E:zF Katz - The Pennsylvania General Assembly

COMMONWEALTH OF PENNSYLVANIA 

TUESDAY, JUNE 8, 1976 

Session of 1976 160th of the General Assembly 01. 1, No. 139 

HOUSE OF REPRESENTATIVES 

.- -- 

Butere 

The House convened at 9:30 a.m., e.d.t. 

THE SPEAKER PRO TEMPORE (Max Pievsky) 

IN THE CHAIR 

PRAYER 

REVEREND DOCTOR DAVID R. HOOVER, chaplain 

of the House of Representatives and pastor of St. Paul's 

Lutheran Church, McCannellshurg, Pennsylvania, offered 

the following prayer: 

0 God, our most gracious Father in heaven, at the 

beginning of this day we come to Thee to share our joys. 

We know that Thou art always by our side, and wc be- 

seech Thee to motivate and guide our steps in Thy way. 

We acknowledge Thy abiding care, and we call upon The? 

to keep us in the shadow of Thy hand and free from the 

pitfalls which our world has to offer. U'e are cognizant 

of Thy ahundant love, and we ask Thec to bestow upon 

each of us a full portion, especially upon these legislators 

here assembled. We are aware of Thy heavenly pcace 

which passeth all understanding, and we humbly pray 

that Thou wilt grant to all of us Thy benediction, In 

Thy name and for Thy sake, we pray. Amen. 

JOURNAL APPROVAL POSTPONED 

,rhe SPEAKER pro tempore. without objection, ap. 

proval of the Journal for Monday, 3une 7, 1976, will be 

postponed until printed. 

The SPEAKER. Two hundred members having indicated 

their presence, a master roll is established. 

LEAVE OF ABSENCE 

THE SPEAKER (Herbert Fineman) 

IN THE CHAIR 

The SPEAKER. 

urhlu. 

The Chair recognizes the majority 

Mr. TvTANDERINO. Mr. Speaker, I have no further 

MASTER ROLL CALL 

requests for leaves af absence. 

cap,t, 

Hammock Mullen Stahl 

Hasay Mrkonie Stapleton 

Cessar Ilaskell Must0 Stout 

Cianciulu Hayes. D. S. Myers Taddonlo 

Cimlnl Hayes, S. E. Novak Taylor 

Cohen IIcpford NO ye Thomas 

Cole Hill O'Brien Toll 

Cowell Iiopkim O'Connell Trello 

Crawlord Iiutchinson, A. O'Donnell Turner 

Cumberland Hatchinson. W. O'Keefe UBtynakI 

Davlea 1wis Ollver Valicentl 

DeMedlo Itkin Pancoast Vrm" 

Deverter Johnson. I. Parker, H. S. Wagner 

Katz Perri Walsh. T. P. 

E:zF Kelly, A. P. Perry Waosacz 

.,,, 

rrietz 

'Jininnl 

LlombromU 

Kclly. 3. B. 

Kemick 

K~stler 

Kllngaman 

ICnepper 

Petrarca 

Pievsky 

Pitts 

Polite 

Pratt 

Wargo 

Weidnm 

Wsterberg 

Whelan 

Wiggins 

Doyle 

~ ~ 

Kolter 

~ I~owaiyrhy. ~ 

Prendergart 

bPyles b 

Williams 

Wilson 

Gckensberger 

KUSS~ Rappaport 

~ s ~ a r c ~ ILaveilstahl 

Wilt. R. W. 

Wlt. W. W. 

F,"$E,"ttpTt Laudadio Reed wojdak 

Per 

FiSchcr 

Fisher 

L;iughlm 

Lrderer 

ichr 

L.etterrnan 

Renninger 

Henwlek 

Rhodes 

Richardson 

Worrilow 

Wright 

Yohn 

Zearioss 

Fuster. A. 

Levi 

1.incoln 

nleger 

Hitter 

Zeller 

Zord 

Farter. W. 

Frelnd 

Fryer 

Logue 

L.yneh 

Manderlno 

Ross 

Ruggicro 

RY an 

ZwM 

nneman. 

~ ~ ~ Manmiller ~ 

llcCall 

h salwm V 

Speaker 

NOT VOTING-3 

Gleason McGraw Yahner 

he SPEAKER. The Chair is about to take today'? The SPI2,AKER. The Chair recognizes the minority 

master roll. whip. 

The roll was taken and was as follows: 

Mr. RYAN. Mr. Speaker, I request a leave of absence 

Abraham 

Anderson, 

Arthum 

Barber 

BellornlnI 

Bennett 

Beren 

Berlin 

Berson 

Bittle 

Ronetto 

Bradler 

Brandt 

Bm~mer 

Bum 

1 i (01 tlil, gentleman. Mr. GLEASON. for the week's session. 

YEAS-200 I The SPEAKER. Wilhout objection, leav:. is granted 

Garda McClatehy Salvatore 

I. E Geese~ McCue Scheaffer 

Geisler McGinnis Schmitt 

George MeIntvre Schweder 

Giammareo MeLane Seirfee 

Gillesple Mebus Seltzer 

Gillette Menhorn Shane 

Gleeson Milanovieh Shelhamrr 

Goodman 

Green 

Miller. M. E. 

M i , M. E. J 

Shelton 

Shuman 

Greenfield Millirnn Shupnik 

Grie~o Mlseevich Briannl 

Gring Moehlrnann 

Helvelson Morris 

Hamilton. J. 8. Mullen. M. P. 

Smith. E. 

Smith, L. 

Spencer 

I 

CALENDAR 

I 

JU1);CIARY B1T.L ON FINAL PASSAGE 

POSTPONED 

Agreeable to order, 

Th? bill having heen ~alled up from the poslponed calendar 

by Mr. BERSON, the House resumcd consideration 

on final passage of IIuuse bill No. 2257, printer's No. 

3389, entitled: 

-

Mr. ZELLER. Thanlc you, Mr. Speaker. 

Mr. Spenkcr, I had requested this to be reconsidered 

aftrr its passage last wreli for the following reasons, and 

i just came in ircm Allrnlown and I do not knr;e my 

material. hilt I will try to give what I can off the top 

of my hcnd here. 

l'bis hill will affcct your cntire area for this reason: 

Those pcoplc, whether they arc rncn or womcn, now 

cloing work at hqme will not he allowcd tn do that 

unlcss they are physically handicapped or can prove 

that they are ill in such a way that they cannot go 

elsewhere to worlc. 

Now we are talking about the fan?ily concept of having 

body else to raise. 

Nor*. 1 feel thiq is very, very discriminatory since it 

mainly arfe-ts the Philadelphia area. If you were to sce 

the list of companies which arc inr-olvrd in this throagh 

the Department of I,abor and Industry, which haw to 

irgister and pay a 5200 Fee per year to register to do 

this industrial homework. it mninlv affects the citv oI 

Philadclghia. 

LEGISLATIVE JOURNALHOUSE 

scveral of these employers. The employers themselves 

woi~id he very happy to see this hill enacted from this 

point of view: It is difficult for them to deliver goods. 

lr; llck ilp goods, to service machinery that happens to 

hc in the individual's home. But, by the same token, 

a moth~r or a ;,?rent-whcreas the father would have to 

l!lese s:imc employers do not want this particular bill 

e~~acled because it creates for them a bad community 

siluntion. in other u~ords, the scrvice that they are now 

pcrfnrming to the community is to those persons who 

nrcd hel13, and, in providing them these jobs in their 

own hr?m~s, they feel that they are doing a very fine 

p!iblic relations job. And I think this particularly should 

he noted, that it is a community service that is being 

done by inany of these employers and I think for this 

stay at home and the mother goes out to work, hut VCrY reason the bill should be defeated. 

mainly in this particiilar case it would hi. motherswho 

wzuld be at home with tlneir children. We are lalkin.2 

ahout this familv concent. 

On the question recurring, 

Shall bill pass finally? 

The way this hill ic drawn up, this molher ~voold. if Agreeahle to the provision of the constitution, the yeas 

she was i;hysically well, have to go out and get a joh if and nays were taken and were as follows: 

she needed money to supplement their income with the 

high cost of living today and leave her ctlildren to some- 

YEAS-I 11 

I fepl the citv of Philadelnhia should talr~ it.; rwn 

problcms under its own charter and handle then, without 

plncini: this condition upon thc entire slate. This is 

where lhc 7:rohlems lie. This is where the chicf sponsor 

romes from, with all rrspect lo hcr, and this is u~hr!.;. 

the prohlcm is. We do not have a problem will1 it ol~! 

in o~ur areas. No on? has cven raised thc issue. We have 

rvomen working and doing a fine job obtaining incomc 

lo take care of their families, and this is going to Bill 

that. 

Ni;w Mr. O'Connell put an smenclment in that is goino 

to exempt the shoe industry. Here is another discrim- 

inatory move. You talk about discriminalion in this state 

and this country. Here we have direct discrimination in 

two areas: One, people will not be able to do work i~i,Iess 

thcy are undcr a certain condition; and, secondly, only 

thc shoe induslry is cxempt. Can you imagine, of all thi. 

difirrent companies that are involved, the shzp industry 

is esernpt now. I never heard of this. This is ab- 

solutely ridiculous. 

So if yon are going to hc consistent and you want to 

hr fair, please, let us vote this hill down. 

\ire talk about the independence in this co~intry. pcoglr. 

being allowcd la do things. Are you going to allow this 

for a few union hosses--and that is what it is---in th-. 

ci1.y of Plliladelphi:~ who want this hill? That i.; onacl!; 

what it is, and T will say it and I can gct away wit11 i!. 

That is cxactly what it is. I hope we can vote this bill 

down, please. 

Abraham 

Barber 

Bellonilnl 

B~nnett 

Bprl~n 

BcrlOn 

Rnnetto 

Brldiey 

Anderson. J. H. 

Arthur. 

neren 

Rlttle 

Butera 

Cc.;sar 

Cirnlnl 

Cole 

Cowell 

Cumberland 

D."1~ 

nietz 

1)lninnl 

Dorr 

Paivcett 

Flshcr 

r?$tcr. A. 

I'o9ter. W. 

Fr~ind 

Fryer 

George 

Glamrnarco 

Glllespie 

Gillette 

Gleeson 

Goodman 

Green 

Grtenfleld 

l%alverson 

Haskell 

ilayui. D. 5. 

lititchlnron. A. 

Rutchinaon. W. 

Irvls 

ltkln 

.l"hnson. s 

Kelh. A. P. 

Tiernick 

K!!r:i!oman 

Kowaly5hyn 

l.aiMarea 

IAudadlo 

IdllEh!in 

Lellerer 

McCaU 

McIntyre 

McIane 

Menhorn 

Mllanovleh 

Miller, M. E. 

Mlller. M. E. 

Milliron 

Miscrvlch 

Morris 

Mrkonlc 

Mullen 

Must0 

Myers 

Novak 

O'Brien 

O'CunneU 

O'Keefe 

Oliver 

petr.rc. 

Plevsky 

Pratt 

Prendergast 

Rarenstahl 

Reed 

Rrnulck 

Richardson 

Rieger 

Rltter 

Ross 

Rugmero 

Saloom 

Schmitt 

Schwedrr 

Shane 

Sllelton 

Shupnik 

Stahl 

Sfspletm 

stout 

Taylor 

Toll 

me110 

Valleentl 

Wnnssez 

Wsrgo 

Whelan 

wiggins 

Willlams 

Wilson 

Wilt. R. W. 

wojdak 

Z*l 

Gallen 

Geesey 

Grieco 

Nemllton, J. 8. 

Hasay 

Mayea. S. E. 

Hepford 

HOpklns 

Katz 

1~~11~. J. B. 

Klatler 

IOlepper 

Koltcr 

1.e"I 

Lynch 

Manmlller 

McClatrhy 

McCue 

McGlnnlr 

Mebus 

Moehlmann 

Noye 

Pancoast 

Parker. 11. S 

Perri 

Pit@ 

PoUte 

Pylea 

Renninger 

Ryan 

Salvatore 

Scheaffel 

Selrlea 

seltzer 

Shelllamer 

Shumnn 

NOT VOTING-I5 

s1riam1 

Smith. E. 

Srmth. L. 

Spencer 

Taddolllo 

Thomu 

Turner 

Ustynoskl 

vrmn 

Brar~lt 

Cohen 

The SPEAKER. The Ciiair reco;;ni~es the z:~n!lxnan Urejbelbls 

from hhmtgomery, Mr. Pancoast. 

Grins 

Hammock 

rill1 

Mullen. M. P. 

O'Donnell 

Pepv 

Rhodes 

Wnlsh. T P. 

v.knpr 

Mr. PANCOAST. Mr. Speaker, th~re is verv liti1.e 1 The maiority required by the Constitution having voted 

can add to my comments of last week againsl this par- i . ~ t!~e afrirmative, the question was determined in the 

ticular bill. Over the weekend, however, I did contact affirmative.

LEGISLATIVE JOURNAL--HOUSE 

June 8, 

I 

Ordered, That the clerk present the same to the Senate an agreed-to amendment by both the Republican caucus 

for concurrence. and the Democratic caucus, and I offer that amendment. 

The SPEAKER. The Chair recognizes the gentleman 

QUESTION OF PERSONAL PRIVILEGE 1 fmm ~ ~ - h. i M,., ~ h ~ . i t t ~ ~ , 


from Lancaster, Mr. Brandt. For what purpose does the 

gentleman rise? 

Mr. RITTER. Mr. Speaker, what does the amendment 

do? I do not have a copy of the amendment and I voted 

against the bill 2 weeks ago because I thought there 

Mr. BKANDT. I rise to a question of personal privi- should have been amendments. 

lege. 

The SPEAKER. Would the gentleman, Mr. Bennett, 

The SPEAKER. The gentleman will state it. explain the amendments, please, on the floor? 

Mr. BRANDT. Mr. Speaker, had I been in my seat, I 

Mr. BENNETT. Mr. Speaker, it is basically the same 

would have voted "no" on House bill No. 2010. printer's 

amendment that was offered previously to the bill. It 

No. 3330. 

is my understanding, however, that that amendment that 

The SPEAKER. The remarks of the gentleman will had been accepted previously did not have certain lanbe 

spread upon the record. I guage in it. This amendment that is offered todav is a 

that inserts that new language to 

BUSINESS AND COMMERCE BILL ON 

FINAL PASSAGE POSTPONED Mr. Sweaker. the new language - - on age 2 of House bill 


No. 1510 strikes the word "TENANTS' in line 1 and adds 

The bill having heen called up from the postponed ~ ~ 1 new . language in line 5, "statutes pertaining to the mainendar 

by Mr. BENNETT, the House resumed considera- tenance and/or" management. 

tion on final passage of House bill NO. 1570, printer's NO. It is purely a technical amendment that, again, as I 


understand, has been agreed to. 

Is the gentleman, Mr. Ritter, satisfied? 

An Act restricting the rights of a landlord to evict in 

retaliation for actions by a tenant; providing for certain ~ h SPEAKER. , 

The Chair recognizes the gentleman 

civil actions and injunctive relief and establishing certain from Lehigh, Zeller, 

burdens to he met by the landlord. 

Mr. ZELLER. Mr. Speaker, would Mr. Bennett con-~ 

The SPEAKER. This bill has been considered on three sent to 

different days and agreed to and is now on final passage. 

The SPEAKER, Will the Bennett, con. 

The question is, Shall the bill pass finally? 

sent to interrogation? 

RECONSIDERATION OF VOTE ON 

HOUSE BILL No. 1570 

Mr. BENNETT. Yes. 

The SPEAKER. The gentleman may proceed. 

Mr. ZELLER. Thank you, Mr. Speaker. 

Mr. BENNETT moved that the vote by which HOUSE Mr. Speaker, presently in the law, is it not true-or 

BILL No. 1510, printer's No. 3295, as amended was agreed maybe someone else could help on this-that a renter 

to on Wednesday, May 26, 1916, be reconsidered. who feels that the roof is leaking or a window is out ur 

Mr. FREIND seconded the motion. 

the heat is not correct, and so forth, has a right now to 

On the question, 

Will the House agree to the motion? 

-Sotion was agreed to. 

appeal to the local magistrate to have this taken care of? 

Is that correct? 

MI.. BENNETT. That is correct, Mr. Speaker, in an 

area or a district where there is a local code enforcement 


officer, the point being, Mr. Speaker, that what this hill 

Will the House agree to the hill as amended on third attempts to do is to clarify that situation where no local 

consideration? 

code exists. 

Mr. BENNETT requested and obtained unanimous con- Mr. ZELLER. Mr. Speaker, I believe that the areas in 

sent to offer the following amendments, which were read: which there would he this tremendous amount of abuse- 

I find that almost cvery community has a code enforce- 

Amend Sec. 1, page 2, line 1 by striking out 

"TENANTS" and inserting: tenant's 

ment, either BOCA-Building Organization Contractors 

Amend Sec. 1, wage 2, line 5 by inserting after "AND/ Association-or some sort of code enforcement officer. It 

OR: statutes perta'lning to the maintenance and/or has to be pretty well isolated hefore it would not havc 

Amend Sec. 1, page 2, line 11 by striking out "the" one. 

Amend Sec. I, page 2, line 12 by striking out "of" 

Amend Sec. J, page 2, line 13 by striking out all of 

Mr. BENNETT. The gentleman is substantially corsaid 

line and inserting: (4) exercising any other legal rect, Mr. Speaker, and as has been indicated on previous 

right. 

occasions when we were debating this bill, that landlord 


Will the House agree to the amendments? 

who is in compliance really has no problem with this 

legislation. What this legislation is dirccted to, if I may, 

Mr. Speaker, is the slum landlord from whom a tcnant 

The SPEAKER. The Chair recognizes the gentleman canno; find help. It is directed to that person and that 

from Mercer, Mr. Bennett. 

person alone, and that is the only way that I can answer 

Mr. BENNETT. Mr. Speaker, the members will recall the gentleman, Mr. Speaker. 

that the bill we are now discussing had been called Mr. ZELLER. Mr. Speaker, another question: We 

previously to the floor. It is my understanding, Mr. passed legislation about 3 years ago, if I remember cor- 

Speaker, that the amendment that I have just offered is rectly-it could have been 2 years ago-that stated that

1976. LEGISLATIVE JOURNALHOUSE 5125 

an individual who has a problem may have it corrected 

and either bill the property owner or take it out of his 

rent. Am I correct in that statement? We passed that 

about 1973 or 1974, legislation that allows a renter to 

do that. 

Mr. BENNETT. If the gentleman is making that state- 

mcnt, Mr. Speaker, I would agree with it. I would not 

argue with that. 

Mr. ZELLER. If someone would want to correct mc 

on this, pleas? do; otherwise, I believe this holds true. 

What I am getting at is this: I think the basic funda- 

mental principle, and I should say a basic pride of heing 

an American citizen, is the owning of property, and there 

is a tremendous responsibility, I realize, for a person who 

is a landlord to a tenant. However, I believe what we 

arc doin? here is that we are going to throw the baby 

out with the wash if wc are going to allow only a few 

aburive people to tear up a piece of property with no 

responsibility at all, and then the landlord is dead. 1 

know and I realize this, and the amcndment is not 

helping it. 

POINT OF ORDER 


from Mercer, Mr. Bennett. For what purpose does the 


Mr. BFNNETT. I rise to a point of order. 

The SPEAKER. The gentleman will state it. 

Mr. BENNETT. Mr. Speaker, on my point of order, J 

illst raisc a question to the Chair. Is it my understanding 

that we are on the amendment or are we on the bill? 

T!le SPEAKER. We are on the amendment. 

Mr. BENNETT. Mr. Speaker, I will attempt to answer 

;:ny question I can relative to the amendment, hut the 

amendment that we are now debating is purely a tech- 

The SPEAKER. Would the gentleman yield for just a 

moment? 

Does the gentleman, Mr. Freind, have an amendment to 

offer? 

Mr. FREIND. Yes, I do, Mr. Speaker. 

The SPEAKER. The Chair is unable to hear the 

gentleman. 

Mr. FREIND. Yes, I do have an amendment. 

The SPEAKER. Will the gentleman, Mr. ZeUer, yield 

for an amendment? 

Mr. ZELLER. I will, Mr. Speaker. 

The SPEAKER. The Chair thanks the gentleman. 

DECISION OF CHAIR RECONSIDERED 

The SPEAKER. The Chair reconsiders its decision as 

to this hill having been agreed to a third time and recog- 

nizes the gentleman, Mr. Freind, who offers the following 

amendment which the clerk will read. 

Will the gentleman send the amendments to the desk, 

and will the gentleman make a copy of that amendment 

immediatelv available to Mr. Bennett? 

Has this amendment been distributed to the members 

of the House? 

Mr. FREIND. Yes, it was, Mr. Speaker, about a week 

and a half ago. 

Mr. BENNETT. With the gentleman's name on it, 

Mr. Speaker? 

We were aware of an amendment by the gentleman, 

Mr Wagner. It is the only one I am aware of. 

Thc SPEAKER. Are the members of the House agree- 

~hle to this hill now being temporarily passed over until 

khe gentleman, Mr. Bennett, has an opportunity to 

examine this amendment? 

Does the gentleman, Mr. Bennett, desire to have this 

bill temporarily passed over? 

nical am~ndment and I think the gentleman is going just Mr. BENNETT. Well, Mr. Speaker, if I can just have 

a lillle bit too far in the interrogation on the amend- a moment to see the amendment to try to understand 

ment. I would be more than happy to stand for inter- what it does. 

rogation on the bill. 

The SPEAKER. The House will be at ease. 

Mr. ZELLER. Mr. Speaker, I understand the amendment 

was agreed to and I did not know we were on th? BIL1,S PASSED OVER TEMPORARILY 

amendmcnt. I thought the amendment was agreed to for 

technical changes. That is all I thought. So if we are The SPEAKER. The Chair recognizes the majority 

on the amendment, I know nothing ahout that. Icadcr. 

Mr IRVIS. Mr. Speaker, with the indulgence of the 


House, I would like to ask that the Chair pass over 


House bill No. 1570 as amended and House bill No. 1571, 

Amendments were agreed to. 

which is the next hill to be called UD. We will call both 

~ -~ ~ 

~ .~ 


of them up following the noon recess for lunch, and by 

Wlll the House agree to the bill as amended on third 

that time I hope everyone who has an amendment will 


have it circulated and everyone who intends to vote on 

Bill as ampnded was agreed to. 

an amendment will have seen it. Will you declare both 

hills over temporarily, please, Mr. Speaker? 

The SPEAKER. The Chair recognizes the gentleman The SPEAKER. House bills Nos. 1570 and 1571 will 

from Lehigh. Mr. Zeller. be temporarily passed over. 

Mr. ZELLER. Thank YOU. . . Mr. Speaker. 

I Because the amendment only dealt with a technical QUESTION OF PERSONAL PRIVILEGE 

chanze, it had nothing to do with changing the body to 

where I would say this is a good bill. It still is not a good The SPEAKER. The Chair recognizes the gentleman 

bill, and I would say that for responsibility in this country. from Allegheny, . Mr. Fisher. For what purpose does the 

if we want responsibility, people to he ab!e to he account- gentleman rise? 

able, we cannot allow anyone who owns property to be Mr. FISHER. I rise to a cluestion of personal privilege. 

nbuqed, and. likewise, the person owning property to The SPEAKER. The wili state it. 

abase someone else. But I believe that the amount of Mr FISHER. Mr. Speaker, on House bill No. 1858 

people involved here in areas where they have- yesterday I was out of my seat when the vote on final

5126 LEGISLATIVE JOURNAL-HOUSE June 8, 

passage was taken. I would like to be recorded in the 

negat~ve. 

The SPEAKER. The gentleman's remarks will be 

noted for the record. 

STATE GOVERNMENT UILL ON FINAL 

PASSAGE POSTPONED 


The bill having been called up from the postponed cal- 

endar by ,Mr. BRANDT, the House resumed consideration 

on final passage of House bill No. 1377, printer's No. 


An Act amending Election Corle," 

approved June 3, 1937 (2. L. 1333, NO. 320). further Pro- 

viding for referendum questinns, appointment of watchers, 

compatible offices, availability and the use 

and placement of sample hall~ts. 

The SPEAKER. This hill has bxn concidcrcd 011 three On the question, 

different days and agreed to and is now on final pasqage. 

The question is, Shall the hill pass finally? 

Agreeahle to the provision of the Constitution, the yeas 

and nays will now he taken. 

Barber 

YEAS-187 

Abraham Geialer 

Anderson. J. H. George 

Arthum Giemmarco 

Bennett Gillesole 

~fllette 

McCue 

McGlnnir 

McIntyre 

McLane 

Mebus 

Gleeson Menhorn 

Bonetto 

Bradley 

Brandt 

Gnodman 

Gmen 

Greenflcld 

Grieco 

Grlng 

Mil~novieh 

Miller, hl. E. 

Miller. M. E., 

Milliron 

Miscevieh 

Urunner 

Rum 

Butera 

caputo 

Cessr 

Cianciulll 

Halvemon Moehlmann 

llamiltcn. J. H. Morris 

Hasay Mrkontc 

Hankell Mullcn. M. P 

Hayes. D. S. Mullen 

Hayes. S. E. Musto 

cimtnl 

Cohm 

Cole 

Hepford 

Hill 

IIopklns 

Novak 

No ye 

O'Rrien 

cowell 

Crawlord 

Hutchlnson. A. 

Imis 

O'Cannell 

O'Donneli 

Cumberland 

Davles 

DeMedlo 

Deverter 

DeWeese 

Dharlo 

Itkln 

Johnson. J. 


Kelly. A. P. 

Kelly, J. B. 

ICerniek 

O'Keete 

Oliver 

Paneoast 

Parker. H. S 

Perri 

Perry 

DiDonato 

Di& 

Kistler 

Mingamsn 

Kncpper 

Petrarca 

Pirvsky 

Pittv 

Kowalyshyo Polite 

Kusse 

LaWama 

~"clicnsberge~ r Laudadlo 

englehart Ieuzhlin 

Fawcetl T.ederer 

Fee 

Lehr 

nseher Letterma 

Fisher 

Lev1 

m a h e 1,inroln 

Foster. A. Logue 

"orter. W. Lynch 

Frefnd Manderlno 

Fnrer 

Manmiller 

Gallaha McCall 

Gallen MeClatchy 

Geese7 

Pran 

Prenrlergast 

Pylcs 

Rappaport 

Ravenstalil 

Reed 

Renninger 

Renwlck 

Richardson 

Riegrr 

Ritter 

R m 

Ruesiero 

Ryan 

SRloom 

NAYS-3 

Salvatore 

Scheaffer 

Schmitt 

SChlvedcr 

scirica 

Seltzer 

Shane 

Shrlhsmer 

, Sheltan 

Shuman 

Shupnik 

Sirianni 

Smith. E. 

Smith. L. 

Stah1 

Stapleton 

stout 

Taddonlo 

Taylor 

Thomas 

Toll 

Tmllo 

Turner 

Valicentl 

Vroon 

Wagner 

wanaaez 

Warm 

Weirlner 

Westerhe; g 

Whelvn 

Wiggins 

Williams 

Wilt. R. Ur. 

Wilt. W. W 

wajda* 

W0rri10vr 

Wrigkit. 

Yohn 

Zesrfosn 

Zeller 

beman. Speak* 

DUinaa' ~ . ' G.irila. 

NOT VOTING-13 

'. , . 

. ..~ . .~ 

. ,. 

~ 

H~ltehi~son. W. 

Kolter 

Myem 

Rhodell 

Walsh, T. P. 

Wilson ', 

MCGIBW Ust)dor;l;i, , 

. . 

. . Yahn~ . , 

. ~ 

,, 

The majority required by the Constitution having voted 

in the affirmative, the question was determined in the 

affirmative. 

Ordered, That the clerk present the same to the Senatr 

Lor cancurrcnce. 

LABOR RELATIONS RII.1, ON 

TIIIRD CONSIDERATION 


The Ilouse proceeded to third considcrntion of PIouse 

bill No. 894, printer's No. 10?7, entitled: 

An Act relating to the safety of workmen in the constriictioll 

and maintenance of electric service ensuring 

th;,t will rrcrivc mori. atiequate and reliable 

cl~r!ric service and conferring powers and imposing 

d1:ties on the Department of Labor and indilstry and 

courts of common pleas. 

the HoLlse agree to hill on third consideration? 

BILL RECOMI1IITTED 

Mr. ENGLEHART moved that House blll No. 834 be 

rccommii.ted to the Committee on Labor Relations. 

Motion was agreed to. 

HOt!SZ EIT;T, No. 770 RECOMMITTED 

The SPEARE12. The Chair recognizes the majority 

lender. 

Mr. IRVTS. Mr. Speaker, I move that Horioc bill No. 

770, printer's No. 2645, be taken from the table and 

recommitted to ihe Committee on Appropriations for a 

fiscal note. 


Will the Hollse a,

Amrnd Sec. 11. page 11. line 8 by striking out "Justice" 

and inserting: the Auditor General 

Amend Src. 11, page 11, line 11 by striking out "Justice" 

and inserting: the Auditor General 

Amend Sec. 11, pagc 11. linc 12 by inserting after "the": 

Court of Claims of the 

Amrnd Sec. 11, page 11, lines 12 and 13 by striking out 

"Justice from the Department of" 

Amend Scc. 11, page 11, !inc 14 by inserting after "the" 

where it appears thc first timc: Board of Arbitration of 

Claims in the 




from Schuylkill, Mr. Goodman. 

hlr. GOODMAN. I believe the amendments are agreed 

to, Mr. Speaker. 

The SPEAKER. Will the gentleman briefly explain 

the amendments? 

Mr. GOODMAN. The amendments leave the Board of 

Claims under the jurisdiction of the Auditor General 

wherc it now is. The bill would have transferred this 

to the Dcpartment of Justice. The amendment takes out 

"Justice" and leaves it under the jurisdiction of the 

Auditor General. 


l,?ill the House agree to the amendments? 



Will the House agree to the hill as amended on third 


&rr, MANDF,]2TNO and unanimous 

conscnt to offer the following amendments, which were 

LCdU. 

Amend Title, page 


line 14 by inserting after ccforv: 

hparing panels an11 for 

Amend Sec. 2 (Sec. I), page 3, by inserting between 

lines 21 and 22: 

The Court of Claims may, in its discret;on appoint 

Amend Sec. 8 (Sec. 8), page 8, line 21 by inserting after 

"Claims": or hearing panel 

Amend Sec. 8 (Sec. 8), page 8, line 26 by inserting after 

"hearmg." 

If the hcaring is before a panel, such panel shall make 

its recommendntlon or recommendations to the court 

within thirty (30) days after the hearing, 


will the ~ouse agree to the amendments? 

The SPEAKER. The Chair recognizes the majority 

whip. 

Mr. MANDERINO. Mr. Speaker, the Court of Claims, 

as set up under Pennsylvania law, handles disputes that 

arise with persons in the general public, corporations 

and firms that have disnutes with the Commonwealth in 

matters of contracts and other matters. 

~h~ cnlirt of claims in the last several years has had 

difliculty making their decisions within the time pre- 

scribed by law and even within reasonable times, 

many cases are not decided for periods of time 

up to and years, all during which time, when a fa- 

vorable decision to the claimant is made, interest must 

be paid by the Commonwealth. The Commonwealth has 

naid in individual cases as high . as $82.000 . . in interest. 

My amendment simply tries to expedite the process 

of arbitrating or settling the claims before the Court 

of Claims by allowing the Court of Claims, in cases where 

the decision cannot be made under the law within 

60 days-or at least in the opinion of the secretary of 

the hoard-to refer the matters to a hearing panel, 

amendment sets up three separate hearing panels 

-one in the eastern district of the state, one in the 

western, and onc in the central district of the state. There 

arc two members on each panel; one is an engineer and 

onc is an attorney. The amendment provides for their 

rate of pay at $150 per day. There is a top limit that 

any psnelist can receive in any one year of $10,000, which 

"lakes the total cost of this particular amendment $60.000 

So far as paying the panel members is concerned. It is 

my opinion that much more than the $60,000 that we will 

spending to expedite ,f the court of 

Claims will bc saved in the interest saved by the Com- 

m:~nwealth on the claims that are arbitrated or settled 

some four and perhaps more years after they are origin- 

three hearing l,anels consisting of two individIlals each, 

one .~f whom sl~ali be a rczistered enginrer and the other 

rnf witom shnli hr lrnrned in the lam and shall be the 

chairman. These individuals shall receive actual travel- 

I : exp-nses and per diem compensation at the rate 

,f hundrrd fifty dollars !~150) per day for the time 

c:.:~.~!!~ dcvotzd to the h~ic~nrs: of the court, but no 

]?avrl mrrnhrr shall he paid more than ten thousand 

dollars ($10,000) per diem compensation in any calendar ally fi!cd, and interest runs from the date of claim. I 

yczr. The hearing ~anr!s shall he denominated the Eastern, 

:fiddle and wrctern ~ i ~ t ~ i ~ ~ t panel, ~ re- ~ would j ask and ~ urge g the House to adopt the amendment 

spectively, and sha'! have jurisdiction in areas of the that I propose, Mr. Speaker. 

Ccmmonwea!th coter-.~inus with the three judicial districts 

of the United Stntrr District Courts in the Com- The SPEAKER. The Chair recognizes the gentleman 

mrnw~alth istablished by section 118 of the Judicial fron, philadelphia, M ~. perry, 

Code and Judic'nry. art of June 25, 1948, as amended 

June 2. 1070 (P. I,. 93-272), 28 U.S.C. section 118. 

Mr. PERRY. Mr. Speaker, thank you. 

Amend Sec. 6 (Sec. 6), page 6, line 27 by inserting after The SPEAKER. Is the gentleman addressing himself to 

"answer.": 

When. in the opinion of the secretary of the court, a 

the amendments? 

decision by the court is unlikely to be made within sixty Mr. PERRY. Yes, to the amendments. 

(60) days from the date of hearing, as provided in section 

8, the secretary of the court may refer the case, together The SPEAKER. The Chair recognizes the gentleman. 

with all pleadings, to one of the three hearing panels 

e5tahlishcd pursuant to section 1, within its jurisdiction. Mr. PERRY. want the House to know that this 

The henring panel shall list the,case for hearing at the amendment, except for the cost being $200 a day for 

earllest available date after recclnt of the case from the 

was part of the original bill and it was 

secretary of th? court. The hearing panel shall be sub- amended out of the hill in we gave the 

!rzt to all the reuuirements of th~s act as to procedure, 

hearings and opinions, as tht, rourt. ~h~ hearing reasons why-because the hoard does have the authority 

shall forward it? reci~xnenc7.ation or recommendations to appoint experts and investigators and so forth-and 

to the court. within the time established pursuant to we ripped it out of the bill in committee, and I offered 

section 8. 

the amendment. I stlll feel strongly that these panels 

AmendSec.8 (Sec. 81, page 8,line 17 by Ip~erting after 

"Claims": or hearing panel . : 

are not, needed and I oppose the amendment.

5128 LEGISLATIVE JOURNALHOUSE June 8, 

The SPEAKER. The Chair recognizes the majority On the question recurring, 

whip. Will the House agree to the amendments? 

Mr. MANDERINO. Mr. Speaker, what Mr. Perry says 

The yeas and nays were required by Messrs. MANis 

correct in part. The hearing panels as set up in the DERINO an d BUTERA and were as follows: 

original bill were opcn-ended so far as compensation 

was concerned. The figure was $200 per day per panel 

member, and we have reduced that to $150. We have 

Arthurs 

also put a top limit of $10,000 per year. The way it ap- Bennett 

peared to the committee was that the open-endedness, Beren 

allowing the $200 a day fur as many days as they may be 

able to smchedule or want to schedule, was just taking Bonetto 

off too much and providing too much help for the court. :$ 

I think that the amendment is greatly different, and Brunner 

I would again emphasize that we are only talking about 

::f:"* 

a cost of $60,000 and I would urge adoption of the caput0 

amendment. 

Cianciulli 

Clmr"l 

The SPEAKER. The Chair recognizes the minority E:F: 

leader. 

Crewford 

Cumberland 

Mr. BUTERA. Mr. Speaker, I rise to support the con- navies 

cept put forth by Mr. Manderino. The important thing DeMemo 

DrWeeSe 

here is that citizens of this Commonwealth are being D~D,,,~ 

denied justice and in many instances they are being DldNu 

DOmbrOmkl 

denied recovery of funds, and it is absolutely wrong 

for the government to keep the people's money, par- Doyle 

titularly when the reasons why they are being denied ~ ~ ~ 

justice and, in some cases, recoveries are because of lack Fawcett 

of personnel, lack of time being able to he devoted to 

these important claims, and I think we have every oh- ~lnheny 

ligation to speed up this process so that the people are :$, 

given justice. 

Frelnd 

I 

Gallagher 


from Lehigh, Mr. Zeller. 

GBFzla 

Lynch 

Geesey Manderlno 

Gelsler hlcCall 

Glammarm MeClatchy 

Gillesple McCue 

Glllette McLene 

Gleeson Mebus 

Goodman Menhorn 

Green 

Milanovlch 

Greenfield Miller. M. E. 

Gllem Miller. M. E., 

Gllng 

Milliron 

Hamilton. J. 5. Miseevich 

HaskeU Moehlrnann 

Hayes, D. S. Mullen 

Hepford Musto 

Hill 

Myers 

Hopkins Noye 

Hutchinson.A. O'Brien 

Hutchinson. W. O'Connell 

Irvls 

Pnneoast 

Johnson. 3. Parker. H. S 


Petrarca 

Kelly. A. P. Pltta 

Kelly. J. B. polite 

KIstler 

Pratt 

Rappaport 

~ ~ ~ Ravenstahl m e r 

Reed 

Rennlnger 

Richardson 

Rleger 

Ritter 

Lehr Ryan 

Lincoln Saloom 

Logue 

NAYS47 

Seheaffer 

Schmitt 

Schwcder 

Sdrica 

Seltzer 

Shane 

ShupnIk 

Sinannl 

Smith, E. 

Smith. L. 

Spencer 

stout 

Taddonio 

Taylor 

Toll 

Rello 

Ustynoskl 

Vroon 

wansaez 

Were0 

weizner 

Westerberg 

William 

Wilson 

Wojdak 

wornlow 

Wright 

Yohn 

Zearfoss 

Flneman. 

S1)eak-r 

Mr. ZELLER. Mr. Speaker, it is not often that I would 

' 

agree with the leadership, hut this happens to he a case 

where, upon checking with the Department of Labor Bltr!e 

Cebsar 

and Industry, we have such a backlog of cases- 

Cnweli 

The SPEAKER. Try it; you might like it, Joe. 

Ueverter 

Dietz 

Mr. ZELLER. Thank you. 

~umas 

-there is a terrible injustice going on right now in $",regard 

to handling these, so I do believe that in cherk- Gallen 

, 

George 

Halveraon 

Hasay 

~ayes, S. E. 

Kernlek 

Kurse 

LaMares 

Letterman 

hvl 

Manmiller 

McGinnla 

McIntyre 

Momla MrkonIc 

Novak 

O'Keefe 

Perll 

Perry 

Prendereast 

Pyles 

Renwic* 

Rwr 

Salvatore 

Shelhamer 

shuman Stah1 

Stapleton 

Thomas 

Turner 

vs~~entl 

Wagner 

Whelm 

Wiggins 

WLII. H. W. 

Wilt. W. W 

ing, this is a good amendment. 

NOT VOTING-16 

The SPEAKER. The Chair recognizes the gentleman Bellomiol Hammo~k O'Donnell Rugmero 

from Philadelphia, Mr. Perry. 

D~earlo Itkin OUver Shelton 

DreIbelbU McGrsw Plevsky WaWI. T. P. 

Mr. PERRY. Mr. Speaker, the purpose of this entire ~1,,,,, Mullen, M. P. Rhodes Yaer 

concept was to get this panel to work full time and 

compensate them accordingly. They are hearing cases 

So the question was determined in the affirmative 

maybe 1 or 2 days a week; 2 days at the most. With 

and the amendments were agreed to' 

the bill giving them adequate compensation so they On the question recurring, 

could serve full time, they can certainly catch up on that I will the House aeree to the bill as amended on third 

~ - ~~~-~~ ~ ~~ 

backlog. 


The backlog of cases went from 90 in 1973 to 125 some- t ill as amended was agreed to. 

time in 1975. So there was a backlog of 30 cases created 

in the period of about z years. with the panel work- The SPEAKER. This bill has been considered on three 

ine - full time. . they could certainlv catch " ~- ~~A~ ... that ~~~~~. hnrk- --... different days and agreed to and is now on final paslog. 

These panels are ahsoluteiy not needed. If they 1 sage. 

cannot catch up on full time, 35 cases that have hack: The question is, Shall the bill pass finally? 

logged in a little over 2 years-I wou!dlike to he on this 

panel. I will be through December 1. Maybe I will go 


to school and get a degree in engineering or law and 

from Delaware, Mr. Zearfoss. 

he . on . this .- . nand --. 

I 

Mr. ZEARFOSS. Mr. Speaker, I have just one aues- 

I am against this amendment. We ripped it out in ti0" for one of the sponsors of the bill. 

committee by, well, not quite a unanimous vote, and I The SPEAKER. Will one of the sponsors of the bill 

urge the members to vote against it. consent to interrogation? Mr. Manderho?

1976. LEGISLATIVE 


Shall the bill pass finally? 

Agreeable to the provision of the constitution, the 

yeas and nays were taken and were as follows: 

JOURNAL-HOUSE 5129 

Mr. MANDERINO. Yes, Mr. Speaker. 

The SPEAKER. The gentleman will proceed. 

Mr. ZEARFOSS. Mr. Speaker, I have read over this 

bill, and it indicates that jurisdiction to try certain cases 

is put in this Court of Claims. Does that indicate that 

it is exclusive jurisdiction? In other words, is any other 

tribunal in this Commonwealth capable of trying the 

same claims, or must they go bcfore the Court of Claims? 

Mr. MANDERINO. Mr. Spcaker- 

Mr. ZEARFOSS. The bill does not say "exclusive." 

That is why I am asking the question. 

Mr. MANDERINO. Mr. Speaker, I am not sure of the 

answer to the gentleman's question. If you would want 

to defer final passage of this until I look at the section 

that he is asking ahout, then maybe I can answer his 

question. 

Mr. ZEARFOSS. Mr. Speaker, I am willing to put 

this over temporarily, because I do think it is an important 

issue. It has been raised in several court cases. 

I do not think the bill does determine it definitively, and 

I think some record ,should be made at this time to indicate 

what is intended. 

Mr. MANDERINO. Mr. Speaker, perhaps in answer 

YEAS-186 

to the gentleman-and we can dispose of this matter 

at this time-it is my understanding, and the persons 

who have looked at the hill more closely than I have 

indicated, that we are not ch?nging the manner of jurisdiction 

that we have right now. By reference to the act 

we are simply saying that the court will have the same 

jurisdiction that t h ~ various acts give to the court at 

this time. 

Mr. ZEARFOSS. One other question: The hill, and I 

guess the present law, provides that the court would 

have jurisdiction only of claims in excess of $300. How 

are the claims against the Commonwealth under $300 

NAYS-2 

tried under the law as amended or under present law? Halveman Perry 

Mr. MANDERINO. Mr. Speaker, I am going to give 

y,>u my opinion. I do not think there is a place to take 

claims under $300. It may he the Board of Finance and ~~~~~~~ Revenue. I lmom it is not the Court of Claims. 

Gleasm 

flammoek 

Mr. ZEARFOSS. Would it be conceivable that a claim 

NOT VOTING-15 

Kolter Mullen. M. P. 

McGraw 0.Domell 

Miller. M. E.. Jr. Oliver 

Moehlmam Rhodes 

Wagner 

WaLsh. T. P. 

Y&er 

under $300 would be taken to a local district justice? The majority required by the Constitution having 

Mr. MANDERINO. Viell, you are going to get into the voted in the affirmative, the question was determined 

rlnestion of sovereign immunity, but I imagine you can. in the affirmative. 

Some people have taken claims to court in the lower Ordered, That the clerk present the same to the Sencourts 

and have had the doctrine of sovereign immunity ate for roncurrmcc. 

very much modified in recent years. 

Mr. ZEARFOSS. Does the doctrine of sovereign immunity, 

Mr. Speaker, apply to contract cases? I was 

TRANSPORTATION B1I.L ON 

TkIIRT) CONSIDERATION 

under the im~ression that it applied only in tort situations. 


The Rouse proceeded to third consideration of Senate 

Mr. MANDERINO. Mr. Speaker. I am not going to 

bill No, 888, printer,s No, entitled: 

attempt to stand here and give a dissertation in the 

law of sovereign immunity. The Supreme Court is evolv- An Act amending the act of June 1, 1945 (P. L. 1242, 

ing right now, as you are well aware, M~. speaker, the 

NO. 428), entitled "State Highway Law: further provid- 

Ing for vegetation along h~ghways. 

law of sovereign immunity in this jurisdiction, and I 

would not hope to be an expert on the matter. 

On the question. 

Mr. ZEARFOSS. Thank you. Mr. Speaker. 

Will the House agree to the bill on third consideration? 

Abraham mer Manderino Scheaffer 

Irlanmfller Sehmitt 

yzz J. GarLLa McCall Schweder 

mrber Geseg MeClatchy Scirica 

~~~;~~" 

Geisler MeCue Seltzer 

Bere,, 

George 

~iammnrco 

McGinnIs 

~crntyre 

Shane 

shelhnmer 

Berlln Gillerpie ILrcLane Shelton 

Berson Gll!ette Mebus Shumm 

Bittle 

Bonetto 

Bmdley 

armdt 

Gleeson 

Goodman 

Gleen 

Greenfield 

Menhorn 

Milenovlch 

i l l ME. 

n~illiron 

Shupnlk 

Sirianni 

Smith. E. 

smlth, L. 

Br-er Grieeo Miscevieh Spencer 

Bum 

Rutera 

Gnng Morris 

Hamilton. J. R. Mrkonic 

Stahl 

Stapleton 

Caputo Hasay Mullrn 

Ceasar 

Haskell Musto 

Cianeiulli Hayes, D. S. Mycrs 

IIayes. S. E. Novak ~~~~ Hepiord Noye 

Cole HIII O'Brlen 

Hopktns O'Connell :,"$ird Hutchinson. A. O'Keeie 

Cumberland Hutchinson. W. Paneosst 

1mls Parker. H. S. :z~lo ltkin Pen1 

~everter Johnson. J. Petrarea 

DeWeese Katz Picvsky 

Dlcarlo Kelly, A. P. Pitts 

stout 

Taddonlo 

Taplor 

Thomas 

Toll 

TE~O 

Turner 

Ustynoskl 

Vallcentl 

Vrwn 

WBnSBCZ 

Wargo 

Weldner 

Westerberg 

DiDonato Kelly. J. B. Polite whelan 

~ ~ ~ 

Kernlck 

Klstler n l 

Pratt 

Prmdcrgart 

Wiggtns 

Williams 

~ ~ r n b ~ m~ k ~ ~ 

Do'T Xnepper 

Doyle Kowalyshyn 

D, Kusre 

Eckensberser LaMsrcs 

pyxes i ~ 

Rappaport 

Ravenstah1 

Reed 

Renninger 

Wlhon g 

wllt. R. W. 

Wllt. W. W. 

Wojdak 

Wo~low 

~ ~ 

Englehart Laudadlo Renwiek Wright 

Fa,,,, Laughlin Richardson Yohn 

Fee 1.ederer 

Lehr 

Rieger 

Ritter 

Zearloss 

Zeller 

Letterman Ross Zord 

Flaherty 

Foster. A. 

w, 

Lev1 

Lincoln 

Logue 

Rugglero 

Ryan 

Saloom 

Z W 

Fineman. 

Freind Lynch Saivatorc Speaker 

BILL RECOMMITTED 

Mr. IRVIS moved that Senate bill No. 888 be recom- 

mitted to the Committee on Transportation. 

Motion was agreed to.

5130 LEGISLATIVE JOURNAkHOUSE June 8, 

The SIJEAI,:ER. The Chair recognizes the minority 

leader. 

Mr. BUTERA. Mr. Speaker, I think this is thc bill 

that we are putting over until this afternoon until we 

have a chance to caucus on some inlormation which is 

being- 

Mr. IRVIS. No, Mr. Spealcer, it is Rouse bill No. 2448. 

Mr. BUTER.?. Well. that is the one that is on thc 

board. 

The SPEAKER. Thc Speaker has called up House bill 

No. 2448. 

ANNOUNCEMENT 


from Philadelphia, Mr. Perry. 

Mr. PERRY. Mr. Speaker, thank you. 

There is a meeting of the State Government Committee 

scheduled for 10:30 this morning. That meeting is can- 

ct-led, apparently becalrse we are here. 

The SPEAKER. The Chair thanks the gentleman. 

IIOUSE BILT, NO. 2448 PASSED OVER 

TEMPORARILY 

Mr. IRVIS. No, Mr. Speaker, that is an error. 

Thc SPEAKER. This hill will he temporarily passed 

over. 

Mr. IRVIS. I apologize to the minority leader. I did 

not s t to the Speaker in time to alert him. 

PREFERRKD APPROPRIATION RII,l, 

ON TAIlbD CONSIDERATION 


The IIouse proceeded to third consideration of House 

bill No. 2379, printer's No. 3343, entitled: 

An Act establishing the Miss Pennsylvania Scholarship 

Fund, providing for its administration by the Secretary 

of Commzrce and mnk~ng an appropriation. 


Will the House agree to thc bill on third consideration? 

Bill was agreed to. 

The SPEAKER. This b;ll has been con~idrred on threc 

different days and egreed to and is now on final pasage. 

Thc n1:estion is, shall thc bill pass finally? 

Agreeable to the provision of the Constitution, the yeas 

and nays will now be taken. 

YEAS--149 

Abl'ahlllll Gianunerco Menhorn Scbmftt 

Barber Glllespic Mllsn~vlch Schwrder 

Bemen Gillene Mlller. M. E. Sdrica 

Beren Gleeson Miller. M. E.. Jr. Shane 

Rcrb Goodmm MllUron Shelllamer 

Berson Green Mlseevich Shelton 

Ronetto Greenlleld Moehlmann Sbupnlk 

Bradley Grleeo Morris Smith. E. 

Brandt Hamilton. J. H. Mrkonie Smlth. L. 

Bmnner Haskell Mullen. M. P. Spencer 

U- IIayea. D. 5. Mullen Stah1 

Caputo Hayes, S.E. Mu-to Stapleton 

Cianciulll HPP:OT~ Myers Stout 

Clmini Full No"& Taddonio 

Cohen Hopkins O'Brien Taylor 

Cole Irris Ollver Thomss 

Cowell Jobnson. J. Panconst Toll 

Curnberland Kolly. A. P. Parker. H. S. Trello 

nityle. Kernlck Pem Ustrno.4Zl 

DeMedIo Klatler Perrv Vallcenfl 

~~~onato ~ows~yshyn ~ ~ t t s 

Dieta I~aMarea Pratt 

ullelsn 

Wigglns 

DiNnnl 

Doyle 

Dumas 

Laudadio 

Zaushh 

Lederer 

Lehr 

Prendergest 

Pyles 

Rappaport 

Ravenstahl 

Willlam 

Wllaurl 

Wilt. R. W. 

Wilt. W. W. 

Eekensberga 

"ngl*" 

Fee 

~hcoln 

Losue 

Lynch 

Reed 

Renninger 

Renwick 

Woidak 

Worrilow 

Wrlght 

riaer Manderlno Rirger Zearform 

Fryer 

Gallaghu 

callen 

Garda 

Geislcr 

Manmiller 

McCaU 

MeClatchy 

McCue 

M.lcIntyre 

~itter 

Ross 

Rugglero 

Ryan 

Saloorn 

7~ller 

ZWM 

fieman. 

Speaker 

George McLane Salvatore 

Andenon. 

Arthvrs 

n1ttle 

Butera 

Cesrar 

Crawford 

Deverter 

Don 

Fawcen 

Flseher 

maherty 

Foster. A. 

~ ~. 

I 

Foster. W. 

Frcind 

Geesev 

Hasay 

Hutchlnoon. 

1Iutchlnron. 

Itki" 


Kelly. J. B. 

NAYS45 

Kolter 

Kusse 

Letterman 

Lev1 

MeGlnnl~ 

Mebus 

Noye 

O'Connell 

O'Donnell 

O'K~efe 

Polite 

NOT VOTING-9 

ScheaBer 

Seltzer 

Shuman 

Slnanni 

Turner 

Wagner 

Wsrgo 

Weldner 

We3terberg 

Yohn 

Zord 

Bellarmnl Hammock Rhoder Walsh. T. P 

Dreibelbu McGraw Rlchar&on YBhntl 

Gle-2, 



affirmative. 

Ord?rcd, That the clerk present the same to thc Senate 

for concurrence. 

MILITARY AND 'I'ETERANS AFFAlRS nILI. 

ON THTRD CONSTDERAl'lON 

A~reeahle to order, 

Thc House procerdcd to third considcraiion of Iious: 

bill No. 1281, printer's No. 3140, cntitled: 

An Act amending the act of June 21, 1963 (P. L. 174, 

No. 104). entitled "An act granting and rcnulating euemption 

from uavment cf real estate taxes hv war veterans - in 

~~ ~- 

need there'oi who are blind, paraplegicUor havc suiiered 

the loss o; two or more limbs as a resi~lt oi military ser- 

~ -- 

vice; ***, extending the exemption to certain widows, 


Will the House agree tn the hill on lhird consideration? 

BILL RECO?.II\IITTF,D 

Mr. JRVIS moved th2.t House bill No. 1281 he reran- 

mitted to 1.h~ Comrnittc. on Appropriations lor a fiscal 

note. 

I Motion was agreed to. 

lIEA1,TII AND WE1,FARE ':ILL 

ON FINAJ, PASSAGE POSTPONETI 


The hill havlng been called up from the postponed calenclnr 

by Mr. IRVTS, t!le House resumed consideration 

on Elnal passage of Hon-e hill No. 0, printtr's No. 3141. 

ent~tled: 

An Act to promote the health and \\.elfar;. of the 

people of the Commonwealth by controlling and regulating 

lend paint poisoning; presrribing :he powers and 

duties of the Department of Health and the Departmpnt 

of Envlronmenta! Rescurzes; authorizing lead analvses at 

State laboratories; creating the Interagency Coordinating

LEGISLATIVE JOURNAL-HOUSE 

Committee and the Advisory Committee; imposing vote on here that are not perfect, hut we try to do the 

restrictions; providing penalties and making an appro- right thing. I ask all of you to please give a 'yesu 

priation. 

vote on this hill. Thank vou. 

Thc SPEAKER. This bill has been considered on three 

difierent days and agreed to and is nov? on final passage. 

Thc question is, Shall the bill pass finally? 


from Herks, Mr. Stnhl. 

The SPEAKER. Thp Chair recognizes the gentleman 

from Philadelphia, Mr. O'Donnell. 

Mr. O'DONNLLL. Mr. Speaker, may I iintcrrog2le Mr. 

niCnrlo7 - - -. . . 

The SPEAKER. Will the gentleman, Mr. DiCarlo, consc,,t 

to interrogation? 

DiCARLO, Yes, Speaker, 

'The SPEAICER. The gentlrman may proreed. 

Mr. O'DONNELL. Mr. Speaker, does this hill contain 

Mr. STAEIL, hlr. Speaker, this is thc hill we dcieated 

last week. I just very quickly want to refrxh thc 

memory uf the mcmbcrs. 

This is a bill which will creatc marc slums, more 

.,.ncant honi,,~, in the cities of philadElphia and pit?s. 

:).lr,?il ~,,d the smallcr ?itic; in pennsvlrania because of 

the~provision af the Departmcnt of ~nvironmeni~al IZr 

r:uurcc-s heing ahlc to itsip ihc sale of a house if it hac 

a provision that would prohibit the sale of houses that 

any kine; lead in it at 1 llrgc tlie mcrr.hers 

to defeat this legislation. 

have lead paint On them? 

DiCARLO. I 

Mr. O'DONNELL. Would this hill prchibit the sale of 

houses - let us say abandoned houses or Frderally owned 

houses or stale-own~d houses or privately owned houses 

-if they paint in 

Xr. DiCARLO. There is no prohibition in the bill 

:,eninst the of It is my 

though, that KUD- Del,aatment of Housing and ur- 

bJn Dcvelopn,ent..-whcn it handles its projects, does 

such a on the sale of the houses that they 

deal with. But there is no state prohibition in House bill 


from Erie. Mr. DiCarlo. 

Mr. DiCO-RLO. Mr. Spealier, we debated this hill extcnsively 

last week, and I think we brought the information 

to the mcmhcrs that this bill is indeed a good 

piece of icgislalion. It will not cause the problems that 

Mr. Stahl made reference to. 

The Health and W~lfare Cornmittre has morkcd several 

months on it. We have met with all individuals who did 

have any problems with. the hill and worked out those 

xT- fi 

I Y 0, 3. 

71r. O,D~NN~LL, okay. Th:nk yi,u. 

problems. We w;~old ask support for this piece of legis- 'The SPEAKER. The Chair recognizes the gentleman 

~ ~ 

lation. from nlontqomery, Mr. McCIatchy. 

SI,EAKER, The Chair recognizes the lady from 

Mr. McCLATCHY. Mr. Speaker, I wo:~ld just like to 

?hrlitar nvri r..~...

