Laws and Ordinances

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Crimes Codes

Alcoholic Beverages

Alcoholic Beverages
PENNSYLVANIA CRIMES CODE ---

Section 6308. Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverages.

a. Offense defined. - A person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions).

b. Penalty. - In addition to the penalty imposed pursuant to section 6310.4 (relating to restriction of operating privileges), a person convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for the second and each subsequent violation.

c. Preadjudication disposition. -
    1. When a person is charged with violating subsection (a), the district justice may admit the offender to the adjudication alternative as authorized in 42 Pa.C.S. section 1520 (relating to adjudication alternative program) or any other preadjudication disposition if the offender has not previously received a preadjudication disposition for violating subsection (a).
    2. The use of a preadjudication disposition shall be considered a first or subsequent offense, whichever is applicable, for the purpose of further adjudication under this section or under section 6310.4.

d. Notification. - The police department making an arrest for a suspected violation of subsection (a) shall so notify the parents or guardian of the minor charged.

Criminal Mischief

Harassment by Communication or Address
PENNSYLVANIA CRIMES CODE ---

Section 3304. Criminal Mischief.

a. Offense defined. - A person is guilty of criminal mischief if he:
  1. damages tangible property of another intentionally, recklessly, or by negligence in the employment of fire, explosives, or other dangerous means listed in section 3302(a) of this title (relating to causing or risking catastrophe);
  2. intentionally or recklessly tampers with tangible property of another so as to endanger person or property;
  3. intentionally or recklessly causes another to suffer pecuniary loss by deception or threat; or
  4. intentionally defaces or otherwise damages tangible public property or tangible property of another with an aerosol spray-paint can, broad-tipped indelible marker or similar marking device.

b. Grading. - Criminal mischief is a felony of the third degree if the actor intentionally causes pecuniary loss in excess of $5,000, or a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. It is a misdemeanor of the second degree if the actor intentionally causes pecuniary loss in excess of $1,000, or a misdemeanor of the third degree if he intentionally or recklessly causes pecuniary loss in excess of $500 or causes a loss in excess of $150 for a violation of subsection (a)(4). Otherwise criminal mischief is a summary offense.

Disorderly Conduct

Disorderly Conduct
PENNSYLVANIA CRIMES CODE ---

Section 5503. Disorderly Conduct.

a. Offense defined. - A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
  1. engages in fighting or threatening, or in violent or tumultuous behavior;
  2. makes unreasonable noise;
  3. uses obscene language, or makes an obscene gesture; or
  4. creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

b. Grading. - An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense.

c. Definition. - As used in this section the word "public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.

Harassment by Communications

Harassment by Communication or Address
PENNSYLVANIA CRIMES CODE ---

Section 5504. Harassment by Communication or Address.

a. Offense defined. - A person commits a misdemeanor of the third degree if, with intent to harass another, he:
  1. makes a telephone call without intent of legitimate communication or addresses to or about such other person any lewd, lascivious or indecent words or language or anonymously telephones another person repeatedly; or
  2. makes repeated communications anonymously or at extremely inconvenient hours, or in offensively coarse language.

b. Venue. - Any offense committed under paragraph (a)(1) of this section may be deemed to have been committed at either the place at which the telephone call or calls were made or at the place where the telephone call or calls were received.

Institutional Vandalism

Harassment by Communication or Address
PENNSYLVANIA CRIMES CODE ---

Section 3307. Institutional Vandalism.

a. Offenses defined. - A person commits the offense of institutional vandalism if he knowingly desecrates, as defined in section 5509 (relating to desecration of venerated objects), vandalizes, defaces or otherwise damages:
  1. any church, synagogue or other facility or place used for religious worship or other religious purposes;
  2. any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead;
  3. any school, educational facility, community center, municipal building, courthouse facility or juvenile detention center;
  4. the grounds adjacent to and owned or occupied by any facility set forth in paragraph (1), (2) or (3); or
  5. any personal property located in any facility set forth in this subsection.

 

(a.1) Illegal possession. - A person commits the offense of institutional vandalism if, with intent to violate subsection (a), the person carries an aerosol spray-paint can, broad-tipped indelible marker or similar marking device onto property identified in subsection (a). (Added by L.1994, Act 16(1), eff. 6/20/94.)


b. Grading. - An offense under this section is a felony of the third degree if the act is one of desecration as defined in section 5509 or if the actor causes pecuniary loss in excess of $5,000. Pecuniary loss includes the cost of repair or replacement of the property affected. Otherwise, institutional vandalism is a misdemeanor of the second degree.

Retail Theft

Harassment by Communication or Address
PENNSYLVANIA CRIMES CODE ---

Section 3929. Retail Theft.


a. Offense defined. - A person is guilty of a retail theft if he:

  1. takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof;
  2. alters, transfers or removes any label, price tag marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a store or other retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise;
  3. transfers any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the full retail value thereof; or
  4. under-rings with the intention of depriving the merchant of the full retail value of the merchandise.
  5. destroys, removes, renders inoperative or deactivates any inventory control tag, security strip or any other mechanism designed or employed to prevent an offense under this section with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof.

 

b. Grading. -


1. Retail theft constitutes a:
  • Summary offense when the offense is a first offense and the value of the merchandise is less than $150.
  • Misdemeanor of the second degree when the offense is a second offense and the value of the merchandise is less than $150.
  • Misdemeanor of the first degree when the offense is a first or second offense and the value of the merchandise is $150 or more.
  • Felony of the third degree when the offense is a third or subsequent offense, regardless of the value of the merchandise. Felony of the third degree when the amount involved exceeds $2,000 or if the merchandise involved is a firearm or a motor vehicle. (Added by L.1996, Act 200(1), eff. 2/18/97.)

 

2. Amounts involved in retail thefts committed pursuant to one scheme or course of conduct, whether from the same store or retail mercantile establishment or several stores or retail mercantile establishments, may be aggregated in determining the grade of the offense.

