Bill Text: PA SB152 | 2009-2010 | Regular Session | Introduced

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Bill Title: In preliminary provisions, further providing for definitions; in special vehicles and pedestrians, providing for regulation and operation of neighborhood electric vehicles; and, in inspection of vehicles, further providing for operation of vehicle without official certificate of inspection.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-05-04 - Re-referred to APPROPRIATIONS [SB152 Detail]

Download: Pennsylvania-2009-SB152-Introduced.html

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PRINTER'S NO. 122
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 152 Session of2009
INTRODUCED BY GREENLEAF, PIPPY, TOMLINSON, TARTAGLIONE, WAUGH, STOUT, KITCHEN, O'PAKE, FERLO, ALLOWAY, WONDERLING, STACK AND BOSCOLA, JANUARY 30, 2009
REFERRED TO TRANSPORTATION, JANUARY 30, 2009
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in preliminary provisions, further providing for
definitions; in special vehicles and pedestrians, providing
for regulation and operation of neighborhood electric
vehicles; and, in inspection of vehicles, further providing
for operation of vehicle without official certificate of
inspection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Neighborhood electric vehicle." A four-wheeled electric
vehicle that has a maximum design speed of not less than 20
miles per hour and of not more than 25 miles per hour and that
is certified by the manufacturer to comply with the Federal
motor vehicle safety standards established in 49 CFR § 571.500
(relating to Standard No. 500; Low-speed vehicles).
* * *
Section 2. Chapter 35 of Title 75 is amended by adding a
subchapter to read:
SUBCHAPTER F
OPERATION OF NEIGHBORHOOD ELECTRIC VEHICLES
Sec.
3591. Scope of subchapter.
3592. Required equipment.
3593. Operation on certain highways or roadways.
3594. Licensing, financial responsibility, titling and
registration.
3595. Seating limitation.
3596. Waiver of liability.
§ 3591. Scope of subchapter.
This subchapter applies to the operation of neighborhood
electric vehicles on certain highways or roadways in this
Commonwealth.
§ 3592. Required equipment.
(a) General rule.--A neighborhood electric vehicle operated
upon any highway or roadway in this Commonwealth shall be
maintained in proper condition and comply with the equipment
requirements and standards as set forth in 49 CFR § 571.500
(relating to Standard No. 500; Low-speed vehicles). A
neighborhood electric vehicle operated upon any highway or
roadway in this Commonwealth shall be equipped with the
following additional equipment:
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(1) Brakes adequate to control the movement of and to
stop such vehicle.
(2) An odometer.
(3) A speedometer.
(4) The original manufacturer's vehicle identification
number die stamped upon the body or frame, or both, of the
vehicle or the original manufacturer's vehicle identification
number die stamped upon the engine or motor of the vehicle.
(b) Exemption.--A neighborhood electric vehicle shall be
exempt from equipment requirements not enumerated in this
subchapter.
(c) Slow moving vehicle emblem.--A neighborhood electric
vehicle shall have a slow moving vehicle emblem affixed in a
conspicuous place on the rear of the vehicle consistent with the
provisions of section 4529 (relating to slow moving vehicle
emblem).
(d) Penalties.--Any person who operates a neighborhood
electric vehicle without the equipment prescribed in this
section shall be subject to the penalties under section 6502
(relating to summary offenses).
§ 3593. Operation on certain highways or roadways.
(a) Operation on State highways.--
(1) Except as otherwise provided under paragraphs (2)
and (3), a neighborhood electric vehicle may not be operated
upon any highway or roadway under the jurisdiction of the
department with a posted speed in excess of 25 miles per
hour.
(2) The secretary may, by order, permit the use of a
neighborhood electric vehicle upon any highway or roadway
under the jurisdiction of the department where the posted
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speed limit is greater than 25 miles per hour but not greater
than 35 miles per hour.
(3) The secretary may, by order, prohibit the use of a
neighborhood electric vehicle on any street under the
jurisdiction of the department where the secretary determines
that the operation of a neighborhood electric vehicle would
constitute a hazard.
(4) Any order issued by the secretary under paragraph
(2) or (3) shall be published in the Pennsylvania Bulletin.
(b) Operation on local roadways.--
(1) Except as otherwise provided under paragraph (2) or
(3), a neighborhood electric vehicle may not be operated upon
any highway or roadway under the jurisdiction of a local
authority with a posted speed limit in excess of 25 miles per
hour.
(2) Local authorities may, by ordinance or resolution,
as appropriate, in the case of any roadway under their
jurisdiction, permit the use of a neighborhood electric