LEGISLATIVE dOURNALHOUSE 

Federal regulations, the people are moving out simply 

because there are no moneys available to take care of 

the abatement nrocess. So we feel with the lannuaec I 

June 8, 

lem than we have at the moment. I would suggest de- fications referred to in this act would cause a 

feat of this legislation. financial hardship on the owner, the local taxing 

The SI'EAKER. Thc Chair rccognizes the gentleman 

from Erie, Mr. DiCarlo. 

Mr. DiCARLO. Mr. Speaker, just one final point in 

talking abolut the abatement problem and talkin: ahout 

the problem that Mr. McClatchy just brought up. 

authority shall cause to be issued a real estate 

credit in the amount of the expenditures 

made by the owner, however, such credit 

shall not exceed the actual amount of the tau. 

Mr. Speaker, my question is, what is this going to cost 

the state or the local municipality? 

One of the reasons that we feel that House hill No. 9 Mr. WOJDAK. Mr. Speaker, concerning the fiscal note 

should be supported is becnuse we are dealing with that that we have done on this for the administration, that 

very same problem. We are giving an avenue to thosQ ?4r. MeClatchy referred to earlier, in ordcr to determine 

people of lower income who may own the houses or may thc cost that he is referring to, we nred an actual invenwant 

to buy the houses. We know that in the abatement tory of what homes are involved. There is just no way 

process, if they cannot afford to remove the lead paint. of our detcrmining that at this point. And T really 

if they are lower income people, that burdrn will be \~-ould not be in a position to give ynn a cost factor or a 

picked up by the Commonwealth of Pennsylvania. fiscal note on that aspect until the program is in opera- 

Presently, under the Philadelphia program and with thp tion and we see what kind of invent,ory of homcs we are 

talking aho~lt.~ 

that we have in House bill No. 9, those peaplc who are 

indeed landlords and those people who can indeed take 

care of that health hazard should be mandated to take 

care of the health hazard, and for those peoplc who can- 

not afford to do it because of their econom:~ circum- 

stances, we will he aiding in helping them to make sure 

that that health hazard indeed is removed. 

MOTION TO RECOMMIT 

Mr. McCLATCHY. Mr. Spealzer, I would suggcst that 

thrre is a possibility for inventory of at least the number 

of homes in Philadelphia that present this problem. Lead 

paint ahatement is no new problem in Philarlelphia, and 

I think essentially we could find out, as an exar.ple, 

what it would cost Philadelphia to pay for this program. 

Mr. Speaker, this was the question I brought up in 

committee and this is the question I was concernzd about. 

The SPEAKER. The Chair recognizes the gentleman and this i5 the q,lestion how much fundlng we will 

from Montgomery, Mr. McClatchy. 

need to pay for this prozram. Therefore, since Mr. Woj- 

Mr. McCLATCHY. Mr. Speaker, I hate to he repetitive, dak feels he does not have the necessary figures. I feel 

but the main point I am trying to make is that J think that we can rret the necessarv -" figures thrnl~eh .A ~.~~ dilivent 

~ 

Mr. DiCarlo is wrong. On page 13, between lines 15 and I staff work and diligent hearings and I move to recommit 

House hill No. 9 tothe committee of Health and Welfare. 

22, wr talk about giving tax credits to residents who 

have to take care of thk ahatement. 

My quesdion to yon, Mr. Spealrer, is: ~f this is a mrthod 

of paying for ahatement, should we not then have a fiscal 

note on this? ~f this is the method by which we are 

going to pay for those people who cannot afford to pay 

The SPEAKER. The Chair recognizes the qcntleman 

from Philadelphia, Mr. Wojdak. 

Mr. WOJDAK. Mr. Speaker, I would disagree with thr 

gentleman. I do not believe it is necesyary for a fiscal 

for abatement, should not there be a fiscal on this note on that aspect of this bill. I do not think it would 

matter? The fiscal note ~lrfady contained in the hill, ~ r b' . ix!ssihle for us to prepare it without actually going to 

Speaker, is only for ad~ninistration. ~t has nothing to do Ph'iadnlphia and counting the actual homes, and I do not 

with the abatement nor docs it have anything to do see the necessity and until the program is implemented. 

paying lor the local tax credit. 

there would be no way of our doing that. 

~~ ~ 

The SPEAKER. Is the centle?lan posing an inquiry? 0, t,h,. ijuestion, 

Mr. McCLATCHY. Yes; I am. Will the Ho~ise agree to the motion? 

The SPEAKER. Will the gentleman address the in- 

quiry tn the chairman of the -4ppropriations Committee? 

Is the chairman of the Appropriations Committee avail- 

ahle? Will the gentleman, Mr. Wojdak, respond? 

The SPEAKER. The Chair recognizes the g?nl.leman 

from Montgomery, Mr. McClatchy. 

Mr. McCLATCHY. Mr. Speaker, will the gentleman, 

Mr. Wojdak, consent to interrogation? 

The SPEAKER. Will the gentleman. Mr. Wojdnk. consent 


Mr. WOJDAK. Yes, Mr. S~eaker 


Mr. McCLATCHY. Mr. Speaker, my question on the 

lead paint poisoning bill or abatement bill refers to page 

13, lines 15 to 22, and it reads: 

In cases where the owner of any premises is 

required to remove or cover materials in ac- 

cordance with this act, and the cost of removal 

or covering such material according to the speci- 

The y ~as and nays were required by Messrs. McCLAT- 

CIlY and WOJDAK and were as follours: 

Anderson. I. H. 

AM- 

Berm 

Bittle 

Bradley 

Rrandt 

llutera 

Cessar 

Cimin! 

Crawford 

Devel'teT 

Dletz 

Dininn1 

Dorr 

Drelb-lbla 

Faweett 

Fischer 

1 Flsllcr 

Foster. A. 

roster. W. 

Freind 

Fryer 

Gallen 

Geesey 

Grieco 

Gring 

Halverson 

Hamilton. J. R. 

Hasay 

Harkell 

IIaYes. D. 5. 

Uayes. S. E. 

Hwford 

Hill 

IIutchinson, W. 


Kelly. J. B. 

Kistler 

Klineamsn 

Knemer 

Kusse 

1,ederer 

YEAS-88 

Lev1 

Lynch 

Manmiller 

Meclatrhy 

MCC~IP 

MeGlnnis 

lM~bllS 

Moehlmann 

O'Connell 

O'Donnell 

Pancoast 

Parker. H. S 

Perri 

PItt.5 

Polite 

Pyles 

Renninger 

Rvan 

Sslvatore 

Schcaffrr 

seltur 

Shuman 

Sinannl 

Smith. E. 

Smlth. L. 

spencer 

Stah1 

Taddonto 

Thomas 

Turner 

u*oskl 

V100" 

Wagner 

Weldner 

Westerberg 

Whelan 

Wilt. R. W. 

W!lt. W. W. 

Wonilow 

Yobn 

Zearfw 

7aUer 

Zord

Abraham 

Barber 

Bellormnl 

Bennett 

Berlln 

Berson 

Bonetto 

B-er 

BUTm 

Caputo 

Cianciulli 

Cohen 

Cole 

Cowell 

DeMedio 

DeWcese 

Dicarlo 

DiDonato 

Dombromki 

Doyle 

Dumas 

Eckensbuger 

Englehart 

Pee 

Flahertg 

Gallagher 

Garda 

Wer 

p~-~~ 

NAYS-107 

George Menhorn 

Giammarm Milanovich 

GillesBle Miller, M. E. 

Gillette Miller, M. E., Jr. 

Gleeson Milliron 

Guodrnan Miscevich 

Green Morris 

Greenfield Mrkonic 

Hopkins 

Hutehi~on. A. 

Irvln 

Itkin 

Johnson. J. 

Kelly. A. P. 

Kerniclr 

Kolter 

~owalyshyn 

LaMarca 

Mullen. M. P. 

Must0 

Myers 

Novak 

Noye 

O'Brien 

O'Keefe 

Oliver 

Perry 

PetraFPB 

Laudadlo Plevsky 

Laughm 

Letterman 

Prstt 

Prendergast 

Llneoln 

Logue 

Mandefino 

McCBU 

Karenstahl 

Reed 

Renwiek 

Richardsorr 

McIntyre Rieger 

MeLane mtter 

NOT VOTING-8 


meman, Speake 

Gleason McGrsw Rappaport Wabh. T. P. 

Hammock Mullen Rhode~ Yahner 

So the question was determined in the negativc anc' 

the motion was not agreed to. 



The SPEAKER. The Chair recognizes the lady from 

Chester, Mrs. Crawford. 

Mrs. CRAWFORD. Mr. Speaker, I would like to speak 

to Mr. O'Donnell's question to Mr. DiCarlo. I disagree 

with Mr. DiCarlo's answer, and if Mr. O'Donnell would 

look at page 13 of the bill, section (f), where it says: 

The owner of any premises in which there is 

any paint which contains dangerous levels of 

lead, or other toxic heavy metal, as defined in 

this act, shall cause said inaterials to be re- 

moved or covered according to the Philadelphia 

Department of Public Health Specifications For 

The Removal of Lead Paint and Safety Standards 

For Removal of Lead Paint. 

And it goes on to say that any premises that has this 

is de,clared to be a nuisance. 

Then, on page 10, we have a section on penalties which 

says: 

Any person who violates any provision of this 

act or anv rule of regulation or order of the 

Department of Health or the Department of En- 

vironmental Resources promulgated or issued 

pursuant to this act shall be guilty of a summary 

offense. 

In my mind, this means that even though the bill is 

not really specific about the sale of premises with lcad 

paint in thcm-and I am thinking about old farmhouses; 

I am thinking about people who go down to Philadel- 

phia and want to buy homes and so forth that are con- 

sidered historic. What this bill says here is not really 

clear-it csuld or could not prohihit the sale of a house 

with this condition. However, the Department of En- 

/ 

So I think, if Mr. O'Donnell is a lawyer, he probably 

*."- *-..- I can be a little more specific than I was. I am not a 

Ruggiero lawyer, but this is the way I interpret this certain secsa1wrn 

Srhmltt tion. 

- .~~~~ 

~ ~ 

Schweder 

scirica / The SPEAKER. The Chair recognizes the lady from 

Shane Philadelphia, Mrs. Kelly. 

Shelhalner 

Sheltoll 

Mrs. KELLY. Mr. Speaker, we are doing so much 

Shupnlk concentrating on houses and properties that we are 

SUlpleton 

stout 

forgetting our children. 

Taylor 

I have a letter before me dated March 26, 1976, from 

Toll 

Trello the Pennsylvania Association of Retarded Citizens. 

Vhlleenti Mr. Speaker, before I go on with my letter, I would 

WQNBCZ 

like to bring to the attention of the members of this 

House the terrible trauma of retarded children. Over 

w~lliams the weekend I was a guest at one of these facilities, and 

Wilson 

Wo3dnk it breaks your heart to see these children who need 

Wright help and we seem to bypass them with a lot of silly 

Zwfkl 

comments from some of the members, in due respect 

to their intelligence. 

I will not read the entire letter, but on the second 

page it says: 

In 1972 Senator Richard Schweiker of Penn- 

syivania advocated an increase in the budget 

of the U. S. Government seven times the amount 

that was being spent at that time lor research, 

prevention and treatment programs. Numerous 

other congressmen testilled in behalf of that pro- 

gram indicating that lead poisoning is primarily 

a disease of poor, 

The Pennsylvania Bulletin, Volume 1, No. 

77, Saturday, December 4, 1071 made lead poison- 

ing a reportable disease in the Department of 

Health. The quote from the Pennsylvania Rulle- 

tin is as follows: "Thu purpose of the amend- 

- - 

ments is to make lead poisoning a reportable dis- 

ease and provide information upon which to de- 

velop programs for the control of this important 

cause of mental and . uhvsical . defects in children 

. . ." 

The interest of the Pennsylvania Association 

for Retarded Citizens in I-lousc bill 9-Lead 

Poisoning, is that while the mortality rate for 

those childrcn so afflicted is high, the morbidity 

or the survival outlook for those who do live is 

very grim. Lead pnisoning causes nut only mental 

retardation, but also rerehrai palsy, convulsive 

seizures, blindness; optic atrophy, kidney diseases 

and multiple handicaps. 

So I will not go on to read the rest of it, but please 

let us remcmber our children. I ask all of you for an 

affirmative vote on this very, vcry important piece of 

legislation, Thank you very kindly. 


from Berlrs, Mr. Stahl. 

Mr. STAHL. Last w~ek NIr. DiCarlo accused this 

speaker of misleading the members of the House. I be- 

lieve the shoe is on the othcr foot. 

We talked about the poor people, senior citizens, be- 

ing able to afford removal of paint. Over the weekend 

I got a communication from some people who would 

vironmentai Resources or the Department of Health could !mow about this problem. Fifteen-hundred dollars is the 

promulgate such rules and regulations. This is what we 1 estimatrd cost of lead paint removal by the Pennsylvania 

are giving them the power to do. l~ealtors Association. I checked this figure out with

Mr. ZEARFOSS. Just a brief comment, Mr. Speaker. 

The bill properly, it seems to me, tries to take care of 

the situation where the homcowner cannot afford to 

abate the lead paint problem in this house. 

I think, llnfortunately, in attempting to do something 

about this problem, we have come up with an uncon- 

stitutional solution. It seems to me that on the question 

of the constitution requiring uniformity of taxatinn, when 

we allow a special tax treatment for those sulfering 

financial hardship beca~lse they cannot abate lead paint 

poisoning, that does not meet the standards set forth in 

the constitution for special tax treatment. 

Financial hardship does not necessarily equate with 

poverty. I think without further definition in this bill 

as to what is financial hardship and a definition that 

docs make it equivalent to poverty, or it is clear that it 

means poverty, I do not believe that the bill is consti- 

tutional in the sensc that it gives a special tax treat- 

ment. Therefore, Mr. Speaker, I would like to question 

and call for a vote on the constilutionality of the bill on 


June 8, 

various contractors in my neighborhood and some of On the question, 

them said that could be even lieht. - 

Will the IIouse sustain the constitutionalitv of the bill? 

There is a tax credit provision in this bill, hut it says: 

The yeas and nays were required by Messrs, ZEAR- 

". . . however, such credit shall not excecd the actual 

FOSS and DiCARLO and were as follows: 

amount of the tax." Therefore, if the annual tax is 

around $300 to $400 and the cost of removing the lead ( YEAS-122 

paint is $1,500, the poor person is going to suffer a 

Abraham 

penalty of $1,200. 

Arthurs 

I do not think that we should be putting this burden ~~~~& 

upon the poor people of this Commonwealth without nerun 

a heck of a lot more study. 

Berson 

Bonetto 

As far as Mrs. Kellv's comments. I could not aeref Bradley 

with her more that we'havc. to do something about lead 

paint poisoning, but to throw the baby out with the bath caputo 

water is not the solution. I urge a negative vote on '$!tz:$lu 

this bill. 

Cole 

Cowell 

The SPEAKER. The Chair recognizes the gentleman Eg:zz 

from Delaware, Mr. Zearfoss. 

Diearlo 

DlDonato 

3ombrowahl 

QUESTION OF CONSTITUTIONALITY 

Doyle 

OF RILL RAISED 

Drelbelbb 

Duxnas 

EckensbVper 

Englehart 

Fee 

~ ~ ~ ~ 

Foster. A. 

myer 

Galbg,,er 

Garzis 

Geesey 

Geisler 

George 

~lammsrco 

~illerpie 

Glllette 

Gleeson 

GoodmSn 

Green 

Greenfield 

Hslverson 

Hayes. D. S. 

Hopkins 

Hutchlmon. A. 

Irvis 

Itkln 

JO~NOII. J. 

Kati 

Kelly, A. P. 

Ker"eK 

Kistlcr 

Koiter 

Kawnlyshyn 

LaMarca 

Idaudadfo 

rLaughlUI t y 

Letterer 

Letterman 

Lincoln 

Lome 

Mandenno Rlchsrdson 

McCall Rieb'er 

~c~ntyle Ritter 

McI.ane Ross 

hlenhom Ruggiero 

Miller. M. E. Scheaffer 

Miller, M. E., Jr. Schmitt 

Milliron Schweder 

hr~scevich scirtcu 

Morrl? Shelhsmer 

Mrkonie Shelton 

Mullen. M. P. Shuman 

Musto Shupnik 

Myers Stapleton 

Novak Stout 

O'Brien Taylor 

O'Donnell Toll 

O'Keefe Trello 

Oliver Ustynoski 

Perd Vallcentl 

Perry VJsnsaez 

Pctrarca Wnrgo 

Plevsky Wiggins 

Pitts 

Williams 

Pratt Wllson 

Prendergast Waidak 

ltavenstalil Wright 

Reed Zwikl 

Rennlnger 

Renwlck Nneman. 

Rhodes Spesliri 

NAYS-70 

Anderson.J,a. Gallen McClstchy Spencer 

Bcren Grie~o McCue Sfahl 

g:,edt Gring h?rctlinir Taddonlo 

Hamilton, J. H. Mebua Thomas 

Butera HRSBY Mllanoulck~ Turner 

Cessar Habkell Noyc vroon 

Clmlnl Hayes. S. E. O'Connell Wagner 

Crawford Hepford Pancoast Weldner 

Parker. H. S. Westerbrrg 

% :land 

Hutehlnson. W. Polite Whelan 

Deverter Kelly, J. R. PYI~. Wllt. R. W. 

Klingaman nyan Wllt. W. W. 

Knepper Salvatore Wordlow 

uom KUSS~ Seltzer Yohn 

Lehr Strianni zearfosr 

;:sEr Lev1 Smith. E. Zeller 

~0.ter.w. Lynch smith. L. Zord 

Frefnd Manmiller 

that issue. 

NOT-VOTING-I1 

The SPEAKER. The gcntleman, Mr. Zearfoss, has 

called into question the matter Of the constitutionality %&$? MeGinu' Rappspart Walsh. T. P 

Muehlmam Saloom Yahncr 

of House hlll NO. 9. 

Hamock Mullen shane 

The Llrnir recognizes the grnllemrn from Erie. Mr. / The majority required by the constitution having voted 

nirlrin 


- - - -. . - . 

aiiirmalive, and the constitutionalily of the hill was 

Mr. DiCARLO. Mr. Spcakcr, this was one of the prob- sustained, 

lems that the committee dealt with whcn we talked about 

the issue of tax credit and cspecially if a tax credit were 

directed primarily to a municipality. Ilowever, we were 

informed by the Legislative - Reference Bureau that bv 

having the tax credit reimbursed from the Commonwealth 

of Pennsvlvania. indeed it is constitut~onal and - / 

On the ouestion recurrine. -. 


VOTES CHAI,I,ENGED 

does not violate the Constitution of Pennsylvan~a. So I T ~ C SPEAKER. he chair. recognizes the minority 

would ask the membership to vote against Mr. Zearfoss hi^. 

on this move. 

Mr. RYAN. Wlr. Speaker, may I have a slow roll call? 

The SPEAKER. Those members desiring to vote to The SPEAKER. Members will proceed to vote. 

reflect their view that this bill is constitutional will vote Mr. RYAN. Mr. Caputn? 

in the affirmative. Those members desiring to express The SPEAKER. Is the gentleman, Mr. Caputo, in the 

the opinion that the bill is unconstitutional will vote in hall of the House? 

the negative. 

Mr RYAN. Mr. Reed? Mr. Gleeson?

-- ~ 


The SPEAKER. Is the gentleman, Mr. Gleeson, in the Less than the majority required by the constitution 

hall of the House? 

having voted in the affirmative, the question was de- 

The vote will be stricken if the gentleman is not there. termined in the negative and the bill falls. 

Mr. RYAN. Mr. Johnson? 

Is Mr. Rhodes here? 

PI-IOTOGRAPHS TO BE TAKEN 

The SPEAKER. Is the gentleman, Mr. Rhodes, in the 

hall of the House? 

The SPEAKER. The Chair has extended permission to 

Mr. RYAN. Mr. Laudadio? 

the Harrisburg Patriot News to take photographs of the 

The SPEAKER. Mr. Laudadio is in his office. 

Ifouse session today. 

Will you call Mr. Laudadio's room and ask him to 

come down to the floor, please? IXOUSE KILT, No. 473 TEMPORARI1,Y 

Mr. RYAN. Mr. Rhodes, Mr. Speaker? I am sorry. 

PASSED OVER 

The SPEAKER. Mr. Rhodes is present. 

The SPEAKER. Is the majority leader prepared to 

Mr. RYAN. Mr. Speaker, is Michael Mullen on the take up Ilouse bill No. 473 at this time? 

floor? 

Mr. IRVIS. I believe so, Mr. Speaker. Ycs, Mr. Speaker, 

I am. 




from Montgomery, Mr. Pyles. 

Aereeable to the nrovision of the constitution. the Mr. PYLES. Mr. Speaker, on House bill No. 473. I 

I 

yeas and nays were taken and were as follows: have an amendment coming down from the Reference 

Bureau and it is not here yet. I could not prepare that 

YEAS-99 ' amendment until I got the proposal of Mrs. Toll, which 

Abraham George McIntyre 

I just received about an hour ago. 

?nrber 

Giilesgle McLane 

The SPEAKER. This biil will be temporarily passed 

Bennett Gillette Menhorn 

over. 

Berlln 

Goodman Milanovieh Seiries 

BerSOn 

Green Milier. M. E. Shane 

Mr. PYLES. Thank you, Mr. Speaker. 

Bonetto Grenlfleld Mlller. M. E., Jr. Shelton 

Bradley Hayes, D. S. Milliron Shupnlk The SPEAKER. The Chair recognizes the majority 

13rllnner Hopkins Miseev~eh Stapleton 

Ijornn 

Hutchlnnon, A. 

leader. 

Morris 

stout 

C~nneiulU lmis Mrkonic Taylor 

Mr. IRVIS. Instead of recognizing Mr. Pyles first, let 

Coheo 

Itkin Mullen Toll 

us recognize Mr. Wilson and iVrs. Toll, and then perhaps 

Cole 

Johnson. J. blurto 

Trello 

Cowell 

Kata tioval< 

Ustynoskf by the time we get through with that debate, Mr. Pyles 

I'rMedlo Kelly, A. P. U'nrien Vallcentl will be ready. 

IlrWeese Kcrniek Oiiver Wsnvacz 

-,,Carl., 

Ristler Perry Tare" 

7i;uonato Kolter Petrarca wigiins 

I)o-.nbrorWL1 LaMar~a Pievsky Willlams 

SENATE MESSAGE 

nayle 

Eriicnsberga 

Englehart 

Fee 

Fireher 

Laudadio 

Laughlin 

ILctterrnan 

Lincolll 

Logue 

Pratt 

Havenitai>l 

Renmck 

Rhodes 

Rieger 

Wilson 

WojdaL 

Wright 

Zwlkl 

I 

APPOINTMENT OF CONFERENCE COIMMITTEE 

ON SENATE BILL No. 1365 

Flaherty 

Gallagher 

Garzia 

Manderino 

McCaU 

Ritter 

Ross 

rlneman. 

Sgeakel 

NAYS--83 

Anderaon. J. 8. Gallen Lynch Shuman 

.?rthum Gecsey Manmiller Sirlannt 

H~ren Givrnrnarco McClvtchy Smith. E. 

Bnftle Grleco MeCue Smith. L. 

Brndt Gring NIcGinni8 Spencer 

nutera H~iverson Mebus Stahl 

Cessar IIumilton. J. H. Moehlm- Taddonio 

Cimtnl IIasay Mullm, M. P. Thomas 

Crawlord Hiiskell Nore Turner 

Cuinherland 

Uavies 

ncverter 

m?tz 

n:r,nni 

Dorr 

i7nl.vCett 

Fisher 

Foster. A. 

Foster. W. 

Freind 

Fryer 

[Jcllomlnl 

cayuto 

Iireihelbtl 

Dumas 

Hayes. S. 2. ~.Connell 

He~ford wUonneI1 

;:ill O'lceefe 

Hutchinsan. W. Pancoast 

IKetly. .I. B. Parker.=. S. 

Kiinrarnan I'itts 

~nciper Polite 

Koivaiyshyn Pylrs 

KUSW Iicnnlnger 

Lrderer Seiieader 

NOT VOTING-21 

Gleeson Prendergast 

Hammock Rappaport 

LlcGraw Reed 

Myers Richardson 

~erri Ryan 

Saloom 

Salvatore 

Warner 

Wslsh, T. P 

Yahner 

The clerk

APPOINTMENT OF COMMITTEE OF CONFERENCE 

ON SENATE BILL No. 1365 

The SPEAKER. The Chair appoints as a Committee of 

Conference on the part of the House: Messrs. WOJDAK, 

MANDERINO and SELTZER. 

Ordered, That the clerk inform the Senate accordingly. 

The SPEAKER. For the benefit of the conferees, a 

meeting has been arranged this afternoon by the chair- 

man of the Senate conference committee at 2:30 in Sena- 

tor Cianfrani's office. 

The Chair recognizes the majority leader. 

Mr. IRVIS. Mr. Speaker, while we are awaiting the 

amendments of Mr. Pylcs, the gentleman from Phila- 

delphia, Mr. Mullen, has two discharge resolutions on 

the calendar on page 25. He would like to have them 

called up. 

DISCHARGE RESOLUTION ON HOIJSF 

RESOLUTION No. 77 CALLED UP 

Mr. M. P. MULLEN called up for consideration, from 

page 25 of today's calendar, the following discharge reso- 

lution on House resolution No. 77, printer's No. 1048: 

In the House nf Kepresentativcs, June 2, 1076 

RESOLVED, That House Resolution No. 77, Printer's 

No. 1048, memorializing the United States Congress to 

pass a consl.itutiona1 amendment guaranteeing all con- 

stitutional rights to the unborn, having been referred to 

Committee on Rules on March 20, 1975 and the committee 

not having reported the same to the House for a period 

of over fifteen days the committee is discharged from 

further consideration thereof. 


Will the House adopt the resolution? 

Agreeable to the provisions of the constitution, the yeas 

and nays were taken and were as follows: 

4braham 

Arthun 

Iiellomip( 

Bennett 

Berlin 

Bittle 

Eonetto 

Bradley 

Brandt 

Brunner 

George 

Giammareo 

Gillehple 

Gillette 

Goodman 

Green 

Lincoln 

Logue 

Lynch 

Manderina 

Manmiller 

MCCsll 

McCIatrhy 

MCCUP 

McGtnnld 

McLane 

LEGISLATIVE JOURNALHOUSE June 8, 

Ryan 

Saloom 

Salvatore 

Seheaffer 

Schmin 

Seltzer 

Shuman 

Shupnik 

Sirlannl 

Smith. E. 

g;o 

Cessar 

CiancluIU 

cimtnt 

:Eel, 

cumberland 

DeMedlo 

Deverter 

;g;2to 

oletz 

Dininnl 

Dvmbrowmki 

Doyle 

Fee 

Fischer 

msher 

FLahefiY 

Foster. A. 

Foster, w, 

Freind 

Gallagher 

Bercn 

DeWeese 

Dumas 

Gieasoll 

Grleeo Mllsnovl~h 

Gring Mllliron 

Halvenon Morns 

Hamilton. J. H. Mrkonic 

Hasay Muilen, M. P 

HasBell Mullen 

Hayes. D. 5. Novak 

Hayes. S. E. O'Brien 

Hcpford O'Comell 

Hopklns 0 Kecfe 

Hutehtnson. A. Perri 

Hutehmson. W. Perry 

Katz Petrarea 

Klstler P,ev,i

1976. LEGISLATIVE JOURN,AL-HOUSE 5 137 

members of the House ought to have an opportunity to F0ster.A. Lehr Ross Zeller 

Foster. W. Letterman Ruggiero Zord 

vote on it. Frr:ind Levi Ryan Zwiki 

I ask the members to vote to discharge the resolution Fryer ~incoln 

from committee. Thank you. I NAYS-30 


from lllontgomery, Mr. Pancoast. 

Mr. PANCOAST. Mr. Speaker, I think the record 

should note that some of us who voted against f-lousc 

resolution No. 77 did so because we do not believe in 

voting for discharge resolutions. 

The same comment certainly should he made with 

respect to House resolution No. 107. It is not the sub- 

stance of the resolution that is important here. It is the 

principle of the committee system in the House of Repre- 

sentatives as has been pointed out many times by the 

majority leader, Mr. Irvis. 

