SENATE AMENDED
PRIOR PRINTER'S NOS. 966, 3216, 4160 PRINTER'S NO. 4399
No. 804 Session of 2005
INTRODUCED BY MAITLAND, SAYLOR, HESS, CALTAGIRONE, CAPPELLI,
CRAHALLA, GINGRICH, GODSHALL, GRUCELA, HARRIS, M. KELLER,
KILLION, McILHATTAN, MILLARD, S. MILLER, NAILOR, NICKOL,
PAYNE, PHILLIPS, READSHAW, SAINATO, SCAVELLO, SOLOBAY, STERN,
E. Z. TAYLOR, WALKO, GILLESPIE AND BOYD, MARCH 14, 2005
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 27, 2006
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for unattended children in motor <--
3 vehicles, for fleeing or attempting to elude police officer <--
4 and for restrictions on highway and bridge use. VEHICLES AND <--
5 FOR FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER. AN <--
6 ELECTRONIC TITLING PROGRAM, FOR UNATTENDED CHILDREN IN MOTOR
7 VEHICLES AND FOR FLEEING OR ATTEMPTING TO ELUDE POLICE
8 OFFICER; PROHIBITING OPERATORS FROM USING HANDHELD MOBILE
9 TELEPHONES; AND FURTHER PROVIDING FOR EXEMPTION FROM
10 ADDITIONAL REQUIREMENTS FOR HIGHWAY OCCUPANCY PERMITS FOR
11 AGRICULTURAL PURPOSES.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 3701.1(b) of Title 75 of the Pennsylvania <--
15 Consolidated Statutes is amended to read:
16 SECTION 1. SECTION 1151 OF TITLE 75 OF THE PENNSYLVANIA <--
17 CONSOLIDATED STATUTES IS AMENDED TO READ:
18 § 1151. ELECTRONIC MEDIA SYSTEM FOR VEHICLE TITLES.
19 (A) INITIAL RESPONSIBILITIES OF DEPARTMENT.--THE DEPARTMENT
20 IS AUTHORIZED TO FORM A TASK FORCE FOR THE PURPOSE OF DEVELOPING
1 A SYSTEM WHICH WILL PERMIT THE VOLUNTARY RECORDING OF VEHICLE
2 TITLE INFORMATION FOR NEW, TRANSFERRED AND CORRECTED
3 CERTIFICATES OF TITLE, INCLUDING THE PERFECTION AND RELEASE OF
4 SECURITY INTERESTS, THROUGH ELECTRONIC MEDIA IN A COST-EFFECTIVE
5 MANNER IN LIEU OF THE SUBMISSION AND MAINTENANCE OF PAPER
6 DOCUMENTS OTHERWISE REQUIRED BY THIS CHAPTER. THE MEMBERS OF THE
7 TASK FORCE SHALL BE APPOINTED BY THE SECRETARY AND SHALL INCLUDE
8 REPRESENTATIVES FROM THE DEPARTMENT, THE COMMERCIAL BANKING
9 INDUSTRY, SALES FINANCE COMPANIES, CREDIT UNIONS, SAVINGS
10 INSTITUTIONS AND THE VEHICLE DEALERSHIP INDUSTRY.
11 (B) TASK FORCE RESPONSIBILITIES.--THE TASK FORCE SHALL
12 RESEARCH METHODS WHEREBY THE DEPARTMENT, LENDING INSTITUTIONS
13 AND SALES FINANCE COMPANIES MAY EXCHANGE AND MAINTAIN
14 INFORMATION CONCERNING THE PERFECTION AND RELEASE OF VEHICLE
15 SECURITY INTERESTS WITHOUT SUBMITTING OR RECEIVING THE PAPER
16 TITLE DOCUMENT. FURTHER, THE TASK FORCE SHALL DEVELOP METHODS
17 WHEREBY LENDING INSTITUTIONS AND SALES FINANCE COMPANIES MAY
18 SUBMIT, THROUGH A VARIETY OF ELECTRONIC MEDIA, UPDATED
19 INFORMATION PERTAINING TO THE TITLE RECORD, INCLUDING THE
20 ADDITION, ASSIGNMENT OR RELEASE OF VEHICLE SECURITY INTERESTS.
21 (C) EXPIRATION.--THIS SECTION EXPIRES JANUARY 1, 2007.
22 SECTION 2. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
23 § 1151.1. PROGRAM.
