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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3721 - Snow and ice

§ 3721. Snow and ice.
(a) Removal of snow and ice from a motor vehicle or motor carrier vehicle.--
(1) Except as otherwise provided in this section, a driver of a motor vehicle or motor carrier vehicle being operated on a highway of this Commonwealth shall make reasonable efforts to remove accumulated ice or snow from the motor vehicle or motor carrier vehicle, including the hood, trunk and roof of the motor vehicle or motor carrier vehicle, within 24 hours after the cessation of the falling snow or ice.
(2) Paragraph (1) shall not apply if:
(i) the driver of the motor carrier vehicle, mass transit vehicle, bus or school bus is en route to a facility to remove accumulated ice or snow at the time of the stop under paragraph (3); or
(ii) compliance with this section would cause the driver of the motor carrier vehicle, mass transit vehicle, bus or school bus to violate any other Federal or State law or regulation regarding workplace safety or would be a threat to the health and safety of the driver.
(3) A driver of a motor vehicle or motor carrier vehicle who violates this subsection may be stopped on a highway by a police officer if the police officer believes the accumulated ice or snow may pose a threat to persons or property.
(4) A driver of a motor vehicle or motor carrier vehicle who violates this subsection shall be subject to a fine of $50 for each offense regardless of whether any snow or ice is dislodged from the vehicle.
(b) Dislodged or fallen snow or ice.--
When snow or ice is dislodged or falls from a moving vehicle or motor carrier vehicle and strikes another vehicle or pedestrian causing death or serious bodily injury, the operator of the vehicle from which the snow or ice is dislodged or falls shall be subject to a fine of not less than $200 nor more than $1,500 for each offense.
(July 11, 2022, P.L.1585, No.90, eff. 60 days)
2022 Amendment.
Act 90 added section 3721.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3723 - Theft of catalytic converter

§ 3723. Theft of catalytic converter.
(a) Offense defined.--
A person commits the offense of theft of a catalytic converter if the person unlawfully takes or attempts to take possession of, carries away or exercises unlawful control over a catalytic converter with intent to deprive the rightful owner of the catalytic converter.
(b) Grading.--
Except as provided under subsection (c):
(1) An offense under this section constitutes a misdemeanor of the third degree if the value of the catalytic converter unlawfully obtained is less than $50.
(2) An offense under this section constitutes a misdemeanor of the second degree if the value of the catalytic converter unlawfully obtained is $50 or more but less than $200.
(3) An offense under this section constitutes a misdemeanor of the first degree if the value of the catalytic converter unlawfully obtained is $200 or more but less than $1,000.
(4) An offense under this section constitutes a felony of the third degree if the value of the catalytic converter unlawfully obtained is $1,000 or more.
(c) Third or subsequent offenses.--
An offense under this section constitutes a felony of the third degree if the offense is a third or subsequent offense, regardless of the value of the catalytic converter. For purposes of this subsection, a first and second offense include a conviction, acceptance of or other form of preliminary disposition before the sentencing on the present violation for an offense under this section.
(Nov. 3, 2022, P.L.1946, No.130, eff. 60 days)
2022 Amendment.
Act 130 added section 3723.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3731 - Driving under influence of alcohol or controlled substance (Repealed)

§ 3731. Driving under influence of alcohol or controlled substance (Repealed).
2003 Repeal.
Section 3731 was repealed September 30, 2003, P.L.120, No.24, effective February 1, 2004. The subject matter is now contained in section 3802 of this title. Section 21(2) of Act 24 provided that the repeal of section 3731 shall not affect offenses committed prior to February 1, 2004, or civil and administrative penalties imposed as a result of those offenses.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3731.1 - Operators of commercial vehicles (Repealed)

§ 3731.1. Operators of commercial vehicles (Repealed).
1990 Repeal.
Section 3731.1 was repealed May 30, 1990, P.L.173, No.42, effective November 1, 1990.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3732 - Homicide by vehicle

