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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WATSON, GEIST, SABATINA, KILLION, BOYD, BEAR, BRENNAN, CRUZ, DePASQUALE, FRANKEL, GINGRICH, HENNESSEY, KAUFFMAN, KORTZ, MAJOR, MANN, O'NEILL, PICKETT, REICHLEY, SCAVELLO, SIPTROTH, STURLA, SWANGER AND VULAKOVICH, FEBRUARY 6, 2009 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 6, 2009 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for junior driver's license, for |
3 | learners' permits, for suspension of operating privilege and |
4 | for restraint systems. |
5 | RESOLVED, That the part of this act that limits the number of |
6 | passengers a junior driver may transport in a motor vehicle at |
7 | one time may be referred to as Lacey's Law in honor of Lacey |
8 | Gallagher. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Sections 1503(c), 1505(e), 1538(e) and 4581(a) |
12 | and (b) of Title 75 of the Pennsylvania Consolidated Statutes |
13 | are amended to read: |
14 | § 1503. Persons ineligible for licensing; license issuance to |
15 | minors; junior driver's license. |
16 | * * * |
17 | (c) Junior driver's license.--The department may issue a |
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1 | junior driver's license to a person 16 or 17 years of age under |
2 | rules and regulations adopted by the department and subject to |
3 | the provisions of this section. A junior driver's license shall |
4 | automatically become a regular driver's license when the junior |
5 | driver attains 18 years of age. |
6 | (1) Except as provided in paragraph (2), no licensed |
7 | junior driver shall drive a vehicle upon a public highway |
8 | between 11 p.m. and 5 a.m. unless accompanied by a spouse 18 |
9 | years of age or older, a parent or a person in loco parentis. |
10 | (2) A licensed junior driver conforming to the |
11 | requirements of section 1507 (relating to application for |
12 | driver's license or learner's permit by minor) may drive a |
13 | vehicle upon a public highway between 11 p.m. and 5 a.m. |
14 | between the junior driver's home and activity or employment |
15 | or in the course of the junior driver's activity or |
16 | employment if the junior driver is a member of a volunteer |
17 | fire company authorized by the fire chief to engage in |
18 | fighting fires, is engaged in public or charitable service or |
19 | is employed and is carrying an affidavit or certificate of |
20 | authorization signed by the junior driver's fire chief, |
21 | supervisor or employer indicating the probable schedule of |
22 | the junior driver's activities. Upon termination of the |
23 | junior driver's activity or employment, the junior driver |
24 | shall surrender the affidavit or certificate to the fire |
25 | chief, supervisor or employer. If the junior driver shall |
26 | fail to surrender the affidavit or certificate, the employer, |
27 | fire chief or supervisor shall immediately notify the |
28 | Pennsylvania State Police. |
29 | (2.1) Except as set forth in paragraph (2.2), a junior |
30 | driver may not drive a vehicle with more than one passenger |
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1 | under 18 years of age. |
2 | (2.2) With parental or in loco parentis approval, a |
3 | junior driver may drive a vehicle with passengers who are |
4 | siblings or relatives who live in the same dwelling as the |
5 | junior driver. |
6 | (3) In addition to the other provisions of this title |
7 | relating to the suspension or revocation of operating |
8 | privileges, in the event that a licensed junior driver is |
9 | involved in an accident reportable under section 3746(a) for |
10 | which the junior driver is partially or fully responsible in |
11 | the opinion of the department or is convicted of any |
12 | violation of this title, the department may suspend the |
13 | operating privileges of the junior driver until the junior |
14 | driver attains 18 years of age or for a period of time not |
15 | exceeding 90 days. |
16 | (4) Any junior driver or other person violating any |
17 | provision of this subsection is guilty of a summary offense. |
18 | § 1505. Learners' permits. |
19 | * * * |
20 | (e) Authorization to test for driver's license and junior |
21 | driver's license.--A person with a learner's permit is |
22 | authorized to take the examination for a regular or junior |
23 | driver's license for the class of vehicle for which a permit is |
24 | held. Before a person under the age of 18 years may take the |
25 | examination for a junior driver's license, the minor must: |
26 | (1) Have held a learner's permit for that class of |
27 | vehicle for a period of six months. |
28 | (2) Present to the department a certification form |
29 | signed by the father, mother, guardian, person in loco |
30 | parentis or spouse of a married minor stating that the minor |
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1 | applicant has completed [50] 65 hours of practical driving |
2 | experience, including no less than ten hours of nighttime |
3 | driving and five hours of inclement weather driving, |
4 | accompanied as required under subsection (b). Submission of a |
5 | certification shall not subject the parent, guardian, person |
6 | in loco parentis or spouse of a married minor to any |
7 | liability based upon the certification. |
8 | (3) Have the certification form completed when the minor |
9 | is ready for the licensing examination. The certification |
10 | form shall be developed by the department and will be |
11 | provided by the department when the original application for |
12 | a learner's permit is processed. The department will make |
13 | this form readily available through the mail or electronic |
14 | means. |
15 | * * * |
16 | § 1538. School, examination or hearing on accumulation of |
17 | points or excessive speeding. |
18 | * * * |
19 | (e) Additional suspension of operating privilege.-- |
20 | (1) In addition to any other provisions of law relating |
21 | to the suspension or revocation of operating privileges, a |
22 | person's operating privileges shall be suspended under any of |
23 | the following circumstances: |
24 | (i) Prior to reaching age 18, the person violates |
25 | section 3362 (relating to maximum speed limits) by |
26 | traveling 26 miles per hour or more over the posted speed |
27 | limit and the violation results in a conviction, guilty |
28 | plea or plea of no contest before or after the person |