I am voting against both of these hecause 

- - 

~~~b~~ Itkln Panmast ~oll 

Berson Kelly, A. P. Parker. H. S. Weidner 

Cohen Kelly. J. B. Rappaport Westerberg 

~ ~ k ~~b~~ ~ ~ ~ Reed b ~ ~ Wiggins g ~ 

Eng1eh.m Miller. M. E. Rhodes Yohn 

i'a ween Miscevich Riner 

Greenfield O'Donnell Schweder Flneman 

Irvis Oliver Shane Speaker 

NOT VOTING-I1 

Rellomllll Gleeson Must0 Wagner 

Hammock Prendergast Yahner 

g::,",, McGraw Richarason 

believe in the committee system of the H~~~~ of R ~ 

The majority required by the constitution having voted 

in the affirmative, the question was determined in thc 

dfirmative ~ ~ and ~ the . resolution was adopted. 

sentatives, not because of the substance of the resolutions. 

HOUSE SCHEDULE 

The SPEAKER. The Chair recoenizes the eentlemzn 

from Philadelphia, Mr. Mullen. The SPEAKER. 

Mr. M. P. MULLEN. Mr. Speaker, in answer to the leader. 

The Chair recognizes the majority 

gentleman, we have it in the House rules. 

Mr. IRVIS. Mr. Speaker, because it is so close to the 

What can you do when you have a resolution or a bil 

lunchtime, we will not insist on calling up House hill 

in committee for a year or 15 months and the committee 

No. 473. We will trust that Mr. Pyles and others will 

refuses to consider the hill or votes it down? You havi 

have their amendments in order this afternoon. 

no alternative. This is democracy. 

I am certainly never in favor of discharge resolutions 

It is necessary, Mr. Speaker, for us to have a caucus 

I waited fcr over a year, hut I had no alternative. 1 buth this afternoon and late aftcrnoan to talk about thc 

think it is important. That is the only reason that I an- Volkiwagen situation, and we shall he breaking at 3 p.m. 

doing it. I do not like to do it. I have to do it. fur the purpose of such a caucus. 

Als:~, Mr. Spvakcr, it will be necessary for both cau- 

On the question recurring, I cuses to caucus on House bill No. 2448. a transferral of 

Will the I-Iouse adopt the resolution? I funds within t.he chic1 clerk's oifice 

Agreeable to the provisions of the constitution, the year 


1 am asking, therefore, that the Democratic members 

report tr) the caucus room at 12:30, leaving them an hour 

to eat lunch. Report at 12:30 so that wc may caucus 

on thc transierral of funds within the chicf clerk's office 

and other matters which appear on our calendar, and then 

Abraham Gallagher 

Anderson. J. E. Gallen 

Arthura Gar== 

Bennett Geeseg 

Rerlln Geisler 

Bittle George 

Bonetto Clarnmarco 

Bradley Giilesple 

Brandt Gillette 

Brunner Goodman 

Burns Green 

Butera G~~FCO 

Caputo Gring 

Cessar Halverron 

Cianciullt Hamilton. 1. H. 

Cimm Hasay 

Cole Hnskell 

Cowell Hayes. D. S. 

Crawford Hayes. S.E. 

Cumberland Hepford 

Davles Hill 

DeMedIo Hopkins 

Deverter Hutchinson. A. 

DeWeese Hutchinson, W. 

Diearlo JO~IIEU~. J. 

DiDonato Xatz 

Dietz Kerntck 

Dininnl Kistlrr 

Dombrod Klinpaman 

Dorr Kne~~er 

Doyle ~oltei 

Dumas Kowalyahyn 

Dreibelbl. Kurse 

Fee LaMarell 

Fireher Laudadio 

Fisher Laughlln 

Flaherty Lederer 

Logue 

Saloom 

Lynch 

Salvatore 

Manderlno Seheaffer 

Manmiller Sehmitt 

M~Csll Seiri~a 

McClatehy Seltzer 

McCue 

Shelhamer 

MeIntwe Shelton 

MeGinnis Shuman 

McLane Shupnik 

Menhorn Stnanni 

Milanovich Smith, E. 

Mlller, M. E.. Jr. Smith. L, 

Mllltron Spencer 

Mochlmann Sfahl 

Morm 

Stapleton 

Mrkonie stout 

Mullen 

Taddonio 

Mullen. M. P. Taylor 

Myers 

Thomas 

Novak 

Trelln 

No ye TUG^^ 

O'Brien Uctynoski 

O'Connell Valicenti 

O'Keefe Vroon 

Perri Walsh. T. P 

Perry Wan~acz 

Petrarca Wargo 

Pievsky Whelan 

Pittr Williams 

Polfte wilson 

Pratt Wilt. R. W. 

Pyles Wilt. W. W. 

Kavenstahl Wojdnk 

Renninsel Worrilnw 

~ ~~~ 

~enwi& Wright 

Rieper Zearfoss 

\\re shall return to the floor at 1:30. 

While I have the microphone, Mr. Speaker, I woxid 

advise the membcrs that there will be a call-up of House 

b!ll No. 1104 by Mrs. Crawford in an attempt to override 

a veto of the Governor. That will come this afternoon. 

I would also advise the members that the generic drug 

bill mill be called up this afternoon. 

I would further advise the members, having been 

touched on my left elbow by Mr. Bonetto, that we will 

be asking the members to suspend the rules which would 

rtquire that a committee of conference report be totally 

printed beforc we act, so that we may act this aiternoon 

on the committee of conference report on the Motor Vehicie 

Codc. That is a 400-page hill which cannot be repri:,ted 

in time for us to act today. We would ask that 

you discuss that in your caucuses, in the Republican 

caucus and in the Democratic caucus, to see if that approval 

can be granted. 

There will be explanations of the changes made from 

the Hrruse vcrsion. Those explanations will he in print, 

but the total conference report will not be in print this 

afternoon. 

Ilr. Speaker, after you have recognized the minority 

leader, I would ask that the House be declared in recess 

until 1:30.


REPUBLICAN CAUCUS 


THE SPEAKER PRO TEMPORE 

(A. J. DeMedio) IN THE CHAIR 

from Montgomery, Mr. Mehus. The SPEAKER pro tempore. The Chair recognizes the 

Mr. MEBUS. Mr. O'Connell first asked me to announce lady, Mrs. Kernick. 

to the Republicans that there will be an immediate Re- I 

publican caucus at the call of the recess. 

I LEGIS1,ATIVE CITATIONS ADOPTED 

If I may go on from there. Mr. Speaker. I would like 

. . 

to tell the members on the other side of the aisle that I 

have a bill which is drafted around the contents of the 

"sunset" law that was passed recently by the State of 

Colorado. Many Republicans have chosen to sign it thus 

far. I would like to offer it to any Democrats whc 

would like to cosponsor it as well. 

It is not an exact redraft of the Colorado "s~inset' 

law, but it is one that we have drafted in an effort tr 

try to accommodate it to the conditions that exist ir 

Pennsylvania. I welcome sponsors. Thank you. 

APPROPRIATIONS COMMITTEE MEETJNG 

The SPEAKER. The Chair recognizes the gentlemar 

from Philadelphia, Mr. Wojdak. 

Mr. WOJDAK. Mr. Speaker, there will he a meeting 

of the Appropriations Committee at 11:45 in the Appro- 

priations Committee conference room. 

JUDICIARY COMMITTEE MEETING 


from Philadelphia, Mr. Berson. 

Mr. BERSON. Mr. Speaker, there will be a meeting 01 

the Judiciary Committee in room 115-A at 12 o'clock 

today. 

MR. DeMEDIO REQUESTED TO PRESIDE 

The SPEAKER. Will the gentleman, Mr. DeMcdio 

come to the desk for the purpose of temporarily presid- 

ing? 

Mrs. ICERNICK, chairman of Select Committee on 

Legislative Citations, presented citations, which were 

read, considered, adopted, and forwarded to the following 

recipients: 

Mrs. Martha N. Barnes, Box 187, East Springfield, 

Pennsylvania 16411. 

Dr. Trever R. Williams, 224 West High Street, Bangor, 


Mr. and Mrs. John Quincs Adams. West Broad Street. 

Williarnstown, Pennsylvania 17098. 

Reverend Robert A. Karlson, Trinity Lutheran Church, 

Box 483, K. D. 1, Coopersbilrg, Pennsylvania 18036. 

Mr. and Mrs. Thomas Finn, 60 Chapcl Street, Wilkcs- 

Barre, Pennsylvania 18702. 

Mr. and Mrs. Bernard E. Skibinski, Sr., 509 North Main 

Street, Wilkes-Barre, Pennsylvania 18705. 

Mr. and Mrs. Joseph C. Schanne, 81 Corlear Street, 

Wilkes-Barre, Pennsylvania 18702. 

Mr. and Mrs. Harold McPherson, Sr., 1066 Rcar Ninth 

Avenue, Brackcnridge, Pennsylvania 15014. 

Mr. and Mrs. James W. Stover, 1526 Montana Avenue?, 

I Natrona Heights, Pennsylvania 15065. 

1 William Gillette, First Avenue, Union City, I'ennsyl- 

I 

, vama 16438. 

I J. Russell Meearnce - 502 Welsh Road. Horsham. Penn- 

I sylvania 19044. 

LIQUOR CONTROL COMMITTEE MEETING Mr. Peter J. Furek, Veterans Administr:~tion Regional 

Office, 1250 Sixth Street, San Diego, California 92101. 

The SPEAKER. The Chair recognizes the gentlemall ~occo Feudale, R. D. 4, Apollo, Pennsylvania 15613. 

from Philadelphia, Mr. Greenfield. 

John Kopicki, 610 Rutter Avenue, Kingston, Pennsyl- 

Mr. GREENFIELD. There will he a meeting of the vania 18704, 

Liquor Control Committee in room 401 at 12 o'clock as ti^^^ Society, 323 Ashbourne Road, Philadelphia, 

scheduled. 


Patricia G. Cassidy, First National Bank, 717 State 

CONSUMER PROTECTION COMMITTEE Street, Erie, Pennsylvania 16501. 

MEETING CANCELED Mr. and Mrs. John W. Deitz, R. D. 2, Red Lion, I'enn- 

The SPEAKER. The Chair recognizes the gentleman Sylvania 17356' 

Meadville Business and Professional Women's Club, 

from Westmoreland, Mr. Schmitt. 

c/o Dianne Merchhaker, R. D. 6, Meadville. Pcnnsylvanis 

Mr. SCHMITT. Mr. Speaker, the Consun~er Protection 

16335. 

Committee meeting which was scheduled to begin st the 

Upland Fire Company. 

close of the session today is canceled until next week. 

William J. Moses, Superintendent, Penn Dclco School 

District, 95 Concord Road, Aston, Pennsylvania 10014. 

TIME OF COMMITTEE MEETING CHANGED ~cott Gittman, Parkside Elementary School, Edgmont 


Avenue, 19015' 

Senior Commanding Oificer of thc United Stales Arm) 

irom Philadelphia, Mr. Wojdak. 

in 

Mr. WOJDAK. Mr. Speaker, lor the members of the 

the 

Appropriations Committee, rather than having that meet- 

Mr. and Mrs. Grim, R. D. Boyertown, Perming 

at 11:45, if everyone would proceed there immedi- 

Wlvania lg5". 

ately, we will begin the meeting. 

Parkette National Gymnastic Team, c/o Gerald B. 

Fischler. R. D. 1. Box 442. Center Valley. Pennsvlvznia 

18034. 

Mr. and Mrs. Frank Happ, 386 Calclerwood Avenue, 

Pittsburgh, Pennsylvania 15202. 

Zion Evangelical Lutheran Church, 109 North Green- 

wood Street, Tamaqua, Pennsylvania 18252.

Griffith A. Herold, 36 Petrolia Street, Bradford, Penn- 

sylvania 16701. 

Gene Wettstone, c/o Pennsylvania State University, 

- 


TIME OF NEXT MEETING 

State College, Pennsylvania. The clerk of the Senate, being introduced, presented the 

Middleto~vn Arca High School, 55 West Water Street, following extract from the Journal of the Senate, which 

Middie!own, Pennsylvania 17057. was read: 

Mr. William F. Bl~tler, 420 Insurance Street, Beaver, 

In the Senate, June 7, 1976 

Pmnssl-.'mix 15009. 

David Grise, R. D. 4, Ponderosa Drive, Erie, Pennsylvania 

16509. 

Mr. and Mrs. Ralph W. Porter, 207 Rice Avenue, Girard. 

I'ennsylvania 16417. 

Dehra Elaine Jones, East Crane Street, Cranesville. 


John J. McCollo~~eh. .. , 6447 Torresdale ~ - - ~ Av~nt~e ~~-~~~ Philadclphia, 

Pennsylvania 19135. I 

RESOLVED, (the House of Representatives concur- 

ring), That when the Senate adjourns this week it re- 

convene on Monday, June 14, 1976 and when the House 

of ~ ~ ~ adjourns ~ this ~ 

Monday, June 14, 1976. 

it ~ reconvene ~ on ~ t 

Ordered, That the clerk present the same to the House 

of Representatives for its concurrence. 

Unicn National Bank and Trust Company of Sol!derton. 


Will the House concur in the resolution of the Senate? 

10 West Ernad Street, Souderton, Pennsylvania 18964. Iteso1:ltion was concurred in. 

Richard C. Stone, Jr., Pine Road, Mt. Holly Springs, 

Pennsylvania 17065 

Edward B. Palmer. Sr.. 913 Sheffield Avenue. Mechan- 


, . 

icshurg, Pennsylvania 17055. SENATE MESSAGE 

Edsar E. Wngcner, 251 Marlette Drive, Mechanicshnrg, 

Pcnnsslvania 17055. 

SENATE EILL No. 883 RECOMMITTED 

Reverend John J. Foster, c/o Bishop McDevitt High The clerk of the Senate, heing introduced, presented 

School, Royal Arenire, Wyncote, Pennsylvania 19095. t ! ~ following cxtract from the Journal of the Senate, 

R'alter C. Plum. 123 West Main Street, Girard, Penn- which was read: 

sylvari,? 1641 7. 

In the Senate, June 7, 1976 

Mr. and Mrs. Fred 0. Drirs, ID North Broo:re Strcet. 

Robesonii,, Prnnsylvanin 19551. 

RESOLVED, (the House of Representatives concurrin?), 

That Scnate Bill 883, Printer's No. 1941 he recom- 

Mr. and NIrs. Norman Becker, 731 Penn >.venue, Sinkn-iltt-d 

to the Committee of Conference for further study. 

ing Sprine, Pennsylvania 18608. 

Right Reverend Monsignor Carl B. Brady. pastor OI'dfl~d, That the clerk present the same to the House 

Emeritus, St. Rosc of Lims Parish, 950 West Marlie1 01 I%erirfsentatives for its concurrence. 

Street, York, Pennsylvania 17404. 

St. Thcmas High School Blsketball Team, St. Thomas 

High School, Braddr~ck, P~nnsylvirnia 15104. 

St. Thomas High School, Braddocit, Pennsylvania 15104 


the House concur in the resolution of the Senate? 

Rr.;olution was concurred in. 

Soudcrton Perseverance Fire Company, Second Street, 

So:lderlon. Pennsylvania 18964. 


Stephen D. ~ichielli, 2011 Mifflin Street, Philadelphia, 


Revrrpnd Theodore L. Fischer, Pastor, St. Peter's Lutheran 

Church, North Wales, Pennsylvania 19454. 


AMENDED SENATE BILL CONCURRED 

IN BY SENATE 

Carnlyn Baxter, Pine Tree Drive, Girard, Pennsylvania 

The clerk of the Senate, being introduced, informed 

16417. 

that the Senate has concurred in the amendments made 

Mrs. Iris S. MacRae, 300 Mzadow Lane, Lancnster. 

hy the Hoilse of Representatives to SENATE BILL No. 

Pennsvlvania 17601. 

on. 

Dill 

Ken Johns. 

An Act amending the act of August 9, 1955 (P. L. 323, 

Herman A. Peters. 

No. 1301, entitled "The County Code," providing that the 

Thc Wanheirn Township Cross Counlry Team. county commissioners shall have the sole responsibility 

Carol Miller, the Hempfield Girls and Coach Bill lor rollective bargaining negotiations for all employes 

Bowers. 

paid from the county treasury. 

RECESS 

The SPEAKER pro tempore. This House is now in 

recess until 1:30. 


OF C~MMITTEE OF 

S ~ N ADOPTS A ~ ~ n~P~RT 

CONFERENCE ON HOUSE BILL No. 796 

AFTER RECESS I The clcrk of the Senate, being introdwed, informed 

The time of recess having expired, the Ho~lsr w;is 

called to order. 

THE SPEAKER (Herbert Fineman) 

IN THE CHAIR 

that the Scnate has adopted the report of the Committee 

Conference on H O B ~ I No, ~ 196 ~ ~ 

An Act amending the act of January 19, 1968 (1967, 

P. L.. 1196, No. 4431, entitled "The Land and Water Conservation 

and Reclamation Act." g~anting the Secretary 

of Environmental Resources the rlght to enter certain

prcmlses for the purpose of conserving nnd recl3ini1n.: 

land and uatcr rcsour:cs; pro\.idiny for lien.; upon such 

land: oro\.~dinn fur the orumulcatlon of rulcs and rr,eglatlons': 

and nFovidine f6r riahcs of recoverv for absement 

of emergency conditions. 


SENATE ADOPTS REPORT OF COMMITTEE OF 

CONFERENCE ON SENATE BILL No. 572 


that the Senate has adopted the report of the Committet 

of Conference on SENATE BlLL No. 572 

An Act amending the act of August 9, 1955 (P. L. 323 

No. 1301, entitled "The County Code," providing for 

annual assessments for district attorneys' associations and 

providing for a full time district attorney in certaqn in- 

stances in third and fourth class counties, setting hi: 

salary and making repeals. 


SENATE ADOPTS REPORT OF COMMITTEE OF 

CONFERENCE ON SENATE BILL No. 573 

The clerk of the Senate, being introduced, informer 

that the Senate has adopted the report of the Committee 

on Conference on SENATE BILL No. 573 

An Act amending the act of Ju!y 28, 1953 (P. L. 723 

No. 230), entitled, as amended, Second Class Countj 

Code," providing for annual assessments for district at- 

torneys' associations. 


AMENDED HOUSE BILL RETURNED 

FOR CONCURRENCE 

The clerk of the Senate, being introduced, returned 


An Act providing for the,payment of death benefits to 

the surviving spouse or chlldren of flremen or law en- 

forcement oificers killed in the performance of their 

duties. 

with the information that the Senate has passed the 

same with amendments in which the concurrence of the 

House of Representatives is requested. 

The SPEAKER. The bill will appear on the calendar. 


BILLS FOR CONCURRENCE 

The clerk of the Senate, being introduced, presented 

for concurrence bills numbered and entitled as follows: 

SENATE BILL NO. 179 


An Act amending the act of March 31, (P. L. 427, 

No. 375), entitled '.Cr~minal Procedure Act of 1860," permitting 

a joint trial of certain defendants in the discretion 

of the court. 

Referred to Committee on Judiciary. 

SENATE BILL No. 419 

An Act amending the act of May 29, 1956 (1955, P. L. 

1804, No. 600), entitled "An act providing for the establishment 

of police pension funds or pension annuities in 

certain boroughs, towns and townships and the regllla- 

1 

June 8, 

tion and maintenance thereof; , . . . ," providing for 

vesting. 

Referred to Committee on Local Government 


An Act amending the act of August 9, 1955 (P. L. 323, 

No. 130), entitled "The County Code," changing provi- 

sions relating to certaln moneys paid to county historical 

societies. 

Referred to Committee on Local Government. 


An Act amending Title 20 (Decedents Estates and Fidu- 

liaries) of the Pennsylvania Consolidated Statutes, mak- 

ing certain editorlal corrections; expanding nonmanda- 

tory jurisdiction of the orphans' court division; reducing 

the period for making appeals from a decrre nl the 

register; making a bond discretionary with the court; 

providing for the effect of heir's surviving decedent for 

five days; adding certain adoption provisions; redefining 

advancements; changing certain time limitations: adding 

3nd redefining rules of interpretation; changing the bond 

requirement for a personal representalive; extcnding the 

Ftatute of limitation for certain debts due the estate; pro- 

viding for the filing of a record of risk distributions; re- 

ieving a guardian of liability for certain distributions to 

a personal representative; authorizing a court having 

iurisdiction of an estate or trust to make a decree of 

death; raising the monetary limitation for termination 

of trusts; providing for annexation of distributed estate 

3r trust; and making repeals. 

Referred to Committee on Judiciary. 

1 SENATE BILL No. 1469 

I 

An Act amending the act of June 12, 1913 (P. L. 56, 

No. 24), entitled 'Capital Budget Act for Fiscal Year 

1972-1913, Public Improvement Project Itemization Sup- 

plement, Emergency Life Safety Code Imnprovements- 

Phe General State Authority," increasing a project. 

Referred to Committec on Appropriations. 

HOUSE BILLS INTRODUCED AND REFERRED 

TO COMMITTEES 

By Messrs, WHELAN, GREEN, DAVIES, COLE, 

PRATT, MILANOVICH, ZEARFOSS, ENGLEFIART, 

SALVATORE and WORRILOW 

EIOUSE BILL Nn. 2489 

An Act amending the "Commonwealth Documents 

Law," approved July 31, 1968 (P. L. 769, No. 240), providing 

for legislative participation in the rule-makmp 

process. 

Referred to Committee on Judiciary 

By Messrs. A. C. FOSTER and ANDERSON 


An Act amending the "Newspaper Advertising Act," 

approved May 16, 1929 (P. L. 1784, No. 687), further 

deiining "newspaper" and "circulation." 

Referred to Committee on Business and Commerce. 

B~ M ~ L~MARCA ~ ~ and ~ STAHL . 


An Act making an appropriation to the Reading School 

District for capital improvements of a public museum. 

Re'erred to Committee On Appropriations. 

BY Messrs. SHELTON, BEREN, RIEGER and OLIVER 

HOUSE BILL No. 2492

1976. LEGISLATIVE JOURNAL-HOUSE 5141 

An Act providing for the selection and award of con- 

tracts relating to design, feasibility and landscaping which 

are awarded tq architects and engineers; establishing the 

Pilhljc Worlis Professional Services Board; and providin.; 

for its powers and duties; prcscribing penalties; and 

making an appropriation. 

Ref~rrcd to Committee on Prof~ssional Licensure. 

BY Meisrs. SHELTON, HEFFORD. RlEGER and 

OLIVER No. 2493 

An Act amending the "Professional Enqincers Registra- 

tion Law," approved May 23, 1945 (P. L. 913, No. 367). 

fllrther defining and adding terms; changing provisions 

relcting to surveyors; increasing fees; and further pro- 

viding for disposition thereof. 

Referred to Committee on Professional Licensure. 

RTLI, REPORTED FROM COMMITTEE 

IXOUS13 BILI, No, 2488 B~ M ~, WOJDAK 

An Act relating to Commonwealth budget procedures. 

Ftepnrted from Committee on Appropriations. 

RII.T,S REREPORTED 

An Act amending the act of April 9, 1929 (P. L. 177, 

No. J75), entitled "The Administrative Code of 1929," 

further providing for the Navigation Commission for the 

Delaware River and its navigable tributaries and making 

repeals and making an appropriation. 

Rereported from Committee on Appropriat,ions. 

SENATE BILL No. 935 (Amended) By Mr. BERSON 

An Act amending Titles 42 (Judiciary and Judicial 

Proc'dllre), 15 (Corporations and Uninc-rpnrated As- 

sociations), 18 (Crimes and Offenses) and 71 (State GOV- 

ernment) of the Pennsylvania Consolidated Statutes, add- 

ing revised, codified and compiled provisions relating to 

judiciary and judicial procedure, including certain judi- 

ciaiiy enforceable rights, duties, immunities and liabilities 

and separately enacting certain related provisions of law. 

Rereported from Committee on Judiciary. 

CALENDAR 

HEALTH AND WELFARE BILL 

ON THIRD CONSIDERATION 


The House proceeded to third consideration of House 


An Act requiring the compilation of a list of inter- 

changeable drugs; imposing duties on pharmac'sts; au- 

thorizing consumers to make substitutions in certain cases. 

IiOUSE BILL No. 249 BY Mr. WOJDAK 


Will the House agree to the bill on third consideration? 

A" ~~t amcndin~ w~he ~ d ~ ; ~ i code ~ t of ~ 1g2g,22 ~ t i Mrs. ~ TOLL ~ requested and obtained unanimons consent 

approved April 9, 1929 (P. L. 177, No. 1751, creating a to offer the following amendments, which were read: 

State Board of Marriaec and Family Counselor Euaminer. 

rs a departmental administrative board in the Depart- Amend Sec 2, page 8, lines 20 through 23 by strikinq 

ment of State. 

out "A DRUG LISTED BY THE FEDERAL" m line 20, 

and all of lines 21 through 23 and inserting: drugs having 

Rerei~orl~d irom Committee on Appropriation?. the same generic names, dosage form and labeled potency, 

mecling standards of the United States Pharmaconeia 

FIOUSE BILL No. 250 By Mr. WOJDAK or National Formulary, if applicable, and not found in 

violation of the requirements of the United States Food 

An Act providinr: for the licensing and regulation of and Drug Administration and the Pennsylvania Departmarriage 

and fzm'ly counselors; making certain zcts il- ment ~ ~ ~ l ~ h , 

legal and proscribing penalties. 

Amend Sec. 3, page 9, line 1, by striking out "A SIGN" 

Rereported !rom Committee on Appropriations. Amend Sec. 3, pa?e 9. lines 2 and 3 by strikine out 

" INFORMTNG CONSUMERS TO TNQUIRE, ABOUT 

HOUSE BILL No. 6'0 By Mr. WOJDAK +HE LIST OF EQUIVALENT DRUGS." and inserting: 

easily accessible to the general public, a list of commonly 

An Act amendina the "Public Welfare Code," approve6 llsed equivalent drugs containing their generic names and 

Juni. 13, 1967 (1'. I,. 31, No. 211, gradually increasing the brand names where applicable. ~h~ secretary shall 

maxilnilm annual State grants to county institution dis distribtlte periodically a list of equivalent drugs to all 

tricis or their successors for cost of child welfare pro- pharmacies in the commonwealth in with the 

grams. 

State Board of Pharmacy. The lists shall be updated 

Hereported from Committee on Appropriations. periodically to reflect changes. 

Amcnd Sec. 4, page 9, line 4 by inserting after "4.": (a) 

HOUSE BILL No. 1032 By Mr. WOJDAK Amend Sec. 4, page 9, line 7 by inserting after 

"NAME": or gencric drug 

An Act amending the "Real Estate Tar Sale Law," 

approved July 7, 1047 (P. L. 1368, No. 5421, increasing -4mend Set. 4, page 9, line inserting after 

certain time periods, requiring new notice provisions, 'BRAND": or generic drug 

rstahlishing hearing procedures, requiring public auc- Amend Sec. 4, page 9, by inserting between lines 14 

tions and setting minimum bid lcvels at public auctions. and 15: 

(b) The Secretary of Health may prohibit use of cer- 

Rereported from Committee on Appropriations. tain generic drugs in a drug interchange program upon 

his own motion or on the petition of any interested 

SENAT' B1"L 6G7 By Mr. %'OJDAK party. Before so doing, the secretary shall request the 

An Act relating to the rights, obligations, and liabilities advire in writing from the Drug, Device and Cosmetic 

of landlord, tenant, managing agent; and powers of local Bmrd whether a drug should be so prohibited. such 

,.ode en~orcement in counties of the second class advice shall be rendered to the secretary withln a reasunable 

time. After considering the available facts, the 

Iiereport?d from Committee on Appropriations. secretary shall make a finding with respect to such drug 

and may issue a regulation prohibiting its generic inter- 

SENKrE BILL No. 800 (Amended) By Mr. TVOJDAK change for a period of one Year. The status of such 

drugs will be revlewed annually by the secretary. 

Amend 

BOARD OF 

Health 

page 10, line 3 by striking out 'SSTA~~ 

and inserting: Department of 

021 the question, 

Will the House agree to the amendments?


June 8, 

AMENDMENTS DIVIDED I The Chair recognizes the lady from Philadelphia, Mrs. 


Philadelphia, Mrs. Toll. 

Mrs. TOLL. The second part of the amendment amends 

M ~ TOLL. ~ . M,. speaker, I would like to divide the 

Section 3, Page 9, line 1, by striking out the words "A 

first part of my amendments, which amends section 2, 

'IGN". 

page 8, lines 20 to 23, by inserting Mr. pylesf 

It also amends section 3. page 9, lines 2 and 3, by 

if that is agreeable with Mr. Pyles. 

striking out the words "INFORMING CONSUMERS TO 

The SPEAKER. How far down? 

INQUIRE ABOUT THE LIST OF EQUIVALENT 

M ~ TOLL, ~ , Just that one down to the end of 

DRUGS." and inserting the words "easily accrssible to 

thc definition of generic drugs. 

the general public, a list of commonly used equivalent 

The sPEAKER, Does that include 'sDedrugs 

containing their generic names and brand names 

partment of Health"? 

where applicable. The secretary shall distribute period- 

Mrs. TO~L, down to end of of 

ically a list of equivalent drugs to all pharmacists in the 

77..,.L ,, 

Commonwealth in cooneration with the State Board of 

nedlLII. 

The SPEAKER. And that is the onlv divisicn that the I Pharmacy. 

The list ;ha11 he updated periodically to 

lady desires? 

Mrs. TOLL. Yes. That is correct. 

The SPEAKER. All right. 

The amendment has been divided as suggested by the 

lady, and the question before the House is the matter 

of the adoption of the first part of the amendment. 

reflect changes." 

The SPEAKER. Will the lady and Mr. Pyles come 

to the desk, please? 

Yes. 

RECONSIDERATION OF VOTE 

ON PART I OF TOLL AMENDMENTS 

The Chair recognizes the lady from Philadelphia, Mrs. Mrs. TOLL moved that the vote by which Part I of 

Toll. 

her amendments was agreed to be rccoosidered. 

Mrs. TOLL. I would like to have the members vote Mr. PYLES seconded the motinn. 

in favor of this amendment, Mr. Speaker. 

The SPEAKER. Will the lady briefly explain the 

amendment? 

Mrs. TOLL. Yes. 


the to the 


The point I am hoping to divide out of the amendment On the question recurring, 

is referring to the def~nition of generic drugs. Mr. Pyles' Will the House agree to Part I of the Toll amendments? 

amendment gives, I think, a more conclusive description 

of generic drugs and I am in favor of that. 

PART I OF TOLL AMENDMENTS WITHDRAWN 

1 

I Mrs. TOLL. I now withdraw the first part of my 

amendment and oTCcr the second part ol the amendment. 

PHOTOS TO BE TAKEN 

The SPEAKER. The question recurs. Will the House 

The SPEAKER. The Chair has extended permission agEp to the arncndment? X-e arc talking about the 

to the UP1 to take photographs of today's session. sccnnd part of the amr~dment only. 

The Chair recognizes the gentleman from Montgomery, The Chair recognizes the lady, Mrs. Toll, and following 

Mr. Pvles. 

completion of action on that amendment, the Chair will 

Mr.-PYLES. Mr. Speaker, as I understand, what my then recognize Mr. Pyles, who will offer an amendment 

colleague is proposing is that my amendment, that has in lieu of thc first part offcred by the lady, Mrs. Toll. 

been circulated to every memher of the floor, be sub- Mrs. TOLL. The second part of my amendmcnt amends 

stituted for her definition of an equivalent drug as con- section 3, page 9, lines 2 and 3, by striking out ", informtained 

on page 8, lines 20 and 23. 

ing consumers to inquire about the list of eouivalent 

The SPEAKER. Will the gentleman yield? Is the drug?." and inserting the words "easily accessible to 

gentleman offering an amendment? 

the general public, a list of comnlonly used ci!uivalent 

Mr. PYLES. As I understand, Mr. Speaker, my col- drubs containing their generic names and brand names 

league, Mrs. Toll, is proposing to substitute my amend- where applicable." 

ment for her first section. Is that true? 

The SPEAKER. Are there any questions of the lady? 

Mrs. TOLL. Yes, it is, Mr. Speaker. 


The SPEAKER. I do not quite understand what the 

two of you are doing. The lady, Mrs. Toll, has offered The SPEAKER. Thc Chair recognizes the gentleman 

an amendment and she has divided the amendment. The from Lancaster, Mr. Hill. 

question before the House is on the first Part of the Mr. HILL. Mr. Speaker, we are dealing with a very 

lady's amendment. That is the only question hefore serious hill and a very serious amendment. And I underthe 

House. 

stand there are two or three more amcndrnc~lts to be 

offered. It concerns me very much, because this bill has 


been around for quite some time. There were many 

Will the House agree to Part I of the Toll amendments? 

hearings held on this bill and there was a tremendous 

Amendment was agreed to. 

amount of work done by many pcople. After looking at 

The SPEAKER. The second auestion now before the the amendments that I have here before me. I wm~lrl 

--~- 

- - ~ 

House is, Will the House agree tb the second part of the / hate to make a decision on any of these 'particular 

amendment? 

/amendments at this time without having some time to


--- -~ 

really know what we are doing. Therefore, I would like The SPEAKER. The Chair recognizes the gentleman 

to move that House biil No. 473 be recommitted to the from Montgomery, Mr. McClatchy. 

Committee on Health and Welfare. I would ask that any- Mr. McCLATCHY. Mr. Speaker, will Mrs. Toll, the 

body who has any amendments to it, to get them back prime sponsor, consent to interrogation, please? 

to those very .. people . who are doing the tremendous The SPEAKER. Will the lady, Mrs. Toll, consent to inamount 

of work on the hill. 1 terrogation? 

Mrs. TOLL. Yes, Mr. Speaker. 


The SPEAKER, The gentleman will proceed, 

Phiiudelphia, Mrs. Toll. 

Mr. McCLATCHY. Mr. Speaker, I am having some 

Mrs. TOLL. . Speaker, 1 object to the motion to trouble with this bill as to finding out who is liable if 

rpcommit and I would appreciate a vote against re- a drue . . . to do - other than what the 

committal. 

patient thinks it is going to do. Is the pharmacist liable 

On the auestion. 

under this bill, Mr. Speaker? 

IVill the House agree to the motion? 

POINT OF ORDER 

The yeas and nays were required by Mr. HILL and 

Mrs. TOLL and were as follows: 


from Philadelphia, Mr. Richardson. For what purpose 

does the gentleman rise? 

Anilerjon. J. H 

Bereo 

Rittle 

Bradley 

Rrarldt 

Hcitrra 

C'rssar 

Cimini 

Clawlord 

Cilinberland 

Da?i-' 

Deverter 

nietz 

Diainnl 

Dnrr 

I'..rveett 

P~SC~PI 

Fisher 

t';.qter. A. 

Fost"r. W. 

Fnlind 

Gail",, 

NAYS-110 

Sirisnnl 

Smith, E. 

smith. L. 

spencer 

Stahl 

JI. Taddonlo 

Thomas 

Turnpr 

Vayn~ki 

vroon 

Wagner 

Wetdner 

Westerberg 

Whelan 

Wilt. R. W. 

wilt. W. W. 

worrilow 

Yohn 

zearfoss 

ze11er 

Zord 

Mr. RICHARDSON. I rise to a point of order. 


Mr. RICHARDSON. Mr. Speaker, are we not on the 

amendment of the lady? The gentleman seems to be 

debatine the hill. Are we not on the amendment of the 

lady? 

Mr. McCLATCHY. The gentleman, Mr. Richardson, 

is right. I will hold my remarks. 

The SPEAKER. As I understand it, the gentleman 

is interrogating the lady on her amendment. 

Mr. McCLATCHY. No, I am mistaken, Mr. Speaker. 

The SPEAKER. The Chair thanks the gentleman, and 

the gentleman withdraws his further interrogation. 

Mrs. CRAWFORD. Mr. Speaker, I require a roll-call 

vote on that last bill. 

The SPEAKER. We will take a roll-call vote on the 

amendments offered by the lady, Mrs. Toll. The memhers 

will proceed to vote. 

Ahiaham 

hifh~m 

Barber 

R~liornlmi 

Bennett 

Eerltn 

tlPlS0" 

Ronetto 

Brilnner 

Burns 

c:n,,,,to 

Cianciullf 

Cohcn 

Cole 

Cowell 

!IrMedlo 

ueweese 

Dirarlo 

DirJOnatO 

nornbmw 

Doyle 

Drribclbb 

Dumas 

irk

5 144 LEGISLATIVE JOURNALHOUSE June 8, 

ministration, how can they possibly be more expert than On the question, 

the FDA-Federal Drug Administration-in this whole Will the House agree to the amendmenl? 

series or whole area of generic drugs? Therefore, I op-I 

pose the amendment for this reason. I 


from Berks, Mr. Stahl. 

On the question recurring, 1 Mr. SI'AHL. Yes, Wr. Speaker. 

Will the House ~~~ aeree to Part I1 of ~ - the ~--- Toll amendments? I did not anticinate debatine this warticular amend- 

~ 

ment, however I think that th;, members of the House 

The yeas and nays were required by Mrs. 

and ought to have some information regarding the Toll amend- 

Mrs. CRAWFORD and were as follows: 

ment, and I have no objection to the amendment. 

Abraham 

Arthum 

Barber 

Bellomlnl 

Bennett 

Berm 

Berson 

Bonetto 

Bradley 

BNnner 

Caputo 

Cianeiulli 

Cohen 

Cole 

Cowell 

IleMedio 

DeWeese 

Dicarlo 

DIDonetD 

Dombrowa!d 

Doyle 

Drelbelbi. 

Dumas 

Eckensberger 

Englehlvt 

Fee 

Plahem 

hyer 

Gallagher 

Anderson. J. E. 

Reren 

Bums 

Butera 

Ce-r 

cirmnt 

Crawford 

Cumberland 

DadeS 

Deverter 

Dletz 

Dlninnl 

DO** 

Fawcett 

Flscher 

Fisher 

Foster. A. 

Foster. W. 

Fretnd 

Gallen 

Garrla McIntyre 

Gelsler McLane 

George Meanom 

Giammarco Milanovieh 

Glllesple Milliron 

Glllette Miseevich 

Gleeson Morris 

Goodman Mrkonic 

Green Mullen. M. P. 

Greenneld Mullen 

Hammock Murta 

Hayea. II. S. Myers 

Hutchinson. A. Novak 

lrvis O'Brlen 

Itkin O'Donnell 

Jahraon. J. O'Keefe 

Kelly. A. P. Oliver 

Kerniek Perry 

Kllngaman Petrarca 

Kolter Pievsky 

Kawalyshyn Pratt 

LRMarcQ Prendergast 

Laudsdio Pyle~ 

Laughlln Rappapod 

Lederer Ravenstah1 

Letterman Reed 

Lague Renwlck 

Manderilla Richardson 

MeCsll Rleger 

Ritter 

Ross 

Ruggiero 

Saloom 

Schmrtt 

Schweder 

Shane 

Meihamer 

Shelton 

Shuman 

Shupnlk 

Stapleton 

stout 

Taddonlo 

Taylor 

Toll 

Treilo 

Valieenti 

Walsh, T. F. 

Wansaez 

Wargo 

Wlgglns 

Williams 

Woldak 

Zwfkl 

Fineman. 

Speakel 

Grieco Mecue Smith. L. 

Gring McGlnnis Spencer 

Halverson Mebus Stahl 

Hamilton. J. A. Miller. M. E. Thomae 

Hasay Miller. M. E.. Jr. Turner 

Jiaskell Moehlmann Ustynoskl 

Hayes. S. E. Noye Vroon 

Hlll O'Connell Wagner 

HopkIns Pancoast Weldner 

Hutchinson, W. Parker. H. S. Westerberg 

Kstz Perri Whelan 

Kelly, J. B. Pltts Wilson 

Kistler Polite Wilt, R. W. 

Knepper Renlllnger Wilt. W. W. 

Kusse Ryan Worrllow 

Lehr Salvatore Wright 

Led Schraffer Yohn 

Lincoln Selrica Zearfofoas 

Lynch Slnannf Zeller 

Manmlller Smlth. E. Zord 

McClatchy 

NOT VOTING---8 

Bittle Gleason MeGiaw Seltzer 

Brandt Hepford Rhodes Yshnu 

So the question was determined in the affirmative 

and Part I1 of the Toll amendments was agreed to. 


Will the IIouse agree to the bill as amended on third 


Mr. PYLES requested and obtained unanimous con- 

sent to offer the following amendment, which was mad: 

Amend Sec. 2, page 8, lines 20 through 23, by striking 

out both of said lines and inserting: 

"Equivalent drug" shall mean a drug which has documented 

chemical equivalency and biological or therapeutic 

equivalency and manufactured under an approved 

total quality assurance program administered by the 

Federal Drug Administration and so certified. 


Will the House agree to the amendment? 

Amendment was agreed to. 


Will the House agree to the bill as amended on lhird 


Mr. WILSON requested and obtained unanimous con- 

sent to offer the following amendment, which was read: 

Amend Sec. 5, page 10, line 2, by inserting after "CON- 

SUMER.": Every prescription blank shall contain an 

entry permitting portability of the prescription by which 

the pharmacist can ~ndicate an individual dispensing but 

which permits the consumer to have any of the other per- 

missible number of refills filled at another pharmacy to 

suit his convenience or choice. 




from Bucks, Mr. Wilson. 

Mr. WILSON. Mr. Speaker, House bill No. 473 is an 

endeavor to save our drug-using constituents from extreme 

costs, I believe. I would ofier an amendment that 

I think would extend that savings. I am simply giving 

any person who receives a prescription that has with it 

the right to be filled more than one time, the right for it 

to be repeatedly filled, to go to whatever pharmacist that 

he seeks and wherever he wants to get this filled on subsequent 

refills. 

In other words, this is a portability amendment that 

would say that with any prescription you can go to the 

first pharmacy, you can get it filled and, if you discern 

that somebody else is offering this same drug at a more 

reasonable price, less money, you can take that prescription 

for its second filling, for its third filling and ad infinitum 

to somebody else. 

I would suggest that on page 9 of House bill No. 473, 

the bottom of the page, it says on line 30, "that no drug 

interchanee shall be made unless a savines to the con- 

- ~ 

sumer results, and that savings is passed on to the con- 

sumer." At that point my amendment would be added on 

page 10, line 2, to say that simply this is an extension of 

that money-saving ability, We can take this prescription 

to whatever ~~ - nharmacv we wish and. if we can ret it 

A~ 

cheaper or at less cost, we can take it to the pharmacy 

and get it filled. I think this is just another way, another 

method and another means that we can pass on to our 

consumer constituents a saving of money. I would sug- 

gest that the House adopt this amendment. 

he SPEAKER. The Chair recognizes the lady from 

To'1' 

Mrs. TOLL. Mr. Speaker, I feel that this smertdment 

is not germane to a generic drug bill and I would request 

a "no" vote on the amendment.

The SPEAKER. The Chair recognizes the minority 

whip. 

Mr. RYAN. Mr. Speaker, would Mr. Wilson consent to 

interrogation? 

The SPEAKER. Will the gentleman, Mr. Wilson, con- 


Mr. WILSON. Certainly. 

The SPEAKER. The gentleman may proceed. 

Mr. RYAN. Mr. Speaker, I think I understand what 

you are attempting to rio by this amendment, hut a couple 

of factlzal sitnations arise in my mind and I would like 

an answer to them. 

Many prescriptions are marked to he refillpd once, 

twice. three times. Now, how would you control this pro- 

hlem? 

Mr. W!I,SON. It rimply says in the amendment, Mr. 

Speaker. that "Every ~reecriptjon blank shall contain an 

entry permitting portability of the presrription by which 

the pharmacist can indicate an individual dispensing but 

which prrmits the rcnsumer to have any of the other per- 

missih!e n~jrnhrrs of refills filled at another pharmacy to 

suit his convenience or choice." if it is renewable. If in 

fa-t the physician prescrihin: this particular prescription 

says that you can have it once, that is it. 

Mr. RYAN. I am thinking more of the situation where 

you would have a prescription that is permitted to be rc- 

rewed 3 times, for instance. Now as I understand your 

amendment. you go to the first pharmacy; you give them 

the prescription; you have it filled; and then assuming 

you are gninq to he in Harrisburg the following month 

and you may want to have that prcscription refilled in 

Harrishurq as opposed to Bucks County, you would ask 

the pharmacist lor the actual original prescription and 

hving it with you to Harrisburg? 

Mr. TI'TLSON. Yrs. the original pharmacy would so 

indicate that of the three refills permitted by your phy- 


- 

second and third time would in fact retain a record of 

having filled this prescription and in addition to making 

a record on the prescription itself. So in other words, thp 

prescription is a record and it is portable, but each pharmacy 

keeps a record of having filled that prescription. 

Mr. RYAN. BE^ the problem that I see from an enforcement 

standpoint is, if you have a pharmacist who 

wants to avoid the law and sell a dangerous drug or narcotic, 

he could simply make a notation, Benjamin Wilson, 

then the danerous drug, and that he has returned the 

prescription to you, and the law-enforcement people makinq 

a check of the pharmacy record would not have available 

the actual prescription. Now, I know that this is the 

way they do it: they rheck against actual prescriptions, 

not against a record that a doctor did prescribe something 

They check the prescription itselr. How would 

yo11 overcome this problem? 

Mr. WILSON. As it stands today, you go to your pharmacy, 

whichever yon choose, you leave the prescription 

there. If this were to become law, you would take that 

prescription, the same as you do today, to thc pharmacy 

of :?!>ur choice; they would make a record of having rpc~ivrd 

it and having filled it one time. They would make 

a record on the prcsc~.iption itself, a permanrnt record 

on the prescription itself, having filled it one time of the 

three, as you sey in yollr example, times that the physician 

prescribes that this can he filled. So that he goes to 

the next pharmacy and that one checks off number two; 

the third pharmacy, numher three, and that is the end of 

the penon's requirements. 

Now as to the legality of the pharmacy's records, they 

have made a record of this prescription, the number of it; 

the physician prescribing it and the timcs that they have 

filled the prescription, the first time or in fact if it is the 

second time or they are number two of two. Therefore, 

their record is perfectly legal, perfectly in order and 

cician, thcy have in turn taken one of those, You are meets all of the drug requirements. 

s!ill e~titled tn two and you can get them in Harrisburg Mr. RYAN. Now I am looking at your amendment and 

nr Plilmsteadvillc or wherever the price is to your ad- as I read the amendment, it simply states that "Every 

r nntagc. 

prescription blank shall contain an entry permitting por- 

Mr. RYAN Does your amendment provide for control tability of the prescription by which the pharmacist can 

so that the original pharmacy must mark on the prescrin- indicate an individual dispensing, but which permits the 

tion how many times it has been filled? 

consumer to have any of the o!her permissible number 

Mr. WILSON. That is affirmative. The original phar- of refills filled at another pharmacy to suit his convemacy 

must in fact 2nd each successive pharmacy must so nirnce or choice." What I do not see on your amendment 

note on that presrription that they have filled it one time is any requirement that any of these pharmacies take note 

and thcre are rcmaining so many times to fill this pre- r.f the dnctor wh? prelicrihed what I am going to call a 

scription as prescribed by the physician. So you cannot dangerous drug now or a controlled substance. I do not 

cxceed it. Yon rannot flaunt the law and get 10 when see any controls that would permit a law-enforcement 

in fact yo11 arr on!? entitled to three. 

agency who is checking out a drugstore or a pharmacy, I 

Mr. RYAN. All right. The answer to the first inquiry See nothing in here, that will aid them in determining 

is satisfactory to me and I am happy to hear that it has whether or not a prescription ever did exist. w here is 

bcrn tnkrn care of. 

no notation required of the doctor's name. 

My second qceslion deals with the law-enforcemt-nt 

Mr. WILSON. I believe you will find that in current 

aswcts of running the pharmacy. In other words, as I 

law' 

~:n.lcrstand the operation-and I do not confess to havin!: Mr. RYAN. Well I understand that. 

;I gre3t deal of knowledge in this area. but as I under- Mr. WILSON. 1 du not need it in the amendment, Mr. 

stand it-the narcotics agents or the Drug Enforcement Speaker, because it is currently in law that he has to 

Bureau will come into a pharmacy and check prescrip- make these recordinxs of the physician and all of this 

tions against the drugs that have been sold. What pro- other material that you speak of. 

tection does a pharmacist have who has given hack the M~. RYAN. BU~, i\lr. speakcr, as I understand the 

original doctor's prescription to his client? 

lsw-and I would be glad to be corrected if I am wrong- 

Mr. WILSON. It is very easy. Each succeeding phar- the pharmacy proves it by having the prescription with 

macist who has filled this prescription to its first and I the cloctor's signature on it.


I have represented defendants in criminal cases where 

they have given a bad prescription. They have obtained 

drugs by using a phony prescription blank and forged 

the doctor's signature to it, and this is how they were 

proven guilty because the pharmacy had that prescription 

blank with the doctor's name and signature. 

Now, in this rasc I do not see thnt any of these drug- 

storc-. .nould have this. 

Mr. WILSON. Each pharmacist would make a record 

of the pr~scription being offered to him. 

Mr. RYAN. But there is no requirement, is my prob- 

lem. 

Mr. WILSON. This is simply in the current law. That 

is current law. Read the current law and you will find 

that it is there. 

Mr. RYAN. But the point I am trying to make is that, 

as I understand the current law, the current law requires 

that they keep the original prescription. Your amend- 

ment would permit that original prescription to go out 

of the hands of thc original pharmacy, and it is at that 

point that the drug and narcotic agents wollld havs no 

way of checking whether or not that drugstore has cx- 

ceeded its rig!its. It woiild have no way of telling wheth- 

er ihcy wcre dispensingmedicine and just making nota- 

tions that they filled the prescription and that it was a 

portable one that they gave back to the customer. 

Mr. WILSON. I assume that is a question. In answer 

to your point, not really your question, is that they still 

have to make a record according to current law, not 

amended by my offering here. They still have to make 

a record of the prescription offered and filled by that 

pharmacy as to the physician, time, date, number of re- 

fills, and the type of drug and the quantity thereof. 

June 8, 

My comment is related and unrelated to the amendment. 

The SPEAKER. Would the lady confine her remarks 

to the question before the House, which is the amendment 

ofLered by the gentleman. Mr. Wilson? 

Mrs. FATVCETT. Well, maybe it wollld be helpfnl. 

I have ridden in eighth grade schoolbuses that were 

more quiet than this House. 

The SPEAKER. I quite agree. 

Mrs. FAWCETT. And I thought lhat way a pretty horrendous 

experience. 

Mr. Speaker, I would like to ro~nmcnt furthrr on the 

remarks of Mr. Ryan on the nnrcotic-control problem. 

It seems to me that we have s~~fficient nrnhlrms now 

in managing control of dan,?ero~rs drugs. 

Mr. Speaker, would the jientleman, Mr. Wilson, consent 


The SPEAKER. Would the eentleman. Mr. Wilson. 

consent to interrogation? 

Mr. WILSON. I shall, Mr. Speaker. 

The SPEAKER. The lady will proce~d. 

Mrs. FAWCETT. Mr. Speaker, do you believe that it 

woilld be possible for patients to spread these prescriptions 

about a community or several communities and obtain 

dangerous drugs illegally with this method? 

Mr. WILSON. 

question, right? 

I assume that you are asking me a 

Mrs. FAWCETT. Yes. 

Mr. WILSON. Yes, just the same as they can hold up 

the pharmacy and steal it. If you want to be a crook, 

you can be a crook. 

Mrs. FAWCETT. 

theft be easier? 

Then are you recommending that 

Mr. WILSON. No. 1E thev do not !rave bars on lhr 

The SPEAKER. The Chair recognizes the g~ntleman, 

pharmacy, they can rob it very easily. 

Mrs. FATVCETT. 

Mr. Ryan. 

I beiieve that it is possible for them 

to get on a phone and call several pharmacies and find 

Mr. RYAN. Mr. I think the intent Of the out their cost without distributing the prcrcriptions all 

amendment is However, I have serious 

over a community. I, thcreiore, apprise this nn:endment. 

reservations that it is workable as applied to the current 

enforcement nroblems of the Commonwealth and the Fed- The SPEAKER. The Chair recognizes - the gentleman 

era1 bureaus. Mr. Speaker, again, I think the purpose of from Indiana, Mr. Shane. 

the amendment is commendable. I endorse the idea. I Mr. SHANE. Mr. Speaker, I would like to amplify 

do not believe however that the amendment as drawn slizhlly what had been said by thc previoiis two speakers 

goes far enough. If it required the pharmacy to have because I believe that this is an exceedingly dangerous 

a Xerox copy for their records and then return the amendment. 

original, or the doctor who is making the prescription On the surface, the amendment appears to simply procould 

use a series, a set of prescriptions, perhaps that if vide another step in favor of the consumer, but I think 

a prescription could be renewed three times by using a the problems of dru: abuse that the amendment cr~ntes 

set so there was an original and two or three copies, the are much grrater than the step it takes in favor or the 

various drug-enforcement agencies would then have consumer. 

available when they inspect a pharmacy, the records that Since one of the favorite ploys in drug abuse in this 

thcy are required to loclc Cor today to make sure that nation is people going around to various drugstores and 

there is no abuse of the existing drug laws. 

using a prescription far in excess of what the originnl 

Usless so~ncone is able to point out that I am com- doctor intended, including the forgery of the original prepletely 

inaccurate on it, then I would recommend that scription slip, the fact that a paiient goes to one parthis 

amendment be defeated and I would be happy to ticular pharmacy can, to some estent-not perlectly, but 

cosponsor or support any amendment that would lake to some extent-minimiie this abuse. Forqery is a 

care of these problems that are raised in my mind. severe problem in the prescription area, particularly when 

you are dealing with drugs lilt*? morphine ~nd cocaine 

The SPEAKER. The Chair recognizes the lady from that have those ingredients in them. 

Montgomery, Mrs. Fawcett. 

I would simqlv suzgest as an alternative to Mr. IT%!- 

Mrs. FAWCETT. Mr. Speaker, I am going to ask to son's ~mendment, something from my own pcrsonal exmake 

a comment. Then I would like to interr0gai.e Mr. perience. I take a prescription drug and I used to bug 

Wilson? 

it from a local drugstore at $9 per hundred tablets and I


discovered that I could get them at another drugstore can get the best prescription for the lowest dollar. That 

for SG pur hundrcd tablets, and I simply wrnt back to my is really what it is all about. Do you really want to help 

doctor and hc wrote n prescription to that particular these people buy their drugs chcapcr? And I Suggest if 

pharmacy tlhzt charged the lesser pricc. This deals with that is what yon want to do, you would offer the choice 

Mr. Ryan's problem of the sccnnd drugqtorc thus having of portability. 

the original ~rescrintion sli~. . . namely, the second slill Thank yon, Mr. Spezker. 

that the doctor wrote. Therefore, the enforcement 

I On thr question recurring, 

problem is dealt with as much as we can deal with it. 

Will thc House agree to the amendmf:nt? 

The consumer prohlem raised by Mr. Wilson is also - 

dealt with in that a customer can simply shop around via The yeas and ;lays \vere required by Mr. WILSON and 

the telephone, as was suggested by Mrs. Fawcett, and find Mrs. TOLL and were as follows: 

the cheaper pharmacy and then get a re-issued prescription 

from the doctor and thus we avoid some of the 

YEAS4 

forgery problems and drug abuse problems that I sin- Hutchlnson, 

cerely believe are inherent in Mr. Wilson's amendment. 

Perd wiwel 

Sincr. T believe thc amendment is malformed and NAYS-194 

dnngcrous, I urge the me-nhcrs to votr against it. 

Abraham 

:fleClatehy Salvatore 

An5am. J. H. 

McCue 

Schenffer 

The SPEAKER. The Chair recognizes the gentlrman Am- 

McGlnnis Sehmltt 

Trnm Mi;ntgomcry, Mr. Yohn. 

9mb.I 

MeIntyre sehwedu 

Rellomln( 

McLane Selllea 

RZr. YOTTN. Mr. Speaker, I would urge the membr.1.r ne~,~en 

Mphus 

Seltzer 

to rcad the, amendment very careRilly. I think that it "- 

Menhorn Shane 

Berlin 

Milanovbh shelhamtr 

was distrih~~ted some time azo and it was difficult on mir uenon 

Miller. M. E. Shelton 

side oi the aisle nt least to find a copy of the amend- uinle 

ATiller, M. E., sr. Shuman 

Bradley 

Miluron Shupdk 

ment. But the amendment is very short. It does not ~ ~ ~ ~ d t MiSCrvfCh strlmni 

contain the protections that Mr. VJilsnn would like lo Srunner 

Morhlrnann Smith. E. 

YUTM 

Gllng 

Mords smltli. L. 

have in it that he has stntcd arc in it. The 1:nguage of nutma 

Halverson Mullen. M. P. Spencer 

the amendment does not contain those protections. I Ca~eto Hamilton. J. H. Mullrn 

s-1 

think that those pr:'lccticns ar.e nhroh~tely necessary for 

Hammoc* Mua40 

Stapleton 

~ ~ ~ ~ u l H~~BY I l 

Mrkonlc stout 

us to consider this type of n prop:~snl and, until they are Cimlni 

Harkell Myera 

Taddonio 

in the am~ndment, I would sugzest that the amendment 

Haye. n. S. Novalc 

Taylor 

$:km 

Haye., S. E. Noye 

Thomas 

he defc>,tcr!. Thank you. 

Cowtu 

H-pford O'Brten Toll 

Crawford Hill 

O'Co~ell Re110 

The SPEAKER. The Chair recognizes the gentleman Cumberland Hopkins O'Donnell Turner 

DBv~u 

Hutchinson. W. O'Krefc 

Irdm Bucks, Mr. Wilson. 

UstynosLl 

~e~edio rmi. 

Oliver 

ValIcenU 

Mr. WILSON. Mr. Speaker, just a minor rebuttal to 

ltkin 

Pancoast Vrmn 

;%a,", .rohnson. 3. Parker. H. S. Wnener 

thc cppoi~cnts of my amendment. 

Dicarlo Kelly, A. P. Perry warn. T. P. 

I would sl:g$r.st that the genticman. Mr. Ryan, and 

Kelly, J. B. Petruree w&m 

;,'Lna* 

Kern& Pievsky Wargo 

,-!.her.; renii the hiil itself. Pace 10, line 3, says and T n:nj,a 

Kistler 

Pit* 

W d k 

slate: 

nrrnimrabl Klingvrnan Polite 

Westerberg 

Dorr 

Knepper Pratt 

Whclan 

THE STAT": BOARD OF PFTARMACY SHALL 

Kowalpshyn Prendergart wiggins 

2dEelbb K31111 

Pyln 

Williams 

FIAVF, TI!:: POWER AND ITS DUTY SHALT, Dumas 

LaMarc* Rappapor+ Wllt, R. W. 

BF: TO: 

Eekensbcrge Laudndio llavenstahl wui W. w. 

Enzlehart I.auehlin Reed 

W0jdSk 

(1) ADILI!N!STER AND ENFORCE TIIF: PRO- Pswcen 

Remlnger 

VlSiONS OF THIS ACT. 

Fee 

Renwck 

Fischer 

modes 

(2) ADOFT NECESSARY REGULATIONS CON- rfsker 

Hiehrlrdson 

SISTENT WITH TlIIS ACT. 

P'laherhr 1Jncoln Rieger 

Foster. A. Logue 

Rltter 

Lynch 

R031 zi% w. Mandertno Ruggiero 

@Tyer 

Mnnmllls Ryan 

Gnllagher McCaII Saloom 

I would suggest that that would set the number of 

copies anrl who is going to h;ve a copy and so forth and 

SO on. 

We have talked about abuse, and the gentleman, Mr. 

Shaoe, has talked about going hack to his doctor, and ? 

sc,pposi. he is going to pay the doctor another $10 or 

$15 tor znother prescription so that he can go out and 

~ave $2 on the prescription itself. 

Enforcement of this nmendmrnt is no more difficult 

than enforcement of the current law or enforcement of 

this particular proposal, I-Iouse bill No. 473. If we c2re 

to enforre il. if we care to make the law stand and he 

tight and be regulated, we can do it. If we do not care 

tn. we do not have to. 

NOT VOTING-5 

gz&: Koltcr PAeGraw 

So the question was determined in 

was not agreed 

Ymer 

the negative 

1 suggest that if we arc going to save thc consumer 'The SPEAICER. This bill has been considered on three 

.one money, we can put this portability amendment in diiferent days and agreed to and is now on final passage. 

there. the proh!ems will be taken care of and the people The question is. Shall the bill pass finally? 

and 


the House agree lo the bill as on third 


Bill as amended was agreed to.


The Chair recognizes the gentleman from Montgomery, 

Mr. Polite. 

Mr. POLITE. I rise to oppose House hill No. 473. 

I believe that this piece of legislation which would permit 

pharmacists to substitute generic drugs for brand-nam? 

prescription drugs could he extremely detrimental to 

the people of this Commonwealth. 

In the first place, I believe that the doctor aftpr years 

of intensive instruction and experience, knows what drue 

will best aid his patient. The physician is the hest judge 

of the patient's needs as he knows thc person's medical 

history and how he will react to certain drugs. 

My mother who lived to be 87 years old suffered from 

arthritis in her late years. The doctor had to trv Pevera1 

types of medicines hefore he found the correct drlir. 

I wonder if, under the prnposal before the House, this 

type of experimentation would he able to exist. 

Also, I oppose this bill due to its impact on the 

economy. Although some have said that House hill No. 

473 will save Pennsylvanians money, I believe the individual's 

savings will he minimal and will cost our citi- 

~ ~ 

xens jobs. 

The health industry opposes this bill for this reason. 

They are saying, and I agree with them, that this 

proposal will pressure physicians and pharmacists into 

using cheap substitutes from firms, many in states other 

than Pennsylvania and from a board that does not invest 

in jobs and our state's future and whose products are 

produced with minimal staff and minimal standards. 

Today the pharmaceiitical industry employs 14,000 in 

ollr state. carries out research in of $94 mil- 

lion and over 824 million in tau dollar4, 

direct!y and through employes8 withholdings It, there. 

fore, makes no sense to pass legislation that will save the 

consumer very little, if anything, and risk the loss of 

jobs so desperately needed in Pennsylvania. Because of 

the of the job loss and the detrimental erfect 

it could have on the health of our citizens, Speaker, 

I oppose this hill. 


Philadelphia, Mrs. Toll. 

Mrs. TOLL. Mr. Speaker, today in considering the 

generic drug hill, we have the opportunity to join 14 

other states which already have eeneric drug laws, by 

enacting one of tile most progressive health-ccre lzws af 

this decade. 

Under the Pharmacy Code of Pennsylvania, a pharma- 

cist must dispense a przscription as written and may not 

make any substitutions. This legislation would give thc 

consumer paticnt a freedom of choice with the apprnval 

of his or her doctor as to whether or not to choose the 

lower-costing generic drug, Undcr the provisions of this 

hill, a pharmacist could substitute an equivalent drug 

from a list of ~quivnlent drugs compilcd by the Secre- 

tary of Health when the consumer so requests, unless the 

physician has indicated on the prescription hlanlr, do not 

substitute. 

What is a generic drug? When the drug is approved 

for sale by the Federal Drug Administration, it is at that 

time given an official name also known as a generic 

name. But at the same time, thp new dr~7.g is also given 

a brand name or proprietary name by its manufacturer, 

and it is by this name that the drug is advertised. 

New drugs and thc processes by which they are manu- 

factured are protected for 17 years under the United 

States patent law. After the 17-year period, however, 

any drug manufacturer is free to manulacture and mar- 

ket the drug hut he may not use the hrand name. 

Until several years ago the American Medics1 Associa- 

tion favored the use of generic names instead of hrand 

names. But when a physician has prescribed a drug by 

its hrand name for 17 years and that drug is then 

manufactured by several companies at much lower prices. 

th? physician continues to prescribe by the hrand name 

through force of habit, and thus the patient has to pay 

t h ~ higher cost. 

One of the most frequently used arguments in the 

discussion of generic versus brand-name drugs is that 

tlie public must he protected from using drugs made by 

so-called "schlocii" manufacturers. This term is used to 

infer that firms manufacturing generic drugs are in- 

ferior and produce low-quality products. That just is 

not so. 

A united states senator has stated that as the nnm- 

I,,, ,I drug substances increase and as exuensF involved 

in maintaining manufacturing facilities for full line of 

drugs rises, more and more manufact,Jrers, large and 

small, and drug arc 

selling to each other and using their own labels, So 

that of the highEr priced drugs are 

mnnl,factured by the manufacturers and the 

never really lrnows who is making his 

drugs. 

Yo11 should have on your desks a list of maniifacturcr 

disclnsure information which was supposed to have heen 

distributed earlier today. If you look on page 1, the drug, 

chloral hydrate, is manufactured for nine different dis- 

tributors hy the one manufactnrer, R. P. Scherer Manu- 

facturing. There arc many namrs used. The 

trade name or the name is the others are 

the generic names and, in two instances, a name which 

the company has designated. The price ranges from 

31.91 for a hundred down to a low of 51.60. 

I want to give yon another example. If I went to my 

pharmacist for a prescription for Miltown-and I think 

many of us could use it right now-this is a widely 

advertised and commonly used tranquilizer and its gen- 

eric name is "meprobamate," my pharmacist would have 

dispensed to me this container labeled ~iltown. His 

wholesale cost for this drug would have heen $6.50 for 

100. The manufacturer of Miltown is a drug manu- 

facturer called, believe it or not, Carter Wallace. '!hey 

did not get that one. Carter IVallace was the originator 

of meprobamate and they were ahle to be the only manu- 

fncturcrs of that particular drug for 17 years. But now 

that the 17 years have passed, other companies are now 

manufacturing it under its generic name or othcr nninii, 

For instance, Wyeth manufactures meprobamate under 

the name of Equanil. They manufacture and distribute 

it. The cost for that is $7.06 per hundred. It is manil- 

factured also by Zenith for two different distributors. 

One manufacturer manufactures it for a distributor by 

the name of Columbia for $.I9 a hundred and manufac- 

tures it also for a distributor by the name of Stayner and 

the price is $2.45. An interesting thing is that an ex- 

treme!~ well-known, reputable manufacturer, Smith- 

Kline 8: French. also manufactures meprobamate under 

the name of SIC-Bamate, $1.25 for 100.


Did you also know that when the President of the 

United States or a Senator or Congressman or any other 

high government oificial is a patient at thc Bethesdn 

Naval Hospital or Walter Reed Hospital that they are 

treated with eneric drugs? And did you know that 

patients in Veterans Hospitals are treated with eenerir 

drugs? And also that the majority of hospitals treat 

their patients with generic drugs'! Why dcny others? 

Statistics show that although drug companies claim 

they spend lots of money on research and development of 

new drugs, they also spend a great deal of money on 

advertising. Last year they spent over $1 billion on 

advertising. 

If Pennsvlvania had a generic drug hill. mill~rins of 

dolliirs could he saved by all of us. A rccent cost 

analysis ui just three of the drugs dispensed in ane year 

for prescriptions which were reimbursed hy the Dcpart- 

rnent of Wclfare shows a savings of $728,958.00 could 

have heen effected had generic drugs hem disprnscd. 

Add to this approximately 30 other drug entilies whi-h 

2.rc involved and you have savings in the millions. 

Cgnsider also the millions of dollars that would br. 

saved by third-party payers such as the state employes, 

tcachers unions, and the Steel Workers Union and thr 

public in general, if this generic drug hill hecomes law. 

The Action Alliance of Senior Citi~ens has stated thnl 

the high cost of medicine is a bitter pill to swallow. I 

ssy, let us make that pill a lot easier to swallow by 

,)assing House bill No. 473. Thank you. 

The SI'EAKER. Thc Chair recognizes the gentleman 

from Bucks, Mr. Wright. 

Mr. WRIGHT. Thank you, Mr. Speaker. 

I have heun interested for many hours today as to thc 

source of this document that was placed on our desks 

titled, Manufacturer's Disclosure Information. I am 

plcased that Mrs. Toll has explained that she has placed 

it them Sut I am somewhat concerned about the pro- 

icssional accuracy oi the information contained thcrcon. 

I am wondering if Mrs. Toll would be so kind ;IS to 

explain to us the source of the cost that shows up on 

these sheets. Are these wholesale costs? Are they retail 

costs? 

Mrs. TOLL. They are wholesale costs. 

Mr. WRIGHT. Are they wholesale costs to retailers? 

Are th?y wholesale costs to hospitals? 

1Mrs. TOLL. To anyone who uses them. In other 

words, I arn quoting only wholesale costs. 

Mr. WRIGHT. Do you mean to the local corner drug- 

store? 

Ibirs. TOLL. If he has need to purchase them. 

Mr. WRIGHT. I would suggest there are probably 

varyinq prices dcpending upon the volutne bought, de- 

pcndlng npc,n the size of the rlrugstore, depending upon 

the sizc ol the hospital which is purchasing the product. 

Mrs. TOLL. I did not hear your question. 

Mr. WRIGHT. The small volunle drugstore is proha- 

bly nct paying the same fee at a wholesale level as the 

large volume hospital is paying? 

Mrs. TOLL. This is the average wholesale cost. 

Mr. WRIGHT. And would you tell me the soi~scc of 

your information. 

Mrs. TOLL. I havc had several leaflets giving me 

information. One of them was from the Arkansas Phar- 

mzcist. They have a generic drug law. 

- 

Mr. WRIGHT. Okay. 

Changing the subject slightly, when we compare one 

generic with another, there is no question in my mind 

wh?n you talk ahout chemical composition, but how 

about the hinders and the coatings, are they equivalent 

too? 

Mrs. TOLL. That I cannot answer. I am uiily going 

by the information I have as to the manuiaciurers and 

distributors and the cost comparison. 

Mr. WRIGHT. Thank you. 


whip. 

Mr. KYAN. Mr. Speaker, would Mrs. Toll consent tu 

interrogation? 

The SPEAKER. Will the lady, Mrs. Toll, consent to 

turther interrogation? 

Mrs. TOLL. Yes, I would, ills. Speaker. 

The SI'EAKER. The gentleman may proceed. 

Mr. KYAN. Mr. Speaker, would the lady he kind 

enough to explain the procedure whereby a doctor does 

or does not give permission to substitute the drugs? 

Mrs. TOLL. Under thc provisions of this hill, the 

prescription blank would havc two notations on it: Snb- 

stitolion May Be Permitted. Do Not Substitute. 

In addition to signing the prescription as he normally 

does, he would have to initial the statement which would 

be applicable to him. 

Mr. RYAN. Would the lady advise this House what 

would happen if a physiri;in neglected to initial a box? 

Mrs. TOLL. The pharmacist would have to call the 

physician, as he now does, if there is an omission on 

the blank. 

Nr. RYAN. Now, I believe the lady is referring to 

sc'ction 5, lines 15 through 19 of the bill, which describes 

that: "Every prescription blank shall he imprinted with 

the words 'substitution permissible' and 'do not suhsti- 

lute' . . . ." 

Mr. Speaker, I have finished with my interrogation. 

i would like to make a statement. 

The SPEARER. The gentleman is in order and may 

proceed. 

Mr. RYAN. It may very well he, lllr. Speaker, that 

Mrs. Toll will want to respond to it, but I am finished 

with interrogation. 

The part that concerns me, Mr. Speaker, is that I think 

once again, in the hope and in the interest of protecting 

the consumers' pocketbooks, we may he doing a greater 

disservice to the consumer by perhaps permitting thuir 

most cherished treasure, their bodies, to be violated, ilr 

a sense. 

Now as 1 read this hill, lines 19 through 30 of page 9 

and the first couple of lines on page 10, it would appear 

to rile that if the physician does not say anything about 

suhstitntion, if he fails to say that the pharmacy may 

substitute or if he fails to say or notate that it cannot 

be substituted, then the pharmacist is fr~rced to suhsti- 

tute regardless of any instructions from the physician, 

if a suhstitution would result in a dollar saving-hy a 

dollar, I mean any money saving-to the eonsumel.. 

That consumer saving must be passed on. 

Niiiv that is as I read the bill. I take that from line 

19, and I would ask the House to pay some attention to 

it because I honestly did not pay any attentiori to this

5150 LEGISLATIVE JOURNAL--HOUSE June 8, 

bill myself until a couple of minutes ago. I thought I 

understood it when it was explained, but when you start 

to read it, you start to wonder. 

On line 19, it says: 

Notwithstanding any other law, unless the 

physician or other authorized prescriber explicity 

states that there shall be no substit~ltiun when 

transmiiting an oral prescription or, in the case 

of a written orescriotion. indicates that therp ~-~ shall 

be no s1:bstitution by initialing the prescription 

blank next to 'Do Not Substitute,' a different 

brand name or a nouhrand name drug product 

of the same established name shall be disnensed 

. . . 

~~ . 

So a doctor writes the name of a drug but he fails 

to state on there that it is not to be suhstituted or suh- 

stitution permitted, and just because he fails to do it. 

the druggist is constrained, he is forced, to make a sub- 

stitution if it represents a nickle savings. 

Continuing on with the bill: ". . . shall be dispenstld 

by a pharmacist if such different brand-name or non- 

hrand-name drug product shall reflect a lower cost to 

the consumer . . . ." and then it goes on. 

What this bill does with regard to substitution, Mr. 

