Pennsylvania Helmet Law
WARNING!!!! This document was scanned in as an ASCII
file from the original fax file by nothing more
sophisticated than Winfax Pro. It had jillions of
errors, which we have cleaned up with the Word spell
checker and manual proofing. Spell checkers permit
"good" words to pass, so you may find a nay for a
may or a then for a them. You are warned. We also
lost the underlining in the original. Hopefully
the law will be printed in a clean form soon. The
reference will be Act No. 170. - - BHSI
Transmitted by fax from Senate Document Room, the Pennsylvania
Legislature, Main Capitol Complex, Harrisburg, PA 17120 on
February 3, 1995. From Jason Frye.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
No. P1823. By Senators HOLL, CORMAN, SHAFFER, SALVATORE, LAVALLE,
MOWERY, REIRMAN, BRIGHTBILL, AFFLERBACH, MUSTO, O'PAKE and
DAWIDA.
Prior Printer's No. 2345. Printer's No. 2564.
An Act amending Title 75 (Vehicles) of the Pennsylvania
Consolidated Statutes, providing for a special preserve our
heritage registration plate, for a Flagship Niagara commemorative
registration plate and for a zoological plate; further providing
for availability, scope and amount of coverage, for fines for
parking violations relating to parking spaces which are reserved
for people who have a qua1ifying handicap and for the use of
safety helmets by pedalcycle users; establishing the Pedalcycle
Helmet Fund; and providing for civil immunity.
Referred to TRANSPORTATION, Aug. 18, 1994
Reported as committed, Sept. 21, 1994
First consideration, Sept. 21, 1994
Second consideration, Sept. 27, 1994
Third consideration and final passage, Sept. 28, 1994 (49-0)
In the House
Referred to TRANSPORTATION, Oct. 3, 1994
Reported as committed, Nov. 14, 1994
First consideration, Nov. 14, 1994
Laid on the table, Nov. 14, 1994
Removed from table, Nov. 15, 1994
Second consideration, Nov. 15, 1994
Laid on the table, Nov. 15, 1994
Removed from table, Nov. 16, 1994
Third consideration, with amendments, Nov. 22, 1994
Final passage, Nov. 22, 1994 (181-14)
(Remarks see House Journal), Nov. 22, 1994
In the Senate
Referred to RULES AND EXECUTIVE NOMINATIONS, Nov. 22, 1994
Re-reported on concurrence, as committed, Nov. 22, 1994
Senate concurred in House amendments, Nov. 22, 1994 (50-0)
Signed in Senate, Nov. 22, 1994
Signed in House, Nov. 22, 1994
In hands of the Governor, Nov. 23, 1994
Last day for action, Dec. 30, 1994
Approved by the Governor, Dec. 28, 1994
Act No. 170
------------------------------------------------------------------------
HOUSE AMENDED
PRIOR PRINTER'S NO. 2345 PRINTER'S NO. 2564
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL No. 1823 Session of 1994
INTRODUCED BY HOLL, CORMAN, SHAFFER, SALVATORE, LAVALLE,
MOWERY, REIBMAN, BRIGHTBILL, AFFLERBACH, MUSTO, O'PAKE
AND DAWIDA, AUGUST 18, 1994
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF
REPRESENTATIVES, NOVEMBER 22, 1994
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania
Consolidated
2 Statutes, providing for a special preserve our heritage
3 registration plate, FOR A FLAGSHIP NIAGARA COMMEMORATIVE
4 REGISTRATION PLATE AND FOR A ZOOLOGICAL PLATE; FURTHER
5 PROVIDING FOR AVAILABILITY, SCOPE AND AMOUNT OF COVERAGE, FOR
6 FINES FOR PARKING VIOLATIONS RELATING TO PARKING SPACES WHICH
7 ARE RESERVED FOR PEOPLE WHO HAVE A QUALIFYING HANDICAP AND
8 FOR THE USE OF SAFETY HELMETS BY PEDALCYCLE USERS;
9 ESTABLISHING THE PEDALCYCLE HELMET FUND; AND PROVIDING FOR
10 CIVIL IMMUNITY.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Title 75 of the Pennsylvania Consolidated
14 Statutes is amended by adding sections to read:
15 § 1353. Preserve our heritage registration plate.