 

c. Presumptions. - Any person intentionally concealing unpurchased property of any store or other mercantile establishment, either on the premises or outside the premises of such store, shall be prima facie presumed to have so concealed such property with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof within the meaning of subsection (a), and the finding of such unpurchased property concealed, upon the person or among the belongings of such person, shall be prima facie evidence of intentional concealment, and, if such person conceals, or causes to be concealed, such unpurchased property, upon the person or among the belongings of another, such fact shall also be prima facie evidence of intentional concealment on the part of the person so concealing such property.

(c.1) Evidence. - To the extent that there is other competent evidence to substantiate the offense, the conviction shall not be avoided because the prosecution cannot produce the stolen merchandise.


d. Detention. - A peace officer, merchant or merchant's employee or an agent under contract with a merchant, who has probable cause to believe that retail theft has occurred or is occurring on or about a store or other retail mercantile establishment and who has probable cause to believe that a specific person has committed or is committing the retail theft may detain the suspect in a reasonable manner for a reasonable time on or off the premises for all or any of the following purposes: to require the suspect to identify himself, to verify such identification, to determine whether such suspect has in his possession unpurchased merchandise taken from the mercantile establishment and, if so, to recover such merchandise, to inform a peace officer, or to institute criminal proceedings against the suspect. Such detention shall not impose civil or criminal liability upon the peace officer, merchant, employee, or agent so detaining.

 

e. Reduction prohibited. - No justice of the peace or other magistrate shall have the power to reduce any other charge of theft to a charge of retail theft as defined in this section.

f. Definitions. –

"Conceal." To conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation.

"Full retail value." The merchant's stated or advertised price of the merchandise.

"Merchandise." Any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof.

"Merchant." An owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or operator.

"Premises of a retail mercantile establishment." Includes but is not limited to, the retail mercantile establishment, any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment.

"Store or other retail mercantile establishment." A place where merchandise is displayed, held, stored or sold or offered to the public for sale.

"Under-ring." To cause the cash register or other sales recording device to reflect less than the full retail value of the merchandise.

 

g. Fingerprinting. - Prior to the commencement of trial or entry of plea of a defendant 16 years of age or older accused of the summary offense of retail theft, the issuing authority shall order the defendant to submit within five days of such order for fingerprinting by the municipal police of the jurisdiction in which the offense allegedly was committed or the State Police. Fingerprints so obtained shall be forwarded immediately to the Pennsylvania State Police for determination as to whether or not the defendant previously has been convicted of the offense of retail theft. The results of such determination shall be forwarded to the Police Department obtaining the fingerprints if such department is the prosecutor, or to the issuing authority if the prosecutor is other than a police officer. The issuing authority shall not proceed with the trial or plea in summary cases until in receipt of the determination made by the State Police. The district justice shall use the information obtained solely for the purpose of grading the offense pursuant to subsection (b).


Vehicle Codes

DUI

Driving Under the Influence
PENNSYLVANIA VEHICLE CODE ---

§3802. Driving under influence of alcohol or controlled substance.

a. General impairment.-
  1. An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
  2. An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .08% but less than .10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

 

b. High rate of alcohol.-An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .10% but less than .16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

 

c. Highest rate of alcohol.-An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is .16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

d. Controlled substances.-An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:

1. There is in the individual's blood any amount of a:
  • Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act;
  • Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or
  • metabolite of a substance under subparagraph (i) or (ii).
2. The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle.

3. The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle.

4. The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. §7303 (relating to sale or illegal use of certain solvents and noxious substances).

 

e. Minors.-A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor's blood or breath is .02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle.

f. Commercial or school vehicles.-An individual may not drive, operate or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances:

1. After the individual has imbibed a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is:
  • .04% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a commercial vehicle other than a school bus or a school vehicle.
  • .02% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a school bus or a school vehicle.
2. After the individual has imbibed a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.

3. While the individual is under the influence of a controlled substance or combination of controlled substances, as defined in section 1603 (relating to definitions).

4. While the individual is under the combined influence of alcohol and a controlled substance or combination of controlled substances, as defined in section 1603.

 

g. Exception to two-hour rule.-Notwithstanding the provisions of subsection (a), (b), (c), (e) or (f), where alcohol or controlled substance concentration in an individual's blood or breath is an element of the offense, evidence of such alcohol or controlled substance concentration more than two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle is sufficient to establish that element of the offense under the following circumstances:

  1. where the Commonwealth shows good cause explaining why the chemical test could not be performed within two hours; and
  2. where the Commonwealth establishes that the individual did not imbibe any alcohol or utilize a controlled substance between the time the individual was arrested and the time the sample was obtained. (Added by L.2003, Act 24(16), eff. 2/1/2004.)
§3803. Grading.

a. Basic offenses.-Notwithstanding the provisions of subsection (b):
  1. An individual who violates section 3802(a)(relating to driving under influence of alcohol or controlled substance) and has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804 (relating to penalties).
  2. An individual who violates section 3802(a) and has more than one prior offense commits a misdemeanor of the second degree.
b. Other offenses.-
  1. An individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or in damage to a vehicle or other property, or who violates section 3802(b), (e) or (f) and who has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804.
  2. An individual who violates section 3802(a)(1) where the individual refused testing of blood or breath, or who violates section 3802(c) or (d) and who has no prior offenses commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804.
  3. An individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or in damage to a vehicle or other property, or who violates section 3802(b), (e) or (f) and who has more than one prior offense commits a misdemeanor of the first degree.
  4. An individual who violates section 3802(a)(1) where the individual refused testing of blood or breath, or who violates section 3802(c) or (d) and who has one or more prior offenses commits a misdemeanor of the first degree. (Added by L.2003, Act 24(16), eff. 2/1/2004; L.2004, Act 177(2), eff. 11/29/2004.)