Speaker, is it is suhstituting the pharmacist for the doc- 

tor, as I read it. In other words, the doctor prescribes a 

name brand. He lrnows what he wants. If he does not 

mark "Do Nnt Substitl~te," and thct is really all that has 

to be on that blank, what is the sense of putting "Sub- 

stitute Permitted" because that does not mean anything? 

It is always permitted if it represents a snving. This 

druggist is forced under the terms of this act to subsli- 

tute the prescribed drug, if it represents a niclrlc saving 

to the consumer. This bothers me. 

I have had personal experience where a druggist, with- 

out permission, has substituted one drug for another drug 

Both the doctor whorn I tallied to, our doctor, and thc 

druggist agree that the drugs basically were the same. 

However, there was an allergy factor with one of my 

children and it had a had effect on this ane child of 

mine where basically the same drug was substituted, 1 

am concerned that here in the interest of saving 5 cents 

or $2 or $3, or whatever the case may be, and I do not 

look upon that lightly, I am concerned with the language 

of this section that says that the pharmacist shall substi- 

tute. He shall substitute. Not that he may, but he shall 

substitute unless there are instructions to the contrary 

if it represents a 5-cent saving. 

I would guess, Mr. Speaker, that most doctors. when 

they pick up a telephone and call in a prescription to a 

drugstore in an cmergency-type situation, probably will 

not make a notation that you may or may not substitute. 

The druggist is not required to check back with the 

doctor to see if he is permitted to substitute. The drug- 

gist is forced to substitrite, if the suhstitutcd drug amounts 

to some small saving to the consumer. Just think about 

what I have said. Thc druggist is forced to substltutc for 

your doctor's judgment if it will mean a 5-cent saving 

to the consumer, unless he has explicitly marked in that 

bax that a substitution is not permitted. 

I say to you that you are going to find a good deal 

of this going on. You are going to find your drng com- 

panies, the very thing that I think Mrs. Toll is trying to 

avoid, your marginal-type operators selling a little cheap- 

er to the drugstores where the drugstores can make a 

little bit more profit by selling it a little less than the 

name brands because that druggist is going to have not 

only the right but the duty, the obligation, to force a 

change just to save a couple of dollars or even a couple of 

cents. It is for this rcason, Mr. Speaker, that I oppose 

the bill. 


from Indiana, Mr. Shane. 

Mr. SHANE. Will the gentleman, Mr. Ryan, consent 


The SPEAKER. Will the gentleman, Mr. Ryan, con- 


Mr. RYAN. Yes, Mr. Speaker. 

The SPEAICER, The gentleman may proceed, 

SHANE, m, Spealrer, the on page 

8, line 20- 

&, RYAN, I never that so you had tell me 

exactly where to look. 

SIIANE. It says: 

"Equivalent Drug" shall refer to a drug listed 

by the Federal Food and Drug Administration 

or successor organization as biologically equiva- 

lent and equally biolngically available to other 

listed drugs. 

I just want. to ask you if the prescription involved ill 

your family inrident, do you recall, was considered to 

be an eqllivalcnt drug at the time? 

Mr. RYAN. Thr! o!dy thinn I Icnolv about it, Mr. 

Speaker, as I explained to you earlier when we were talk- 

ins off the record and I told you of this experience, is 

that both the doctor and the pharmacist agreed that 

what was substituted was what I would consider an 

equal substitute under this bill. Neithcr one of them 

was unduly alarmed at the substitute, esccpt the doc- 

tor at a later date, when we realized that thrre was an 

allergy problem as a result-which we giiessed was calls- 

rd hy this substitiltion. It was never really pinnointed- 

the doctor was very alarmed and very annoyed that the 

druggist on his own-and I realize that that would not 

be the problem under this bill-used his discretion to 

substitute a narne-brand item that had been prescribed 

by my doctor for a member of my family. The druggist 

on his own made a substitute. 

I say to you, although he did that on- against the 

existing law, I say to you that a druggist given the ri~ht 

to substitute under the law can do the same thing again 

and again. For my money, I would rather put my trust 

in my doctor who told my druggist what to prescribe for 

my family. I am not going to leave it up to a druggist to 

make that decision. 

Mr. SHANE. 1 am simply responding to the gentle- 

man's description of his family's troubles and it appears 

to me that there are at the very least two factual diu- 

tinctions: One, we do not know whether the drug sub- 

stituted fits the definition of an equivalent drug which 

we have in the bill. And point number two, the pharma- 

cist in this situation apparently used his own initiative 

wherein the substitution resulted and we did not even 

have the precautions that we have in the bill, such as 

they are according to your opinion. So that it was the 

druggist who exercised his initiative.


act is not liahle in any law suit for his actions. That is step further. Suppose a doctor, as it says on page 9, 

another thing that, as an attorney representing con- checks the box that says, "Substitution Permissible."? 

sumers, hothers me. I am curious as to why that is put Mr. SIIANE. But you will note that on page 10 he says 

in there. For the sake of the consumer, Mr. Speaker? the critical words, as I read the words on that page, "at 

I have no further questions. 

the consumer's direction." I guess if I was a sharp negligence 

lawyer, the matter of the mandatory suhstitution 

The SPEAKER pro tempore. The Chair recognizes the 

that Mr. Ryan raised wo~~ld be a situation that might not 

gentlernan from Indiana, Mr. Shane. 

he considered "at the consumer's direction." Therefore, 

Mr. SHANE. Just a brief point in rebuttal: If the 

you would pierce the immunity that the statute purports 

doctor is really serious and has a good reason for not to give. What is your judgment on that, sir? 

wanting a generic drug substituted for a brand-name 

Mr. McCLATCHY. What you are saying then is, iI 

drug that he prescribes, all he has to do is initial the 

something goes wrong with that drug that is substituted. 

appropriate column and that takes care of it. 

if it has an adverse reaction on the patient or the con- 

So I say, let us vote for this hill which is going to do 

sumer, and he, because of his asking for the substitution, 

a lot for o~ur consumers, particularly the senior citizens 

would not be able to hold anyone liable. Is that correct? 

whose drug costs are the highest and their income is the 

Mr. SHANE. But if there is some kind of automatic 

lowest. 

suhstitution, it appears to me that this waiver or this 

The SPEAKER pro tempore. The Chair recognizes the insularity in section 7 is not airtight, and a sharp neglilady 

from Chester, Mrs. Crawford. 

gence lawyer would pierce that with no trouble. But, 

Mrs. CRAWFORD. Mr. Speaker, I will yield to the again, you are getting a top-of-the-head reaction from 

gentleman from Montgomery, Mr. McClatchy. 

me because I am not a member of the committee and I 

do not know how or what the discussion was surro~~nding 

The SPEAKER pro tempore. The Chair recognizes the these amendments. 

gentleman from Montgomery, Mr. McClatchy. 

Mr. McCLATCHY. There was some discussion, hut I 

Mr. McCLATCIIY. Thank you, Mr. Speaker. do not think we got into a very legalized argument about 

Would Mr. Shanc consent to interrogation, please? the real answer. No one ever really came up with the 

The SPEAKER pro tempore. Will the gentleman from answer, 

Indiana, Mr. Shane, consent to interrogation? 

Mr. SHANE. They tell me that a good lawyer on 

Mr. SHANE. Yes, Mr. Speaker. 

cross-examination knows the answer to every question 

The SPEAKER pro tempore. The gentleman may pro- 

ceed. 

Mr. McCLATCHY. Mr. Speaker, I am concerned about 

the liability for the malpractice problem under this legis- 

lation. 

Just follow me a little bit here. I see here- 

Mr. SHANE. Will the gentleman yield for a second? 

Mr. McCLATCHY. Yes. 

Mr. SHANE. First of all, I am not a member of the 

Health and Welfare Committee. I am vitally interestcd 

in this bill just from a personal interest and from an 

interest of people whom I see spending a lot of money on 

prescription drugs. I was not privy to the writing on the 

amending of this bill. I would prefer for the moment 

to yield to somebody on this subject who is more 

knowledgeable than I. 

Mr. McCLATCHY. Mr. Speaker, you are a lawyer. 

You have spoken for the hill. I think that your insight 

might be a little hit better than some of ours in the 

Health and Welfare Committee. It is not an interroga- 

that he asks, ~ ~ you do. ~ ~ ~ 

Mr. McCLATCHY. I do not know the answer and that 

is why I asked the question. 

Mr. SI-IANE. Are you still a member of the Health 

and Welfare Committee? 

Mr. McCLATCHY. 

Committee. 

I am on the Health and Welfare 

I Mr. SHANE. Did vou miss a meeting? 

Mr. McCLATCHY. -No, I was there. iposed the question 

hut nobody answered it. 

Mr. SHANE. Why do you not share this abundant 

knowledge that you apparently have on the subject for 

the enlightenment of your colleagues? 

Mr. McCLATCHY. That is what I am trying to do. 

And as I understand- 

Mr. SHANE. Well, why use me as a Charlie McCarthy? 

Why do you not just tell us? 

The SPEAKER pro tempore. Will the gentleman 

please suspend? I suggest that the comments are not 

germane to the issue and that we should get back on 

t"l"k . - -. -. 

tion that is trying to he disruptive. I sincerely am trying . 

to get your opinion as a lawyer about the malpractice 

I 

Mr. McCLATCHY. Mr. Speaker, all I am askin? is, 

problem that might be created by this legislation. 

If you who would be in the case ii there is a drug substi. 

follow me carefully, maybe you could answer it. tution and the doctor checks the box, "Substitution Per- 

Now on page 10, section 7, we have already agreed that missible"? That is my only question. I do not know thc 

no pharmacist, if he operates under this bill, can be held answer, and if Mr. Shane cannot answer it, maybe hlr. 

liable. Is that correct? 

Stahl can answer it. 

Mr. SHANE. Yes. It says: "No pharmacist complying 

with the provisions of this act shall be liable in any way 

for the dispensing of an equivalent drug at the consumer's 

direction." 

~ r SHANE. . The hypothetical question is the doctor's 

initialed "~~h~titution permissible" and the pharmacist 

substituted, and the consumer got ill and was damaged in 

some way and he is suing for negligence. Is that what 

I would suspect that the words "at the consumer's you are suggesting? 

direction" would merely then make this sentence a restatement 

of tort law. 

Mr. MCCLATCHY. That is exactly right. Wllo would 

he sue for negligence? 

Mr. McCLATCHY. Well, I would like to go back one The SPEAKER pro tempore. Does the gentleman wish

~- ~ 

-- ~ 


to yield to Mr. DiCarlo who seems to indicate that he1 precisely, we cannot, without good standards, 

will answer some of these questions for us? 

communicate to the regulated drug industry the 

The Chair recognizes the gentleman from Erie, Mr. 

T,:P--I- 

U,L.%L.". 

i\l;.. DiCARLO. Yes, Mr. Speaker. When this issue 

conditions that this industry must meet in order 

to market drugs that live up to their therapeutic 

expectations. 

was discussed with the Ilcalth and Welfare Committee, Mr. Speaker, I am getting laryngitis. 

two points were brought up. First of all, if the drug is a This is a rcry technical subject, and I understand the 

biocquivalent drug and the pharmacist has the right of impatience of the membcrs 01 the House, but it is also 

substitution, he will not he held for negligence, hecause a very Important onc fur the quality of health carc as 

he \ro:l!d bz wilhin the scope 0: the law. The only indi- well us the protection of the consumer in the Commonviduals 

who may be liable for suit would be perhaps the wen!th of Pciinsylvania. 

physician, bscause he may have written for a wrollg drl~,q Tile OlIice af Technology Assessment, U. S. Congress, 

that was administered to the patient, or, ultim:~tely, t!: stated: 

drug company itsclf which manufactured the drug and 

indeed perhaps in its research or something was not 

aware of zny cheiiii!:ni reactions that could occur within 

a natient. 

Current standards end regulatory prnctices do 

aisure binequivalence for drug products . . , , 

The pro!,lem of bioequivalency- 

Mr. ?,CcCLATCII'I. Thmk you, Mr. Speaker. I remember, this is stated in this act-- 

Thc SI'I!XKF,R pro tempore. The Chair recognizrs the 

lady from Chcster. Mrs. Crawford. 

Mrs. CltAVVFORD. Mr. Speaker, I have been conccm- 

ed about hr,alt:i care ever since I came to this legislature 

in 1969. I am opposed to this legislation because, al- 

though the intent 01 it is laudable, and that is, to save 

money for the consumer, the patient-consumer, I con- 

tend that this can be done already without law. 

, , , the proposal of House ill N ~ 473 , to create 

a Drug Utilization IZeview Council with responsibility 

for preparing a list of interchangeable drug 

products cannot now or lor some considerable 

time function for lack of scientific data necded to 

make the rerrnired decisions. in the present state 

of our limited knowledge not even a council of 

thosc most expert in the evaluation of bioavaiiability 

data have sufficient informi~tion to prepare 

such a list. 

Then the Commissl,~ner of the Federzl Drug l;di;Iinl:;tration, 

Alexander M. Schmidt, told us: 

Regretfvlly, tor, many of the standards that 

now cxist arc inadequate or obsolete. 

A worse problem is that for all too many drugs 

no standards-obsolete or otherwise-are any- 

where to be found. 

Without up-to-date drug standards, the FDA 

cannot properly do the work assigned it. More 

in chcmically equivalent products is a real one 

. . . . Documented instances constitute unequivo- 

cal cvidcnce that neither the prescnt standards 

lor testi:;g the iinished product for the specifica- 

tions for materials, manufacturing process and 

controis are adequate 1.0 insure that cstcnsibly 

ec.ui,valent drug products are, in Iac!, equiva- 

lent in bioavailability. 

I have been speaking quite forcefully about the crention 

of more bureaucracy, about the creation of lirorr That wzs s?id On 15, 1914. 

ieg,llat,c,l, on the individual, and this is esdctly wi. To w1d this scction on th? problem of bioavailability 

doing with this hill. we already have the right t

LEGISLATIVE JOURNAL--HOUSE June 8, 

also relieve him of malpractice liability resulting second refill, would he be allowed to refill that prescrip- 

from those decisions. I tion on the same basis? 

Mr. DiCARLO. It would be my understanding, first 

This bill does relieve the pharmacist of this liability, of all, that the pharmacist would have an index card that, 

but it does not relieve the physician. This is discrimina- would show the 

rory. 

There was overwhelming opposition to this bill from 

the testimony taken at these hearings. 

The intent of this legislation, as I mcntioncd to hegin 

with, is to save the consumers money. I want to point 

out to the members of this House that when the 14 

other states that Mrs. Toll mentioned passed this type 

or a similar form of legislation, they have found that no 

savings resulted to the consumer. The whcile thing he- 

came a bureaucratic nightmare because technology is 

not yet available to assure the safety of consumprs. 

Thprefore, t,his leqislation is premature and that is why 

I am opposing it. 

The SPEAKER pro tempore. The Chair recognizes the 

gentleman from Cambria, Mr. Whelan. 

Mr. WHFLAN, Mr. Speaker, I will be very brief. I 

know this has been a long debate, but I wonder if the 

gentleman, Mr. DiCarlo, would submit to brief interro- 

gation? 

The SPEAKER pro tcmpore. Would the gentleman, 

Mr. DiCarlo, consent to interrogation? 

Mr. DiCARLO. Yes, Mr. Speaker. 

The SPEAKER pro tempore. The gentleman will pro- 

ceed. 

Mr. WIIELAN. Mr. Speaker, my concern is with paqe 

9 of the bill whcre it says: "evrry pharmacy shall post a 

sign in a conspicuous place . . . .", and then we inserted 

the second ilart of Mrs. Toll's amendment, which says: 

"easily accessible to the general public, a list of com- 

monly used equivalent drues containing their generic 

names and brand names where applicable.'' My ques- 

tion is this: When they send out this list, will it be ad?- 

ouate in itself for posting or will the dru.cgist himself 

have to rccompilc a list of generic names and brand 

names and other substitutcs? Will that list suffice? 

that the patient has 

taking or perhaps even his family. If the person came in 

for a refill, the subsequent prescription would be the 

same as the original prescription on the first visit ti] the 

pharmacist. If there was a doubt, I would imagine or I 

would assume that the pharmacist would, indeed, con- 

tact thc physician. 

hb. WHELAN. He would probably have to go back to 

the rloctor in that case, I would assume? 

Mr. DiCARLO. No, he would nut. It is common prac- 

tice today, under the present law, that a pharmacist can 

call a physician, and a physician does, indeed, call the 

pharmacist. 

Mr. WIIELAN. Okay. One last question, Mr. Speaker: 

Presently do we send out a l'st from the department on 

equivalent drugs? 

iMr. DiCARLO. No; there is no list sent out today. 

There is no reason we have to do that. 

Mr. WHELAN. Thank yon very much, Mr. Speaker. 

lVIy final questinn would relate to this: If we dn not 

now send out a substit~ition list ln the pharmacist, would 

we not be adding costs to the Department of Health by 

requiring them to send this out'! Was a iiscal note considered 

on this matter or was it determined by the department 

Chat there was no fiscal impact? Can anyone 

answer the quzstion as to whether the fiscal impact was 

considered? 

The SPEAKER pro tcrnpr~re. Does the gentleman from 

Erie, Mr. DiCarlo, wish to answer the gentleman's question'! 

Mr. DiCARLO. It is my understanding from the staii 

of the committee that the fiscal information scc:ired show!; 

that the cost will be negligible. 

Mr. WHELAN. Thank you, Mr. Speaker. 

I would have to say that I am against lhis bill, not 

becaus? it would take the savings away from the indi- 

Mr. DiCARLO. I rnally cannot respond to that. T vidual, who certainly should get the drug at the best 

would assume that the Dr~,g, Dcvice and Cosmetic Board. possible price, but I am concerned about many of the 

which will be monitoring this, would have an up-to- questions that were raised--the question of substiti~tion 

date list that would he circulated and would bc hung in that Mr. Ryan raised, the possibility of malpracticc---and 

the premises, very milch like we did when the Fcdrral I am also gravely concerned that this would have a 

GovPrnment had the base-price costs and everything e!se fiscal impact. 

listed during the era when there were price freezes. They 1 do not know how the Department of Health can make 

had to keep the information on hand so that the people up a list on a periodic basis and mail it to all the pharcould 

look at it. 

macists, with something like 5,000 prrscripliun drugs and 

Mr. WHELAN. In other words, your understandint? all their substitutes, wjthout it having a significant fiscal 

wi,uld be that the dcpartmcnt would scnd ont a list to be impact. Therefore, I would urge a 'no" vote on this bill. 

posted that would suffice rather than have the plisrma- Thank you. 

cists do any work on their own? 

The SPEAKER pro tempore. 

Mr. DiCARLO. Yes, that would he my guess. 

The Chair recognizes the 

lady Irom Chestcr, Mrs. Crawford. 

Mr. WHELAN. Okay. I have a second question con- 

Mrs. CRAWFORD. Mr. Spealcrr, maybe I missed it, 

cerning the refills: If 2 physician fills out a prescription 

hut I have a ijueslion. Is thcre a fiscal note to this bill? 

and docs no1 check "do not substitute" or "substitution 

The SPEAKXR pro ternpore. It is my understanding 

permissible," would a pharmacist be able to refill that 

that thcre is no fiscal note attached tn this bill. 

prescription on the same basis that he received it? 

Mrs. CRAWFORD. Since it does set up some require- 

Mr. DiCARLO. Are you talking about a subsrquent ments for the Department of Health, should there not he 

p~escription? Could you he more specific? 

a :iscal note attached to the ~ bill? ~- 

Mr. WHELAN. Yes, it would be a refill. Let us say '!he SPEAKER pro tempore. Would the chairman of 

that the physician failed to mark whether a substitution llle Apprupriations Committee, Mr. Wojdalr, care to comor 

no substitution was allowed and you came back far a ment?



Mrs. CRAWFORD. Mr. Speaker, I would like to make 

ii motion that House bill No. 473 be recommitted to the 

Appropriations Committee for a fiscal note. 

The SPEAKER pro tempore. The question before the 

House is to the effect that the bill be recommitted to the 

Appropriations Committee for a fiscal note. 

The Chair recognizes the lady from Philadelphia, UIrs. 

Toll. 

Mrs. TOLL. Mr. Speaker, I object to the motion. I 

understand that the Department of Health could operate 

under the terms of this legislation with their present 

budget and I, therefore, request a "no" vote on this 

recommittal. 


%'ill the House agree to the motion? 

The yeas and nays wcre required by Mrs. CRAWFORD 

and Mrs. TOLL and were as follows: 

YEAS-67 

Andernon. J. E Freind 

Beren Gring 

Blttle i~alverson 

Brvndt xsmiltor~. J. H. 

Burn8 liaray 

Butel. aaskell 

Cuur Hayea. S. E. 

Moehlmann 

Noye 

O'Cunnell 

Pancoast 

Parker. H. S. 

Fit* 

Pohte 

Taylor 

Thomas 

Turner 

Vroon 

Waqner 

Weldner 

Westerberg 

CImIni tirpford lletininger Whelan 

Crawford HI:l Ryan Wllt. R. W. 

Daviea 

Dietz 

DlnlnnJ 

Dom 

Fawcett 

Rrcher 

Fmter, A. 

Foster. W. 

Kstz Salourn 

JClrtler Sn?vatore 

Lynch Scheaffer 

M~Clatchy Sclnca 

ib1rCue Seltzer 

McGinnia Shuman 

Mebu Slruth. E. 

Mlllrr. M. E.. Jr. stall1 

Wllt. W. W. 

Worrllow 

Wrlght 

Yohn 

Zearioas 

zeuer 

Zord 

NAYS-129 

Abraham 

Arthm 

Barber 

Geislm 

George 

Gianrmarm 

Lincoln 

Lome 

.Wanderrno 

Rlchal.dron 

Rieger 

R~tter 

Bennett Gillesple IvianmIlier Ross 

Berlln 

Ber80n 

Gillette 

Gleeson 

MeCall 

Mclutyrr 

Rugglera 

Schrmtt 

Bonetto Goodman MeLane Schweder 

Bradley 

Brunnu 

Csputo 

Green 

GreenAeld 

tiileco 

M&on? 

lvlil~novi~h 

ixilllron 

Shane 

SheUlarner 

Shelton 

CiandulU 

Cohen 

Cole 

Cowell 

DrMedlo 

Devcrter 

DeWeese 

Dlcarlo 

Dinonsto 

Dombro-ld 

Doyle 

qrelbelhh 

Duma 

Flammock 

tl;iyes, D. 8. 

rlupklns 

iiuirhlnron. A. 

!lutdlnson. W. 

INIS 

rtkm 

Joimson. J. 

~eliy, A. P. 

K~JIY, J. B. 

K~roIck 

Kiingaman 

lcneiper 

Mlller. M.E. 

Miscevich 

Morrw 

Mrkonir 

Mullen. M. P. 

Mullen 

MUS~O 

Myers 

NOW& 

O'Brien 

O'DonneU 

O'Keeie 

Ollver 

Shupnik 

Slnanni 

Smlth. L. 

Spencer 

Stapicton 

Stout 

Taddonlo 

Toll 

TreUo 

Ustynoskl 

Valleenn 

WaLsh. T. P. 

Wamacz 

Eckcnsbergu 

Englehart 

Fee 

Fisher 

Fleherty 

Eryer 

Snllagher 

~o!ter 

Koivalyshyn 

Kusse 

LaMarc* 

L.audadio 

I.auehlln 

Ledercr 

Perry 

Petrarca 

F~cvsky 

~ratt 

i'rendrrgsst 

PyIe3 

Happaport 

margo 

Wlg61ns 

Williams 

wilson 

Wojdak 

ZW lri 

Gsllen 

Garaa 

C-S 

Lehr 

Lettermnn 

Levi 

Havenitah1 

Reed 

Renwlck 

Flneman. 

Speaker 



Agreeable to the provision of the constitution, the yeas 


YEAS-139 

Abraham Garzl. Lynch Renwick 

Anderson. J. E Geesey Manderlno Rhodes 

Arthura (ielrler ManmIUer RlChardson 

Barber George McCall Rleger 

BellomIni Gl811l"lBTCO McClatchy Ritter 

Bennett Gillcsple Alclntyre nos 

tiiiiette McLwe Ruggiero 

Oireson Menhorn Scheaffer 

nonetto ~oodman b~uanov~ch Schrnitt 

:Egzr Green 

Greenaeld 

M~ller. M. E. sehweder 

Mlller. M. E.. Jr. Seltzer 

B- 

Caputo 

Grleco 

Halversm 

MiU~ron 

Miscevleh 

Shme 

Shekames 

CianciulU 

Clrnninl 

Cohen 

Hammock 

tlaiay 

Hayes. D. S. 

Morris 

lilrkonlc 

hluilen. M. P. 

Shelton 

Shupnik 

Stan1 

Cole Ilepford Mullen Stapleton 

Cowen 

1)eMedlo 

D~verter 

Hopklns 

Hutchfirson. A. 

Hutchlnson, W. 

~Mustv 

Myers 

Novak 

Taodomo 

Taylor 

Toll 

DcWeese 

U~carlo 

DlDonato 

L)ombrow&l 

Irvls 

ltkln 

Johnson. J. 

Kelly. A. P. 

Noye 

O'Hrien 

O'Connell 

O'Donnru 

Trello 

UstynoaM 

VailcenU 

Wargo 

Dorr Kelly, J. B. O'Keefe Wiggins 

Doyle 

Drnbelbls 

Knrnlek 

Kirngsman 

Ohver 

Pe~ry 

Williams 

W~lson 

Dumas 

EcKcnsbergm 

Koltcr 

Kumalyshyn 

Pevil~ca 

Plevrky 

Wllt, R. W. 

Wojdak 

Englehart Loudadlo Pratt WrlDht 

Fec Laughlin Bendergst Yahn 

riahertp 

Ioxtrr, A. 

Foster. W. 

Fryer 

GaUaghu 

Lcderer 

Uhr 

Lincoln 

Lofue 

Pyles 

Rappaport 

Jrave~lstahl 

Reed 

ZWIKL 

Finernan. 

Speaker 

NAYS--60 

Beren 

B~ttle 

Grlng 

Ramllton. J. H. 

Pancoast 

~arkrr. H. S. 

Stout 

~homas 

Brandt 

Butera 

Cessar 

REPORT OF COMMITTEE OF CONFERENCE 

ON SEKATE BlLL No. 883 

RTI,I S REPORTED FROM COMMITTEES 

LEGISLATIVE JOURNAL-HOUSE June 8, 

--- 

REPORT OF COMMITTEE> OF CONFERENCE 

ON HOUSE BILL No. 153 

Mr. CAPUTO presented the report of the Committee of Mr. IRVIS called up the following report of the Com- 

Conference on Senate bill No. 883. 

mittee of Conference on House bill No. 153, which was 

The SPEAKER. The report will be laid over for print- rcad: 

ing under the rules. 

I To the Members of the House of Renresentatives and 

Senate: 

REPORT OF COMMITTEE OF CONFERENCE 

ON SENATE BILL NO. 1365 

We, the undersigned, Committce of Confcrenre on the 

part of the EIw~sc of Rellresmtativrs and Senate for the 

Mr. MANDERINO presented the report of the Coni- purpose of considering IIo1:se Bill No. 153, entitled: 

mitLee of Conference on Senate bill No. 1365. "An irl, amending the act of Junc 3, 1937 (P. L. 1333. 

The SPEAKER. The report wiil be laid over for print- I No. 3201, entitled 'An ~ c concerning t elections, including 

ing under the rules. 

gcneral, municipal sprcial and primary elections, the nomination 

of candidates, primary and elcction expensrs and 

election contests; creating and defining membership of 

COMMITTEE REPORTS 

c;mnty boards cf elections; impusing duties upon the 

Sccrttary of the Commonwealth, courts, rounty boards PI 

The SPEAKER. Without objection, the Chair returns cli.ztions, county commissioners; imposing ilenall,ics for 

to reports 3C committees. 

violation of the act. and codifying, rcvising and consoli- 

The Chair hears no objection. 

I dating the laws rclating thcretof and repealing certain 

HOUSE BILL No. 1959 (Amended) By Mr. BENNETT 

An Act amending the "Credit Union Act," approved 

September 20, 1961 (P. L. 1548, No. 6581, providing adrii- 

lional powers for credit unions; changing membership on 

the board of directors; providing additional powers for 

directors and officers; expanding withdrawal rishts; rc- 

quiring annual audits and further regulating joint ac- 

counts. 

Reported from Committee on Business and Commerce. 

HOUSE BILL No. 2377 (Amended) 

By Mr. GREENFIELD 

An Act amending the "Liquor Code," approved April 

12, 1951 (P. L. 90, No. 211, removing retail dispenser from 

the nrovision on interlockinr! - business and ncrmittine 

liceniees to have coinmercial oiiiccs on certain' prcmisc; 

lteported from Committee on Liquor Control. 

SENATE BILL No. 516 B~ M~, GREENFIELD 

An Act amending the act of April 12, 1951 (P. I.. 90. 

No. 21), entitled 'Liquor Code," authorizing special oc- 

casion permits for certain sportsmen's clubs. 

Reported from Committee on Liquor Control. 

TIONS OR UNIONS and providing an esccption Tv police 

orficcrs to be within a certain distance of a prllling place. 

I r~spectlully submit tile following bill as our report: 

NORh'IAN S. BFiRSON 

I'ETER E. PERRY 

FRANK J. O'CONNELL. Jr 

I (Committee on the part of thc Eons: of Represcnlatives.) 

THOX'IAS R.I NOLAN 

JOSEPII F. SMITH 

FREDERICK H. IIOBBS 

I 

(Commiltce on the part of the Senate.) 

An A,:t the act i,f Jllne 3, 1937 (P, L, 1333, No, 

320), entitled :An act concerning, elections, including 

general, mvniclpal, special and Frlmary elections, the 

nominalion of candidatcs, gvimary and election, ex- 

jlcnses and clection contests; creating ant1 dcfinm:: 

membership of county hoards of elections; imposing 

dutics upon the Secrclary oi the Communwealth, 

courts, county boards of elections, county commissioners; 

imposlng penalties for violation of ihe act, and codify- 

ing, revising and consolidating thc laws rekiting there- 

to; and repealing certain acts and parts of acts relating 

tu elections," requiring rlection districts to he con- 

tisuous in regions of ccrtain school districts, further 

PARLIAMENTARY INQUIRY 

~h~ SPEAKER, ~h~ chair recognizes the gentlema,, proriding for certain artiviti~s by cor!mr;ttionr, and 

i!rin?nrpnrated a?snciations, provic'ing i~r an nci:~untfrom 

Dauphin, Mr. HepIord. For what pur~losc does the 

ing 

for small contrlhutions and providing an 

geiitleman rise? 

excention for nolice officers to be within a rcrtain 

Mr. IIEPFORD. I rise to a parliamentary inquiry. 1 dist&ce of a pilling place 

The SPEAIIER. The gentleman will state it. 

The General Assembly of the Commonwealth of Penn- 

Mr. HEPFORD. You statcd that the IIl,llse may be i:i sylvania hereby enacts as follows: 

a voting sessiori next week. Did the Chair intend to 

include Monday, the lloliday, as 1 understand, for the 

Section I. Section 502, act of Jlrne 3, 1037 (P. L. 1333, 

No, 320), knoIvn as the ..l>cnnsylvania Code,,, 

state'! 

reenacted April 4, 1945 (P. L. 143, No. 64) and amcnded 

The SPEAKI'R. We are going to be waving the flag!; Septemhcr 2, 1961 (P. L. 1228, No. 537), is amended to 

on the floor of the House. 

read: 

Mr. IIEFFORD. Was ,hat the mution that was unani. Section 502. Court to Cre:lte New Election Distric1s.mously 

agreed to on the adjournment? 

Subject to the provisions of scction 501 of this act, the 

court of quarter sessions of thc county in which the same 

he SPEAKER. No, that was the scheduling, not a located, nlay form or create new electioil districts by 

motion. 

dividing or redividing any borough, township, ward or 

~h~ resolution adopted which has heen sent over to us elcction district into two or morc clcction districts of 

by the Senate called for a return to the floor on Monday, 

compact and contiguous territory, or alter the hounds of 

any elcction district, or form an ~lcction district out of 

Mr. HEPFORD. Thank you, Mr. Speaker. 

two or more adjacent districts or parts o: districts, or


consolidate adjoining election districts, so as to suit the association of a separate segregated fund which fund is to 

convcmcnre of thc t,lr;tors and to prorno:n the public in- he crentcd by voluntary individual cuntrib~~tions and to 

trresti. Elerlion districts sn formcd shall ro.,~tain bc- he utilized for political purposes, provid~d that any such 

twwn six hundred (600) and eight. hundred (POO) regis- separate ~cgregated fund ?,hall he rlcemed to be a political 

tered clectr~rs as ncarlv ns may he. No election distrid commitlcc for the ]purposes of scction I607 of this act. 

shall he formcd that shall rontain Icss than one h~~ndrcd S~rt;on 4. Silhscr+jon (a) of seption 1607 of the act, 

(100) regisfrred rl~clor~. \?:hen a s:.hi.ol Aiqlrict crosses amended July 17, I963 (P. L. 266, No. 141). is amended 

county lines. the rrgiilni: of ihe ?rho"! district shall bc to rcail: 

composed of contiguous election districts. 

:iection 1607. Expense Acco~ints to Be Filed.- 

Saclion 2, S?clir~n 1207 !if the act, amcndcrl .Tnnc 19, (a) Every candii!:;te ii;r nomination cr elrction, and 

1974 (No. l73), iu aircnrlcd to rcarl: 

evrsed. Such acact 

wliirh shall hr paid by thr cnunly. Silch qum shall count shall also set forth the unnaid debi.s and liabilities 

include pay for srrring notices in \nitin< to persons of any such candidale or comrnittce for primary or 

elected at such election. The rliction uCf;::?~s, or an-? olrction expenses. with the nature and amount of each, 

three :'ir:~liii::d clectors of niiy eL?ctinn district, may call and t,o whom owing. In the case of the treasurer of a 

upoi~ any m-\yor, chirf h,~r!!css, sheri!f. depilty sheriff. political c~mmitte~. the acro~mt shall include any unconstable, 

deputy, constable. or police officer, to clcar an cxpyded balanrr of contributions or other renpints apnieni:r> 

to lhe door oC any pnlline place which is ,011- ipe;rrlni: from the laqt previo~is ncrount filrd by him, anrl 

sir~.!.tccl in ::?lch a wai7 :IS Lo :,re. i,nt r~l-clors from an- .;hall also inchide x cnmplcte listing of all receipts and 

pro;l:,!iirc, rlr tq mninl,-'n order and quell :any distilrhanc~. disburscm~nts mlde by such committcc for any purnqse, 

if sl~ch :,r,::i.:. Nrl i~olicr cCliwr ;r, c~:r,n~iss;nn, whci.llrr incli~dinf: al! rcrrints and disbursrrnents from the puhlicain 

uniform or in citizcn's clothes, shall he within one hun- lion and sale of all publicat;ons, and from the time of the 

d:~! f,,L ,;! :I ~willing j>lr;rc r!!,rinx the rnndrated Associ;iti:,nr Prohibit- thereof, shall be senlen~rd to pay a f:ne no: ewcceding 

ed.-- 

five hundred ($500) dollars, or to undergo an imprisonu 

* e 

ment of not more than one (1) year, or both, in the 

(c) Ncithrr the provisions of i.his section, nor the pra- 

Of court. 

... .;,inns c of section 160!(a) nor any oth~r yrorisions of thi. Section 6. Any school district which crosses co?lnty 

laws of t!li:; Commnn:5-~alth shall hc dermrd tc prohibit lines and in which regions are composed of non-contigudirect 

private ru?xnun$,.;.!ions b:; a corporation tg its "a:; elcetion districts shall be reap~ortioned. If a school 

stcc!


elected; their successors shall be elected in accordance REPORT OF COBIMITTEE OF CONFERENCE 

with the reapportioned regions. 

Section 7. This act shall take effect immediately. 

ON HOUSE BILL No. 1817 


Will the House adopt the Report of the Committee oj 

Conference? 

The SPEAKER. The Chair recognizes the majoritj 

leader. 

Mr. IRVIS. Mr. Speaker, on House bill No. 153, printer'! 

No. 3267, I ask that the IIouse do adopt the Report of thc 

Committee of Conference. 


Will the House adopt the Report of the Committee ol 

Conference? 

Agreeable to the provisions of the constitution, the year 


YEAS-191 

Abraham George MeClatehy 

Anderson, I. H. Glsmmsreo McCue 

Anhurl Glll%~~1C MrGlnnlr 

Bellnmlnl Gillette Mclntne 

Bennen Gleeson MeLane 

Beren 

Godman Mehua 

Berlln Green Menhorn 

BtttlO 

GreenReld Mflnnovlch 

BonettD Grleco Mlller. M. E. 

Bradley ~rln?, Miller. M. E., 

Brandt Halverson MlllilOn 

Brunnw ~~mllton. J. H. Mlrcevteh 

Bums Hammock Moehlmann 

Caputo Hasay Morns 

ceESar Haskell Mlkonic 

cianciu1u ~aycs. D. S- Mutl~n 

Cimlnl ~ayes. S. E. Must0 

Cohen 

He~tord Myers 

Cole 

Hlll Novak 

coweu Hopktns NOY~ 

Crawfwd Hutehlnaon. A. O'Brlen 

Cumberland Hutchinson. W. OConnell 

DBvieS Ids O'Donnell 

DeMedlo 

Dev~rter 

DeWeese 

Dlearlo 

DfDonato 

Diet* 

Dinlnnl 

Dombrovskl 

Dm 

Doyle 

Drdhelbls 

Dumas 

Bckmllbslger 

Pawen 

Pee 

Firrher 

Itkin 

JohnBOn. J. 

~ s t z 

Kelly. A. P. 

Kelly. J. R. 

Kernfck 

~lstler 

Kllneeman 

Knep~er 

Kolter 

~owelydwn 

~u.iae 

IxlMnrra 

1.audRdlO 

~nuflllln 

ZCderer 

O'Keefe 

Oliver 

Paneoeat 

Parker. H. S. 

Perri 

Pew 

Petrarca 

Plevrky 

Pit* 

Pollte 

~ ~ a t t 

Prendergast 

PY~PJ 

Ra~paoort 

Ravenstehl 

Reed 

Flaherty Iahr Rennlneel 

Foster. A. ~etterman Renalck 

FMter. W. 

Freind 

Fryer 

Gnll.#ha 

Gallrn 

G R T ~ ~ 

Geewy 

Gelrler 

Lev1 

Lincoln 

Logue 

Lynch 

Manderlno 

Manmlllel 

MeCall 

Rhodes 

Rlchardaan 

Riexer 

Rltter 

Rosa 

RueLIeIO 

Ryan 

NAYS-3 

Sdriu Teddonlo 

NOT VOTING-9 

Enalehart MeGraw 

(ileason ~ullen. M. P. 

ss1oom 

Salvatore 

Schenffer 

Sehmltt 

Schweder 

Seltzer 

Shane 

Shelhnmer 

Shelton 

Shuman 

Shupnlk 

Slrlannf 

Smlth. E. 

Smlu~. L. 

Spencer 

Stshl 

Stapleton 

stout 

Ta~lor 

Thomas 

To11 

*ell,, ...... 

Turner 

Urtmakl 

Valfcentl 

Vmn 

Wagner 

Walsh. T. P 

Wansacz 

Warm 

Weldner 

Westerberg 

me,., 

Wllt. R. W. 

Wllt. W. W. 

Woldak 

Worrllou, 

Wrleht 

Yahn 

Zearioss 

Zeller 

Zord 

Zwikl 

Flneman. S"PG~P~ 

Williams 

Yahner 

The majority required by the constitution having voted 


affirmative and the report of the Committee of Con- 

ference was adopted. 


Mr. IRVIS called up the following report of the Com- 

mittee of Conference on House hill No. 1817, which was 

read: 

To the Members of the House of Representatives and 

Senate: 

We, the undersigned, Committee of Confprence on the 

part of the House of Representatives and Senate for the 

purpose of considering IIouse Bill No. 1817, entitled: 

"An act amending Title 75 (Vehicles) of the Pennsylvania 

Consolidated Statutes, adding revised, compllcd and codi- 

fied provisions relating to vehicles and pedestrians." 

I respectfully submit the following hill as our report: 

JOSEPH F. BONETTO 

.J. BARRY STOIJT 

DANIEL E. BEREN 

I (Committee on the part of the House of Representatives.) 

FRANCIS J. LYNCH 

JOSEPH F. SMITH 

CLARENCE F. MANBECK 

(Committee on the part of the Senate.) 

An Act amending Title 75 (Vehicles) of the Pennsylvania 

Consolidated Statutes, adding revised, compiled and 

codified provisions relating to vehicles and pedestrians. 

TABLE OF CONTENTS 

TITLE 75 

VEHICLES 

PART I. PRELIMINARY PROVISIONS 

Chapter 1. General Provisions 

5 101. Short title of title. 

§ 102. Deiinitions. 

5 103. Uniformity of interpretation. 

$ 104. Continuation of existing law 

PART 11. TITLE, REGISTRATION AND LICENSING 

Chapter 11. Certificate of Tillr and Security Interests. 

Subchapter A. Certificate of Title 

Certificate of title required. 

Vehicles not requiring certificate of title. 

Application for certificate of title. 

Examination of records upon receipt of appli- 

cation. 

Issuance of certificate of title. 

Content and effect of certificate of title. 

Delivery of certificate of title. 

Registration without certificate of title. 

Refusing issuance of certificate of title. 

Duplicate certificate of title to replace original. 

Transfer of ownership of vehicle. 

Disclosure of odometer reading and tampering 

with odometer. 

Transfer to or from manufacturer or dealer. 

Transfer of vehicle by operation of law. 

Correction of certificate of title. 

Issuance of new certificate following transfer. 

Vehicle destroyed or junked. 

Sqspension and cancellation of certificate of 

tltle. 

Application for certificate of title by agent 

Subchapter B. Security Interests 

5 1131. Applicability of suhchapter. 

5 1132. Perfe9tion of security interest. 

§ 1133. Creatlon of securlty interest for titled vehicle

i976. LEGISLATIVE JOURNAL--HOUSE 5159 

Assignment by lienholder of security interest. 

Satisfaction of security interest. 

Duty of lienholder to disclose pertinent infor- 

matinn. 

Subchapter exclusive for perfecting security in- 

terest. 

Duration of lien recorded on certificate of title. 

Chanter 13. Registration of Vehicles 15 

riers. 

8 1370. Snrr~ndcr of registration plates and crirds upon 

suspension. 

§ 1377. Judicial review oC denial or suspension of registration. 

5 

6 

3 

8 

B 

8 

6 

§ 

Duplicate and substitute drivers' licenses and 

learners' permits. 

Exn:ration and reneuial of drivers' licenses. 

~oiice of rhange of name or address. 

Department rccords. 

M~riical ad\-isory board. 

Reports on mental or physical disabilities or 

disorders. 

Determination of incompetency. 

Sobchapter A, General Provisions 

6 1301. Driving unregistered vehicle prohibited. 

6 1302. Vehicles snbject to registration. 

6 1303. Vehicles of nonresident.: exempt from registratinn 

I& 

6 1304. Registration criteria. 

6 1305, Application for reqistr a t' on. 5 

F 1306. Grounds for refusini: registration. 

6 1307 Period of registration. 6 

§ 1308. Issuance of registration card. 9 

5 1309 Renewal of registration. 

5 1310. 'Cemporary registration cards. 

I : Registration card to be signed and exhibited ! 

Subchapter B. Comprehensive System for Driver Education 

and Control 

6 1531. Administration of system by department. 

6 1532. Rerocation or s1,spension of onerating nrivilege. 

1533. S~zspcnsion or onprating privilege for failure to 

resnond to citation. 

1534. Notice of acre~tance of Accelerative Rchabilitative 

~ispilsilion. 

Schedule of convict;ons and points. 

Nntice of assignment of points. 

Rpmrlval of points. 

on demand. 

5 

8 1312. Notice of change of name or address. 

tion of points. 

5 1313. D11pl;cate registration cards. 

Surrender of license. 

1314. Transfef of registration. i Period of revocation or susnension of oneratine ,, 

6 1315. Operatinn of vehicle following death of owner. 

nrivilegr. 

5 1316 Department records. , $ * Revocation of habitual offender's license. 

Driving whilc operating . ~rivilege . is suspended 

S~~bchnpter R. Registrntion Plates I" or revnked. 

Additional period of revocation or suspension. 

B 1331. Issuance of registration plates. 

Rcsloration of operating privilege. 

6 1332. Display of rcgistration plate. 

Suspension or rcvocatian of nonresident's operat- 

5 1333. Lost. stolen, damagcd or illegible regi3tration ing privilege. 

nlate. 

Chemical test to determine amount of alcohol. 

6 1331. keturn of registration plate. 

Post conviction examination for driving under 

F 1335. Rceistration nlates for manufacturers and deal- iniluence. 

ers. 

1549. Fstahlishm~nt of schools. 

6 1336. Use of dealer registration plates. 

1550. Jud:cial review. 

9 1337. USE of "Miscellaneous Motor Vehicle Business" 1551. Notice of suspension of licenses or pprmits. 

registration plates. 

8 1338. Handicappcd plate. 

Subchapter C. Violations. 

1330. Legislative plate. 

6 1340. Antique and classic plates. 

1571.. Violations concerning licenses. 

6 1341. Personal plate. 

1572. Cancellation of driver's license. 

6 1342. Platc for tot;,llv disabled veteran. 

1573. Drix,ing under foreign license during suspcnsian 

8 1343. Use of school hus plates. 

OP TPVOP~I ~ ~ inn -~- 

6 1311. Use of farm truck plates. 

1574. ~&itting unauthorized person to drive. 

1 575. Permitling violation of title. 

Subchapter C. Violations and Suspensions 1576. Local au!horitics liable for neelirrence of their 

IS employees 

Chapter 15. Licensing of Drivers 

Tubchapter A. General Provisions 

6 1501. Drivers required to he licensed. 

9 1509. P~rsons exempt from licensing. 

$ 1503. Persons incltgible for licensing. 

1501. Classes of licenses. 

6 15U5. Learners' permits. 

1506. Application for driver's license or :earner's per- 

mit. 

F 1507. Application for driver's license or learner's per- 

mit by minor. 

9 1508. Examination of applicant for driver's license. 

6 !500. Qualifications for Class 4 license. 

g 1510. Issuance and content of driver's license. 

3 1511. Carrying and exhibiting driver's license on 

denland. 

:haptcr 17. Financial Responsibility 

Slibchapter A. General Provisions 

1701. Application of chapter. 

1702. Administration of chapter. 

1703. Aoailnbiliiy of other remedies. 

1704. Transfer of suspended registration to evade 

chapter. 

Subchopter B. Nanpayment of Judgments 

6 1741. Court reports on nonpayment of iudgments. 

§ 1742. S~ispension for nonpayment of judqments. 

6 1743. Continuation of suspension until judgments paid 

and prcof given. 

5 1744. Payments sufficient to satisfy judgments. 

6 1745. Installment payment of jud.ments. 

§ 1746. Proof of financial rcspons;bility after suspension 

or revocation. 

1747, Providing responsibility, 

Chapter 19, Fees 

Subc!lapter A. General Provisions 

5 1512. Restrictions on drivers' licenses. 

8 1901. Exemption of entities and vehicles from fees. 

8 !SO?. Exemptions from other fees. 

6 1903. Limitation on local license fees and taxes. 

. $ 1904. Collection and disposition of fees and moneys.

Subchapter B. Registration Fees 

$ 1911. Annual registration fees. 

i: 1912. Passenger cars. 

$ 1913. Motor homes. 

5 1914. Motorcycles. 

5 1915. Mot,or-driven cyclcs. 

8 1916. Trucks and truck-tractors. 

i: 1917. Motor buses. 

5 1918. School buses. 

i: 1919. Electric vehicles. 

i: 1920. Trailers. 

B 1921. Special mobile equipment. 

i: 1922. Implements oi husbandry. 

i: 1923. Antique and classic vehicles. 

i: 1924. Farm trucks. 

Suhchapter C. Permits 

8 1941. Scope of subchapter. 

8 1942. Special hauling permits as to weight and size. 

$ 1943. Annual hauling permits. 

i: 1944. Mobile homes and similar trailers. 

8 1945. Books of permits. 

i: 1946. Movements requiring special escort. 

5 1947. Refund of certain fees. 


June 8, 

§ 3310. Following too closely. 

$ 3311. Driving on divided highways. 

§ 3312. Limited-access highway entrances and exits. 

6 3313. Restrictions on use of limited-access highways. 

5 3314. Prohibiting use of hearing impairment devices. 

Subchapfcr B. Right-of-way 

B 3321. Vehicle approaching or entering intersection. 

8 3322. Vehicle turning left. 

B 3323. Stop signs and yield signs. 

B 3324. Vehicle entering or crossing roadway. 

S 3325. Duty of driver on approach of emergency vehicle. 

§ 3326. Duty of driver in construction and maintenance 

areas. 

i: 1925. Ambi~lances, taxis and hearses. 

Subchapter C. Turning. Startin and Signals 

$ 1926. D~alers and miscellaneous motor vehicle bi~si- 6 3331. Rpquired position and method of turning. 

ness. 

G 3332. 1,;mitations an turning around. 

5 1927. Transfer of registration. 

6 3333. Moving stopped or parked vehicle. 

B 1928. Temporary registration plates. 

B 3134. Turning movements and required signals. 

$ 1929. Replacement registration plates. 

5 3:


6 3518. Pedestrians to yield to authorized emergency 

vehicles. 

8 3540. Blind prdcstrians. 

jj 3550. Pedestrians under influi.n;.p of nlcr:hnl or contmll~rl 

. . . . silh~tnnr" . ... . . . . . . 

8 3551. Compliance with brirlge and railroad warning 

signals. 

6 3552. Penalty for vinlatinn of subchapter. 

Chapter 37. Misc~llan~o~~s Provisions 

Subchapter B. Seriou.; Traffic Offensrs 

Chapter 45. OLher Required Equipment 

Suhchapter A. Bralre Equipmeat 

S~lbchapter B. Safety and Anti-pdlution Equipment 

Suhrhaptcr A. Off~nses in General 

B 3701. Unattended 1noli.r vehicle. 

Tire equipment and traction suifaces 

6 3702. Limitations on ha-king. 

SaCitv glass. 

F 3703. Drivinq upon sirlrwal!. 

~rlevisikn equipment. 

8 3704. Oh?tr~iction to driving vicl~i or m~chanism. 

Fire extingu~ishers. 

6 3705. Onenin: and rlosin,g vellirle doors. 

Slow moving "chicle emblem. 

6 3706. Riding in ho~ise !railers, moh:!e horn-s or hoats 

Portabl- erncrgencg warning devizes. 

nr . trailers . -. . . . 

Emission control systems. 

6 3707. Driving or stopping close to fire apparatus. 

Smolr~ contvol for diesel-nowt,red motor vehicles. 

6 3708. Una~ithnrized drivinr; ovt3r firr hosc. 

kn&ar wheel shielrls 

6 3709. Dcnasitinir wzstr and othcr m~l.cri?l on hie!,wnv. 6 4534. Rfzr-view mirrors. 

6 3710. stinnine 'it intersection or crossine .> to d*evc& 5 4515. Ai:clihlc warning rlrvices. 

ohs'truction. 

3 453fi. Bampers. 

S 3711. Unauthorized uersons and devices hancine on 

Subchapter C. Vehiclcs for Transportation of School 

vehicles. 

Children 

6 3712. Abandonment and stripning of vehicles 

§ 3713. Railroad trains not to block crossings. 

s 3714. Rcckless driving. 

6 3731. Drivin llndrr influmct: of alcohol or rontrollrd 

substanre. 

F 3732. IIomicide hy vehiclc. 

B 3733. Fleeing or attempting lo elu

$ 4924. Limitations on length of projecting loads. 

5 4925. Width of projecting loads on passenger vehicles. 

Subchapter C. Masimum Weights of Vehicles 

$ 4941. Maximum gross weight of vehicles. 

5 4942. Registered gross weight. 

$ 4943. Maxim~im axle weight of "chicles. 

$ 4944. Maximom wheel load. 

6 4045. Penaltics for exceedini: maximum weights. 

8 45146. 1mpo11ndmenf of vehicles for nonpayment of 

overweight flnes. 

$ 4947. Disposition of impounded vehiclcs and loads. 

$ 4940. Maximum weight and seating capacity of hlises. 

6 4981. Weighing and measurem~nt of vehicles. 

5 4982. Reducing or readjusting loads of vehicles. 

5 4983. Penalty for violation of subchapter. 

Subchapter C. Reciprocity 

June 8, 

6 6141. Declaration of policy. 

S 6142. Reciprocity agreements, arrangements and declarations 

authorized. 

5 6143. Benefits, privileges and exemptions from taxes 

and fees. 

$ 6144. Vehicle registration and licensing. 

P 6145. Proportional rcgistratinn of fleet vehicles. 

$ 6146. Enforcement agreements. 

$ 6147. Declaration of reciprocity in nbscnre of agreement. 

$ 6148. ~,,,,li~~biljt~ to leased vehicles. 

8 6149. Alltomatic reciprocity. 

Subchapter D. Sl,ecial Permits for Excessive Size and B 6l50. Propor!ional registration not exclusive. 

6151, Suspfnsion of rccipr~,ci,y 

Weight 

8 6152. Form, publication and distribution of documents. 

B 4961. .-luthority to issue permits. 

$ 6153. Existing reciprocity amcements unafferted. 

5 4962. Conditions of permits and security for damages. 

6 4963. Exemptions for vehicles used in State highway 

Chapter 63, Enforcement 

construction. 

Subchapter A. General Provisions 

5 4964. Oral authorization following emergency or accident. 

$ 6301. Proscciitinns under local ordinances superseded 

B 4065. Single permits for n~ultiple highway crussings. 

by title. 

$ 4966. Permit for movement of quarry equipment. 6 6302. Limitation of actions for summary offmses. 

6 4067. Permit for movement of implements of hus- S 6303. Rights and liabilities of minors. 

bandry. 

.$ 6304. Authority to arrest witl~out warrant. 

8 4968. Permit for movement of equipment being manu- S fi305. Arrest nf nonresident. 

factured. 

6 6306. Costs for summary offenses. 

$? 4969. Pcrrnit for movrment of vehicles with oversize B 6307. Liability for costs not paid by defendant. 

wheels and tires. 

6 6308. Investigation by police officers. 

8 4970. Permit for movement of utility construction 1 "m.inman+ 

subrhaptcr B. ~ ~ ~ ~ ~ cases f f o i ~ ~ 

Recnrds of issuing authorities. 

d 

Snbrhaptcr E. Measi~ring and Adjusting Vehicle Size 

and Weight 

Reports by issuing authorities. 

Re~orts by courts of record. 

Failnre to comply with provisions 

Department records. 

Traffic citation forms. 

Inspection of records. 

PART V. ADMINISTRATION AND ENFORCEMENT 

Chapter 61. Powers of Department and Local Authorities 

Subchapter A. General Provisions 

Subchapter C. Evidentiary Matters 

F fi34l. Admissibility of copies of records as evidence. 

5 6342. Registration number as prima facie evidence of 

operation. 

Chapter 65. Penalties and Disposition of Fin~s 

$ 6101. Applicability and uniformity of title. 

5 6102. Fowprs and duties of department and local au- $ 6501. Definition of conviction. 

thorities. 

8 6502. Summary offenses. 

6 6103. promulgation of rules and by de- 6 6503. Subsequent convictions of certain offenses. 

partment. 

B 6504. Inability to pay fine and costs. 

5 6104. Administrative duties, of department. 

S 6505. Disposition of fines and forfeitures. 

8 6105. Deparlm~nt to prescr~be traff~c and engineering chapter 67, service on Nonresidents 

investigations. 

$? 6106 Designation of emergency vehicles by Pennsyl- 5 6701. Service of process on nonresident. 

vania State Police. 

5 6702. Residents who depart Commonw~alth or whoye 

$ 6107. Desi~nation of authorized vehicles by depart- whereabouts are nnlmown. 

ment. 

$? 6703. Personal representatives of nonresidents. 

$ 6108. Pcwer of Governor during emergency. 

B 6704. Manner of servicc of process. 

$ 6109. Specific powers of department and local au- 8 6705. Record of service of process. 

thorities. 

$? fillO. Regulation of traffic on Pennsylvania Turnpike. PART VI. IVIISCELLANEOUS PROVISIONS 

$ 6111. Regulation of traffic on bridges under authority 

of interstate commissions. 

Chapter 71. Vehicle Theft and Related Provisions 

5 6112. Removal of traffic hazards by property owner. 

6 6113. Control of public travel on private property by Suhchapter A. Identification Number 

owner. 

6114. ~ i ~ ~ on i t ~ tpublication i ~ ~ and disclosure of 5 7101.. Requirement for identification number. 

§ 

records. 

7102. Removal or falsification of identification number. 

F 7103. Dealing in vehicles with removed or falsified 

Subchapter B. Traflic-control Devices 

numbGs. 

7104. State replacement vehicle identification number 

$ 6121. Uniform system of traffic-control devices. plate. 

$ 6122. Authority to erect traffic-control devices. 7105. Seizure of vehicles with removed or falsified 

R 6123. Erection 01 traffic~control devices while working. numbers. 

5 6124. Erection . . of trafiic-control devices at intersec- Subchapter B, Stolen Vehicles 

clons. 

A 6125 Display of unauthorized signs, signals or mark- 5 7111. Dealing in titles and plates for stolen vehicles. 

~ngs. 

8 7112. False report of theft or conversion of vehicle. 

5 6126. Interference with devices, signs or signals. 6 7113. Reporting stolen and recovered vehicles. 

6 6127. Dea!ing in nonconforming traffic-control devices. 5 7114. Records of stolen vehicles.


6 7115. Application for certif~cate of title of a stolcn 1 Chapter 81. Interstate Compacts and Agreements 

vehicle. 

S 7116. Fraudulent removal of vehicle from garage. I Suhchapter A. Bus Taxation Proration Agreement 

Subchapter C. Misuse of Docllmcnts and Plates 

$ 7121. Falsc application for certificate of title or regis- 

tration. 

F, 7122. Altered, forged or rounterfeit clocuments and 

platcs. 

6 7123. Sale or pi~rchase of certilicate or other dncn- 

ment. 

fj 7124. Fraudulent uw or rcmova! of regic:tr:~lion p!ate. 

Chapter 73. Ahandoncd Vchirles and Cargos 

5 7301. Authorization of salvors. 

5 7302. Certificate nf a~ithcrizntion. 

8 7303. Suspension of authorization. 

5 7304. Reports to rlepartirient of possession of ahandoned 

vehicles. 

6 7305. Notice to owner anrl lienhnldcrs of abandon~d 

vehicles. 

6 7306. Paymrnt of costs ~~pon reclaiming vchirle. 

5 7307. Authorization for disposal of unclaimed vehicles. 

5 7308. Public sale of llnclaim~d vehiclcs with valoe. 

S 7309. Junliinz of vehicles vn!uelees except for jun!~. 

$ 7310. Removal of vehicles and spi!led cargo from road- 

TXT2.T .. -=. 

§ 7311. Reports by gararc keepers of abandoned vehicles. 

6 7112. Penalty for violation of chapter. 

Chapter 75. Messenger Service 

$ 7501. Authorization nE messengrr servire. 

5 7502. Certificate of authorization. 

5 7503. Suspension nf authorization. 

5 7504. Place of business. 

§ 7505. Transaction of business with department 

6 7506. Violations and pcnllties. 

Chapicr 77 Snowmohiles 

Subchapter A General Prov~slonc 

6 7701. Shori ! title of chapter. 

S 7'702 . . -. nefinitinnc ". 

6 7703. Applicability of chapter. 

6 7701. Rules and rcculations. 

6 7705. ~is~osition of fines and penalties. 

5 7706. Restricted receipts fund. 

Suhchapter B Registration 

8 771 1. ReSistration oi dealers. 

6 7712. Rc~istration or snourmohiles. 

8 7711. Crr!iFicates nf registration and decals 

6 7714. Exemptions from registration 

§ 7715. R,eciprocity. 

F 7716. Central registration file. 

rapter C. Operation 

Operation on streets and highways. 

Desienation of snowmobile roads. 

~A ~~~ ~ ~ -~ 

~ 

Additional limitations on oneration 

Accidents and accident reports. 

Liability of owner for negligenre. 

Suhchapter D. Equipment 

8 7741. Head ?amps and tail lamps 

6 7742. Brakes. 

5 7743. Mufflers and noise control. 

~A~ -- 

Subchaptcr E. Miscellaneous Provisiqns 

6 mol. BUS taxation proration agreement enacted. 

6 8102. Secretary of Transportation to he administrator. 

6 8103. Exemptions from agreement anrl changes in reporting. 

6 8104. Governor to give notice of withdrawal from 

agreement. 

§ 8103. Applicability of oth~r orovisini~s of title. 

Siihchnpler B. Vehiclc Equipment Safety Compact 

Vehicle cquipment safety compact enacted. 

1,egislalive findings. 

Applicability of other provisions of title. 

Statutory approval of commis?ion rule, regulation 

or nrdrr. 

Secretary of Transportation to he commissioner. 

State employees retirement covcrage for commission 

employees. 

Cooperation of State agcncies with commi8sion. 

Dncument filings and notices imcler bylaws. 

Slibmiision of commission hud,gets. 

Tnspcrtion of rommirsion accounts by Anditnr 

C~noral . . . . . . . I.'! c: \or1 r ?- ( ze cllt~v, h~xl. 

> 12:) rt 7;.1!y f~ VIOI~I:C~:I ,.f ,m:,:,ct 

Thc Gcnprnl Assembly of the Commonwealth of Penn- 

sylvania hereby enacts as follows: 

Scction 1. Title 75, act of Novcmhcr 25, 1970 (P. L. 

707, Nil. 230). known as the Pennsylvania Consolidated 

Statutes, is amended by adding parts to read: 

Part 

I. 

11. 

111. 

1v. 

v. 

VT. 

TITLE 75 

VEHICLES 

Preliminary Provisions 

Title, Registration and Licensing 

Operation of Vehicles 

Vehicle Characteristics 

Aclministration and Enforcement 

Miscellancons Provisions 

1 Chapter 1 

PART I 

I'RELIMINARY PROVTSTONS 

i 

I 

1. General Provisions 

CIIAPTER 1 

GENERAL PROVISIONS 

!~ec. 

1 0 Short title of title. 

102. Definitions. 

103. Uniformity of intrrprclation. 

104. Continuation of existing law 

1s 101. Short title of title 

I This titlc shall he known and may be cited as the 

1'-Vehicle Code." 

/& 103. Definitions 

S;~bject to additimal definitions contained in suhsequent 

provisions of llc~ title which are applicable to 

specific provisicns of this title, the following words and 

phrases when used in this title shall have, unless the 

content clearly indicates otherwise, the meanings given 

to them. in this section: 

"Abandoned ~rehicle." 

( I ) A vehicle (other th6r1 a pcda!cyc!e): 

(i) that is inoperable and is left unattended on 

pahlic property for more than 48 hours;


(ii) that has remaincd illegally on public property "Emergency vehicle." A fire department vehicle, pofor 

a period of more than IF hours; 

lice vehicle, ambulance, blood-delivery vehicle, armed 

(iii) without a valid registration rilate or certificate forccs emergency vehicle, one private vehicle of a fire 

of inspection or title left unattended on or along a cr police "!lief or assistant uhiei or ambulance corps comhighway; 

or 

mander or assistant commander or of a river rescue com- 

(iv) that has remained on private property without mander used for answering emergency calls or other 

the consent of the owncr or pc'rson in control of the vehicle drsignat~d by the State Police under section GI06 

property lor more than 48 hours. 

(relating to designation of cmergcncy vehicles by Penn- 

(2) Vehicles and equipment used or ta be used in con- sylvania State Pollce). 

struction or in the rlpcration or maintccance of public 'Engineer~ng and traffic study." An orderly cxamina- 

~itility facilities, whioh arc left in a manner which docs tion or analysis of physical features and traffic condinot 

interfere with the normal movement of traffic, shall tion? conducted in accordance with regulations of the 

not he con?i~'?red to bc abandoned. 

department and conforming to gcncrally accepted en- 

"Alley." A street or highway intended to provide access glneerlng standards and practices for the purpose of asto 

the rpar or sidc of lots or buildings in urban districts cer!aining the nrcd or lack of need for a particular action 

and not intended for the purpose of through .;ehicular by the department,, or local authorities. 

t.raffic. 

"Essential parts. Ail integral and body parts of a 

"Anticiuc motor vehicle." A motor vehicle, but not a vehicle of a type required to he rrr:istered under this 

reproduction thcrcof, rnanuIactiired more than 7.5 ypars titlc, the removal, alteration or substitution of which 

prior to the current ye;rr which has hccn maintained in or tvould tpnd to ctinccal thr identity of the vehicle or subrestored 

to a condition which is sllbstantially in confor- stantially alter its appearance, model, typc or mode of 

mance with manlifactured specilications. 

operation. 

" ~ ~ t h vehicle.22 ~ ~ i A ~ vehicle ~ d or type of vehicle, other "Fktablished place of husinr~ss." The place actually octhan 

an cmersncy vehicle, lor which special operating or ::upid dither continuously or at regular periods by a 

privileges by law or of dealer. manufacturer or other vehicle-related business 

the dep;irtmmt has;ed r:n dPsign and utility for worlc where the books a~nd records are k~pt and a large share 

within a highway. 

of the business is transacted. 

"B~~~." A motor designed for carrying more "Exhihit." Surrender of a document into the tempo- 

Tarv pusse.;sion of a person for the purpose of examin- 

'"g 

"Farm truck." A truck determincd by the department 

to he n~ed exc!usivcly for agricultural purposrs. 

"Fleet owncr." A pcrson, Federal, State or local government 

agency or authority owning or lcasin: 15 or 

m~rc rrhivles whr~ or which provides servicing and re- 

than tcn passenpers, exrlusive of the driver, and used 

for the transportation of persons and a motor vehicle, 

other than a lasir:,h, desiglled and used for the trans- 

portation of persons for compensation. 

"Business district." ~h~ territory contimous to and 

including a highway when within any 600 feel a]ong the 

highway there ..re hui]dintls in for ~llsjncss or in. 

duil,rial purposes, including but not limited to hotels. 

hanks, or oICice building:;, Tailroad stations and public 

buildings which ouuul,y least 300 feet of frontage on 

one side "= 303 feet collrctively on both sides of the 

hishway. 

Classic m.tor ve)iic15." A sclf.l,ropellcd vehicle, hut 

not a reprqduction thereof, manufactured more than ten 

years prior to the cllrrcnt and, because of discon. 

tinuPri prodl,rljon and limited ;,vailabiiity, determined 

by the department to a or malre ,f significant 

value to collector: ril. exhibitors and which has heen 

maintainccl in or rcstorr,d to a which is sub. 

stantially in ronformity with manufacturer specifics. 

tion:; and appearanct:. 

"cornhination,~ T~~ more vehicles physically in. 

terconnect~d in tandem. 

"Crosswalk." 

(1) That part of a rl,al!wng at an intersection included 

the connections of tho lateral lines of the side. 

Pa" of the 

"Foreign vehicle." A vehicle of a type required to he 

refiistered. under this title brought into this Common- 

wealth from anothcr state, territory or country other 

thm in thc ordinary course of busincss by or through a 

mmufactllrer or dealer and not registrred in this Com- 

monwealth. 

'.Freeway." A limitcd-acccss highway to which the 

on+ means of ingress 2nd egre5s is by interchange ramps. 

''Full trailer." A trailer so constructed that no part 

of its weight rests upon the towing vehicle. A semi- 

trailer attarhed to a touring vehicle bv means of an 

auxiliary front axle or dolly shall be deemed to be a Cull 

trailer. 

"Gros.: combination wejght rating (GCWR)." The value 

sprcified by the manufacturer as the loadcd weight of a 

comhinntion. 

'(;TO" vchicle weight rating (GVWR)." Thc valut, 

specilied on th? Federal weight certification label by the 

wallrs iin onpnsite siclos ol the highwa", measured from m~,"~faclur~~ as the loaded weight of R single vehicle. 

the curb or, in the of from the edges of C"OSS weight." T ~ combincd P weight nf 3 vehicle or 

the tmvcrsablc and, in absence of a side- combination of vehicles and its load and driver. 

walk on one sidp of :he roadway, that art of a road. , "Highway." The entire width, betwcen the boundary 

way inc!urled within the extrn:;ion of the lateral lines lines of ,every way publicly maintained when any part 

of the existing sid-walk. 

thrrenf I.: open tn the use of the public for purposes of 

(2) Any portion of a roadway at an intersection or vehicular travel. Thc term inrludes a roadway open to 

elscwhrrc distinctly indiratcd for pedestrian crossing the use of the public fnr vehicular travel on grounds 

by line; or other markings on thc surface. 

of a,rollege or university or public or private school or 

"Dealer." A pcrson engagcd in the business of buy- ~LIbllc or historiral park. 

ing. selling or exchanging vehicles. 

House trailer. 

"Denartment." The Department of Transportation of (1) A trailer which is designed, constructed and 

the Coinmonwcalth. 

equipped as a dwelling place, living abode or sleeping 

"Divided highway." A highway divided into two or nlxe (either permanently or temporarily) and is equipped 

more roadways and so constrnrted as to impede ve- for use as a conveyance on streets and highways. 

hicular traffic between the roadways by providing an (2) A trai!er containing a chassis and extcrior shell 

intervening space, physical barrier or clearly indicated designed nnd constructed for u5e ns a house trailer, as 

dividing section. 

defined in paragraph (I), but which is used permanently 

"Driveaway-tou~away operation." Any operation in or temporarily for ndt~ertising, sales. display or promowhich 

any motor vehicle, trailer or semi-trailer, singly or tion or merchandise nr services, nr for any other com- 

In combination, constitutes the commodity being trans- mercial. purpose erc~pt the transportation of property. 

ported, when one set or more of wheels of the vehicle "Implement of husbandrp." A vebirle designed or 

are on the h:ghway durjng the :nurse of transportation, adapted and determined by the department to be used exwhether 

01. not the vehlcle furnished the motive Power. clusively for agriculturll operatinns and only incidentally 

"Driver." A person who drives or is in actual physical operated or moved upon hishways. 

control of a vehicle. 

"Intersection." 

"Driver's license." 4 license or permi' to drive a mo-, (1) The area embraced within the prolongation or 

tor vrhirle issued under this title. , . 

connection of the lateral curb lines, or, if none, then the


lateral boundary lines of the roadways of two highways ing jurisdiction, for the purpose of regulating, warning 

w1iii.h join one another at, or approximately at, right or guldlng traffic. 

niigles, or the area within which vehicles traveling upon "Opera:~ng privilege." The privilege to apply for and 

different highways ~o~ning at any other angle may come ob:ain a license to use as w:!il as the nrivilege to use 

ill conflict. 

a vehicle iln a highway as aut,horized in this title, but 

(2) Where a highway includes two roadways 30 feet not a contl.act, propprty right or civil right. 

or more apart, then every crossing of each riradway of "Overtime parking." lhc cuntinuoui parking of a vetlie 

divided highway by an intersecting highway shall liicie for a period of time c::reeding the maximum 

bc regarded as a separate intersection. In the event pe,:iod established by law. 

the intersecting highway also includes two roadways 30 Owner." A person, other than a lienlioicier, having the 

f~et or inure apart, then every crossing of two roadways property right in or title to a vehicle. The term includes 

of tile highways shall be regarded as a separate inter- a person entitled to the use and possessiori of a vehicle 

section. 

subject to a security interesl in another person, but ex- 

"Issuing authority." A public official having the power cludes a lessee 11n51,r a lcasc not intendcd as serurity. 

and autiiority of a justice ol the peace, magistrate or "Park" or "parking." 

district juslire. 

(1) When permitted, means the temporary storing 

"Laned highway." A roadway which is divided into oi a vi,hir!e. whf:hr?r occupied or not, off the roadway. 

two ur more clearly marked lanes for vehicular trarfic. (2) When prohibited, means the ha!ling of a vehicle, 

"1,parner's permit." A permit issued for the purpose whether ociu;lied or niit. except momcntarily lor the 

of lcaining to operate a motor vchicle. 

purpose of and ;vhi!e ectilally cngagcd in loading or un- 

'.Lienholr:cr." A person holdtng a security interest in loading property or passengers. 

a viihicle. 

'Passenger car." A motor vehi:,le, except a motor- 

"Limited access highway." A highway in respect to cycle, desi~ned Ior carryil~i: ten passengers ili lyss, and 

which iiwncrs or occupants OF abutting lands and other primarily used fn; the transl?or!atian i:f pcrsons. 

persons have no legal right of access except at paints "Pedalcyrle." P. vciiiclc pro!~cll?d sulciy by humanand 

in the manner determined by the authority having po'yered pedals. 

jurisdiction over 1.h~ highway. 

Pedestrian.'' A nalural pei.sun afoot. 

"Locnl au:hor~ties." County, municipal and other local "Pr.nnsylvania Tuunuilic." Tlic highway sy,tcm owned 

boaril; or bodies having authority to enact laws relating and operated by the I'ennsyivanis Turnpike Commisto 

trai'iic. 

sion. 

'IvIanuiacli~rer." A pcrson engaged in the business oi "Person." A natural person, firm, copartnership, ascL,rr:iiruuiinq 

or as;cmbling vehicles or motors or bodies s:;ciatir,n or rorporaiiiin. 

01 uehiuiss. 

"Poiire officer." 11 naiural ipersun auihorixed by law 

-Slanuiaciurt-r's shipping wcight." The weight of a to make arrests fur vir>laLions of law. 

v!,hicle iniiuding all installed op!ions as dclivered for "Privatc road or driveway." '1 way or place in private 

retail sale by the final slaze manufacturer and as indi- r~wnership and ~lscd lor vei~icui::r tl.ilvel !ly the owner 

cated r::i the man~!fac;urer's certificate of origin. and those lillvlng CXIJ?~!:~ oi' ~mpliid pc~.mis::;nn from the 

-?;Iesscnger sr:rvwe. A pcrson who, fur a fee, ad- owner, but not by other i)crst,ns. 

verlises: offers or provides to the public the service of "Proof of i~ls~~ran?i-." A card issucd by an insurance 

obtaining fr.on~ the dcpartmcnt vehicle titlcs, registm- carriel. in c~jn~~)lia~lc~ ~vitli regulalinn.: 01 tlie Insurance 

tir;ni:, clrb~er.,' lirenses and similar documents. A dealer Comnlissionci ividenc;ng that ti?' v! liicf,, is covered by 

v;h,i obtains Goiurnents an17 lor purchasers of vchicle:; the insurance required in section 104(a) of the act of July 

