75 Pa.C.S. § 3316 — PA Code / Title 75 / Chapter 33 / Section 3316
Prohibiting text-based communications.
Status: in_force

(a) Prohibition.--No driver shall operate a motor vehicle on a highway or trafficway in this Commonwealth while using an interactive mobile device to send, read or write a text-based communication while the vehicle is in motion. A person does not send, read or write a text-based communication when the person reads, selects or enters a telephone number or name in an interactive mobile device for the purpose of activating or deactivating a voice communication or a telephone call.

(b) Emergency use exception.--Texting while driving shall be permissible by a driver of a motor vehicle if necessary to communicate with a law enforcement official or other emergency services to prevent injury to persons or property.

(c) Seizure.--The provisions of this section shall not be construed as authorizing the seizure or forfeiture of an interactive mobile device, unless otherwise provided by law.

(d) Penalty.--A person who violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $50.

(d.1) Prohibition on similar citations.--A person may not be charged with a violation of section 3316.1 (relating to prohibiting use of interactive mobile device) concurrently with a violation of subsection (a) for an offense committed at the same time and place.

(e) Preemption of local ordinances.--In accordance with section 6101 (relating to applicability and uniformity of title), this section supersedes and preempts all ordinances of any municipality with regard to the use of an interactive mobile device by the driver of a motor vehicle.

(f) Definition.--As used in this section, the term "text-based communication" means a text message, instant message, electronic mail or other written communication composed or received on an interactive mobile device. (Nov. 9, 2011, P.L.406, No.98, eff. 120 days; June 5, 2024, P.L.366, No.18, eff. 12 months) 2024 Amendment. The preamble of Act 18 provided that Act 18 may be referred to as Paul Miller's Law. Cross References. Section 3316 is referred to in sections 3316.1, 3732, 3732.1 of this title.
75 Pa.C.S. § 1512 — PA Code / Title 75 / Chapter 15 / Section 1512
Restrictions on drivers' licenses.
Status: in_force

(a) General rule.--The department upon issuing a driver's license shall have authority whenever good cause appears to impose restrictions suitable to the licensee's driving ability with respect to special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.

(b) Compliance with restrictions.--No person shall operate a motor vehicle in any manner in violation of the restrictions imposed.

(c) Bioptic telescope restrictions.--After an individual meets the bioptic telescope learner's permit requirements and successfully passes a driver's examination administered by the department, the individual may be issued a restricted license with the following restrictions:

(1) The individual's driving privilege is limited to roads other than freeways.

(2) The individual's driving privilege is limited to passenger vehicles weighing no more than 10,000 pounds and excludes operation of a motorcycle.

(3) If determined by the department or low-vision rehabilitation specialist to be appropriate, the individual's driving privilege may be limited to driving within a limited radius of the individual's residence.

(4) If the individual has visual acuity of less than 20/50 vision using bioptic telescope lenses while driving, the individual may drive in daylight hours only.

(5) If the applicant has visual acuity of 20/40 or better vision using bioptic telescope lenses while driving, the individual may apply for nighttime driving after one year, provided:

(i) the individual has committed no violations of this title and had no accidents reported during that year; and

(ii) the individual is reevaluated by a certified driving instructor or certified driver rehabilitation specialist knowledgeable in the use of bioptic telescopes for driving, and the instructor or specialist recommends allowing nighttime driving.

(6) A violation of a condition or limitation in this subsection shall result in the recall of the bioptic telescope license. An annual review of the individual's accident and violation history shall be conducted by the department. The bioptic telescope license may be recalled if the department determines that the individual was involved in an at-fault accident or convicted of two moving violations committed within a one-year period. A bioptic telescope licensee shall be subject to an annual vision assessment to determine whether the licensee's vision continues to meet the bioptic telescope-related vision standards in section 1505 (relating to learners' permits). (Nov. 25, 2020, P.L.1246, No.131, eff. 10 months) 2020 Amendment. Act 131 added subsec. (c). Cross References. Section 1512 is referred to in section 1535 of this title.
75 Pa.C.S. § 4908 — PA Code / Title 75 / Chapter 49 / Section 4908
Operation of certain combinations on interstate and certain other highways.
Status: in_force

(a) General rule.--Combinations authorized by section 4904(e) (relating to limits on number of towed vehicles) to have two trailers may be driven only on the types of highways and under the limitations set forth below:

(1) On the designated national network consisting of all interstate highways and portions of Federal aid primary highways having at least a 48-foot-wide roadway or two 24-foot-wide roadways and designated by the department as capable of safely accommodating such vehicles.

(2) Between the designated national network and a terminal or a facility for food, fuel, repair or rest having an entrance within the access limitation prescribed by Federal Highway Administration regulation of the nearest ramp or intersection, but only on highways having lanes at least ten feet wide.

(3) On highways marked with traffic route signs having travel lanes at least ten feet in width unless prohibited by the department on State highways or the municipality on local highways based on safety reasons and marked with signs prohibiting such vehicles.

(4) Between the highways authorized under paragraph (3) and a terminal or facility for food, fuel, repair or rest having an entrance within one-half road mile of the nearest ramp or intersection, but only on highways having lanes at least ten feet wide.

(5) Approval of a highway other than as designated under paragraphs (1) through (4) shall be obtained from the:

(i) City in the case of a highway in a city.

(ii) Department in the case of a State highway not in a city, except that the department will, upon request, delegate authority to approve routes under this subsection to a municipality which has been delegated authority to issue permits under section 420 of the act of June 1, 1945 (P.L.1242, No.428), known as the State Highway Law.

(iii) Municipality in the case of a local highway not in a city.

(b) Household goods carriers.--In addition to the operations authorized in subsection (a), a household goods carrier, consisting of a truck tractor and two trailers may be driven between the designated national network and a point of loading or unloading which can safely and reasonably be accessed using

highways approved under subsection (a)(2) through (5) for the particular movement.

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(b.1) Short 102-inch trailers.--(Deleted by amendment).

(c) Nearby terminals and facilities.--(Deleted by amendment).

(d) Route approval.--(Deleted by amendment).

(e) Notice.--

(1) The department shall publish the designated network established in subsection (a)(1) in the Pennsylvania Bulletin as a notice under 45 Pa.C.S. § 725(a)(3) (relating to additional contents of Pennsylvania Bulletin) and will also forward the designated network to trucking companies and associations and other interested parties, upon request.

(2) Approval of a route under subsection (a)(5) shall be effective upon notice by the approving authority to the person who requested it. Notice of the approval shall also be given to State and affected local police and shall be published in the Pennsylvania Bulletin in a timely manner as a notice under 45 Pa.C.S. § 725(a)(3).

(3) Approval of a route under subsection (b)(2) shall be effective upon notice by the approving authority to the person who requested it. Notice of the approval shall also be given to State and affected local police and shall be published in the Pennsylvania Bulletin in a timely manner.

(f) Revocation of route approval.--The authority which approved a route under subsection (a)(5) may revoke the route approval if it determines that the route or some portion of it cannot safely and reasonably accommodate combinations authorized to exceed length or number of trailer limitations. Notice of the revocation shall be published in the Pennsylvania Bulletin as a notice under 45 Pa.C.S. § 725(a)(3) and shall be effective 15 days after such publication, except that the posting authority may effect an earlier revocation by posting signs to indicate the revocation. Written notice of the revocation shall also be given to the person who requested the route approval and to State and affected local police.

(g) Penalty.--A person who operates a combination in violation of this section on a highway which is not marked with signs prohibiting the operation of such a combination commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $50 for each violation. A person cited under this subsection shall not be subject to citation under section 4904. (July 7, 1983, P.L.32, No.19, eff. imd.; Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; Feb. 10, 1994, P.L.10, No.2, eff. imd.; Apr. 17, 1997, P.L.6, No.3, eff. 60 days; June 12, 2018, P.L.204, No.31, eff. 180 days) 2018 Amendment. Act 31 amended subsecs. (a) intro. par.,

(b) and (g) and deleted subsec. (b.1). 1983 Amendment. See section 7 of Act 19 in the appendix to this title for special provisions relating to expiration of amendments authorizing two trailers and long combinations. Cross References. Section 4908 is referred to in section 4904 of this title.
75 Pa.C.S. § 3808 — PA Code / Title 75 / Chapter 38 / Section 3808
Illegally operating a motor vehicle not equipped with ignition interlock.
Status: in_force

(a) Offense defined.--

(1) An individual required to only drive, operate or be in actual physical control of the movement of a motor vehicle equipped with an ignition interlock system under any of the following who drives, operates or is in actual physical control of the movement of a motor vehicle within this Commonwealth without such a system commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not less than $300 and not more than $1,000 and to imprisonment for not more than 90 days:

(i) Section 1556 (relating to ignition interlock limited license).

(ii) Section 3805 (relating to ignition interlock).

(iii) A requirement by another jurisdiction to operate only a vehicle with an ignition interlock system.

(2) An individual required to only drive, operate or be in actual physical control of the movement of a motor vehicle equipped with an ignition interlock system under any of the following who drives, operates or is in actual physical control of the movement of a motor vehicle within this Commonwealth without such a system and who has an amount of alcohol by weight in his blood that is equal to or greater than 0.025% at the time of testing or who has in his blood any amount of a Schedule I or nonprescribed Schedule II or III 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, or its metabolite commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of $1,000 and to undergo imprisonment for a period of not less than 90 days:

(i) Section 1556.

(ii) Section 3805.

(iii) A requirement by another jurisdiction to operate only a vehicle with an ignition interlock system.

(b) Tampering with an ignition interlock system.--A person that tampers with an ignition interlock system required by law commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not less than $300 nor more than $1,000 and to undergo imprisonment for not more than 90 days. An offense under this subsection shall be deemed to have been committed at either the location where tampering occurred or the place where the vehicle containing the ignition interlock system required by law is registered. The term "tampering," in addition to any physical act which is intended to alter or interfere with the proper functioning of an ignition interlock system required by law, shall include attempting to circumvent or

bypass or circumventing or bypassing an ignition interlock system by:

(1) means of using another individual to provide a breath sample; or

(2) providing a breath sample for the purpose of bypassing an ignition interlock system required by law.

(c) Suspension of operating privilege.--Notwithstanding section 3805(c) and (i):

(1) If a person who is required to only drive, operate or be in actual physical control of the movement of a motor vehicle equipped with an ignition interlock system violates this section, upon receipt of a certified record of the conviction, the department shall not issue a replacement license to the person under section 1951(d) (relating to driver's license and learner's permit) that does not contain an ignition interlock restriction for a period of one year from the date of conviction until the person has complied with the requirements of section 3805.

(2) Upon receipt of a certified record of a second conviction of a violation of this section committed by a person who is required to only drive, operate or be in actual physical control of the movement of a motor vehicle equipped with an ignition interlock system which occurred during the same ignition interlock restricted license period, the department shall suspend the person's operating privileges for a period of one year and recall the ignition interlock restricted license, and the person shall surrender the ignition interlock restricted license to the department. Following completion of the suspension period, the department shall require that the person comply with the requirements of section 3805 prior to being eligible to receive a replacement license under section 1951(d) that does not contain an ignition interlock restriction.

(d) Applicability.--Notwithstanding section 3101 (relating to application of part), this section shall apply in all areas throughout this Commonwealth; however, it shall not apply to persons installing, maintaining or inspecting ignition interlock devices in the course and scope of their employment. (Nov. 29, 2004, P.L.1369, No.177, eff. imd.; May 25, 2016, P.L.236, No.33, eff. 15 months; July 20, 2017, P.L.333, No.30, eff. 15 months) 2017 Amendment. Act 30 amended subsec. (c)(2).

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

(c)(1). Cross References. Section 3808 is referred to in sections 1541, 1542, 1547, 3805, 3811, 3812, 6506 of this title; section 8137 of Title 35 (Health and Safety); sections 1515, 1725.3 of Title 42 (Judiciary and Judicial Procedure).
75 Pa.C.S. § 1547 — PA Code / Title 75 / Chapter 15 / Section 1547
Chemical testing to determine amount of alcohol or controlled substance.
Status: in_force

(a) General rule.--Any person who drives, operates or is in actual physical control of the movement of a vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath or blood for the purpose of determining the alcoholic content of blood or the presence of a controlled substance if a police officer has reasonable grounds to believe the person to have been driving, operating or in actual physical control of the movement of a vehicle in violation of section 1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked), 3802 (relating to driving under influence of alcohol or controlled substance) or 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with ignition interlock).

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(b) Civil penalties for refusal.--

(1) If any person placed under arrest for a violation of section 3802 is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted but upon notice by the police officer, the department shall suspend the operating privilege of the person as follows:

(i) Except as set forth in subparagraph (ii), for a period of 12 months.

(ii) For a period of 18 months if any of the following apply:

(A) The person's operating privileges have previously been suspended under this subsection.

(B) The person has, prior to the refusal under this paragraph, been sentenced for:

(I) an offense under section 3802; (II) an offense under former section 3731; (III) an offense equivalent to an offense under subclause (I) or (II); or

(IV) a combination of the offenses set forth in this clause.

(2) It shall be the duty of the police officer to inform the person that:

(i) the person's operating privilege will be suspended upon refusal to submit to chemical testing and the person will be subject to a restoration fee of up to $2,000; and

(ii) if the person refuses to submit to chemical breath testing, upon conviction or plea for violating section 3802(a)(1), the person will be subject to the penalties provided in section 3804(c) (relating to penalties).

(3) Any person whose operating privilege is suspended under the provisions of this section shall have the same right of appeal as provided for in cases of suspension for other reasons.

(b.1) Other civil penalties for refusal.--

(1) If any person placed under arrest for a violation of section 1543(b)(1.1) or 3808(a)(2) is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted; but, upon notice by the police officer and provided no suspension is imposed pursuant to subsection

(b), the department shall suspend the operating privilege of the person for a period of six months.

(2) It shall be the duty of the police officer to inform the person that the person's operating privileges will be suspended upon refusal to submit to chemical testing and the person will be subject to a restoration fee of up to $2,000.

(3) Notwithstanding section 3805(c) (relating to ignition interlock), if any person receives a suspension pursuant to this subsection who at the time of the offense was required to comply with the provisions of section 3805 prior to obtaining a replacement license under section 1951(d) (relating to driver's license and learner's license) that does not contain an ignition interlock restriction, the suspension imposed pursuant to this subsection shall result in the recall of any ignition interlock restricted license previously issued and the driver shall surrender the ignition interlock restricted license to the department and, prior to the issuance of a replacement license under section 1951(d) that does not contain an ignition interlock restriction, the department shall require that the person comply with the provisions of section 3805.

(b.2) Restoration fees.--

(1) A person whose operating privilege has been suspended in accordance with subsection (b) or (b.1) shall:

(i) Except as provided in subparagraph (ii) or

(iii), pay a restoration fee of $500.

(ii) If the department has previously suspended the person's operating privilege under this section on one occasion, pay a restoration fee of $1,000.

(iii) If the department has previously suspended the person's operating privilege under this section on two or more occasions, pay a restoration fee of $2,000.

(2) All restoration fees imposed under this section must be paid prior to the reinstatement of an individual's unrestricted operating privilege or in accordance with section 1556(b)(3) (relating to ignition interlock limited license).

(b.3) Limitation.--Nothing in this section shall be construed as limiting the ability of law enforcement to obtain

chemical testing pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania.

(c) Test results admissible in evidence.--In any summary proceeding or criminal proceeding in which the defendant is charged with a violation of section 3802 or any other violation of this title arising out of the same action, the amount of alcohol or controlled substance in the defendant's blood, as shown by chemical testing of the person's breath or blood, which tests were conducted by qualified persons using approved equipment, shall be admissible in evidence.

(1) Chemical tests of breath shall be performed on devices approved by the Department of Health using procedures prescribed jointly by regulations of the Departments of Health and Transportation. Devices shall have been calibrated and tested for accuracy within a period of time and in a manner specified by regulations of the Departments of Health and Transportation. For purposes of breath testing, a qualified person means a person who has fulfilled the training requirement in the use of the equipment in a training program approved by the Departments of Health and Transportation. A certificate or log showing that a device was calibrated and tested for accuracy and that the device was accurate shall be presumptive evidence of those facts in every proceeding in which a violation of this title is charged.

(2)

(i) Chemical tests of blood, if conducted by a facility located in this Commonwealth, shall be performed by a clinical laboratory licensed and approved by the Department of Health for this purpose using procedures and equipment prescribed by the Department of Health or by a Pennsylvania State Police criminal laboratory. For purposes of blood testing, qualified person means an individual who is authorized to perform those chemical tests under the act of September 26, 1951 (P.L.1539, No.389), known as The Clinical Laboratory Act.

(ii) For purposes of blood testing to determine blood alcohol or controlled substance content levels, the procedures and equipment prescribed by the Department of Health shall be reviewed within 120 days of the effective date of this subparagraph and at least every two years thereafter to ensure that consideration is given to scientific and technological advances so that testing conducted in accordance with the prescribed procedures utilizing the prescribed equipment will be as accurate and reliable as science and technology permit.

(3) Chemical tests of blood, if conducted by a facility located outside this Commonwealth, shall be performed:

(i) by a facility licensed and approved by the Department of Health for this purpose; or

(ii) by a facility licensed to conduct the tests by the state in which the facility is located and licensed pursuant to the Clinical Laboratory Improvement Amendments of 1988 (Public Law 100-578, 102 Stat. 2903).

(4) For purposes of blood testing to determine the amount of a Schedule I or nonprescribed Schedule II or III controlled substance or a metabolite of such a substance, the Department of Health shall prescribe minimum levels of these substances which must be present in a person's blood in order for the test results to be admissible in a

prosecution for a violation of section 1543(b)(1.1), 3802(d)(1), (2) or (3) or 3808(a)(2).

(d) Presumptions from amount of alcohol.--(Repealed).

(e) Refusal admissible in evidence.--In any summary proceeding or criminal proceeding in which the defendant is charged with a violation of section 3802 or any other violation of this title arising out of the same action, the fact that the defendant refused to submit to chemical testing as required by subsection (a) may be introduced in evidence along with other testimony concerning the circumstances of the refusal. No presumptions shall arise from this evidence but it may be considered along with other factors concerning the charge.

(f) Other evidence admissible.--Subsections (a) through (i) shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of alcohol.

(g) Test results available to defendant.--Upon the request of the person tested, the results of any chemical test shall be made available to him or his attorney.

(g.1) Cost of testing.--The cost of chemical testing, including the drawing of blood, performed under this section shall be paid as follows:

(1) By the individual tested, if the individual was convicted of or placed into any preadjudication program or adjudicated delinquent for a violation of section 3802.

(2) By the requesting authority, if the individual was found not guilty under section 3802 or had the charges dismissed or withdrawn.

(h) Test by personal physician.--The person tested shall be permitted to have a physician of his own choosing administer an additional breath or blood chemical test and the results of the test shall also be admissible in evidence. The chemical testing given at the direction of the police officer shall not be delayed by a person's attempt to obtain an additional test.