24 (A) GENERAL RULE.--THE DEPARTMENT SHALL ADMINISTER AN
25 ELECTRONIC TITLING PROGRAM THAT PERMITS THE RECORDING OF VEHICLE
26 TITLE INFORMATION FOR NEW, TRANSFERRED AND CORRECTED
27 CERTIFICATES OF TITLE THROUGH ELECTRONIC MEDIA IN A COST-
28 EFFECTIVE MANNER IN LIEU OF THE SUBMISSION AND MAINTENANCE OF
29 PAPER DOCUMENTS OTHERWISE REQUIRED BY THIS CHAPTER.
30 (B) DESCRIPTION.--THE ELECTRONIC TITLING PROGRAM SHALL
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1 INCLUDE, BUT NOT BE LIMITED TO, METHODS BY WHICH VEHICLE TITLE 2 INFORMATION, INCLUDING THE PERFECTION, RELEASE AND ASSIGNMENT OF 3 VEHICLE SECURITY INTERESTS MAY BE SUBMITTED THROUGH ELECTRONIC 4 MEDIA. 5 (C) MANDATORY PARTICIPATION.--EXCEPT FOR INDIVIDUALS AND 6 LIENHOLDERS WHO ARE NOT NORMALLY ENGAGED IN THE BUSINESS OR 7 PRACTICE OF FINANCING VEHICLES, LIENHOLDERS SHALL PARTICIPATE IN 8 THE ELECTRONIC TITLING PROGRAM. 9 SECTION 3. SECTIONS 1152 AND 1154 OF TITLE 75 ARE AMENDED TO 10 READ: 11 § 1152. DEVELOPMENT OF PILOT PROGRAM. 12 (A) PILOT PROGRAM DEVELOPMENT.--THE TASK FORCE APPOINTED 13 UNDER SECTION 1151 (RELATING TO ELECTRONIC MEDIA SYSTEM FOR 14 VEHICLE TITLES) SHALL DEVELOP A PILOT PROGRAM TO IMPLEMENT 15 VOLUNTARY ELECTRONIC TRANSACTIONS IN LIEU OF THE PAPER DOCUMENTS 16 REQUIRED BY THIS CHAPTER. THE DEPARTMENT MAY LIMIT THE NUMBER OF 17 COUNTIES IN WHICH THE PILOT PROGRAM WILL BE IN EFFECT AND MAY 18 ALSO LIMIT THE NUMBER OF LENDING INSTITUTIONS AND SALES FINANCE 19 COMPANIES PARTICIPATING IN THE PROGRAM, BUT SHALL ENCOURAGE 20 LENDING INSTITUTIONS AND SALES FINANCE COMPANIES OF VARIOUS 21 SIZES TO PARTICIPATE. 22 (B) EXPIRATION.--THIS SECTION EXPIRES JANUARY 1, 2007. 23 § 1154. EXPANSION OF PILOT PROGRAM. 24 (A) PILOT PROGRAM EXPANSION.--IF, AFTER 12 MONTHS OF 25 OPERATION, THE SECRETARY CERTIFIES IN THE PENNSYLVANIA BULLETIN 26 THAT THE PILOT PROGRAM CREATED UNDER SECTION 1152 (RELATING TO 27 DEVELOPMENT OF PILOT PROGRAM) HAS BEEN SUCCESSFUL, THE 28 DEPARTMENT SHALL PROMULGATE REGULATIONS GOVERNING VOLUNTARY 29 ELECTRONIC MEDIA TRANSACTIONS IN LIEU OF SUBMISSION AND 30 MAINTENANCE OF PAPER DOCUMENTS OTHERWISE REQUIRED BY THIS 20050H0804B4399 - 3 -
1 CHAPTER. UNTIL THE REGULATIONS ARE ADOPTED, THE DEPARTMENT MAY
2 MAINTAIN AND EXPAND THE PILOT PROGRAM PROVIDED FOR IN SECTION
3 1152.
4 (B) EXPIRATION.--THIS SECTION EXPIRES JANUARY 1, 2007.
5 SECTION 4. TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED
6 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
7 § 3316. PROHIBITING USE OF HANDHELD MOBILE TELEPHONES.