§ 3732. Homicide by vehicle.
(a) Offense.--
Any person who recklessly or with gross negligence causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except section 3802 (relating to driving under influence of alcohol or controlled substance) is guilty of homicide by vehicle, a felony of the third degree, when the violation is the cause of death.
(b) Sentencing.--
(1) In addition to any other penalty provided by law, a person convicted of a violation of subsection (a) may be sentenced to an additional term not to exceed five years' confinement if at trial the prosecution proves beyond a reasonable doubt that the offense occurred in an active work zone.
(1.1) In addition to any other penalty provided by law, a person convicted of a violation of subsection (a) who is also convicted of a violation of section 1501 (relating to drivers required to be licensed), 1543 (relating to driving while operating privilege is suspended or revoked), 3316 (relating to prohibiting text-based communications), 3325 (relating to duty of driver on approach of emergency vehicle) or 3327 (relating to duty of driver in emergency response areas and in relation to disabled vehicles) may be sentenced to an additional term not to exceed five years' confinement.
(2) The prosecution must indicate intent to proceed under this section in the indictment or information which commences the prosecution.
(3) The Pennsylvania Commission on Sentencing, pursuant to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for an offense under this section when the violation occurred in an active work zone or the individual was also convicted of a violation of section 1501, 1543, 3316, 3325 or 3327.
(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Dec. 20, 2000, P.L.772, No.108, eff. 60 days; Dec. 23, 2002, P.L.1982, No.229, eff. 6 months; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Nov. 4, 2016, P.L.1277, No.165, eff. 60 days; Oct. 24, 2018, P.L.925, No.153, eff. 60 days; Oct. 29, 2020, P.L.1057, No.105, eff. 180 days)
2020 Amendment.
Act 105 amended subsec. (b)(1.1). Section 2 of Act 105 provided that Act 105 may be referred to as the Move Over Law.
2018 Amendment.
Act 153 amended subsec. (b).
2010 Amendment.
The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael C. Weigand Law.
2003 Amendment.
Act 24 amended subsec. (a).
Cross References.
Section 3732 is referred to in sections 1532, 1541, 1553, 1554, 1556, 1611, 8510.1 of this title; section 3103 of Title 23 (Domestic Relations); sections 5551, 5750, 67A01 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3732.1 - Aggravated assault by vehicle

§ 3732.1. Aggravated assault by vehicle.
(a) Offense.--
Any person who recklessly or with gross negligence causes serious bodily injury to another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic, except section 3802 (relating to driving under influence of alcohol or controlled substance), is guilty of aggravated assault by vehicle, a felony of the third degree when the violation is the cause of the injury.
(b) Sentencing.--
(1) In addition to any other penalty provided by law, a person convicted of a violation of subsection (a) may be sentenced to an additional term not to exceed two years' confinement if at trial the prosecution proves beyond a reasonable doubt that the offense occurred in an active work zone.
(2) In addition to any other penalty provided by law, a person convicted of a violation of subsection (a) who is also convicted of a violation of section 1501 (relating to drivers required to be licensed), 1543 (relating to driving while operating privilege is suspended or revoked), 3316 (relating to prohibiting text-based communications), 3325 (relating to duty of driver on approach of emergency vehicle) or 3327 (relating to duty of driver in emergency response areas and in relation to disabled vehicles) may be sentenced to an additional term not to exceed two years' confinement.
(3) The prosecution must indicate intent to proceed under this section in the indictment or information which commences the prosecution.
(4) 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 an offense under this section when the violation occurred in an active work zone or the individual was also convicted of a violation of section 1501, 1543, 3316, 3325 or 3327.
(Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Nov. 4, 2016, P.L.1277, No.165, eff. 60 days; Oct. 24, 2018, P.L.925, No.153, eff. 60 days; Oct. 29, 2020, P.L.1057, No.105, eff. 180 days)
2020 Amendment.
Act 105 amended subsec. (b)(2). Section 2 of Act 105 provided that Act 105 may be referred to as the Move Over Law.
2018 Amendment.
Act 153 amended subsec. (b).
2010 Amendment.
Act 81 added section 3732.1. The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael C. Weigand Law.
Cross References.
Section 3732.1 is referred to in section 8510.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3734 - Driving without lights to avoid identification or arrest

§ 3734. Driving without lights to avoid identification or arrest.
Any person who drives without lights or turns off any or all the lights on a motor vehicle for the purpose of avoiding identification or arrest is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $200.
Cross References.
Section 3734 is referred to in sections 1532, 6503 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3735.1 - Aggravated assault by vehicle while driving under the influence