(i) Request by driver for test.--Any person involved in an accident or placed under arrest for a violation of section 1543(b)(1.1), 3802 or 3808(a)(2) may request a chemical test of his breath or blood. Such requests shall be honored when it is reasonably practicable to do so.

(j) Immunity from civil liability and reports.--No physician, nurse or technician or hospital employing such physician, nurse or technician, and no other employer of such physician, nurse or technician shall be civilly liable for withdrawing blood and reporting test results to the police at the request of a police officer pursuant to this section. No physician, nurse or technician or hospital employing such physician, nurse or technician may administratively refuse to perform such tests and provide the results to the police officer except as may be reasonably expected from unusual circumstances that pertain at the time the request is made.

(k) Prearrest breath test authorized.--A police officer, having reasonable suspicion to believe a person is driving or in actual physical control of the movement of a motor vehicle while under the influence of alcohol, may require that person prior to arrest to submit to a preliminary breath test on a device approved by the Department of Health for this purpose. The sole purpose of this preliminary breath test is to assist the officer in determining whether or not the person should be placed under arrest. The preliminary breath test shall be in addition to any other requirements of this title. No person has any right to expect or demand a preliminary breath test. Refusal

to submit to the test shall not be considered for purposes of subsections (b) and (e).

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

"Adult." A person 21 years of age or older.

"Minor." A person under 21 years of age. (Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Feb. 12, 1984, P.L.53, No.12, eff. imd.; May 30, 1990, P.L.173, No.42, eff. Apr. 1, 1992; Dec. 18, 1992, P.L.1411, No.174, eff. 60 days; July 2, 1996, P.L.535, No.93; July 11, 1996, P.L.660, No.115, eff. 30 days; Dec. 21, 1998, P.L.1126, No.151, eff. imd.; Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Sept. 30, 2003, P.L.120, No.24; Nov. 29, 2004, P.L.1369, No.177, eff. imd.; May 11, 2006, P.L.164, No.40, eff. 60 days; May 25, 2016, P.L.236, No.33, eff. imd.; July 20, 2017, P.L.333, No.30) 2017 Amendment. Act 30 amended subsecs. (a), (b) and (b.1) and added subsecs. (b.2) and (b.3), effective immediately as to subsec. (b)(2)(ii) and six months as to subsecs. (a), (b) heading, (1), (2)(i) and (3), (b.1), (b.2) and (b.3). 2016 Amendment. Act 33 amended subsecs. (a), (c) intro. par., (2) and (3), (g.1), (h), (i) and (j). 2006 Amendment. Act 40 added subsec. (g.1). 2003 Amendment. Act 24 amended subsecs. (a), (b)(1) and

(2), (c), (d), (e) and (i) and added subsec. (b.1), effective Sept. 30, 2003, as to subsec. (d) and February 1, 2004, as to the remainder of the section. 2003 Repeal. Act 24 repealed subsec. (d), effective February 1, 2004. 1996 Amendments. Act 93 amended subsec. (d) and added subsec. (l), effective in 30 days as to subsec. (d) and 60 days as to subsec. (l), and Act 115 amended subsec. (d) and added subsec. (l). Act 115 overlooked the amendment by Act 93 to subsec. (d), but the amendments do not conflict in substance and have both been given effect in setting forth the text of subsec. (d). The addition by Acts 93 and 115 of subsec. (l) are identical and therefore have been merged. 1984 Amendment. Act 12 amended subsec. (j). Section 12 of Act 12 provided that the amendment to section 1547 shall be retroactive to January 14, 1983. Cross References. Section 1547 is referred to in sections 102, 1508, 1543, 1553, 1554, 1556, 1613, 3804, 3805 of this title; section 5125 of Title 30 (Fish); section 933 of Title 42 (Judiciary and Judicial Procedure).
75 Pa.C.S. § 1799.6 — PA Code / Title 75 / Chapter 17 / Section 1799.6
Conduct of random field surveys.
Status: in_force

(a) Authority.--In furtherance of the purposes and goals of section 1799.5 (relating to conduct of market study), the Insurance Department may conduct field surveys of agents and brokers in this Commonwealth, which shall include, but not be limited to:

(1) The determination of the geographical areas to be surveyed.

(2) The establishment of a list of insurance agents and brokers in the surveyed area or its immediate neighborhood.

(3) The interview of agents and brokers at their offices to obtain premium quotations from the agent for each company represented by that agent.

(4) The sorting and categorizing of information.

(5) The construction of a table displaying quotations by insurer, area and risk.

(6) The writing of a report of the findings.

(b) Conjunctive analysis of market study and field survey.--The department may analyze information collected from insurance companies under section 1799.5 in conjunction with information collected from field surveys. This analysis may be ongoing. The department's authority to undertake the conjunctive analysis is in addition to any other of its statutory investigative responsibilities. The conjunctive analysis may be used by the department for general regulatory purposes, including enforcement of the insurance laws. (Feb. 7, 1990, P.L.11, No.6, eff. 60 days) 1990 Amendment. Act 6 added section 1799.6.
75 Pa.C.S. § 9814 — PA Code / Title 75 / Chapter 98 / Section 9814
Time for payment of taxes, penalties and interest (Repealed).
Status: repealed

1995 Repeal. Section 9814 was repealed December 20, 1995, P.L.669, No.75, effective January 1, 1996.
75 Pa.C.S. § 9401 — PA Code / Title 75 / Chapter 94 / Section 9401
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Liquid Fuels and Fuels Tax Enforcement Act. (Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)
75 Pa.C.S. § 3354 — PA Code / Title 75 / Chapter 33 / Section 3354
Additional parking regulations.
Status: in_force

(a) Two-way highways.--Except as otherwise provided in this section, every vehicle standing or parked upon a two-way highway shall be positioned parallel to and with the right-hand wheels within 12 inches of the right-hand curb or, in the absence of a curb, as close as practicable to the right edge of the right-hand shoulder.

(b) One-way highways.--Except as otherwise provided in this section, every vehicle standing or parked upon a one-way highway shall be positioned parallel to the curb or edge of the highway in the direction of authorized traffic movement with its right-hand wheels within 12 inches of the right-hand curb or, in the absence of a curb, as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left-hand curb or, in the absence of a curb, as close as practicable to the left edge of the left-hand shoulder.

(c) Angle parking.--Local authorities may permit angle parking on any highway after an engineering and traffic study has determined that the highway is of sufficient width to permit angle parking without interfering with the free movement of

traffic, except that on a State-designated highway prior approval of the department shall also be obtained.

(d) Person with a disability and disabled veterans.--

(1) When a motor vehicle bearing a person with a disability or severely disabled veteran plate or displaying a person with a disability or severely disabled veteran parking placard as prescribed in this title is being operated by or for the transportation of the person with a disability or severely disabled veteran, the driver shall be relieved of any liability for parking for a period of 60 minutes in excess of the legal parking period permitted by local authorities except where local ordinances or police regulations provide for the accommodation of heavy traffic during morning, afternoon or evening hours.

(2) At the request of a person with a disability or severely disabled veteran, local authorities may erect on the highway as close as possible to the person's or veteran's place of residence a sign or signs indicating that that place is reserved for a person with a disability or severely disabled veteran, that no parking is allowed there by others, and that any unauthorized person parking there shall be subject to a fine and may be towed. The absence of a sign stating the penalty amount indicated in subsection (f) at parking spaces designated with an international symbol for access for persons with disabilities on a sign shall not preclude the enforcement of this subsection. A vehicle may only be towed under this paragraph if the parking space is posted with a sign indicating that vehicles in violation of this section may be towed.

(2.1) Local authorities may limit access to a parking space reserved under paragraph (2) to a specific vehicle, license plate or other method of designation. Under this paragraph, local authorities may charge a reasonable fee and shall comply with section 6109 (relating to specific powers of department and local authorities) and the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327).

(3)

(i) Except for persons parking vehicles lawfully bearing a person with a disability or severely disabled veteran registration plate or displaying a person with a disability or severely disabled veteran parking placard when such vehicles are being operated by or for the transportation of a person with a disability or a severely disabled veteran, no person shall park a vehicle on public or private property reserved for a person with a disability or severely disabled veteran which property has been so posted in accordance with departmental regulations. Regulations shall require that parking spaces designated with an international symbol for access for persons with disabilities on a sign are posted with a sign stating the penalty amount indicated in subsection

(f) and that vehicles in violation of the subsection may be towed and require that signs be replaced when they become either obsolete or missing with all costs to replace the necessary signs to be borne by the persons responsible for signing the particular location. The absence of a sign stating the penalty amount at parking spaces designated with an international symbol for access for persons with disabilities shall not preclude the enforcement of this subsection. A vehicle which is unlawfully parked in a designated person with a disability parking area may be removed from that area by towing and may be reclaimed by the vehicle owner upon

payment of the towing costs. A vehicle may only be towed under this paragraph if the parking space is posted with a sign indicating that vehicles in violation of this section may be towed.

(ii) Local authorities shall have the power and may, by ordinance or resolution, authorize a person with a disability and severely disabled veterans to issue statements to violators or violating vehicles for violation of subparagraph (i). The form of the statement shall be as prescribed by the local authorities.

(iii) No occupancy or driveway permit may be issued to a person whose property is reserved for a person with a disability or a severely disabled veteran if the property is not posted with a sign stating the penalty amount indicated in subsection (f).

(d.1) Obstructing movement.--A person may not obstruct a space on public or private property reserved for a person with a disability or a part of a curb ramp or the access aisle adjacent to a parking space reserved for a person with a disability in a manner that would prevent a person or wheelchair or personal mobility device from entering or leaving a vehicle legally parked in an adjoining space.

(e) Unauthorized use.--An operator of a vehicle bearing a person with a disability or severely disabled veteran plate or displaying a person with a disability or severely disabled veteran parking placard shall not make use of the parking privileges accorded to a person with a disability and severely disabled veterans under subsection (d)(3) unless the operator is a person with a disability or a severely disabled veteran or unless the vehicle is being operated for the transportation of a person with a disability or severely disabled veteran.

(e.1) Motorcycle parking.--Notwithstanding the provisions of section 6301 (relating to prosecutions under local ordinances superseded by title) regarding parking violations, a local ordinance may not prohibit nor cite as a violation the parallel or angle occupancy by one or more motorcycles in any parking space on any highway otherwise available for parking for other individual vehicles, provided that the space occupied by one or more motorcycles does not exceed the space within which a single vehicle must park. In the instance of a violation applicable to any single vehicle, each motorcycle so parked shall be individually liable for any violation as if the motorcycle were the sole occupant of the parking space.

(f) Penalty.--A person violating subsection (a), (b) or

(d)(1) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $15. A person violating subsection (d)(2) or (3) or (e) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $50 nor more than $200. If a person is convicted under subsection (d)(2) or (3) in the absence of a sign stating the penalty amount, the fine imposed may not exceed $50. A person violating subsection (d.1) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $300.

(g) Special penalty; disposition.--

(1) In addition to any other penalty imposed under this section, a person who is convicted of violating subsection

(d)(2) or (3) shall be sentenced to pay a fine of $50.

(2) All fines collected under this subsection shall be disposed of as follows:

(i) Ninety-five percent shall be paid to the Department of Revenue, transmitted to the Treasury

Department and credited to the Department of Public Welfare for use for the Attendant Care Program.

(ii) Five percent shall be paid to the municipality in which the offense occurred.

(h) 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:

"Access aisle." A physical area marked in accordance with departmental regulations:

(1) designated by white or blue pavement marking hash marks, cross-hatching or other similar visual no-parking indicators;

(2) which provides additional space for a person using a wheelchair, wheelchair lift or other mobility device; and

(3) which is located adjacent to a parking space reserved for a person with a disability.

"Person with a disability." A person issued a plate or placard.

"Plate or placard." A plate or placard issued under:

(1) Section 1338 (relating to person with disability plate and placard).

(2) Section 1342(a) or (b) (relating to veteran plates and placard). (Nov. 9, 1977, P.L.226, No.69, eff. imd.; July 11, 1980, P.L.550, No.113, eff. 60 days; Mar. 29, 1984, P.L.159, No.31, eff. imd.; May 9, 1986, P.L.158, No.51, eff. 60 days; July 10, 1990, P.L.370, No.84, eff. 60 days; Dec. 18, 1992, P.L.1411, No.174, eff. 60 days; Dec. 28, 1994, P.L.1441, No.170, eff. 60 days; Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Oct. 24, 2018, P.L.889, No.144, eff. 180 days) 2018 Amendment. Act 144 amended subsec. (f) and added subsecs. (d)(2.1), (d.1) and (h). 2002 Amendment. Act 123 amended subsecs. (d), (e), (f) and

(g) and added subsec. (e.1). References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014. Cross References. Section 3354 is referred to in sections 3351, 6109 of this title.
75 Pa.C.S. § 1374 — PA Code / Title 75 / Chapter 13 / Section 1374
Suspension or revocation of vehicle business registration plates.
Status: in_force

(a) Suspension or revocation after opportunity for hearing.--The department may impose a monetary penalty for certain violations and offenses as prescribed by regulation or this section or suspend or revoke registration plates for dealers, manufacturers or members of the "Miscellaneous Motor Vehicle Business" class after providing an opportunity for a hearing in any of the following cases when the department finds upon sufficient evidence that:

(1) Except as provided in subsection (g)(1) the registrant is no longer entitled to licensing as a dealer or manufacturer or to registration in the "Miscellaneous Motor Vehicle Business" class.

(2) The registrant has made or permitted to be made any unlawful use of the vehicle or registration plate or plates or registration card or permitted the use by a person not entitled thereto.

(3) The registrant has knowingly made a false statement or knowingly concealed a material fact or otherwise committed a fraud in any application.

(4) The registrant has failed to give notice of transfer of ownership or of the destruction or junking of any vehicle when and as required by this title.

(5) The registrant has failed to deliver to a transferee lawfully entitled thereto or to the department, when and as required by this title, a properly assigned certificate of title.

(6) The registrant has repeatedly violated any of the provisions of this title.

(7) Any fee payable to the Commonwealth in connection with the operation of the business of the registrant has not been paid.

(b) Mitigating events.--The opportunity for a hearing as authorized by subsection (a) shall include the consideration of relevant mitigating events as prescribed by regulation for violations and offenses of subsection (a)(2), (5) and (7).

(c) Written warning for first offense.--If the registrant violates subsection (a)(2), (5) or (7) as a first offense, the department shall sanction the registrant with a written warning without providing the opportunity for a hearing.

(d) Schedule of sanctions.--The department shall impose the following sanctions for violations:

(1) If the department finds that the registrant has violated subsection (a)(5) or (7) as a second offense, the registrant may be sanctioned with a monetary penalty of not less than $50 and not more than $100 per violation.

(2) If the department finds that the registrant has violated subsection (a)(5) or (7) as a third offense, the registrant may be sanctioned with a monetary penalty of not less than $100 and not more than $200 per violation.

(2.1) If the department finds that the registrant has violated subsection (a)(5) as a fourth or subsequent offense, the department may suspend for not less than three months or revoke the registration plates and cards of the registrant.

(3) A monetary penalty imposed for a violation of subsection (a)(5) shall be in addition to the requirement that the registrant deliver a properly assigned certificate of title. Unless extended by the department, if the registrant fails to pay the monetary penalty or to deliver the certificate of title within 45 days after notice was sent by the department, except as otherwise provided by section 1377 (relating to judicial review), the department shall suspend the registrant's registration plates until the monetary penalty has been paid and the title delivered.

(4) A monetary penalty imposed for a violation of subsection (a)(7) shall be in addition to payment of the original amount due for taxes and fees and any other penalty provided by law for submission of an uncollectible or dishonored check. Unless extended by the department, if the registrant fails to pay the monetary penalty, the original amount due or any other penalty within 45 days after notice was sent by the department, except as otherwise provided by section 1377, the department shall suspend the registrant's registration plates until all fees, taxes and penalties have been paid.

(5) A violation of subsection (a)(2) or (5) shall remain on the registrant's record for a period of 18 months from the date that the violation was sanctioned by the department. If the registrant does not commit another violation of subsection (a)(2) or (5) within that 18-month period, the department shall rescind from the registrant's record the prior sanction that was imposed. After rescission of the prior sanction, if the registrant thereafter commits a subsequent violation of subsection (a)(2) or (5), that violation shall be considered the same degree of offense as was previously imposed, unless more than three years have elapsed since the last date that the registrant was sanctioned for a violation of subsection (a)(2) or (5), in which case said subsequent violation shall be deemed a first offense.

(6) If the department has previously given notice of, and considered at a departmental hearing, violations of subsection (a)(5), no sanction shall be imposed for an alleged violation of subsection (a)(5) which was not included within said notice if said violation occurred prior to the date of the notice, the department's records reflected that the violation existed and the violation could have been included in the notice as an additional subject of the departmental hearing.

(7) If a registrant is sanctioned pursuant to subsection

(c) or paragraph (1) or (2) or the corresponding provisions of departmental regulations, 67 Pa. Code Ch. 53 (relating to manufacturers, dealers and miscellaneous motor vehicle businesses registration plates), and the department also sanctions the registrant for corresponding violations as an issuing agent pursuant to departmental regulations, 67 Pa. Code Ch. 43 (relating to temporary registration cards and plates), the department shall only impose the sanction prescribed by this section or the corresponding section of 67 Pa. Code Ch. 53. Notwithstanding, the department shall note the offense pertaining to the registrant and the offense pertaining to the issuing agent upon each record, and the department shall consider each record when calculating second, third or subsequent offenses by the registrant and the issuing agent.

(e) Hearing.--Until regulations are prescribed by the department as authorized by subsection (b), the hearing shall include the consideration of relevant mitigating events for a violation of subsection (a)(2), (5) or (7).

(f) Interim regulations.--Until such regulations are prescribed by the department as authorized by subsections (a) and (b), the applicable departmental regulations as currently promulgated shall remain in full force and effect, except as specifically superseded by the provisions of subsections (c),

(d) and (e).

(g) Suspension without hearing.--The department may suspend or revoke registration plates for dealers, manufacturers or members of the "Miscellaneous Motor Vehicle Business" class without providing the opportunity for a hearing in any of the following cases:

(1) The registrant's license as a dealer or manufacturer has been suspended or revoked by the State Board of Vehicle Manufacturers, Dealers and Salespersons or the board has determined that the registrant is not entitled to such a license.

(2) If the Pennsylvania State Police shall certify that the dealer, manufacturer or member of the "Miscellaneous Motor Vehicle Business" class is no longer in business.

(h) Recommended action by State licensing board.--The department may also audit and investigate dealers and manufacturers registered by the State Board of Vehicle Manufacturers, Dealers and Salespersons to determine whether any dealer or manufacturer has violated any provision of this title pertaining to dealers or manufacturers or any regulation promulgated by the department. The department may recommend that the State Board of Vehicle Manufacturers, Dealers and Salespersons suspend the license of any dealer or manufacturer which it finds has committed a violation and the board shall take prompt action on any such recommendations under the act of December 22, 1983 (P.L.306, No.84), known as the Board of Vehicles Act. (July 10, 1990, P.L.356, No.83, eff. 30 days; June 28, 1993, P.L.137, No.33, eff. 60 days; July 11, 1996, P.L.660, No.115, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days) 1998 Amendment. Act 151 amended subsecs. (d)(5) and (e). 1996 Amendment. Act 115 amended subsec. (d). Cross References. Section 1374 is referred to in section 1376 of this title.
75 Pa.C.S. § 1347 — PA Code / Title 75 / Chapter 13 / Section 1347
Hearing impaired plates.
Status: in_force

On the application of any person with a hearing impairment, verified by a licensed physician and accompanied by the appropriate fee, the department shall issue to that person a special registration plate designating the vehicle as belonging to a person who has a hearing impairment, which plate shall have the same effect as a regular registration plate.