8 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), NO
9 DRIVER SHALL OPERATE ANY MOVING VEHICLE ON A HIGHWAY OF THIS
10 COMMONWEALTH, WHICH SHALL INCLUDE FEDERAL, STATE AND MUNICIPAL
11 HIGHWAYS, WHILE USING A HANDHELD MOBILE TELEPHONE. THIS
12 SUBSECTION SHALL NOT PROHIBIT THE USE OF A HANDS-FREE MOBILE
13 TELEPHONE WHILE OPERATING A MOTOR VEHICLE.
14 (B) EXCEPTION.--THIS SECTION SHALL NOT APPLY TO LAW
15 ENFORCEMENT OFFICERS AND OPERATORS OF EMERGENCY VEHICLES WHEN ON
16 DUTY AND ACTING IN THEIR OFFICIAL CAPACITIES.
17 (C) DEFENSE.--IT SHALL BE A DEFENSE TO A PROSECUTION BROUGHT
18 FOR A VIOLATION OF THIS SECTION THAT THE DRIVER HAD REASON TO
19 FEAR FOR THE DRIVER'S SAFETY, WAS REPORTING A TRAFFIC ACCIDENT
20 OR WAS MAKING A "911" EMERGENCY CALL.
21 (D) PENALTY.--A PERSON WHO VIOLATES THIS SECTION COMMITS A
22 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
23 A FINE OF $250.
24 (E) SECONDARY OFFENSE.--NO PERSON SHALL BE CONVICTED OF A
25 VIOLATION OF SUBSECTION (A) UNLESS THE PERSON IS ALSO CONVICTED
26 OF ANOTHER VIOLATION OF THIS TITLE WHICH OCCURRED AT THE SAME
27 TIME.
28 (F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
29 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
30 SUBSECTION:
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1 "ENGAGE IN A CALL." TALKING INTO OR LISTENING ON A HAND-HELD 2 MOBILE TELEPHONE. THIS TERM SHALL NOT INCLUDE HOLDING A MOBILE 3 TELEPHONE TO ACTIVATE, DEACTIVATE OR INITIATE A FUNCTION OF SUCH 4 TELEPHONE. 5 "HANDHELD MOBILE TELEPHONE." A MOBILE TELEPHONE OTHER THAN A 6 HANDS-FREE MOBILE TELEPHONE WITH WHICH A USER ENGAGES IN A CALL 7 USING AT LEAST ONE HAND. 8 "HANDS-FREE MOBILE TELEPHONE." A MOBILE TELEPHONE THAT HAS 9 AN INTERNAL FEATURE OR FUNCTION, OR THAT IS EQUIPPED WITH AN 10 ATTACHMENT OR ADDITION, WHETHER OR NOT PERMANENTLY PART OF SUCH 11 MOBILE TELEPHONE, BY WHICH A USER ENGAGES IN A CALL WITHOUT THE 12 USE OF EITHER HAND, WHETHER OR NOT THE USE OF EITHER HAND IS 13 NECESSARY TO ACTIVATE, DEACTIVATE OR INITIATE A FUNCTION OF SUCH 14 TELEPHONE. 15 "IMMEDIATE PROXIMITY." THE DISTANCE PERMITTING THE OPERATOR 16 OF A MOBILE TELEPHONE TO HEAR TELECOMMUNICATIONS TRANSMITTED 17 OVER THE MOBILE TELEPHONE, BUT WITHOUT REQUIRING PHYSICAL 18 CONTACT OF THE MOBILE TELEPHONE WITH THE OPERATOR'S EAR. 19 "MOBILE TELEPHONE." THE DEVICE USED BY SUBSCRIBERS AND OTHER 20 USERS OF WIRELESS TELEPHONE SERVICE TO ACCESS SUCH SERVICE. 21 "USING." HOLDING A MOBILE TELEPHONE TO, OR IN THE IMMEDIATE 22 PROXIMITY OF, THE USER'S EAR. 23 "WIRELESS TELEPHONE SERVICE." THE TWO-WAY REAL TIME VOICE 24 TELECOMMUNICATIONS SERVICE THAT IS INTERCONNECTED TO A PUBLIC 25 SWITCHED TELEPHONE NETWORK AND IS PROVIDED BY A COMMERCIAL 26 MOBILE RADIO SERVICE, AS DEFINED BY 47 CFR § 20.3. 27 SECTION 5. SECTION 3701.1(B) OF TITLE 75 IS AMENDED TO READ: 28 § 3701.1. Leaving an unattended child in a motor vehicle. 29 * * * 30 (b) Penalty.--A person who violates this section commits a 20050H0804B4399 - 5 -