 

§3804. Penalties.

a. General impairment.-Except as set forth in subsection (b) or (c), an individual who violates sectionn 3802(a)(relating to driving under influence of alcohol or controlled substance) shall be sentenced as follows:
1. For a first offense, to:
  • undergo a mandatory minimum term of six months' probation;
  • pay a fine of $300;
  • attend an alcohol highway safety school approved by the department; and
  • comply with all drug and alcohol treatment requirements imposed under sections 3814 (relating to drug and alcohol assessments) and 3815 (relating to mandatory sentencing).
2. For a second offense, to:
  • undergo imprisonment for not less than five days;
  • pay a fine of not less than $300 nor more than $2,500;
  • attend an alcohol highway safety school approved by the department; and
  • comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
3. For a third or subsequent offense, to:
  • undergo imprisonment of not less than ten days;
  • pay a fine of not less than $500 nor more than $5,000; and
  • comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

 

b. High rate of blood alcohol; minors; commercial vehicles and school buses and school vehicles; accidents.-Except as set forth in subsection (c), an individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or damage to a vehicle or other property or who violates section 3802(b), (e) or (f) shall be sentenced as follows:

1. For a first offense, to:
  • undergo imprisonment of not less than 48 consecutive hours;
  • pay a fine of not less than $500 nor more than $5,000;
  • attend an alcohol highway safety school approved by the department; and (iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
2. For a second offense, to:
  • undergo imprisonment of not less than 30 days;
  • pay a fine of not less than $750 nor more than $5,000;
  • attend an alcohol highway safety school approved by the department; and
  • comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
3. For a third offense, to:
  • undergo imprisonment of not less than 90 days;
  • pay a fine of not less than $1,500 nor more than $10,000; and
  • comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
4. For a fourth or subsequent offense, to:
  • undergo imprisonment of not less than one year;
  • pay a fine of not less than $1,500 nor more than $10,000; and
  • comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

 

c. Incapacity; highest blood alcohol; controlled substances.-An individual who violates section 3802(a)(1) and refused testing of blood or breath or an individual who violates section 3802(c) or (d) shall be sentenced as follows:

1. For a first offense, to:
  • (i) undergo imprisonment of not less than 72 consecutive hours;
  • pay a fine of not less than $1,000 nor more than $5,000;
  • attend an alcohol highway safety school approved by the department; and
  • comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
2. For a second offense, to:
  • undergo imprisonment of not less than 90 days;
  • pay a fine of not less than $1,500;
  • attend an alcohol highway safety school approved by the department; and
  • comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
3. For a third or subsequent offense, to:
  • undergo imprisonment of not less than one year;
  • pay a fine of not less than $2,500; and
  • comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

 

d. Extended supervision of court.-If a person is sentenced pursuant to this chapter and, after the initial assessment required by section 3814(1), the person is determined to be in need of additional treatment pursuant to section 3814(2), the judge shall impose a minimum sentence as provided by law and a maximum sentence equal to the statutorily available maximum. A sentence to the statutorily available maximum imposed pursuant to this subsection may, in the discretion of the sentencing court, be ordered to be served in a county prison, notwithstanding the provisions of 42 Pa.C.S. §9762 (relating to sentencing proceeding; place of confinement).

 

e. Suspension of operating privileges upon conviction.-
1. The department shall suspend the operating privilege of an individual under paragraph (2) upon receiving a certified record of the individual's conviction of or an adjudication of delinquency for:
  • an offense under section 3802; or
  • an offense which is substantially similar to an offense enumerated in section 3802 reported to the department under Article III of the compact in section 1581 (relating to Driver's License Compact).

 

2. Suspension under paragraph (1) shall be in accordance with the following:
  • Except as provided for in subparagraph (iii), 12 months for an ungraded misdemeanor or misdemeanor of the second degree under this chapter.
  • 18 months for a misdemeanor of the first degree under this chapter.
  • There shall be no suspension for an ungraded misdemeanor under section 3802(a) where the person is subject to the penalties provided in subsection (a) and the person has no prior offense.
  • For suspensions imposed under paragraph (1)(ii), notwithstanding any provision of law or enforcement agreement to the contrary, all of the following apply:
    A. Suspensions shall be in accordance with Subchapter D of Chapter 15 (relating to the Driver's License Compact).
    B. In calculating the term of a suspension for an offense that is substantially similar to an offense enumerated in section 3802, the department shall presume that if the conduct reported had occurred in this Commonwealth then the person would have been convicted under section 3802(a)(2).
  • Notwithstanding any other provision of law or enforcement agreement to the contrary, the department shall suspend the operating privilege of a driver for six months upon receiving a certified record of a consent decree granted under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) based on section 3802.

 

f. Community service assignments.-In addition to the penalties set forth in this section, the sentencing judge may impose up to 150 hours of community service. Where the individual has been ordered to drug and alcohol treatment pursuant to sections 3814 and 3815, the community service shall be certified by the drug and alcohol treatment program as consistent with any drug and alcohol treatment requirements imposed under sections 3814 and 3815.

 

g. Sentencing guidelines.-The sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory penalties of this section.

 

h. Appeal.-The Commonwealth has the right to appeal directly to the Superior Court any order of court which imposes a sentence for violation of this section which does not meet the requirements of this section. The Superior Court shall remand the case to the sentencing court for imposition of a sentence in accordance with the provisions of this section.

 

i. First class cities.-Notwithstanding the provision for direct appeal to the Superior Court, if, in a city of the first class, a person appeals from a judgment of sentence under this section from the municipal court to the common pleas court for a trial de novo, the Commonwealth shall have the right to appeal directly to the Superior Court from the order of the common pleas court if the sentence imposed is in violation of this section. If, in a city of the first class, a person appeals to the court of common pleas after conviction of a violation of this section in the municipal court and thereafter withdraws his appeal to the common pleas court, thereby reinstating the judgment of sentence of the municipal court, the Commonwealth shall have 30 days from the date of the withdrawal to appeal to the Superior Court if the sentence is in violation of this section.

 

j. Additional conditions.-In addition to any other penalty imposed under law, the court may sentence a person who violates section 3802 to any other requirement or condition consistent with the treatment needs of the person, the restoration of the victim to preoffense status or the protection of the public.