(Dec. 11, 1986, P.L.1530, No.166, eff. 60 days) 1986 Amendment. Act 166 added section 1347.
75 Pa.C.S. § 3804 — PA Code / Title 75 / Chapter 38 / Section 3804
Penalties.
Status: in_force

(a) General impairment.--Except as set forth in subsection

(b) or (c), an individual who violates section 3802(a) (relating to driving under influence of alcohol or controlled substance) shall be sentenced as follows:

(1) For a first offense, to:

(i) undergo a mandatory minimum term of six months' probation;

(ii) pay a fine of $300;

(iii) attend an alcohol highway safety school approved by the department; and

(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 (relating to drug and alcohol assessments) and 3815 (relating to mandatory sentencing).

(2) For a second offense or a first offense for a violation of section 3802(h)(1), to:

(i) undergo imprisonment for not less than five days;

(ii) pay a fine of not less than $300 nor more than $2,500;

(iii) attend an alcohol highway safety school approved by the department; and

(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(3) For a third or subsequent offense or a second or subsequent offense following a conviction for violating section 3802(h)(1), to:

(i) undergo imprisonment of not less than ten days;

(ii) pay a fine of not less than $500 nor more than $5,000; and

(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(b) High rate of blood alcohol; minors; commercial vehicles and school buses and school vehicles; accidents.--Except as set forth in subsection (c), an individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or damage to a vehicle or other property or who violates section 3802(b),

(e) or (f) shall be sentenced as follows:

(1) For a first offense, to:

(i) undergo imprisonment of not less than 48 consecutive hours;

(ii) pay a fine of not less than $500 nor more than $5,000;

(iii) attend an alcohol highway safety school approved by the department; and

(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(2) For a second offense or a first offense for a violation of section 3802(h)(1), to:

(i) undergo imprisonment of not less than 30 days;

(ii) pay a fine of not less than $750 nor more than $5,000;

(iii) attend an alcohol highway safety school approved by the department; and

(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(3) For a third offense or a second offense following a conviction for violating section 3802(h)(1), to:

(i) undergo imprisonment of not less than 90 days;

(ii) pay a fine of not less than $1,500 nor more than $10,000; and

(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(4) For a fourth or subsequent offense or a third or subsequent offense following a conviction for violating section 3802(h)(1), to:

(i) undergo imprisonment of not less than one year;

(ii) pay a fine of not less than $1,500 nor more than $10,000; and

(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(c) Incapacity; highest blood alcohol; controlled substances.--An individual who violates section 3802(a)(1) and refused testing of breath under section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or testing of blood pursuant to a valid search warrant or an individual who violates section 3802(c) or (d) shall be sentenced as follows:

(1) For a first offense, to:

(i) undergo imprisonment of not less than 72 consecutive hours;

(ii) pay a fine of not less than $1,000 nor more than $5,000;

(iii) attend an alcohol highway safety school approved by the department; and

(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(2) For a second offense or a first offense for a violation of section 3802(h)(1), to:

(i) undergo imprisonment of not less than 90 days;

(ii) pay a fine of not less than $1,500;

(iii) attend an alcohol highway safety school approved by the department; and

(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(3) For a third or subsequent offense or a second or subsequent offense following a conviction for violating section 3802(h)(1), to:

(i) undergo imprisonment of not less than one year;

(ii) pay a fine of not less than $2,500; and

(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(c.1) Violation involving minor occupant.--An individual who violates section 3803(b)(5) (relating to grading), in addition to any penalty imposed in this chapter, shall be sentenced as follows:

(1) For a first offense, to:

(i) pay a fine of not less than $1,000; and

(ii) complete 100 hours of community service.

(2) For a second offense or a first offense for a violation of section 3802(h)(1), to:

(i) pay a fine of not less than $2,500; and

(ii) undergo imprisonment of not less than one month nor more than six months.

(3) For a third or subsequent offense or a second or subsequent offense following a conviction for violating section 3802(h)(1), undergo imprisonment of not less than six months nor more than two years.

(c.2) Consecutive sentence.--A sentence imposed upon an individual under this section who has two or more prior offenses or has one prior offense under section 3802(h)(1) shall be served consecutively to any other sentence the individual is serving and to any other sentence being then imposed by the court, except for those with which the offense must merge as a matter of law.

(c.3) Sentencing enhancement.--The Pennsylvania Commission on Sentencing, under 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for a violation of section 3802(a)(1) where the individual refused testing of breath or chemical testing pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania or for a violation of section 3802(c) or (d) and where the individual has four or more prior offenses.

(d) Extended supervision of court.--If a person is sentenced pursuant to this chapter and, after the initial assessment required by section 3814(1), the person is determined to be in need of additional treatment pursuant to section 3814(2), the judge shall impose a minimum sentence as provided by law and a maximum sentence equal to the statutorily available maximum. A sentence to the statutorily available maximum imposed pursuant to this subsection may, in the discretion of the sentencing

court, be ordered to be served in a county prison, notwithstanding the provisions of 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement).

(e) Suspension of operating privileges upon conviction.--

(1) The department shall suspend the operating privilege of an individual under paragraph (2) upon receiving a certified record of the individual's conviction of or an adjudication of delinquency for:

(i) an offense under section 3802; or

(ii) an offense which is substantially similar to an offense enumerated in section 3802 reported to the department under Article III of the compact in section 1581 (relating to Driver's License Compact).

(2) Suspension under paragraph (1) shall be in accordance with the following:

(i) Except as provided for in subparagraph (iii), 12 months for an ungraded misdemeanor or misdemeanor of the second degree under this chapter.

(ii) 18 months for a misdemeanor of the first degree or felony of the second or third degree under this chapter.

(iii) There shall be no suspension for an ungraded misdemeanor under section 3802(a) where the person is subject to the penalties provided in subsection (a) and the person has no prior offense.

(iv) For suspensions imposed under paragraph

(1)(ii), notwithstanding any provision of law or enforcement agreement to the contrary, all of the following apply:

(A) Suspensions shall be in accordance with
75 Pa.C.S. § 1535 — PA Code / Title 75 / Chapter 15 / Section 1535
Schedule of convictions and points.
Status: in_force

(a) General rule.--A point system for driver education and control is hereby established which is related to other provisions for use, suspension and revocation of the operating privilege as specified under this title. Every driver licensed in this Commonwealth who is convicted of any of the following offenses shall be assessed points as of the date of violation in accordance with the following schedule: Points Offense Section Number Violation of restriction on driver's license.

Violation concerning license.

Failure to obey policeman or authorized person.

Obedience to traffic-control devices warning of hazardous conditions. 3111.1

Failure to stop for a red light. 3112(a)(3)(i) or (ii)

Failure to stop for a flashing red light. 3114(a)(1)

Failure to yield half of roadway to oncoming vehicle.

Improper passing.

Other improper passing.

Other improper passing.

Other improper passing. 3306(a)(1)

Other improper passing. 3306(a)(2)

Other improper passing. 3306(a)(3)

Other improper passing.

Following too closely.

Failure to yield to driver on the right at intersection.

Failure to yield to oncoming driver when making left turn.

Failure to stop for stop sign. 3323(b)

Failure to yield at yield sign. 3323(c) Failure to yield when entering or crossing roadway between intersections.

Duty of driver in emergency response area and in relation to disabled vehicles. 3327(a) or

(a.1)

Improper turning around.

Failure to obey signal indicating approach of train. 3341(a)

Failure to comply with crossing gate or barrier. 3341(b) (and 30 days' suspension)

Failure to stop at railroad crossings. 3342(b) or (e)

Failure to stop when entering from alley, driveway or building.

Failure to stop for school bus with flashing red lights. 3345(a) (and 60 days' suspension)

Driving too fast for conditions.

Exceeding maximum speed.--Over Limit:

6-10

11-15

16-25

26-30

31-over (and departmental hearing and sanctions provided under section 1538(d))

Exceeding special speed limit in school zone. 3365(b) (and 60 days' suspension for a second or subsequent offense)

Exceeding special speed limit for trucks on downgrades. 3365(c)

Failure to yield to pedestrian in crosswalk. 3542(a)

Failure to yield to pedestrian on sidewalk.

Failure to yield to blind pedestrian. 3549(a)

Improper backing.

Careless driving. 3714(a)

Leaving scene of accident involving property damage only.

(b) Multiple offenses from same act.--If a driver is convicted of an offense under section 3361 (relating to driving vehicle at safe speed) or 3714 (relating to careless driving), in addition to being convicted of another offense committed at the same time and place, no points shall be assigned for

violation of section 3361 or 3714 if points are assigned for the other offense.

(c) No points after six months.--The department shall assign points to the record of any person within six months from the date of a conviction. Any points assigned after such six-month period shall be null and void.

(d) Exception.--This section does not apply to a person who was operating a pedalcycle or an animal drawn vehicle.

(e) Suspension of operating privilege.--In addition to other provisions of this title relating to the suspension or revocation of operating privileges, the department shall suspend for 15 days the operating privileges of any person who for a violation in an active work zone is convicted under:

(1) section 3361 where the department has received an accident report submitted pursuant to section 3751 (relating to reports by police); or

(2) section 3362 (relating to maximum speed limits) by exceeding the posted speed limit by 11 miles per hour or more. A conviction report received by the department which indicates that the violation of section 3361 or 3362 occurred in an active work zone shall create a presumption that the violation occurred in an active work zone. (June 23, 1982, P.L.605, No.171, eff. imd.; Mar. 29, 1984, P.L.155, No.30, eff. 60 days; Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; Dec. 7, 1994, P.L.820, No.115, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. July 1, 1999; Dec. 23, 2002, P.L.1982, No.229, eff. 6 months; Dec. 8, 2004, P.L.1791, No.237, eff. 150 days; July 5, 2012, P.L.1003, No.114, eff. 60 days; Oct. 29, 2020, P.L.1057, No.105, eff. 180 days) 2020 Amendment. Act 105 amended subsec. (a). Section 2 of Act 105 provided that Act 105 may be referred to as the Move Over Law. 2002 Amendment. Act 229 added subsec. (e). 1994 Amendment. Act 115 amended subsec. (b). 1982 Amendment. Act 171 added subsec. (d). Cross References. Section 1535 is referred to in sections 1538, 1539, 1554, 1793, 1799.2, 3116, 3117, 3345.1, 3369, 3370, 3371, 4581 of this title.
75 Pa.C.S. § 6328 — PA Code / Title 75 / Chapter 63 / Section 6328
Admissibility of department records.
Status: in_force

The department may send to any authorized user by electronic transmission any certification of record or abstract of records maintained by the department. Permissible uses shall include, but not be limited to, certifications of driving records and motor vehicle records. The department may also certify electronically any documents certified to it electronically. Authorized users include State and local police, district attorneys, employees of the department and the Office of Attorney General and other persons or entities as determined by the department and listed by notice in the Pennsylvania Bulletin. In any proceeding before the courts or administrative bodies of this Commonwealth, documents certified by the department under this section and offered into evidence by an authorized user shall be admissible into evidence. (Dec. 21, 1998, P.L.1126, No.151, eff. imd.) 1998 Amendment. Act 151 added section 6328. Cross References. Section 6328 is referred to in section 3802 of this title.
75 Pa.C.S. § 1584 — PA Code / Title 75 / Chapter 15 / Section 1584
Furnishing of information to other states.
Status: in_force

The Department of Transportation of the Commonwealth shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV and V of the compact. The omission from any report received by the department from a party state of any information required by Article III of the compact shall not excuse or prevent the department from complying with its duties under Articles IV and V of the compact. (Dec. 21, 1998, P.L.1126, No.151, eff. imd.)
75 Pa.C.S. § 1165 — PA Code / Title 75 / Chapter 11 / Section 1165
Reconstructed vehicles.
Status: in_force

(a) General rule.--If a vehicle, other than an antique or classic vehicle, for which a certificate of salvage has been issued is thereafter restored to operating condition, it shall be regarded as a reconstructed vehicle.

(b) Application for a reconstructed vehicle certificate of title.--A reconstructed vehicle title and registration shall be issued to an applicant if the applicant presents to the department an application for a certificate of title upon a form furnished and prescribed by the department and any other information the department deems appropriate. Cross References. Section 1165 is referred to in sections 1161, 1164, 1166 of this title.
75 Pa.C.S. § 6311 — PA Code / Title 75 / Chapter 63 / Section 6311
Enforcement authority.
Status: in_force

If a driver fails or refuses to comply with the requirements of a police officer or qualified Commonwealth employee given pursuant to this title, the police officer or Commonwealth employee shall have authority to take the vehicle into temporary custody for the purpose of inspecting, testing or weighing the vehicle, its equipment, documents or load. In addition to any fine or penalty attributable to the weight, inspection, test or other offense, any driver who fails or refuses to comply commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500. Any costs incurred in weighing, testing or inspecting shall be paid by the driver to the person or agency incurring the costs or to the issuing authority for payment to the person or agency incurring the costs.

(June 19, 1985, P.L.49, No.20, eff. 60 days; Dec. 16, 1992, P.L.1250, No.166) 1992 Amendment. See section 9 of Act 166 in the appendix to this title for special provisions relating to effective date.
75 Pa.C.S. § 4968 — PA Code / Title 75 / Chapter 49 / Section 4968
Permit for movement during course of manufacture.
Status: in_force

(a) Annual permit.--(Deleted by amendment).

(a.1) General rule.--An annual permit may be issued authorizing movement on specified highways of:

(1) boats, trailers, mobile homes, modular housing units and undercarriages, helicopters, hot ingots, a hot box, basic oxygen furnace lances, railway equipment and rails or other articles, vehicles or combinations which exceed the maximum height, width or length specified in Subchapter B (relating to width, height and length) while they are in the course of manufacture and under contract with or under the direct control of the manufacturer, provided that they do not exceed the maximum weight specified in Subchapter C (relating to maximum weights of vehicles) unless they also qualify under paragraph (3);

(2) self-propelled cranes while they are in the course of manufacture and under contract with or under the direct control of the manufacturer; or

(3) aircraft refueling vehicles or vehicles and combinations carrying milk, raw coal, flat-rolled steel coils, steel slabs, hot ingots, a hot box, pulpwood and wood chips, raw water or cryogenic liquid or sugar which exceed the maximum weight specified in Subchapter C while they are in the course of manufacture and under contract with or under the direct control of the manufacturer, provided that they do not exceed the maximum height, width or length specified in Subchapter B unless they also qualify under paragraph

(1), subject to the provisions in subsection (a.2).

(a.2) Specifications.--

(1) Except for articles and vehicles not exceeding 102 inches in width, no permit shall be issued under this section for movement of articles or vehicles while they are in transit from the manufacturer to a purchaser or dealer or for the movement of articles or vehicles upon a freeway.

(2) Overwidth articles and vehicles:

(i) Articles and vehicles not wider than 102 inches may be moved any distance on a permit.

(ii) Articles and vehicles wider than 102 inches but not wider than 108 inches may be moved up to seven miles on a permit 24 hours per day, seven days a week.

(iii) Articles and vehicles wider than 102 inches but not in excess of 12 feet in width may be moved up to 50 miles on a permit.

(iv) Wider articles and vehicles may be moved no farther than ten miles on a permit.

(3) A combination of vehicles which is hauling flat-rolled steel coils or steel slabs may be permitted by the department and local authorities to move upon highways within their respective jurisdictions a distance not exceeding 50 miles if the gross weight does not exceed 100,000 pounds and the weight of any nonsteering axle does not exceed 21,000 pounds. No permit may be issued for this type of movement upon an interstate highway.

(4) A combination of vehicles which is hauling milk to or from a manufacturer may be permitted by the department and local authorities to move upon highways within their respective jurisdictions 24 hours a day, seven days a week, except during inclement weather as defined in department regulations, if the gross weight does not exceed 95,000 pounds and the weight of any nonsteering axle does not exceed 21,000 pounds. A permit may be issued for this type of movement upon an interstate highway. An application to the department for the movement of milk, except for raw milk, shall designate the route the applicant requests to use.

(5) A combination of vehicles which is hauling a hot ingot or a hot box may be permitted by the department and local authorities to move upon highways within their respective jurisdictions a distance not exceeding 25 miles if the gross weight does not exceed 150,000 pounds and the weight of any nonsteering axle does not exceed 21,000 pounds. No permit may be issued for this type of movement upon an interstate highway.

(6) A combination of vehicles which is hauling basic oxygen furnace lances may be permitted by the department and local authorities to move upon highways within their respective jurisdictions if the overall length does not exceed 90 feet. A vehicle operating under a permit authorized under this section may be driven 24 hours a day, seven days a week, if the vehicle or combination is operated at prevailing speeds. Movement under this paragraph is not authorized during any of the following:

(i) A holiday period specified in department regulations or in the permit.

(ii) Inclement weather, as defined in department regulations.

(7) A self-propelled crane which is being road tested may be permitted by the department and local authorities to move upon highways within their respective jurisdictions a distance not exceeding 15 miles if the gross weight does not exceed 150,000 pounds and the weight on any axle does not exceed 27,000 pounds.

(8) A combination of vehicles which is hauling raw coal from a mine to a processing or preparation facility may be permitted by the department and local authorities to move upon highways within their respective jurisdictions a distance not exceeding 30 miles if the gross weight does not exceed 95,000 pounds and the weight of any nonsteering axle does not exceed 21,000 pounds. No permit may be issued for this type of movement upon an interstate highway.

(9) A combination of vehicles which is hauling raw water from a spring to a bottling facility may be permitted by the department and local authorities to move upon specified highways within their respective jurisdictions subject to the following conditions:

(i) The vehicle must be a six-axle combination - three-axle truck tractor.

(ii) Gross vehicular weight must not exceed 96,900 pounds.

(iii) Maximum weight on steering axles shall be 11,000 pounds.

(iv) Maximum weight on the truck-tractor tandem (axles two and three) shall be 38,000 pounds, with a maximum of 19,500 pounds on either axle in the group.

(v) Maximum weight on the semitrailer tridem (axles four, five and six) shall be 47,700 pounds, with a maximum of 16,400 pounds on any axle in the group.

(vi) Minimum spacing between axle one and axle two shall be 12 feet 11 inches.

(vii) The center-to-center distance between the last drive axle of the truck tractor (axle three) and the first axle of semitrailer (axle four) must be a minimum of 26 feet 7 inches.

(viii) Minimum spacing between tandem and tridem axles shall be 4 feet 1 inch. No permit may be issued for this type of movement upon an interstate highway.