il.oin the cleaicr is no? a messenger service. 

i!I, IS14 (P. L. 4!;Y, No. l?i), linow!~ ias the "I'ennsylvania 

"l\?r,hiie homr." A trailer designed and u.:cd exclusively No-fault I\lo!or Vchiclr li~>ilr-.anri: Aci" ni:d rignlations 

i r i n u r r or con~~;~crcial purposes which ex- issued thereunder, or a card evidencing that the vehicle 

irecis !hc inasimun~ six> limitations prescribed by thi:: i, seli-insured in cumpiian~e viith that act and regnlatit!o 

ii:r operalion on a highu-ay and is only incidentally tions. 

s;lc1..itcd on a higllway, including a unit transported on 'Ilail;.oad grad(: n.os:;ing." One r!r n~r:~.r rnilrrrad tracks, 

a rrmc;vahle or no~l-removable frame designed so as tl; but not streetcar !rac!rs, ~vliiih intersect or cross a highbe 

. sscmbl?rl toxiher with anothcr unit or units into a 

tiructurc whirh i.: 11,scr' excli~sivclv lor living quarters, 

commonly known as a "modular unit." 

, ., ,.lotor hsme." 11 molor vci:irlu dcsigned or adaptet! 

i;jr :IS:' as a mohilc dwclling or oflicc, except n mot"]. 

v;~!iicic cI~r::!>cr.'' Xhcn used in thc contest of identification 

mt,zns a scriis of nun1ei:ili. :rl letters or both, with or 

witiio~t a prcfix or suffix. 

"Official traffic-control devices." signs, markillys 

;ad i.~,.i::~i nai inccnsistent +his title placed 

or erected by authority of a public body or official hav- 

.way at the s:irnu luvol or gradc. 

"iZail~.i,:i!l sign or signal." A slgn, signal or dcvice 

erected hy ni:tho;ity ol n jiuii!'r. !iody :,r oifk,ia! ni. by a 

~'ililroaii ::,id inlvndcd io give! n:,tir.c i,f the prcsmce of 

:~ail,.qac,l traciilro:~:l train, 

"Recall." To withdraw hy io:mal action of the depart- 

ment for zn indefinilc. pviirid thc upcrating privilege 

of a pr:.son i',#r li.ii?.iirs oi inci.mpci?!lcy. 

"Rcconstrucied vcliicie." 11 vehiclc materially altered 

irom it; origlr.al cons^^-~irtion by the rcmoval, addition 

or subslilution ol essential parts, new or uscd, or a 

vehicle, other than ail antique or c1a;slc uchiclc, for which 

a certificate of junk we.; i:;socri anrl is tlicrea1tc.r restored 

to operating condition. 

"Recreational ,trailer." A trsiic; iicsigned or adapted 

and used exclusivtly fur rerrcntional purposes. 

'Registcrcd gross wcight." Thr maximum gross weight 

: which a vchicle or co~nSinal;on is registered in this 

C'omnx)n\vcaIth tr, Iiperals upon i. highway. 

'~tegislration." The authority fur a vehicle lo operate 

on a highway as ri.;d.:nccd hy the issilancc of an identify- 

ing card and plate or iliatrs. 

"Residence district." 'The territory contiguous to and 

including a highway not romprising a business district 

whcn :he property an the highway I'zir a distanc~ of 300 

ieet or inir1.r i.i in tli,r main impri,\ctl with ~.rsidcnccs or 

lesidences ;nd buildings in i!;;c ir,r i;,;siness. 

"Resident." A :,ersoil riwelling ~lcrmnnently or con- 

tinuousiy for a pe:iod cx::rcuing 30 cansccutivr days 

within this Commonwe:?ltb, cxcept that n person who 

regularly dwclls in tw:i r:r tno;e statc; shall declare resi- 

dmice to he in anv one of the states. 

"Revoke." To terminale by formal action of the de-


June 8,

Sec. 

1101. Certificate of title required. 

110'2. Vehicles not requiring certificate of title. 

1103. Application fnr certificate of title. 

0 E.:.v:lmination of records upon receipt of applica- 

tion. 

1105. Issuance of certificate of title. 

1106. Content and effect of certificate of title. 

1107. Dclivery of certificate of title. 

1108. Registration without certificzte of title. 

1109. Refusing isnancc of certificate oi title. 

1110. nup!icste cEI.tiiicatc of title to replace original. 

1111. Transfer rlf ownership uf vehicle. 

1112. Disclosure of odometer reading and tampering 

with odometer. 

11 13. '~'ransfer to or fsnm manufacturer or dealer. 

1114. Trnnsfcr of vehicle by operation of law. 

1115. Correction of certificate of title. 

1116. lssuanre of new following transfer. 


sigms to a vehicle for identification purposes, or, in the (2) A golf cart, nlotiir-driven cycle, go-cart or other 

abscnce of a manufacturer-assigned numher, which the similar vehicle unless it is registered in this Commondepartment 

assigns to a vehicle for identification pus- wealth. 

poses. 

(3) A new vehicle owned by a manufacturer or regis- 

"Wrecker." A motor vehicle designed or constructed tercd dealer bcfore and until sale. 

and used for the towing of abandoned or disabled ve- (4) A vehicle owlled by a nonresident ci this Comhicles. 

monwealth and not required by law to he registered in 

this Commonwealth. 

§ 103. Uniformity of interpretation. 

(5) A vehicle owned hy a resident legally required 

This title shall hc so interpreted and construed as to to be registered in ;,nother state, based and used prineffectuate 

its general purpose to make uniform the law cipally outside of this Commonwealth, and not required 

throughout this Commonwedth and all political sub- by law to he registered in this Commonrvealth. 

divisions. 

(6) A vehicle regularly cngagcd in th? interstate 

transportatlon of pzrsiins or pioperljr for which a cur- 

$ 104. Continuation of existing law. 

The provisions of l.his title, so far as they are the 

rently efiective certificatc of title has bccn issued in 

state, 

same as those of existing law, are intended as a con- 

(7) A v,l,iclc muvell s"lciy by or 

tinuation of such laws and not as new enactments. power. 

(8) An implement of husbandry unless required to 

PART I1 

be registered. 

(9) Special mobile equ!pment unless required to be 

TITLE, ItEGISTRATION AND LICENSING registered. 

(10) A mnhile honle. 

Chapter 

11. Ccrtificate of Title and Security Interests 1 $ 1103. Application for ,certificate of title. 

13. Registration of Vehicles (a) Con~ents a:' appl1catli:n.-Appllcatlon for a certifi- 

1 Licensing of Drivers cate of titlz shall bc made upon a form prescribed and 

17. Financial Responsibility furnished by the department and shall contain a full 

19. Fees description of the vehiclc, the vehicle identification num- 

1 her, date of purchase, the actual or bona fide name and 

CHAPTER 11 I address of thc ownzr. a st-:tcment 31 r.hc title of agplicant, 

together with any other 

OF AND 

inlormetion cr documents 

INTERESTS / the dripartment rec(uire:j tu iclentify the vehicle and tu 

/ ~nahlc the departmcnt tn determine whether the owner 

Subchapter 

I 1s entitled to a certificate of title and the amount and 

A. Ccrtificate of Title 

/ description CI any security intcresls in the vchiclc. 

B. Security Interests 

I (h) Signing and fiiing of application.--Llppli~atio~~ for 

' a certificate oi title shail bc rrade within tcn days of the 

SUBCHAPTER A 'sale or t~ansfer oS a vehicle or its entry into this Com- 

/ konwealth from another jurisdiction, whichever is later. 

CERTIFICATE OF TITLE 

The application shal! be aecompanicd by the fee prescribed 

in this title, and any tax payable by the applicant 

under the laws of this Commn~,w?nlth in connection 

with thc aequisitioli or use of a vehiclr or evidcnce 

to show that the tax has been collected. The application 

he signed and by catl, or affirmation by 

the applicant if a natural person; in the ease of an as- 

, sociation or partnership, by a mr~mbcr or a partner; and 

m the casc of a cor~oratloii. by an executive officer or 

some person specifically authc~ircd by the corporation 

to sign thc applio. d t' ion. 

(c) Manufacturer's .Statement of Origin for new "ehic1es.-If 

the appiicauon reiers to a new vthiele, it shall 

$.,;dc~~m~,"'~,"h~eetlIC Statement of Or- 

(d) Vehiolcs purchased from dealers--If the application 

refers to a vehicle purchased from a dealer, the 

dea!er shall mail or deliver the application to the department 

within ten days of thr datc of purcl~asc. The 

1117. Vehicle destroyed or junked. 

application sllall contain the names and arldresses of any 

1~18, suspension and cancellation of title, lienholders in order nf priority, thc :?mounts and the 

111'3. Application for certificate of title by agent. dates of the scctlrity agreements, and be assigned by the 

dcillur to the owner and signed by the uwncr. Any dealer 

5 1101. Certificate of title required. 

violating this subsection is guilty o! a sumrnary offense 

(a) General rule.-Except as provided in section 1102 and shall, upon conviction. he srnlinced to pay a fine 

(~.clating to vehicles not requiring certificate of title), of $50 for each violatii~n. Thc rciluircment that the dealer 

?very owner 01 a vchielc which is in this Commonwealth m;lil or dcliver the nppiication to the department does 

and for u7hii:h no rertificltc of title has been issued by not apply to vehicles puruliasccl by fleet owners or govthe 

departr.l


and found to conform to the description given in the 

application. 

(3) Any other information and documents the de- 

partment reasonably requires to establish the owner- 

ship of the vehicle and the existence or non-existence 

of securitv interests in the vehicle. 

(f) For~ign vehicles owned by military personnc1:- 

If the application refers to a vehicle last previously rczis- 

tered in country by a an active duty in 

the armed forces of the United States, thc departnlent 

may accept a complete form issued by the united stirtes 

Department of Defense as cvidence of ownership. 

(g) Specially constructed or re?onstructed veliicles.. 

~f the to he tititid is a specially cullstrucLet~ or reconstructed 

vehicle, that fact be in the ap. 

plication. The dcpartmint may pronlulgalc rules and 

regulation:; in the titling of constructed 

or reconstructed rcl~icles. 

g 1104. Examination of records upon receipt of application. 

The departmmt, upon receiving an application fcr a 

certificate of title, shall check the vehicle identification 

number shown in ihc appliratiun against rLcorh: oi 

vehicles required to be mainta!ned under ~105 

June 8, 

of thz vehicle or that there are no undisclosed security 

interests in the vehicle, the department may regisler the 

vehicle hut bhall withhold issuance of a certificate of title 

until the applicant presents documents reasonably suffi- 

cient to satisly the department as to the ownership by 

the applicant of the vehicle and that there are no undis- 

closed security intercsts in the vehicle. 

5 1109. Refusing issuance of certificate of title. 

The dcpartmcnt may refuse issuance of a certificate 

of litie when it has reasonable grounds to believe: 

(1) That any required fee has not been paid. 

-, 0) That ally taxfs payahlc undur the laws of this 

~on~n~~~~~~vealth 

on or in connection with, or resulting 

from, the acciuisition or use of the vehicle have not been 

paid. 

(3) That the applica~lt is not the owner of the vehicle. 

(4) Thnt the application contains a false or fraudulent 

statcmen~. 

, (5) That thc applicant has failed to furnish required 

information or documents or any additional information 

the dellartment reasonably requires. 

1110. Duplicate certificate of title to replace original. 

(a) An.-iication for dup1irate.-In the cvent of a lost, 

(relating to issuance of ,f title, and dedroyed, deiaced, stolen or illegible certificate of title, 

the record of stolFn relluirr,j to he 

api~lication for a duplicate may he made by furnishing 

under section 7114 (=e!ating to records of stalcn 

1nformatii;n satisfactory to the department up011 a form 

If the record inciirates tha~ the veilicie is stolen, the ap. prescribed and furnished by the dcpartmcnt. The form 

pi,catio,, and accumpanying 9ocuments may be retained shdl he signed by the f~rst lienholder or, if none, the 

by the dcpartnlent pending investigation. 

owner nrej,cgal reprcscntative oC the owner, verified by 

nsth or a~ilrmation of the applicant, accompanied by the 

g 1105. Issuance of certificate of title. 

fee provided in this titie. 

(a) General ru1c.-The departmint shill file each ap- (b) Status of original and duplicate.-If the original 

plication rcccivcd and, when satisfir?d as to the genuine- i.r,rl!fi:ate of title is found aftcr the duplicate is issued, 

ness and regularity of the ap!,lication and that the ap- the original title shnll he returned to the department with 

plicant is cntitled tu the issuance of a certificate (if title, an explcnatil!n. Oniy the duplicate title is vahd once 

sh:,~ll issue a rcrtificotc c,F litie for the vehicle. I'hc de- issued. Subsequenl trarisfrr of o~vncrship can he made 

partmcnt s:~all use reaconatle diligence in asccrtaiilinfi only cn the duplicate. 

wllcther or nut the facts slat,rrl in the application are truc. 

(b) Mnintcnancc of records.-The department 

5 1111. Transfer of ownership of vehicle. 

maintain a record of a!l certi~iChtes title iSSuCd jIy the (a) Duty of transferor.-In the event of the sale or 

dep~lrtrnenl as follows: 

transfer of the o.~,'nership of a vehicle within this Com- 

(1) under a distiIlctivi. title ,,umber assigned to the monw~alth, the owner shall cxecute an assignment and 

vchlclc. 

warranty of title to the transferce in the space provided 

(2) Undci the irhiclc idcntil'tc,ation number. 

un the certificate or as thc deyartn~ent prescribes, sworn 

(3) Alphabetically. nndci. the nlrlrc uf thc owncr. to befxc a nltary public or other officer empowered 

(4) In thi: discretion 0'. the deparlmcnt, by any 

to administer oalhs, and deliver the certificate to the 

ii~cthod determined by the department. 

trmsferee at the time of the delivcry of the vehicle. 

(h) Duty of il-ansferee.-Except a:; otherwise pro- 

5 1106. Content and effect of certificate of title. 

vided in section 1113 (relating to transfer to or from 

(a) Vehivlc identilicaiirin and encumbrances.-A ccr- nlanulaciurer or dealer), the transfercf shnll, within five 

tificale of title sha!l contain such description and other day of tile asiixnment or reassignment of the certificate 

evidence of identiiicalicin cf thc vehicle for ~hich it is of titl.2, apply for a new title by presenting to the departirjsucd 

as the department may decm necessary, togeth~r mcnt thu grnycrly completed certificate of title, sworn to 

with a s1;itement of any licns or encumbrances inclnd- before a notzry public or othcr officer empowered to 

ing the names and addrpsses of the holder or holdrr,; cf administer oaths, and accompanied by such forms as the 

the lifns or encumbrances. 

dcpartmcnt may require. 

(ii) Indication ol sperial prior use.-NO person sha!i (c) Pcna1ty.-Any person violating subsection (a) shall 

assign a certificate of litle lo any vrhlcle having seaiing be guilty of o summary offense and shall, upon conviccapacity 

fir nine or lcss occupants which has been used tion, he ccnt?nred: 

a; a taxicab, fur thc carrying of passengers for hire or (1) For a first offense, to Pay a fine of $100. 

as a police car, unli,ss the certificate clearly contains (2) E'or a subscqucnt offense, to pay a fine of not less 

notice that the vchicli. has hcen so used. Indication of th;n $300 n:>r more than $1,000. 

such use sllsl! be dccmed part nf the description of thc 

vehicle. Any person violatine this suhscctian is guilty 5 1112. Disclosure of odometer reading and tampering 

rlf a summ-iry ilficnse and shall, upon cgnviction, he :.en. w~th odometer. 

icnced to pay a fin? of $50. 

(a) Statement hv tranr:feror of odometer reading.- 

(c,j certificate as cviilcnce a,,d certificate 

Each transferor of a motor vehicle shall furnish to the 

(:f l,tie jusuefl l,y the deoarimcnt is facie eoidence 

!ransEerec 21 the time of transfer a written statement dis- 

,,i :he fa2ts appeari,lg on the ccitifiratc, Tl,e certifi-ate 

closing thr: odijmeter rrariiilg of the vehicle at the time 

shall hc ajequ:ite nr!tildc,rs 3,,ri llurcha!,ers that a lie,l against 

:,hail he signed by the transi'ercr on such Corm as the dethe 

vehicle cxists. 

psrlmunt may prescribe. 

(b) Statem~nt when actual mileage unknown.-If the 

5 1107. Delivery of certificate of title. 

tral:sfzri,~. knows that the cdometer rcading differs from 

The ccrtilicale of title hr: mailt!d to the first lien. '.he n:,mbe~. of m;l!?s the vi,hicle has actually traveled, and 

haldcr or mrumb:.ancer named in the certificate or, if that the difference is greater than that caused by odometer 

thcre is no 1:cnholdi.r or i,i;cumbrmirp, the title shall bp r;,libration crror, :he lranslernr shall inclnde a statement 

mailed or diilivercd to ihe owner in accordance with the that the ac!u;il vchi-le rnilcage is unknown. 

dep3rtment regulations. 

(c) Tampering with odometer.-Except for purposes of 

repair or replacrment. it is unlawful for any person to 

$ 1108. Registration without certificate of title. 

disconnect, turn back, tamper with or reset an odometer 

If the department is not satisiied as to the ownership of any motor vehicle.

1976. LEGISLATIVE JOURNALHOUSE 5 169


the requirements of sectirin 7309 (relating to junking of Lessors may authorize fleet owners to make application 

vehicles va1uele;s except for junk). exce~t that the re- 1 for certificates of title for leased vehicles for periods of 

port to the dcpartmt.nt that the vehicle


(2) :f the security interest was perfected under the lavr (2) The ownw may mail or delivcr the certificate of 

of the jurisdiction wherc the vehicle was located when Gtle with proper evidence of satisfaction of the security 

the security interest attached, thc following r~iles apply: interest to the depnrtmmt which shall issue a corrected 

(il If the name of the lienholder is shown on an certificate of title without a statement of liens or encumexislinq 

certificate of title issued by the jurisdiction, hrances. The corrected certificati! of title may also be 

the security interest continues perirmted in this Com issued when the ontst.anding certificate cannot be remonmcalth. 

turned and proper evidence is produced that all recorded 

(ii) If the namr of the li~nholder is not shown an s~~c~ll~it:~ interests have her17 satisfi~d. 

an existing certiiirate of title iss~ied by thn: itlris- (h) Prior or subsequent liens.-Where there are suhsediction, 

the security interest continues perfected in (iilcnt Iierls upon a vehi-le or tk.2 lien to he released is 

this Cnmmonwealtb for four months aftcr a first, 110t :t first lien, the following rclrs apply npon the satiscrrtificaic 

of title of the vehicle is isslled in this fadion of n securitv intrrest in the vehicle: 

Conimonwralth, and, thcrt,after if. within the foilr- (1) If the lienhol~lrr whose sfcur;ty inter& is satisfied 

monlh ljericd, !t is ijerlerted in this Cnmmnnw~a1f.h has possession of the certificate of title, the lienholder 

The se-urity interest may also hr perfected. in th:s shall mall or delivcr thc rertilicatp of title, immediately 

Commonwealth after the expiration nf the four-month 11P"n satisfaction, to the department, with proper evidencr 

period in which case perfection dates from the time 0; satisfaction and release 111 tho sec~~rity intereqt. A 

of perfection in this Commonwealth. 

corrected certificate of title, conf.ainin a statement of 

(3) If the security interest was not ivi.fectcd ondcr the 'cmaininir security interests cn record, shall he mailthe 

law of the jurisdiction wherr ihp vi,hicle waq lnrstprl rd hi- lilt Plrtment to the person holding t!ie next lien 

whpn the security interest attached, it may he perfected llpon the vchille. 

in this Commonweallh in which case !~crfcctinn datr's (2) Uimn the satisfactio~~ i,f a security intzrest in a 

from thc time of prrfectir:n in this Commonwealth. vchiclc ffir whirl: the certificate of title is in the pos- 

(4) A spcurity intcrest may hc i;erfectcrl ilnder pa1.a- 'L'ssinn ol a prior lienholder, thc lienholdcr whose securgraph 

(2) (ii) or paragraph (3) either as provid~d in sub- l!~ illtc'rcit is satisfied shall, immedintely upon satissecl,ion 

(h) or h.1 thc lienholdcr deliverin: tr, the denart- f"~ti~n, mail or deliver to the owner prilper evidunce of 

ment a niilice nl scc~irity jntei-psi in the fnrm the (!qmrt. thi' salisfa?:'lln 2nd releilse of the security interest. Upon 

ment prescrihes together with the required fee. rcqlirst of the owner and receipt ol the release, the lienhrilder 

in i?os:'ession of the rertificatc of title sh:rll mail or 

$ 1133. Creation nf security interest for titlrd 7.-ci-ir1r. cotion il t!ic pcrson deliv~rs the certificate of title 

(c) Endorsement and delivery of ci.r:ificatc, upon to the dcpartmint within flve days of the satisfaction of 

receipt of the rertilic-ir oi title. applic:ition ancl the re- c3" lien. 

qnired fccs, the department shall endrirsr on th? r.?isf.ing 

..,~rtificate of title, or ?n a new cr:r?,ific;i:e which it thin 

I:3G, Duty of lienhr,lder to clisclose pertinent 

maiion. 

issues, the name and ao'drejs nf all secured portics and 

lienholder na,,,ed in a of shall, 

shn!l mail the ecrlificntu of title to the firs! !icnholdvr 

named in the rerti'icate. 

writir,l rt'rlurst oC owner or of anothEr lienholder 

?lamed (in tbe certificatc, disclose any pertinent informa- 

6 113~. !.ssignmcnt hg licnholiifr or sccllriiy in:crr..t ti"" as to the security agrecmcnt and the indebtedness 

(a) Gcneral rule.- A lienholdrr may nssign, absolutely "'c'"'ed the agrecnlmt. 

or ath~rwise, his security interest in the veh;cle to n p?r- ; :;ubr,.z:,ter e..clusive in- 

:ion othcr than thc ownm without aCfcrting thr interest trrust. 

of thc owner or the validity of the security intcrcsf b71t ~ h mptilod , 

any person without notice of the assignment is protected 

in this subchapter for perfecting 

and giving notice of security interests is exclusive, 

in dealing with the lienholder as the holder of thr. 

sccarity interest and the lienholder remains liablr for g 1138. ~cratio~ of lien on ccrtificnte of title, 

any obli~?atinns as lienhrllder until the assignee is namrd (a) ~er:'ral ,.uiu.-~ security interest recorded on a 

;IS liiinholder on the certificate. 

certificate of title is effective for a period of five years 

(b) ntity uf ;is:;ignee.--1hc z~ssiznee shall deliver to r::!iillg frunl the time of perfection as provided for in this 

the department the ccriificate oi title and an nssignm~nl suhcliapter. 

by the he~holder namcd in the certifiuate of title- on a (b) Renow,?l o? lien.-The effectiveness of a lien refvrin 

pres?riherl an6 famished by th? department and :orttcd 'Jn the certificate of titlc lapses on the expiration 

accomp:inied by the required fee. 

ol the periods speciricd in subst:ction (a) unless a contilmniicn 

s!atr-munt is filed within the six n7onths imme- 

S 1135. Satisfaction of securit.~ interest. 

diately preceding expiration. The lien may be renewed 

(a) Ahsrnce of subsequent 1ieili:-Whcre thcre nrc no for as many one.year periods as may he necessary by 

suhscque~lt liens upon n vrhiclc, thp following n~lei: /the holder "f the security illterest a form furnished 

spply upon the satisfaction of a security interest in the I , ~ r,,, derarlrnent s,gni.d by t:le srcurt,d party 311d aC. 

vehicle: I,, ,;~~t~,;i!r:cd . by the . . :fe prwlacd ., in . th:s . tltle. . 

(!) The o~itstanding certificaie of title sl?a!l hc mailpd (c) Correcii!d certificate when lien ex~ires.-h corc,r 

delivered immediately to tlic ou.n?: of the vehiclc / rrictccl ccrlificatc of title without a stnterccnt of lirns or 

with proper evicience of satisfaction and release i:r the ; crrcun~branccs shzll he issued by thc department, upon 

liei~hnlder may apply for corrected title to be issued in the :eq:ii.st of thr on-ner, when the security intercsts rethe 

name of the owner. 1 corded on the ccriificate of title have expired.


1 CHAPTER 13 (7) Any vehicle moved solely by human or animal 

power. 

REGISTRATION OF VI3HICLES (8) Anv self-nronelled invalid wheel chair. 

i9j Any mabile Lome. 

Subchapter 

(c) Certificate of titlc required.-No vchicle shall he 

A. General Provisions 

registered unless a certificate of title has been obiained. 

B. Registration Plates 

if one is required by Chapter 11 (relating to certificate of 

C. Violat~ons and Suspensions 

title and security interests) 

SUBCHAPTER A 

1 8 1303. Vehicles of nonresidents esempt from registrati"" 


(a) General rule.-A nonresident owner of any foreign 

veliiclc may operate or permit the opera:ion of the ve- 

Sec. 

hicle within this Comrlonweal!h nithn:lt registering the 

1301. Driving unregistered vehicle prohibited. 

vehicle in this Con:monu~calth or naplni: ;!ny ire- to the 

1302. Vehicles subject to registration. 

Commnnwcalth, providrd thp rehirle at 211 1irnt.s w!~en 

1303. Vehicles of nonresidents exempt from registration operated in this Commonacalth is d~ily registered and in 

1304. Registration criteria. 

full crimpliance with the rel.iitrai.inn reriiiir~rnenis of the 

1305. Application for registration. 

lllzce of st.sidence of the owner and further provided the 

1306. Grounds for refusing registrati~n. 

vehicle is not: 

1307. Period of registration. 

(1) used for the transportation of persons for hire, 

1308. Issuance of registration card. 

compensation or profit; 

1309. Renewal of registration. 

(2) regularly operated in carrying on husiness within 

1310. Temporary registration cards. 

this Commonwealth; 

1311. llcgistration card to he signed cnd exhibited on (3) designed, used or maintained primarily for the 

demand. 

transportation of property for hire, rompensation or profit 

1312. Not'ce of change of name or address. 

and not suhject to reciprocity under section 6144 (re- 

1313. Dllplicate rexistration cards. 

lating to vehicle registration and licensing) or 6149 (re- 

1314. Transfer of rei:istration. 

lat'ng to automatic reciprocity); or 

1315. Operation of vchicle following death of owner. (4) speclal mobile equipment if not also reouircd to he, 

131~6. Department records. 

and actually, registered under the laws of the place of 

5 1301. Driving unregistered vchicle pr~~hih!t?cl. residence of the owner. 

It is a silmmary offfnsc for any prrson to drive or for (h) Trans~ortation of personq for hire, compensation 

0' an owner knowingly to permit to be driven upon anv profit.-Every owner nf a foreign vchirlr oprrnted 

highway any vehicle of a type reqllirfd to b2 re?istrrr.$ within this Commonwealth for the tran?portation of ~er. 

under this ch3pter is not regicterpd or for which 50n~ff01' hire, colnnensation or prolit cither rraularly 

the appropriate fee hrs, not heen paid when slid rr.. 

'ccord'n~ to srhedule or fnr a period oxc~cding 30 days 

quired in this title. 

in the calendar gear, i~nless exempted frr:ni registratlnn 

nnder the terms of a rec:vrocity agrec.mrnt or p:~rsu:lnt 

1302. Vchicles suhicct to registration. 

lo the act of August I, 1963 (P. L. 479, No. 250). r~lating 

(a) General rule.-No vehizle shall bz operated ~~pon to Bus Taxation Proration Agreemrnt, shall rrgisl~r the 

zny tsighway in this Ccmmonwcalth until the veh;c!c i- ;.e!ri?ie -ccording to ihr llu.. i~f thir C:>rnmonwcal!h. 

properly rugirtered with the department as provided il? (c) Carrying on busincrs in this C::mmonweal!l?.this 

chapter. 

Every nonresident, including any foreign corllnrntl~n, 

(h) ,E~c-~,tions.-Subscclion (a) does not apply to the carrying on husiness within this Commonwealth and 

iollowmg: 

operatins? in the business rny vehicle wilhir this Com- 

(1) Any vehicle in conformance with the provisions of monwt-alth, unless exempted from rrqistration i~.nder the 

this chapter relating to dealers, persons regis!ercJ undcr terms of a reciprocity agret-ment, shall be reouirecl to 

any of the miscellaneous motor vehicle business classes reqister each such vehicle according to the laws of this 

or nonresidents. 

Commonwealth. 

(2) Any irnnlement of hushandry or trailer determine8 (dl Members of armcd forces.-A mrmher of the 

by Lhe department to be uscd cxclusivrly for agrii~~ltura' armed forces of the Uniter! States who is scrvinr: on 

operations ancl only incidentally operated upon liighw:i)s active duty in this Commonweultli nerd not register a 

(i) A certiiicatc of exemption shall he required personal passenger vehicle in this Conirnrrnwealth if the 

for trailers. 

vehicle is registered in the state oS his residence. 

(ii) Vehicles exempt from registration under thi? (e) Trailer as part of regist~rrd con;hina!ion.--Any 

paragraph shall he used exclusively upen a farm or motor vehicle registered as n combination in this Comfarm 

owned or operated hy the owner of the ve- monwealth may tow a trailer registered in anothcr state 

hicle or upon highways between: 

provided: 

(A) Ibrls of one farm. 

(1) the owner has as many trailers registered in this 

(B) Farms lorated not m:ri.c than 25 miles apart. Commonwealth as combinations so registered; or 

(C) A farm and a place of business located (2) the towing vehicle is heing operated unclrr a pcrwithin 

a radius of 25 mi!cs from the farm for the mjnent lease to a person meeting the requirements of 

pur:>ose oS buying or selling agricultural commodi- paragraph (1). 

ties or supplies or for the mspection, repair or 

servicing of the vehicle. 

9 1304. Registration criteria. 

(3) Any self-propelled golf cart used for thr trans (a) General rule.-Except as othrrwise provided in this 

portation of pursons ensaged in the game of golf while section, vehicles shall he registered for a flat fee. 

crossing any public highway during any game of golf. (h) Classification of vehicles.--The department may 

(4) An," vchic!e moved by special permit pro.7idrd identify vehicles by type as to weight, design, loading, 

for in sections 4965 (relating to single permits for multiple use, ownership or other significant characteristics for 

hiqhway crossings), 4'366 (relating lo permit fcr mqrc- pllPpOses of registration. 

men1 of quarry equipment), and 4970 (relating to prrmi! (c) Trucks, truck-tractors and trailers.-The departfor 

movement of utility construction eqiiipment). ment shall register truclcs, truclc-tractors and trailers at 

(5) Any vehicle registered and displayir~~ platcs issu.~d the gross weight requested by the applicant, ~rovided 

in a foreign country by the armed forces the united thxt the weight is not gr!aler than allowed in subsection 

Statrs ior a period of 45 days from the date of the return (d) or less than allowed in subsection (e). 

of the owner to the United States. 

(d) Maximum registered gross weight -No truck, 

(6) vehicle owned by a resident legally required truck-tractor or trailer shall he registered at a gross 

to be registered in another state based and used prin. weight in exccss of the lowest of: 

cipally outside of this Commonwealth. 

(1) the limiting weights established on the basis of axle

load, tire load, horse power or gross weight by type of 

vehicles; 

(2) thc gross vehicle weight rating assigned by the 

manufacturer; or 

(3) a combination weight greater than the gross com- 

bination weight rating. 

In the case of a vehicle in which no gross vehicle weight 


that the application contains false or fraudulent infor- 

mation, or that the vehicle is stolen, which fact the 

department shall ascertain by reference to the stolen 

vehicle file required to be maintained under section 7114 

(relating to records of stolen vrhiclcs), or that the grant- 

in? of registration would constitute a fraud against the 

ri:htful owner or other person having a valid lien llpon


June 8, 

who shall have the authority to issue them in accordance on the transferring to a type or class of vehicle requiring 

with regulations promulgated by the department. / a lower fee. 

(b) Duration.-Temporary registration cards shall be 

valid for such period as the department shall desienate. 

(c) Charges by designated anent.-A designated agent 

may not charge any fee lor issuing a temporary reizistra- 

tion card other than notary fees. 

# 3 Registration card to he signed and ~rhibilrd on 

demand. 

(a) Siening card.-Upon receiving the reqistration 

card or any dap1ic~t.e. the registrant shall sign his name 

in the space provided. 

(b) Carrying and exhibiting card.-Every registration 

card shall, at all times while the "chicle is being operated 

upon a highway. he in the noqsession of the pprson drivine 

or in control of the vehicle or carried in the vehicle 

and shsl~ ?~h;hit~d demand "f offirpr. 

(c) Produrtion to avnid penalty.-No person shall bc 

convicted of violatinn this section or sectinn 1302 (relatinq 

to vehi"1es subject to registration) if the person 

producps at the offire of the is-line nllthorit.~ or at the 

office of the arrestin< police officer within five days of 

the violation, a regi-trqtion card va?id in this C(1mmonwealth 

at the time of the arrest. 

$. !'312. Notice of rhanoe of n?me or address. 

An" perqnn whose ?rlrlr~sq iq chrlnsod from the pd- 

dresc nxmed in the annlication for rcnistration or on the 

registratinn card or whose name is rhaneed shall, within 

15 days. notify the denartment in writing of the old and 

new address. or of such former and new namps. and of 

the nnerstnr's number on any resistration card then held 

by the person. 

5 1315. Operation of vehicle following death of owner. 

When the owner of a vehicle is dcceased, the vehicle 

may he operated hy or for any heir or personal representative 

of the decedent for the rcmaind~r of the cur- 

rent registration period and thrnueho~~t the next following 

registration period, provided that the registration is 

rrnrwed in the name of the drredent's estate as otherwise 

required by this chapter. Registration may continue to 

he renewpd thereafter in the name nE the decedmt's 

estate by any person entitled to the family exemption 

until the final account is approved by the court. 

6 1316. Department records. 

The department shall maintain suitable records in a 

manner permitting identification of vehicles and owners, 

~ncluding: 

(I) All registrations and transfers or registrations 

issued. 

(2) ,qll and transfers of registrations denied 

and reasons for denial. Registrations and transfers 

returnEd for of errors or not 

be recorded. 

SUBCHAPTER B 

REGISTRATION PLATES 

i;: tff f$gtf,";i,"," 

1333. Lost. stolen. damaged or illegible registration 

(c) -~emporary registration plates.- he department 

6 1314. Trqnqfer of Registration. 

shall provide temporary reqistration plates for use on 

(a) G~neral r11le.-Re~icfration and r~eistratinn plat~s which arc to be removed from this Commonmay 

be transferred to anothpr vehicle owned or leased hv wealth or for use as necessary pending issuance permathe 

registrant, or to n vrhirle owned nr leased by the nent registration plates, 

spouse, parent or child of the r~gistrant. 

(h) Prorednre for transfer.--Tn ordrr 

(d) Reflectorizing material on plate.-All registration 

to i.rnnifer reeiq- plates, except temporary plates, shall be treated with 

tration and registmtion nlates, the transfm~r shall apnlv rcflectorizing material in accordance with standards apfnr 

a trmporarv reqistration card in acrordanne with sec proved by the department. 

tion 1310 (r~latinrl to temporary registration rards) and 

simultanpously apply for transfer of r~yistratinn under (e) Issuance of plates by agents,-The department 

this section. 

may deliver registration plates, other than special plates, 

to designated agents, who shall have the authority to 

(c) Same vehicle type.-If the transfer is within the issue them in conjunction with the issuance of temporary 

same vehicle type, the transferee shall retain the reJ?lqtra- 1 reglstratlon . . cards. 

tion plate previously issued, unless lost or destroyed. A 1 

new registration card shall be issued by the department. 8 1332. Display of registration plate. 

(d) Different vehicle tvne.-If the transfer is to annther I la) General rule.-Every registration plate shall, at 

vehicle type. il new registration plate and card shall he 1 all times, be securely fastened to the vehicle to which it 

issued to the transfrree. 

The previouil" isri~ecl @ate / isassigned or on which its use is authorized in accordance 

shall be returned to the department for cn?ccllatlon ,m- with regulations promulgated the department. 

mediately upon receipt of the new re.zistration nlate, (b) Obscuring plate.-It is unlawful to display on any 

unless lost or dcstroyed. Tn addition to the transfer fee. vehicle a registration plate which is so dirty as to pre- 

the transferee shell pay the difference in registration fees i vent the readlng of the number or letters thereon at a 

when transferring registration to a type or class of ve- I reasonable distance or is,otherwise illegible at a reasonable 

hicle requiring a higher fee. No refund shall be payable 1 distance or is obscured In any manner.


Q 1336. Use of dealer registration plates. 

(a) General rule.-Dealer registration plates may be 

used on any vehicle owncd or in possession of a dealcr 

or manufacturer and operated by the sealer or manufacturer 

or their employees only when the vehicle is used 

for any of the following purposes: 

(1) In the busir~ess of the registrant as a dealer or 

manufacturer. 

(2) For the personal pleasure or use of the dealer or 

members of his immejiate family, or when the dealcr 

is ? cor~cration, for the pefsopal P ! ! ~ Or. ~ use ~ ~ of ~ the 

off~cers or members of thcir immediate famllles, or for 

JOURNAI-HOUSE 5175 

S !313. Lost, stolen, damaged or illegible registration (4) For testing vehicles in the possession of the dealer 

plate. 

or manufacturer. 

(a) Application for new plate.-The registrant of the (5) For demonstrating vehicles in the possession of 

vehicle shall within 48 hours of discovering the loss, the dealer or manufacturer. 

theft or defacement apply to the department for a new (6) For loaning to customers whose vehicles are beplate 

and report the loss or theft of a plate to the police. ing repaired. 

(h) Suhstitute registration.-Where the registration (7) For loaning to prospective purchasers for a period 

plate has been lost or stolen and in any other case in not exceeding five days fur the purpose of demanstratwhich 

the department may deem it advisable, the original ing vehicles. 

registration shall he canccllcd and substitute registration (b) Records.-Records shall hz kept by the dealer 

issued under a new registration number other than that in a manner prescribed by the dspartment indicating 

originally issued. Upon receipt of substitute registration, which vehicles have been used as provided in subsection 

it shsll be the di~ty of the registrant to return the old (a) (3) (6) and (7). The records shall be open to inspecregistration 

plates and card to the depa~.tment, unlsss lost tion by representatives of the department and police ofor 

destroyed. 

ficers. 

(c) Affidavit to avoid penalty.-No owner or operator 

of a shall he subject to a fine for the reason § 1337. Use of "Miscellaneous Motor Vehicle Business" 

that the registration plate is missing if they have in registration plates. 

their possession an affidavit that the plate was lost or (a) General rule.-The department shall issu: to ownstolen 

and that application for new platf or plates was ers of miscellaneous motor vehicle businesses special regmade 

within 48 hours zs required in th:s section. istration plates which may be displayed on vehicles operlted 

on highways in lieu of registering each vehicle in- 

5 1334. Return of registration plate. 

dividually in accordance with the requirements of sectinn 

(a) Gcneral rule.-Registration plates shall be returned 1302(a) (relating to vehicles subject to registration). 

to the department undcr the following circum~tances: Registration plates issued undcr this section may he used 

(1) A registration plate shall be returned if the regis- only when the vehicle is used for any of the following 

trant no longer has a vehicle titled in this Commonw~alth purposes: 

(2) A legislative registration plate shall be returned (1) In the conduct of the miscellaneous motor vehicle 

on the expiration or termination of the term of officc husiness. 

of the legislative member. 

(2) For the personal pleasure or use of the owner 

(3) A dealer or "Miscellaneous Motor Vehicle Busi- of the miscellnneous motor vehicle business or members 

ncss" rcgisiratian plate shall hc returned if the husiness ,f their immediate family, or when +,he business is a 

is discontinued. 

corporation, for the pleasure or use of not more than 

(4) A handicapped registration plate shall he returned three officers or members of thpir immediate families, 

if the person to whom it was issued no longer qualifis 

und~r spction 1338 (relating to handicapper1 plate). 

or fur the personal use "f the regular employees of the 

business when operated by the employee. 

(h! Time for return of plate.-Each registration plate 

rcrlu!red to be returnEd ijnCler this sh:,ll he re. . (b) Application for rr~istration.--A~plicat'on for regturnc,j 

to the department within five days of occur. 1stration in any of the "Miscellaneous Motor Vrhirlr Rn~ircnce 

requiring its re!urn. 

niss" classes shall br made upon a form provided by the 

(c) accompanying rrturned plate.-.~arh department and shall set forth the full name and hosireturned 

registration plate shall be accompanied by a ness address of the applicant and surh cthcr information 

statement of the for the of the plate and 

asthe department shall renuire. The anplication shall 

the date of the occxrrence requiring its return. 

he vcrified by the oath or affirmation of the apnlicant or, 

if the applicant is a partnership or a corporation, by a 

$ 1335. Rug;stration pl-tes far manufacturers and dealers. Partner or officer. 

(a) General rule.-The department shall issue to deal- (c) Classes of "Miscellnneous Motor Vehicle Busicrs 

and manufacturers licensed by the State Board of ncssn.- 

Motor Vehicle Manufacturers, Dealers and Salesmen of (1) ~ ~ service ~ and towjng,-i\ny ~ i ~ , engaged 

the Department of State special registration plates which in the repair, service or towing of motor vehicles. 

may he displayed on vehicles operating on highways in 

lieu of registering vehicle individually in acrord. 

(2) Vehicle snlva~e dealer.-Any person who mainof 

section 1302(a) (relating 

tains an established place of business and who is engaged 

to vehicles subject to registration). 

m the busincss of buying, selling or exchanging used, 

(b) Applicat,,,n for dealrr 

wrecked or abandoned vehiclrs and junkers for the purregistration 

shall be made by the dealfr or manu. 

pose of remodeling, taking apart, or rebuilding the same, 

facturer on a form provided by the department tngcther 

" 'Wing Or Of parts. 

with a ropy of his license from the State Board of Motor (3) Transporter.-A person regularly engaged in the 

Vchicle Manufacturers, Dealers and Salesmen. 

business of transporting new vehiclcs or npw and used 

("1 ti^^ from individual registration.-vehicles trailers on their own wheels, owned by or in possession 

displaying dealer registration plates may he operated on of a registered dealer. 

the highway without registering each vehicle individually, (4) Financer or collector-repossessor-A person who 

provided that the plates are used in accordance with the is duly authorized tn do husincss in this Commonw~alth 

limitations of section 1330: (relating to use of dealer regis- as a financer or collector-reposse:sor and who is regutration 

plates). 

larly engaged in the business of financing sale& making 

loans on the security of vehicles or repossessing vehicles 

which are the subject of installment sales contracts as an 

independent contractor, 

8 1338. Handicapped plate. 

On the application of any person who: 

(1) does not have full use of a leg or both legs or an 

arm or hoth arms; 

(2) is blind; or 

(3) is in loco parentis of a person specified in paragraph 

(1) or (2); 

the department shall issue a special registration plate 

for one passenger car or other vehicle with a registered 

the personal use of the regular employees of the dealer., gross weight of not more than 9,000 pounds, designating 

(3) For teaching students enrolled in an approved'the vehicle so licensed as being used hy a handirapped 

driver education course how to operate a vehicle and for / person. Special plates for handicapped persons may also 

the new driver to take an examination for a driver's li-! he issued for vehicles operated exclusively for the use 

cense. 1 and benefit of handicapped persons.

5 1339. Legislative plate. 

Upon application by a member of the General Assembly 

of the Commonwealth or the Congress of the United 

States, the department shall issue special registration 

plates ihdicating that the vellicle is owned by a member 

of the Pennsylvania or United States senate or use 

of Representatives, as appropriate. 

5 1340. Antique and classic plates. 

(a) ,General, rule.-Upon submission by a vehicle own- 

er of lnformatlon satisfactory to the department that a 

motor vehicle is an antique motor vehicle or classic motor 

vehicle, accompanied by the app~opriate fee, the depart- 

ment may issue special plates for the vehicle. No annual 

registration fee may be charged for antique or classic 

motor vehicles. 

(u) Use of plates.-It is unlawful for any 

operate a antique or 

plates for general daily transportation. permitled 

shall be limited to participation in club activities, ex- 

hibits, tours, paradcs, occasional transportation and sjm. 

ilar uses. 


SUBCHAPTER C 

VIOLATIONS AND SUSPENSIONS 

June 8, 

See. 

1371. Operation following suspension of registration. 

1372. Unauthorized transfer or use of registration. 

1373. Suspension of registration. 

1374. Suspension of vehicle business regiztration plates. 

1375. Suspension of registration of unapproved carriers. 

1376. Surrender of registration plates and cards upon 

suspension. 

1377. Judicial review of denial or suspension of regis- 

tration. 

5 1371. Operation following suspension of registration. 

(a) General rule.-No person shall operate and no 

owner shall permit to be operated upon any highway a 

vehicle the registration of which has been suspended. 

(b) Penalty.-Any person violating this section is guilty 

of a summary offense and shall, upon conviction, be 

senlcnc~d to pay a fine of not less than $100 nor more 

than $500.


(7) Any fee payable to the Commonwealth in connection 

with the operation of the biisincss of the registrant. 

has not been paid. 

(b) Rccommendcd action bv State licensing board.-- 

The department may also aiidit and inrrsticate dr:~lnrr 

and manl~factllrers rcifistcrcd hy the State R-ard of Mntni 

Vehicle Man~lfactnrcrs, Denl~rs and Salesmrn to determinr 

whether any dralrr ov manufacturer has ;:io!nt'.cl 

an? provision of this title pertaining to dealers or manufactnrers 

z,r any rre~ilaticn pTomI!!ca?-d hr. :I,-, drpal? 

ment. The rirpartmfnt mzy recormnrnd th?! the Stat

LEGISLATIVE JQURNAL-HOUSE 

only upon showing a satisfactory understanding of official 

traffic-control devices. A nonresident may only 

drive the class or classes of vehicles in this Commonwealth 

for which the person is licensed to drive in the 

person's hcme state or country subject to all restrictions 

contained on the license. 

(4) Anv nrlrson on active duty in thc armed forcrs of 

the Uniteti Statrs who has in their immediate possession 

a valid driver's licensc i5siled in a foreign rountry by the 

armcd forrrs of thr Unitcd Sta1.e~ mny opprate n motor 

vehicle in this Commonwealth for a period of not more 

than 45 days from the date of the person's return to the 

United States. 

(5) Any pcr?on 14 yrars ni age or older operating an 

implement of husbandry. Persons 14 or 15 years of ace 

are restricted to the operation of implements of hushandry 

on one and two lane highways whirh bisect or 

immedialcly adjoin the premises upon which such person 

resides. 

6 1503. P~rsnns inelirrible for licensing. 

(a) G~neral r11le.-Thu dppartment shall not im:e any 

driver's lirr:rse to, or renew the driver's license of, any 

person: 

June 8, 

member of a volunteer fire company authoriz,ed by the 

fire chief to engage in fighting fires, engagcc? in pliblic 

nr charitable service or employed and they arc carrying 

an aifidavit signed by thrir fire chlcf. supervisor or cm~ 

u10ycr indicating the prohahle schcrlrllc of thrir a-lirities 

Upon terminotiou of the jilnior dri:,cr3s actirily or cm- 

ployment, the junior licensrf shall silrrcndrr the affi- 

davit to the fire chief, super.~i?or or ~mp1ovi.r. If thn 

junior licensee shall fail to ~iarcnder thr nfficiavit. !he 

emlIloyer, fire chief or supervisor shnll imrnecliat~!,~ 

n(!tify the Pennsylvania Statc Police. 

(3) In addition to the other provision- this tii.1~ 

rclal.ine to the suspension or revocation of oacratine 

privileges. in the event that n lic~nsed i~lnior clrivpr is 

invrllved in an acrirlent for whir,h th~v ;,rr p~rtially nr 

fully rpsponqible in the opinion of thp clrpnrtm~nt or 

is convicted of any violation of this title, the B~nartmrnt 

may suspend the operatin,% privilrecs ol srlrlr person 

until the p~rson attains 18 years of a:r nr for n p~riotl 

of timc nnt evccrrling 90 days. 

(4! Any iuniqr licensee or olher nersnn i.iol:~tinfi anv 

nrov~sinn of this suhs~rtion is g~'lty of 1 c,lmmar,y of- 

(1) Whose operating privilege is sllsprnti~d or revoked S 1.504. Classes of licenses. 

in this or any other state except as otherwise nrovided (a) Proper class of license rea11ircd.-No perqnn shall 

in this title. 

dr.ive an" motor vehic!~ upon n hizhwny in this Cnm- 

(2) Whose operating privilege is usnended or revoked mnnwealth unless the person has a valid driver's licrnse 

in any other state upon grounds which would authorize for thr type or clas? of vehicle heing ririvr~n. 

the susoensian or rcvocation of the operatinp privilege (b) Notation of class nn 1icensc.-The dril:irtmrrt ~lpon 

s~nder this title. 

issuing a driver's license shall indicate on thr lir~nsc the 

(3) Who is n nsrr of alcohol or any controlled substance type or general class or classes nf vehirlr or vrhiclr- thto 

a degree rendering t.hc user incapable of safely driv- licrnsee may opcrate in accordanre wilh the provisions 

ing n motor vehicle. This paragraph does not apnly to of srihs~ction (c). 

any prrson who is rnrnlled nr otherwise particinatinz in (c) Ql~rlificatinns of apnlicants-Thc dcpar.tment shall 

a methadont? or othei.


license with only that qualification endorsed on the 1 conserts to the issuance of the driver's license or learner's 

motoriked ncdalcvclr shjll have that r~aalilirxtkq en- 1 Years for a driver

LEGISLATIVE JOURNAL-HOUSE

-- -- 

5 1534. Notice of acceplance of Accelerative Rehabili- 

tative Disposition. 

If a person is arrested for any offense mumerated in 

section 1532 (relaling to rcvoration or suspension af op- 

erating privilege) and is offcrcd and accepts Accelerative 

Rehabilitative Disposition under the I'ennsylvania Roles 

of Crimical I'roccdure, the court shall promptly notify 

the department. 


5 1535. Schedule of convictions and points. 

(a) General rule.-A point system for driver ~dllcation 

and control is hereby established which is related to ather 

provisions for use, suspension and revocation of the 

oncrating privilege as specified under this title. Every 

driver licensed in this Commonwealth who is convicted af 

any of thc fallowing offenses shall be asscesed points as 

of the date of violation in accordanre with the following 

schedule: 

Sec. No. Offense Points 

1512 Violation of restriction on 

driver's license. 

1571 Violations concerning licenses. 3 

3102 Failure to obey policeman or 

authorized person. 2 

3112(a) (3) (i) Failure to stop for a red light. 3 

3114(a)(l) Failure to stop for a flashing 

red light. 3 

3302 Failurc to yicld half of roadway 

to oncoming vehicle. 3 

3303 Improper passing. 3 

June 8, 

Section 7122 (relating to altered, forged or counterfeit 3304 Other improper passing. 3 

documents and plates). 

(b) Suspension.- 

3305 

(1) The department shall suspend the operating privi- 3306(a) 

lege of any driver for six months upon receiving a certified 

record of the dr/ver's conviction of any offense under 330G(a) (2) 

the following provlslons: 

Section 33fi7 (relating to racing on highways). 3306(a) (3) 

Section 3731 (relating to drivlng under influence of 

alcohol or cnntaolled substance). 

3307 

S-ction 3733 (relating to fleeing or attempting to elude 3310 

x. nnlire - - . - - nfl'ir

1976. LEGISLATIVE JOURNAL-HOUSE 5 183 

5 1537. Removal of points. 

(a) General rule.--Points recorded agaicst any person 

shall he removed at the rate of three points lor each 12 

consecutive months in which such person has not com- 

mitted any violation which results in thp a.signment of 

poinls or in susliension or rcvocation under this chanter. 

Removal of points is governed by the date of violation, 

(h) Subsequent accumulation of points.-When a 

driverss record is reduced to zero points and is maintained 

at zero points for 12 consecutive months, any accumula- 

tion of points thereafter shall be regarded as an initial 

accumulation of points. 

s 1538. School, examination or hearing on accumulation 

of points or excessive speeding. 

(a) Initial accumulation of six points.-When any per- 

son's record for the first time shows as many as six 

poinls, the department shall require l.he person to attend 

an approved driver improvement schnol or undergo a 

special examination and shall so notify the person in writ- 

in:. Upon satisfactory attendance and romplctiun of the 

course or tipon passing the special examinatiov, two 

poinls shall he removed from the person's record. Failure 

lo attend and satisfactorily complete the reoiliremenls of 

lor a period not exceeding 15 days. 

The may effect Or the 

m~ndntions of the hearing examiner hut may not impose 

any sanction not recommended by the hparing examiner. 

(3) Upon completion of the sanction or sanctions im- 

posed by the department, two points shall be removed 

from the person's record. 

(4) Failure to attend thc hearing or lo attend and 

sai"isfactorily cnmplete the requireme11t.s of a driver im- 

prox:cment schpol shal! result in the suspension of such 

porron's operatmg pnvlleqe for 60 days. Failure to pass 

:!n examination shall result in the suspension of snch 

i~cr::on's operating privilege until the examination has 

been satisfactorily completed. 

(c) Subsequent accumulations of six points.-%'hen 

any person's record has been reduced below six points 

and for the third or subsequent time shows as many as 

six ~oints. the department shall require the driver to 

attend a departmental hearing to determine whether thc 

per3on's opcrating privilege should he suspended f(lr a 

period not to exceed 30 days. Failure to attend the 

(3) Failure to attend the hearing or to attend and 

satisfactorily complete the requirements of n driver im- 

provement 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 

per:;on's operatillg privilege until the examinntion has 

been satisfacforily con~pleted. 

$ 1539. Slispension of operating privilege on accumnlation 

of points. 

(a) General rule.-When any pcrson's record shows an 

accumulalion of 11 points or more, the department shall 

suspend the operating privilege oi the person as pro- 

v;ded in s~~bsection (h). 

(h) Duration of suspensiun.-The first suspension shall 

hc for a period of 5 days for each point, the second 

su:;gensir,n siiall be for a period of 10 days for each 

point, the third suspensiun shall be for a pcricd of 15 

days for each point and any subsequent suspcnsion shall 

be for a period of one year. 

(c) Detcrmination of suhseqrient sospcnsions.-Every 

s~ispension and revocation under any pro~:ision of this 

subchapter shall he counted in determining whether a 

suspcnsion is a second, third or subsequent suspcnsion. 

driver improvement school shall result in the suspension Acceptance of Accelerative Rr,habilitative Disposition lor 

of s~lch person's operating privilege for 60 days. Failure an offense enumerated in section 1532 (relating to reto 

pass the examination shall result in the suspension of vocation or suspension ni operating privilege) shall be 

t!le operaring privilege until th? ?xaminatirln has been considered a suspension in making such determinat~on. 

satislactorily completed. 

(d) Section not e:

5184 LEGISLATIVE JOURNAL-HOUSE June 8,


(e) Other evidence admissible.-Subsections (a) 

through (d) shall not be construed as limiting the intro- 

duction of any other competent evidence bearing upon 

the question whether or not the defendant was under 

the influence of alcohoL 

(f) Test results available to defendant.-Upon the re- 

quest of the person tested, the results of any chemical 

test shall be made available to him or his attorney. 

(g) Blood test in lieu of breath test.-If for any rea- 

son a person is physically unable to supply enough breaf.11 

to complete a chemical test, a physician or nurse or a 

technician acting under a physician's direction may with- 

draw blood for the purpose of determining its alcoholic 

content. The chemical analysis of the blood taken under 

these circumstances shall be admissible in evidence in the 

same manner as are the results of the brcath chemical 

test. The operating privilege of any person who refuses 

to allow a blood test under the above circumstances shall 

be suspended pursuant to subsection (b). 

(h) Test by personal physicjan.-The person tested 

shall he permitted to have a physician of his own choos- 

ing administer an additional breath or blood chemical 

test and the results of the test shall also be aclmissihle in 

evidence. The chemical test given at the direction of ihe 

police officer shall not he delayed by a person's attempt 

to obtain an additional test. 

(i) Request by driver for test.-Any person involved 

in an accident or placed under arrest for driving a motor 

vehicle while under the influence of alcohol may request 

that he be given a chemical test of his breath. Such re- 

quests shall he honored when it is reasonably practicable 

to do SO. 

(j) Immunity from civil liability and reports.-No 

physician, nurse or technician or hospital employing such 

physician, nurse or technician, and no other cmnloycr of 

such physician, nurse or technician shall be civilly liable 

for the withdrawing of blood and reporting of lest re- 

sults to the police at the request of a police officer pur. 

suant to this section. 

8 1548. Post conviction examination for driving under 

influence. 

(a) Pre-sentencing examination.-Before sentencing 

any person convicted for a second or subsequent offense 

of violating secti~n 3732 (relating to driving under in- 

fluence of alcohol or controlled substance), committed 

within five years of a prior offense of section 3732, thc 

court shall conduct or order an appropriate examinatiorl 

or examinations under the act of October 20, 1966 (3rd 

Sp. Sess., P. L. 96, No. 6), known as the "Mental Health 

and Mental Retardation Act of 1966," to determine whether 

the person needs or would benefit from treatment for 

alcohol or drug abuse. 

(h) Order for treatment.-After the examination, th? 

court may, upon a hearing and determination that the 

person is a chronic abuser of alcohol or drugs, ordcr 

supervised treatment on an outpatient basis, or upon ad- 

ditional determinations that the person is a severely de- 

bilitated drug or alcohol abuser who represents a dem- 

onstrated and serious public threat and that adequate 

treatment facilities are available, the court may order 

him committed for treatment at a facility or institution 

approved by the Governor's Council on Drug and Al- 

cohol Abuse. 

(c) Examination by own physician.-Any person sub- 

ject to this section may be examined by a physician of 

his own choosing and the results of the examination shall 

be considered by the court. 

(d) ~~~i~~ of ~~der.-Upon motion duly made by 

the convicted person, an attorney, a relative or an at- 

tending physician, the court at any time after an order 

of comrnltment shall review the order. After determin- 

ing the progress of treatment, the court may order its 

continuation, the person's release or supervised treat- 

ment on an outpatient basis. 

S 1549. Establishment of schools. 

wealth. All instructors shall be properly certified by the 

department after the completion of a course of instruc- 

tion approved by the department. 

(b) Cwlrse of instruction on alcohol and driving.- 

The department in conjunction with the Governor's Coun- 

cil on Drug and Alcohol Abuse shall establish and main- 

tain a course of instruction on the problems of alcohol 

and driving. The curriculum of the course of instruction 

established by the department and the Governor's Council 

on Drug and Alcohol Abuse shall be uniform throughout 

this Commonwcalth and shall be reviewed by thc department 

and the Governor's Council on Drug and Alcohol 

Abuse on an annual basis. 

§ 1550. Judicial review. 

(a) General rule.-Any person denied a driver's li- 

cense or whose operatin2 privilege has been recalled, can- 

celed, suspended or revoked by the department ,shall 

have the right 1.0 appeal by fil~ng a petltion w~th~n 30 

days from the date notice is mailed for a hearing in the 

court of common pleas of the county in which the,driver 

resides or, in the case of cancellation, suspenslon or 

rcvocation of a nonresident's operating ~rivilege, in the 

county in which the offense giving rise to the recall, 

cancellation, suspension or revocation occurred. 

(b) Supersedeas.-The filing of the petition shall operate 

as a supersedeas and no recall, suspension, cancellation 

or revocation shall be imposed against su'ch 

person until final determination, of the matter. 

(c) Jurisdiction and proceedings of court.-The court 

is hereby vested with jurisdiction and it shall he its duty 

to set the matter for hearing forthwith upon 30 days 

written notice to the department and to determine whether 

the petiti?ner is in fact the person whose operating 

ynv~legc is subject to the recall, suspenslon, cancellatlon 

or rCvocatlon. 

§ 1551. Notice of suspension of licenses or permits. 

Thc department shall promptly notify each person 

whose license nr permit is suspended as a result of the 

accumulation of points. The notification that the license or 

permit is suspended shall he made within six months 

following the conviction of a violatinn of this title that 

resulted in the addition of sufficient points to cause the 

suspenslon. Failure of the department to give prompt 

n?t/ce of suspension as required by this section shall pro- 

hlblt the department from suspending the license or per- 

mit of such person. 

SUBCAAPTER C 

VIOLATIONS 

set. 

1571. Violations concerning licenses. 

1572. Cancellation of driver's license. 

1573. Driving under Ioreign license during suspension or 

revocation. 

157.1, Permitting unauthorized person to drive. 

1575. permitting violaticn of title. 

1576. Local authorities liable for negligence of their em- 

ployees. 

6 1,571. Violations concerning licenses. 

(a) Offenses defined-It is unlawful for any person: 

(I) To exhibit or cause or permit to be exhibited or 

hare in possession any recalled, canceled, suspended, revoicrl, 

fictitious ar fraudlllcntly altered driver's license. 

(2) To lend a driver's license to any other person or 

i?emiit th? use thereof by another. 

, (3) To exhibit or represent as one's own any driver's 

11r:cnse not issued to the person. 

(4) To fail or refuse to surrender to the department 

upon lalirIul demand a recalled, canceled, suspended. re- 

\-oired, fictitious or fraudulently altered driver's license. 

(b) IJenalty.-Any person violating any of the provisions 

of this section is guilty of a summary offense and 

(a) .Driver improvement schools.-The department is sh:kll, upon conviction, be sentenced to pay a fine of $100. 

authorized to establish and malntaln dr~ver improvement 

schools throughout this Commonwealth. The depart- 6 i272. Cancellation of driver's license. 

ment may approve and conduct an annual review of the The department may cancel any driver's license upon 

course material for the schools. The curriculum to he determining that the licensee was not entitled to the 

presented must be uniform throughout this Common-! issuance or that the person failed to give the required or

partment. 

$ 1573. Driving under foreign license during suspension 

or revocation. 

Any resident or nonresident whose operating privilege 

to drive a motor vehicle in this Commonwealth has been 

recalled, cancelled, suspended or revoked as provided in 

this title shall not drive a motor vehicle in this Com- 

monwealth under a license or permit issued hy any other 

jurisdiction or otherwise during the suspension or after 

the recall, cancellation or revocation until a new driver's 

license is obtained when and as permitted under this 

chapter. 

- 

$ 1515. permitting violation of title. 

(a) General rule.-No person shall authorize or permit 

a motor vehicle owned by him or under his control to 

be driven in violation of any of the provisions of this 

Subchapter 


B. Proof of Future Responsibility 

SUBCHAPTER A 

LEGISLATIVE JOURNAkHOUSE June 8, 

5 1703. Availability of other remedies. 

This chapter shall not be construed as preventing the 

plaintiff in any action at law from relying for relief upon 

other remedies provided by law. 

5 1704. Transfer of suspended registration to evade 

chapter. 

(a) General rule.-If the registrations of anv vehiclps 

are suspended under this chapter. the reir'stratinns shall 

not he transferred, nor the vehicles reeisterrd in any 

other name, until the department is satisfied that the 

transfer of registrations is proposed in good faith and not 

for the purpose or with the effect of defeating the pur- 

oases of this chanter. 

(b) Sale of repossessed vehicle.-This section does not 

apply to or affect the registration of any motor vchjcle 

sold by a person who, pursuant to the term? or condi- 

tions of any written instrument giving a right of reoos- 

session, has exercised such richt 2nd has renossessed the 

motor vehicle from a person whose reeistration has bcen 

6 1514. Permitting unauthorized oerson to drive. 

(a) General rule.-No person shall authorize or permit 

a motor vehicle owned by him or under his control to 

he driven upon any highway by any person who is not 

authorized under this chapter or who is not licensed for 

the type or class of vehicle to be driven. 

(b) Penalty.--Any person violating the provisions of 

subsection (a) 1s guilty of a summary offense and shall 

sus~ended under the ~rovisions of this chanter. 

(c) ,~, 

be jointly and severally liable with the driver for any 

Riehts -~~ of lienholders and 1cssors.-This chanter .~~~~ does -~--damages 

caused by the negligence of such driver in 

not in znv wav affpct the rights of anv conditional 

operating the vehicle. 

vendor. chattel mortgagee or lessor of a motor vehicle 

reqisteied in the namgof another nerson who hecomes 

subject to the provisions of this chapter. 

SUBCHAPTER B 

till?. 

NONPAYMENT OF JUDGMENTS 

(j) 1'ennlty.-Any person violnting th~. provi.*ic.ns oI 

subicctlnn (a) is guilty of the snmc olien;r az +hv drijer 

Sec. 

of such vrhlrle rind sub~ect !o the snmr I EII.,~IIF..: II~LIII~! 1741. Court reports on nonpayment nf jn~l$rnmts. 

ing any suspension or ;evocation of the' operating priv- 1742. Suspension for nonpayment of iudgment?. 

ilege or the assessment of points. 

1743. Continuation of suspension until judgmcnts paid 

I and nroof eiven. 

g 1516. Local authorities liable for negligence of their 

1144. Payments sLfficient to satisfy judgments. 

employees. 

1745. Installment payment of judemcnts. 

1746. Proof of financial responsibility after suspension 

Every local authority within this Commonwealth shall or revocation. 

he jointly and severally liable with any employee for 1747. Providing financial responsibility. 

damaqes caused by the negligence of the employee while 

operating a motor vehicle or fire department equipment 5 1741. Court reports on nonpayment of judgments. 

upon a highway in the course of his employment. Every (a) General rule.-Whenever any person fails within 

local authority shall also be jointly and severally liable 60 days to s3tisfy any judgment arising from a motor 

with any member of a volunteer fire company for any vehicle accident, the judgment creditor mav fnrward to 

damage caused by the negligence of the member while the department a certified copy of the judgment. 

operating a motor vehicle or fire department equipment (b) Notice to state of nonresident defendant.-If thc 

used by or belonging to the volunteer fire company while defendant named in any certified copy of a judgrn~nt regoing 

tp, attendkg or returning from a fire or while en- ported to the department is a nonresident, the departgaged 

in any other proper use of the motor vehicle or ment shall transmit a certified copy of the judgment to 

fire department equipment for the volunteer fire com- the ofiicial in charge of the issuance of licenses and 

pany. 

registration certificates of the state of which the defendant 

is a resident. 

CHAPTER 17 

5 1142. Suspension for nonpayment of judgments. 

FINANCIAL RESPONSIBILITY 

(a) General rule.-The department, upon reccipt of a 

certified copy of a judgment, shall suspcnd the operating 

privilege of each driver and registration of each owner 

against whom the judgment was rendered except as other- 


can I retained or restored, the -department shali not susoend 

"CL. 

1701. Application of chapter. 

or shall restore until the consent is revoked in wr:tina, 

1702. Administration of chapter. 

notwithstanding default in the payment of the judgment, 

1703. Availability of other remedies. 

or of any installment thereof prescribed in section 1745, 

1104. Transfer of suspended registration to evade chap- provided the judgment debtor furnishes proof of financial 

resnonsibilitv. 