29 | reaches age 18. |
30 | (ii) The person accumulates six or more points under |
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1 | the provisions of section 1535 (relating to schedule of |
2 | convictions and points) and the violations resulting in |
3 | points accumulation were committed before the person |
4 | reached age 18. |
5 | (2) The first suspension under paragraph (1) shall be |
6 | for a period of 90 days with every subsequent suspension |
7 | under paragraph (1) to be for a period of 120 days. |
8 | Suspensions under paragraph (1) shall be imposed |
9 | consecutively to each other and to any other suspension. A |
10 | suspension under paragraph (1) shall be considered a |
11 | subsequent suspension even if it is imposed contemporaneously |
12 | with a first suspension imposed under paragraph (1). A |
13 | suspension under this paragraph shall be in lieu of a |
14 | suspension under subsection (d)(1). |
15 | § 4581. Restraint systems. |
16 | (a) Occupant protection.-- |
17 | (1) Any person who is operating a passenger car, Class I |
18 | truck, Class II truck, classic motor vehicle, antique motor |
19 | vehicle or motor home and who transports a child under four |
20 | years of age anywhere in the motor vehicle, including the |
21 | cargo area, shall fasten such child securely in a child |
22 | passenger restraint system, as defined in subsection (d). |
23 | This subsection shall apply to all persons while they are |
24 | operators of motor vehicles where a seating position is |
25 | available which is equipped with a seat safety belt or other |
26 | means to secure the systems or where the seating position was |
27 | originally equipped with seat safety belts. |
28 | (1.1) Any person who is operating a passenger car, Class |
29 | I truck, Class II truck, classic motor vehicle, antique motor |
30 | vehicle or motor home and who transports a child four years |
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1 | of age or older but under eight years of age anywhere in the |
2 | motor vehicle, including the cargo area, shall fasten such |
3 | child securely in a fastened safety seat belt system and in |
4 | an appropriately fitting child booster seat, as defined in |
5 | subsection (d). This paragraph shall apply to all persons |
6 | while they are operators of motor vehicles where a seating |
7 | position is available which is equipped with a seat safety |
8 | belt or other means to secure the systems or where the |
9 | seating position was originally equipped with seat safety |
10 | belts. [A conviction under this paragraph by State or local |
11 | law enforcement agencies shall occur only as a secondary |
12 | action when a driver of a motor vehicle has been convicted of |
13 | violating any other provision of this title.] |
14 | (2) (i) Except for children under [eight] 18 years of |
15 | age and except as provided in paragraphs (1) and (1.1), |
16 | each driver and front seat occupant of a passenger car, |
17 | Class I truck, Class II truck or motor home operated in |
18 | this Commonwealth shall wear a properly adjusted and |
19 | fastened safety seat belt system. [A conviction under |
20 | this paragraph by State or local law enforcement agencies |
21 | shall occur only as a secondary action when a driver of a |
22 | motor vehicle has been convicted of any other provision |
23 | of this title.] |
24 | (ii) The driver of a passenger automobile who is |
25 | under 18 years of age shall secure [or cause] himself and |
26 | cause any occupant who is eight years of age or older and |
27 | under 18 years of age to be secured in a properly |
28 | adjusted and fastened safety seat belt system [any |
29 | occupant who is eight years of age or older and less than |
30 | 18 years of age]. |
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1 | (iii) This paragraph shall not apply to: |
2 | [(i)] (A) A driver or front seat occupant of any |
3 | vehicle manufactured before July 1, 1966. |
4 | [(ii)] (B) A driver or front seat occupant who |
5 | possesses a written verification from a physician |
6 | that he is unable to wear a safety seat belt system |
7 | for physical or medical reasons, or from a |
8 | psychiatrist or other specialist qualified to make an |
9 | informed judgment that he is unable to wear a safety |
10 | seat belt system for psychological reasons. |
11 | [(iii)] (C) A rural letter carrier while |
12 | operating any motor vehicle during the performance of |
13 | his duties as a United States postal service rural |
14 | letter carrier only between the first and last |
15 | delivery points. |
16 | [(iv)] (D) A driver who makes frequent stops and |
17 | is traveling less than 15 miles per hour for the |
18 | purpose of delivering goods or services while in the |
19 | performance of his duties and only between the first |
20 | and last delivery points. |
21 | (iv) A violation of this paragraph shall not be |
22 | subject to the assessment of any points under section |
23 | 1535 (relating to schedule of convictions and points). |
24 | (3) A driver who is under 18 years of age may not |
25 | operate a motor vehicle in which the number of passengers |
26 | exceeds the number of available safety seat belts in the |
27 | vehicle. |
28 | (b) Offense.--Anyone who fails to comply with the provisions |
29 | of subsection (a)(1) or (1.1) shall be guilty of a summary |
30 | offense with a maximum fine of $100. The court imposing and |
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1 | collecting any such fines shall transfer the fines thus |
2 | collected to the State Treasurer for deposit in the Child |
3 | Passenger Restraint Fund, pursuant to section 4582 (relating to |
4 | Child Passenger Restraint Fund). Anyone who violates subsection |
5 | (a)(2) or (3) commits a summary offense and shall, upon |
6 | conviction, be sentenced to pay a fine of $10. No person shall |
7 | be convicted of a violation of subsection [(a)(2)] (a)(2) or (3) |
8 | unless the person is also convicted of another violation of this |
9 | title which occurred at the same time. No costs as described in |
10 | 42 Pa.C.S. § 1725.1 (relating to costs) shall be imposed for |
11 | summary conviction of subsection (a)(2) or (3). Conviction under |
12 | this subsection shall not constitute a moving violation. |
13 | * * * |
14 | Section 2. This act shall take effect in 60 days. |
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