(10) A combination of vehicles which is hauling pulpwood or wood chips from a specified source to a pulp mill may be permitted by the department and local authorities to move upon specified highways within their respective jurisdictions subject to the following conditions:

(i) The vehicle must be a minimum five-axle combination - three-axle truck tractor meeting the following characteristics:

(A) Gross vehicular weight must not exceed 95,000 pounds.

(B) Maximum weight on steering axles shall be 11,000 pounds.

(C) Maximum weight on the truck-trailer tandem (axles two and three) shall be 42,000 pounds, with a maximum of 21,000 pounds on either axle in the group.

(D) Maximum weight on the semitrailer tridem (axles four and five) shall be 42,000 pounds, with a maximum of 21,000 pounds on any axle in the group.

(E) Minimum spacing between axle one and axle two shall be 12 feet 6 inches.

(F) The center-to-center distance between the last drive axle of the truck tractor (axle three) and the first axle of the semitrailer (axle four) must be a minimum of 28 feet 0 inch.

(G) Minimum spacing between tandem and tridem axles shall be 4 feet 0 inch.

(ii) The vehicle must be a minimum six-axle combination - three-axle truck tractor meeting the following characteristics:

(A) Gross vehicular weight must not exceed 107,000 pounds.

(B) Maximum weight on steering axles shall be 12,000 pounds.

(C) Maximum weight on the truck-tractor tandem (axles two and three) shall be 42,000 pounds, with a maximum of 21,000 pounds on either axle in the group.

(D) Maximum weight on the semitrailer tridem (axles four, five and six) shall be 53,000 pounds, with a maximum of 17,670 pounds on any axle in the group.

(E) Minimum spacing between axle one and axle two shall be 12 feet 6 inches.

(F) The center-to-center distance between the last drive axle of the truck tractor (axle three) and the first axle of the semitrailer (axle four) must be a minimum of 45 feet 0 inch.

(G) Minimum spacing between tandem and tridem axles shall be 4 feet 0 inch. No permit may be issued for this type of movement upon an interstate highway.

(11) An aircraft refueling vehicle manufactured for the United States Department of Defense which is being road tested and carrying a load required under contract with the Department of Defense as part of the road test procedure may be permitted by the department and local authorities to move upon highways within their respective jurisdictions a distance not exceeding 35 miles if, for a three-axle vehicle, the gross weight does not exceed 70,000 pounds and the weight on any axle does not exceed 26,000 pounds. No permit may be issued for this type of movement upon an interstate highway.

(12) A permit may be denied or revoked in order to preserve the safety of highway users or to protect the structural integrity of highways or bridges or as otherwise authorized by department regulations.

(13) A combination of vehicles that hauls cryogenic liquid from a manufacturing or processing facility to another manufacturing or processing facility may be permitted by the department and local authorities to move upon highways within their respective jurisdiction if the gross weight does not exceed 102,000 pounds. No permit may be issued for this type of movement upon an interstate highway.

(14) A combination vehicle hauling sugar may be permitted by the department and local authorities to move upon specified highways within their respective jurisdictions a distance not exceeding five miles if the gross weight does not exceed 95,000 pounds and the weight of any nonsteering axle does not exceed 21,000 pounds. No permit may be issued for this type of movement upon an interstate highway.

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

"Bulk milk." The term shall mean milk, as defined in section 1 of the act of July 2, 1935 (P.L.589, No.210), referred to as the Milk Sanitation Law, which is not transported in packages. "Condensed milk" and "evaporated milk." The term shall mean manufactured dairy products as defined in section 1 of the act of July 2, 1935 (P.L.589, No.210), referred to as the Milk Sanitation Law, which is not transported in packages.

"Hot box." Consists of an enclosure consisting of welded steel plate chained to a semitrailer with a removable lid lined with refraction for purposes of insulation and retention of heat.

"Milk." The term shall mean any of the following:

(1) Bulk milk.

(2) Evaporated milk.

(3) Raw milk.

(4) Condensed milk.

"Raw milk." Has the meaning given to it in the act of July 2, 1935 (P.L.589, No.210), referred to as the Milk Sanitation Law.

"Sugar." The term shall refer to granulated raw, semi-refined or refined sugar derived from the processing of sugar cane or sugar beets, requiring further processing and not intended for direct consumption or retail sale. (Mar. 7, 1982, P.L.152, No.49, eff. imd.; Nov. 29, 1985, P.L.316, No.81, eff. 60 days; Dec. 28, 1994, P.L.1450, No.172, eff. 60 days; July 6, 1995, P.L.315, No.48, eff. 60 days; Feb. 23, 1996, P.L.21, No.8, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; June 25, 1999, P.L.164, No.23, eff. 60 days; June 22, 2001, P.L.559, No.37, eff. 60 days; Nov. 29, 2006, P.L.1449, No.159, eff. 60 days; Nov. 26, 2008, P.L.1658, No.133, 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. imd.; May 25, 2016, P.L.248, No.34, eff. 60 days; Nov. 4, 2016, P.L.1277, No.165, eff. 60 days; July 11, 2022, P.L.1591, No.91, eff. 60 days) 2022 Amendment. Act 91 amended subsec. (a.2)(10)(i) intro. par. and (ii) intro par.

Amendments. Act 34 amended subsec. (a.2)(4) and Act 165 amended subsec. (a.1)(3), added subsec. (a.2)(14) and the def. of "sugar" in subsec. (b).

Amendment. Act 89 amended subsecs. (a.1)(3), (a.2)(4) and (b). See the preamble and section 44 of Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations and movement of raw milk.

Amendment . Act 187 amended subsec. (a.1)(3) and added subsec. (a.2)(13). 2010 Amendment. Act 81 deleted subsec. (a) and added subsecs. (a.1) and (a.2). The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael C. Weigand Law. Cross References. Section 4968 is referred to in sections 1943, 4904, 4962 of this title.
75 Pa.C.S. § 4704 — PA Code / Title 75 / Chapter 47 / Section 4704
Inspection by police or Commonwealth personnel.
Status: in_force

(a) Authority to inspect.--

(1) Inspection in conjunction with vehicle weighing.--

(i) Any Pennsylvania State Police officer or qualified Commonwealth employee engaged in weighing vehicles as provided in Ch. 49 Subch. E (relating to measuring and adjusting vehicle size and weight) is authorized to inspect any item of the vehicle's equipment and its load, driver and documents to determine whether they meet standards established in department regulations.

(ii) Any police officer or Commonwealth employee engaged in weighing vehicles as provided in Ch. 49 Subch. E is authorized to inspect any items of a vehicle's equipment to determine whether they meet the standards established in department regulations.

(2) Systematic vehicle inspection programs.--Any Pennsylvania State Police officer or qualified Commonwealth employee engaged in a systematic vehicle inspection program may inspect any vehicle, driver, documents, equipment and load to determine whether they meet standards established in department regulations.

(3) Probable cause.--

(i) Any State Police officer or qualified Commonwealth employee having probable cause to believe that a vehicle, driver, documents, equipment or load are unsafe, not equipped as required or otherwise not in compliance with the law or regulations may inspect the vehicle, driver, documents, equipment or load.

(ii) Any police officer having probable cause to believe that a vehicle or its equipment is unsafe, not equipped as required or otherwise not in compliance with the law or regulations may inspect the vehicle or its equipment.

(4) Testing in conjunction with vehicle emissions.--When testing for vehicle emissions, testing may include remote sensing devices or systematic roadside checks with tailpipe tests, emission control device checks and a check of the subject vehicle's emission control system including all of the components to determine if any part of the system has been disabled, changed or altered. The systematic testing may be conducted by police officers or qualified Commonwealth employees.

(5) Inspection of a vehicle involved in an accident.--Any Pennsylvania State Police officer or qualified Commonwealth employee is authorized to inspect any item of equipment and the load, driver and documents of any vehicle involved in an accident to determine whether they meet standards established in department regulations.

(b) Notice of violation.--Any police officer or qualified Commonwealth employee, having probable cause to believe that any vehicle or mass transit vehicle, regardless of whether it

is being operated, or its equipment, documents or load, are unsafe, not equipped as required, or are otherwise not in compliance with the law or department regulations, may at any time submit a written notice of the violations to the driver of the vehicle or the mass transit vehicle or to the owner, lessee or registrant, or if none of them is present, to an adult occupant of the vehicle or the mass transit vehicle, or if the vehicle or the mass transit vehicle is unoccupied, the notice shall be attached to the vehicle or the mass transit vehicle in a conspicuous place.

(1) The notice shall specify the particulars of the violations and require that the violations be corrected. Within five days or, in the case of a motor carrier vehicle or bus, within 15 days or before commencement of the vehicle's next trip, whichever occurs first, or in the case of emission testing, within 30 days, evidence must be submitted to the police or the Commonwealth, whichever is applicable, that the violations have been corrected.

(2) If the police officer or qualified Commonwealth employee has probable cause to believe that a vehicle or mass transit vehicle is unsafe or not in proper repair or fails a roadside vehicle emission test, he may require in the written notice that the vehicle or mass transit vehicle be inspected. The owner or driver shall, within five days of the date of notification or, in the case of a motor carrier vehicle or bus, within 15 days of the date of notification or before commencement of the vehicle's next trip, whichever occurs first, or in the case of emission testing, within 30 days, submit to the police or the Commonwealth, whichever is applicable, certification from an official inspection station that the vehicle or the mass transit vehicle has been restored to legal operating condition in relation to the particulars specified on the notice. Any person who fails a roadside vehicle emission inspection shall have 30 days in which to pass an enhanced vehicle emission inspection or to produce evidence that the subject vehicle has a valid emissions test waiver.

(3) After the expiration of the five-day, 15-day or 30-day period specified in paragraphs (1) and (2), whichever is appropriate, the vehicle shall not be operated upon the highways of this Commonwealth and a mass transit vehicle shall not be operated until the owner or driver has submitted to the police or the Commonwealth, whichever is applicable, evidence of compliance with the requirements of paragraph

(1) or (2), whichever is applicable.

(c) Operation prohibited if hazardous.--

(1) In the event a vehicle or a mass transit vehicle, or its equipment, load or driver, in the reasonable judgment of the officer or qualified Commonwealth employee, is in such condition that further operation would be hazardous, the officer or qualified Commonwealth employee may require that the vehicle or the mass transit vehicle not be operated under its own power or that the driver discontinue driving, or both, and may so stipulate in the notice given under subsection (b). In the case of motor carrier vehicles or their drivers, all such determinations shall be based on out-of-service criteria established in department regulations.

(2) In the event a motor carrier vehicle or mass transit vehicle is involved in an accident that causes the death of the vehicle operator or another person, the motor carrier vehicle or mass transit vehicle and its equipment, load,

driver and documents shall be inspected by a qualified Commonwealth employee as designated by the department in accordance with subsection (f) before the vehicle or driver will be allowed to continue operation.

(d) Authority of police and qualified Commonwealth employees.--Any police officer or qualified Commonwealth employee shall be authorized to detain and inspect any sealed or unsealed vehicle, container or shipment which they have probable cause to believe may be in violation of the law or Commonwealth regulations while in transit or in maintenance facilities, terminals or other public or private property to ascertain if commodities or materials are being unloaded, stored or transported in an illegal manner; to inspect contents; to inspect and copy documents and otherwise to ensure compliance with the law and Commonwealth regulations, except that only State Police and qualified Commonwealth employees shall have the authority to enforce any law or regulation pertaining to drivers, including, but not limited to, minimum driver qualifications, maximum hours of service and driver records, or pertaining specifically to hazardous materials. If a seal is opened for inspection, the inspecting officer or Commonwealth employee shall reseal any vehicle, container or shipment prior to further transportation.

(e) Limitation of authority of qualified Commonwealth employees.--The authority granted to qualified Commonwealth employees under this section shall be exercised only when the employee is in uniform and shall apply only to motor carrier vehicles, buses and all vehicles and combinations carrying hazardous materials in an amount and type which require the vehicle to be placarded under Chapter 83 (relating to hazardous materials transportation) and to the drivers of all such vehicles. Qualified Commonwealth employees who are not police officers shall be regarded as police officers under this part for the purpose of instituting criminal proceedings by citation under Chapter 50 of the Pennsylvania Rules of Criminal Procedure.

(f) Training of Commonwealth employees.--The department shall establish a program or programs to train and qualify Commonwealth employees, including Pennsylvania State Police officers, to inspect vehicles, equipment, documents, loads and drivers as authorized under this section and may provide such a program to train and qualify any police officer. After one year following the effective date of this section, inspections under subsection (a)(2) may be conducted only by personnel qualified under this program. Until that time, such inspections may be conducted by personnel designated by the department. A document executed by a department official, or a photostatic copy thereof, indicating that a person, including any police officer, has been so qualified or designated shall be competent and prima facie evidence of the qualification or designation.

(g) Limitations.--(Deleted by amendment).

(h) Administrative coordination.--The department shall coordinate with the Pennsylvania Public Utility Commission in the enforcement of this section and 66 Pa.C.S. § 3312(a) (relating to evasion of motor carrier and broker regulations). (June 18, 1980, P.L.223, No.67, eff. imd.; June 18, 1980, P.L.229, No.68, eff. 60 days; June 19, 1985, P.L.49, No.20, eff. 60 days; Dec. 16, 1992, P.L.1250, No.166; Dec. 18, 1992, P.L.1411, No.174, eff. 60 days; May 20, 1993, P.L.30, No.10, eff. 60 days; Feb. 10, 1994, P.L.10, No.2, eff. imd.; June 19, 2001, P.L.281, No.21, eff. imd.; June 26, 2001, P.L.734, No.75,

eff. 60 days; Dec. 23, 2002, P.L.1982, No.229; Nov. 26, 2008, P.L.1658, No.133, eff. 60 days) 2008 Amendment. Act 133 deleted subsec. (g). 2002 Amendment. Act 229 amended subsecs. (a), (c), (e) and

(g), effective in 60 days as to subsecs. (a) and (c) and six months as to the remainder of the section. 2001 Amendments. Act 21 amended subsec. (c) and added subsec. (h) and Act 75 amended subsec. (c) and added subsec.

(h). Act 75 overlooked the amendment by Act 21, but the amendments do not conflict in substance and have both been given effect in setting forth the text of subsec. (c). The addition of subsec. (h) by Acts 21 and 75 is identical and therefore has been merged. 1992 Amendment. Section 9 of Act 166 provided that the amendment shall take effect 60 days after the Department of Transportation certifies by notice in the Pennsylvania Bulletin that an enhanced emission inspection program will commence. References in Text. Section 3312(a) of Title 66, referred to in subsec. (h), does not exist. Cross References. Section 4704 is referred to in sections 1373, 4102, 4107, 6103 of this title; section 4150 of Title 3 (Agriculture).
75 Pa.C.S. § 6146.1 — PA Code / Title 75 / Chapter 61 / Section 6146.1
Multijurisdictional permit agreement.
Status: in_force

(a) Multijurisdictional permit agreements authorized.--The secretary and the Pennsylvania Turnpike Commission may execute and enter into agreements on behalf of the Commonwealth with other states and countries to provide for:

(1) The issuance of permits by one signatory state or country on behalf of another for nondivisible overweight or oversize loads, vehicles and combinations which are involved in interstate commerce upon the highways of this Commonwealth and any signatory state or country.

(2) The collection and refund of permit fees and other costs from or to permittees.

(3) The collection and disbursement of permit fees and other funds by one signatory state or country on behalf of another.

(4) The audit of permittees and signatory states or countries to insure compliance with a multijurisdictional permit agreement.

(5) The enforcement of the agreement by one signatory state or country on behalf of another.

(b) Purpose.--Each agreement with another state or country entered into on behalf of the Commonwealth pursuant to this section shall, in the judgment of the secretary, be in the best interests of this Commonwealth and the citizens thereof and shall be fair and equitable to this Commonwealth and the citizens thereof and shall be determined on the basis and recognition of the benefits which accrue to the economy of the Commonwealth from the uninterrupted flow of commerce with due regard for preserving the safety of the motoring public, the orderly movement of traffic and the structural integrity of the highways.

(c) Enforcement.--The secretary and the Pennsylvania Turnpike Commission are authorized to provide for:

(1) The conduct and supervision of the movement of the overweight or oversize loads, vehicles and combinations by the department, the Pennsylvania Turnpike Commission, the Pennsylvania State Police or designated persons when the movement occurs within this Commonwealth or as authorized by the agreement.

(2) The administration and enforcement of provisions set forth in a multijurisdictional permit agreement and the conditions or provisions set forth in any permit issued pursuant to such an agreement.

(3) The suspension, revocation, rescission, cancellation or invalidation of any permittee's rights or privileges.

(d) Implementation.--The secretary and the Pennsylvania Turnpike Commission, in order to implement this section and the provisions of a multijurisdictional permit agreement, shall publish the agreement and relevant rules as a notice in the Pennsylvania Bulletin. (Apr. 29, 1994, P.L.148, No.25, eff. imd.) 1994 Amendment. Act 25 added section 6146.1.

Cross References. Section 6146.1 is referred to in section 4907 of this title.
75 Pa.C.S. § 1338 — PA Code / Title 75 / Chapter 13 / Section 1338
Person with disability plate and placard.
Status: in_force

(a) Person with disability plate.--On the application of any person who:

(1) is blind;

(2) does not have full use of an arm or both arms;

(3) cannot walk 200 feet without stopping to rest;

(4) cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair or other assistive device;

(5) is restricted by lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one

liter or the arterial oxygen tension is less than 60 mm/hg on room air at rest;

(6) uses portable oxygen;

(7) has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to the standards set by the American Heart Association;

(8) is severely limited in his or her ability to walk due to an arthritic, neurological or orthopedic condition;

(9) is a person in loco parentis of a person specified in paragraph (1), (2), (3), (4), (5), (6), (7) or (8);

(10) is the parent, including adoptive parent or foster parent, of a child or adult child provided that the person has custody, care or control of the child or adult child and the child or adult child satisfies paragraph (1), (2), (3),

(4), (5), (6), (7) or (8); or

(11) is the spouse of a person specified in paragraph

(1), (2), (3), (4), (5), (6), (7) or (8); the department shall issue a special registration plate for one passenger car or truck with a registered gross weight of not more than 14,000 pounds, designating the vehicle so licensed as being used by a person with a disability. Special plates for persons with disabilities may also be issued for vehicles operated exclusively for the use and benefit of persons with disabilities. In the case of a motorcycle, the department shall issue a decal containing the international symbol for access for persons with disabilities for display on the registration plate.

(b) Person with disability parking placard.--On the initial application or renewal application of any person who meets the qualifications of subsection (a), the department shall issue one special parking placard of such size and design as the department shall specify, designating the vehicle in which it is displayed as being used for the transportation of persons with disabilities. When parking the designated vehicle, the person with disability parking placard shall be prominently displayed in such a manner that it may be viewed from the front and rear of the vehicle by hanging it from the front windshield rearview mirror of a vehicle only when that vehicle is utilizing a parking space reserved for persons with disabilities. When there is no rearview mirror, or the placard is not designed in such a manner to accommodate hanging from a rearview mirror, the placard shall be displayed on the dashboard. Placards may also be issued for use in vehicles when operated for the use and benefit of persons with disabilities provided that a person with a disability is being transported in the vehicle. Organizations that transport persons with disabilities shall upon application be issued not more than eight placards in the organization's name. These placards may be used in a vehicle of the organization or the personal vehicle of an employee or volunteer of the organization when the employee or volunteer operates the vehicle for the benefit and use of persons with disabilities provided that a person with a disability is being transported in the vehicle.