 

k.Nonapplicability.-Except for subsection (e), this section shall not apply to dispositions resulting from proceedings under 42 Pa.C.S. Ch. 63 (relating to juvenile matters). (Added by L.2003, Act 24(16), eff. 2/1/2004; chgd. by L.2004, Act 177(3), eff. 11/29/2004.)

Parking

Parking
PENNSYLVANIA VEHICLE CODE ---

Section 3351. Stopping, standing and parking outside business and residence districts.

a. General rule - Outside a business or residence district, no person shall stop, park or stand any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or stand the vehicle off the roadway. In the event it is necessary to stop, park or stand the vehicle on the roadway or any part of the roadway, an unobstructed width of the highway opposite the vehicle shall be left for the free passage of other vehicles and the vehicle shall be visible from a distance of 500 feet in each direction upon the highway.

 

b. Exception for disabled vehicles - This section and sections 3353 (relating to prohibitions in specified places) and 3354 (relating to additional parking regulations) do not apply to the driver of any vehicle which is disabled in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving the vehicle in that position.

Section 3352. Removal of vehicle by or at direction of police.

a. Outside business and residence districts - Whenever any police officer finds a vehicle in violation of any of the provisions of section 3351 (relating to stopping, standing and parking outside business and residence districts), the officer may move the vehicle, or cause the vehicle to be moved, or require the driver or other person in charge of the vehicle to move the vehicle, to a position off the roadway where the vehicle will not interfere unduly with the normal movement of traffic or constitute a safety hazard.

 

b. Unattended vehicle obstructing traffic - Any police officer may remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, causeway or in any tunnel, in such position or under such circumstances as to interfere unduly with the normal movement of traffic or constitute a safety hazard.

 

c. Removal to garage or place of safety - Any police officer may remove or cause to be removed to the place of business of the operator of a wrecker or to a nearby garage or other place of safety any vehicle found upon a highway under any of the following circumstances:

  • Report has been made that the vehicle has been stolen or taken without the consent of its owner.
  • The person or persons in charge of the vehicle are physically unable to provide for the custody or removal of the vehicle.
  • The person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before an issuing authority without unnecessary delay.
  • The vehicle is in violation of section 3353 (relating to prohibitions in specified places) except for overtime parking.
  • The vehicle has been abandoned as defined in this title. The officer shall comply with the provisions of subsection (d) and Chapter 73 (relating to abandoned vehicles and cargos).

 

d. Notice to owner prior to removal -

  1. Prior to removal of an abandoned vehicle bearing a registration plate, certificate of inspection or vehicle identification number plate by which the last registered owner of the vehicle can be determined, the police department shall send a notice by certified mail to the last registered owner of the vehicle informing the owner that unless the vehicle is moved to a suitable location within seven days of the date notice is mailed, the vehicle will be removed under this section and held at a suitable facility where it may be reclaimed by the owner in accordance with the provisions of section 7306 (relating to payment of costs upon reclaiming vehicle). If the abandoned motor vehicle does not bear an identifiable registration plate, certificate of inspection or vehicle identification number plate, the notice may be secured to the vehicle.
  2. If, within the seven-day period, the owner so requests, the owner shall be given an opportunity to explain to the police officer or department why the owner believes the vehicle should not be removed. If the police officer or department determines that the vehicle shall, nonetheless, be removed, the owner shall be given an additional 48 hours to remove the vehicle, have it removed or demand a hearing, which shall conform to the requirements of 2 Pa.C.S. Ch. 5 Subch. B (relating to practice and procedure of local agencies). The police officer or department shall inform the owner of the right to a hearing by delivering to the owner a notice warning the owner that, unless the vehicle is removed or a hearing is demanded, the owner shall be subject to the provisions of section 7306. If, as a result of the hearing, it is determined that the vehicle will be removed, the owner shall be given an additional 48 hours to remove the vehicle or have it removed. The hearing shall be before a civilian officer or employee of the municipality in which the vehicle is located.
  3. The provision for notice set forth in this subsection is applicable only if the vehicle is abandoned upon a highway and is not in violation of subsection (b) or section 3351(a) or 3353. Notice under this subsection is in addition to any other notice requirements provided in Chapter 73.

 

Section 3353. Prohibitions in specified places.

a. General rule - Except when necessary to avoid conflict with other traffic or to protect the safety of any person or vehicle or in compliance with law or the directions of a police officer or official traffic-control device, no person shall:

1. Stop, stand or park a vehicle:

  • On the roadway side of any vehicle stopped or parked at the edge or curb of a street except that
    A. A pedalcycle may be parked as provided in section 3509(b)(2) (relating to parking).
    B. Standing or parking for the purpose of loading or unloading persons or property may be authorized by local ordinance, but the ordinance shall not authorize standing or parking on State designated highways except during off-peak traffic-flow hours as determined by department regulations.
  • On a sidewalk except that a pedalcycle may be parked as provided in section 3509(b)(2).
  • Within an intersection.
  • On a crosswalk.
  • Between a safety zone and the adjacent curb within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official traffic-control devices.
  • Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic.
  • Upon any bridge or other elevated structure upon a highway or within a highway tunnel.
  • On any railroad tracks.
  • In the area between roadways of a divided highway, including crossovers.
  • At any place where official signs prohibit stopping.
2. Stand or park a vehicle:
  • In front of a public or private driveway.
  • Within 15 feet of a fire hydrant./li>
  • Within 20 feet of a crosswalk at an intersection.
  • Within 30 feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the site of a roadway.
  • Within 20 feet of the driveway entrance to any fire station or, when properly sign posted, on the side of a street opposite the entrance to any fire station within 75 feet of the entrance.
  • Where the vehicle would prevent the free movement of a streetcar.
  • On a limited access highway unless authorized by official traffic-control devices.
  • At any place where official signs prohibit standing.

 

3. Park a vehicle:

  • Within 50 feet of the nearest rail of a railroad crossing.
  • At any place where official signs prohibit parking.

