Bill Summary – FastDemocracy

HOUSE AMENDED
     PRIOR PRINTER'S NOS. 1527, 1682                    PRINTER'S NO.   1915
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                        SENATE BILL
                        No. 1147
                                                 Session of
                                                   2024
     INTRODUCED BY BARTOLOTTA, PENNYCUICK, DiSANTO, KEARNEY,
        BREWSTER, BAKER, VOGEL, COSTA, STEFANO, ROTHMAN, FLYNN,
        FARRY, ARGALL, MILLER AND BROOKS, APRIL 22, 2024
     AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
        REPRESENTATIVES, AS AMENDED, SEPTEMBER 30, 2024
                                    AN ACT
 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
    Statutes, IN RULES OF THE ROAD IN GENERAL, FURTHER PROVIDING     <--
    FOR PROHIBITING USE OF HEARING IMPAIRMENT DEVICES AND FOR
    ADDITIONAL PARKING REGULATIONS; in inspection of vehicles,
    further providing for inspection of motorcycles.; AND, IN        <--
    MOTORCYCLES, FURTHER PROVIDING FOR MOTORCYCLE SAFETY
    EDUCATION PROGRAM.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    Section 4708 of Title 75 of the Pennsylvania       <--
 Consolidated Statutes is amended to read:
    SECTION 1.    SECTION 3314(B) OF TITLE 75 OF THE PENNSYLVANIA    <--
 CONSOLIDATED STATUTES IS AMENDED TO READ:
 § 3314.    PROHIBITING USE OF HEARING IMPAIRMENT DEVICES.
    * * *
    (B)    EXCEPTION.--THIS SECTION DOES NOT PROHIBIT THE USE OF
 HEARING AIDS OR OTHER DEVICES FOR IMPROVING THE HEARING OF THE
 DRIVER, NOR DOES IT PROHIBIT THE USE OF A HEADSET IN CONJUNCTION
 WITH A CELLULAR TELEPHONE THAT ONLY PROVIDES SOUND THROUGH ONE
 EAR AND ALLOWS SURROUNDING SOUNDS TO BE HEARD WITH THE OTHER
 EAR, NOR DOES IT PROHIBIT THE USE OF COMMUNICATION EQUIPMENT BY
 THE DRIVER OF AN EMERGENCY VEHICLE OR BY MOTORCYCLE OPERATORS
 COMPLYING WITH SECTION 3525 (RELATING TO PROTECTIVE EQUIPMENT
 FOR MOTORCYCLE RIDERS)[.], NOR DOES IT PROHIBIT MOTORCYCLE
 OPERATORS COMPLYING WITH SECTION 3525 FROM WEARING OR USING ONE
 OR MORE HEADPHONES OR EARPHONES OR PROTECTIVE HEADGEAR WITH THE
 SAME CAPABILITIES.
    SECTION 2.     SECTION 3354(D)(2.1) AND (F) OF TITLE 75 ARE
 AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO
 READ:
 § 3354.    ADDITIONAL PARKING REGULATIONS.
    * * *
    (B.1)    PROTECTED PEDESTRIAN PLAZAS AND PEDALCYCLE LANES.--
           (1)   WHEN THERE IS AN ON-STREET PEDESTRIAN PLAZA OR A
    PEDALCYCLE LANE ADJACENT TO THE RIGHT-HAND CURB OF A TWO-WAY
    OR ONE-WAY HIGHWAY, A VEHICLE STANDING OR PARKED UPON THE
    RIGHT-HAND SIDE OF THE TWO-WAY OR ONE-WAY HIGHWAY SHALL BE
    POSITIONED IN THE DIRECTION OF AUTHORIZED TRAFFIC MOVEMENT
    WITH THE RIGHT-HAND WHEELS OF THE VEHICLE PARALLEL TO AND
    WITHIN 12 INCHES OF THE OUTSIDE LINE OF THE BUFFER AREA
    BETWEEN THE PEDESTRIAN PLAZA OR PEDALCYCLE LANE AND PARKING.