(c) Health care provider's statement.--

(1) Any person applying for a special plate or parking placard for persons with disabilities must present a statement, certified by a physician, podiatrist, chiropractor, optometrist, physician assistant or certified registered nurse practitioner licensed or certified to practice in this Commonwealth or in a contiguous state, that

the person with a disability is disabled as provided in subsection (a).

(2) Any person applying for a renewal of registration of a special plate for persons with disabilities must comply with this subsection. Once a person with a disability has been duly certified by a physician, podiatrist, chiropractor, optometrist, physician assistant or certified registered nurse practitioner as being disabled, as provided in subsection (a), the applicant need not submit a certification for subsequent renewals of registration for a special plate for persons with disabilities. A person who was issued a person with disability plate under this section and no longer qualifies for one shall not be charged a replacement fee for a regular registration plate upon payment of the regular registration fee.

(3) In lieu of a health care provider's statement, a person applying for a special plate or parking placard may present a statement from a police officer certifying that the person does not have full use of a leg, or both legs, or is blind.

(4) The department shall phase out existing handicapped placards as soon as practicable and issue a new series to persons who comply with this section.

(c.1) Return of plates and placard.--Upon the death of a person to whom a plate or placard has been issued under this section, the plate or placard shall be void 30 days after death and shall not be displayed on any vehicle. The personal representative of the deceased shall return the plate to the department. If there is no personal representative, the spouse or, if there is no spouse, the next of kin of the deceased shall return the plate or placard to the department.

(c.2) Authorized use.--This section shall not preclude the operation of a vehicle which bears a person with disability plate when the vehicle is not being used for the benefit of the person with a disability or when the person with a disability is not present in the vehicle, provided the driver does not use or attempt to use any special privilege or benefit otherwise accorded to vehicles displaying the plate.

(d) Penalty.--Any person violating this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $100.

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

"Chiropractor." A chiropractor acting within the scope of practice contained in the act of December 16, 1986 (P.L.1646, No.188), known as the Chiropractic Practice Act.

"Podiatrist." A podiatrist acting within the scope of practice contained in the act of March 2, 1956 (1955 P.L.1206, No.375), known as the Podiatry Practice Act. (July 11, 1980, P.L.550, No.113, eff. 60 days; Oct. 10, 1980, P.L.791, No.147, eff. imd.; May 9, 1986, P.L.158, No.51, eff. 60 days; Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; July 11, 1990, P.L.432, No.105, eff. 60 days; July 19, 1991, P.L.88, No.20, eff. 90 days; Apr. 29, 1994, P.L.148, No.25, eff. imd.; July 6, 1995, P.L.246, No.30, eff. 60 days; Dec. 15, 1995, P.L.655, No.72, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; July 15, 2004, P.L.698, No.76, 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; June 23, 2016, P.L.390, No.55, eff. 60 days; Oct. 25, 2017, P.L.374, No.37, eff. 60 days)

2017 Amendment. Act 37 amended subsec. (c)(1) and (2). 2016 Amendment. Act 55 amended subsec. (a). 2004 Amendment. Section 2 of Act 76 provided that any regulations of the Department of Transportation that are inconsistent with Act 76 are hereby abrogated to the extent of that inconsistency. Cross References. Section 1338 is referred to in sections 1334, 1341.1, 1342, 3354 of this title.
75 Pa.C.S. § 1315 — PA Code / Title 75 / Chapter 13 / Section 1315
Operation of vehicle following death of owner.
Status: in_force

When the owner of a vehicle is deceased, the vehicle may be operated by or for any heir or personal representative of the decedent for the remainder of the current registration period and throughout the next following registration period, provided that the registration is renewed in the name of the decedent's estate as otherwise required by this chapter. Registration may continue to be renewed thereafter in the name of the decedent's estate by any person entitled to the family exemption until the final account is approved by the court.
75 Pa.C.S. § 1571 — PA Code / Title 75 / Chapter 15 / Section 1571
Violations concerning licenses.
Status: in_force

(a) Offenses defined.--It is unlawful for any person:

(1) To exhibit or cause or permit to be exhibited or have in possession any recalled, canceled, suspended, revoked or disqualified driver's license.

(2) To lend a driver's license to any other person or permit the use thereof by another.

(3) To exhibit or represent as one's own any driver's license not issued to the person.

(4) To fail or refuse to surrender to the department upon lawful demand a recalled, canceled, suspended, revoked, disqualified, fictitious or fraudulently altered driver's license.

(5) To exhibit or cause or permit to be exhibited or have in possession a fictitious or fraudulently altered driver's license.

(a.1) Employees and agents.--It is unlawful for any department employee or any agent of the department to issue a fictitious or fraudulently altered driver's license when the employee or agent has knowledge that the application for the driver's license or the driver's license contains fictitious or fraudulent information.

(b) Penalty.--

(1) Any person violating the provisions of subsection

(a)(1) through (4) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100.

(2) Any person violating the provisions of subsection

(a)(5) commits a misdemeanor of the first degree and shall be sentenced as provided in 18 Pa.C.S. §§ 1101(4) (relating

to fines) and 1104(1) (relating to sentence of imprisonment for misdemeanors).

(3) Any person violating the provisions of subsection

(a.1) commits a felony of the third degree and shall be sentenced as provided in 18 Pa.C.S. §§ 1101(3) (relating to fines) and 1103(3) (relating to sentence of imprisonment for felony). Each fictitious or fraudulently altered driver's license issued by a department employee or an agent of the department shall constitute a separate offense. (May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; Oct. 2, 2002, P.L.801, No.114, eff. 60 days) Cross References. Section 1571 is referred to in section 1535 of this title.
75 Pa.C.S. § 3709 — PA Code / Title 75 / Chapter 37 / Section 3709
Depositing waste and other material on highway, property or waters.
Status: in_force

(a) General rule.--No person shall throw or deposit, 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.

(b) Removal of deposited material.--

(1) Any person who drops, or permits to be dropped or thrown, upon any highway, or upon any other public or private property without the consent of the owner thereof or into or on any 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 shall immediately remove the same or cause it to be removed.

(2) For the purposes of this subsection a "person who permits to be dropped or thrown" from a vehicle any of the items described in paragraph (1) shall include the driver of the vehicle and the registrant of any vehicle registered in this Commonwealth from which any of the items are dropped or thrown, either by the registrant or any person operating, in possession of or present within the vehicle with the permission of the registrant, regardless of the registrant's intent or lack of knowledge with respect to the disposal of such items in violation of this section where the registrant of the vehicle does not, with reasonable certainty, identify the driver of the vehicle at the time the violation occurred.

(c) Removal of material following accident.--Any person removing a wrecked, damaged or disabled vehicle from a highway

shall remove from the highway or neutralize any glass, oil or other injurious substance resulting from the accident or disablement.

(d) Penalty.--Any person violating any of the provisions of subsection (a) or (b) commits a summary offense and shall, upon conviction, be sentenced to either or both of the following:

(1) To pay a fine of not more than:

(i) $900 for a violation which occurs in an easement purchased under the program established by section 14.1 of the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law;

(ii) $600 for a violation which occurs in an agricultural security area as defined in section 3 of the Agricultural Area Security Law; or

(iii) $300 for a violation which occurs anywhere else.

(2) Except where infirmity or age or other circumstance would create a hardship, be directed by the court in which conviction is obtained to pick up and remove litter from public property or private property, or both, with prior permission of the legal owner. If the person has no prior record of convictions for violation of this section, he may be sentenced to pick up and remove litter for not less than eight hours nor more than 16 hours. Upon a second conviction, the person may be sentenced to pick up and remove litter for not less than 16 hours and not more than 32 hours. Upon third and subsequent convictions, he may be sentenced to pick up and remove litter for not less than 40 hours and not more than 80 hours. The court shall schedule the time to be spent on such activities in such a manner that it does not interfere with the person's employment and does not interfere substantially with the person's family responsibilities or religious obligations.

(e) Disposition of fines, etc.--Revenue from the collection of fines and bail forfeitures in the course of enforcement of this section shall be distributed in the following manner:

(1) One-half shall be distributed to the agency or local government unit which brought the action to enforce this section and may be used to defray the expenses of enforcing this section, at the option of the agency or local government unit.

(2) One-half shall be allocated to the department for Statewide public education and awareness programs to promote litter control and recycling and awareness of the provisions of this section. (Mar. 27, 1986, P.L.71, No.24, eff. July 1, 1986; June 22, 2001, P.L.411, No.33, eff. 60 days) 2001 Amendment. Act 33 amended subsec. (d) intro. par. and

(1). 1986 Amendment. Act 24 amended the section heading and subsecs. (a), (b) and (d) and added subsec. (e). Cross References. Section 3709 is referred to in sections 1317, 1520, 3329 of this title.
75 Pa.C.S. § 3501 — PA Code / Title 75 / Chapter 35 / Section 3501
Applicability of traffic laws to pedalcycles.
Status: in_force

(a) General rule.--Every person riding a pedalcycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by 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.

(b) Application of subchapter.--The provisions of this subchapter apply whenever a pedalcycle is operated upon any highway or upon any path set aside for the exclusive use of pedalcycles subject to the exceptions stated in subsection (a).
75 Pa.C.S. § 3583 — PA Code / Title 75 / Chapter 35 / Section 3583
EPAMD prohibited on freeways.
Status: in_force

No person shall operate an EPAMD on a freeway.
75 Pa.C.S. § 1164 — PA Code / Title 75 / Chapter 11 / Section 1164
Theft vehicles.
Status: in_force

(a) General rule.--Upon payment to the insured of the replacement value for a theft vehicle, the owner or insurer shall apply for a certificate of salvage branded as a theft vehicle.

(b) Assessing damage on recovered theft vehicles.--If a theft vehicle has been recovered, the vehicle shall be assessed as to the level of damage at the time of recovery by an insurer or licensed physical damage appraiser:

(1) If the cost of repairs exceeds the replacement value of the vehicle, the theft-branded certificate of salvage shall serve as an ownership document. If the vehicle thereafter passes the reconstructed salvage vehicle inspection requirements under section 1165 (relating to reconstructed vehicles), it shall receive a certificate of title branded reconstructed and recovered-theft vehicle.

(2) If the cost of repairs is more than 50% of the replacement value of the vehicle and the owner elects to retain title to the vehicle, the owner shall apply for a certificate of title branded recovered-theft vehicle. A legible copy of the vehicle damage appraisal report completed by an insurer or licensed physical damage appraiser must accompany an application under this paragraph. The damage appraisal report shall include the replacement value of the vehicle.

(3) If an owner has received a certificate of salvage branded as a theft vehicle after a payment has been made and the stolen vehicle is located and thereafter passes an inspection by a licensed physical damage appraiser in which the damage does not rise to the level of paragraph (2), the owner may apply to the department for an unbranded title. A legible copy of the vehicle damage appraisal report completed by an insurer or licensed physical damage appraiser must accompany an application under this paragraph. The damage appraisal report shall include the replacement value of the vehicle.

(4) An individual who has not been paid the replacement value for the vehicle and has not received a certificate of salvage may use the existing certificate of title without applying for a new title.

(c) Self-insurer requirement.--If the insurer is a self-insurer, the assessment of damage under this section shall be completed by a licensed physical damage appraiser who is not affiliated with or employed by the self-insurer. (June 28, 2018, P.L.498, No.74, eff. 180 days) 2018 Amendment. Act 74 amended subsec. (b) and added subsec.

(c). Cross References. Section 1164 is referred to in sections 1106, 6308 of this title.
75 Pa.C.S. § 7712.9 — PA Code / Title 75 / Chapter 77 / Section 7712.9
Satisfaction of security interest.
Status: in_force

(a) Satisfaction of secured obligation.--Unless otherwise agreed by the owner, within 15 days of the satisfaction of the obligation secured by a security interest in a snowmobile or ATV, the secured party shall mail or deliver the certificate of title to the owner or to the department with a statement of satisfaction signed by the secured party. Upon receipt of the certificate of title and statement of satisfaction, the department shall issue a corrected certificate of title without an indorsement of such secured party's security interest and mail the same to the holder of the first remaining security interest or, if there is no remaining security interest, the owner.

(b) Satisfaction of subordinate secured obligation.--If the certificate of title for a snowmobile or ATV is in the possession of a prior secured party, the subordinate secured party whose obligation is satisfied shall mail or deliver to the owner a signed statement of satisfaction in accordance with subsection (a). Upon request of the owner and receipt of the statement of satisfaction, the secured party in possession of the certificate of title shall mail or deliver the certificate of title, together with the statement of satisfaction, to the department. Upon receipt of the certificate of title and evidence of satisfaction, the department shall issue a corrected certificate of title without an indorsement of the satisfied security interest and mail the same to the prior secured party.

(c) Penalties.--Any person violating the provisions of this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $50. (June 8, 2001, P.L.123, No.18, eff. July 1, 2001; June 25, 2001, P.L.701, No.68, eff. 120 days) Cross References. Section 7712.9 is referred to in section 7712.11 of this title.
75 Pa.C.S. § 3735 — PA Code / Title 75 / Chapter 37 / Section 3735
Homicide by vehicle while driving under influence.
Status: in_force

(a) Offense defined.--

(1) A person who unintentionally causes the death of another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802:

(i) is guilty of a felony of the second degree;

(ii) is guilty of a felony of the first degree if, before sentencing on the present violation, the person has incurred a conviction, adjudication of delinquency or other form of preliminary disposition for any of the following:

(A) An offense under section 3802.

(B) An offense under former section 3731 (relating to driving under influence of alcohol or controlled substance).

(C) An offense which constitutes a felony under this subchapter.

(D) An offense substantially similar to an offense under clause (A), (B) or (C) in another jurisdiction.

(E) Any combination of the offenses under clause

(A), (B), (C) or (D); or

(iii) is guilty of a felony of the first degree if the person convicted of a violation of subsection (a) is also convicted of a violation of section 3802(h)(1).

(2) The sentencing court shall order a person convicted under paragraph (1)(i) to serve a minimum term of imprisonment of not less than three years. A consecutive three-year term of imprisonment shall be imposed for each victim whose death is the result of a violation of section 3802.

(3) The sentencing court shall order a person convicted under paragraph (1)(ii) to serve a minimum term of imprisonment of:

(i) Not less than five years if, before sentencing on the present violation, the person has one prior conviction, adjudication of delinquency or other form of preliminary disposition for any of the offenses listed under paragraph (1)(ii)(A), (B), (C), (D) or (E). A consecutive five-year term of imprisonment shall be imposed for each victim whose death is the result of a violation of section 3802.

(ii) Not less than seven years if, before sentencing on the present violation, the person has incurred a prior conviction for violating section 3802(h)(1) or at least two prior convictions, adjudications of delinquency or other forms of preliminary disposition for any of the offenses listed under paragraph (1)(ii)(A), (B), (C),

(D) or (E). A consecutive seven-year term of imprisonment shall be imposed for each victim whose death is the result of a violation of section 3802.

(4) The sentencing court shall order a person convicted under paragraph (1)(iii) to serve a minimum term of imprisonment of not less than five years. A consecutive five-year term of imprisonment shall be imposed for each victim whose death is the result of a violation of section 3802(h)(1).

(b) Applicability of sentencing guidelines.--The sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory penalty of this section. (Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Feb. 23, 1996, P.L.21, No.8, eff. 60 days; July 11, 1996, P.L.660, No.115, 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. 24, 2018, P.L.925, No.153, eff. 60 days; Dec. 22, 2025, P.L.363, No.58, eff. imd.) 2025 Amendment. Act 58 amended subsec. (a)(1) and (3) and added subsec. (a)(4). See section 8 of Act 58 in the appendix to this title for special provisions relating to findings and declarations. 2018 Amendment. Act 153 amended subsec. (a). 1996 Amendments. Act 115 overlooked the amendment by Act 8, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 3735. Cross References. Section 3735 is referred to in sections 1532, 1541, 1553, 1554, 1556, 1575, 3803 of this title; section 8137 of Title 35 (Health and Safety); sections 1725.3, 1725.5, 5750, 67A01 of Title 42 (Judiciary and Judicial Procedure).
75 Pa.C.S. § 4976 — PA Code / Title 75 / Chapter 49 / Section 4976
Permit for movement of domestic animal feed and whole or unprocessed grain.
Status: in_force

An annual permit may be issued authorizing the movement on highways of domestic animal feed and whole or unprocessed grain, in bulk, which exceeds the maximum vehicle gross weight specified in Subchapter C (relating to maximum weights of vehicles). The weight of any vehicle permitted under this section may not exceed 95,000 pounds overall gross weight and the weight on any nonsteering axle does not exceed 21,000 pounds. No permit may be issued for this type of movement upon an interstate highway. (Feb. 23, 1996, P.L.21, No.8, eff. 60 days; Nov. 29, 2006, P.L.1449, No.159, eff. 60 days) Cross References. Section 4976 is referred to in sections 1943, 4962 of this title.
75 Pa.C.S. § 1914 — PA Code / Title 75 / Chapter 19 / Section 1914
Motorcycles.
Status: in_force

The annual fee for registration of a motorcycle other than a motor-driven cycle shall be $18. (Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997) 1997 Amendment. See section 20 of Act 3 in the appendix to this title for special provisions relating to additional revenue from fee increases. Cross References. Section 1914 is referred to in section 9511.11 of this title.
75 Pa.C.S. § 1369 — PA Code / Title 75 / Chapter 13 / Section 1369
Special plates for recipients of Distinguished Service Cross, Distinguished Flying Cross, Navy Cross or Air Force Cross.
Status: in_force

Upon application of any person who is a recipient of the Distinguished Service Cross, Distinguished Flying Cross, Navy Cross or Air Force Cross, accompanied by a fee of $10 which shall be 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 recipient of the Distinguished Service Cross, Distinguished Flying Cross, Navy Cross or Air Force Cross. 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. (July 5, 2012, P.L.960, No.103, eff. 120 days) 2012 Amendment. Act 103 added section 1369. Cross References. Section 1369 is referred to in section 1333 of this title.
75 Pa.C.S. § 3116 — PA Code / Title 75 / Chapter 31 / Section 3116
Automated red light enforcement systems in first class cities.
Status: in_force

(a) General rule.--

(1) A city of the first class, upon passage of an ordinance, is authorized to enforce section 3112(a)(3) (relating to traffic-control signals) by recording violations using an automated red light enforcement system approved by the department.

(2) This section shall only be applicable at intersections in the city of the first class agreed upon by the system administrator and the Secretary of Transportation who shall consider using the automated red light enforcement system at the following intersections:

(i) U.S. Route 1 (Roosevelt Boulevard) at Grant Avenue, at Red Lion Road and at Cottman Street.