§ 3735.1. Aggravated assault by vehicle while driving under the influence.
(a) Offense defined.--
Any person who negligently causes serious bodily injury to 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 commits a felony of the second degree when the violation is the cause of the injury.
(a.1) Sentencing.--
In addition to any other penalty provided by law, a person convicted of a violation of subsection (a) and a violation of section 1501 (relating to drivers required to be licensed) or 1543 (relating to driving while operating privilege is suspended or revoked) when committed at the same time and place may be sentenced to an additional term not to exceed two years' confinement.
(b) Definition.--
(Deleted by amendment).
(Feb. 23, 1996, P.L.21, No.8, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Oct. 24, 2018, P.L.925, No.153, eff. 60 days)
2018 Amendment.
Act 153 added subsec. (a.1).
2010 Amendment.
Act 81 deleted subsec. (b). The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael C. Weigand Law.
2003 Amendment.
Act 24 amended subsec. (a).
1996 Amendment.
Act 8 added section 3735.1.
Cross References.
Section 3735.1 is referred to in sections 1532, 1541, 1554 of this title; section 8137 of Title 35 (Health and Safety); sections 1725.3, 5750, 67A01 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3736 - Reckless driving

§ 3736. Reckless driving.
(a) General rule.--
Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) Penalty.--
Any person who violates this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $200.
(May 30, 1990, P.L.173, No.42, eff. Apr. 1, 1992)
1990 Amendment.
Act 42 added section 3736.
Cross References.
Section 3736 is referred to in sections 1532, 3326, 3327 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3742.1 - Accidents involving death or personal injury while not properly licensed

§ 3742.1. Accidents involving death or personal injury while not properly licensed.
(a) Offense defined.--
A person whose operating privilege was disqualified, canceled, recalled, revoked or suspended and not restored or who does not hold a valid driver's license and applicable endorsements for the type and class of vehicle being operated commits an offense under this section if the person was the driver of any vehicle and:
(1) caused an accident resulting in injury or death of a person; or
(2) acted with negligence that contributed to causing the accident resulting in injury or death of a person.
(b) Penalties.--
(1) Except as otherwise provided in this section, any person violating subsection (a)(1) commits a misdemeanor of the second degree.
(2) If the victim suffers serious bodily injury or death, any person violating subsection (a)(1) commits a felony of the third degree.
(2.1) A person violating subsection (a)(2) resulting in the serious bodily injury of a person commits a misdemeanor of the third degree.
(2.2) A person violating subsection (a)(2) resulting in the death of a person commits a misdemeanor of the second degree.
(3) Any motor vehicle, as defined in section 102 (relating to definitions), used in the commission of an offense under this section may be deemed contraband and forfeited in accordance with the provisions set forth in 18 Pa.C.S. § 6501(d) (relating to scattering rubbish).
(c) Definitions.--
(Deleted by amendment).
(Feb. 23, 1996, P.L.21, No.8, eff. 60 days; July 11, 1996, P.L.660, No.115, eff. imd.; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Nov. 30, 2004, P.L.1667, No.211, eff. 60 days; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Oct. 24, 2018, P.L.925, No.153, eff. 60 days)
2010 Amendment.
The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael C. Weigand Law.
Cross References.
Section 3742.1 is referred to in sections 1532, 1542, 1554, 1606 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3743 - Accidents involving damage to attended vehicle or property

§ 3743. Accidents involving damage to attended vehicle or property.
(a) General rule.--
The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744 (relating to duty to give information and render aid). Every stop shall be made without obstructing traffic more than is necessary.
(a.1) Highly automated vehicles.--
(1) If a vehicle under subsection (a) is a highly automated vehicle operating with an ADS engaged or without a highly automated vehicle driver on board, the requirements of this section are satisfied if the highly automated vehicle stops at the scene of the accident or as close thereto as is safely possible and the certificate holder for the highly automated vehicle or a person on behalf of the certificate holder for the highly automated vehicle or the highly automated vehicle immediately contacts a duly authorized police department to report the accident.
(2) The highly automated vehicle shall remain at the scene of the accident or as close thereto as is safely possible until the requirements of section 3744 are fulfilled.
(b) Penalty.--
Any person violating this section commits a misdemeanor of the third degree, punishable by a fine of $2,500 or imprisonment for not more than one year, or both.
(July 6, 1995, P.L.288, No.42, eff. 60 days; Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)
2022 Amendment.
Act 130 added subsec. (a.1).
1995 Amendment.
Act 42 amended subsec. (b).
Cross References.
Section 3743 is referred to in sections 1532, 1542, 1611, 1786, 3745.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3743.1 - Spilled cargo