16 The department, in consultation with the Pennsylvania
17 Historical and Museum Commission, shall design a special
18 preserve our heritage registration plate. Upon receipt of an
19 application, accompanied by a fee of $35 which shall be in
20 addition to the annual registration fee, the department shall
-----------------------------------------------------------------
1 issue the plate for a passenger car, motor home, trailer or
2 truck with a gross vehicle weight rating of not more than 9,000
3 pounds. The Historical Preservation Fund shall receive $15 of
4 each additional fee for this plate.
5 << lined out text here had said "Section 2. This act shall >>
<< take effect in 120 days. -BHSI >>
6 § 1354. FLAGSHIP NIAGARA COMMEMORATIVE REGISTRATION PLATE.
7 (A) PLATE.--THE DEPARTMENT, IN CONSULTATION WITH THE
8 PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION, SHALL DESIGN A
9 FLAGSHIP NIAGARA COMMEMORATIVE REGISTRATION PLATE. UPON
10 APPLICATION OF ANY PERSON, ACCOMPANIED BY A FEE OF $35 WHICH
11 SHALL BE IN ADDITION TO THE ANNUAL REGISTRATION FEE, THE
12 DEPARTMENT SHALL ISSUE THE PLATE FOR A PASSENGER CAR, MOTOR
13 HOME, TRAILER OR TRUCK WITH A REGISTERED GROSS WEIGHT OF NOT
14 MORE THAN 9,000 POUNDS.
15 (B) USE OF FEE.--OF EACH FEE PAID UNDER SUBSECTION (A), $15
16 SHALL BE DEPOSITED INTO THE FLAGSHIP NIAGARA ACCOUNT, WHICH IS
17 ESTABLISHED AS A SPECIAL ACCOUNT IN THE HISTORICAL PRESERVATION
18 FUND OF THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION. THE
19 COMMISSION SHALL ADMINISTER THE ACCOUNT AS FOLLOWS:
20 (1) TO PRESERVE, MAINTAIN AND OPERATE THE FLAGSHIP
21 NIAGARA.
22 (2) AFTER MAKING A DETERMINATION THAT THERE HAS BEEN
23 COMPLIANCE WITH PARAGRAPH (1) FOR A FISCAL YEAR, TO
24 CONTRIBUTE TO THE FUND.
25 § 1355. ZOOLOGICAL PLATE.
26 THE DEPARTMENT, IN CONSULTATION WITH THE PENNSYLVANIA
27 ZOOLOGICAL COUNCIL, SHALL DESIGN A SPECIAL ZOOLOGICAL
28 REGISTRATION PLATE. UPON APPLICATION OF ANY PERSON, ACCOMPANIED
29 BY A FEE OF $35 WHICH SHALL BE IN ADDITION TO THE ANNUAL
30 REGISTRATION FEE, THE DEPARTMENT SHALL ISSUE THE PLATE FOR A
l9940Sl823B2564
- 2 -
-------------------------------------------------------------------
1 PASSENGER CAR OR TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF NOT
2 MORE THAN 9,000 POUNDS. THE ZOOLOGICAL ENHANCEMENT FUND SHALL
3 RECEIVE $15 OF THE FEE PAID BY THE APPLICANT FOR THE PLATE.
4 SECTION 2. SECTION 1731 OF TITLE 75 IS AMENDED BY ADDING A
5 SUBSECTION TO READ:
6 § 1731. AVAILABILITY, SCOPE AND AMOUNT OF COVERAGE.