 

b. Unattended vehicle on private property -

  1. No person shall park or leave unattended a vehicle on private property without the consent of the owner or other person in control or possession of the property except in the case of emergency or disablement of the vehicle, in which case the operator shall arrange for the removal of the vehicle as soon as possible.
  2. The provisions of this subsection shall not apply to private parking lots unless such lots are posted to notify the public of any parking restrictions and the operator of the vehicle violates such posted restrictions. For the purposes of this section "private parking lot" means a parking lot open to the public or used for parking without charge; or a parking lot used for parking with charge. The department shall define by regulation what constitutes adequate posting for public notice.

 

c. Property owner may remove vehicle - The owner or other person in charge or possession of any property on which a vehicle is parked or left unattended in violation of the provisions of subsection (b) may remove or have removed the vehicle at the reasonable expense of the owner of the vehicle. Such person who removes a vehicle left parked or unattended in violation of the provisions of subsection (b) shall have a lien against the owner of the vehicle, in the amount of the reasonable value of the costs of removing the vehicle. Any city, borough, incorporated town or township may, by ordinance, provide for rates to be charged for removal of vehicles and for municipal regulation of authorized towing services.

 

d. Restrictions by appropriate authorities - The department on State-designated highways and local authorities on any highway within their boundaries may by erection of official traffic-control devices prohibit, limit or restrict stopping, standing or parking of vehicles on any highway where engineering and traffic studies indicate that stopping, standing or parking would constitute a safety hazard or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic.

 

e. Penalty - Any person violating any provision of this section is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $15.

 

Section 3354. Additional parking regulations.

a. Two-way highways - Except as otherwise provided in this section, every vehicle standing or parked upon a two-way highway shall be positioned parallel to and with the right-hand wheels within 12 inches of the right-hand curb or, in the absence of a curb, as close as practicable to the right edge of the right-hand shoulder.

 

b. One-way highways - Except as otherwise provided in this section, every vehicle standing or parked upon a one-way highway shall be positioned parallel to the curb or edge of the highway in the direction of authorized traffic movement with its right-hand wheels within 12 inches of the right-hand curb or, in the absence of a curb, as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left- hand curb or, in the absence of a curb, as close as practicable to the left edge of the left-hand shoulder.

 

c. Angle parking - Local authorities may permit angle parking on any highway after an engineering and traffic study has determined that the highway is of sufficient width to permit angle parking without interfering with the free movement of traffic, except that on a State-designated highway prior approval of the department shall also be obtained.

 

d. Handicapped persons and disabled veterans -

  1. When a motor vehicle bearing a handicapped or severely disabled veteran plate or displaying a handicapped or severely disabled veteran parking placard as prescribed in this title is being operated by or for the transportation of the handicapped person or severely disabled veteran, the driver shall be relieved of any liability for parking for a period of 60 minutes in excess of the legal parking period permitted by local authorities except where local ordinances or police regulations provide for the accommodation of heavy traffic during morning, afternoon or evening hours.
  2. At the request of any handicapped person or severely disabled veteran, local authorities may erect on the highway as close as possible to their place of residence a sign or signs indicating that that place is reserved for the handicapped person or severely disabled veteran, that no parking is allowed there by others, and that any unauthorized person parking there shall be subject to a fine.
  3. • Except for persons parking vehicles lawfully bearing a handicapped or severely disabled veteran registration plate or displaying a handicapped or severely disabled veteran parking placard when such vehicles are being operated by or for the transportation of a handicapped person or a severely disabled veteran, no person shall park a vehicle on public or private property reserved for a handicapped person or severely disabled veteran which property has been so posted in accordance with departmental regulations which shall require a sign stating the penalty amount indicated in subsection (f), a sign indicating that vehicles in violation of the subsection may be towed and require that signs be replaced when they become either obsolete or missing with all costs to replace the necessary signs to be borne by the persons responsible for signing the particular location. Any vehicle which is unlawfully parked in a designated handicapped parking area may be removed from that area by towing and may be reclaimed by the vehicle owner upon payment of the towing costs.
    • Local authorities shall have the power and may, by ordinance or resolution, authorize handicapped persons and severely disabled veterans to issue statements to violators or violating vehicles for violation of subparagraph (i). The form of the statement shall be as prescribed by the local authorities. (Chgd. by L.1992, Act 174(11), eff. 2/16/93.)

 

e. Unauthorized use - An operator of a vehicle bearing a handicapped or severely disabled veteran plate or displaying a handicapped or severely disabled veteran parking placard shall not make use of the parking privileges accorded to handicapped persons and severely disabled veterans under subsection (d)(3) unless the operator is handicapped or a severely disabled veteran or unless the vehicle is being operated for the transportation of a handicapped person or severely disabled veteran.

 

f. Penalty - Any person violating subsection (a), (b)or (d)(1) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $15. Any 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.

 

g. Special penalty; disposition -

  1. In addition to any other penalty imposed under this section, any person who is convicted of violating subsection (d)(2) or (3) shall be sentenced to pay a fine of $50.
  2. All fines collected under this subsection shall be disposed of as follows:
    • Ninety-five percent shall be paid to the Department of Revenue, transmitted to the Treasury Department and credited to the Department of Public Welfare for use for the attendant care program.
    • Five percent shall be paid to the municipality in which the offense occurred.
(Subsection (g) added by L.1994, Act 170(3), eff. 2/26/95.)

(Chgd. by L.1990, Act 84(2), eff. 9/8/90.)

Pedestrians

Pedestrians Walking Along or On Highway
PENNSYLVANIA VEHICLE CODE ---

Section 3544. Pedestrians walking along or on highway.

a. Mandatory use of available sidewalk - Where a sidewalk is provided and its use is practicable, it is unlawful for any pedestrian to walk along and upon an adjacent roadway.

 

b. Absence of sidewalk - Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder as far as practicable from the edge of the roadway.

 

c. Absence of sidewalk and shoulder - Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway and, if on a two-way roadway, shall walk only on the left side of the roadway.

 

4. Right-of-way to vehicles - Except as otherwise provided in this subchapter, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.

Point System

Points
PENNSYLVANIA VEHICLE CODE ---

Section 1535. Schedule of convictions and points.