§ 3743.1. Spilled cargo.
(a) General rule.--
Immediately following an accident, a police officer may remove or direct removal of spilled cargo from any roadway to the nearest point off the roadway where the spilled cargo will not interfere with or obstruct traffic.
(b) Storage of cargo.--
When, in the opinion of a police officer, it is necessary to protect the contents, load or spilled cargo of a wrecked vehicle from the elements, spoilage or theft, the police officer may remove or direct the removal of the contents or load or spilled cargo and have the same stored, at the expense of the owner, at the nearest practical place of storage.
(c) Liability for damage or loss.--
In carrying out the provisions of this section, no liability shall attach to the police officer or, absent a showing of gross negligence, to any person acting under the direction of the police officer for damage to or loss of any portion of the contents or load or spilled cargo.
(Dec. 8, 2004, P.L.1791, No.237, eff. 150 days)
2004 Amendment.
Act 237 added section 3743.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3745 - Accidents involving damage to unattended vehicle or property

§ 3745. Accidents involving damage to unattended vehicle or property.
(a) General rule.--
The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to the other vehicle or property shall immediately stop the vehicle at the scene of the accident or as close thereto as possible and shall then and there either locate and notify the operator or owner of the damaged vehicle or other property of his name, address, information relating to financial responsibility and the registration number of the vehicle being driven or shall attach securely in a conspicuous place in or on the damaged vehicle or other property a written notice giving his name, address, information relating to financial responsibility and the registration number of the vehicle being driven and shall without unnecessary delay notify the nearest office of a duly authorized police department. Every stop shall be made without obstructing traffic more than is necessary.
(a.1) Highly automated vehicles.--
(1) If a vehicle under subsection (a) is a highly automated vehicle operating with an ADS engaged or without a highly automated vehicle driver on board, the requirements of this section are satisfied if the highly automated vehicle immediately stops at the scene of the accident or as close thereto as is safely possible and the certificate holder for the highly automated vehicle, a person on behalf of the certificate holder for the highly automated vehicle or the highly automated vehicle immediately contacts a duly authorized police department to report the accident and communicates the registration and financial responsibility information for the highly automated vehicle to the police department.
(2) The highly automated vehicle shall remain at the scene of the accident or as close thereto as is safely possible until the requirements of section 3744 (relating to duty to give information and render aid) are fulfilled.
(b) Penalty.--
A violation of this section is a summary offense, punishable by a fine of $300 or imprisonment for not more than 90 days, or both.
(Feb. 12, 1984, P.L.26, No.11, eff. Oct. 1, 1984; July 10, 1984, P.L.679, No.146, eff. 60 days; July 6, 1995, P.L.288, No.42, eff. 60 days; Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)
2022 Amendment.
Act 130 added subsec. (a.1).
1995 Amendment.
Act 42 amended subsec. (b).
Cross References.
Section 3745 is referred to in sections 1535, 1611, 3745.1, 6506 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3746 - Immediate notice of accident to police department

§ 3746. Immediate notice of accident to police department.
(a) General rule.--
The driver of a vehicle involved in an accident shall immediately by the quickest means of communication give notice to the nearest office of a duly authorized police department if the accident involves:
(1) injury to or death of any person; or
(2) damage to any vehicle involved to the extent that it cannot be driven under its own power in its customary manner without further damage or hazard to the vehicle, other traffic elements, or the roadway, and therefore requires towing.
(a.1) Highly automated vehicles.--
If a vehicle under subsection (a) is a highly automated vehicle operating with an ADS engaged or without a highly automated vehicle driver on board, the requirements of this section are satisfied if the certificate holder for the highly automated vehicle, a person on behalf of the certificate holder for the highly automated vehicle or the highly automated vehicle immediately contacts a duly authorized police department to report the accident.
(b) Duty of occupant if driver disabled.--
Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in subsection (a) and there is another occupant in the vehicle at the time of the accident capable of doing so, the occupant shall make or cause to be given the notice not given by the driver.
(c) Investigation by police officer.--
Every accident reported to a police department required in this section shall be investigated by a police officer who shall provide each driver a signed statement that the accident was reported.
(Nov. 3, 2022, P.L.1946, No.130, eff. 240 days)
2022 Amendment.
Act 130 added subsec. (a.1).
Cross References.
Section 3746 is referred to in sections 1503, 1785, 3745.1, 3747, 8510.3 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3747 - Written report of accident by driver or owner