7 * * *
8 (B.l) LIMITATION OF REJECTION.--UNINSURED MOTORIST COVERAGE
9 CANNOT BE REJECTED ON MOTOR VEHICLE LIABILITY INSURANCE POLICIES
10 WRITTEN FOR VEHICLES REFERRED TO AS "COMMON CARRIERS BY MOTOR
11 VEHICLE" AS DEFINED IN 66 PA.C.S. § 102 (RELATING TO
12 DEFINITIONS). UNINSURED MOTORIST PROTECTION MAY BE REJECTED FOR
13 THE DRIVER AND PASSENGERS FOR RENTAL OR LEASE VEHICLES WHICH ARE
14 NOT OTHERWISE COMMON CARRIERS BY MOTOR VEHICLE, BUT SUCH
15 COVERAGE MAY ONLY BE REJECTED IF THE RENTAL OR LEASE AGREEMENT
16 IS SIGNED BY THE PERSON RENTING OR LEASING THE VEHICLE AND
17 CONTAINS THE FOLLOWING REJECTION LANGUAGE:
18 REJECTION OF UNINSURED MOTORIST PROTECTION
19 I AM REJECTING UNINSURED MOTORIST COVERAGE UNDER THIS
20 RENTAL OR LEASE AGREEMENT, AND ANY POLICY OF INSURANCE OR
21 SELF-INSURANCE ISSUED UNDER THIS AGREEMENT, FOR MYSELF
22 AND ALL OTHER PASSENGERS OF THIS VEHICLE. UNINSURED
23 COVERAGE PROTECTS ME AND OTHER PASSENGERS IN THIS VEHICLE
24 FOR LOSSES AND DAMAGES SUFFERED IF INJURY IS CAUSED BY
25 THE NEGLIGENCE OF A DRIVER WHO DOES NOT HAVE ANY
26 INSURANCE TO PAY FOR LOSSES AND DAMAGES.
27 * * *
28 SECTION 3. SECTION 3354 OF TITLE 75 IS AMENDED BY ADDING A
29 SUBSECTION TO READ:
30 § 3354. ADDITIONAL PARKING REGULATIONS.
19940S1823B2564 - 3
-------------------------------------------------------------------------
1 * * *
2 (0) SPECIAL PENALTY; DISPOSITION.--
3 (1) IN ADDITION TO ANY OTHER PENALTY IMPOSED UNDER THIS
4 SECTION, ANY PERSON WHO IS CONVICTED OF VIOLATING SUBSECTION
5 (D) (2) OR (3) SHALL BE SENTENCED TO PAY A FINE OF $50.
6 (2) ALL FINES COLLECTED UNDER THIS SUBSECTION SHALL BE
7 DISPOSED OF AS FOLLOWS:
8 (I) NINETY-FIVE PERCENT SHALL BE PAID TO THE
9 DEPARTMENT OF REVENUE, TRANSMITTED TO THE TREASURY
10 DEPARTMENT AND CREDITED TO THE DEPARTMENT OF PUBLIC
11 WELFARE FOR USE FOR THE ATTENDANT CARE PROGRAM.
12 (II) FIVE PERCENT SHALL BE PAID TO THE MUNICIPALITY
13 IN WHICH THE OFFENSE OCCURRED.
14 SECTION 4. SECTION 3510 OF TITLE 75 IS AMENDED TO READ:
15 § 3510. PEDALCYCLE HELMETS FOR CERTAIN PERSONS.
<< BHSI note: The next section has a number of bracketed lines >>
<< which were deleted from the law. >>
16 (A) GENERAL RULE.--[NO PERSON OPERATING A PEDALCYCLE SHALL
17 ALLOW ANY PERSON WHO IS FIVE YEARS OF AGE OR YOUNGER TO] A
18 PERSON UNDER 12 YEARS OF AGE SHALL NOT OPERATE A PEDALCYCLE OR
19 RIDE AS A PASSENGER ON A PEDALCYCLE UNLESS [THAT PASSENGER] THE
20 PERSON IS WEARING A PEDALCYCLE HELMET MEETING THE STANDARDS OF
21 THE AMERICAN NATIONAL STANDARDS INSTITUTE OR OF THE SNELL
22 MEMORIAL FOUNDATION'S STANDARDS FOR PROTECTIVE HEADGEAR FOR USE
23 IN BICYCLING. THIS SUBSECTION SHALL ALSO APPLY TO A PERSON WHO
24 RIDES:
25 (1) UPON A PEDALCYCLE WHILE IN A RESTRAINING SEAT
26 ATTACHED TO A PEDALCYCLE; OR
27 (2) IN A TRAILER TOWED BY A PEDALCYCLE.