           (2)   WHEN THERE IS AN ON-STREET PEDESTRIAN PLAZA OR A
    PEDALCYCLE LANE ADJACENT TO THE LEFT-HAND CURB OF A ONE-WAY
    OR MEDIAN-DIVIDED, TWO-WAY HIGHWAY, A VEHICLE STANDING OR
    PARKED UPON THE LEFT-HAND SIDE OF THE HIGHWAY SHALL BE
    POSITIONED IN THE DIRECTION OF AUTHORIZED TRAFFIC MOVEMENT
    WITH THE LEFT-HAND WHEELS OF THE VEHICLE PARALLEL TO AND
    WITHIN 12 INCHES OF THE OUTSIDE LINE OF THE BUFFER AREA
    BETWEEN THE PEDESTRIAN PLAZA OR PEDALCYCLE LANE AND PARKING.
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          (3)   NOTHING UNDER THIS SECTION SHALL BE DEEMED TO
    PREVENT A LOCAL AUTHORITY FROM ENACTING PARKING REGULATIONS
    UNDER SECTION 6109 (RELATING TO SPECIFIC POWERS OF DEPARTMENT
    AND LOCAL AUTHORITIES) TO PROVIDE FOR A SPECIAL, ALTERNATIVE
    OR TEMPORARY CONFIGURATION AND SIGNAGE FOR PARKING ON A
    HIGHWAY WITH AN ON-STREET PEDESTRIAN PLAZA OR PEDALCYCLE
    LANE.
          (4)   NOTHING UNDER THIS SECTION SHALL BE DEEMED TO APPLY
    TO THE STOPPING OR STANDING OF SCHOOL BUSES OR SCHOOL
    VEHICLES WHEN RECEIVING OR DISCHARGING SCHOOL STUDENTS. A
    SCHOOL BUS OR SCHOOL VEHICLE MAY STOP OR STAND AS CLOSE AS
    PRACTICABLE TO THE CURB OR SHOULDER.
    * * *
    (D)   PERSON WITH A DISABILITY AND DISABLED VETERANS.--
          * * *
          (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).
          * * *
    (F)   PENALTY.--A PERSON VIOLATING SUBSECTION (A), (B), (B.1)
 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
20240SB1147PN1915                    - 3 -
 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.
    * * *
    SECTION 3.     SECTION 4708 OF TITLE 75 IS AMENDED TO READ:
 § 4708.    Inspection of motorcycles.
    [An annual system of inspections in accordance with section
 4702 (relating to requirement for periodic inspection of
 vehicles) shall be established for motorcycles according to the
 following schedule:
           (1)   Motorcycles whose registrations expire in the months
    of January and July shall be inspected in the months of May,
    June or July.
           (2)   Motorcycles whose registrations expire in the months
    of February and August shall be inspected in the months of
    June, July or August.
           (3)   Motorcycles whose registrations expire in the months
    of March and September shall be inspected in the months of
    July, August or September.
           (4)   Motorcycles whose registrations expire in the months
    of April and October shall be inspected in the months of
    August, September or October.
           (5)   Motorcycles whose registrations expire in the months
    of May and November shall be inspected in the months of
    March, April or May.
           (6)   Motorcycles whose registrations expire in the months
    of June and December shall be inspected in the months of
    April, May or June.] A motorcycle shall be inspected annually
    and shall receive a safety inspection sticker valid for one
20240SB1147PN1915                     - 4 -
    year from the expiration of the safety inspection sticker
    which is about to expire. A safety inspection sticker for a
    motorcycle may not be issued for more than 15 months from the
    month of inspection. If a motorcycle does not display a
    currently valid certificate of inspection, the motorcycle
    shall receive a safety inspection sticker valid for one year
    from the month of inspection.                                    <--
    Section 2.     This act shall take effect in 60 days.
    SECTION 4.     SECTION 7911 OF TITLE 75 IS AMENDED BY ADDING A   <--
 SUBSECTION TO READ:
 § 7911.    MOTORCYCLE SAFETY EDUCATION PROGRAM.