§ 3747. Written report of accident by driver or owner.
(a) General rule.--
If a police officer does not investigate an accident required to be investigated by section 3746 (relating to immediate notice of accident to police department), the driver of a vehicle which is in any manner involved in the accident shall, within five days of the accident, forward a written report of the accident to the department.
(b) Supplemental reports.--
The department may require any driver of a vehicle involved in an accident of which written report must be made as provided in this section to file supplemental written reports whenever the original report is insufficient in the opinion of the department.
(c) Exception for disabled persons.--
A written accident report is not required under this subchapter from any person who is physically incapable of making a report during the period of incapacity.
(d) Duty of owner if driver disabled.--
Whenever the driver is physically incapable of making a written report of an accident as required in this section and the driver is not the owner of the vehicle, then the owner of the vehicle involved in the accident shall, within five days after the accident, make the report not made by the driver.
(e) Confidentiality of reports.--
All written reports required in this section to be forwarded to the department by drivers or owners of vehicles involved in accidents shall be without prejudice to the individual so reporting and shall be for the confidential use of the department or any other governmental agency or their representatives having use for the records for accident prevention purposes, except that the department shall disclose the identity of a person involved in an accident when the identity is not otherwise known or when the person denies his presence at the accident and shall disclose whether any person or vehicle was covered by a vehicle insurance policy and the name of the insurer.
(f) Use of reports as evidence.--
No accident reports forwarded under the provisions of this section shall be used as evidence in any trial, civil or criminal, arising out of an accident except that the department shall furnish upon demand of any party to the trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with the law and, if the report has been made, the date, time and location of the accident, the names and addresses of the drivers and the owners of the vehicles involved. The reports may be used as evidence when necessary to prosecute charges filed in connection with a violation of section 3748 (relating to false reports).
(g) Compliance with other laws required.--
This section does not affect the duty of filing accident reports required by any other statute or regulations made thereunder.
Cross References.
Section 3747 is referred to in section 3745.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3748 - False reports

§ 3748. False reports.
Any person who gives information in oral or written reports required by this subchapter knowing or having reason to believe that the information is false is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $200.
Cross References.
Section 3748 is referred to in sections 3747, 6503 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3749 - Reports by coroners and medical examiners

§ 3749. Reports by coroners and medical examiners.
(a) General rule.--
Every coroner or medical examiner in this Commonwealth shall report in writing to the department within five days of certification the death of any person resulting from a vehicle accident, giving the time and place of accident and the circumstances relating thereto. These reports shall be made on forms prepared by the department. Every coroner or medical examiner shall retain a copy of the reports in his office for a period of two years.
(b) Blood and urine samples.--
The coroners or medical examiners of each county in this Commonwealth shall take blood or urine samples or both from the bodies of all drivers and of all pedestrians over 15 years of age who die within four hours following an accident and shall, within ten days of the accident, transmit the samples to the Governor's Council on Drug and Alcohol Abuse. This subsection shall be applicable to all occupants over 15 years of age if the driver of the vehicle cannot be determined.
(c) Regulations for testing samples.--
The Governor's Council on Drug and Alcohol Abuse shall establish and promulgate rules and regulations for the testing of the blood and urine samples authorized to be taken from dead bodies under this section.
Governor's Council on Drug and Alcohol Abuse.
The Governor's Council on Drug and Alcohol Abuse is now known as the Pennsylvania Advisory Council on Drug and Alcohol Abuse and is designated as the advisory council to the Department of Health for drug and alcohol programs. See section 3 of the act of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol Abuse Control Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3750 - Reports by garages

§ 3750. Reports by garages.
The person in charge of any garage or repair shop to which is brought a vehicle which shows evidence of having been struck by any bullet shall report to the nearest office of a duly authorized police department within 24 hours after the vehicle is received by the garage or repair shop, giving the year, make and model name of the vehicle, the vehicle identification number, the registration plate number and address of the owner or driver of the vehicle.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3751 - Reports by police