28 [[(B) PROOF OF PURCHASE.--THE FIRST VIOLATION OF SUBSECTION
29 (A) BY ANY PERSON MAY BE DISMISSED BY THE COURT IF THE PERSON
30 CHARGED PRODUCES PROOF THAT A HELMET MEETING THE STANDARDS
19940S1823B2564 - 4
------------------------------------------------------------------
1 PRESCRIBED IN SUBSECTION (A) HAS BEEN PURCHASED FOR USE BY THE
2 PASSENGER FIVE YEARS OF AGE OR YOUNGER.]
3 (B) HELMET TO BE LABELED.--ANY HELMET SOLD OR OFFERED FOR
4 SALE FOR USE BY OPERATORS AND PASSENGERS OF PEDALCYCLES SHALL BE
5 CONSPICUOUSLY LABELED IN ACCORDANCE WITH THE STANDARD DESCRIBED
6 IN SUBSECTION (A), WHICH SHALL CONSTITUTE THE MANUFACTURER'S
7 CERTIFICATION THAT THE HELMET CONFORMS TO THE APPLICABLE SAFETY
8 STANDARDS.
9 (B.l) SALE OF HELMET.--NO PERSON SHALL SELL OR OFFER FOR
10 SALE FOR USE BY AN OPERATOR OR PASSENGER OF A PEDALCYCLE A
11 HELMET WHICH IS NOT OF A TYPE MEETING THE REQUIREMENTS
12 ESTABLISHED BY THIS SECTION.
13 (B.2) WAIVER OF FINE.--IF A PERSON RECEIVES A CITATION
14 ISSUED BY THE PROPER AUTHORITY FOR VIOLATION OF SUBSECTION
(A),
15 A DISTRICT JUSTICE, MAGISTRATE OR JUROR SHALL DISMISS THE
16 CHARGES IF THE PERSON PRIOR TO OR AT HIS HEARING DISPLAYS
17 EVIDENCE OF ACQUISITION OF A HELMET MEETING THE STANDARDS
18 PRESCRIBED IN SUBSECTION (A) TO SUCH DISTRICT JUSTICE,
19 MAGISTRATE OR JUROR. SUFFICIENT EVIDENCE SHALL INCLUDE A RECEIPT
20 MAILED TO THE APPROPRIATE COURT OFFICER WHICH EVIDENCES PURCHASE
21 OR TRANSFER OF SUCH A HELMET FROM ANOTHER HELMET OWNER,
22 EVIDENCED BY A NOTARIZED LETTER.
23 (C) CIVIL ACTIONS.--IN NO EVENT SHALL A VIOLATION OR ALLEGED
24 VIOLATION OF SUBSECTION (A) BE USED AS EVIDENCE IN A TRIAL OF
25 ANY CIVIL ACTION; NOR SHALL ANY JURY IN A CIVIL ACTION BE
26 INSTRUCTED THAT ANY CONDUCT DID CONSTITUTE OR COULD BE
27 INTERPRETED BY THEM TO CONSTITUTE A VIOLATION OF SUBSECTION (A);
28 NOR SHALL FAILURE TO USE A PEDALCYCLE HELMET BE CONSIDERED AS
29 CONTRIBUTORY NEGLIGENCE NOR SHALL FAILURE TO USE A PEDALCYCLE
30 HELMET BE ADMISSIBLE AS EVIDENCE IN THE TRIAL OF ANY CIVIL
19940S1823B2564 - 5
---------------------------------------------------------------------
1 ACTION.
2 (D) PENALTY.--NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW,
3 ANY VIOLATION OF SUBSECTION (A) IS PUNISHABLE BY A FINE,
4 INCLUDING ALL PENALTIES, ASSESSMENTS AND COURT COSTS IMPOSED ON
5 THE CONVICTED PERSON NOT TO EXCEED $25. [[PERSONS AGE 17 AND
6 UNDER SHALL NOT BE SUBJECT TO THE PENALTY PROVISIONS OF THIS
7 SUBSECTION ON THE FIRST OFFENSE.] THE COURT IMPOSING AND
8 COLLECTING ANY SUCH FINES SHALL TRANSFER THE FINES THUS
9 COLLECTED TO THE STATE TREASURER FOR DEPOSIT IN THE PEDALCYCLE