(a)   General rule - A point system for driver education and control is hereby established which is related to other provisions for use, suspension and revocation of the operating privilege as specified under this title. Every driver licensed in this Commonwealth who is convicted of any of the following offenses shall be assessed points as of the date of violation in accordance with the following schedule:
Section Number Offense Points
1512 Violation of restriction on driver's license. 2
1571 Violation concerning license. 3
3102 Failure to obey policeman or authorized person. 2
3112(a)(3)(i) or (ii) Failure to stop for a red light. 3
3114(a)(1) Failure to stop for a flashing red light. 3
3302 Failure to yield half of roadway to oncoming vehicle. 3
3303 Improper passing. 3
3304 Other improper passing. 3
3305 Other improper passing. 3
3306(a)(1) Other improper passing. 4
3306(a)(2) Other improper passing. 3
3306(a)(3) Other improper passing. 3
3307 Other improper passing. 3
3310 Following too closely. 3
3321 Failure to yield to driver on the right at intersection. 3
3322 Failure to yield to oncoming driver when making left turn. 3
3323(b) Failure to stop for stop sign. 3
3323(b) Failure to stop for stop sign. 3
3323(c) Failure to yield at yield sign 3
3324 Failure to yield when entering or crossing roadway between intersections. 3
3332 Improper turning around. 3
3341 Failure to stop for flashing red lights or gate at railroad crossing. 3
3341(a) Failure to obey signal indicating approach of train. 2
3341(b) Failure to comply with crossing gate or barrier. (and 30 days' suspension) 4
3342(b),(e) Failure to stop at railroad crossings 4
3344 Failure to stop when entering from alley, driveway or building. 3
3345(a) Failure to stop for school bus with flashing red lights. (and 60 days' suspension) 5
3361 Driving too fast for conditions. 2
3362 Exceeding maximum speed (and departmental hearing and sanctions provided under section 1538(d))
Over Limit:
 
  6-10 2
  11-15 3
  16-25 4
  26-30 5
  31-over 5
3365(b) Exceeding special speed limit in school zone. 3
3365(c) Exceeding special speed limit for trucks on downgrades. 3
3542(a) Failure to yield to pedestrian in crosswalk. 2
3547 Failure to yield to pedestrian on sidewalk. 3
3549(a) Failure to yield to blind pedestrian. 3
3702 Improper backing. 3
3714 Careless driving. 3
3745 Leaving scene of accident involving property damage only. 4

 

(b) Multiple offenses from same act - If a driver is convicted of an offense under section 3361 (relating to driving vehicle at safe speed) or 3714 (relating to careless driving), in addition to being convicted of another offense committed at the same time and place, no points shall be assigned for violation of section 3361 or 3714 if points are assigned for the other offense.


(c) No points after six months - The department shall assign points to the record of any person within six months from the date of a conviction. Any points assigned after such six-month period shall be null and void.


(d) Exception - This section does not apply to a person who was operating a pedalcycle or an animal drawn vehicle.

 


Section 1536. Notice of assignment of points.

Whenever points are assigned to a driver's record, the department shall send to that person at his last known address a letter of notice pointing out the fact and emphasizing the nature and effects of the point system.

Failure to receive such letter shall not prevent the suspension of the operating privilege pursuant to this subchapter.

 

 

Section 1537. Removal of points.

  1. General rule - Points recorded against any person shall be removed at the rate of three points for each 12 consecutive months in which such person is not under suspension or revocation or has not committed any violation which results in the assignment of points or in suspension or revocation under this chapter. [Removal of points is governed by the date of violation.]
  2. Subsequent accumulation of points - When a driver's record is reduced to zero points and is maintained at zero points for 12 consecutive months, any accumulation of points thereafter shall be regarded as an initial accumulation of points.

 

Section 1538. School, examination or hearing on accumulation of points or excessive speeding.

(a)    Initial accumulation of six points -

When any person's record for the first time shows as many as six points, the department shall require the person to attend an approved driver improvement school or undergo a special examination and shall so notify the person in writing. Upon satisfactory attendance and completion of the course or upon passing the special examination, two points shall be removed from the person's record. Failure to attend and satisfactorily complete the requirements of driver improvement school shall result in the suspension of such person's operating privilege for 60 days. Failure to pass the examination shall result in the suspension of the operating privilege until the examination has been satisfactorily completed.

(b)    Second accumulation of six points -

  1. When any person's record has been reduced below six points and for the second time shows as many as six points, the department shall require the person to attend a departmental hearing. The hearing examiner may recommend one or more of the following:
    • That the person be required to attend a driver improvement school.
    • That the person undergo an examination as provided for in section 1508 (relating to examination of applicant for driver's license).
    • That the person's driver's license be suspended for a period not exceeding 15 days.
  2. The department may effect or modify the recommendations of the hearing examiner but may not impose any sanction not recommended by the hearing examiner.
  3. Upon completion of the sanction or sanctions imposed by the department, two points shall be removed from the person's record.

    Failure to attend the hearing or to attend and satisfactorily complete the requirements of a driver improvement school shall result in the suspension of such person's operating privilege for 60 days. Failure to pass an examination shall result in the suspension of such person's operating privilege until the examination has been satisfactorily completed.

 

 

(c)    Subsequent accumulations of six points -

When any person's record has been reduced below six points and for the third or subsequent time shows as many as six points, the department shall require the driver to attend a departmental hearing to determine whether the person's operating privilege should be suspended for a period not to exceed 30 days. Failure to attend the hearing or to comply with the requirements of the findings of the department shall result in the suspension of the operating privilege until the person has complied.

 

 

(d) Conviction for excessive speeding -

  1. When any person is convicted of driving 31 miles per hour or more in excess of the speed limit, the department shall require the person to attend a departmental hearing. The hearing examiner may recommend one or more of the following:
    • That the person be required to attend a driver improvement school.
    • That the person undergo an examination as provided for in section 1508.
    • That the person have his driver's license suspended for a period not exceeding 15 days.
  2. The department shall effect at least one of the sanctions but may not increase any suspension beyond 15 days.
  3. Failure to attend the hearing or to attend and satisfactorily complete the requirements of a driver improvement school shall result in the suspension of such person's operating privilege for 60 days. Failure to pass an examination shall result in the suspension of such person's operating privilege until the examination has been satisfactorily completed.