vehicle where the posted speed limit is greater than 25 miles
per hour but not greater than 35 miles per hour.
(3) A local authority may, by ordinance or resolution,
as appropriate, prohibit the use of a neighborhood electric
vehicle on any roadway where the local authority determines
that the operation of a neighborhood electric vehicle would
constitute a hazard.
(c) Intersection with State highways.--
(1) A neighborhood electric vehicle may enter an
intersection and cross any highway or roadway under the
jurisdiction of the department where the posted speed limit
is 35 miles per hour or less, provided that, if the highway
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or roadway is more than two lanes or is divided, such
crossing shall only occur at a signalized intersection or at
a nonsignalized intersection as the secretary determines is
appropriate for such crossings either on the secretary's own
motion or at the request of a local authority.
(2) A neighborhood electric vehicle may enter an
intersection and cross any highway or roadway under the
jurisdiction of the department where the posted speed limit
is in excess of 35 miles per hour only at a signalized
intersection or at such nonsignalized intersection as the
secretary determines is appropriate for such crossing either
upon the secretary's own motion or at the request of a local
authority.
(d) Intersection with local roadways.--
(1) A neighborhood electric vehicle may enter an
intersection and cross any highway or roadway under the
jurisdiction of a local authority where the posted speed
limit is 35 miles per hour or less, provided that, if the
highway or roadway is more than two lanes or is divided, such
crossing shall only occur at signalized intersections or at
such nonsignalized intersections as the local authority by
ordinance or resolution, as appropriate, determines are
appropriate for such crossing.
(2) A neighborhood electric vehicle may enter an
intersection and cross any highway or roadway under the
jurisdiction of a local authority where the posted speed
limit is 35 miles per hour only at a signalized intersection
or at such nonsignalized intersection as the local authority
by ordinance or resolution, as appropriate, determines to be
appropriate for such crossing.
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(e) Violation.--Any person operating a neighborhood electric
vehicle upon a highway or roadway or crossing a highway or
roadway in violation of this section shall be subject to the
penalties under section 6502 (relating to summary offenses).
§ 3594. Licensing, financial responsibility, titling and
registration.
(a) General rule.--A neighborhood electric vehicle shall be
considered a passenger car for the purposes of Part II (relating
to title, registration and licensing) and section 4581 (relating
to restraint systems).
(b) License and financial responsibility.--An operator of a
neighborhood electric vehicle must have a valid driver's license
and maintain financial responsibility as required by Chs. 15
(relating to licensing of drivers) and 17 (relating to financial
responsibility).
(c) Certificate of title and registration.--A neighborhood
electric vehicle shall be properly titled and registered with
the department as required by Chs. 11 (relating to certificate
of title and security interests) and 13 (relating to
registration of vehicles).
(d) Possession of information.--The driver's license, the
registration certificate of a motor vehicle and an insurance
identification card shall be in the possession of the driver or
operator at all times when the driver or operator is in charge
of a neighborhood electric vehicle on the highways or roadways
of this Commonwealth.
§ 3595. Seating limitation.
A neighborhood electric vehicle may not be operated at a time
in which the number of passengers exceeds the number of
available safety belts in the vehicle.
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§ 3596. Waiver of liability.
(a) General rule.--A purchaser of a new neighborhood
electric vehicle in this Commonwealth shall execute a waiver and
certify that the neighborhood electric vehicle was purchased
with full knowledge of the potentially hazardous characteristics
of such vehicles as detailed by the manufacturer or the
manufacturer's agent or dealer.
(b) Manufacturer responsibility.--The waiver shall be
prepared by the manufacturer and kept in the possession of the
manufacturer and the manufacturer's agent or dealer of
neighborhood electric vehicles. An executed copy shall be
provided to the purchaser.
(c) Signing by purchaser.--The signing of the waiver by the
purchaser shall serve to eliminate any liability of the
manufacturer and the manufacturer's agent or dealer of
neighborhood electric vehicles.
Section 3. Section 4703(b) of Title 75 is amended by adding
a paragraph to read:
§ 4703. Operation of vehicle without official certificate of
inspection.
* * *
(b) Exceptions.--Subsection (a) does not apply to:
* * *
(14) A neighborhood electric vehicle.
* * *
Section 4. This act shall take effect in 180 days.
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