~~~- " -~-~ 

ment debtor's berating ori"viieee and ' reeistrations l;r


re"der&i ?or the privilege of paving the judpment in I GKNKXAL PXU' 

installments and tlie court, in its disc:-etion and without 

prejudice to any other legal remcdiei which t!.r jurlii- 

rncnt creditor may have, may so order and Fix the 

amtiunts and times of payment of the installments. 

(b) Slrspension prahibited during compiiance mitli 

order.-The department shall not suspend o cirivcr's 

operating privilege or registrations and shall re-tore any 

operating privilege or rrgistratiun s\ispended following 

nonpayment of a judgment when the jndnrncnt di,btor 

obtni:ls an orclcr permitting payment of the judgmcnt in 

installments and while the psyment of any insiallmcnt 

,",, E:xemplion of Entities and vehicles from fees, 

lii03. from other fees, 

1803, Idimitation on local license fees and taxes, 

1901. Collection and disposition of fees and moneys. 

is not in default, provided that the judgment debtor (I) The Ccmmonwealth. 

furnishes uroof of financial responsibility. 1 (2) Political subdivisions. 

S 1001. Exemption of entities and vehicles from fees. 

(a) Governmental and quasi-governmental entities.- 

Except as otherwise specifically provided in this title, 

uo fecs shall be charged under this title to any of the 

:o:lawlng:


(3) State and local authorities. 

(4) The Federal Government. 

(5) Other states. 

(b) Title and registration fees.-No fee shall be charged 

for titling or registration of any of the following: 

(1) B~~~~ registered by urban mass transportation 

systems except that this paragraph shall cover only the 

of buses which the department determines are 

required to provide schqduled s~rvice within the. county 

in which they have their principal place of business or 

contiguous counties. 

(2) Vehicles registered by volunteer fire, rescue and 

ambulance associations. 

(3) Vehicles registered by foreign nationals with the 

rank of vice consul or higher assigned to a consulate in 

this Commonwealth provided that citizens of the United 

States are granted reciprocal exemptions. 

(4) Vehicles of totally disabled veterans whose dis- 

ability is certified by the United States Veterans' Ad- 

ministration as service-connected. 

(c) Processing fee in lieu of registration fee.-No 

registration fee shall be charged for vehicles registered 

by any of the following but the department shall charge 

a fee of $10 to cover the costs of processing for issuing or 

renewing the registration: 

(1) Hospital. 

(2) Humane society. 

(3) Nonprofit youth center. 

(4) American Red Cross. 

(5) Church. 

(6) Girl Scouts of America. 

(7) Boys Scouts of America. 

(8) Salvation Army. 

(9) Duly chartered posts of national veterans' organi- 

zations. 

(10) Young Men's Christian Association. 

(11) Young Men's Hebrew Association. 

(12) Young Women's Christian Association. 

(13) Young Women's Hebrew Association. 

(14) Jewish ,Community Center. 

(15) Nonprotlt corporations of musical marching groups 

of youths. 

(16) Any person who is retired and receiving social 

security or other pension and whose total income does 

not exceed $7.500 oer year. Unless the retired uerson is 

physically o'r mentally incapable of driving the vehicle. 

the retired person shall he the principal driver of the 

vehicle hut may from time to time authorize another 

person to drive the vehicle in his or her stead. 

(17) Any veteran who lost a limb or eye or who became 

partially paralyzed while serving in the armed 

forces of the United States. 

(d) Limitations.- 

(1) vehicles titled and registered under the pfovisions 

of this sectlon shall be operated and used exclus~vely for 

the purpose for which the vehicles were entitled to the 

eaemntions .--.-~~ from ~- ~~ ~ ~~ fees. ~ 

(2) Only one passenger vehicle or one other vehicle 

with a gross weight or registered gross weight of not 

more than 9,000 pounds may he registered to any person 

undcr the proviqions of subsection (b)(4) and subsection 

(c)(16) and (17). 

(e) penalty.-~,ny person violating the provisions of 

this section is guilty of a summary offense. 

5 1902. Exemptions from other fees. 

No fee shall be charged under this title for or to any 

of the following: 

(1) A certificate of title returned to the department for 

cancellation. 

(2) The replacement of a registration card or plate, 

driver's license, learner's permit or certificate of title 

lost in the mail if the applicant files an affidavit of 

non-receipt within 45 days of the date of original issuance. 

(3) A certificate of junk. 

(4) A certificate of rejection. 

(5) A special hauling permit issued to any person 

hauling equipment or mater~als for use on a Federal or 

State emergency relief project. 

(6) A manufacturer, jobber or dealer for a certificate 

of title to a motor vehicle, trailer or semi-trailer when 

assignment of certificate of title accompanies the appli- 

cation for certificate of title, and when the dealer, manu- 

facturer or jobber is possessed of current manufacturer's, 

dealer's or jobber's registration plates. 

5 1903. Limitation on local license fees and taxes. 

NO municipality shall recluire or collect any registra- 

tion or license fee or tax for any vehicle or driver's 

license from Person. 

1904, Collection and disposition of fees and moneys, 

The department shall collect all fees payable under 

this title and all other moneys received in connection 

with the administration of this title and transmit them to 

state peasurer for deposit in the M~~~~ ~i~~~~~ 

Fund, Moneys paid in error may be refunded by the 

department, 

SUBCHAPTER B 

REGISTRATION FEES 

Set. 

:::;: $ ~ ~ $ ~ ~ $ ~ fees. ~ t i ' n 

1913. Motor homes. 

1914. Motorcycles. 

1915. Motor-driven cycles. 

1916. Trucks and truck-tractors. 

1917. Motor huses. 

1918. School buses. 

1919. Electric vehicles. 

1920. Trailers. 

1921. Special mobile equipment. 

1922, Implements of husbandry, 

1923. Antique and classic vehicles. 

1924. Farm trucks. 

l!l. Ambulances. taxis and hearses. 

1926. Dealers and miscellaneous motor vehicle business. 

1927. Transfer of registration. 

: ~~~~~nfef~2~~~21",,"21","~6s 

: ~~~~~~~~e~~$,","~~%";:l,"~,"~~ess 

1932, Duplicate registration cards. 

5 1911. Annual registration fees. 

(a) General rule.-An annual fee for the registration 

of vehicles as provided in Chapter 13 (relating to the 

registration of vehicles) shall be charged by the department 

as provided in this title. 

(b) ~ ~ to ~ certain fees,-If ~ a vehicle ~ t 

to be registered is of a type not specifically provided for 

by this title and is otherwise eligible for registration, the 

3epartment shall determine the most appropriate fee or 

fee schedule for the vehicle or type of based on 

such factors as design and intended use. 

5 1912. Passenger cars. 

The annual iee for registration of a passen~ger car shall 

be $24. 

1913, Motor homes, 

The annual fee for registration of a motor home shall 

be determined by its registered gross weight in pounds 

according ta the following table: 

Registered Gross 

class Weight in Pounds Fee 

8,000 or less 

8.001-11,000 

3 11,001 or more 

5," 

54 

5 1914. ~ ~ t ~ ~ ~ ~ ~ l ~ 

he annual fee for registration of a motorcycle other 

than a motor-driven cycle shall be $12. 

$ 1915. Motor-driven cycles. 

The annual fee for registration of a motor-driven cycle 

shall he $6. 

5 1916. Trucks and truck-tractors. 

The annual fee for registration of a truck or truck-

1976. LEGISLATIVE JOURNALHOUSE 5 189 

tractor shall he determined by its registered gross weiqht 

or combination weight in pounds according to the fol- 

lowing table: 

Class 

Registered Gross 

or Combination 

Weight in Pounds Fee 1 

5 0011 or less 16 39 

5 001-7 000 52 

7 001-9 000 84 

9 on?-11 0011 I OR 

11001-14000 132 

14 nni-17 on0 156 

17 001-21 ono 192 

21 001-2fi no0 216 

26001-30000 252 

30 001-33 000 300 

33001-36000 324 

36 nni-40 000 .14? 

40.001-4400fl 360 

44.001-4n 000 384 

4~.nn1-57 ono 470 

52noi-sfinoo 444 

56.001-60.000 501 

60001-64000 552 

64 001-fiu 000 fi'ifi 

68,001-73,280 606 

(h) Motorcycle dealers-The annual fee for each dealer 

registration plate issued to a motorcycle dealer other 

than a motor-driven cycle dealer shall he $12. 

(c) Motor-driven cycle dealers.-The annual fee for 

each dealer registration plate issued to a motor-driven 

cycle dealer shall he $6. 

5 1927. Transfer of registration. 

The fee for transfer of registration shall be $4. 

5 1928. Temporary registration plates. 

The fee payable by ,a dealer or other dispensing agent 

for a temnorarv reelstratlon date , ~ ~ ~ shall ~~~~~ - he ~ - $1. The 

charge of ihe a"zentUfor ~orovidine an annlicant-kith-: 

temporary plate-shall not' exceedua total 'of $5. 

$ 1929. Replacement registration plates. 

The fee for a replacement registration plate other than 

a legislative or personal plate shall be $5. 

5 1930. Leeislative registration plates. 

The fee fnr issuance of a leeislative registration nlate 

shall he $20 which shall he in addition to the ann~~al 

registration fee. Only one payment of the issllance fee 

shall he charged for each legislative registration plate 

issued or replaced. 

5 19:11 1'cricn;tl rreis'ralion plates. 

I f r i n f a nersonal rrgistri*ion nlnte 

5 1917. Motor buses. 

.h,ll he S2rl n.Iiir11 shall hr in arlrlition tr, thv nnn~>:rl 

~~ ~~ ~.~ ~ ~ ... ~ ~ . 

The annual fre for registration of a motnr bur *hall b~ I reeiqtration fee. Only one payment of the issuance fee 

detrrmined by its seating capacity according to the fol- ?hall be charged for each nersonal reeistration - issued or 

lowing table: I replaced. 

Seating Capacity Fee 

26 or less $ 6 per seat 

27-~51 pills per seat 

52 or more 

in excess of 26 

$360 

I 

$ 1918. School buses. 

The annual fee for registration of a school blus shall be 

F9A 

8 9 Electric vehicles. 

The annual fee for registration of a vehicle which is 

propelled by electric power shall be $12. 

5 1920. Trailers. 

The annual fee for registration of a trailer shall bc- 

dctzrmined by its registrred gross wcisht according t? 

the following table: 

10,001 or more 

Fee 

$ 6 

12 

27 

$ 1921. Special mobile equipment. 

The annual fee for registration of special mobile equip- 

ment shall be $24. 

$ 1932. Duplicate registration cards. 

The fee for each duplicate reeistration card when 

~rdered at the time of vehicle registratinn or transfer or 

renpmal of reeistration shall be $1. The fee for epch 

duplicate registration card issued at any other time shall 

be 53. 

SUBCHAPTER C 

PERMITS 

Scope of subchapter. 

Special hauling permits as to weight and size 

Annual hauling permits. 

Mobile homes and similar trailers. 

Books of permits. 

Movements rcouirinq special escort. 

Refund of certain fees. 

4 1941. Scope of subchanter. 

This subchapter prescribes fees payable to the depart- 

ment for permits covering movements on State highways 

and docs not limit the right of local authorities to pre- 

scribe fees for permits for movements on streets and 

highways under their jurisdiction. 

1 Slre.i;il haulinc perrn,ts as to nrcight qnd sire. 

lhr fr,e for n slrrriql h;lulins pcrmit for rnch niovr- 

$ 1922. Implements of husbandry. 

mcnt of n!, o~rr\ve~?ht or o\.c.riizr rrhlcle or 1-:\d. rr 

~ ~ ~~- 

T ~ annual P fee for registration of an implement of hus- both, shall be $15. A: overweightvehicle shall be ch& 

bandry not exempt from registration under this title ed an additional 3t per ton-mile for the number of tons 

shall he $12. 

hy which the gross-weight exceeds the registered - gross 

weight. 

$ 1923. Antique and classic vehicles. 

The fee for registration of an antique or classic motor 5 1943. Annual hauling permits. 

vehicle shall be $50. 

(a) Quarry equipment and machinery-The annual fee 

$ 1924. Farm trucks. 

for operation or movement of each piece of heavy quarry 

The annual fee for registration of a farm truck shall 

equipment or machinery, as provided for in section 4966 

he $27. 

(relating to permit for movement of quarry equipment), 

shall he $25. 

5 1925. Ambulances, taxis and hearses. 

(b) Implements of husbandry.-The annual fee for 

The annual fee for registration of an ambulance, taxi operation or movement of oversize self-propelled impleor 

hearse shall he $36. 

ments of husbandry, as provided for in section 4967 (relating 

to ermit for movement of implements of hus- 

B 1926. Dealers and miscellaneoas motor vehicle busi- bandry), sfall be $20 for the first implement and $5 for 

ness. 

each additional implement. 

(a) General rule.-The annual fee for a dealer regis- (c) Equipment being manufactured.-The annual fee 

tration plate or miscellaneous motor vehicle business plate for operation or movement of equipment being manushall 

be $24. 

factured, as provided for in section 4968 (relating tn 

~- --.~~~

permit for movement of equipment being manufactured), 

shall be $50. 

(d) Multiple highway crossings.-The annual fee for 

a single permit for multiple highway crossings, as provid- 

ed for in section 4965 (relating to single permits for 

multiple hizhway crossings), shall be $25. 

(e) Vehicles with oversize tires.-The annual fee for 

movement of a vehicle with oversize tires. as provided for 

in section 4969 (relating to vehicles with ovcrsize tires) 

shall be $50. 

5 1944. Mobile homes and similar trailers. 

The fee for a special hauling permit for a mobile home 

or similar trailer which exceeds the maximum size pre- 

scribed in this title ahall he $20. 

5 1945. Books of permits. 

(a) General rule.-Upon request, permits for move- 

ment of oversize vnh;cle~ or loads, the dimensions of 

which do not exceed those sp-cified by the department. 

will he issued in booklet fcrm, containing a convenient 

number of permits. For each mnvement, one permit shall 

be removed from the booklet. datrd, trip data entered and 

securelv affixed to the vehicle or 'oad. 

(b) Penalty.-Any person violating zny of fhc yovi- 

sions of this section is guilty of a summary offensr pnd 

shall, upon conviction, be sentenced to pay a fine of $500. 

5 1946. Movements reouiring special escort. 

When a special escort is reouired. as provided for in 

section 4962 (relating to conditions of permits and secur- 

ity for damages), the cost of the escort shall he added 

to the permit fee. The department, the Prnnsylvania 

State Police and local authorities may establish schedules 

of fees for escort costs based on mileage or otherwise. 


5 1954. Approval of vehicle equipment and testing de- 

vices. 

The department is authorized to chargc rcnsonahle 

fres for the approval of vehicle equipment and testing 

devices under the provisions of section 4104 (relating to 

testing and approval of equipment) except that: 

(1) lccs for other testing shall he based on the cost of 

operating the department equipment approval program 

and sh;~ll not exceed similnr fces ehargcd by the Amer- 

ican Association of Motor Vehicle Administrators; and 

(2) no fee shall he charged for approval based an 

crrtifications of the American Assoriation of Motor Ve- 

hicle *dministrators. 

$ 1955. Tnformation conccrning drivers and vehicles. 

(a) IZegistrations, titles and security interests.-The fee 

for cnpics of or information rclatinr! to a registration, 

title or speurity inter~st shall he $2.50. 

(b) other d?,ta and information..-~he department 

charge to any person or governmental or quasi-qovcm- 

entity a reasnoahle fee based on rest to the 

department "f compilin-: data and statistical inforination 

upon 

$ 1056. Certified copies of records. 

(a) Department records.-The fce for a rertified copy 

of any denartmrnt record whirh thc dcpartmrnt is authorized 

by law lo furnish to the public sholl he $5 for 

each form or supporting document comprisin~: sxh 

record. 

(h) state reports.-~he fee for a certified perm. 

sylvania St:~te Police record of invrstigation of a 

ncridrnt which the Pennsylvania State Police are ailthorizerl 

hy tllis title tn furnish to the shall he $5 

for each con" of the Pennsvlvania State Police full m- 

8 " 1447 Rpfl~nd . of pertain few I port of lnvestigatlon 

The portion of the fee of an unused overwcieht permit $ I . Uncollectihle checks. 

based on ton-miles or the fee for an unused escort, or Wh-nrv~r any chrrk i~srled in payment of any fce or 

both, may he refunded upon payment of a processing fee for any oth,.r pirnose is rcturned to thp depnrtmr,nt as 

of $10. 

urcollectiblr. the d~partment or municipality phall chargc 

a ffe of $10 for ~:lrh dritw's license, registration. rrnlnce- 

SUBCHAPTER D 

mcnt of tags, transfer of registration, certificate of title. 

rvhcther original or duplicate. special hauling permit and 

MISCELLANEOUS FEES 

each othpr unit of issue bv the denartment or rnunici- 

Sec. 

pality, plus all protest fees; to the prrscrn prcsentinq the 

1051. Driver's license and learner's permit. 

check, to cover the cost of collection. 

1952. Certificate of title. 

1953. Security interest. 

$ 1950. Certificatc of inspection. 

1954. Approval of vehicle equipment and testing rlevicer 

The department shall charge 25# for each certificate of 

1955. Information concerning drivers and vrhiclcs 

inspection. 

5 1959. Messenger service. 

(a) Annual registration.-The annual fee for reqistration 

of a messenger service as provided for in Chapter 

75 (relating to messenger service) shall he $50. 

$ 1051. Dri!.rr's lirenzr ;~lrl lrnrnrr's l,et.tnir 

(h) Additional places of business.-The annual fee for 

(a) Drivrr's liccnsr -'l'hr allnu:,l fc, for 1 ,iris:< r': registration of additional place of business or hrnnch 

licrns~ shall hc SS liltls thr c?

SUBCHAPTER A 

OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS 

Sec. 

3101. Application of part. 

3102. Obedience to authorized persons directing traffic. 

3103. Persons riding animals or driving animal-drawn 


tions and stop signs. After ascertaining that the ambu- 

lance or blood-delivery vehicle will be given the right- 

of-way, the driver may proceed through a red signhl 

indication or stop sign. 

(e) Exercise of care.-This section does not relieve the 

driver of an emergency vehicle from the duty to drive 

with due regard for the safety of all persons,

the right-of-way to pedestrians lawfully within an 

adjacent crosswalk and to other traffic lawfully us- 

ing the intersection. 

(iii) Unless otherwise directed by a pedestrian- 

control signal as provided in section 3113 (relating 

to pedestrian-control signals), pedestrians facing any 

green signal may proceed across thc roadway within 

a crosswalk. 

(2) Steady yellow indication.- 

(i) Vehicular traffic facing a steady y~llow si~nal 

is therchy warned that the rclated green indication 

is being terminated or that a red indication will hp 

exhibited immediately thereafter. 

(ii) Unless otherwise directcd hg a pedestrjxn- 

control signal as provided in section 31~i3. pedestrians 

iacing a steady yellow signal are thercby ailrisecl that 

there is insufficient time to cross the roadway belarr 

a retl indication is shown and no ped~sti.i:m shall 

then start to cross the roadway. 

(3) Steady red indication.- 

(i) Vehicular traffic facing a steady red signal 

alone shall stop at a clearly marked stop lme, or if 

none, before entering the crosswalk on the near side 

of the intersection, or if none, then before enterin;: 

the intersection and shall remain standing until an 

indication to proceed is shown except as provided in 

subparagraph (ii). 

(ii) Unless a sign is in place prohibiting a turn, 

vehicular traffic facing a steady red signal may enter 

the intersection to turn right. or to turn left fry' a 

one-way roadway onto a one-way roadway alter 

stopDing as required by subparaeraph (i), such 

hicular traffic shall yield the to pedes- 

trians lawfully within an adjacent crosswalk and to 

other traffic lawfully using the intersection. 

(iii) Unless otherwise directed by a pedestrian- 

control signal as provided in section 3113, pedestrians 

facing a steady red signal alone shall not enter the 


but any pedestrian who has partly completed crossing 

during the "Walk" indication should proceed to a side- 

walk or safety zone, and all drivers of vehicles shall 

yield to the pedestrian. 

(b) Local regulation.-This section does not prohibit a 

municipality from establishing a summary offense for 

violation of subsection (a)(2) or (4). 

5 3114. Flashing signals. 

(a) General rule.-Whenever a flashing red or yellow 

signal is used in a traffic signal or with a traffic sign it 

shall reWire obedience by vehicular traffic as follows: 

(1) Flashing red.-When a red lens is illuminated with 

~3pld lntermlttent flashes, drivers of vehicles shall stop 

in the same manner as at a stop sign, and the right to 

proceed shall be subject to the rules applicable after 

making a stop at a stop sign as provided in section 3323 

(relatin5 to stop signs and ~ield signs). 

(2) Flashing yellow.-When a yellow lens is illuminated 

with rapid intermittent flashes, drivers of vehicles may 

proceed through the intersection or past such signal only 

wlth caution. 

(b) Railroad grade crossings.-This section does not 

apply at railroad grade crossings. Conduct of drivers of 

vehicles approaching railroad grade crossings shall he 

governed by the rules as set forth in section 3341 (relatmg 

to obedience to signal indicating approach of train) 

3115' Lane-direction-control 

When lane-direction-control signals are placed over the 

i!,dividual lanes of a street or highway, vehicular traffic 

ma.Y travel in any lane over which a green signal is 

shown, but shall not enter or travel in any lane over 

which a red is shown 

CHAPTER 33 

RU1,ES OF THE ROAD IN GENERAL 

(4) - ~iashing "Don't Walk".-Whenever the "Don't hazard. 

Walk" indication is flashing, pedestrians should not start (3) When and where official traffic-control devices are 

to cross the roadway in.the direction of the indication, in place designating a lane or lanes to the left side of


the center of the roadway for the movement indicated by the use of a lane authorized for vehicles approaching from 

the devices. 

the opposite direction, hefore coming within 200 feet of 

(4) Upon a roadway restricted to one-way tr~ffic. any approaching vehicle. 

(5) When making a left turn as provided in sertions 

3322 (relating to vehicle turning left) and 3331 (relnting 6 3306. Limitations on driving on left side of roadway. 

lo rcqi~ired position and method of turning). 

(a) General rule.-No vehicle shall he driven on the 

(b) Vehicle proceeding at less than normal speed,- left side of the roadway under any of the following con- 

Upon all roadways any "chicle proceeding at less than the ditions: 

normal speed of traffic at the time and lace and under (1) When approaching or upon the crest of a grade or a 

the ?ondition3 then existing he driven in the right- curve in the highway where the driver's view is ohhand 

lane thcn available for traffic, or as close as structed within such distance as to create a hazard in the 

ticable to the right-hand curb or edge of the roadway, cvellt another vehicle might approach from the opposite 

cscrpt when overtaking and passing another vehicle pro- direction. 

ereding in the same direction or when preparing for a (2) When approaching within 100 feet of or traversing 

left turn at an intersection or into an alley, private road any intersection or railroad grade crossing, unless otheror 

driveway, y.his does not apply to a dri\,er wise indicated by official traffic-control devices. 

who must ncc~ssarily drive in a lane other than the (3) When the view is obstructed upon approaching 

right-hand lane to continue on his intended route. within 100 feet of any bridge, viaduct or tunnel. 

(b) Application of section.-This section does not apply 

S 3302. Meeting vehicle proceeding in opposite direction. under the conditions described in section 330l(a)(2), (3), 

Drivers of vehicles proceeding in opposite directions (4) and (5) (relating to driving on right side of roadshall 

pass each other to the right and, upon roadways wcy). 

having width for not more than one line of traffic in each 

direction, each driver shall give to the other at least one- 4 3307. No-passing zones. 

half of the main-traveled portion of the roadway as (a) Establishment and marking-The department and 

nearly as possible. 

local authorities may determine those portions of any 

highway under their respective jurisdictions where over- 

5 3303. Overtaking vehicle on the left. 

taking and passing or driving on the left side of the 

(a) General rule.-The following rules shall govern the roadway would he especially hazardous and shal! by 

overtaking and passing of vehicles proceeding in the appropriate signs or markings on the roadway indicate 

same direction, subject to the limitations, exceptions and the beginning and end of such zones and when the signs 

special rules stated in this chapter: 

or markings are in place and clearly visible to nn or- 

(1) The driver of a vehicle overtaking another vehicle dinarily observant person every driver of a vehicle shall 

proceeding in thc same direction shall pass to the left of obey the directions of the signs or markings. Signs shall 

the other vehicle at a safe distance and shall stay to the he placed to indicate the beginning and end of cnch no 

left of the other vehicle until safely clear of the over- passing zone. 

taken vehicle. 

(b) Compliance by drivers.-Whcre signs and markincs 

(2) Except when overtaking and passing on the right are in place to define a no-passing zone as set forth in 

is permitted, the driver of an cvertakm vehicle shall not subsection (a), no driver shall at any time drive on thp 

increase the speed of the vehicle until completely passed left side of the roadway within the no-passing zone or 

hy the overtaking vehicle and shall give way to the right on the left side of any pavement striping designed to 

in favor of the overtakin~ vehicle on suitable signal. mark a no-passing zone throar;hout its length. 

(h) Suitable signal defined.-Suitable signal for pur- (c) Application of section.-This section does not apply 

poses of subsection (a)(2) shall be as follows: 

under the conditions described in section 3301(a)(2) and 

(1) At all times when head lamps are required to he (5) (relating to driving on right side of roadway). 

lighted according to section 4302 (relating to the period 

for requiring lighted lamps), an audible signal or the 6 3308. One-way roadways and rotary traffic islands. 

intermittent flashing of low and high beam.: except that (a) E~tahlishment and marking.-The department and 

the use of high beams shall not be permitted when a local authorities with respect to highways uxder their 

vrhicle is approaching from the opposite direction withi11 respective jurisdictions may designate any highway, road- 

500 feet. 

way, part of a roadway or specific lanes upon which 

(2) At all other times, an audible signal. 

vehicular traffic shall proceed in one direction at all 

or such times as shall be indicated by official traffic- 

$ 3304. Ovcrtaking vehicle on the right. 

control devices. 

(a) Gcneral rule.-The driver of a vehicle may overtake (b) llriving on one-way roadway.-~pon a roadway 

and pass upon the right of another vehicle only under designated for one-way traffic, a vehicle shall be driven 

one of the following conditions: 

only in the direction designated at all or surh timrs as 

(1) When the vehicle overtaken is making or about to shall he indicated by official traffic-control devires. 

make a left turn, except that such movement shall not (c) Driving around rotary traffic island.-A vehicle 

be made by driving off the berm or shoulder of the passing around a rotary traffic island shall he driven 

hishway. 

only to the right of the island.


(3) Lanes limited to specific use.-Official traffic- 

control devices may be erected to restrict the use of 

specified lancs to specified classes or types of traffic or 

vehicles, including multi-occupant vehicles or car pools, 

and drivers of vehicles shall obey the directions of every 

such device. 

(4) Prohibitions against changing lanes-Official traf- 

fic-control devices may be installed prohibiting the chang- 

ing of lanes on a section of roadway and drivers of 

vehicles shall nbey the directions of every such device. 

$ 3310. Following too closely. 

(a) General rule.-The driver of a motor vehicle shall 

not follow another vehicle more closely than is reason- 

ahle and prudent, having due regard for the speed of the 

vehicles and the traffic upon and the condition of the 

highway. 

(h) Combinations of vehicles and trucks,-~he driver 

of any motor vehicle drawing another vehicle or of any 

truck when traveling lipon a roadway of an 

district and following a motor drawing another 

vehicle or following a truck shall, whenever conditions 

permit, leave sufficient space so that an overtaking ve- 

hicle may enter and occupy the space without danger, 

except that this subsection does not prevent a motor ve- 

hicle drawing another vehicle or prevent a truck from 

overtaking and passing any vehicle or combination of 

vehicles. 

(c) Caravans and motorcades.-Unon any roadway out- 

side of an urban district motor vehicles beinq driven in 

a caravan or motorcade' whether Or not other 

vehicles, shall be so operated as to allow sufficient space 

between each vehicle or combination of vehicles so as 

to enable any other vehicle to enter and occupy space 

without danger. This subsection does not apply to 

funeral processions. 

5 3311. Driving on divided highways. 

(a) General rule.-Whenever any highway has heen 

divided into two or more roadways by leaving an inter- 

vening space, physical barrier or clearly indicated divid- 

in6 section so constructed as to impede vehicular traffic. 

every vehicle shall be driven only upon the right-hand 

roadway unless directed or permitted to use another road- 

3313, Restrictions on use of limited.access highways. 

(a) General rule.-The department may regulate or 

prohibit the use of any limited-access highway by any 

class or kind of traffic which is found to be incom- 

patible with the normal and safe movement of traffic. 

(b) Traffic-control devices at entrances.-The depart- 

ment, when adopting any prohibition under this section. 

shall erect and maintain official traffic-control devices 

at the entrances to the limited-access highway on which 

the prohibitions are applicable and when in place no per- 

son shall disobey the restrictions stated on the devices. 

(b) Exception.-This section does not prohibit the use 

of hearing aids or other devices for improving the hearing 

of the driver. 

SUBCHAPTER B 

RIGHT-OF-WAY 

Sec. 

3321. Vehicle approaching or entering intersection. 

3322. Vehicle turning left. 

3323. Stop signs and yield signs. 

3324. Vehicle entering or crossing roadway. 

3325. Duty of driver on approach of emergency vehicle. 

3326. Duty of driver in construction and maintenance 

areas. 

9 3321. Vehicle approaching or entering intersection. 

(a) General rule.-When two vehicles approach or 

enter an intersection from different highways at approsi- 

mately the same time, the driver of the vehicle on the 

left shall yield the right-of-way to the vehiclc on t.he 

right. 

(h) Exception.-The right-of-way rule dcclarrd in suh- 

s'?t.ion (a) is modifird at through hi~hways and other- 

wise as stated in this part. 

i$ 3322. Vehicle turning left. 

The drlver of a vehicle intending to tr~rn left within 

an or into an alley, private or driveway 

shall yield the right-of-way to any vehicle ap,?roaching 

frnm the opposite direction which is so close as to constrtute 

a hazard, 

p 3323. stop and yield 

(a) Intersections controlled by siqns.-Preferential 

right-of-way at an intersection nay he indi~alrd hv stop 

signs or yield signs as authorized in scctinn 6124 (relating 

to erection of traffic-control devices at intrrsrcticns). 

(h) Doties at signs.-~xcppt when directed to nro- 

ceed by a police officer or appropriately attirod persons 

to direct. control or rrculatc traffic, erery 

driver of a vehicle approachin? n stop si~n shnll stop at, 

a clearly marked stop lrne or, if none, before rntering n 

prosswalk on the npar side of the inters~ctinn or. if nonr, 

way by official traffic-control devices, polire officers or then at the point the intersecting roadwny vIherp 

appropriately atti~ed pcrsons authorized to direct, control the driver has a of approaching traffic on the interor 

regulate traffic. No vehicle shall he driven over, secting roadway before entering. After hnving stonned. 

across or within any such dividing space, harrier or sec- the driver ~'1711 yield the right-of-way to any iledestrim 

tion except through an opening in the physical barrier 

or dividing section or space or at a crossover or interin 

a crosswalk or to any vehicle in the intersection or 

approaching on roadway so closely as to consti. 

section as established. 

tute a hazard during the time when the driver is mnvin: 

(b) Traffic-control devices regulating turns.-When- across or within the intersection or junction of roadways. 

ever necessary for the protection and safety of traffic, (,) in ti^^ at yield signs.-~he driver a "?hicle ap. 

official traffic-control devices, may be installed at an proaching a yield sign shall in to the sign slow 

opening in the physical barrler or dividing sertion or down to a speed reasonable for the existing conditions 

space or at a crossover or intersection prohibiting or and, if required for safety to stou. shall stop hefore 

regl~lating a turn or turns as may he necessary ~ursuant entering a crosswalk on the near side of the intersection 

to the authority of this title. 

or, if none, then at the point nrarest the intersecting roads 

3312, Limited-access highway entrances and exits, way where the driver has a view of approaching: traFfic 

on the intersecting roadway before entering. Arlcr slc.14,- 

No person shall drive a vehicle onto or from any ing down or stoppino, the driver shall yield tlie riqhtlimlted-access 

hxhway except at such entrances and exlts of-way to any vehicle in the intersection or 

as are established by public authority. 

on another roadway so closely 3s to constitutr? a hazard 

during the time the driver is moving across or within 

the intcrsection of roadw-ays. If a driver is i~volvcd in 

a collision with a vehicle in the intersection or junrtion 

or roadways after driving past a yield sign, the collicin:~ 

be deemed prima facie eviclfnce of failure of the 

driver to yield the right-of-way. 

$ 3314. Prohibiting use of hearing impairment devices. 

(a) General rule.-No driver shall operate a vehicle 

wh!e wearing or using one or more headphones, earphones 

or any similar device which the department by 

regllation dctcrmincs would. impair the ahil:ty of the 

$ 3324. Vehicle entering or crossing roadway. 

The driver of a vehirle about to enter or cross a roadway 

from any place ether than another roadrv;ry shnll 

yield the right-of-way to all vehicl?~ apnroacl~i?::: on the 

roadway to be entered or crossed. 

s 3325. Duty of driver on approach of emergency ve- 

vehicle. 

(a) General rule.-Upon the immediate approach of 

an emergency vehicle making use of an arrdible siznal 

cnd visual signals meeting, the requirements and stan- 

driver to hear tralfic sounds. dards set forth in regulat~ons adopted by the depart-


ment, or of a police vehicle properly and lawfully making 

use of an audible signal only, the driver of every other 

rchicle shall yield the right-of-way and shall immediately 

drive to a position parallel to, and as close as 

possible to, the right-hand edge or curb of the roadway 

clear of any intersection and shall stop and remain in 

that position until the emergency vehicle has passed, exccpt 

when otherwise directed by a police officer. on 

one-way roadways a. may comply by d~ivinp:. to 

clnse as practicable to the riglit-hand curb or edge of the 

ro:idway. 

(b) Lpft t!lm.-The driver of a vehicle intending to 

turn left shal! nnpro~ch the turn in the ex?reme lefthnncl 

lane lawhi!ly available to traffic moving in the 

dircction of trav~l of the vehicle. Whenever practicable, 

the 1-ft txm shall be made to the left of the center of the 

intersection and io as to leave the interszction or location 

in lire eitrcmp left-hand lane lawfullv available to 

traffic moving in the same direction as the vehicle on 

thc roailway hcing entercd. 

(c) Complinnre with trn:fi?-control devices.-The departmen+ 

anrl local uilthorities on hif?hmoys under their 

rcspccti-ise jurisdiclions may cause official traffic-control 

devires to bc placed and thereby reqi~ire and direct that 

a different, course from that specified in this section he 

travcled by turning vehicles and when the devices are so 

placcd no driver shall turn a vehicle other than as directed 

and required by the devices. 

(d) Two-way left turn lanes.-Where n special lane for 

making left turns by drivers proceedin,< in oppositr 

directions has been indicated by official traffic-control 

devices: 

(I) A left turn shall not be made from any other Ianc. 

(3) A vehicle shall not be driven in the lime fxrcpt 

when preparing for or making a left turn from or into 

the roadway or when preparing for or making a U turn 

when otherwise permitted by law. 

S 3332. Limitations on turning around. 

(a) General rule.-The driver of any vehicle shall not 

turn the vehicle so as to proceed in the opposite direction 

unless the movement can be made in safely and without 

interfering with other traffic. 

JOURNAL--HOUSE 5195 

(b) Turns on curves or grades.-No vehicle shall be 

turned so as to proeeed in the opposite dircction upon 

any curve, or upon the approach to or near the crest of 

a grade, where the vehicle cannot be seen by the driver 

of any other vehicle approaching from either direction 

within 500 feet. 

5: 3333. Moving stopped or parked vehicle. 

No person shall move a vehicle which is stopped, stand- 

ing or parked unless and until the movement can be made 

with safety. 

the edp;e or c~~rb which is nearest to the lane In wh;ch 

he is traveling. 

(b) Duty of operator of streetcar.--Upon the approach 

3334. Turning movements and required signals. 

of an emprgency vchicle, the oprrator of every streetcar 

(a) General rule.-Upon a roadwav no pprson shall 

shall immediutely stop the slrectcar rlear of any interturn 

a vehicle or move from one traffic lane to another 

seci.ion and remain in that position until thr cmnrgcncy or enter the traffic stream from a parked nosition ,,,,less 

vehicle has passed, except whcn otherwise directed by a 

and until the movement can be made with 

police officer. 

safely nor without giving an appropriate signal in the 

6 3326. Duty of driver in constrliction and maintenancr provided in 

areas. 

(h) Signals on tlirnin: and starting.-At sneeds of less 

(a) indiralc,d b!, traflic-rontrcl devices,-~hr than 35 miles per hour, an apnropriate sicnal of intention 

driver rr* a yield the ri.iht.of-wav to to turn richt or left shall be given ccntinuor:sly d~xring 

a~itIr.ri/cr! vehiclr' r7r r:r;'t-striar actually ?ngaced in not less than the last 100 feet traveled by the vehicle 

lipon a highway within any hi~hway or utili?.. ~onstr~~- hefore turning. The signal shall be given during not 

tic;, or maintenance area indicated hy official traffic. less than the last 300 feet at speeds in excess of 35 miles 

control devices. 

per hour. The signal shall also he given prior to entry of 

(h) worlr vphiclrs dis,,lavinS (lashing lights,-~he driv. the vehicle into the traffic slream from a parked positinn. 

er of a vehicle shall "irld the right-of-way to any nu- (c) Limitation? on use of certain signals.-The signals 

thori;.eri obviously and actlially enpaged in work v~uircd on vehicles by scction 3335(b) (relating to sigupon 

a hichway the VEhiCiF +sDIRyS flashinr nals by hand and arm or siznql lamps) shall not he flashlieh!.~ 

meeting the requirements and regr~lntions proml~l- ed "" One Sidc Only On a as a 

gated by the dcpartmcnt. 

courtesy or "do pass" signal to operators of other vehicles 

approaching from the rear, nor be flashcrl on one 

~ide only of a parked vehicle except as may bc ncccs- 

SUBCHAPTER C 

sary for comoliance with this -ect:?n. 

(d) Discontinuing turn si?nni -'i'i.:n sii:nals shall he 

TURNING, STARTING AND SIGN.4LS discontinued immediately after ,,ilmplctin: the turn or 

mnvemrnt from one traffic lane lo another traffic lane. 

Sec. 

3331. Reauired position and method of t~frning. 3 Signals by hand and arm or signal lamps. 

333%. Limitations on turning nround. 

(a) General rule.-Any stop or turn signal shall be 

2 . Movine stoppcd or parked vehicle. 

r,iren either by mcans of the hand and arm or by si~nal 

2124. T~~rninn rrov~rnerts and reonired siqnals. lamns, except as otherwise provided in subsection (b). 

3335. Sii'nals hy hand and arm or signal lamps. 

(h) Required signals by signal lamps.-Any motor ve- 

3336. Mcthod o-ivin.: hand and arm signals. hicle in use on a hiqhway sh~ll be ertui!>ned with, and 

reouired signal shall he given hv, signal lamps when 

S 3111, Rrox~ircd position and m~thod of t~~rninc. 

(a) Right tllrn T h e drivcr of a vehicle intending tn 

the distance from the c~nter of ihr ton of the steering 

f!:m rinlit shall ; ~ ~ the ~ turn ~ and ~ mnlrc ; thp ~ turn ~ 3s h 

post to left outside limit the Or load of 

the motor vehicle exceeds 24 inches. or when the diztance 

h.o,,, the center of the top of the steering post to the 

rear limit of the body or load esceeds 14 feet. The 

latter measurement shall apply to any single vehicle and 

to any of vehicles, 

Exception,-This does not apply to a m,,tor 

vehicle re,istercd as an antique or vehicle 

was equinpcd with signal lamps, 

$ 3336. Method of giving hand and arm signals. 

~ lsignals l given by hand and arm shall be gi7ren from 

the left side of the vehicle in the follawing manner and 

tlic signals indicate T.s rollows: 

(1) or a left turn, the hand and arm shall he extended 

horizontally. 

(2) F~~ a right turn, the hand and arm be rs. 

tended upward. 

(3) TO stop or decrcase spced, the hand and arm shall 

be extended downward. 

SUBCHAPTER D 

SPECIAL STOPS REQUIRED 

SCC. 

3341. Obedience to signal indicating approach of trlin. 

3342. Vehicles required to stop at rallroad crossings. 

3343. Moving heavy equipment at railroad grade cross- 

lngs. 

3344. Emerging from alley, driven-sy or building. 

33.15, ti^^ or overtaking school bus, 

6 3341. Obedience to signal indicating approach of train. 

(a) General rule -Whenever any person driviw a ve-


June 8,

markings indicating "SCHOOL BUS" shall be covered 

or concealed. During such operation, the flashin!; visual 

signals shall not he actuated. 

(g) Exceptions from stopping requirements.-The driver 

of a \,chicle upon a highway with separate roadrvays need 

not stop upon meeting or passing a school bus with actu- 

ated red signal lights which is on a different roadway. 

(h) Loading zones for school children.--Every school 

district transporting school children by school bus shal? 

establish and maintain school bus loading zones at or 

near all schools to or from which school children are 

transported and shall establish school bus loading zones 

nlonz the highways traversed by school buses in ac- 

cnrdance with regulations promulgated by the depart- 

ment. 

(i) Mandatory use of loading zones.-Whenever school 

bus loading zones have been established at or near a 

school or along a highway, it is unlawfal for a schonl bus 

operator to stop the bus to pick up or discharge school 

children at any location other than at the loading zones. 

A list of approved loading zones for the route of thc bus 

shall be carried by the operator. 

(i) penalty.-~ny violating subsection (a) is 

guilty of a summary offense and shall, upon conviction, 

he sentenced to pay a fine of $100. 

SUBCHAPTER E 

STOPPING, STANDING AND PARKING 

Sec. 

3351. Stopping. standing and parking oritside business 

and residence districts. 

3352. Removal of vehicle hv or at direction of police, 

3353. Prohibitions in specified places. 

3351. Additional parking regulations. 


$ 335!, stopping, and parking outside business 

and residence districts. 

(a) General rule-Outside a business or residence dis- 

trict, person 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 

roadway, In the event it is to stop, park nr 

stand the vehicle on the roadway or any part of the road- 

way, an unobstructed width of the highway opposite the 

vehicle shall be left for the free passage of other vchicl~s 

and the vehicle shall be visible from a distance of 500 feet 

in each direction upon the highway. 

(h) Exceptinn for disabled vehicles.-~his 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 im- 

possible to avoid stopping and temporarily leaving the 

vehicle in that position. 

5 3352. Removal of vehicle by ar at direction of police. 

(a) 0ul.side husiness and residence districts.-Whenever 

any police officer finds a vehicle in violation of zny of 

the provisions of section 3351 (relating to stopping, stnnd- 

mg and parking outside business and residence districts), 

the ofiiccr may move the vehicle, or cause the vehicle to 

he 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 un- 

duly with the normal movement of traffic or constitute a 

safcty hazard. 

(h) Unattended vehicle ohstructing traffic.-Any policc 

uflicer may remove or cause to he removed to a place 

of safety any unattended vehicle illegally left stanilini: 

(2) The person or persons in charge of the vehicle are 

physically unable to provide for the custody or removal 

of the vehicle. 

(3) The person driving or in control of the vehicle is 

arrested for an alleged offense for which the officer is 

rcqi~ired by law to take the person arrcsted before an 

issuing authority without unnecessary delay. 

(4) The vehicle is in violation of section 3353 (relating 

to prohibitions in specified places) except for overtime 

parking. 

(5) The vehicle has been ahandoned as defined in this 

title. The officer shall comply with the provisions of 

subsection (d) and Chapter 73 (relating to abandoned ve- 

hicles and cargos). 