 

Section 1539. Suspension of operating privilege on accumulation of points.

a. General rule -
When any person's record shows an accumulation of 11 points or more, the department shall suspend the operating privilege of the person as provided in subsection (b).

 

b. Duration of suspension -
The first suspension shall be for a period of 5 days for each point, the second suspension shall be for a period of 10 days for each point, the third suspension shall be for a period of 15 days for each point and any subsequent suspension shall be for a period of one year.

 

c. Determination of subsequent suspensions -
Every suspension and revocation under any provision of this subchapter shall be counted in determining whether a suspension is a second, third or subsequent suspension. Acceptance of Accelerative Rehabilitative Disposition for an offense enumerated in section 1532 (relating to revocation or suspension of operating privilege) shall be considered a suspension in making such determination.

 

d. Section not exclusive -
Suspension under this section is in addition to any suspension mandated under section 1535 (relating to schedule of convictions and points).

Seatbelts and Child Safety Seats

Restraint systems
PENNSYLVANIA VEHICLE CODE ---

Section 4581. Restraint systems.

a. Occupant protection. -

  1. Any person who is operating a passenger car, class I truck, class II truck, classic motor vehicle, antique motor vehicle or motor home and who transports a child under four years of age anywhere in the motor vehicle, including the cargo area, shall fasten such child securely in a child passenger restraint system, as defined in subsection (d). This subsection shall apply to all persons while they are operators of motor vehicles where a seating position is available which is equipped with a seat safety belt or other means to secure the systems or where the seating position was originally equipped with seat safety belts.

    (1.1) Any person who is operating a passenger car, class I truck, class II truck, classic motor vehicle, antique motor vehicle or motor home and who transports a child four years of age or older but under eight years of age anywhere in the motor vehicle, including the cargo area, shall fasten such child securely in a fastened safety seat belt system and in an appropriately fitting child booster seat, as defined in subsection (d). This paragraph shall apply to all persons while they are operators of motor vehicles where a seating position is available which is equipped with a seat safety belt or other means to secure the systems or where the seating position was originally equipped with seat safety belts. A conviction under this paragraph by state or local law enforcement agencies shall occur only as a secondary action when a driver of a motor vehicle has been convicted of violating any other provision of this title.
  2. Except for children under eight years of age and except as provided in paragraphs (1) and (1.1), each driver and front seat occupant of a passenger car, class I truck, class II truck or motor home operated in this commonwealth shall wear a properly adjusted and fastened safety seat belt system. A conviction under this paragraph by state or local law enforcement agencies shall occur only as a secondary action when a driver of a motor vehicle has been convicted of any other provision of this title. The driver of a passenger automobile shall secure or cause to be secured in a properly adjusted and fastened safety seat belt system any occupant who is eight years of age or older and less than 18 years of age. This paragraph shall not apply to:
    • A driver or front seat occupant of any vehicle manufactured before July 1, 1966.
    • A driver or front seat occupant who possesses a written verification from a physician that he is unable to wear a safety seat belt system for physical or medical reasons, or from a psychiatrist or other specialist qualified to make an informed judgment that he is unable to wear a safety seat belt system for psychological reasons.
    • A rural letter carrier while operating any motor vehicle during the performance of his duties as a united states postal service rural letter carrier only between the first and last delivery points.
    • A driver who makes frequent stops and is traveling less than 15 miles per hour for the purpose of delivering goods or services while in the performance of his duties and only between the first and last delivery points. A violation of this paragraph shall not be subject to the assessment of any points under section 1535 (relating to schedule of convictions and points).
  3. A driver who is under 18 years of age may not operate a motor vehicle in which the number of passengers exceeds the number of available safety seat belts in the vehicle.

 

b. Offense. - Anyone who fails to comply with the provisions of subsection (a)(1) or (1.1) shall be guilty of a summary offense with a maximum fine of $100. The court imposing and collecting any such fines shall transfer the fines thus collected to the state treasurer for deposit in the Child Passenger Restraint Fund, pursuant to section 4582 (relating to Child Passenger Restraint Fund). Anyone who violates subsection (a)(2) or (3) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $10. No person shall be convicted of a violation of subsection (a)(2) unless the person is also convicted of another violation of this title which occurred at the same time. No costs as described in 42 Pa.C.S. §1725.1 (relating to costs) shall be imposed for summary conviction of subsection (a)(2) or (3). Conviction under this subsection shall not constitute a moving violation.

 

c. Waiver of fine. - If a person receives a citation issued by the proper authority for violation of subsection (a)(1) or (1.1), a district justice, magistrate or judge shall dismiss the charges if the person prior to or at his hearing displays evidence of acquisition of a child passenger restraint system or child booster seat to such district justice, magistrate or judge. Sufficient evidence shall include a receipt mailed to the appropriate court officer which evidences purchase, rental, transferal from another child seat owner (evidenced by notarized letter) or bailment from a bona fide loaner program of a child passenger restraint system or child booster seat.

 

d. Standards. -

  1. A child passenger restraint system shall be used as designated by the manufacturer of the system in motor vehicles equipped with seat safety belts and shall meet the federal motor vehicle safety standard (49 C.F.R. §571.213).
  2. A child booster seat shall be used as designated by the manufacturer of the system in motor vehicles equipped with seat safety belts and shall meet the federal motor vehicle safety standard (49 CFR §571.213) that is designed to elevate a child to properly sit in a federally approved safety seat belt system.

 

e. Civil actions. - In no event shall a violation or alleged violation of this subchapter be used as evidence in a trial of any civil action; nor shall any jury in a civil action be instructed that any conduct did constitute or could be interpreted by them to constitute a violation of this subchapter; nor shall failure to use a child passenger restraint system, child booster seat or safety seat belt system be considered as contributory negligence nor shall failure to use such a system be admissible as evidence in the trial of any civil action; nor shall this subchapter impose any legal obligation upon or impute any civil liability whatsoever to an owner, employer, manufacturer, dealer or person engaged in the business of renting or leasing vehicles to the public to equip a vehicle with a child passenger restraint system or child booster seat or to have such child passenger restraint system or child booster seat available whenever their vehicle may be used to transport a child.

