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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HICKERNELL, BAKER, BEAR, BOBACK, CALTAGIRONE, D. COSTA, CREIGHTON, CUTLER, DAVIS, DAY, DENLINGER, FLECK, GEIST, GILLESPIE, GINGRICH, GOODMAN, GROVE, HALUSKA, HESS, KAVULICH, KILLION, KNOWLES, MANN, MICOZZIE, MILLARD, MILLER, MILNE, MURT, M. O'BRIEN, O'NEILL, PAYNE, PEIFER, PYLE, RAPP, READSHAW, ROCK, SANTARSIERO, SCAVELLO, K. SMITH, STERN, SWANGER, VULAKOVICH, WATSON AND YOUNGBLOOD, FEBRUARY 14, 2011 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 14, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for additional parking |
3 | regulations. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 3354(d)(3), (e) and (f) of Title 75 of |
7 | the Pennsylvania Consolidated Statutes are amended to read: |
8 | § 3354. Additional parking regulations. |
9 | * * * |
10 | (d) Person with a disability and disabled veterans.-- |
11 | * * * |
12 | (3) (i) Except for persons parking vehicles |
13 | lawfully bearing a person with a disability or severely |
14 | disabled veteran registration plate or displaying a |
15 | person with a disability or severely disabled veteran |
16 | parking placard when such vehicles are being operated by |
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1 | or for the transportation of a person with a disability |
2 | or a severely disabled veteran, no person shall park a |
3 | vehicle on public or private property reserved for a |
4 | person with a disability or severely disabled veteran |
5 | which property has been so posted in accordance with |
6 | departmental regulations. Regulations shall require that |
7 | parking spaces designated with an international symbol |
8 | for access for persons with disabilities on a sign are |
9 | posted with a sign stating the penalty amount indicated |
10 | in subsection (f) and that vehicles in violation of the |
11 | subsection may be towed and require that signs be |
12 | replaced when they become either obsolete or missing with |
13 | all costs to replace the necessary signs to be borne by |
14 | the persons responsible for signing the particular |
15 | location. The absence of a sign stating the penalty |
16 | amount at parking spaces designated with an international |
17 | symbol for access for persons with disabilities shall not |
18 | preclude the enforcement of this subsection. A vehicle |
19 | which is unlawfully parked in a designated person with a |
20 | disability parking area may be removed from that area by |
21 | towing and may be reclaimed by the vehicle owner upon |
22 | payment of the towing costs. A vehicle may only be towed |
23 | under this paragraph if the parking space is posted with |
24 | a sign indicating that vehicles in violation of this |
25 | section may be towed. |
26 | (ii) Local authorities shall have the power and may, |
27 | by ordinance or resolution, authorize a person with a |
28 | disability and severely disabled veterans to issue |
29 | statements to violators or violating vehicles for |
30 | violation of subparagraph (i). The form of the statement |
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1 | shall be as prescribed by the local authorities. |
2 | (iii) No occupancy or driveway permit may be issued |
3 | to a person whose property is reserved for a person with |
4 | a disability or a severely disabled veteran if the |
5 | property is not posted with a sign stating the penalty |
6 | amount indicated in subsection (f). |
7 | (iv) No person shall park in a manner that makes |
8 | inaccessible or blocks the access aisle located next to a |
9 | parking space reserved for persons with physical |
10 | disabilities which is mandated under the Americans with |
11 | Disabilities Act of 1990 (Public Law 101-336, 104 Stat. |
12 | 327). |
13 | (e) Unauthorized use.-- |
14 | (1) An operator of a vehicle bearing a person with a |
15 | disability or severely disabled veteran plate or displaying a |
16 | person with a disability or severely disabled veteran parking |
17 | placard shall not make use of the parking privileges accorded |
18 | to a person with a disability and severely disabled veterans |
19 | under subsection (d)(3) unless the operator is a person with |
20 | a disability or a severely disabled veteran or unless the |
21 | vehicle is being operated for the transportation of a person |
22 | with a disability or severely disabled veteran. |
23 | (2) A law enforcement officer may request from an |
24 | operator of a vehicle bearing a person with a disability or |
25 | severely disabled veteran parking placard the disability |
26 | identification card that is issued by the department at the |
27 | time the placard is issued whenever an officer suspects a |
28 | violation of this section. Failure to comply with this |
29 | request for identification may result in the officer issuing |
30 | a citation for violation of this section. |
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1 | * * * |
2 | (f) Penalty.-- |
3 | (1) A person violating subsection (a), (b) or (d)(1) is |
4 | guilty of a summary offense and shall, upon conviction, be |
5 | sentenced to pay a fine of not more than $15. |
6 | (2) A person violating subsection (d)(2) or (3) or (e) |
7 | is guilty of a summary offense and shall, upon conviction, be |
8 | sentenced to pay a fine of not less than $50 nor more than |
9 | $200. If a person is convicted under subsection (d)(2) or (3) |
10 | in the absence of a sign stating the penalty amount, the fine |
11 | imposed may not exceed $50. |
12 | (3) A person violating subsection (e)(2) is guilty of a |
13 | summary offense and shall, upon conviction, be sentenced to |
14 | pay a fine of $50. |
15 | * * * |
16 | Section 2. This act shall take effect in 60 days. |
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