§ 3751. Reports by police.
(a) General rule.--
Every police department that investigates a vehicle accident for which a report must be made as required in this subchapter and prepares a written report as a result of an investigation either at the time and at the scene of the accident or thereafter by interviewing the participants or witnesses shall, within 15 days of the accident, forward an initial written report of the accident to the department. If the initial report is not complete, a supplemental report shall be submitted at a later date.
(b) Furnishing copies of report.--
(1) Police departments shall, upon request, furnish a certified copy of the full report of the police investigation of any vehicle accident to any person involved in the accident, his attorney or insurer, and to the Federal Government, branches of the military service, Commonwealth agencies, and to officials of political subdivisions and to agencies of other states and nations and their political subdivisions.
(2) Except as provided in paragraph (3), the cost of furnishing a copy of a report under this subsection shall not exceed $15.
(3) In a city of the first class, the cost of furnishing a copy of a report under this subsection shall not exceed $25.
(4) The copy of the report shall not be admissible as evidence in any action for damages or criminal proceedings arising out of a motor vehicle accident.
(5) Police departments may refuse to furnish the complete copy of investigation of the vehicle accident whenever there are criminal charges pending against any persons involved in the vehicle accident unless the Pennsylvania Rules of Criminal Procedure require the production of the documents.
(June 11, 1992, P.L.266, No.47, eff. 60 days; May 20, 1993, P.L.30, No.10, eff. 60 days; Nov. 30, 2004, P.L.1667, No.211, eff. 60 days)
2004 Amendment.
Act 211 amended subsec. (b).
1993 Amendment.
Act 10 overlooked the amendment to subsec. (a) by Act 47 of 1992, but the amendments do not conflict in substance and have both been given effect in setting forth the text of subsec. (a).
Cross References.
Section 3751 is referred to in sections 1535, 3745.1 of this title; section 1392 of Title 53 (Municipalities Generally).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3752 - Accident report forms

§ 3752. Accident report forms.
(a) Form and content.--
The department shall prepare and upon request supply to all law enforcement agencies and other appropriate agencies or individuals, forms for written accident reports as required in this subchapter suitable with respect to the persons required to make the reports and the purposes to be served. The written report forms shall call for sufficiently detailed information to disclose with reference to a vehicle accident the cause, conditions then existing and the persons and vehicles involved, including separate information or data on autocycles. Reports for use by the drivers and owners shall also provide for information relating to financial responsibility.
(b) Use.--
Every accident report required to be made in writing shall be made on the appropriate form approved by the department and shall contain all the information required therein unless not available.
(May 25, 2016, P.L.248, No.34, eff. Jan. 1, 2018)
2016 Amendment.
Act 34 amended subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3754 - Accident prevention investigations

§ 3754. Accident prevention investigations.
(a) General rule.--
The department, in association with the Pennsylvania State Police, may conduct in-depth accident investigations and safety studies of the human, vehicle and environmental aspects of traffic accidents for the purpose of determining the causes of traffic accidents and the improvements which may help prevent similar types of accidents or increase the overall safety of roadways and bridges.
(b) Confidentiality of reports.--
In-depth accident investigations and safety studies and information, records and reports used in their preparation shall not be discoverable nor admissible as evidence in any legal action or other proceeding, nor shall officers or employees or the agencies charged with the development, procurement or custody of in-depth accident investigations and safety study records and reports be required to give depositions or evidence pertaining to anything contained in such in-depth accident investigations or safety study records or reports in any legal action or other proceeding.
(Dec. 11, 1986, P.L.1530, No.166, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3755 - Reports by emergency room personnel

§ 3755. Reports by emergency room personnel.
(a) General rule.--
If, as a result of a motor vehicle accident, the person who drove, operated or was in actual physical control of the movement of any involved motor vehicle requires medical treatment in an emergency room of a hospital and if probable cause exists to believe a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) was involved, the emergency room physician or his designee shall promptly take blood samples from those persons and transmit them within 24 hours for testing to the Department of Health or a clinical laboratory licensed and approved by the Department of Health and specifically designated for this purpose. This section shall be applicable to all injured occupants who were capable of motor vehicle operation if the operator or person in actual physical control of the movement of the motor vehicle cannot be determined. Test results shall be released upon request of the person tested, his attorney, his physician or governmental officials or agencies.
(b) Immunity from civil or criminal liability.--
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 or criminally liable for withdrawing blood or obtaining a urine sample and reporting test results to the police pursuant to this section or for performing any other duty imposed by 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 of admission.
(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Feb. 12, 1984, P.L.53, No.12, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004)
2003 Amendment.
Act 24 amended subsec. (a).
1984 Amendment.
Act 12 amended subsec. (b).
1982 Amendment.
Act 289 added section 3755.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3756 - Post-accident testing