(ii) Kensington Avenue at Clearfield Street.

(iii) Richmond Street at Allegheny Avenue and at Castor Avenue.

(iv) Aramingo Avenue at York Street.

(v) Thompson Street at Lehigh Avenue.

(vi) Broad Street at Washington Avenue.

(b) Owner liability.--For each violation pursuant to this section, the owner of the vehicle shall be liable for the penalty imposed unless the owner is convicted of the same violation under another section of this title or has a defense under subsection (f).

(c) Certificate as evidence.--A certificate, or a facsimile of a certificate, based upon inspection of recorded images produced by an automated red light enforcement system and sworn to or affirmed by a police officer employed by the city of the first class shall be prima facie evidence of the facts contained in it. The city must include written documentation that the automated red light enforcement system was operating correctly at the time of the alleged violation. A recorded image evidencing a violation of section 3112(a)(3) shall be admissible in any judicial or administrative proceeding to adjudicate the liability for the violation.

(d) Penalty.--

(1) The penalty for a violation under subsection (a) shall be a fine of $100 unless a lesser amount is set by ordinance.

(2) A fine is not authorized for a violation of this section if any of the following apply:

(i) The intersection is being manually controlled.

(ii) The signal is in the mode described in section 3114 (relating to flashing signals).

(3) A fine is not authorized during:

(i) The first 120 days of operation of the automated system at the initial intersection.

(ii) The first 45 days for each additional intersection selected for the automated system.

(3.1) A warning may be sent to the violator under paragraph (3).

(4) A penalty imposed under this section shall not be deemed a criminal conviction and shall not be made part of the operating record under section 1535 (relating to schedule of convictions and points) of the individual upon whom the penalty is imposed, nor may the imposition of the penalty be subject to merit rating for insurance purposes.

(5) No surcharge points may be imposed in the provision of motor vehicle insurance coverage. Fines collected under this section shall not be subject to 42 Pa.C.S. § 3571 (relating to Commonwealth portion of fines, etc.) or 3573 (relating to municipal corporation portion of fines, etc.).

(e) Limitations.--

(1) No automated red light enforcement system shall be utilized in such a manner as to take a frontal view recorded image of the vehicle as evidence of having committed a violation.

(2) Notwithstanding any other provision of law, camera equipment deployed as part of an automated red light enforcement system as provided in this section must be incapable of automated or user-controlled remote intersection surveillance by means of recorded video images. Recorded images collected as part of the automated red light enforcement system must only record traffic violations and may not be used for any other surveillance purposes. The restrictions set forth in this paragraph shall not be deemed to preclude a court of competent jurisdiction from issuing an order directing that the information be provided to law enforcement officials if the information is reasonably described and is requested solely in connection with a criminal law enforcement action.

(3) Notwithstanding any other provision of law, information prepared under this section and information relating to violations under this section which is kept by the city of the first class, its authorized agents or its employees, including recorded images, written records, reports or facsimiles, names, addresses and the number of violations under this section, shall be for the exclusive use of the city, its authorized agents, its employees and law enforcement officials for the purpose of discharging their duties under this section and under any ordinances and resolutions of the city. The information shall not be deemed a public record under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. The information shall not be discoverable by court order or otherwise, nor shall it be offered in evidence in any action or proceeding which is not directly related to a violation of this section or any ordinance or resolution of the city. The restrictions

set forth in this paragraph shall not be deemed to preclude a court of competent jurisdiction from issuing an order directing that the information be provided to law enforcement officials if the information is reasonably described and is requested solely in connection with a criminal law enforcement action.

(4) Recorded images obtained through the use of automated red light enforcement systems deployed as a means of promoting traffic safety in a city of the first class shall be destroyed within one year of final disposition of any recorded event. The city shall file notice with the Department of State that the records have been destroyed in accordance with this section.

(5) Notwithstanding any other provision of law, registered vehicle owner information obtained as a result of the operation of an automated red light enforcement system under this section shall not be the property of the manufacturer or vendor of the automated red light enforcement system and may not be used for any purpose other than prescribed in this section.

(f) Defenses.--

(1) It shall be a defense to a violation under this section that the person named in the notice of the violation was not operating the vehicle at the time of the violation. The owner may be required to submit evidence that the owner was not the driver at the time of the alleged violation. The city of the first class may not require the owner of the vehicle to disclose the identity of the operator of the vehicle at the time of the violation.

(2) If an owner receives a notice of violation pursuant to this section of a time period during which the vehicle was reported to a police department of any state or municipality as having been stolen, it shall be a defense to a violation pursuant to this section that the vehicle has been reported to a police department as stolen prior to the time the violation occurred and had not been recovered prior to that time.

(3) It shall be a defense to a violation under this section that the person receiving the notice of violation was not the owner of the vehicle at the time of the offense.

(g) Department approval.--No automated red light enforcement system may be used without the approval of the department, which shall have the authority to promulgate regulations for the certification and use of such systems.

(h) Duty of city.--If a city of the first class elects to implement this section, the following provisions shall apply:

(1) The city may not use an automated red light enforcement system unless there is posted an appropriate sign in a conspicuous place before the area in which the automated red light enforcement device is to be used notifying the public that an automated red light enforcement device is in use immediately ahead.

(2) The city shall designate or appoint the Philadelphia Parking Authority as the system administrator to supervise and coordinate the administration of notices of violation issued under this section.

(3) The system administrator shall prepare a notice of violation to the registered owner of a vehicle identified in a recorded image produced by an automated red light enforcement system as evidence of a violation of section 3112(a)(3). The issuance of the notice of violation must be done by a police officer employed by the police department

with primary jurisdiction over the area where the violation occurred. The notice of violation shall have attached to it a copy of the recorded image showing the vehicle; the registration number and state of issuance of the vehicle registration; the date, time and place of the alleged violation; that the violation charged is under section 3112(a)(3); and instructions for return of the notice of violation. The text of the notice must be as follows: This notice shall be returned personally, by mail or by an agent duly authorized in writing, within 30 days of issuance. A hearing may be obtained upon the written request of the registered owner.

(i) System administrator.--

(1) The system administrator may hire and designate personnel as necessary or contract for services to implement this section.

(2) The system administrator shall process fines issued pursuant to this section.

(3) The system administrator shall submit an annual report to the chairman and the minority chairman of the Transportation Committee of the Senate and the chairman and minority chairman of the Transportation Committee of the House of Representatives. The report shall be considered a public record under the Right-to-Know Law and include for the prior year:

(i) The number of violations and fines issued.

(ii) A compilation of fines paid and outstanding.

(iii) The amount of money paid to a vendor or manufacturer under this section.

(j) Notice to owner.--In the case of a violation involving a motor vehicle registered under the laws of this Commonwealth, the notice of violation must be mailed within 30 days after the commission of the violation or within 30 days after the discovery of the identity of the registered owner, whichever is later, and not thereafter to the address of the registered owner as listed in the records of the department. In the case of motor vehicles registered in jurisdictions other than this Commonwealth, the notice of violation must be mailed within 30 days after the discovery of the identity of the registered owner, and not thereafter to the address of the registered owner as listed in the records of the official in the jurisdiction having charge of the registration of the vehicle. A notice of violation under this section must be provided to an owner within 90 days of the commission of the offense.

(k) Mailing of notice and records.--Notice of violation must be sent by first class mail. A manual or automatic record of mailing prepared by the system administrator in the ordinary course of business shall be prima facie evidence of mailing and shall be admissible in any judicial or administrative proceeding as to the facts contained in it.

(l) Payment of fine.--

(1) An owner to whom a notice of violation has been issued may admit responsibility for the violation and pay the fine provided in the notice.

(2) Payment must be made personally, through an authorized agent, electronically or by mailing both payment and the notice of violation to the system administrator. Payment by mail must be made only by money order, credit card or check made payable to the system administrator. The system administrator shall remit the fine, less the system administrator's operation and maintenance costs necessitated by this section, to the department for deposit into a

restricted receipts account in the Motor License Fund. Fines deposited in the fund under this paragraph shall be used by the department to develop, by regulation, a Transportation Enhancements Grant Program. The department shall award transportation enhancement grants on a competitive basis. The department may pay any actual administrative costs arising from its administration of this section. The department may not reserve, designate or set aside any specific level of funds or percentage of funds to an applicant prior to the completion of the application process, nor may the department designate a set percentage of funds to an applicant. Grants shall be awarded by the department based on the majority vote of a selection committee consisting of four representatives, with the secretary or his designee serving as chairman, of the department appointed by the secretary and four members appointed by the mayor of the city of the first class. Priority shall be given to applications seeking grant funds for transportation enhancements in the municipality where the automated red light camera system is operated.

(3) Payment of the established fine and applicable penalties shall operate as a final disposition of the case.

(m) Hearing.--

(1) An owner to whom a notice of violation has been issued may, within 30 days of the mailing of the notice, request a hearing to contest the liability alleged in the notice. A hearing request must be made by appearing before the system administrator during regular office hours either personally or by an authorized agent or by mailing a request in writing.

(2) Upon receipt of a hearing request, the system administrator shall in a timely manner schedule the matter before a hearing officer. The hearing officer shall be designated by the city of the first class. Written notice of the date, time and place of hearing must be sent by first class mail to the owner.

(3) The hearing shall be informal; the rules of evidence shall not apply; and the decision of the hearing officer shall be final, subject to the right of the owner to appeal the decision to the traffic court.

(4) If the owner requests in writing that the decision of the hearing officer be appealed to the traffic court, the system administrator shall file the notice of violation and supporting documents with the traffic court, which shall hear and decide the matter de novo.

(n) Compensation to manufacturer or vendor.--If a city of the first class has established an automated red light enforcement system deployed as a means of promoting traffic safety and the enforcement of the traffic laws of this Commonwealth or the city, the compensation paid to the manufacturer or vendor of the automated red light enforcement system may not be based upon the number of traffic citations issued or a portion or percentage of the fine generated by the citations. The compensation paid to the manufacturer or vendor of the equipment shall be based upon the value of the equipment and the services provided or rendered in support of the automated red light enforcement system.

(o) Duration of yellow light change interval.--The duration of the yellow light change interval at intersections where automated red light enforcement systems are in use shall conform to the yellow light change interval duration specified on the

traffic signal permit issued by the department or the first class city.

(p) Revenue limitation.--A city of the first class may not collect an amount equal to or greater than 5% of its annual budget from the collection of revenue from the issuance and payment of violations under this section.

(q) Expiration.--This section shall expire July 15, 2027. (Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; Feb. 9, 2004, P.L.65, No.8; July 14, 2005, P.L.285, No.50, eff. 60 days; Dec. 18, 2007, P.L.436, No.67, eff. imd.; Dec. 22, 2011, P.L.596, No.129, eff. imd.; July 2, 2012, P.L.735, No.84, eff. imd.; July 20, 2016, P.L.861, No.101, eff. 60 days) 2016 Amendment. Act 101 amended subsec. (q). 2012 Amendment. Act 84 reenacted and amended section 3116. References in Text. The Traffic Court of Philadelphia, referred to in subsec. (m)(3) and (4), was abolished by Joint Resolution No.2 of 2016. Cross References. Section 3116 is referred to in sections 1332, 3117, 3369, 3370, 3371, 9023 of this title.
75 Pa.C.S. § 6103 — PA Code / Title 75 / Chapter 61 / Section 6103
Promulgation of rules and regulations by department.
Status: in_force

(a) General rule.--In addition to the specific powers granted to the department by this title to promulgate rules and regulations, the department shall have the power in accordance with the provisions of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, to promulgate, consistent with and in furtherance of this title,

rules and regulations in accordance with which the department shall carry out its responsibilities and duties under this title.

(b) Legislative approval of mass transit inspection regulations.--(Repealed).

(c) Adoption of Federal statute, regulation, standard or criteria.--The department shall be authorized to adopt by reference any Federal statute, regulation, standard or criteria or provision thereof relating to vehicles or drivers, including, but not limited to, minimum driver qualifications, maximum hours of service, loading, unloading, hazardous materials, operation, equipment, records and inspection.

(1) The department shall be authorized to extend the coverage of any Federal statute, regulation, standard or criteria adopted under this subsection to vehicles and drivers operating only in intrastate commerce, except as follows:

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(iii) No Federal statute, regulation, standard or criteria shall be extended to cover farm tractors or drivers of farm tractors, regardless of whether the farm tractor is operated as a combination.

(iv) No Federal statute, regulation, standard or criteria shall be extended to cover implements of husbandry other than farm tractors, farm vehicles or drivers of these vehicles, regardless of whether the vehicle is operated as a combination, provided that:

(A) the vehicle's or combination's gross weight, gross vehicle weight rating or gross combination weight rating does not equal or exceed 26,001 pounds;

(B) the vehicle or combination is not carrying hazardous materials in an amount that requires the towing or towed vehicle to be placarded under Chapter 83 (relating to hazardous materials transportation); and

(C) the vehicle or combination is not designed or used to transport 16 or more people, including the driver.

(v) For purposes of subparagraphs (iii) and (iv), the term "farm tractors" includes tractors designed for off-road agricultural use, combines, crop pickers, crop and forage harvesters, threshers, plows, tillers, planters, seeders, field sprayers, forage cutters, balers and similar vehicles that are infrequently operated or moved upon highways and that are used by a farmer in agricultural production.

(vi) No Federal statute, regulation, standard or criteria shall be extended to cover a motor vehicle transporting property along a highway in this Commonwealth, regardless of whether the motor vehicle is operated as a combination, provided that all of the following criteria are met:

(A) the vehicle's or combination's gross weight, gross vehicle weight rating or gross combination weight rating does not equal or exceed 26,001 pounds;

(B) the vehicle or combination is not carrying hazardous materials in an amount that requires the towing or towed vehicle to be placarded under Chapter 83;

(C) the vehicle or combination is not designed or used to transport 16 or more people, including the driver; and

(D) the motor vehicle or combination is being used to transport property, including a vehicle, to or from an amateur competitive event, regardless of whether the motor vehicle or combination owner is sponsored for participation in the amateur competitive event.

(2) The regulations promulgated by the department under paragraph (1) may be modified, but shall, to the maximum extent possible, be consistent with safety and correspond to Federal regulations, standards or criteria.

(3) The regulations promulgated by the department under paragraph (1) shall not cause the forfeiture or withholding of Federal funding. If a regulation promulgated under paragraph (1) results in a forfeiture or withholding of Federal funding, the regulation shall be void, and the department shall publish notice of the voided regulation in the Pennsylvania Bulletin.

(d) Modification of Federal statute, regulation, standard or criteria.--If any Federal statute, regulation, standard or criteria adopted by the department is amended or modified by the Federal Government, the amendment or modification shall have the effect of so amending or modifying the department's regulations. The amendment or modification shall take effect 60 days after the effective date of the Federal amendment or modification unless the department publishes a notice in the Pennsylvania Bulletin stating that the amendment or modification shall not take effect.

(e) Additional penalties.--

(1) In addition to any other penalty provided by law, the department may promulgate regulations providing for the suspension of the operating privilege, vehicle registration and fleet inspection privilege of:

(i) Any person who fails to pay any fee, charge or fine levied under this title.

(ii) Any person the department finds has repeatedly operated or caused or permitted the operation of motor carrier vehicles or buses placed out of service under section 4704(c) (relating to inspection by police or Commonwealth personnel).

(2) Except in the case of a person having been convicted of a violation, the department shall provide the opportunity for a hearing prior to imposing a suspension. The department shall be authorized to charge an administrative fee, based on department costs, if the person requests a hearing.

(f) Definition.--As used in this section, the term "amateur competitive event" shall mean a competition, tournament or athletic event, including motorsports, where the competitors' participation is not the result of an employment contract that requires participation in the competitive event, notwithstanding the receipt of prize money or sponsorship. (June 18, 1980, P.L.223, No.67, eff. imd.; June 25, 1982, P.L.633, No.181, eff. Jan. 1, 1983; June 19, 1985, P.L.49, No.20, eff. 60 days; June 19, 2001, P.L.281, No.21, eff. imd.; Nov. 26, 2008, P.L.1658, No.133, eff. 60 days; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; July 11, 2022, P.L.1591, No.91, eff. 60 days) 2022 Amendment. Act 91 amended subsec. (c)(1) and added subsec. (f).

2010 Amendment. Act 81 amended subsec. (c). The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael C. Weigand Law. 2001 Amendment. Act 21 amended subsecs. (c) and (d). 1985 Amendment. Act 20 added subsecs. (c), (d) and (e). 1982 Repeal. Act 181 repealed subsec. (b). Cross References. Section 6103 is referred to in sections 1603, 3716, 4107 of this title.
75 Pa.C.S. § 4923 — PA Code / Title 75 / Chapter 49 / Section 4923
Length of vehicles.
Status: in_force

(a) Motor vehicles.--

(1) Except as provided in paragraph (2), no motor vehicle, including any load and bumpers, shall exceed an overall length of 40 feet.

(2) Paragraph (1) does not apply to the following:

(i) A motor vehicle equipped with a boom or boomlike device if the vehicle does not exceed 55 feet.

(ii) A bus, school bus or motor home which does not exceed 45 feet.

(iii) An articulated bus which does not exceed 63 feet.

(iv) An automobile or boat transporter which does not exceed 45 feet, exclusive of an overhang of not more than three feet on the front and four feet on the rear. An automobile transporter shall not be prohibited from the transport of cargo or general freight on a backhaul if the automobile transporter complies with the weight limitations for a motor vehicle.

(b) Excluded devices.--Devices listed in and meeting the requirements of 23 CFR Pt. 658 Appendix D (relating to devices

that are excluded from measurement of the length or width of a commercial motor vehicle) are excluded from measurement of the length of a motor vehicle.

(b.1) Combinations.--

(1) The length of a single trailer being towed by a truck or truck tractor shall not exceed 53 feet. Truck or truck tractors towing trailers equipped with a kingpin shall not be operated when the distance between the kingpin and the center line of the rear axle or rear axle group exceeds 41 feet or, in the case of a trailer used exclusively or primarily to transport vehicles in connection with motor sports competition events, does not exceed 46 feet.

(2) For a double trailer, the length of each trailer being towed in combination by a truck tractor shall not exceed 28 1/2 feet.

(3) The overall length of the combination of a truck tractor with a conventional fifth wheel and an auto or boat transporter shall not exceed 65 feet, exclusive of an overhang of not more than three feet on the front and four feet on the rear of the combination.

(4) The overall length of a stinger-steered auto or boat transporter combination shall not exceed 80 feet, exclusive of an overhang of not more than four feet on the front and six feet on the rear of the combination. A stinger-steered automobile transporter shall not be prohibited from the transport of cargo or general freight on a backhaul if the stinger-steered automobile transporter complies with the weight limitations for a truck tractor and semitrailer combination.

(5) The overall length of a saddle-mount combination shall not exceed 75 feet.

(6) The overall length of a maxi-cube combination shall not exceed 65 feet.

(7) A combination consisting of any tow truck towing a disabled motor vehicle to a place of repairs or other place of safety.

(8) A combination transporting articles that, themselves, do not exceed 70 feet in length and are nondivisible as to length.