(d) Notice to owner prior to removal.- 

(1) Prior to removal of an abandoned vehicle hearing 

a registration plate by which the last registered owner 

of the vehicle can be determined, notice shall hc scnt 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 five days oi the date notice is 

mailed, the vehicle will be removed under this section 

and held at a suitable facility where it may be reclaim- 

ed by the owner in accordance with the provisions of 

section 7306 (relating to payment of costs upon reclaim- 

ing vehicle). If the abandoned motor vehicle does not 

bear an identifiable registration plate, the notice may 

be secured to the vehicle. 

(2) if, within the five-day period, the owner so 

requests, the owner shall be given an opportunity to 

explain to the police officer or department why the 

owner helieves the vehicle should not he moved. If the 

policp officer or department determines that the vehicle 

shall, nonetheless, he moved, the owner shall he i:iven 

an additional 48 hours to move the vehicle or have it 

moved. 

(3) The provision for notice set forth in this subsrctiun 

is in addition to any other nutice requirements provided 

~n Chapter 73. 

! 3353. in places. 

(a) when avoid 'On- 

flict with other traffic or to protect the safety of any 

person or vehicle or in compliance with i.aw or the direc- 

tionsoof a police officer or official traffic-control device, 

perSon 

(I) Stop, Or park a 

(i) On the roadway side oP any vchjcle stopped or 

parked at the edge or of a that 

prdalcycle may he parked as provided in scctirln 

"309(h) (2) to parl'lng). 

(ii) On a sidewalk except that a pedalcycle may 

hc parked as provided in 3501)(h)(2). 

(iii) Within an intersection. 

(iv) On a crosswallr. 

(v) Between a safety zone and the adjacent curb 

within 30 feet of polnts on the curb immediately 

opposite the ends of a safety zone, unless a different 

length is indicated by official traffic-control devices. 

(vi) Alongside or opposite any street escavntion 

or obstruction when stopping, standing or parking 

would obstruct traffic. 

(vii) Upon any bridge or other elelrated structure 

upon a highway or within a highway tunnel. 

(viii) On any railroad tracks. 

(ix) In the area between roadways of a divided 

highway, including crossovers. 

(x) At any place where official signs prohibit 

stopping. 

(2) Stand or park a vehicle: 

(i) In front of a puhlic or private driveway. 

(ii) Within 15 feet of a fire hydrant. 

(iii) Within 20 feet of a crosswalk at an inter- 

section. 

(iv) Within 30 feet upon the approach to any flauh- 

upon any highway, bridge, causeway or in any tunnel, in 

s,~ch position or under such circumstances as to interfere 

~:nrluly with the normal movement of traffic or 

constitute a safety hazard. 

(c) Removal to garage or place of safety.--Any police ing signal, stop sign, yield sign or traffic-control 

officer may remove or cause to be removed to a nearby 

garage or other place of safety any vehicle found upon a / signal located at the site of a roadway. 

; (v) Within 20 feet of the driveway entrance to any 

highway under any of the following circumstances: 

1 fire station or, when properly sign posted, on the 

(1) Reuort has been made that the vehicle has been j side of a street opposite the entrance to any fire 

stolen or taken without the consent of its owner. station within 75 feet of the entrance.


(vi) Where the vehicle would prevent the free 

movement of a streetcar. 

(vii) On a limited-access highway unless au- 

thorized by official traffic-control devices. 

(viij) At any place where official signs prohibit 

standmg. 

(3) Park a yehicle: 

(i) Wlthln 50 feet of the nearest rail of a railroad 

(e) Penalty.-Any person violating subsection (a), (b) 

or (d) is guilty of a summary offense and shall, upon 

conviction, he sentenced to pay a fine of $15. 

SUBCHAPTER F 

SPEED RESTRICTIONS

i 976. LEGISLATIVE 

in compliance with law, whenever any person drives a 

vehicle upon a roadway having width for not more than 

one lane of trafiic in each direction at less than the 

maximum posted speed and at such a slow speed as to 

lmpede the normal and ,reasonable movement of traffic, 

the driver shall, at the flrst opportunity whep and where 

it is reasonable and safe to do so and after glvlng appro- 

priate signal, drive completely off the roadway and onto 

the berm or shoulder of the highway. The driver,may 

return to the roadway after giving approplate signal 

only when the movement can he made in safety and so 

as not to impede the normal and reasonable movement 


5 3366. Charging speed violations. 

h every charge of violation of a speed provision in this 

subchapter, except for a violation of section 3361 (relat- 

ing to driving vehicle at safe speeri), the citation or 

complaint shall specify the speed at which the defendant 

is alleged to have driven and the applicable speed limit. 

§ 3367. Racing on highways. 

(a) Definitions.-As used in this section the following 

words and phrases shall have the meanings given to 

them in this subsection: 

race,n ~h~ of two or more 

of traffic. 

from a point side by side at accelerating speeds in a 

(c) Establishment of minimum speed 1irnit~~At any competitive attempt to outdistance each other, or the 

other time when the department or local autbnrltles under operation of one or more vehicles over a common selected 

their respective jnrisdirtions d~termine on the basis of course, from the same point to the samp point. for the 

an engineering and traffic investigation that slow speeds purpose of comparing the relative speeds or pnrver of 

on any hiehway or part of a highway impedt' the normal acceleration of the vchicle or vehicles within a ccrtoin 

and rrasonahlc movement of traffic, the denartment or distance or time limit. 

such local authority may determine and declare a mini- u~ace." T ~ C use of one or more vehicles in 

mum speed limit below which no person shall drive a to outgain, outdistance or prevent anolher vchicle from 

vrhicle except when necessary for safe operation or in passing, to arrive at a given destination zhead of a!iother 

compliance with law. The minimum limit shall he effec- vehicle or vehicles, or to test the physical stamina or 

tivc when posted upon appropriate fixed or variable endurance of drivers over long distancc driving routes. 

slgns. 

(h) General rule.--No person shall drive a vehic!e on 

a highway in any race, speed competition or contest, 

$ 3365. Special speed limitations. 

drag race or acceleration contest, test of physical mdi~r- 

(a) Erid):i?s 2nd rlcvatrri structures - 

ance, exhibition of speed or acceleration, or for the nurpose 

of making a speed record, and no person shall in 

(I) NO person shall drive a vehicle over any bridge or 

other elevated structilrc constituting a part of a highway 

any manner particinate in any such race, competition, 

test or 

at a speed which is greater than the maximum speed 

which can be maintained with safety to the bridge or 

(,) permits for special activities.-The department or 

local authorities within their jurisdiction may issue perst:.ucture 

when the structure is posted with signs as pro- mits special activities which would otherwise be provided 

in this subsection. 

hibited by this section. 

(2) The department and local authorities on highways (d) Penalty.-Any person violating this section is guilty 

under their respective jur?sdictions may rolldllct a traf- of a summary offense and shall, upon conviction, he seniic 

and engineering investigation of any bridge or other tenced to pay a fine of $200. 

elevated structure constituting a part of a hiqhway, and 

if it shall thereupon find that the structure cannot 5 3368. Speed timing devi~es. 

safely withstand vehiclcs traveling at the speed otherwise (a) Speedometers authonzcd.-The rate of speed of any 

permissible under this title, the department or local au- vehicle may be timed on any highway by a i>olire officer 

thority shall determine and declare the masimum speed nsing a motor vehicle equipped with a speedometer. In 

of vehicles which the structure can safely withstand, and ascertaining the speed of a vehicle by the use of a 

shall cause or permit official traffic-control devices stat- speedometer, the speed shall he timed for a distance of 

ing the masimum speed to be erected and maintained not less than three-tenths of a mile. 

before each end of the structure. 

(h) Testing of speedometers.-The department may 

(3) Upon the trial of any person charged with a appoint stations for testinc speedometers and may p1.etioil 

of this proof of the determination of the xrihe regulations as to the manner in which the test 

speed by the department and the 

shall he made. Speedometers shall have been test4 for 

the signs shall constitute conclusive evidence oi the maxi- accuracy within a period of 60 days prinr to the alleged 

m,r,n speed which can be maintained with safety to the violation. A certificate from the station showing that the 

lxidge or structure. 

test was made, the date of the test and the degree of accuracy 

of the speedometer shall he conlpetrnt and prima 

(b, School zones,-When passing a school zone as de. 

fined and established under regulations of the departfacie 

evidence of those facts in every proceeding in which 

ment, no person shall drive a vehicle at a speed greater 

a Of lhis lit'' is charged' 

that for the particular zone, An 

(c) Mechanical, electrical and electronic devices auofficial 

traific-control device shall indicate the beginning thorized.and 

end of each school zone to traffic approaching in The rate Of speed any may be timed On 

each direction. ~ ~ t ~ b lof i a ~ school h ~ zone, ~ ~ including t 

any highway by a police officer using a mechanical or 

Qeed its location, hours of operation and speed limit, shall he 

timing device. 

approved by the department, 

(2) Electronic devices such as radio-microwave devices 

(commonly referred to as electronic speed meters or 

(c) Iiazardous grades.--The department and local au- radar) may be used only by members of the Pennsyltl~orities 

on highways under their respective jurisdictions vania state police. may he convicted unon 

may conduct traffic and engineering investigations on 

ohtained through the use of such devires unless 

grades which are considered hazardous. If the gradc is the recorded is six or more miles pcr hour in exdctcrmined 

to he hazardous. vehicles having a gross ,,,, of the legal speed limit. 

wr:ight in excess of a determined safe weight may he (d) ~~~~~~~l and testing of mechanical, electrical and 

further limited as to maximum speed and he re- electronic devices.-~ll mechanical, electrical nr elecquired 

to stop before proceeding downhill. The rrstric- tronic devices shall be of a type approved by the detians 

shall be indicated by official traffic-control devices partment, which shall appoint for calibrating 

erecl.ed and maintained according to regulations estab- and testing the devices and may prescribe =egulations as 

lished by the department. 

to the manner in which calibrations and tests shall be 

(d) Penalty.-rlny person violating any provision of n~arlr. The dtlyicrs s11a11 liave been tested for ~ccllr?cy 

this section is guilty of a summary offense and shall, upon within a pcriod of fiO days prior to the alleged violation. 

conviction, he sentenced to pay a fine of $35. Any person A certificate from the station showing that the calibracsceeding 

a maximum speed limit established under thic tion and test were made within the required period, and 

section by more than five miles per hour shall pay an that the device was accurate, shall be compstent and 

additional fine of $2 per mile for each mile in excrss of prima facie evidence of those facts in every proceeding 

five miles per hour in excess of the maximum speed limit. in which a violation of this title is charged. 

-

CHAPTER 35 

SPECIAL VEHICLES AND PEDESTRIANS 

Suhchapter 

A. Operation of Pedalcycles 

B. Special Rules for Motorcycles 

C. Rights and Duties of Pedestrians 

SUBCHAPTER A 

OPERATION OF PEDALCYCLES 

Sec. 

3501. Applicability of traffic laws to pedalcyclcs. 

3502. Penalty for violation of subchapter. 

3503. Responsibility of parent or guardian. 

3504. Riding on pedalcycles. 

3505. Riding on roadways and pedalcycle paths. 

3506. Articles carried by operator. 

3507. Lamps and other equipment on pedalcpcles. 

3508. Pedalcycles on sidewalks and pedalcycle paths. 

3509. Parking. 

$ 3501. Applicability of traffic laws to pedalcycles. 

(a) General rule.-Every person riding a pedalcycle 

upon a roadway shall be granted all of the riqhts and 

shall be subject to all of the duties applicable to the 

driver of a vehicle by this title, except as to special pro- 

visions in this subchapter and except as to those provi- 

sions of this title which by their nature can have no 

application. 

(b) Application of subchapter.-The provisions of this 

subchapter apply whenever a pedalcycle is 

any highway or upon any path set aside for the exclusive 

use of pedalcycles subject to the exceptions stated in 

snbsection (a). 

5 3502. Penalty for violation of subchapter. 

Any person violating any provision of this subchapter 

is guilty of a summary offense and shall, upon convic- 

tion, be sentenced to pay a fine of $10. 

$ 3503. Responsibility of parent or guardian. 

The parent of any child and the guardian of any ward 

shall not authorize or knowingly permit the child or 

ward to violate any of the provisions of this title relating 

to the operation of pedalcycles. 

5 3504. Riding on pedalcycles. 

(a) Use of seat by ,operator.-A person propelling a 

pedalcycle shall not ride other than upon or astride a 

permanent and regular seat attached to the pedalcyclc. 

(b) Number of riders.-No pcdalcycle shall be used to 

carry more persons at one time than the number for 

which the pedalcycle is designed and equipped except 

that an adult rider may carry a child securely attached to 

the rider in a back pack or sling. 

5 3505. Riding on roadways and pedalcycle paths. 

(a) General rule.-Except as provided in subsection (b), 

every person operating a pedalcycle upon a roadway shall 

ride as near to the right side of the roadway as practicable, 

eyercising due care when passing a standing vehicle 

or one proceeding in the same direction. 

LEGISLATIVE JOURNAGHOUSE June 8, 

5 3506. Articles carried by operator. 

No person operating a pedalcycle shall carry any pack- 

age, bundle or article which prevents the driver from 

keeping at least one hand upon the handlebars. 

$ 3507. Lamps and other equipment on pedalcycles. 

(a) Lamps and reflectors.-Every pedalcycle when in 

use between sunset and sunrise shall be equipped on the 

front with a lamp which emits a white light visible from 

a distance of at least 500 feet to the front and with a red 

reflector on the rear of a type approved by the depart- 

ment which shall be visible from all distances from 100 

feet to 600 feet to the rear and with an ambcr reflector 

on each side. A lamp emitting a red light visible from a 

distance of 500 feet to the rear may be used in addition 

to the red reflector. A lamp worn by the operator of n 

pedalcycle shall comply with the requirements of this 

subsection if the lamp can he scen at the distances speci- 

fied. All lamps and reflectors shall he of a type approv- 

ed by the department. 

(b) Audible siqnal devices.-A pedalcyclc may be 

equipped with a device capable of giving a signal audible 

lor a distance of at least 100 feet except that a pedalcycle 

shall not be equipped with nor shall any person use upon 

a pedalcycle any siren. 

(c) Brakes.-Every pedalcycle shall be equipped with 

a braking system which will stop the pedalcycle in 15 

feet from an lnltlal speed of 15 miles per hour on a dry, 

level and clean pavement. 

$ 3508. Pedalcycles on sidewalks and pedalcycle paths. 

(a) Right-of-way to pedestrians.-A person riding a 

pedalcycle upon a sidewalk or pedalcycle path used by 

pedestrians shall yield the right-of-way to any ~edestrian 

and shall give an audible signal before overtaking and 

passing a Pedestrian. 

(b) Business districts.-A person shall not ride a pedal- 

cycle upon a sidewalk in a business district unless pcr- 

mitted by official traffic-control devices, nor when a 

usable pedalcycle-only lane has been provided adjacent 

to the sidewalk. 

$ 3509. Parking. 

(a) Sidewalk.- 

(1) A person may park a pedalcycle on a sidewalk 

unless prohibited or restricted by an official trsffic-con- 

trol device. 

(2) A pedalcycle parked on a sidewalk shall not im- 

pede the normal and reasonable movement of pedestrian 

or other traffic. 

\", -..-Ju. 

(1) A pedalcycle may be parked on the roadway at 

any angle to the curb or edge of the roadway at any loca- 

tion where narkine is allowed. 

(2) A- pe'dalcycye hay be parked on the roadway 

abreast of another pedalcycle or pedalcycles near the side 

of the roadway at any location where parking is allowed. 

(3) A person shall not park a pcdalcycle on a roadway 

in such a manner as to obstruct the movement of a 

(b) One-way highways.-Any person operating a pedalrvcle 

unon a roadwav of a hiehwav. which hiehwav car- 

SUBCHAPTER B 

-" ~ ~ 

ries tra?fic in one drection only &d has two o; more SPECIAL RULES FOR MOTORCYCLES 

marked traffic lanes, may ride as near the left-hand curb 

or edge of the roadway as practicable, exercising due care set. 

when passing a standlng vehicle or one proceeding in the 3521. A~nlicabilitv of traffic laws to motorcvcles " 

same direction. 

3522. Riding on motorcycles. 

(c) Limitation on riding abreast.-Persons riding pedal- 3523. operating motorcycles on roadways laned for 

cycles upon a roadway shall not ride more than two traffic. 

abreast except on paths or parts of roadways set aside for 3524. Footrests and handlebars. 

the exclusive use of pedalcycles. 

3625. Protective equipment for motorcycle riders. 

(d) Use of available pedalcycle paths.-Whenever a 

lane or path for pedalcycles has been provided as part of 5 3521. Applicability of traffic laws to motorcycles. 

a highway, pedalcycle riders shall use the lane or path Every person operating a motorcycle shall be granted 

and shall not use any other part of the highway. This all of the rights and, shall hc subject to al! of the duties 

subsection does not apply when use of the pedalcycle applicable to the drlver of any other veh~cle under this 

lane or path is not possible, safe or reasonable. title, except as to special provisions in this subchapter

and except as to those provisions of this title which by 

their nature can have no application. 


3522. Riding on motorcycles. 

(a) Use of seat by operator and passengers.-A person 

riperating a motorcycle shall ride only upon the perma- 

nent and regular seat attached to the motarcycle, and the 

operator shall not carry any other person nor shall any 

other person ride on a motorcycle unless the motorryclc 

is designed to carry more than one person, in which event 

a passenger may ride upon the permanent and regular 

seat if dcisigned for two persons, or upon another seat 

firmly attached to the motorcycle at the rear or side of 

the operator. In no event shall a passenger sit in front 

of the operator of the motorcycle. 

(b) ~ ~ t of h seating,-~nless ~ d in a a 

shall ride upon a motorcycle only while sitting astride 

the seat, facing forward, with one leg on each side of the 

motorcycle. 

(c) Articles carried by operator.-No person shall 

operate a motorcycle while carrying any package, bundle 

or other article which prevents him from keeping both 

hands on the handlebars. 

(d) Interference with aperation.-No operator shall 

carry any person, nor shall any person ride, in a position 

that will interfcre with the operation or control of the 

motorcycle or the view of the operator. 

5 3523. Operating motorcycles on roadways laned for 

traffic. 

(a) Right to use of lane.-All motorcycles are entitled 

to full use of a lane and no motor vehicle shall be driven 

in such a manner as to deprive any motorcycle of the full 

usc of a lane. 

(b) Overtaking and passing.-The operator of a motorcycle 

shall not overtake and pass in the same lane occupied 

by the vehicle being overtaken. 

(c) Operation between lanes or vehicles.-No person 

shall operate a motorcycle between lanes of traffic or 

between adjacent lines or rows of vehicles. 

(d) Limitation on operating abreast.-Motorcycles shall 

not be operated more than two abreast in a single lane. 

(e) Limited access highways.-No motorized pedalcycle 

shall be operated on any limited access highway. 

(f) Exception for police officers.-Subsections (b) and 

(c) do not apply to police officers in the performance of 

their official duties. 

$ 3524. Footrests and handlebars. 

(a) Passengers.-Any motorcycle carrying a passenger, 

other than in a or enclosed cab, shall he equipped 

with footrests and handhold for the passenger. 

(b) Height of handlebars.-No person shall operate any 

motorcycle with handlebars above shoulder-height of the 

operator while properly seated upon the motorcycle. 

$ 3525. Protective equipment for motorcycle riders. 

(a) Protective headgear.-No person shall operate or 

ride upon a motorcycle or a motor-driven cycle (other 

than a motorized pedalcycle) unless he is wearing 

tective headgear which complies with standards estab. 

1isht.d by the department. 

(b) Eye-protective devices.-No person shall operate or 

ride upon a motorcycle unless he is wearing an eye. 

protcctivc device of a type approved by the department. 

(c) Approval of equipment.-The department may ap. 

ilrove or disapprove protective headgear and eye-protec. 

tive devices under this section and may issue 

and enforce regulations establishing standards and speci. 

fications lor the approval of the headgear and devices. 

The department shall publish lists of all protective head- 

gear and eye-protective devices name and type which 

have been approved. 

3542. Right-of-way of pedestrians in crosswalks. 

3543. Pedestrians crossing at other than crosswalks. 

3544. Pedestrians walking along or on highway. 

3545. Pedestrians soliciting rides or business. 

3546. Driving through or around safety zone. 

3547. Rigllt-of-way of pedestrians on sidewalks. 

3548. I'edestrians to yield to authorized emergency ve- 

hicles. 

3540. Blind pedestrians. 

3550. Pedestrians under influence of alcohol or con- 

trolled substance. 

3551. Compliance wlth bridge and railroad warning 

slgnals. 


S 3541. Obedience of pedestrians to traffic-control de- 

vices and regulation~. 

(a) Traffic-control devices.-A pedestrian shall obey 

the instructions of a police officer or other appropriately 

attired person authorized to direct, control or regulate 

trafllc. 

(b) Traffic and pedestrian-control signals.-Local au- 

thorities by ordinance may require pedestrians to obey 

traffic and pedestrian-control signals as provided in sec- 

tions 3112 (relating to traffic-control signals) and 3113 

(relating to pedestrian-control signals). 

S 3542. Right-of-way of pedestrians in crosswalks. 

(a) General rule.-When traffic-control signals are 

not in place or not in operation, the driver of a vehicle 

shall yield the right-of-way to a pedestrian crossing the 

roadway within any marked crosswalk or within any un- 

marked crosswalk at an intersection: 

(b) Exerclse of care by pedestrian.-No pedestrian 

shall suddenly lcave a curb or other place of safety and 

walk or run into the path of a vehicle which is so close 

as to constitute a hazard. 

(c) Limitation on vehicles passing.-Whenever any ve- 

hiclc is stopped at any crosswalk at an intcrsection or at 

any marker1 crosswalk to permit a pedestrian to cross the 

foadway, the driver of any other vehicle approaching 

corn the rcar shall not overtake and pass the stopped 

vehicle. 

(d) Application of section.-Subsection (a) does not 

apply, under the conditions stated in section 3543(b) 

(relating to pedestrians crossing at other than cross- 

wa!ks). 

5 3543. Pedestrians crossing at other than crosswalks. 

(a) Genera1 rule.-Every pedestrian crossing a roadway 

at any point other than within a crosswalk at an inter- 

section or any marked crosswalk shall yield the right- 

of-way upon the 

(b) At pedestrian Or Overhead crossing.-An~ 

pedestrian crossing a roadway at a point where a ~edes- 

trian tunncl or overhead pedestrian crossing has been 

provided shall yield the right-of-way to all vehicles upon 

thc 

('2) Between controlled intersections in urban district. 

--Between adjacent intersections in urban districts at 

which traffic-control signals are in operation pedestrians 

shall not cross at any place except in a marked crosswalk. 

(d) Crossing intersection diagonally.-No pedestrian 

shall cross a roadway intersection diagonally unless authoriz~ri 

hy official traffic-control devices or at the direction 

of a police officer or other appropriately attired person 

authorized to direct, control or regulate traffic. When 

mthorized to cross diagonally, pedestrians shall cross 

?nly in accordance with the signal pertaining to the cross- 

'"6 

r44, Fedcstrians walking along or on 

ntandatory use 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. 

SUBCHAPTER C 

(b) Absence of sidewalk.-Where a sidewalk is not 

RIGHTS AND DUTIE,S OF PEDESTRIANS available, any pedestrian walking along and upon a high- 

1 way shall walk only on a shoulder as far as practicable 

Sec. 

I from the edge of the roadway. 

3541. Obedience of pedestrians to traffic-control devices ' (c) Absence of sidewalk and shoulder.-Where neither 

and regulations. : a sidewalk nor a shoulder is available, any pedestrian


wilklng along and upon a highway shall \ralk as nclr 3; rier at a railroad grade crossing or bridge while the gate 

pm


of a vehicla available to moving traffic for a period of 

time longer than necessary to load or unload passengers. 

5 3706. Riding in house trailers, mobile homes or boats 

on trailers. 

(a) General rule.-No person or persons shall occupy a 

hol~se trailer, mobile home or hoat on a trailer while it 

is bcing moved upon a highway. 

(b) Towing prohibited.-No person shall tow on a 

highway a house trailer, mobile home or hoat on a trailer 

ocziipicd by a passenger or passengers. 

(c) Exception for certain semi-trailers.-A semi-trailer 

which is attached to a truck in an articulating manner by 

means of a fifth wheel semi-trailer coupling device at. 

tached to the carrying compartment of the truck may he 

occupied by a passenger or passengers. The coupling 

device shall have a two-inch or larger kingpin. All 

windows shall have safety glass. Some means of dec. 

trical or electronic communications approved by the department 

is required between the cab of the truck and 

the semi-trailer. 

$ 3707. Driving or stopping close to fire apparatus. 

The driver of any vehicle other than one on official 

business shall not follow any fire apparatus traveling in 

response to a fire alarm closer than 500 feet or stop the 

vehicle within 500 feet of any fire apparatus stopped in 

answer to a fire alarm. 

5 3708. Unauthorized driving over fire hose. 

No vehicle shall be driven over any unprotected hose 

of a fire department when laid down on any highway, 

private road or driveway, for use at any fire or alarm 

of fire, without the consent of a fire department officer, 

a police officer or other appropriately attired person au- 

thorized to direct, control or regulate traffic at the scene. 

$ 3709. Depositing waste and other material on highway. 

(a) General rule.-No person shall throw or deposit 

upon any highway any waste Paper, sweepings, ashes. 

household waste, glass, metal, refuse or rubblsh, or any 

dangerous or detrimental substance. 

(b) Removal of deposited material.--Any person who 

drops, or permits to be dropped or thrown, upon any 

highway any waste paper, sweeping, ashes, household 

waste, glass, metal, refuse or rubbish, or any dangerous 

or detrimental substance shall immediately remove the 

same or cause it to be removed. 

(c) Removal of material following accident-Any per- 

son removing a wrecked, damaged or disabled vehicle 

from a highway shall remove from the highway or neu- 

tralize any glass, oil or other injurious substance resulting 

from the accident or disablement. 

(d) Penalty.-Any person violating any of the provi- 

sions of subsection (a) or (b) is guilty of a summary of- 

fense and shall, upon conviction, be sentenced to pay a 

fine of not more than $300. 

$ 3710. Stopping at intersection or crossing to prevent 

obstruction. 

No driver shall enter an intersection or a crosswalk or 

drive onto any railroad grade crossing unless there is 

sufficient space on the other side of the intersection, 

crosswalk or railroad grade crossing to accommodate the 

vehicle operated without obstructing the passage of other 

vehicles, pedestrians or railroad trains notwithstanding 

any traffic-control signal indication to proceed. 

$ 3711. Unauthorized persons and devices hanging on 

vehicles. 

(a) General rule.-No person shall hang onto or ride 

on the outside or the rear end of any vehicle and no per- 

son on a p~dalcycle, motorcycle, roller skates, sled or any 

similar device, shall hold fast to or attach the device 

to any moving vehicle or streetcar, and no operator of a 

vehicle or streetcar shall knowingly permit any person 

to hang onto or ride on the outside or rear end of the 

vehicle or streetcar operated, or allow any person on a 

pedalcycle, motorcycle, roller skates, sled or any similar 

device to hold fast or attach the device to the vehicle or 


garbage trucks or employees of public utility companies 

acting pursuant to and during the course of their duties 

or to other persons exempted by department regulations 

from the application of this section. This section does 

not prohibit attaching a trailer or semi-trailer to a pedal- 

cycle. 

$ 3712. Abandonment and stripping of vehicles. 

(a) Abandonment oil highway.-No person shall aban- 

don a vehicle upon any hlghway. 

(b) Abandonment on publlc or private property.-No 

person shall abandon a vehicle upon any public or pri- 

vate property without the express or implied consent of 

thc owner or pcrson in lawful possession or control of 

the property. 

(c) Stripping abandoned vehicle.-It is unlawful for 

any person, except the owner or his agent or as other- 

wise provided in this title, to remove any part of an 

abandoned vehicle. 

(dl Penalties.- 

(1) Any person violating subsection (a) or (b) is 


bc sentenced to pay a fine of $50 plus all costs of dispos- 

ing of the vehicle under the provisions of Chapter 73 

(relating to abandoned vehicles and cargos). 

(2) Any person violating subsection (c): 

(i) For a first offense, is guilty of a summary of- 

fense punishable by a fine of not less than $100 nor 

more than $500. 

(ii) For a subsequent offense, is guilty of a misde- 

meanor of the third degree. 

$ 3713. Railroad trains not to block crossings. 

Nn person or government agency shall operate any 

train in such a manner as to prevent vehicular use of 

any roadwny for a period of time in excess af five con- 

secutive minutes except under any of the following cir- 

cumstances: 

(I) When necessary to comply with signals affecting 

the safcty of the movement of trains. 

(2) When necessary to avoid striking any object or 

person on the track. 

(3) V,'hen the train is disabled. 

(4) ,When the train is in motlon except while engaged 

in switching operations. 

(5) When there is no vehicular traffic waiting to use 

the rrossings. 

(GI When necessary to comply with a governmental 

s;,fety regulation. 

$ 3714. Reckless driving. 

Any pcrson who drives a vehicle in careless disregard 

for the safety of persons or property is guilty of reck- 

lcss driving, a summary offense. 

SUBCHAPTER B 

SERIOUS TRAFFIC OFFENSES 

Sec. 

3731. Driving under influence of alcohol or controlled 

substance. 

3732. Homicide by vehicle. 

3733. Fleeing or attempting to elude police officer. 

3734. Driving without lights to avoid identification or 

arrest. 

$ 3731. Driving under influence of alcohol or controlled 

substance. 

(a) Offense defined.-A person shall not drive any 

vehicle while: 

(1) under the influence of alcohol to a degree which 

renders the person incapable of safe driving; 

(2) under the influence of any controlled substance, as 

defined in the act of April 14, 1972 (P. L. 223, No. 64), 

known as "The Controlled Substance, Drug, Device and 

Cosmetic Act," to a degree which renders the person in- 

; capable of safe driving; or 

(3) under the combined influence of alcohol and a 

streetcar operated on any highway. 

1 I ~ontrolled substance to a degree which renders the person 

(b) Exceptions.-This section is not applicable to fire- i incapable of safe driving. 

men or garbage collectors or operators of fire trucks or (b) Authorized use not a defense.-The fact that any

person charged with violating this section is or has been 

legally entitled to use alcohol or controlled substances is 

not a defense to any charge of violating this section. 

(c) Certain arrests authorized.-In addition to any 

other powers of arrest, a police officer is hereby au- 

thorized to arrest without a warrant any person who 

the officer has probable cause to believe has violated the 

provisions of this section, regardless of whether the al- 

leged violation was committed in the presence of such 

officer. 

(d) Penalty.-Any person violating any of the provi- 

sions of this section is guilty of a misdemeanor of the 

third degree. 

§ 3732. Homicide by vehicle. 

Any person who unintentionally causes the death of 

another person while engaged in the violation of any law 

of this Commonwealth or municipal ordinance applying 

to the operation or use of a vehicle or to the regulation 

of traffic is guilty of homicide by vehicle, a misdemeanor 

of the first degree, when the violation is the cause of 

death. 

5 3733. Fleeing or attempting to elude police officer. 

(a) Offense defined.-Any driver of a motor vehicle 

who wilfully fails or refuses to bring his vehicle to a 

stop, or who otherwise flees or attempts to elude a pursuing 

police vehicle, when given visual or audible signal 

to bring the vehicle to a stop, is guilty of a summary 

offense and shall, upon conviction, be sentenced to pay 

a fine of $200. 

(h) Signal by police officer.-The signal given by the 

police officer may be by hand, voice, emergency lights or 

","on 

(c) Defenses.-It is a defense to a prosecution under 

this section that the pursuing police vehicle was not 

clearly identifiable by its markings or, if unmarked, was 

not occupied by a police officer who was in uniform and 

displaying a badge or other sign of authority. 

5 3734. Driving without lights to avoid identification or 

arrest. 

Any person who drives without lights or turns off any 

or all the lights on a motor vehicle for the purpose of 

avoiding identification or arrest is guilty of a summary 

offense and shall, upon conviction, he sentenced to pay a 

fine of $200. 

SUBCHAPTER C 

ACCIDENTS AND ACCIDENT REPORTS 

scc. 

37.11 Application of suhchapter. 

3712. Acc~dcnts involving dcnth or pcrsnnal injury. 

- - 

3713. Acc~dents invol\,inc dnmartc to nttcndcd vch:c!e i,r 


quirements of section 3744 (relating to duty to givc 

information and render aid). Every stop shall he made 

without obstructing traffic more than is necessary. 

(b) Penalty.-Any person violating this section is 

gu~lty of a misdemeanor of the third degree. 

5 3743. Accidents involving damage to attended vehicle 

or property. 

(a) General rule-The driver of any vehicle involved 

in an accident resulting only in damage to a vehicle or 

other property which is driven or attended by any person 

shall immediately stop the vehicle at the scenc of the 

accident or as close thereto as ~nssihle but shall forth- 

with return to and in cvery cvcnt shall remain at thc 

scene of the accident until he has fullilled the require- 

ments of section 3744 (relating to duty to give inlormation 

and render aid). Every stop shall be made without ob- 

structing traffic more than is necessary. 

(b) penalty.-Any person violating this scctioll is guiliy 

,f a offense, punishable by a fine of $300 or 

imprisonment for not more than 90 days, or both. 

$ 3744. Duty to give information and render aid. 

(a) General rule.--The drivcr of any vchic!e involved 

in an accident resulting in injury to or death of any 

person or damage to any vehicle or other property which 

is driven or attended by any person shall give his name, 

address and the registration number of the vehicle he is 

driving, and shall upon request exhibit his driver's license 

and proof of insurance to any person injured in the 

accident or to the drivcr or occupant of or person at- 

tending any vehicle or other property damaged in the 

accident and shall give the information and upon request 

exhibit the license and proof of insurance to any police 

officer at the scene of the accident or who is investigat- 

ing the accident and shall render to any person injured 

in the accident reasonable assistance, including the mak- 

ing of arrangements for the carrying of the injurcd person 

to a physician, surgeon or hospital for medical or sur- 

gical treatment if it is apparent that treatment is neccs- 

sary or if requested by thc injured person. 

(b) Report of accident to police.-In the event that 

none of the persons specified are in condition to receive 

the information to which th-y atherwise would hc en- 

titled under subsection (a) and no police officer is 

present, the driver of any vehicle involved in the accident 

after fulfilling all other requirements of section 3742 (re- 

lating to accidents involving death or personal injury) 

and subsection (a), in so far as possible on his part to 

he performed, shall forthwith report the accident to the 

nearest office of a duly authorized police department and 

submit to the police department the information specified 

property. 

3744. Duty to give information and render aid. 

-~~ ~- ~-~. 

3745. Accidents involving damage to unattended vehicle aczident who aie physically able to give the information 

or property. 

or assistance required in this scction, each of the other 

3746. Immediate notice of accident to police department. occupants shall fully reveal the identity of himself and 

3747. Written report of accident by driver or owner. the l;dentity of the driver of the vehicle -and of the owner 

3748. False reports. 

of the vehicle of which they are occupants and shall 

3749. Reports by coroners and medical examiners. otherwise perform the duties of the driver as set forth in 

3750. Reports by garages. 

I subsection (a). 

3751. Reports by police. 

3752. Accident report forms. 

B 3745. Accidents involving damage to unattended ve- 

3753. Department to tabulate and analyze accident rehicle 

or property. 

ports. 

The driver of anv vehicle which collides with or is 

3754. Accident prevention investigations. 

1lnvolved ' . in ' . an accident with any veh~clc or other property 

wh~ch IS unattended resulting in any damage to the 

5 3741. Application of subchapter. 

The provisions of this subchapter shall apply upon 

highways and traffic ways throughout this Commonwealth. 

~ ~~~-~~ 

5 3742. Accidents involving death or personal injury. the ceriificate of insurance and the registration nulf;h& 

(a) General rule.-The driver of any vehicle involved of the vehicle being driven or shall attach securely in a 

in an accident resulting in injury or death of any person 

shall immediately stop the vehicle at the scene of the 

accident or as close thereto as possible but shall then 

forthwith return to and in every event shall remain at 

the scene of the accident until he has fulfilled the re-

d~;ly a~lh ri,rcl 1: ~lirr ri~partmenr. t:vcry stop shall br 

rn-rl.. \,::lhc~:t ,'..,I~...:!::A tr:!!i~~ !:I :c- tl?:~? 15 IICYSLI?~ 

8 3746. Immediate notice of accident to police depart- 

ment. 

(a) General ru1c.-The driver of a vehicle involved in 

an accident shall immediately by the quickest means of 

communication give notice to the nearest office of a duly 

authorized police dcpartment if the accident involves: 

(1) injury to or death of any person; or 

(2) damage to any vehicle involved to the extent that 

it cannot be drivcn under its own powcr in its customary 


mnnncr w'thout further damage or hazard to the veh'cle 

other traffic elements. or the roadway. . and therefore 

requires towing. 

(h) Duty of occupant when driver disabled.-Whenever 

the ,driver of a vehicle is physically incapable of giving 

an lnmrdiale notice of an accident as required in suhsection 

(a) and there is another occupant in the vehicle 

at thc time of the rrccidcnt capable of doing so, the occilpzlnt 

shall make or cnusc to he given the notice not 

gir~n liy the drivcr. 

(c) Investigation by police officer.-Every accident reported 

to a police dcparlment rcouircd in this section 

zha1.l be investigated by a police officcr who shall providf 

each driver a signed statement that the accident was 

reported. 

S 3747. Written rewort of accident by driver or owner. 

(a) General rule.-If a police officer docs not investigate 

an accident required to he investigated by sectipr 

274fi -. .- (relating ~ ~.~~ to immediate notice of accident to wollce 

n ~ - - ~ - ~ ~ ~ 

department), the drivcr if a vehicle which is in anymanner 

involved in the accident shall, within five days of 

during t.hc pcricd of incapacity. 

(d) Duty of owner if driver disabled.--\Vhenel,er the 

driver is physically incapable of making a written report 

of an accident as required in this seclion and the driver 

is not the owner of the vchicle, then the owner of thr 

vehicle involved in the accident shall, within five davi 

:~fter the accident, make the report not made by the 

driver. 

(e) Confidentiality of reports.-All written reports re- 

iiii'red in this section to be forwarded to the departmenl 

by iii-ivcrs or owncrs of vehicles involved in accident2 

shnll be witliilut prejudice to the individual so reporting 

and shall l,c for ti,? confidential use ~f the dewnrtment or 

a,;, other governmental asency or their representative? 

having use for the rccords for accident prevention pur- 

poses. except that the department shall disclose the 

identity of a person involved in an accident when the 

identity is not otherwise known or when the wersun 

denies his presence at the accident and shall disclose 

whether any person or vehicle was covered by a vehicle 

insurance policy and the name of the insurer. 

(f) Use of reports as evidence.-No accident reoorts 

forwarded under the provisions of this section shal! ,be 

used as evidence in any trial. civil or criminal. arising 

out of an accident except that the department shall fur- 

nsh up-n demand of any party to the trial, or upon de- 

mand of any court, a certificate showing that a speci- 

fied accident report has or has not been made to the 

?.cpartment in compliance with the law and, if the re- 

port has becn made, the date, time and location of the 

accident, the names and addresses of the drivers and the 

owners of the vehicles involved. The reports may be 

used as evidence when necessary to prosecute charges 

filed in connection with a violation of section 3748 (relat- 

ilg to false reports). 

(g) Compliance with other laws required.-This section 

does not affect the duty of filing accident reports required 

by any other statute or regulations made thereunder. 

I 

cannot he deteimined. 

(c) Regulations far testing samples.-The Governor's 

Council on Drug and Alcohol Abuse shall establish and 

nromulgate rules and regulations for the testing of the 

blood and urine samples authorized to be taken from 

the accident. forward a written report of the accident to I dead bodies under this section. 


8 3750. Reports by garages. 

(b) Supplrmentnl reports.-The department may require 

any drivcr of a vchicle involved in an accident of 

The person in charge of any garage or repair shop to 

whirh written rcpnrt must be made as provided in this which is brought a vehicle which shows evidence of 

strtirin to file supplcmenlxl written repofts whenever the having been struck by any bullet shall report to the 

original report is insufficient in the oplnion of the de- nearest office of a duly authorized police department 

partment. 

within 24 hours after the vehicle is received by the 

garage or repair shop, giving the year, make and model 

(c) Exception for disabled pcrsnns-A written accident Tame of the vehicle, the vehicle identification number. 

report is not re~uircd under this suhrhnpter from any the registration plate number and address of the owner 

person who is physically incapable of making a report or driver of the vehicle. 

$ 3751. Reports by police. 

(a) General rule.-Every police department that investigates 

a vehicle accident for which a report must he 

made as required in this subchapter, or otherwise prenares 

a written report as a result of an investiqation 

either at the time and at the scene of the accident or 

thereafter by interviewing the participants or witnesses, 

shall nromntlv forward a written renort of the accident 

to the' depariment. 

(b) Furnishing copies of report.-Police departments 

:hell. upon request. furnish at a cost not to exceed $5 a 

certified copy of the full report of the police Investleation 

of any vehicle accident to any person involved in the 

qccident, his attorney or insurer, and to the Federal 

Government, branches of the military service, Commonwealth 

agencies, and to officials of political subdivisions 

and to a~gencies of other states and nations and their 

nolitical subdivisions. The copy of the report shall not 

be admissible as evidence in any action for damages or 

criminal proceedings arising out of a motor vehicle accident. 

Police departments may refuse to furnish the 

complete copy of investigation of the vehicle accident 

whenever there are criminal charges pending against any 

persons involved in the vehicle accident unless the Pennsylvania 

Rules of Criminal Procedure require the production 

of the documents. 

8 3752. Accident report forms. 

(a) Form and content.-The department shall prepare 

and upon request supply to all law enforcement agencies 

and other appropriate agencies or individuals, forms for 

written accident reports as required in this subchapter 

suitable with respect to the persons required to make the 

reports and the purposes to he served. The written report 

forms shall call for sufficiently detailed Nformatioq ~~ .


$ 3754. Accident prevention investigations. 

(a) General rule.-The department, in association with 

the Pennsylvania State Police, may conduct in-depth ac- 

cident investigations into the human, vehicle and environ- 

mental aspects of traffic accidents for the purpose of 

determining the causes of traffic accidents and factors 

which may help prevent similar tybes of accidents. 

(h) Confidentiality of reports.-Information. rccorrls 

and reports associated with in-depth acc'dent investicn- 

tions shall not he admissible as evidence in any lrgal 

action or other proceeding, nor shall officers or em- 

ployees or the agencies charged with the procurement or 

custody of in-depth accident invcstigat~r:n records and 

reports he required to give evidence pertaining to any- 

thing contained in such in-depth accident investigation 

records or reports in any legal action or other proceeding. 

. . . . 

. . 

. . . . . ~A.RT' IV 

. . 

VEHICLE CHARACTERISTICS 

Chapter 

41. Equipment Standards 

43. Lighting Equipment 

45. Other Required Equipment I 

I 

June 8, 

to disclose with reference to a vehicle accident the cause, 47. Inspection of Vehicles 

conditions then existing and the persons and vehicles 40. Size, Weight and Load 

involved. Reports for use by the drivers and owners 

shall also ~rovide for information relating . to financial 

CHAPTER 41 

responsibility. 

(b) Use.-Every accident report required to he made 

EQUIPMENT STANDARDS 

in writing shall he made on the appropriate form approved 

hy the department and shall contain all the information 

requ~red therein unless not available. 

Purpose of art. 

~efinitions. - 

5 3753. Department to tabulate and analyze accident Promulgation of vehicle equipment standards. 

reports. 

Testing and approval of equipment. 

(a) Central accident records agency.-The department Revocation and renewal of certificates of approval. 

shall establish a central accident records aEency which Market s~~rveillanre 

~ ~~- ~ . 1 

shall he the renository for all rrnortahle traff;c accidents %awful activities. ' 

as defined in this subchanter. The azency w~ll have pri- Injunctive relief. 

mary responsibility for the administration and supervision 

of storing, nrocessinq and providing the informational 

needs to all official agencies having responsibility 

in the highway transportation system. 

(h) Central accident analysis system.-The de~artment 

shall provide accident data for analysis in srlectinn nrcident 

prevention programs and in evaluating the effectiveness 

of those programs implemented. The system sha'l 

provide: 

(I) An annual report to the General Assembly comnarine 

traffic safety in Pennsylvania and other states 

which have a point system with traffic snf~ty in state? 

which do not have a point system, includinc, hut not 

limited to, the numher and percentage of accidents, serious 

accidents~ and total accidents causcd by point and 

non-point violations. 

(2) An annual statistical summary of motor vehide 

accidents includkg multi-dimensional distrib~~tinn for 

such factors as type, time and location of accident, road 

and weather conditions, type of traffic control, and condition 

and actions of operators and type and condition of 

, . . . . . . (3) Idrntiliralion of hn7.1rdu11s ro;lcl lor;!t:~,ti;. 1 

(I) Informntion on whivh policc duty aisisnmrnt mny ' 

i m t i I I 1 ~(.~ici~ll:s 

~ - ~ ~ ~~ 

(5) Evaluation of speed rehlations or other provisions 

of this title to aid the department and the General 

Assembly in determining when changes are desirable. 8 4103. Promulgation of vehicle equipment standards. 

(6) Statistical analyses of the relationship between (a) General rule.-The department shall promulgate 

non-acc~dmt traffic violations of operators and accident vehicle erjuipment standards for vehicles, equipment and 

involvement. These analyses shall include such factors devices reauired under this part. To the maximum exas 

the type, location, and severity of violations, the type, tent possihle, consistent with safety, the standards shall 

lorntion. and severity of the accidents and the responsi- be expressed in terms of minimum acceptable perforbility 

of the operators involved. 

mance levels, measured against objective testing para- 

(7) An evaluation of legal or departmental actions as 

related to driver improvement and accident redi~ction. 

(c) Highway safety statistics.-The department ma,, 

compile such other statistics for such purposes as it 

might deem helpful in advancing highway safety. 

J 4104. Testing and apprornl of equipment. 

(a) Authority of department.-The department may re-

quire new vehicles and cquipment to be tested and approved 

for compliance with the requirements of this 

part or any vehicle equipment standard adoptcd pursuant 

to scetion 4103(a) (relating to promulgation of vehicle 

equipment standards). 

(h) Basis of approval.--4pprovals may bc based on 

certifiration furnished to the department by the American 

Association of Motor Vehicle Administrators, or if 

the American Association of Motor Vehicle Administrators 

certification program does not cover the type of 

vehicle or equipment, the department shall determine approval 

on test reports preparpcl by such testing laboratories 

as the department may designate. 

(c) I'rocedure for approval.-The department shall 

ustahlish by regulation the procedure to be followed when 

req!Iest for approval of any item of cquipment is submitted 

under this srctiun. The department shall not 

unreasonably withhold designation of any laboratory 

which meds the minimum criteria established hv the 

department as an approved laboratory for equipment 

teiting. Where a regulated manufacturer has its own 

in-ho~ise testing facilities which meet the minimum criteria, 

the department may acccpt test reports from the 

manufacturer for the purpose of granting equipment 

anurovals. 


(e) Promulgation of regulations.-The department shall 

promulgate rules and regulations to effectuate the pro- 

visions of this section. 

5 4106. Market surveillance program. 

(a) General rule.-The department shall maintain a 

continuing program of market surveillance to insure that 

anv items of vehicle eauinment offered for sale in this 

I ~okmonwealth and for 'whlch anorovals are reauired are 

A. 

in compliance with the law. 

(b) Purchase and testing of samples.-The department 

may undertake at State expense random retail purchase 

and compliance testing of samples of equipment which 

is covered by a valid certificate of approval or which has 

been certified by its manufacturer as being in compliance 

with an applicable Federal motor vehicle safety standard. 

If the samples, upon testing, fail to meet the applicable 

performance requirements, the department may commencc 

revocation proceedings pursuant to section 4105 

(relatine to revocation and renewal of certificates of 

approval). 

(c) Notice of violations-If the market surveillance 

program reveals inntances of items of eauipment being 

iffcred for sale which have not been submitted for ap- 

. . 

nroval as required by State law or reaulation or have 

(d) Markings on approved equipment -Each item pf heen disapproved or have not been certified as being in 

cqunpment requiring approval by the denartment sh-11 compliance with an applicable Federal standard. imbev 

the trademark, name or code symbol under which mediate writren notice of that fact shall he furnished the 

it i? approved. If practicable, the markings shall hr dealer, distributor, wholcsaler or manufacturcr. The 

legible afler installation For the purposes oC this suh- dealer shall not thereafter sell the equipment and the 

srction, code symbol means one assigned and approve6 distributor, wholesaler or manufacturer shall recall all 

by the dcpnrtment in the abscnce of a name or trade- the equipment from all dealers. 

mark. 

,' 4107. Unlawful activities. 

(e) Lists of approved equipment-The department (a) Violation of vehicle equipment standards.shall 

maintain lists of all items of emiipmrnt whi-h havr (1) ~t is unlawful for any to sell, offer for 

been approved under authority of this Part. Copies of :ale. lease. install or replace. either separately or as part 

the lists or portions of the lists shall he lnadc availablc of the coui~ment of a vehicle, any item of vehicle equipat 

rost upon request. 

ment affecting the operation of the vehicle which does 

not comply with this title or regulations promulgated 

S 4105. Rcvocation and renewal of certificates of ap- thereunder, or which does not comp~v with an 

proval. 

Federal motor vehicle safety standard adopted by regula- 

(a) Hearing to revicw approved devices.-When the tioil hy the department. 

department has reason to believe that an approved dev~cr (2) convicted of this suhsec.ion 

being snld ccn~m.!rcially docs nct comply with the require sl,ail be to a civil penalty of not more than $100 

men!s of this part, it may, after giving 30 days' notice tr lor each violation. ~~~h violation of the provisions of 

the prrsnn holding th? rrrtificntc of approval for the %llis subsection shall constitute a separate violation with 

device, rnnduct a hearin: upon the o~irstion of compliance respect to each motor veh:cle or itern of mator vehicle 

of the apnroverl dcvice. After the hearing, the de louipn,ent or with to each failure or to 

partmrnt shall dctrrminc whether the approved device .,]low or perform an act required thereby, excent that 

nipels the reouirerncnts of this part and shall notify thr the ,,,imurn civil penalty shall not exceed $10,000 for 

per9on holding the rertificake of approval of the deter- 

of violations. 

mination. 

- 

(!I) Other violations-It is unlawful for any person to 

(b) Devices determined to he in violation.-If the de 

any of the following: 

partment determines as a rrs~llt of the hearing that thc 

drvi?e dors not meet the requirements of this part, thr 

(1) Wilfully or intentionally remove (other than for 

gprson holding thc certificate of appror.:il shall. have 

lurposes of repair and replacement) or render inoperap?riod 

of 90 d:;.,s to rrsllhmil a requrst fclr approval, I,, the. in whole or in part, any item of vehicle eoui~ment 

the ei,ent the device is cletermined to bc haza,.dolIs, thr 

yhich was required to be installed at the time of manudepartment 

may take immediate action through iniuncacture 

or thereafter upon any vehicle, by any law, rule, 

tive relief pursualll to section 4100 (r-ula+irre to iniunc- regulation or requirement of any officer or agency of the 

tive relirl). If the person holiling the rrrtificate of an. United States or of the Commonwealth, if it is intended 

proval fails in satisfy the dzparlmrnt that the rrsllh the be Operated up0n the Of this 

rniticd device as thereafter to bc meets the 

Commonwealth unless the removal or alteration is specinlents 

of this part, the department sklall revol;o the ap. fically permitted by this title or by regulations promulproval 

issued unless the device is res~zbrnitt~d to and re- zated by the department. 

tcsted by an authorized testing laboratory and is founr' (') Operate, Or cause Or permit person to 

On 

to meet the requirements of this part. The department 

any highway in this any 

mxy rcquirc that all devices soid the 

vehicle 01. combination which is not equipped as required 

following thc hearing he Tvith dr,,ices that dn under this Part or which is otherwise in an unsafe conrom~~ly 

with the requirements of this part. 

dition. 

(c) Expiration of certificate-Ccrtificatce of approval (3) DO any act forbidden by this part or fail to perissued 

for items of equipment rut~!!ireiI to be apurovrd form any act required under this part. 

under this part will not expire except as provided by (c) Use of certain equipment unaffected.-This part 

regulation or until revoked by the department. shall not be construed to: 

(d) Renewal of certificate-Certificates of approval (1) Prohibit the use of parts or equipment required by 

which expire pursuant to regulation shall be void after the National Traffic and Motor Vehicle Safety Act of 

the period stated from the date of issue unless applica- 1966 (80 Stat. 718. 15 U.S.C. 51381) or the use of any other 

tion is made for renewal of the certificates in accordance parts or accessories on any vehicle not inconsistent with 

with the procedure established by the department, to- the provisions of this title or regulations promulgated 

gether with the applicable fee, and a new certificate of thereunder. 

approval is issued. 

(2) Limit the use of independent aftq market repair


and service parts in the repair of vehicles and items of not during periods of reduced visibility or insufficient 

vehicle equipment unless in violation of the provisions illumination, may he exempted from certain lighting 

of this title or regulations promulgated thereunder. equipment requirements of this part by regulations of 


5 4108. Injunctive relief. 

(a) General rule.-Upon petition by the department, 5 4304. Obstructed lights not required. 

the Commonwealth Court shall have jurisdiction, for Whenever motor and other vehicles are operated in 

cause shown, to restrain violations of this part or to combination during the time that lights are required, any 

restrain the sale, offer for sale or use of any item of lamp (except a tail lamp) need not be lighted which, 

vehicle equipment which is determined to he in viola- by reason of its location on a vehicle of the combination, 

tion of this part or regulations promulgated pursuant is obscured by another vehicle of the combination. but 

thereto. 

this does not affect the requirement that lighted clear- 

(h) Notice of contemplated action.--Whenever prac- ance lamps be displayed on the front of the foremost 

ticable, the department shall give notice to any person vehicle required to have clearance lamps, nor that all 

against whom an action for injunctive relief is contem- lights required on the rear of the rearmost vehicle of any 

plated and afford an opportunity to present views and, combination shall be lighted. 

except in the case of a knowing and wilful violation, 

shall afford reasonable opportunity to achieve compliance. g 4305. Vehicular hazard signal lamps. 

The failure to give notice and afford such opportunity (a) General rule.-Simultaneous flashing of the two 

shall not preclude the granting of appropriate relief. front and two rear signal lamps shall indicate a ve- 

(c) Non-jury criminal contempt proceedings.-~~ any hicular traffic hazard. The driver of a motor vehicle 

proceeding for crlminal contempt for violation of an in- equipped with simultaneous flashing signals shall use the 

junction or restraining order issued under this section, signals when the vehicle is stopped or disabled on a 

the court shall sit without intervention of a jury. highway, except when the vehicle is stopped in compliance 

with a traffic-control device or when legally parked. 

Drivers of other vehicles shall exercise extraordinary 

CHAPTER 43 

care in approaching, overtaking and passing a vehicle dis- 

LIGHTING EQUIPMENT 

playing vehicular hazard warning signals. 

(b) Use outside business and residence districts.- 

Sec. 

Outside of a business or residence district: 

4301. Promulgation of regulations by department. (1) The driver of a vehicle equipped with simultaneous 

4302. Period for requiring lighted lamps. 

flashing signals shall use the signals when the vehicle is 

4303. General lighting requirements. 

unable to maintain a speed of at least 25 miles per hour 

4304. Obstructed lights not required. 

because of weather, grade or other similar ffactors or is 

4305. Vehicular hazard signal lamps. 

unable to maintain a speed consistent with the normal 

4306. Use of multiple-beam road lighting equipment. flow of traffic. 

4301. Use and display of illuminated signs. 

(2) The driver of a bus equipped with simultaneous 

flashing signals shall use the signals when the bus is 

§ 4301. promulgation of regulations by department. stopped with one or more wheels on the roadway be- 

The department shall promulgate regulations governing tween dusk and dawn for the purpose of receiving or 

the numher, visibility, color, slze, type, conStrUCtlOn, loca- discharging passengers. 

tion and use of lamps, other lighting equipment and any 

retrareflective surfaces on vehicles. 

(c) use below minimum speed limit,-The driver of a 

vehicle equipped with simultaneous flashing signals shall 

8 4302. Period for reqiiirinr lighted lamps. 

use the signals when the vehicle is not maintaining at 

Every vehicle upon a highway at any time between least the minimum speed established in accordance with 

sunset and sunrise and at any other time when, due to the provisions of section 3364 (relating to minimum 

insufficient light or unfavorable atmosphere conditions, 'peed regu1ation). 

persons and vehic!es on the hlahway are not clearly dlscern~ble 

from a distance of 1000 feet ahead shall display q 4306. Use of multiple-beam road lighting equipment. 

' 

lighted head and other lamps and illuminating devices 

(a) Approaching an the 

as required under this chapter for different classes of vedriver 

of a vehicle approaches an vehicle within 

500 feet, the driver shall use the low beam of light. 

hicks, subject to exceptions with respect to parked vehicles. 

Stop lights, turn signals and other si~nalin,g de- (b) Approaching a vehicle from rear.-Whenever the 

vices shall be lighted as prescribed in this title. driver of a vehicle approaches another vehicle from the 

rear within 300 feet, the driver shall use the low beam 

5 4303. General lighting requirements. 

of light. 