    * * *
    (C)    REFUNDABLE REGISTRATION FEE.--
           (1)   NO FEE SHALL BE CHARGED TO AN INDIVIDUAL WHO
    REGISTERS FOR AN APPROVED MOTORCYCLE SAFETY COURSE EXCEPT FOR
    A NOMINAL REGISTRATION FEE AS DETERMINED BY THE DEPARTMENT
    WHICH SHALL NOT EXCEED $50 AND SHALL BE REFUNDED IF THE
    INDIVIDUAL ATTENDS THE APPROVED MOTORCYCLE SAFETY COURSE. ANY
    NOMINAL REGISTRATION FEE NOT REFUNDED UNDER THIS SUBSECTION
    SHALL BE DEPOSITED INTO THE MOTORCYCLE SAFETY EDUCATION
    ACCOUNT ESTABLISHED UNDER SECTION 7905 (RELATING TO
    RESTRICTED RECEIPTS ACCOUNT).
           (2)   WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THIS
    SUBSECTION, THE DEPARTMENT SHALL ISSUE A REPORT ANALYZING THE
    EFFECT OF THE FEE AUTHORIZED UNDER THIS SUBSECTION ON
    ENROLLMENT IN MOTORCYCLE SAFETY COURSES. THE REPORT SHALL BE
    ISSUED TO THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
    TRANSPORTATION COMMITTEE OF THE SENATE AND THE CHAIRPERSON
    AND MINORITY CHAIRPERSON OF THE TRANSPORTATION COMMITTEE OF
    THE HOUSE OF REPRESENTATIVES AND POSTED ON THE DEPARTMENT'S
20240SB1147PN1915                     - 5 -
  PUBLICLY ACCESSIBLE INTERNET WEBSITE. THE REPORT SHALL
  INCLUDE ALL OF THE FOLLOWING:
            (I)    DATA REGARDING THE NUMBER OF INDIVIDUALS WHO
      COMPLETED A MOTORCYCLE SAFETY COURSE PRIOR TO THE
      EFFECTIVE DATE OF THIS SUBSECTION.
            (II)    DATA REGARDING THE NUMBER OF INDIVIDUALS WHO
      ENROLLED IN A MOTORCYCLE SAFETY COURSE PRIOR TO THE
      EFFECTIVE DATE OF THIS SUBSECTION AND FAILED TO ATTEND
      THE MOTORCYCLE SAFETY COURSE.
            (III)    DATA REGARDING THE NUMBER OF INDIVIDUALS WHO
      COMPLETED A MOTORCYCLE SAFETY COURSE AFTER THE EFFECTIVE
      DATE OF THIS SUBSECTION.
            (IV)    DATA REGARDING THE NUMBER OF INDIVIDUALS WHO
      ENROLLED IN A MOTORCYCLE SAFETY COURSE AFTER THE
      EFFECTIVE DATE OF THIS SUBSECTION AND FAILED TO ATTEND
      THE MOTORCYCLE SAFETY COURSE.
            (V)    THE TOTAL AMOUNT OF FEES REFUNDED UNDER THIS
      SUBSECTION.
            (VI)    THE TOTAL AMOUNT OF FEES DEPOSITED INTO THE
      MOTORCYCLE SAFETY EDUCATION ACCOUNT UNDER THIS
      SUBSECTION.
            (VII)    SUGGESTED STATUTORY CHANGES THAT MAY IMPROVE
      ENROLLMENT IN MOTORCYCLE SAFETY COURSES.
            (VIII)    ANY OTHER INFORMATION AT THE DISCRETION OF
      THE DEPARTMENT.
  SECTION 5.      THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
      (1)   THE ADDITION OF 75 PA.C.S. § 7911(C) SHALL TAKE
  EFFECT IN 42 MONTHS.
      (2)   THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
      (3)   THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
20240SB1147PN1915                   - 6 -
   DAYS.
20240SB1147PN1915   - 7 -
Statutes/Laws affected: 
Printer's No. 1527: 75-4708
Printer's No. 1682: 75-4708