(9) The overall length of a towaway trailer transporter combination shall not exceed 82 feet.

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

"Automobile or boat transporter." A truck of a total length not greater than 45 feet, exclusive of an overhang of not more than three feet on the front and four feet on the rear of the vehicle configured by the manufacturer to haul either automobiles, light trucks or boats.

"Towaway trailer transporter combination." As follows:

(1) a combination of vehicles consisting of a trailer transporter towing unit and two trailers or semitrailers with a total weight that does not exceed 26,000 pounds; and

(2) the trailers or semitrailers carry no property and constitute inventory property of a manufacturer, distributor or dealer of the trailers or semitrailers.

"Trailer transporter towing unit." A power unit that is not used to carry property when operating in a towaway trailer transporter combination. (June 6, 1979, P.L.39, No.12, eff. imd.; June 18, 1980, P.L.229, No.68, eff. 60 days; July 1, 1981, P.L.197, No.60, eff. imd.; July 7, 1983, P.L.32, No.19, eff. imd.; Dec. 11, 1986, P.L.1530,

No.166, eff. 60 days; Feb. 10, 1994, P.L.10, No.2, eff. imd.; Apr. 17, 1997, P.L.6, No.3, eff. 60 days; June 22, 2001, P.L.559, No.37, eff. imd.; Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Nov. 30, 2004, P.L.1667, No.211, eff. 60 days; Oct. 24, 2012, P.L.1407, No.174, eff. 60 days; June 30, 2014, P.L.814, No.85, eff. 60 days; July 20, 2017, P.L.342, No.31, eff. 60 days; June 12, 2018, P.L.204, No.31, eff. 180 days) 2018 Amendment. Act 31 amended subsec. (b.1)(1) and added subsec. (b). 2017 Amendment. Act 31 amended subsecs. (a)(2), (b.1) and

(c). 2014 Amendment. Act 85 amended subsec. (a). 1983 Amendment. See section 7 of Act 19 in the appendix to this title for special provisions relating to expiration of amendments authorizing two trailers and long combinations. Cross References. Section 4923 is referred to in sections 4904, 4921, 4924 of this title.
75 Pa.C.S. § 1366.2 — PA Code / Title 75 / Chapter 13 / Section 1366.2
Blue Star Family plate.
Status: in_force

(a) General rule.--Upon application of a family member of a person who is an active duty service member in the military, including a reserve component or National Guard, accompanied by a fee of $23 which shall be in addition to the registration fee and by such documentation as the department shall require, the department shall issue to the family member a special registration plate designating the vehicle so licensed as belonging to a family member of a person serving on active duty in the military, including a reserve component or National Guard. The department shall design and produce the special registration plate carrying the Blue Star which signifies that a family member is an active duty service member, including a reserve component or National Guard. The words "Blue Star Family" shall be clearly displayed along the bottom of the plate. 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.

(b) Documentation required.--An applicant for a Blue Star Family plate shall certify on a form approved by the department that the applicant is a family member of a person who is an active duty service member in the military, including a reserve component or National Guard.

(c) Construction.--Nothing in this section shall be construed to require:

(1) A person issued a Blue Star Family plate to return the plate to the department if a family member no longer serves on active duty in the military, including a reserve component or National Guard.

(2) The department to periodically verify that a person issued a Blue Star Family plate has a family member serving on active duty in the military, including a reserve component or National Guard, after the initial issuance of the plate.

(d) Definition.--As used in this section, the term "family member" includes the following:

(1) Mother.

(2) Father.

(3) Stepmother.

(4) Stepfather.

(5) Mother through adoption.

(6) Father through adoption.

(7) Foster mother in loco parentis.

(8) Foster father in loco parentis.

(9) Son.

(10) Daughter.

(11) Stepson.

(12) Stepdaughter.

(13) Son by adoption.

(14) Daughter by adoption.

(15) Brother.

(16) Sister.

(17) Half-brother.

(18) Half-sister.

(19) Grandfather.

(20) Grandmother.

(21) Spouse. (Nov. 3, 2022, P.L.1734, No.112, eff. 120 days) 2022 Amendment. Act 112 added section 1366.2. Cross References. Section 1366.2 is referred to in section 1333 of this title.
75 Pa.C.S. § 6121 — PA Code / Title 75 / Chapter 61 / Section 6121
Uniform system of traffic-control devices.
Status: in_force

The department shall publish a manual for a uniform system of traffic-control devices consistent with the provisions of this title for use upon highways within this Commonwealth. The uniform system shall correlate with and so far as possible conform to the system set forth in the most recent edition of the Manual on Uniform Traffic-Control Devices for Streets and Highways and other standards issued or endorsed by the Federal Highway Administrator, United States Department of Transportation.
75 Pa.C.S. § 8502 — PA Code / Title 75 / Chapter 85 / Section 8502
Highly automated vehicles.
Status: in_force

The department shall be the lead Commonwealth agency on highly automated vehicles.

(a) General rule.--(Deleted by amendment).

(b) Highly automated work zone vehicles.--(Deleted by amendment). (Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)
75 Pa.C.S. § 1925 — PA Code / Title 75 / Chapter 19 / Section 1925
Ambulances, taxis and hearses.
Status: in_force

The annual fee for registration of an ambulance, taxi or hearse shall be $77. (Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013, P.L.974, No.89, eff. July 1, 2014) 2013 Amendment. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations. 1997 Amendment. See section 20 of Act 3 in the appendix to this title for special provisions relating to additional revenue from fee increases. Cross References. Section 1925 is referred to in section 9511.11 of this title.
75 Pa.C.S. § 7111 — PA Code / Title 75 / Chapter 71 / Section 7111
Dealing in titles and plates for stolen vehicles.
Status: in_force

A person is guilty of a misdemeanor of the first degree if the person with fraudulent intent procures or attempts to procure a certificate of title or registration plate for a vehicle, or passes or attempts to pass a certificate of title or an assignment to a vehicle, knowing or having reason to believe that the vehicle has been stolen.

Cross References. Section 7111 is referred to in sections 1532, 1553 of this title.
75 Pa.C.S. § 9820 — PA Code / Title 75 / Chapter 98 / Section 9820
Special investigators; powers (Repealed).
Status: repealed

1995 Repeal. Section 9820 was repealed December 20, 1995, P.L.669, No.75, effective January 1, 1996.
75 Pa.C.S. § 1952 — PA Code / Title 75 / Chapter 19 / Section 1952
Certificate of title.
Status: in_force

(a) General rule.--The fee for issuance of a certificate of title shall be $50.

(b) Manufacturer's or dealer's notification.--The fee for a manufacturer's or dealer's notification of acquisition of a

vehicle from another manufacturer or dealer for resale pursuant to section 1113 (relating to transfer to or from manufacturer or dealer) shall be $5. (June 18, 1980, P.L.229, No.68, eff. 60 days; Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013, P.L.974, No.89, eff. Apr. 1, 2014)

Amendment. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations. 1997 Amendment. See section 20 of Act 3 in the appendix to this title for special provisions relating to additional revenue from fee increases. Cross References. Section 1952 is referred to in sections 1115, 1904, 9511.11 of this title.
75 Pa.C.S. § 3546 — PA Code / Title 75 / Chapter 35 / Section 3546
Driving through or around safety zone.
Status: in_force

(a) Through zones.--No vehicle shall at any time be driven through or within a safety zone.

(b) Around zones.--Traffic may move on either side of a safety zone unless prohibited from driving to the left of the zone by the installation of an official traffic-control device as provided in this title.
75 Pa.C.S. § 3117 — PA Code / Title 75 / Chapter 31 / Section 3117
Automated red light enforcement systems in certain municipalities.
Status: in_force

(a) General rule.--A municipality, upon passage of an ordinance, is authorized to enforce section 3112(a)(3) (relating to traffic-control signals) by recording violations using an automated red light enforcement system approved by the department.

(b) Applicability.--

(1) This section shall only be applicable at intersections in a municipality designated by the municipality with the approval of the secretary under the requirements of paragraph (2).

(2) No automated red light system shall be installed until the municipality provides notice to the department of the location of each intersection. After receiving notice and before the system may be installed, the department shall have 60 days to review each proposed intersection and to issue a recommendation to the municipality which shall include all of the following:

(i) A statement on whether the proposed intersection is an appropriate location for an automated red light enforcement system.

(ii) The data on which the department based the recommendation.

(3) No system shall be installed if the department does not issue a recommendation approving the location to the municipality.

(4) The department may identify the location of an alternate intersection in the municipality that it determines is appropriate for an automated red light enforcement system.

(c) Owner liability.--For each violation under this section, the owner of the vehicle shall be liable for the penalty imposed unless the owner is convicted of the same violation under another section of this title or has a defense under subsection

(g).

(d) Certificate as evidence.--A certificate, or a facsimile of a certificate, based upon inspection of recorded images produced by an automated red light enforcement system and sworn to or affirmed by a police officer employed by the municipality shall be prima facie evidence of the facts contained in it. The municipality must include a written statement that the automated

red light enforcement system was operating correctly at the time of the alleged violation. A recorded image evidencing a violation of section 3112(a)(3) shall be admissible in any judicial or administrative proceeding to adjudicate the liability for the violation.

(e) Penalty.--

(1) The penalty for a violation under subsection (a) shall be a fine of $100 unless a lesser amount is set by ordinance.

(2) A fine is not authorized for a violation of this section if any of the following apply:

(i) The intersection is being manually controlled.

(ii) The signal is in the mode described in section 3114 (relating to flashing signals).

(3) A fine is not authorized during any of the following:

(i) The first 60 days of operation of the automated system at the initial intersection.

(ii) The first 30 days for each additional intersection selected for the automated system.

(4) A warning may be sent to the violator under paragraph (3).

(5) A penalty imposed under this section shall not be deemed a criminal conviction and shall not be made part of the operating record under section 1535 (relating to schedule of convictions and points) of the individual upon whom the penalty is imposed, nor may the imposition of the penalty be subject to merit rating for insurance purposes.

(6) No surcharge points may be imposed in the provision of motor vehicle insurance coverage. Fines collected under this section shall not be subject to 42 Pa.C.S. § 3571 (relating to Commonwealth portion of fines, etc.) or 3573 (relating to municipal corporation portion of fines, etc.).

(f) Limitations.--

(1) No automated red light enforcement system shall be utilized in such a manner as to take a frontal view recorded image of the vehicle as evidence of having committed a violation.

(2) Notwithstanding any other provision of law, camera equipment deployed as part of an automated red light enforcement system as provided under this section must be incapable of automated or user-controlled remote intersection surveillance by means of recorded video images. Recorded images collected as part of the automated red light enforcement system may only record traffic violations and may not be used for any other surveillance purposes. The restrictions set forth under this paragraph shall not be deemed to preclude a court of competent jurisdiction from issuing an order directing that the information be provided to law enforcement officials if the information is reasonably described and is requested solely in connection with a criminal law enforcement action.

(3) Notwithstanding any other provision of law, information prepared under this section and information relating to violations under this section which is kept by the municipality, its authorized agents or employees, including recorded images, written records, reports or facsimiles, names and addresses, shall be for the exclusive use of the municipality, its authorized agents, its employees and law enforcement officials for the purpose of discharging their duties under this section and under any ordinances and resolutions of the municipality. The information shall not

be deemed a public record under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. The information shall not be discoverable by court order or otherwise, nor shall it be offered in evidence in any action or proceeding which is not directly related to a violation of this section or any ordinance or resolution of the municipality. The restrictions set forth under this paragraph shall not be deemed to preclude a court of competent jurisdiction from issuing an order directing that the information be provided to law enforcement officials if the information is reasonably described and is requested solely in connection with a criminal law enforcement action.

(4) Recorded images obtained through the use of automated red light enforcement systems deployed as a means of promoting traffic safety in a municipality shall be destroyed within 30 days following the final disposition of any recorded event. The municipality shall file notice with the Department of State that the records have been destroyed in accordance with this section.

(5) Notwithstanding any other provision of law, registered vehicle owner information obtained as a result of the operation of an automated red light enforcement system under this section shall not be the property of the manufacturer or vendor of the automated red light enforcement system and may not be used for any purpose other than prescribed in this section.

(g) Defenses.--

(1) It shall be a defense to a violation under this section that the person named in the notice of the violation was not operating the vehicle at the time of the violation. The owner may be required to submit evidence that the owner was not the driver at the time of the alleged violation. The municipality may not require the owner of the vehicle to disclose the identity of the operator of the vehicle at the time of the violation.

(2) If an owner receives a notice of violation under this section of a time period during which the vehicle was reported to a police department of any state or municipality as having been stolen, it shall be a defense to a violation under this section that the vehicle has been reported to a police department as stolen prior to the time the violation occurred and had not been recovered prior to that time.

(3) It shall be a defense to a violation under this section that the person receiving the notice of violation was not the owner or lessor of the vehicle at the time of the offense.

(h) Department approval.--No automated red light enforcement system may be used without the approval of the department, which shall have the authority to promulgate regulations for the certification and use of such systems.

(i) Duty of municipality.--If a municipality elects to implement this section, the following provisions shall apply:

(1) The municipality may not use an automated red light enforcement system unless an appropriate sign is posted in a conspicuous place before the area in which the automated red light enforcement device is to be used notifying the public that an automated red light enforcement device is in use immediately ahead.

(2) The municipality or its designee shall serve as the system administrator to supervise and coordinate the administration of notices of violations issued under this section.

(3) The following apply:

(i) The system administrator shall prepare a notice of violation to the registered owner of a vehicle identified in a recorded image produced by an automated red light enforcement system as evidence of a violation of section 3112(a)(3). The issuance of the notice of violation must be done by a police officer employed by the police department with primary jurisdiction over the area where the violation occurred. The notice of violation must have attached to it all of the following:

(A) A copy of the recorded image showing the vehicle.

(B) The registration number and state of issuance of the vehicle registration.

(C) The date, time and place of the alleged violation.

(D) Notice that the violation charged is under section 3112(a)(3).

(E) Instructions for return of the notice of violation.

(ii) The text of the notice must be as follows: This notice shall be returned personally, by mail or by an agent duly authorized in writing, within 30 days of issuance. A hearing may be obtained upon the written request of the registered owner.

(j) System administrator.--

(1) The system administrator may hire and designate personnel as necessary or contract for services to implement this section.

(2) The system administrator shall process fines issued under this section.

(3) The system administrator shall submit an annual report to the chairman and minority chairman of the Transportation Committee of the Senate and the chairman and minority chairman of the Transportation Committee of the House of Representatives. The report shall be considered a public record under the Right-to-Know Law and include for the prior year:

(i) The number of violations and fines issued.

(ii) A compilation of fines paid and outstanding.

(iii) The amount of money paid to a vendor or manufacturer under this section.

(k) Notice to owner.--In the case of a violation involving a motor vehicle registered under the laws of this Commonwealth, the notice of violation must be mailed within 30 days after the commission of the violation or within 30 days after the discovery of the identity of the registered owner, whichever is later, to the address of the registered owner as listed in the records of the department. In the case of motor vehicles registered in jurisdictions other than this Commonwealth, the notice of violation must be mailed within 30 days after the discovery of the identity of the registered owner to the address of the registered owner as listed in the records of the official in the jurisdiction having charge of the registration of the vehicle. A notice of violation under this section must be provided to an owner within 90 days of the commission of the offense.

(l) Mailing of notice and records.--Notice of violation must be sent by first class mail. A manual or automatic record of mailing prepared by the system administrator in the ordinary course of business shall be prima facie evidence of mailing and

shall be admissible in any judicial or administrative proceeding as to the facts contained in it.

(m) Payment of fine.--

(1) An owner to whom a notice of violation has been issued may admit responsibility for the violation and pay the fine provided in the notice.

(2) Except as provided in paragraph (2.1), payment must be made personally, through an authorized agent, electronically or by mailing both payment and the notice of violation to the system administrator. Payment by mail must be made only by money order, credit card or check made payable to the system administrator. The system administrator shall remit the fine, less the system administrator's operation and maintenance costs necessitated under this section, to the department for deposit into a restricted receipts account in the Motor License Fund. Fines deposited in the fund under this paragraph shall be used by the department for a Transportation Enhancements Grant Program. The department shall award transportation enhancement grants on a competitive basis subject to a selection committee established by the secretary. The department may pay any actual administrative costs arising from its administration of this section. The department may not reserve, designate or set aside any specific level of funds or percentage of funds to an applicant prior to the completion of the application process, nor may the department designate a set percentage of funds to an applicant. Priority shall be given to applications seeking grant funds for transportation enhancements in the municipality where the automated red light camera system is operated.

(2.1) In a city of the second class, payment must be made personally, through an authorized agent, electronically or by mailing both payment and the notice of violation to the system administrator. Payment by mail must be made only by money order, credit card or check payable to the system administrator. The system administrator shall remit the fine, less the system's operation and maintenance costs necessitated under this section, to the department for deposit into a restricted receipts account in the Motor License Fund. Fines deposited in the fund under this paragraph shall be used by the department for a Transportation Enhancement Grants Program. The department shall award transportation enhancement grants on a competitive basis. The department may pay any actual administrative costs arising from its administration of this section. The department may not reserve, designate or set aside any specific level of funds or percentage of funds to an applicant prior to the completion of the application process, nor may the department designate a set percentage of funds to an applicant. Grants shall be awarded by the department based on the majority vote of a selection committee consisting of four representatives of the department appointed by the secretary and four members appointed by the mayor of the city of the second class, with the secretary or his designee serving as chairman. Priority shall be given to applications seeking grant funds for transportation enhancements in the municipality where the automated red light camera system is operated.

(3) Payment of the established fine and applicable penalties shall operate as a final disposition of the case.

(n) Hearing.--

(1) An owner to whom a notice of violation has been issued may, within 30 days of the mailing of the notice, request a hearing to contest the liability alleged in the notice. A hearing request must be made by appearing before the system administrator during regular office hours either personally or by an authorized agent or by mailing a request in writing.

(2) Upon receipt of a hearing request, the system administrator shall in a timely manner schedule the matter before a hearing officer. The hearing officer shall be designated by the municipality. Written notice of the date, time and place of hearing must be sent by first class mail to the owner.

(3) The hearing shall be informal, the rules of evidence shall not apply and the decision of the hearing officer shall be final, subject to the right of the owner to appeal the decision to the magisterial district judge.

(4) If the owner requests in writing that the decision of the hearing officer be appealed to the magisterial district judge, the system administrator shall file the notice of violation and supporting documents with the magisterial district judge, who shall hear and decide the matter de novo.

(o) Compensation to manufacturer or vendor.--If a municipality has established an automated red light enforcement system deployed as a means of promoting traffic safety and the enforcement of the traffic laws of this Commonwealth or the municipality, the compensation paid to the manufacturer or vendor of the automated red light enforcement system may not be based upon the number of traffic citations issued or a portion or percentage of the fine generated by the citations. The compensation paid to the manufacturer or vendor of the equipment shall be based upon the value of the equipment and the services provided or rendered in support of the automated red light enforcement system.