10 HELMET FUND, PURSUANT TO SECTION 3512 (RELATING TO PEDALCYCLE
11 HELMET FUND). THE PARENT OR LEGAL GUARDIAN HAVING CONTROL OR
12 CUSTODY OF A PERSON UNDER 12 YEARS OF AGE WHOSE CONDUCT VIOLATES
13 THIS SECTION SHALL BE JOINTLY AND SEVERALLY LIABLE WITH THE
14 PERSON FOR THE AMOUNT OF THE FINE IMPOSED.
15 (E) DEFINITIONS.--AS USED IN THIS SECTION, THE TERM "WEARING
16 A PEDALCYCLE HELMET" MEANS HAVING A PEDALCYCLE HELMET OF GOOD
17 FIT FASTENED SECURELY UPON THE HEAD WITH THE HELMET STRAPS.
18 SECTION 5. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:
19 § 3512. PEDALCYCLE HELMET FUND.
20 THE PEDALCYCLE HELMET FUND IS ESTABLISHED IN THE GENERAL FUND
21 AS A SPECIAL RESTRICTED RECEIPTS ACCOUNT EARMARKED FOR AND
22 APPROPRIATED TO THE DEPARTMENT OF TRANSPORTATION. THIS FUND
23 SHALL CONSIST OF ALL FINES DEPOSITED PURSUANT TO SECTION 3510
24 (RELATING TO PEDALCYCLE HELMETS FOR CERTAIN PERSONS), ALL
25 FEDERAL FUNDS GRANTED FOR SUCH USE AND ANY MONEY DONATED TO THE
26 FUND. ALL MONEY IN THE PEDALCYCLE HELMET FUND SHALL BE USED
27 SOLELY FOR THE PURPOSE OF PURCHASING PEDALCYCLE HELMETS MEETING
28 THE STANDARDS OF THE AMERICAN NATIONAL STANDARDS INSTITUTE OR OF
29 THE SNELL MEMORIAL FOUNDATION'S STANDARDS FOR PROTECTIVE
30 HEADGEAR FOR USE IN BICYCLING AND MAKING SUCH HELMETS AVAILABLE
19940S1823B2564 - 6
----------------------------------------------------------------------
1 TO QUALIFIED LOANER PROGRAMS WITHIN THIS COMMONWEALTH. A
2 QUALIFIED LOANER PROGRAM SHALL BE ONE DETERMINED BY THE
3 DEPARTMENT TO LEND APPROVED PEDALCYCLE HELMETS TO PARENTS OR
4 LEGAL GUARDIANS OF CHILDREN UNDER 12 YEARS OF AGE WHO, DUE TO
5 FINANCIAL OR ECONOMIC HARDSHIP, ARE UNABLE TO COMPLY WITH THE
6 PROVISIONS OF SECTION 3510. THE DEPARTMENT SHALL ADOPT SUCH
7 REGULATIONS AS ARE NECESSARY TO EFFECTUATE THE PURPOSE OF THIS
8 SECTION.
9 § 3513. CIVIL IMMUNITY FOR LENDERS OF PEDALCYCLE HELMETS.
10 NO PERSON OR ORGANIZATION WHO OR WHICH LENDS TO ANOTHER
11 PERSON OR ORGANIZATION A PEDALCYCLE HELMET, AS DESCRIBED IN
12 SECTION 3510 (RELATING TO PEDALCYCLE HELMETS FOR CERTAIN
13 PERSONS), SHALL BE LIABLE FOR ANY CIVIL DAMAGES RESULTING FROM
14 ANY ACT OR OMISSION, EXCEPT ANY ACT OR OMISSION INTENTIONALLY
15 DESIGNED TO HARM OR ANY GROSSLY NEGLIGENT ACT OR OMISSION
16 RESULTING IN HARM TO ANOTHER.
17 SECTION 6. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
18 (1) THE ADDITION OF 75 PA.C.S. § 1353 SHALL TAKE EFFECT
19 IN 120 DAYS.
20 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
21 DAYS.
H1L75WMB/19940S1823B2564 - 7
end of our text file
This page was last revised on: November 13, 2003.
Contact us.
|