§ 3756. Post-accident testing.
The department shall promulgate regulations consistent with 49 CFR 382.303 (relating to post-accident testing).
(a) Testing requirement.--
(Deleted by amendment).
(b) Penalty.--
(Deleted by amendment).
(Dec. 23, 2002, P.L.1982, No.229, eff. 60 days; Oct. 24, 2018, P.L.925, No.153, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 37 - Miscellaneous Provisions › Section 3757 - Compensation for incident removal costs

§ 3757. Compensation for incident removal costs.
(a) General rule.--
Notwithstanding any other law or regulation, any entity incurring the cost of removing a vehicle or cargo at an accident scene if the removal is authorized by a police officer shall have the unqualified right to compensation for the cost of removal and cargo storage and cleanup from the owner of:
(1) A vehicle removed.
(2) A vehicle, the cargo of which was removed in whole or in part.
(3) The cargo removed.
(b) Right to information.--
A towing company that removes a vehicle or cargo under subsection (a) shall have the unqualified right to any information relevant to vehicle ownership and information affecting compensation, including, but not limited to, insurance information.
(Dec. 8, 2004, P.L.1791, No.237, eff. 150 days)
2004 Amendment.
Act 237 added section 3757.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 38 - Driving After Imbibing Alcohol or Utilizing Drugs › Extra - Chapter Notes

Enactment.
Chapter 38 was added September 30, 2003, P.L.120, No.24, effective February 1, 2004.
Cross References.
Chapter 38 is referred to in sections 1542, 1545, 1552, 1553, 3101 of this title;
            section 5329 of Title 23 (Domestic Relations); sections 67A01, 9763 of Title 42 (Judiciary
            and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 38 - Driving After Imbibing Alcohol or Utilizing Drugs › Section 3801 - Definitions

§ 3801. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Adult."
An individual who is at least 21 years of age.
"Ignition interlock system."
A system approved by the department which prevents a vehicle from being started or operated unless the operator first provides a breath sample indicating that the operator has an alcohol level less than 0.025%.
"Minor."
An individual who is under 21 years of age.
Cross References.
Section 3801 is referred to in section 1556 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 38 - Driving After Imbibing Alcohol or Utilizing Drugs › Section 3806 - Prior offenses

§ 3806. Prior offenses.
(a) General rule.--
Except as set forth in subsection (b), the term "prior offense" as used in this chapter shall mean any conviction for which judgment of sentence has been imposed, adjudication of delinquency, juvenile consent decree, acceptance of Accelerated Rehabilitative Disposition or other form of preliminary disposition before the sentencing on the present violation for any of the following:
(1) an offense under section 3802 (relating to driving under influence of alcohol or controlled substance);
(2) an offense under former section 3731;
(3) an offense substantially similar to an offense under paragraph (1) or (2) in another jurisdiction; or
(4) any combination of the offenses set forth in paragraph (1), (2) or (3).
(b) Timing.--
(1) For purposes of sections 1553(d.2) (relating to occupational limited license), 1556 (relating to ignition interlock limited license), 3803 (relating to grading), 3804 (relating to penalties) and 3805 (relating to ignition interlock), the prior offense must have occurred:
(i) within 10 years prior to the date of the offense for which the defendant is being sentenced; or
(ii) on or after the date of the offense for which the defendant is being sentenced.
(2) The court shall calculate the number of prior offenses, if any, at the time of sentencing.
(3) If the defendant is sentenced for two or more offenses in the same day, the offenses shall be considered prior offenses within the meaning of this subsection.
(Nov. 29, 2004, P.L.1369, No.177, eff. imd.; Oct. 27, 2014, P.L.2905, No.189, eff. 60 days; May 25, 2016, P.L.236, No.33, eff. imd.)
2020 Unconstitutionality.
Section 3806(a) intro. par. was declared unconstitutional in part on May 20, 2020, by the Superior Court of Pennsylvania in Commonwealth v. Chichkin, 232 A.3d 959 (2020).
2014 Amendment.
Section 2 of Act 189 provided that the amendment of subsec. (b) shall apply to persons sentenced on or after the effective date of section 2.
Cross References.
Section 3806 is referred to in sections 1556, 3805 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 38 - Driving After Imbibing Alcohol or Utilizing Drugs › Section 3809 - Restriction on alcoholic beverages