 

f. Criminal proceedings. - The requirements of this subchapter or evidence of a violation of this subchapter are not admissible as evidence in a criminal proceeding except in a proceeding for a violation of this subchapter. No criminal proceeding for the crime of homicide by vehicle shall be brought on the basis of noncompliance with this subchapter.

 

g. Exemptions. - Exemptions will be allowed if it is determined, according to the rules and regulations of the department, that the use of a child passenger restraint system or child booster seat would be impractical for physical reasons including, but not limited to, medical reasons or size of the child.

 

h. Insurance. - An insurer may not charge an insured who has been convicted of a violation of this section a higher premium for a policy of insurance in whole or in part by reason of that conviction. (Chgd. by L.1999, Act 23(8); L.2002, Act 229(17), eff. 2/21/2003.)

 

Section 4582. Child Passenger Restraint Fund.
A Child Passenger Restraint Fund is established in the General Fund as a special restricted receipts account hereby earmarked for and appropriated to the department. This fund shall consist of all fines deposited pursuant to section 4581(b) (relating to restraint systems), all Federal funds granted for said use and any moneys donated into the fund. All such funds shall be used solely for the purpose of purchasing Federally approved child restraint seats and making such seats available to qualified loaner programs within the Commonwealth. A qualified loaner program shall be one determined by the department to loan Federally approved child restraint seats to parents or legal guardians of children under four years of age who, due to financial or economic hardship, are unable to comply with the provisions of this subchapter. The department shall adopt such regulations as are necessary to effectuate the purpose of this section.

 

 

Section 4583. Hospital information program.
  • Availability of restraint devices. - The hospital, in conjunction with the attending physician, shall provide the parents of any newborn child with any information regarding the availability of loaner or rental programs for child restraint devices that may be available in the community where the child is born.
  • Instruction and education programs. - The department shall provide instructional and educational program material through all current public information channels and to all relevant State and Federally funded, community- based programs for maximum distribution of information about this child passenger protection law.

 

Section 4584. Oral hazard warning.
An oral hazard warning shall be given by the State Police or local law enforcement officer to operators of motor vehicles in which children under four years of age are passengers and are not restrained by the use of seat restraints. The officer may advise and urge utilization of seat safety belts that are available in the vehicle and may note that, for children under four years of age, greater protection could be provided by acquiring and utilizing a separate Federally approved child restraint seat. The officer shall notify the parent or legal guardian who is in violation of section 4581 (relating to restraint systems) that, after January 1, 1985, a fine shall be imposed for such violation.

 

 

Section 4585. Use of information or evidence of violation of subchapter.
The requirements of this subchapter or evidence of a violation of this subchapter may not be used by an insurer for any purpose.

 

 

Section 4586. Civil immunity for lenders of child passenger restraint systems.
No person or organization who or which lends to another person or organization a child passenger restraint system, as described in section 4581 (relating to restraint systems), shall be liable for any civil damages resulting from any acts or omission, except any act or omission intentionally designed to harm, or any grossly negligent act or omission resulting in harm to another.

Soliciting from Roadway

Pedestrians Soliciting Rides or Business
PENNSYLVANIA VEHICLE CODE ---

Section 3545. Pedestrians soliciting rides or business.

No person shall:
  1. Stand on a roadway for the purpose of soliciting a ride.
  2. Stand on a roadway for the purpose of soliciting employment, business or contributions from the occupant of any vehicle.
  3. Stand on or in proximity to a highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

Speeding

Maximum Speed Limits
PENNSYLVANIA VEHICLE CODE ---

Section 3362. Maximum speed limits.

(a)    General rule - Except when a special hazard exists that requires lower speed for compliance with section 3361 (relating to driving vehicle at safe speed), the limits specified in this section or established under this subchapter shall be maximum lawful speeds and no person shall drive a vehicle at a speed in excess of the following maximum limits:
  1. 35 miles per hour in any urban district.
    (1.1) 65 miles per hour for all vehicles:
    • on interstate highways outside of urbanized areas of population of 50,000 or more; and"on other freeways where the department has posted a 65-miles-per-hour speed limit in accordance with the provisions of 23 U.S.C. (relating to highways).
    • (1.2) 25 miles per hour in a residence district if the highway:
    • is not a numbered traffic route; and
    • is functionally classified by the department as a local highway.
  2. 55 miles per hour in other locations.
  3. Any other maximum speed limit established under this subchapter.

 

(b)    Posting of speed limit -


  1. No maximum speed limit established under subsection (a)(1), (1.2) or (3) shall be effective unless posted on fixed or variable official traffic-control devices erected in accordance with regulations adopted by the department which regulations shall require posting at the beginning and end of each speed zone and at intervals not greater than one-half mile.
  2. No maximum speed limit established under subsection (a)(1.1) shall be effective unless posted on fixed or variable official traffic-control devices erected after each interchange on the portion of highway on which the speed limit is in effect and wherever else the department shall determine.

 

(c)    Penalty -
  1. Any person violating this section is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of:
    • $42.50 for violating a maximum speed limit of 65 miles per hour; or
    • $35 for violating any other maximum speed limit.
  2. Any person exceeding the maximum speed limit by more than five miles per hour shall pay an additional fine of $2 per mile for each mile in excess of five miles per hour over the maximum speed limit.

 

(Chgd. by L.1995, Act 9(2); L.1998, Act 151(32), eff. 2/19/99.)

Contact the

USC Police

Emergency Calls
Dial 412-833-7500
or 911


Administration Office
Monday - Friday

8 a.m. – 4 p.m.

Non-Emergency Calls
412-833-1113

1820 McLaughlin Run Road  Upper St. Clair, PA 15241
USC Police Department