1 summary offense. It is a separate offense for each child left 2 unattended. 3 Section 2 6. Section 3733(a) of Title 75 is amended and the <-- 4 section is amended by adding a subsection to read: 5 § 3733. Fleeing or attempting to elude police officer. 6 (a) Offense defined.--Any driver of a motor vehicle who 7 willfully fails or refuses to bring his vehicle to a stop, or 8 who otherwise flees or attempts to elude a pursuing police 9 officer, when given visual or audible signal to bring the 10 vehicle to a stop, commits [a misdemeanor of the second degree. 11 Any driver upon conviction shall pay an additional fine of $500. 12 This fine shall be in addition to and not in lieu of all other 13 fines, court expenses, jail sentences or penalties] an offense 14 as graded in subsection (a.2). 15 * * * 16 (a.2) Grading.-- 17 (1) Except as provided in paragraph (2), an offense 18 under subsection (a) constitutes a misdemeanor of the second 19 degree. Any driver upon conviction shall pay an additional 20 fine of $500. This fine shall be in addition to and not in 21 lieu of all other fines, court expenses, jail sentences or 22 penalties. 23 (2) An offense under subsection (a) constitutes a felony 24 of the third degree if the driver, simultaneously: 25 (i) commits a violation of section 3802 (relating to 26 driving under influence of alcohol or controlled 27 substance); or <-- 28 (ii) crosses a State line; OR <-- 29 (III) ENDANGERS A LAW ENFORCEMENT OFFICER OR MEMBER 30 OF THE GENERAL PUBLIC DUE TO THE DRIVER ENGAGING IN A 20050H0804B4399 - 6 -
1 HIGH-SPEED CHASE. 2 * * * 3 Section 3. Section 4902(g)(2) of Title 75 is amended to <-- 4 read: 5 § 4902. Restrictions on use of highways and bridges. 6 * * * 7 (g) Penalty.-- 8 * * * 9 (2) Any person operating a vehicle or combination in 10 violation of a prohibition or restriction imposed under 11 subsection (b) is guilty of a summary offense and shall, upon 12 conviction, be sentenced to pay a fine of [not less than $25 13 and] not more than [$100] $500. 14 Section 4 3. This act shall take effect in 60 days. <-- 15 SECTION 7. SECTION 6103.1 OF TITLE 75 IS AMENDED TO READ: <-- 16 § 6103.1. EXEMPTION FROM ADDITIONAL REQUIREMENTS FOR HIGHWAY 17 OCCUPANCY PERMITS FOR AGRICULTURAL PURPOSES. 18 THE DEPARTMENT SHALL WAIVE ALL ADDITIONAL REQUIREMENTS FOR A 19 HIGHWAY OCCUPANCY PERMIT IN A FIFTH THROUGH EIGHTH CLASS COUNTY 20 WHEN ALL OF THE FOLLOWING CONDITIONS EXIST: 21 (1) THE STATE HIGHWAY HAS AN OVERALL WIDTH OF AT LEAST 22 33 FEET. 23 (2) NOT MORE THAN [FIVE] 25 COMBINATION VEHICLES PER 24 WEEK WILL ACCESS THE HIGHWAY. 25 (3) THE LACK OF SUFFICIENT LAND IS NOT THE RESULT OF A 26 SUBDIVISION WITHIN TEN YEARS BY THE APPLICANT. 27 (4) THE WAIVER IS NECESSARY FOR THE EXPANSION OR 28 CREATION OF AN AGRICULTURAL OPERATION WHICH LACKS OTHER 29 HIGHWAY ACCESS POINTS THAT COULD BE PERMITTED WITHOUT WAIVER. 30 (5) THE APPLICANT DOES NOT HOLD FEE SIMPLE TITLE TO LAND 20050H0804B4399 - 7 -
1 NECESSARY TO PROVIDE ACCESS WITHOUT THIS WAIVER.
2 (6) THE STATE HIGHWAY HAS AN AVERAGE DAILY TRAVEL OF
3 LESS THAN 6,500 VEHICLES PER DAY.
4 (7) THE HIGHWAY ACCESS POINT HAS A SIGHT DISTANCE OF AT
5 LEAST 500 FEET.
6 SECTION 8. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
7 (1) THE ADDITION OF 75 PA.C.S. § 1151.1(C) SHALL TAKE
8 EFFECT IN TWO YEARS.
9 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
10 DAYS.
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