§ 3809. Restriction on alcoholic beverages.
(a) General rule.--
Except as set forth in subsection (b), an individual who is an operator or an occupant in a motor vehicle may not be in possession of an open alcoholic beverage container or consume a 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 an alcoholic beverage in a motor vehicle while the motor vehicle is located on a highway in this Commonwealth.
(b) Exception.--
This section does not prohibit possession or consumption by any of the following:
(1) A passenger in the passenger area of a motor vehicle designed, maintained or used primarily for the lawful transportation of persons for compensation. This paragraph includes buses, taxis and limousines.
(2) An individual in the living quarters of a house coach or house trailer.
(c) Penalty.--
An individual who violates this section commits a summary offense.
Cross References.
Section 3809 is referred to in section 1542 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 38 - Driving After Imbibing Alcohol or Utilizing Drugs › Section 3810 - Authorized use not a defense

§ 3810. Authorized use not a defense.
The fact that a person charged with violating this chapter is or has been legally entitled to use alcohol or controlled substances is not a defense to a charge of violating this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 38 - Driving After Imbibing Alcohol or Utilizing Drugs › Section 3811 - Certain arrests authorized

§ 3811. Certain arrests authorized.
(a) Warrant not required.--
In addition to any other powers of arrest, a police officer is authorized to arrest an individual without a warrant if the officer has probable cause to believe that the individual has violated 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), regardless of whether the alleged violation was committed in the presence of the police officer.
(b) Territory.--
The authority under subsection (a) extends to any hospital or other medical treatment facility located beyond the territorial limits of the police officer's political subdivision at which an individual to be arrested is found or was taken or removed for purposes of emergency treatment, examination or evaluation as long as there is probable cause to believe that the violation of section 1543(b)(1.1), 3802 or 3808(a)(2) occurred within the police officer's political subdivision.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 38 - Driving After Imbibing Alcohol or Utilizing Drugs › Section 3812 - Preliminary hearing or arraignment

§ 3812. Preliminary hearing or arraignment.
The presiding judicial officer at the preliminary hearing or preliminary arraignment relating to a charge of a 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) shall not reduce or modify the original charges without the consent of the attorney for the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 38 - Driving After Imbibing Alcohol or Utilizing Drugs › Section 3813 - Work release

§ 3813. Work release.
In any case in which an individual is sentenced to a period of imprisonment as a result of a conviction for violating a provision of this chapter, the judicial officer imposing the sentence shall consider assigning that individual to a daytime work release program. Any work release program permitted under this section shall be certified by the Drug and Alcohol Treatment program administration as being consistent with any drug and alcohol treatment requirements imposed under section 3814 (relating to drug and alcohol assessments).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 38 - Driving After Imbibing Alcohol or Utilizing Drugs › Section 3814 - Drug and alcohol assessments

§ 3814. Drug and alcohol assessments.
If a defendant is convicted or pleads guilty or no contest to a violation of section 3802 (relating to driving under influence of alcohol or controlled substance), the following apply prior to sentencing:
(1) The defendant shall be evaluated under section 3816(a) (relating to requirements for driving under influence offenders) and any other additional evaluation techniques deemed appropriate by the court to determine the extent of the defendant's involvement with alcohol or other drug and to assist the court in determining what type of sentence would benefit the defendant and the public.
(2) The defendant shall be subject to a full assessment for alcohol and drug addiction if any of the following subparagraphs apply:
(i) The defendant, within ten years prior to the offense for which sentence is being imposed, has been sentenced for an offense under:
(A) section 3802;
(B) former section 3731; or
(C) an equivalent offense in another jurisdiction.
(ii) Either:
(A) the evaluation under paragraph (1) indicates there is a need for counseling or treatment; or
(B) the defendant's blood alcohol content at the time of the offense was at least 0.16%.
(3) The assessment under paragraph (2) shall be conducted by one of the following:
(i) The Department of Health or its designee.
(ii) The county agency with responsibility for county drug and alcohol programs or its designee.
(iii) The clinical personnel of a facility licensed by the Department of Health for the conduct of drug and alcohol addiction treatment programs.
(4) The assessment under paragraph (2) shall consider issues of public safety and shall include recommendations for all of the following:
(i) Length of stay.
(ii) Levels of care.
(iii) Follow-up care and monitoring.
Special Provisions in Appendix.
See section 18 of Act 24 of 2003 in the appendix to this title for special provisions relating to applicability of sections 3814 and 3815.
Cross References.
Section 3814 is referred to in sections 3804, 3807, 3813, 3815, 3816 of this title; section 9763 of Title 42 (Judiciary and Judicial Procedure).