(p) Duration of yellow light change interval.--The duration of the yellow light change interval at intersections where automated red light enforcement systems are in use shall conform to the yellow light change interval duration specified on the traffic signal permit issued by the department or municipality.

(q) Revenue limit.--A municipality may not collect an amount equal to or greater than 5% of its annual budget from the collection of revenue from the issuance and payment of violations under this section.

(r) Report.--The department shall conduct an evaluation of section 3116 (relating to automated red light enforcement systems in first class cities) and of any municipality that approved automated red light enforcement systems under this section. The evaluation shall include, but is not limited to, the effectiveness of automated red light enforcement systems in this Commonwealth and the conditions that should be present in order for a municipality to consider approving automated red light enforcement systems at intersections within the municipality based on the class and size of the municipality, the average daily traffic, the number of collisions and fatalities, the collection of fines, the revenue limit and the allocation of revenue received. The department shall complete the evaluation by June 1, 2017, and provide a copy to the chairperson of the Transportation Committee of the Senate and the chairperson of the Transportation Committee of the House of Representatives.

(s) Expiration.--This section shall expire July 15, 2027.

(t) Definitions.--As used in this section:

(1) The term "designee" shall include a person, business entity or governmental entity, including the department.

(2) The term "municipality" means:

(i) A city, borough or township with a population under the 2010 Federal Decennial Census exceeding 20,000 with a police agency accredited by the Pennsylvania Chiefs of Police Association in a county of the second class A.

(ii) A city, borough or township with a population under the 2010 Federal Decennial Census exceeding 20,000 with a police agency accredited by the Pennsylvania Chiefs of Police Association in a county of the third class with a population between 490,000 and 510,000.

(iii) A city of the second class. (July 2, 2012, P.L.735, No.84, eff. 90 days; July 20, 2016, P.L.861, No.101, eff. 60 days) 2016 Amendment. Act 101 added subsec. (r), amended and relettered former subsec. (r) to subsec. (s) and relettered former subsec. (s) to subsec. (t). 2012 Amendment. Act 84 added section 3117. Cross References. Section 3117 is referred to in sections 1332, 9023 of this title.
75 Pa.C.S. § 9006 — PA Code / Title 75 / Chapter 90 / Section 9006
Distributor's report and payment of tax.
Status: in_force

(a) Monthly report.--For the purpose of ascertaining the amount of tax payable under this chapter, the distributor, on or before the 20th day of each month, shall transmit to the department on a form prescribed by the department a report, under oath or affirmation, of the liquid fuels and fuels used or delivered by that distributor within this Commonwealth during the preceding month. The report shall show the number of gallons of liquid fuels and fuels used or delivered within this Commonwealth during the period for which that report is made and any further information that the department prescribes. A distributor having more than one place of business within this Commonwealth shall combine in each report the use or delivery of liquid fuels and fuels at all such separate places of business.

(b) Computation and payment of tax.--

(1) The distributor, at the time of making the report under subsection (a), shall compute and pay to the department the tax due to the Commonwealth on liquid fuels and fuels used or sold and delivered by that distributor during the preceding month, less a discount, if the report is filed and the tax paid on time, computed as follows:

(i) 2%, if the tax amounts to $50,000 or less;

(ii) 1.5%, on tax in excess of $50,000 and not exceeding $75,000;

(iii) 1%, on tax in excess $75,000 and not exceeding $100,000; and

(iv) .5%, on tax in excess of $100,000.

(2) The discount under paragraph (1) shall not be computed on any tax imposed and remitted with respect to the oil company franchise tax imposed under sections 9004(b) (relating to imposition of tax, exemptions and deductions) and 9502 (relating to imposition of tax), except with respect to the oil company franchise tax imposed under section 9502(a)(5).

(c) Due dates.--The amount of all taxes imposed under the provisions of this chapter for each month shall be due and payable on the 20th day of the next succeeding month. Taxes due shall bear interest at the rate of 1% per month or fractional part of a month from the date they are due and payable until paid.

(d) Additional penalty.--If a distributor neglects or refuses to make any report and payment as required, an additional 10% of the amount of the tax due shall be added by the department and collected as provided. In addition to the added penalty, the permit of the distributor may be suspended or revoked by the department. (Nov. 25, 2013, P.L.974, No.89, eff. Jan. 1, 2014)

Amendment. Act 89 amended subsec. (b)(2). See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.
75 Pa.C.S. § 1919 — PA Code / Title 75 / Chapter 19 / Section 1919
Reduced combustion vehicles (Expired).
Status: reserved

1996 Expiration. Section 1919 expired December 31, 1996. See Act 139 of 1992.
75 Pa.C.S. § 9604 — PA Code / Title 75 / Chapter 96 / Section 9604
Credit for motor fuel tax payment.
Status: in_force

(a) General rule.--Every motor carrier subject to the tax imposed under this chapter shall be entitled to a credit on the tax, equivalent to the rate per gallon of the Pennsylvania tax which is currently in effect, on all gasoline or other motor fuel purchased by the carrier within this Commonwealth for use in its operation either within or without this Commonwealth and upon which gasoline or other motor fuel the tax imposed by the laws of this Commonwealth has been paid by such carrier.

Evidence of the payment of the tax in such form as may be required by, or is satisfactory to, the department shall be furnished by each carrier claiming the credit. When the amount of the credit to which any motor carrier is entitled for any quarter exceeds the amount of the tax for which the carrier is liable for the same quarter, such excess shall, upon application and under regulations of the department, be allowed as a credit on the tax for which the carrier would be otherwise liable for any of the eight succeeding quarters; or, upon application to the department within the time that records are required to be maintained from the end of any quarter, duly verified and presented, in accordance with regulations promulgated by the department and supported by such evidence as may be satisfactory to the department, such excess shall be refunded if it shall appear that the applicant has paid to another state under a lawful requirement of such state a tax, similar in effect to the tax provided in this chapter, on the use or consumption in that state of gasoline or other motor fuel purchased in this Commonwealth.

(b) Refund procedure.--If the department shall refuse to allow a refund in the amount claimed by the applicant, the applicant may within 30 days of the mailing date of the notice of such refusal request a formal hearing on the application for a refund. The hearing shall be held after written notice to the applicant of not less than 20 days. Whenever any refund is ordered, it shall be paid out of the Motor License Fund. As much of the moneys received as payment of the tax, interest and penalties under this chapter as shall be necessary for the payment of the refunds provided for in this chapter is hereby appropriated for the payment of such refunds. No tax, interest, penalty or fee received or derived from any other tax imposed by the laws of this Commonwealth shall be used to pay any refund or credit due and payable under the provisions of this chapter. (Dec. 20, 1995, P.L.669, No.75, eff. Jan. 1, 1996) Cross References. Section 9604 is referred to in section 9611 of this title.
75 Pa.C.S. § 1553 — PA Code / Title 75 / Chapter 15 / Section 1553
Occupational limited license.
Status: in_force

(a) Issuance.--

(1) The department shall issue an occupational limited license under the provisions of this section to a driver whose operating privileges have been suspended for a violation of this title, except for an offense under section 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 for a refusal to submit to chemical testing under section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance), and is not prohibited under any other provision in this section. If the underlying reason for the suspension was caused by violations committed while the driver was operating a commercial motor vehicle, the driver shall not be issued an occupational limited license for the purpose of operating a commercial motor vehicle. The department shall prohibit the issuance of an occupational limited license when disqualified from doing so under the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570, 49 U.S.C. App. § 2701 et seq.) or the Motor Carrier Safety Improvement Act of 1999 (Public Law 106-159, 113 Stat. 1748).

(2) The department shall not issue an occupational limited license to drivers whose operating privileges have been recalled, canceled or revoked.

(b) Petition.--

(1) The applicant for an occupational limited license must file a petition with the department, by certified mail, setting forth in detail the need for operating a motor vehicle. The petition shall be on a form prescribed by the department and shall identify the specific motor vehicle or vehicles the petitioner seeks permission to operate. The petition shall include an explanation as to why the operation of a motor vehicle is essential to the petitioner's occupation, work, trade, treatment or study. The petition shall identify the petitioner's employer, educational institution or treatment facility, as appropriate, and shall include proof of financial responsibility covering all vehicles which the petitioner requests to be allowed to operate. The department shall promulgate regulations to require additional information as well as additional evidence to verify the information contained in the petition.

(2) The petitioner shall surrender his driver's license in accordance with section 1540 (relating to surrender of license). If the petitioner's driver's license has been lost or stolen, the petitioner shall submit an application for a replacement license, along with the proper fee. If the petitioner is a nonresident licensed driver, the petitioner shall submit an acknowledgment of suspension in lieu of a driver's license. If the petitioner's license has expired, the petitioner shall submit an application for renewal, along with the appropriate fee. All fines, costs and restoration fees must be paid at the time of petition.

(3) Consistent with the provisions of this section, the department shall issue an occupational limited license to the applicant within 20 days of receipt of the petition.

(4)

(i) A person whose operating privilege has been suspended for a conviction of section 1543 (relating to driving while operating privilege is suspended or revoked) may not petition for an occupational limited license unless department records show that the suspension for a conviction of section 1543 occurred only as the result of:

(A) a suspension for failure to respond to a citation imposed under the authority of section 1533 (relating to suspension of operating privilege for failure to respond to citation) or 6146 (relating to enforcement agreements);

(B) a suspension for failure to undergo a special examination imposed under the authority of section 1538(a) (relating to school, examination or hearing on accumulation of points or excessive speeding);

(C) a suspension for failure to attend a departmental hearing imposed under the authority of section 1538(b); or

(D) a suspension that occurred as a result of a violation of section 1772(b) (relating to suspension for nonpayment of judgments), 1774 (relating to payments sufficient to satisfy judgments) or 1775 (relating to installment payment of judgments).

(ii) The petition may not be filed until three months have been served for the suspension under section 1543(a).

(c) Fee.--The fee for applying for an occupational limited license shall be $65. This fee shall be nonrefundable and no other fee shall be required.

(d) Unauthorized issuance.--The department shall prohibit issuance of an occupational limited license to:

(1) A driver who is not licensed to drive by this or any other state.

(2) Any person who is required by this title to take an examination and who has failed to take and pass such an examination.

(3) Any person who has an unsatisfied judgment against him as the result of a motor vehicle operation, until such judgment has been satisfied under the provisions of section 1774 (relating to payments sufficient to satisfy judgments) or an installment agreement has been entered into to satisfy the judgment as permitted under section 1772(b) (relating to suspension for nonpayment of judgments) or 1775 (relating to installment payment of judgments) and the financial responsibility of such person has been established.

(4) Any person applying for an occupational limited license to operate a commercial motor vehicle whose commercial driver's license privilege is disqualified under the provisions of section 1611 (relating to disqualification).

(5) Any person who, at the time he applies for an occupational limited license, has previously been granted such a privilege within the period of five years next preceding such application.

(6) (Deleted by amendment).

(7) (Deleted by amendment).

(8) (Deleted by amendment).

(9) Except as set forth in subsection (d.3), any person whose operating privilege has been suspended for a violation of 18 Pa.C.S. § 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) unless the suspension imposed has been fully served.

(10)

(i) Except as provided under subparagraph (ii), any person whose operating privilege has been suspended pursuant to either former section 13(m) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or section 1532(c) (relating to suspension of operating privilege) unless the suspension imposed has been fully served.

(ii) Subparagraph (i) shall not apply to a person whose:

(A) operating privilege has been suspended pursuant to either:

(I) former section 13(m) of The Controlled Substance, Drug, Device and Cosmetic Act; or (II) section 1532(c) for a conviction of any offense involving the possession, sale, delivery, offering for sale, holding for sale or giving away of any controlled substance under the laws of the United States, this Commonwealth or any other state; and

(B) record of conviction, adjudication of delinquency or a granting of a consent decree was not sent to the department within the time period required under section 6323(1) (relating to reports by courts).

(11) Any person whose operating privilege has been suspended or revoked as the result of a conviction of or as a result of a court order in conjunction with an adjudication of delinquency or the granting of a consent decree for any

offense under the following provisions, unless the suspension or revocation has been fully served: Section 3345(a) (relating to meeting or overtaking school bus). Section 3367 (relating to racing on highways and trafficways). Any violation of Ch. 37 Subch. B (relating to serious traffic offenses) or C (relating to accidents and accident reports).

(12) Any person whose operating privilege is currently suspended for failure to respond to a citation pursuant to section 1533 or 6146.

(13) Any person whose operating privilege is currently suspended pursuant to section 1784 (relating to proof of financial responsibility following violation), 1785 (relating to proof of financial responsibility following accident) or 1786 (relating to required financial responsibility).

(14) Any person whose operating privilege is currently suspended for failure to attend and satisfactorily complete a driver improvement course or failure to attend a hearing required under section 1538.

(15) Any person whose operating privilege has been suspended for a conviction of section 1543 unless department records show that the suspension for a conviction of section 1543 occurred only as a result of:

(i) a suspension for failure to respond to a citation imposed under the authority of section 1533 or 6146;

(ii) a suspension for failure to undergo a special examination imposed under the authority of section 1538(a); or

(iii) a suspension for failure to attend a departmental hearing imposed under the authority of section 1538(b).

(16) Any person whose operating privilege has been suspended under an interjurisdictional agreement as provided for in section 6146 as the result of a conviction or adjudication if the conviction or adjudication for an equivalent offense in this Commonwealth would have prohibited the issuance of an occupational limited license.

(17) Any person whose operating privilege has been suspended as the result of a conviction of a violation of section 7102(b) (relating to removal or falsification of identification number), 7103(b) (relating to dealing in vehicles with removed or falsified numbers), 7111 (relating to dealing in titles and plates for stolen vehicles), 7121 (relating to false application for certificate of title or registration) or 7122 (relating to altered, forged or counterfeit documents and plates) unless the suspension has been fully served.

(18) Any person whose operating privilege has been suspended under section 1532 (a.1) for conviction or adjudication of delinquency based on a violation of section 3732 (relating to homicide by vehicle) or 3735 (relating to homicide by vehicle while driving under influence).

(d.1) Adjudication eligibility.--(Deleted by amendment).

(d.2) Suspension eligibility.--(Deleted by amendment).

(d.3) Suspension eligibility related to Title 18 violation.--An individual whose operating privilege has been suspended for a violation of 18 Pa.C.S. § 6308 shall be eligible for an occupational limited license unless the individual has previously violated 18 Pa.C.S. § 6308.

(e) Offenses committed during a period for which an occupational limited license has been issued.--Any driver who has been issued an occupational limited license and as to whom the department receives a report of conviction of an offense for which the penalty is a cancellation, disqualification, recall, suspension or revocation of operating privileges or a report under section 3815(c)(4) (relating to mandatory sentencing) shall have the occupational limited license recalled, and the driver shall surrender the limited license to the department or its agents designated under the authority of section 1540.

(f) Restrictions.--A driver who has been issued an occupational limited license shall observe the following:

(1) The driver shall operate a designated vehicle only:

(i) Between the driver's place of residence and place of employment or study and as necessary in the course of employment or conducting a business or pursuing a course of study where the operation of a motor vehicle is a requirement of employment or of conducting a business or of pursuing a course of study.

(ii) To and from a place for scheduled or emergency medical examination or treatment. This subparagraph includes treatment required under Chapter 38 (relating to driving after imbibing alcohol or utilizing drugs).

(2) A driver who has been issued an occupational limited license shall not operate a school bus.

(3) Any person who violates the conditions of issuance or restrictions of the occupational limited license commits a summary offense and shall, upon conviction, pay a fine of $200 and, upon receipt of a certified record of conviction, the department shall recall the limited license.

(4) The operating privilege of a driver who has been issued an occupational limited license remains under suspension or revocation except when operating a motor vehicle in accordance with the conditions of issuance or restrictions of the occupational limited license.

(5) A driver who has been issued an occupational limited license shall possess a completed occupational limited license affidavit on a form prescribed by the department at all times when operating a motor vehicle. The driver shall exhibit the completed form upon demand by a police officer. The affidavit shall indicate that the driver is operating the motor vehicle at a time and between places in accordance with the restrictions of paragraph (1). An occupational limited license affidavit shall contain information required by regulations which shall be promulgated by the department. The driver is not required to possess a completed occupational limited license affidavit when operating a motor vehicle to a location for emergency medical treatment.

(g) Changes in condition.--A driver who is granted an occupational limited license shall immediately inform the department in writing of any change in the conditions under which that driver applied for the occupational limited license. Upon failure to give prompt notice of any changes or if the conditions for the limited license no longer exist, the department shall recall the occupational limited license.

(h) Appeal from denial or recall of occupational limited license.--Any driver who is denied an occupational limited license or whose occupational limited license is recalled may file with the department a petition for a hearing. The hearing shall be conducted in accordance with Title 2 (relating to administrative law and procedure). The department may charge a

reasonable fee based on the cost to the department for conducting such a hearing. The appeal shall not operated as an automatic supersedeas. If an administrative hearing officer orders a supersedeas in any appeal, the petitioner shall earn no credit toward serving the suspension for which the petitioner was granted an occupational limited license. An appeal from a decision of an administrative hearing officer may be taken in the manner provided in 42 Pa.C.S. § 763(a) (relating to direct appeals from government agencies). Appeals under this subchapter are exempt from the provisions of section 1550(b) (relating to judicial review) and from the provisions of 42 Pa.C.S. § 933 (relating to appeals from government agencies). (May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; Dec. 7, 1994, P.L.820, No.115, eff. imd.; Dec. 12, 1994, P.L.1048, No.143, eff. 9 months; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Dec. 23, 2002, P.L.1982, No.229, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 25, 2013, P.L.974, No.89, eff. Jan. 1, 2014; Oct. 27, 2014, P.L.2905, No.189, eff. imd.; May 25, 2016, P.L.236, No.33, eff. 15 months; Oct. 16, 2024, P.L.992, No.103, eff. 11 months) 2024 Amendment. Act 103 amended subsec. (d)(11). 2016 Amendment. Act 33 amended subsec. (a)(1) and deleted subsecs. (d)(6), (7) and (8), (d.1) and (d.2). 2014 Amendment. Act 189 amended subsec. (d)(10). See section 3 of Act 189 in the appendix to this title for special provisions relating to retroactivity. 2013 Amendment. Act 89 amended subsec. (c). See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations. 2003 Amendment. Act 24 amended subsecs. (b)(1), (c), (d)(6),

(8) and (9), (e) and (f) and added subsecs. (d.1), (d.2) and

(d.3). See section 20(1) of Act 24 in the appendix to this title for special provisions relating to duties of Department of Transportation. 2002 Amendments. Act 123 amended subsecs. (b) and (d) and Act 229 amended subsecs. (a) and (d)(11). 1994 Amendments. Act 115 amended subsec. (d)(10) and Act 143 amended subsecs. (b), (d), (e) and (h). Act 143 overlooked the amendment by Act 115, but the amendments do not conflict in substance and have both been given effect in setting forth the text of subsec. (d)(10). 1990 Amendment. Act 42 added section 1553. References in Text. Sections 7102 and 7103, referred to in subsec. (d)(17), are repealed. Cross References. Section 1553 is referred to in sections 3806, 3815 of this title.