of title shall, within ten days of the date of request by the department, mail or deliver the certificate to the department. (Dec. 12, 1986, P.L.1562, No.170, eff. 60 days; June 25, 2001, P.L.701, No.68, eff. 120 days)