(a) Head lamps.-Every vehicle, except trailers, operated 

on a highway shall be equipped with a head lamp 8 4307. Use and display of illuminated signs. 

system in conformance with regulations of the depart- (a) General rule.-Except as otherwise provided in 

ment. 

this section, no vehicle shall hear or display any illumi- 

(b) Rear lighting-Every vehicl! operated on a high- nated signs, letters, numerals or figures of any kind 

way shall be equipped w~th a rear lighting system includ- whatsoever. 

ing, hut not limited to, rear lamps, rear reflectors, stop (b) Buses.-A,hus or school bus may bear an illuminatlamps 

and license plate light, in conformance with regu- ed sign stating its use or destination. 

lations of the department. 

(c) Taxicabs.-A taxicab may carry on the rear or 

(c) Turn signals and hazard warning lights.-Every the top of the vehicle illuminated signs placed SO as not 

motor vehlcle, except motorcycles and pedalcycles, and to interfere with the vision of the driver through the rear 

every trailer operated on a highway shall be equipped window of the vehicle. The size and placement of the 

with a system of turn signal lights ,and hazard warning sign must receive approval of the department or be a 

lights in conIormance wlth regulations of the depart- type approved by the department prior to use on the 

ment. 

vehicle. 

(d) Identification, clearance and side marker lights.- 

Every motor vehicle, trailer and combination operated on 

a highway shall be equipped with a system of lights 

CHAPTER 45 

which may include retroreflective reflectors, identifica- 

OTHER REQUIRED EQUIPMENT 

tion, clearance and side marker lights in conformance 

with regulations of the department. 

Subchapter 

(e) Equipment exempted by regulation.-Antique A. Brake Equipment 

motor vehicles, animal-drawn vehicles, implements of B. Safety and Anti-pollution Equipment 

husbandry and special mobile equipment, if operated ex- C. Vehicles for Transportation of School Children 

elusively between the hours of sunrise and sunset and 1 D. Equipment of Authorized and Emergency Vehicles

SUBCHAPTER A 

BRAKE EQUIPMENT 

S"" 

zio'i. Promulgation of regulations by department. 

4502. General requirements for braking systems. 


(b) Penalty.-Any person violating this section is 


be sentenced to pay a fine of $100. 

5 4523. Exhaust systems, mufflers and noise control. 

(a) Compliance with established sound levels-Every 

motor vehicle operated on a highway shall be constructed. 

rquipped, maintained and operated so as not to exc~ed thp 

so:n?d level for the vehicle as prescribed in regulations 

promulcated by the department. The test procedurcs 

and instrumentation to be utilized shall also be established 

by regulation. 

(b) Compliance with exhaust renuirements.-In ar'.di- 

111:~te the !>er.forrnnr.rc of the hrake systrm on a vetion 

to any requirements established under sections 4531 

(relating to emission control systems) and 4532 (relatinq 

tn smoke control for diesel-powered motor vehicles). 

every motor vehicle shall be ronstructed, enuinped. maintained 

and operated so as to prevent engine exhaust 

~.~~~~~~~~~ 

gases from penetrating and collecting in any part of the 

kine brake svstem aheo~;atc to h:~ld vchiclc occupied by the driver or passcnzers. 

-.~A~ ~~ 

the vehicle or cokbinatro&lgatc regilatioks governinq i 

thc nulrber, size, color, type. construction, location S 4525. Tire equipment and traction surfaces. 

use of other equipment on vehicles consistent with but (a) General rule.--No vehicle shall be operated on the 

not limited by the provisions of this subchapter and tak- highway unless the vehicle is equipped with tires of a 

ins into consideration different requirements for different type, size and construction approved by the department, 

classes or types of vehicles. 

for the vehicle and unless the tires are in a safe operatinr 

condition as delcrmined in accordance with remla- 

6 4522. Violation of Federal statute or regulation. I ti& of the department. 

(a) General rule.-No person shnll drive a vehicle on (b) Vehicles not equipped with pneumatic tires.-It is 

-n:i highrvay in violation of any provision of a Federal imlawful for any person to operate or move, or cause 

statute or regulation relating to any type of equipment or / or permit to be moved, in contact with any hishway 

doculrents used in the vehicle while engaged in inter- 1 any vehicle equipped wlth traction or road contact surstate 

commerce. faces other than pneumatic tires unless of a type, size


and construction permitted by regulations of the depart- 

ment and unless the movement is made under specific 

conditions allowed by regulations of the department. 

(c) Tire studs.-No vehicle having tires containing 

studs shall be driven on any highway. 

(dl Tire chains.-Tire chains may be temporarily used 

on vehicles during periods of snow and ice cm?r?ency 

if they are in conformance with regulations promulgated 

by the department. 

$ 4526. Safety glass. 

(a) Safety glass ren11ired.-It js unlawful to sell or 

to operate on any highway in this Cnmmonwealth any 

vehicle manufactured or assrmhled after January 1, 1931 

and registered in this Commonwealth unless the vehicle 

is equipped with safety glass or similar material, which 

is in complianre with re~ulations promul


vehicle was originally designed and manufactured to be 

used without bumpers. 

SUBCIIAPTER C 

VEHICLES FOR TRANSPORTATION OF 

SCHOOIA CHILDREN 

Sec. 

4551. Safety regulations. 

4552. General requirements for school buses. 

4553. Gencral reqnirements for other vehicles transport- 

ing school children. 

f 4.751 SnEeiv r!?milntinns. 

(i) General n11e.-All school buses and all other ve- 

hirlrs used in the transportation of school children, owned 

hy or under contract with any school district or parochial 

or private school, shall conform to standards prescribed 

by the depertmcnt. Regulations shall he promulgated by 

the drpartment governing the safe design, construction, 

equipment and operation of vehicles engaged in the trans- 

portation of school children. 

(b), Violation and penalty.-No person shall operate or 

permit the operation of a vehicle of a type specified in 

this suhrhapter which is not in compliance with the re- 

quirements of this subchapter or applicable regulations 

issued under this subchapter. Violation of this section 

constitutes a summary offense punishable by a fine of 

not less than $50 nor more than $100. 

S 4552. General requirements for school buses. 

(a) Color and identification.-Every school bus 

he of a uniform color scheme and lzbeled "School Bus" 

on hoth front and rear as provided by regulation. EX- 

terior labels and markinfis other than those specifically 

renilired or permitted hy law or shall he pro- 

hibited. 

(h) Visual signals.-In addition to the applicable light. 

ing requirem~nts of Chapter 43 (relating to lighting 

equipment) evcry school bus shall be cnuipped with a 

iinifnrm front and rear system of red and amber visual 

sinnals for the warning and control of traffic during route 

operations as provided in section 3345 (relating to mert- 

in^ or overtaking school bus) and in regulations of the 

drpnrtment. 

(c) Body construction.--Every school bus shall be dc- 

.;'gned and constructed to provide a sin& closed metal 

hrtly with adequate ventilation and an entrance door of 

;jJ.:rluate clearance nnd safe design visible to and con. 

:~i:1IEd only hy the driver. At least one emergency exit 

door of safe design and construction and adequate label. 

ine shall he located in or near the rear of the school bus. 

All iide windows shall be of a safe design which will 

prox.xIe cmergcncy egress for passengers. 

(d) Scntinq-Adequate seating space of safe design 

and constru&jon shall be provided for each passenger 

and no passenger shall be carried far which adequate 

scaling space is not available and used. 

(e) Visibility.-Every schno! bus shall be designed and 

12quir,ped so as to provide the driver with an unobstructed 

view of any pedestrian in to the vehicle. 

(c) r'mergrnc~ equipment.-Every school bus shall 

carry, in good and usable condition, at least one fire 

extinguisher of adequate size and type and such other 

emergency equipment as regulations may prescribe. 

(fi! ,Emergency drills.-Each school district and the 

adrr.!~lstration of evcry private school within this Com- 

monwrnlth shall ensure, through adequate instruction 

axid a minimum of two actual drills each year, that 

every student is familiar with school bus emergency 

procedures and equipment and safe loading and unloading 

oocrations. 

(h) Duty of department.-The department shall by 

regulation adopt specific requirements implementing this 

locations off the highway to be of any particular color 

or to display flashing rcd and amber lights. 

5 4553. General requirements for other vehicles trans- 

porting school children. 

(a) Buses operated by urban mass transportation sys- 

terns.-Buses, other than school buses, operated by urban 

msss transportation systems for the exclusive transporta- 

tion of school children shall comply with Federal safety 

standards and such other safety regulations as the Penn- 

sylvania Public Utility Commission and the department 

Shall provide for buses. 

(b) Other vchic1es.-A motor vehicle used to transport 

children to or from school or in connection with school 

activities, which is not a school bus because of its limited 

seating capacity, shall comply with regulations establish- 

ed by the department for such vehicles. Unless r~ouired 

by Federal law or regulation, the regulations rstahlished 

by the dl-partment shall not require vehicles which pick 

up and discharge school children only at locations off the 

hlghway to he of any particular color or to display flash- 

ing red and amber lights. 

SUBSECTION D 

EQUIPMENT OF AUTHORTZ~D AND EMERGENCY 

VEHICLES 

Sec. 

4571. Visual and audible signals on emergency vehicles. 

4572. Visual signals on authorized vehicles. 

S 4571. Visual and audible signals on emergency ve- 

hicles. 

(a) General rule.-Every emergency vehicle shall be 

equipped with one or more revolving or flashing red 

lights and an audible warning system. 

(h) Police and fire vehicles.- 

(1) Police vehicles may in addition to the requirements 

of subsection (a) he equipped with revolving or flashing 

blue lights. The combination of red and blue lights may 

bc Only On police 

(2) Spotlights with adjustable sockets may be attached 

to Or mounted On police vehicles. 

(3) Unmarked police vehicles, used as emergency ve- 

hicles and equipped with audible warning systems, may 

hc equipped with the lights described in this section. 

(4) Police and fire vehicles may he equipped with a 

mounted rack One Or more warning 

lights or side mounted adjustable floodlights, or both. 

(C) Game Commission vehicles.-Vehicles owned and 

operated by the Pennsylvania Game Commission may he 

eql~ippcd with revolving or flashing red lights in ac- 

cordance with subsection (a). 

(d) Vehicles~prohihited frnm using signals.-Except as 

otherwise speclf~cally provided in this part, no vehicle 

other than an emergency vehicle may be equipped with 

liqhts or audible warnini! systems identical or similar to 

those specified in subsections (a) and (b). 

(el Authorized period of use.-The lights and warning 

systems specified by this section may he used only during 

an emergency or in the interest of public safety and by 

police officers in enforcement of the law. 

(f) conformity with department regulations.-All 

.ql,ipment allthorized or required by this section shall 

to department regulations, 

g 4572. Visual signals on authorized vehicles. 

(a) Flashing or revolving blue lights.-Ambulance personnel, 

volunteer firefighters and owners and handlers of 

do,gs used in tracking humans may each equip one motor 

vehicle with no more than two flashlng or revolving blue 

lights. 

(1 In order to. be eligible to display lights on their 

veh~cles under thls subsection, the names of the ambulance 

personnel and volunteer firefighters shall be subscclion 

2nd any additional requirements, not inconsistent mitted to the nearest station of the Pennsylvania State 

xvith thi- s-ction, xvhicir ~vl! i.r:surc the m3:;imxm ~ ~ f Police ~ t . on ~ a list signed by the chief of the ambulance or 

of school children furnished transportation. Unless re- fire department or company and each dog owner and 

quired by Federal law or regulation, the regulations handler shall reglster at the nearest Pennsylvania State 

established by the department shall not require vehicles Police station. 

which pick up and discharge school children onIy at (2) The manner in which the lights are displayed and

their intensity shall be determined by regulation of the 

department. 

(3) The lights shall be operable by the driver from in- 

side the vehicle. 

(4) The lights may be used only while enroute to or 

at the scene-of a fire or emergency call. 

(5) The lights shall be removed from the vehicle 

within ten days of receipt of notice from the chief of the 

ambulance or fire department or company to remove the 

lights upon termination of the person's status as an ac- 

tive volunteer firefighter or ambulance person or upon 

termination of the person's active status as a dog owner 

or handler, or when the vehicle is no longer used in con- 

nection with the person's duties as a volunteer fire- 

fighter or ambulance person or dog owner or handler. 

(6) This sirbsection does not relieve the driver from 

the duty to drive with due regard for the safety of all 

persons nor exempt the driver from complying with all 

provisions of this title. 

(b) Flashing or revolving yellow lights.-Vehicles au- 

thorid pursllant to the provisions of section 6107 (re- 

lating to designation of authorized vehicles by depart- 

merit) may be eouippcd with no more than two flash,% 

or revolving yellow lights. The manner in which the 

light shall be disnlayed and the intensity shall be deter- 

mined by regulation of the department. 

(c) vehicles pmllibited from using lights.-~o vehicle 

other than a duly authorized vehicle may be eauipped 

with lights identical or similar to those specified in sub. 

sections (a) and (b). 

CHAPTER 47 

INSPECTION OF VEHICLES 

Subchapter 

A. Inspection Requirements 

B. Official Inspection Stations 

SUBCHAPTER A 

INSPECTION REQUIREMENTS 

Sec. 

4701. Duty to comply with inspection laws. 

4702. Requirement for periodic inspection of vehicles. 

4703. Operation of vehicle without official certificate of 

inspection. 

4704. Notice by police officers of violation. 

4705. ti^^ of for transportation of school 

children. 

B 4701. Duty to comply with inspection laws. 

No owner or driver shall refuse to submit a vehicle to 

any inspertion and test that is authorized or required by 

t h provisions ~ of this chapter. 

5 4702. &quirement for periodic inspection of vehicles, 

(a) General rule.-The department shall establish a 

system of semi-annual inspection of vehicles registered in 

this Commonwealth. 

(b) Annual inspection of certain vehicles.-Recreational 

trailers. vehicles ~PC~S~PTP~ a? i%llti~t~~ an4 claqsic vrhicles. 

fire fighting vehicles and motorcycles shall be subject to 

annual inspection. 

(c) Inspection of vehicles reentering this Common. 

wealth.-Owners of Pennsylvania registered vehicles 

which have been outside of this Commonwealth continuously 

for 30 days or more and which at the time of 

reentering this Commonwealth do not bear a currently 

valid certificate of inspection and approval shall, within 

five days of reentering this Commonwealth, proceed to 

an official inspection station for an inspection of the 

vehicle. 

(d) Extension of inspection period.-The department 

may, by regulation, extend the time for any of the inspections 

required by this chapter for not more than 30 days 

due to weather conditions or other causes which render 

compliance with the provisions of this chapter within 

the prescribed time difficult or impossible. 


B 4703. Operation of vehicle without official certificate 

of inspection. 

(a) General rule.-No registered motor vehicle shall be 

driven and no registered trailer shall be moved on a 

highway unless the vehicle displays a currently valid 

certificate of inspection and approval. 

(h) Exceptions-Subsection (a) does not apply to: 

(1) Special mobile equipment. 

(2) Implements of husbandry. 

(3) Motor vehicles being towed. 

(4) Motor vehicles being operated or trailers being 

towed by an official inspection station owner or em- 

ployee for the purpose of inspection. 

(c) Display of uuautho~.ized certificate of inspection.- 

No certificate of inspection and approval shall be dis- 

played unless an official inspection has been made and 

the vphicle is in conformance with the provisions of this 

chapter. 

(d) Authority of police.-Any police officer may stop 

vehicle or trailer and reouire the owner or 

operator to display an official certificate of inspection 

anrl np,,ror,al for tl,e being operated, A !,olice 

ofricer may remove an unlawfully issued err. 

tificaie of inspection from any vehicle, 

4704. Notice by police officers of violation. 

(a) General rule.-Any police officer having probable 

Fause to believe that any vehicle, reeardless of whether 

it 1s bring operated, is unsafe or not equipped as rerluired 

by law may at any time suhmit a written notic? of the 

condition to the driver of the vehicle or to the owner, 

or if neither is present, to an adult occupant of the ve- 

hicle, or if the vehicle is unoccupied, the notice shall be 

attached to the vehicle in a conspicuous place. 

(1) If an item of equipment is broken or missing, the 

notice shall specify the particulars of the condition and 

require that the equipment be adjusted or repaired. 

Within five days evidence must be submitted to the 

police that the requirements for repair have been satis- 

fied. 

(2) If the police officer has probable cause to believe 

that a vehicle is unsafe or not in proper repair, he may 

reauire in the written notice that the car be inspected. 

The owner or driver shall submit to the police within 

five days of the date of notification certification from an 

official inspection station that the vehicle has been re. 

3tored to safe operating condition in relation to the par- 

ticlilars specified on the notice. 

. (3) After the expiration of the five-day period specified 

in paragraphs (1) and (2), the vehicle shall not be 

operated upon the highways of this Commonwcalth until 

the owner or driver has submitted to the police evidence 

of compliance with the requirements of paragraph (1) 

or (21, whichever is applicable, 

(b) Operation prohibited iE hazardous.-In the event 

a vehicle, in the reasonable judgment of the officer, is 

in ~"ch condition that further operation would he 

h?zarclous, the officer may require that the vehicle not 

be operated under its own power and may sl stipulate 

;, the notice given under subsection (a), 

4705. Inspection of vehicles for transportation of school 

children. 

(a) State Police inspection.-The owner of every school 

bus shall, in addition to any other inspection required by 

this chapter, submit the vehicle to the Pennsylvania 

State Police annually prior to operating the vehicle for 

the transportation of school children during the school 

Year, to determine whether the vehicle conforms with 

the provlslons of this chapter including regulations 

promulgated by the department. If the vehicle is in con- 

formance, a certificate of inspection and approval shall 

be issued by the Pennsylvania State Police. 

(b) Display of certificate.-No vehicle requiring a 

certificate of inspection under the provisions of this sec- 

tion shall be operated without prominently displaying the 

certificate, in the manner directed by the department, in 

addition to any other certificate required by law, on any 

of the highways of this Commonwealth.

1976. LEGISLATIVE JOURNAL--HOUSE 52 13 

SUBCHAPTER B 

OFFICIAL INSPECTION STATIONS 

Sec. 

4721. Appointment of official inspection stations. 

4722. Certificate of appointment. 

4723. Certificate of anuointment . . for insnccting fleet 

vehicles. 

4724. Suspensio:l of certificates of appointment. 

4725. Use of certificate of appointment at official inspec- 

tion stations. 

4726. Certification of mechanics. 

1727. lssnance of certificate of inspection. 

4728. Display of certificate of inspection. 

4729. Removal of certificate of inspection. 

4730. Violations of use of certificate of inspection. 

4731. Records oC inspections and certificates issued. 

4732. inspection Advisory Board. 

g 4721. Appointment of official inspection stations. 

For the purpose establishing a system of official 

inspection statior1s, the department shall issue certificates 

appointment to privately owned facilitir:~ within this 

Commonwealth that with the requirements of 

this chapter and regulations adopted by the department. 

The department shall issue instructions and all necessary 

forms to such facilities. Official inspection stations are 

authoriz~d to inspect vehicles and issue official certifi- 

cates of inspection. 

S 4723. Certificate of appointment for inspecting fleet 

vehicles. 

The department may issue a certificate of appointment 

under the provisions of this chapter to any person who 

c>wn:; or lcases 13 or more vchicles and who meets the 

requirements of this chapter and regulations adopted by 

the department. The certificate of appointment may au- 

ihorize inspection of only those vehicles owned or leased 

by such person. 

!:. 4724. Suspension of certificates of appointment. 

(a) General rule.-The department shall supervise and 

inspect official inspection stations and shall suspend the 

certificate of appointment issued to a station which it 

finds is not properly equipped or conducted or which has 

violated or failed to comply with any of the provisions or 

this chapter or regulations adopted by the department. 

The department shall maintain a list of all stations hold- 

ing curtificates of appointment and of those whose certifi- 

cates of appointment have been suspended. Any sus- 

pended certicicate of appointment and all unused certifi- 

cates of inspection shall he returned immediately to the 

department. 

(h) Judicial review.-Any person whose certificate of 

appointment has been denied or suspended under this 

chapter shall have the right to file a petition within 30 

days for a hearing on the matter in the court of common 

pleas of the county in which the inspection station is lo- 

cated. The court is hereby vested with jurisdiction and 

it shall be its duty to set the matter for hearing upon 30 

days' written notice to the department and to take 

testin~ony and examine into the facts of the case and to 

determine whether the petitioner is entitled to a certifi- 

cate of appointment or is subject to suspension of the 

certificate of appointment under the provisions of this 

chapter. 

8 4725. Use of certificate of appointment at official 

inspection stations. 

(a) General rule.-NO person shall in any manner rep- 

resent any place as an official inspection station unless 

the station is operating under a valid certificate of ap- 

pointment issued by the department. 

(b) Transfer, use and posting.-No certificate of ap- 

pointment for any official inspection station shall be as- 

signed or transferred or used at any location other than 

the one designated in the certificate. The certificate of 

appointment shall be posted in a conspicuous place at 

location' 

(c) Penalty.-Any person violating this section is guilty 

Of a Summary Offense 

'Or a first offense, by a *jne Of $loo. 

(3) For a subsequent offense, by a fine of not less than 

nor more than $500 or imprisonment for not more 

than days, Or both. 

5 4726, ~ ~ ~ t i fof i mechanics, ~ ~ t i ~ ~ 

mechanic shall motor vehicle inspections 

at an official inspection station unless certified as to 

training, according qualifications 

to department and regulations. competence by The the provisions department of 

s 4722. (a) Applicatiorl Certificate and of appointment. 

issuance,-Application for a cer. 

tificate oi. shall be made upon an official this title or regulations adopted thereunder shall not he 

form. The certificate of appointment shall be issued only construed or applied in a manner which would ~reclude 

,\,llcn the department is satisfied that the station is or impair the right of a person who is a resident of 

iilu ppcd pr,>pcriy and has to make another state, and who is in possession of a valid driver's 

li,spections and adjustments and that inspections will be license issucd by such state, to be certified to conduct 

roridl,cted properly, only those stations fulrilling de. motor vehicle inspections at an official inspection station 

"1 requirements and with department this Commonwealth. No official inspection station apregulations 

shall be issued a certificate of appointment. 

P~intmcnt shall be issued or renewed unless a certified 

(b) application for each place of business.- orficial inspection mechanic is there employed. 

if the applicant has or intends to have more than one 4727, issuance certificate of 

place of business within this Commonwealth. a separate (,) ~ ~ prior to inspcction,-~o ~ vehicle ~ shall j 

application shall be made for each place of business. be inspected unless it is duly registered. The owner or 

(c) Bond or proof of insurance-Before issuing a operator or an employee of the official inspection station 

certificate of appointment the department shall require :ha!! examine the registration card in order to ascertain 

a bond or proof of insurance to provide com~ensation ?hat the vehicle is registered. 

for any damage to a vehicle during an inspection or ad- (b) Requirements for issuance of certificate.-An ofjuslment 

due to negligence on the part of the applicant ficial ccrtificate of inspection shall not be issued unless 

or its employees in such amount as is deemed adequate the vehicle is inspected and found to be in compliance 

by the department pursuant to department regulations. with the provisions of this chapter including any regulations 

ilrnmulgatcd by the department. Natation of the 

odornctcr reading shall be included on the certificate of 

inspection. 

$ 4728. Display of certificate of inspection. 

The appropriate certificate of inspection shall be af- 

Cixed to the vehicle as specified in regulations adopted 

by the department. 

5 4729. Remova! of certificate of inspection. 

No certificate of inspection shall be removed from a 

vehicle for which the certificate was is:;ucd except to 

replac? it with a new certificate of inspection issued in 

accordance with the provisions of this chapter or as 

Collows: 

(I) The police officer may rcnlove a certificate of 

nspedion in accordance with the provisions of section 

1703(d) (relating to operation of vehicle without official 

:prtificate of inspection). 

(2) A person replacing a windshield or repairing a 

windshield in such a msnner as to require removal of a 

,ertificate of inspection shall at the option of the regis- 

trant of the vehicle cut out the portion of the 

containing the certificate and deliver it to the registrant 

of the vehicle or destroy the certificate. The vehicle may 

be driven for up to fixre days if it displays tlic purtior, 

of the old windshield rcntuining the certificate as pre- 

scribrd in department regulations. Within the five day 

pcriod an official inspection station may affix to the ve- 

hicle another cerlificate of inspection for the same in-


spection period without reinspecting the vehicle in ex- 

change for the portion of the old windshield containing 

the certificate of inspection. A fee of no more than $1 

may be charged for the exchanged certificate of inspection. 

(3) A salvor shall remove and destroy the certificate of 

inspection on every vehicle in his possession except ve- 

hicles used in the operation of the business of the salvor. 

g 4730. Violations of use of certificate of inspection. 

(a) General rule.-No person shall: 

(1) make, issue, transfer or possess any imitation or 

counterfeit of an official certificate of inspection; or 

(2) ,display or cause to be displayed on any vehicle or 

have in possession any certificate of inspection knowing 

the same to be fictitious or stolen or issued for another 

vehicle or issued without an inspection having been made. 

(b) Unauthorized use by offlcial inspection staticin.-No 

official inspection station shall furnish, loan, give or sell 

certificates of inspection and approval to any other ol- 

ficial inspection station or any other person except upon 

an inspection made in accordance with the requirements 

of this chapter. 

(c) Penalty.-A violation of the provisions uf this sec- 

tion constitutes a summary offense punishable: 

(1) For a first offense, by a fine of $100. 

(2) For a subsequent offense, by a fine of not lcss than 

$200 nor more than $500 or imprisonment for not more 

than 90 days, or both. 

$ 4731. Records of inspections and ccrtificatcs issued. 

A record shall be made of every inspection and every 

certificate issued and the record shall be forwarded to 

the department in the manner and at the time the de- 

partment shall specify by regulation. An official inspec- 

tion station and its records shali be open for inspection 

by any police officer or authorized department employee. 

5 4732. Inspection Advisory Board. 

(a) Membership.--There he an Inspection Ad- 

visory Board consisting oC 11 members appointed by.the 

secretary. The board shall be composed of an authorized 

representative of the department and of the Penns~l- 

vania State Police and representatives of the automotive 

industry and the public, as follows: a new car dealer, a 

used car dealer, a fleet owner, a certified mechanic. a 

service station operator, a parts and equipment whole- 

saler, an independent repair shop operator and two mem- 

bers of the general public who are licensed drivers. 

(b) ~uties.- he board shall advise the department 

and review regulations proposecl by the dcpartrncnt con- 

cerning inspection requirements and operation of official 

inspection stations. 

CHAPTER 49 

SIZE, WEIGHT AND LOAD 

Suhchapter 


B. Width, Height and Length 

C. Maximum Weights of Vchicles 

D. Special Permits for Excessive Size and Weight 

E ~easurina and ~djusting Vehicle Size and Weight 

SUBCHAPTER A 


Sec. 

4901. Scope and application of chapter. 

490'2. Restrictions on usc of highways and bridges. 

4903. Securing loads in vehicles. 

4904. Limits on number of towed vehicles. 

4905. Safety requirements for towed vehicles. 

4906. Fire apparatus. 

4907. Penalty for violation of chapter. 

5 4901. Scope and application of chapter. 

(a) Genrral rule.-It is unlawful for any person to 

drive or move, or for the owner to cause or permit to 

be driven or moved, on any highway any vehicle or ve- 

hicles of a size or weight exceeding the limitations pro- 

vided in this chapter or any vehicle or vehicles which 

are not so constructed or equipped as required in this 

title or the regulations of the department. 

(b) Limitations on loc31 regulation.-The maximum 

size and weight of vehicles specified in this chapter shall 

grrvern throughout this Commonwealth and local anthor- 

ities shall have no power or authority to alter these 

limitations except as cxpres3 authority may he granted 

in this title. 

(c) Permit authorizing prohibited movement.-If an 

overweight or oversize movement cannot he made in 

any other feasible manner, the permlt may ailthorizc the 

movement to be made in contravention to any provision 

of this title provided that: 

(1) the department or local authority determines that 

the movement is in the public interest; and 

(2) the is escorted by the pennsylvania state 

police or department personnel whilc any provision of 

this title is being contravened. 

5 4902. Restrictions on use of highways and bridges. 

(a) General rule.-The department and local authorities 

with respect to highways and bridges under their juris- 

dictions may prohibit the operation of vehicles and may 

impose restrictions as to the weight or size of yehicles 

operated upon a highway or bridge whenever the hlghway 

or bridge, by reason of deterioratlon or rain, snow or 

other climatic conditions, may be damaged or destroyed 

unless the use of vehicles is prohibited or the pcrmiss~hle 

weights reduced. 

(h) Permit with bond.-The department and local au- 

thorities may issue permits for movement of vchicles of 

size and weight in excess of the restrictions promulgated 

under subsection (a) with respect to highway!: and 

bridges under their jurisdiction, conditioned upon the 

cxecution of a surety bond by thc usc:. in favor of thc 

department or local authorities to cover the cost ol re- 

pairs necessitated by the movcrnent. 

(c) Restrictions from traffic co11ditions.~~-~T1.r depnrtment 

and local authorities wlth respect to highways and 

bridges under their jurisdiction may prohibit the o;>cration 

of veh;clcs may impose restrictions as to the 

weight or size of vehicles operated lipon a highway or 

bridge by reason hazardous traaic conditions or otller 

safety factors, 

(d) Erection of signs.-The department and thc local 

authorities shall erect or cause to be crectcd and maintained 

signs designating the restrictions at each cnd of 

that portion of any highway or bridge restricted as provided 

in subsections (a) and (c). The restrictions shall 

not be effective signs are erected and maintained 

in accordance with this subsection. 

(e) Penalty.-Any person operating a vehicle or combination 

upon a highway or bridge in violation of a prohibition 

or restriction imposed under subsection (a) is 

guilty of a summary offensc and shall, upon conviction. 

be sentenced to pay a fine of $75 for each 500 pounds, or 

part thereof, in exccss of 3,000 pounds over the maximum 

allowable weight. 

8 4903. Securing loads in vehicles. 

(a) General rule.-No vehicle shall he driven or moved 

on any highway unless the vehicle is so constructed or 

loaded as to prevent any of its load from dropping, sifting, 

leaking or otherwise escapmg. 

(b) Fastening load.-Every losd on a vehicle shall be 

fastened so as to prevent the load or covering from becoming 

loose, detached or in any manner a hazard to 

other users of the highway. 

(c) Load of logs.-Every load of logs on a vehicle shall 

he securely fastened with at least three bindrrs, chnins 

or straps and, in the case of an open-body or stako-body 

vehicle, trailer or semi-trailer thcre shall he a suffizicnt 

number of vertlcal metal stakes or posts securely attached 

on each side of the vehicle, trailer or semi-trailer at 

least as high as the top of the load to secure such load 

in the went of a failure of the binders, chains or straps. 

(d) Establishment of standards for fastcnini: devices.-- 

The department may pram!!lgate regulationtj ctnblishing 

mmim~~m standards governmg types and numnbrrs of devices 

to be used in securing loads to prevent sp;.llage and 

leakage of a load while in transit. 

1 (e) Exceptions.--This section does not prohibit:

(1) the necessary spreading of any substance in high- I includin~ any load, shall not exceed eight feet except 

~~~~~~ -~~ ~~. 

§ 4904. Limits on number of towed vehicle:;. 

(ci Buses.-Anv bus o%ratGd whollv within a mhici- 

(a) General rule.-No motor vehicle shall be operated paiiiy, where pe;mitted by the moniApality, or in more 

upon a highway towing more than one other vehicle ex- than one municipality, where approved by the Piiblir 

cept as otherwise provided in this section. 

: Utility Commission, may have a total outside width not 

(b) Farm tractors.-Farm tractors may tow no more to cxcecd eight feet six inches when operated upon a 

than two other vehicles when engaged in agricultural highway having traffic-lane widths of not less than ten 

operations. 

feel.. 

(c) Towing vehicles requiring service.-A dolly not (d) Nondivisible loads.-Vehicles carrying nondjvisihle 

exceeding ten feet in length may he towed by a motor loads not exceeding eight feet six inches in width may opvcihicle 

- ~ - lor - ~ the ~ T~UI~I~OS~I . ~ . 0: towing aiiuther vehicle re- 1 erate on any highway having a roadway width of 20 

quiring service. 

feet or mora This subsection does not apply on the 

(d) Driveaway-towaway operations.-Not more than 

three truck-tractors, empty trucks or chassis therefor, 

may be towed by a truck-tractor, truck or the chassis 

thereof, provided that only the rear wheels of the drawn 

vehicles shall touch the road surface. 

~~ ~ 

ficient strengtK to pull'ali weight towed. Thc distance 

between the vehicles shall not exceed 15 feet except between 

any two vehicles transporting poles, pipes, machinery 

or olher objects of a structural nature such that they 

(d) Safcty chains.-Whenever two vehicles are connr,!t- 

ed by a hall-and-socket type hitch, or pintle hook with 

ui,t :I Inckini: device. they chxll 31s0 he ?onnectrd by two 

safety chains of equal icngth, each safcty chain having an 

ultimate strength at least equal to the Fro:..: w~ight of 

the towed vehicles. The safcty chains shall he crcssid 

v&hiFle oi'by'a 'towedvehicie or its load; lighting equip- 

ment shall be displayed on the rear nf the towed vvrhicle 

or load equivalent to the obstructed lights or signals. 

i: 4!106. Fire apparatus. 

'Phis chapter does not apply to fire apparatus unless 

specifically provided otherwise. 

$ 4!107. Penalty for violation of chapter. 

Ilny person violating any provision of this chapter for 

which a licnalty is nnt otherwise provided is guilty of n 

summary offcnse and shall, upon conviction, he sentence


§ 4925. Width of projecting loads on passenger vehicles. vehicle or combination upon a highway exceeding the 

(a) General rule.-No passenger-type vehicle shall he maximum gross weight allowed by section 4941 (relating 

operated on any highway with a load extending beyond to maximum gross weight of vehicles) or the registered 

the left side of the vehicle nor rntcnding more than 12 gross weight allowed by section 4942 (relating to registerinches 

beyond the right side nf the vehicle. 

ed gross weight), whichever is less, is guilts of a summars 

(b) Exception.-This section does not apply to emer- offense and shall, upon conviction, hi sentenced to pay 

gency vehicles. 

a fine of $75 plus $75 for each 500 pounds, or part thereof, 

In excess of 3.000 ~ounds over ~- the mnwiml~m nr -. ved~te~erl --D----- -- 

gross weight allowed: 1f the gross weight of any vehicle 

SUBCHAPTER C 

or combination exceeds 73.280 uounds. the fine shall hc 

double the amount for other weight violations. 

MAX[MUM WEIGHTS OF VEI-IICLES 

(b) Axle weight violation.-Subject to the provisions of 

Sec. 

section 4982(c) (relating to reducing or readjusting loads 

4941. Maximum gross weight of vehicles. 

of vehicles), any person operating a vehicle or combina- 

4942. Registered gross weizht. 

tion with a weight on an axlc or pair of axles exceeding 

4943. Maximnm axle wclght of vehicles. 

the maximum axle weights allowed by section 4943 (re- 

4944. Maximum wheel load. 

lating to maximum axle weight of vehicles) is guilty of a 

4945. Penaltips for exceeding maximum weights. 

summary offense and shall, upon conviction, bc s~ntenced 

4946, Impoundment of vehicles for of over. to Pay a fine of $100 plus $100 for each 500 pounds, or 

weight fines. 

part thereof, in excess of 2,000 pounds over the maxi- 

4947. Disposition of impounded vehicles and loads. 

mum axle weight allowed. 

(c) 

4948. Maximum weight and seating capacity of buses. 

Wheel weight violation.-Any person operating a 

vehicle or a highway the 

5 4941. Maximum gross weight of vehicles. 

maximum wheel weight allowed by section 4944 (relating 

(a) General rule.-No veh~cle or comhination shall, to maximum wheel load) is guilty of a summary offense 

when operated upon a highway, have a gross weight ex- and shall, upon conviction, be sentenced to pay a fine of 

ceeding 73,280 pounds. 

3100 plus $100 for each 200 pounds, or part thereof, in ex- 

(h) Combination of vehicles.-No combination shall, CeSS of 200 pounds over the maximum wheel weight alwhen 

operated upon a highway, have a gross weight ex- lowed. 

ceeding the following: 

(dl Concurrent violations.-In any case in which there 

are concurrent violations of more than one of the scc- 

Maximum tions or subsections of this subchaptcr prescribing max- 

Combination of vehicles Gross Weight imum weights, the only penalty imposed shall be for 

In Pounds violation of that section or subsection which produces the 

Two-axle truck-tractor & single-axle 

greatest fine. 

semitrailer 

Two-axle truck-tractor & two-axle 50'000 § 4946. Impoundment of vehicles for nonpayment of 

semitrailer 60,000 

overweight fines. 

Three-axle truck-tractor & single-axle 

(a) General rule.-Upon imposition of any fine and 

semitrailer 60,000 costs of prosecution imposed pursuant to section 4945 (re- 

Two-axle truck & two-axle trailer 62,000 lating to penalties for exceeding maximum weights), the 

driver shall be allowed 24 hours to obtain the funds and 

8 4942. Registered gross weight. 

pay the fine and costs of prosecution, during which time 

(a) single vehicle limits.-No vehicle registered as a the vehicle or combination shall be rendered temporarily 

truck, a combination or u traler shall be operated with a inoperative hy such police officer as the issuing authority 

gross weight in excess of its registered gross weight. shall designate. On default of payment within the 24- 

(h) Truck towing trai1cr.-No vehicle registered as a hour period, the issuing authority shall impound the vetruck 

shall be operated with a gross weight, exclusive of hicle or combination and order a police officer to seize 

any trailer being towed, in excess of its registered gross them. 

weight as a truck. 

(b) Storage.-Upon impoundment, the issuing authority 

(c) Combination.-No combination containing a trailer shall forthwith notify the shcriff of the county in which 

having a registered gross weight in excess of 10,000 pounds the violation occurred, who shall store the impounded veshall 

be operated with a gross weight in excess of the h~cle or combination. 

registered gross weight of the truck or truck-tractor for a (c) Notice of impoundment.-The sheriff shall give imcombination. 

mediate notice by the most expeditious means and by 

certified mail, return receipt requested, of thc impound- 

$ 4943. Maximum axle weight of vehicles. 

ment and location of the vehicle or combination to the 

(a) General rule.-No motor vehicle or combination owner of the vehicle or comhination and to the ov,uer 

shall, when opefated upon ahighway, have a weight upon the load if the names 3nd addresses of the owner are 

each of two adjacent axles in excess of the following: known or can be ascertained by the sheriff. 

If the Center-to-Center Maximum Axle Weight (d) Costs.-The police officer's and sheriff's costs, 

Distance Between Two in Pounds Upon: reasonable storage costs and all other reasonable costs 

Adjacent Axles is: One of TIVO other of Two incident to seizure and impounding under subsections (a) 

Adjacent Axles Adjacent Axles and (b) shall be recoverable in addition to costs of prose- 

Under 6 feet 18,000 18,000 cution. 

6 to 8 feet 18,000 

22,400 , 5 4947. Disposition of impounded vehicles and loads. 

Over 8 feet 22,400 

22,400 (a) Rights of owner of load.-The title to the load on an 

(h) ti^^ of front axle of semitrailer.-~o semi. 1 impounded vehicle or combination remains in the owner 

trailer, originally in this Commonwealth on or after sep. who may repossess the load at any time upon presentation 

ternher 1973, and having or more axles, shall be of proof of ownership to thc shcriff. If t:?e load spoils 

upon a highway unless the foremost axle of the 1 during impoundment the loss shall be on the owner subsemitrailer 

is at least 12 feet from the 

axle of; lect to any right of recovery of damages that the owner 

the towing vehicle. 

;may have against the owner of the vehicle or combination 

or against any other party, and the cosls of dispositio~i 

$ 4944. Maximum wheel load. 

of the load shall be rccoverable in addition to the costs 

No motor vehlcle or combination shall, when owerated pmsecution. 

upon a highway, have a weight upon any one wheel in (b) Sale of unclaimed vehicle or load.-In case any 

excess of 800 pounds for each nominal inch of width on Impounded veh~cle or comb~nation 1s nnrcdeemed, or the 

the wheel. 

I load is unclaimed, for a period of 60 days after notice of 

impoundment is given, it shall he sold at a public sale 

5 4945. Penalties for exceeding maximum weights. 'by the sheriff upon order of the issuing authority and 

(a) Gross weight violations.-Any person operating a after ten days notice of sale to the owners, lienholders or

secured parties of the vehicle or load except that if the 

sheriff determines it to be necessary to preserve their 

value, goods which may spoil may be sold in any com- 

merciallv reasonab:e manner prior to expiration of the 


8 4962. Conditions of permits and security for damages. 

(a) General rule.-Permits may be conditioned by 

limiting the numter of trips or by establishing seasonal 

or other time limitations or geographic limitations includ- 

~~ - ~ ~ ~ ~~ . , ~ ~~-~ 

The balance shall be remitt'edUto the owner. 1 highways. The department or local authorities may re- 

quire such undertaking or security as they deem neces- 

§ 4948. Maximum weight and seating capacity of buses. sary to compensate for any damage to any highway or 

(a) Gross, axle and wheel weights.-No bus shall he structure or appurtenance. 

operated upon any highway with a gross weight in ex- (b) Display of permit.-Every permit shall he carried 

cess of 40,000 pounds, or in excess of 20,000 pounds on any in the towing vehicle and shall be open to inspection by 

axle, or in excess of 800 pounds on any one wheel for any police officer or authorized agent of the issuing 

each nominal inch of width of tire on the wheel. agency or any person having an accident involving a 

(b) Seating capacity load.-A bus shall not be operated permitted vehicle or combination. 

on a highway with a load exceeding by more than 25% (c) Revocation of Permit.-A permit shall be revocable 

its registered seating capacity except when operated for cause. 

within a business or residence district. A child under (d) Special escort services.-The department or local 

the age of six years shall not be counted when computing authiirities shall specify what lnovements require special 

the load on the bus. 

escort services of the Pennsylvania State Police or de- 

(c) Penalties.-Any person owning or operating a bus partment personnel. 

with a gross weight or with weight on any axle or wheel (c) Liability of permittee for damage.-The permittee 

exceeding by more ,than 5% the maximum allowed jn shall Lie liable for all damage to any highway struciure 

subsection (a) 1s gu~lty of a summary offens and shall. or agpurtenance sustained as a result of operating or 

upon conviction, be sentenced to pay a fine of $100. If moving the 

the excess weight is more than 10% above the maximum 

weieht allowed. the fine shall be $300. Anv nerson in S 4963. Excmntions for vehicles used in State hiehwav - " 

violition of subsection (b) is guilty bf a summaiy offense - const


ment and rails or other articles or combinations not nor- I of a vehicle or combination exceeds the maximum allowmally 

used on highways to move articles which exreed, ed, the driver shall reduce or readjust the load so that 

the maximum height, width or length specified in Sub- 1 the grcss weight and the weight upon cach wheel. tire. 

chapter B (relating to width, height and lmgth) while axle or group of axles will not exceed the maximum 

they are in the course of manufacture and while they ' weichts permitted under this, chapter. 

are entirely within the control of the mannfact~yrcr and / (b) Violaticn of size 1imltationsIf the load upon any 

not in transit from the manllfacturer to a purchaser or, vehicle or combination is such that the size limitations 

dealer. A permit shall not he issued for the movement 1 of this chapter are exceeded, the drivcr shall reduce or 

of articles uoon a freeway. Articles not in excess of ten reposition the load so that it does not exceed the size 

feet in widlh may be mobed lip to 50 miles nn 3 prrmit. 1 limitations. 

Larger articles may he moved no farther than ten miles 1 (c) Load adjustm~nt to avoid prosecution-Tf the gross 

on a permit. I weight of the veh~cle or combination d~es nnt cxreed the 

maximum allowable gross wcieht and !.he wrisht upon 

§ 4969. Permit for movement of vehicles with oversize any or group of a:;les is not more than 37; in cxcess 

wheels and tires. - of the maximum allowable axle wcight, thc operator 

An annual permit may be issued for the operation or be allowed four hours to adj~ist the position of the 

movement between sunrise and sllnset of a vellirle cgn- j load that the weight upon ail wheels. tires, axles 

taining wheels and tires extending beyond thp m?.:imum i and groups of axles does not excecd the maximum allow- 

width allowed in section 492'(a) (relating to width of able wei~hts. If the load is so rearrengcd no arrest shall 

vehicles) if the denartmen!. determines that s1l.h wheels he made or prosecution hrought for riol3tion of Sub- 

and tires are essential to the function for which the.l,e- ~haptcr c (relating to maximum weights of vehicles). 

hicle is designed or adapted and used. The overall w'dth I (d) Load incapable of reduction.-If the load on any 

of any vehicle permitted under this section, including or combination is such that it is incapable of 

wheels and tires, shall not exceed ten feet. 

reduckion or dismemhcrment and i? othcrwipe elisible to 

move ~~nder permit as provided in Suhchapter D (relating 

5 4970. Permit for morrrment of utility constrllction to special permits for excessive size and w~ight), a valid 

equipment. 

perm:t shall he obtained before any furthcr movement of 

A permit may be issued for the Clllration of a single a or in viol'ltion o'. the limitlltions 

construction proicct, but not erceed'n5 one yrar. au- this 

thorizing a public utility or its cnntra~~ors or subc?n- (e) Responsibility of owner or drivrr.--.\!I matorial 

trac'ors to move oversized nr nvcrwni?ht rnnstrllmtlon 1 llnloadfd and any vehicle or cnmbinntion pnrlrcd awaitequipment 

across or upon highways immediately adjacent ing a pfrmit shall he cared for by the owner or driver 

to the construction site and between the constrilction site at the nslr of the owner or driver. 

and the base of operations of the utility company, contractor 

or subcontractor. 


/ Anv driver who fails or refusus to comply with the 

SUBCHAPTER E 

MEASURING AND ADJUSTTNG VEHICLE 

SIZE AND WEIGI-IT 

Sec. 

4981. Weighing and measurement of vehicles. 

4082. Rcducing or rcadiusting loads of vehicles. 


5 4981. Weizhing and measurement of vehicles. 

(a) Authority of police officer.-Any police officer is 

authorized to require the driver of any vehicle or com- 

bination to stop and s~lhmit the vrhicle or c?mhination 

to be mrasured and welghed. Weighinp msv he done by 

using either portable or stationary scales. The measnre- 

ment and weighing shall he conducted by qualified ner- 

sonnel who have hecn trained in the use of wriching 

and measuring equipment in a training program ap~rovt-d 

requiements of a police officer given puriuint to this 

subchapter is guilty of a summary offense and sh:lll, upon 

conviction, be sentenced to pay a fine of $100. 

PART V 

ADMINISTRATION AND ENFORCEMENT 

Chapter 

61. Powers of Department and Local Authorities. 

63. Enforcement. 

65. Penalties and Disposition of Fines 

67. Service of Process on Nonr?siclcnts 

CHAPTER 61 

by the Department of Agriculture. ,A police officer may 

renuire that a vehicle or combination he driven to the i Snbchapter 

nejrest stationary scales if the scales are within tan / A. General Provisions 

miles. 

B. Traffic-control Devices 

(b) Stationary scales on freeways.-The Department C. Reciprocity 

of Transportation, in cooperatinn with the Pennsylvania 

State Pol;ce, shall maintain on freeways at points which 

SUBCHAPTER A 

it deems necessary stationary scales and other rouipmeilt 

for detecting violations of the sire and wcirht limitations 


prescribed by this chapter. The department may also 

contract with local authorities to use their stationary Sec. 

scales. 

6101. Applicability and uniformity of title. 

(I.) Wcinhing of wheels or axles.-If a vehicle is weigh- 6102. powers and duties of department and local authored 

in multiple drafts, or if only a single wheel or axle nr Itles. 

pair of axles is weighed, a tolerance of 1% shall be al- 6103. Promulgation of rules and regulations by deiowed. 

(d) Re-weighing at request of driver or owner.-Whenever 

scales operated by other than the department indicate 

that a vehicle, wheel, axle or pair of adcs is overweight, 

the driver ar owner may elect to have the vehicle ~esignation of emergency vehicles by Pennsylre-wcinhed 

on the nearest available official scales which vania State Police. 

have h6en sealed by the Department of Agriculture. 

lowcr reading of the two sr,alrs shall determine whether The / 

charges shall be filed under this section. 

I ties. 

5 4982. Reducing or readjusting loads of vehicles, 1 6110. Regulation of traffic on Pennsylvania Turnpike. 

(a) Violation of welght 11rn1tat1ons.-If the gross weight 6111. Regulation of traffic on bridges under authority 

or the weight upon any wheel, tire, axle or group of axles of interstate commissions.


6112. Removal of traffic hazards by property owner, 

6113. Control of public travel on private property by 

owner. 

6111. Limitation on sale, publication and disclosure of 

records. 

5 6101. Applicahility and unifnrmity of title. 

The provisions of this title shall be applicable and uni- 

form throughout this Commonrvealth and in all politic?l 

subdivisions in this Commonwealth, and no local au- 

tharity shall enact or enforce any ordinance on a matter 

corcred by the provisions of this title unless expressly 

authorized. 

B 6102. Powers and duties of department and local au- 

thorities. 

(a) Department.-The department is charged with the 

duty of administering the provisions of this title and nf 

all laws the administration of which is now or hereafter 

vcstpd in the department. 

(b) Local authorities-Local authqrities may exercise 

the powers granted in this chapter only by duly enacted 

orJinances af their governing bodies. 

5 6103. promulgation of rules and rcgulntions by de- 

partment. 

In addition to the specific powcrs grnntcd to the de- 

partment by this litle to ~~~~~~~ate rulrs and regula- 

tions, the department shall have the power in accordance 

with the provisions of the act of July 31, 1968 (P. L. 769, 

No. 240), known as the "Commonwealth Documents Law." 

to promulgate, consistent with and in furthcranceof this 

title, rules arid regulations in accordance with which the 

department shall carry out its responsiblities and rlut?cs 

under this title. 

§ 6101. Administrative duties oC department. 

(a) Forms.-'L'he department shall prescribe and pro- 

vide suitable forms of applicatluns, ccrtiiicates of title, 

registration cards, drivers' licenses and all other forms 

requisite or deemcd necessary tn carry out the pravi- 

sior~s of this title and any other laws the administration 

of which is vested in the departmcnt. 

JOURNALHOUSE 5219 

to the prcservation of life or property or to the execu- 

tioa of emergency governmental illnctions. 

(b) Manner and carrying of desirpation.--The desig- 

nation shall be in writing and the writtcn designation 

shall be carried in the vihicle at ail times, but failure to 

carry the written designation shall not affect the status 

of the vehicle as an emergency vehicle. 

6 6107. Designation of authorized vehicles by depart- 

ment. 

T1?e depnrtrr.nnt may dpsignate any vehicle or group of 

v~h'clcs as authoriz~d vchiclcs upun a find in,^ that the 

orh;cle is used in the performance of public service or 

Cnv~rnn~~nt~l functions. Dilly aaihorizcd vehiclrs shall 

hi. c:rempted from certain provisions of this title as speci- 

Fird in regulations ~~romnlgated by the department. 

6 6108. Power of Governor during emerirrncy. 

In the event of a declared Nationa!, State or local 

i,mmrr-2.7 vhcn the Governor of this Commonwealth 

has mode a specific dpt~rmination that modification of 

ally of the provisions of this title will aid in the alleviation 

of the stzitcd cmrrgency conditions, t h ~ Governor 

shall have the pc,wcr to so modify the provisions on 

any or all highwngs in this Comm~nwealth to be effcctire 

at any or all hours of the day or night with respect 

to any or 311 types or clasqes of vehicles. SL:ch modifications 

shall expire at the end of the emergency period. 

5 6109. Specific powers of dipar'ment ind local aiithori- 

ties. 

(a) Fniime~ation of police powers.-The pmviqions of 

this title shall not be dcemcd to prcvcnt the rlepartmcnt 

on State-drsignated highways and local authorities on 

streets rlr highways within their physical boundaries 

from thc reasonable earrrisn of their police powers. The 

Collriwin:. are presumcd to be reasonable exercises of 

police ,,dwer: 

Hegril.!ting or prohibiting stoppin" or 

(2) Kcg17'ating tralfic by of ?"lice officers or 

of;iclal traffic-ci,ntrol devices, 

(3) Rcg~~lntin~ or prohibiting processions or assem- 

(b) Review oi app1icatlons.-'l'hc department shi~ll blages on hiEhways. 

rxaniine and dctennine the zcnnineness, regularity and 

(4) ~ ) ~ ~ i ~ , ~ hiShways ? ~ ~ i or ~ roadways ~ 

legality ~;f every application for reqistration of a vehicle. by moving in ,lirection as in 

[or a certificate of title, and for a driver's license and of recjr,!l 3308 (relating to one.way roadwags and rotary 

any other application lawfully made lo the department. ~ ~ islands), ~ f l : ~ 

and niay in all cases make investigation as may bc deernr~l (n) Establishing speed limits for in public 

neccssary or require additional iniorm3lion, and shall parlis, 

reject any application if not satisfied of the i:enoineness, (6) ~ ~ ~ any highway i ~ as ~ a through ~ t i or ~ ~ 

regularity or legality of the application or the truth 01 7nating any intersection or jun:tion of rojdways as 

any statement contained in the application, or for any kc$&, or yield intersection or junction, 

other reason when authorized by law. 

(7) lJrnhibiting or restricting the use of hi~hrvays at 

(c) Investigations.-The department may make neces- i:artl:u~.,r piaces or by ,larticolar i:lasses "f vchicies 

sary and reasonable investigations to Procure informa- ~:l~rn!::.~:~ tire highway or "f the highway may be 

tion requircd to enforce the provii:ions of this title anif serious]q- damlged by the use or the movcn,ent of the 

department regulations. 

vc!liclcs would constitute a safety hazard. 

(d) Retention of records.-The department shall promul- !:I! Rcculating the operation of bicycles and rrquiring 

gate rules setting forth the minimum amount of time thcl? rry:is!ralicn and inspection, and thc payment of a 

that must e1;ipse before the dcpartrnt'nt may destroy rensonbble registration fee. 

records acquired, established or maintained under this (9) I(~g!i!aLing or prohibiting the turning of vehicles 

title. 

or speclfled types of vehicles as authorized in section 

(e) Furnishing documents and information-The dc- 3331 (relating to required position and method of turnpartment 

may supply copies of and information con- lng). 

cerning registrations, titles and security intcrests of ve- (10) Altering or ~stablishing speed limits nc authorized 

hicles and such statistical data as it may deem to he in in Subchapter F of Chaptcr 33 (relating to speed restricthe 

public interest. 

tions). 

(11) Enrorcement of speed restrictions a~~thorized under 

8 6105. Department to prescribe traffic and eniiinxring S~ihrllapter F nl Chaplcr 33, except that soecd restricinvestigations. 

tions may be enlorced hy Inca1 police on a limited access 

The department may estab!ish by regolatiun the man- Or $virlcd highway only if it is patrolled by the local 

ner in which traffic and i:ngmrermg liiveiiigations shall p'?I;cl' fixre under the tcrms of an agreement with the 

he carried out. The department may specify particular l'mnsylvania State Police. 

;ictions which require traffic and engineering ~nvestiga- (12) Dcsiznating no-passing zones as authorized in sections. 

No action shall bccomc clfcctivc until the invcsti- tion 3307 (rel:l?ing to no-passing zones). 

gation has been properly completed. 

(13) Prohibiting or regulating thc use of dcsignated 

strcrts liy :Nny cl:lss or kind ol traffic. 

$ 6106. Designation of emcrgcncy vchi:!ss by Pcnnsyl- (14) fitabii:;hing mmin~:lm sgerd limits as authorized 

vania State Pollce. 

/in st,clirjn 3364 (relating to minimum spccd rcf:ulation). 

(a) General rule.-The Pennsylvania State Police may (15) Rr~ulating and temporarily prnhihiting traffic on 

desiznate any or group of vehicles as emergency strccts closed or restricted for construction, maintenance 

vehicles upon a finding that the dezignation is necessary or special events.

5220 LEGISLATIVE JOURNALHOUSE June 8,


6121. Dealing in nonconforming traffic-control devices 5 6125. Display of unauthorized signs, signals or mark- 

Ines. 

$ 6121. Uniform system of traffic-control devices. (a) General rule.-No person shall plare, maintain or 

The department shall publish a manual for a uniform 

system of traffic-control devicrs consistent with the provisinns 

of this title for use upon highways within thii 

Commonwealth. The uniform system shall correlatc 

with and so far as possible conform to the system set 

forth in the most rec~nt edition of the Manual on Uniform efl~ctiarness of an official traffic-control dcvice. 

Tinffic Control Devices for Streets and Highwgys and 

(b) Commercial advertising on siiln~ or si?n?l?.-No 

other standards issupd or rn6"rsed hv thr Federal Wrhnersnn 

shall nlace or mainta;n nor shall any ~'iblic auway 

Administrator, Unitcd States Department of Trans- lhoritv nermit unon anv hi~hmav nnv official trarfic- 

~ -~ 

port a t' lon. 

control device containinkany bom&eicia~ zdvirtisinc ew- 

B 6122. Authority to erect traffic-rontml devizes. pent for h~~siness siws includcd ss a Dart of official 

motorist service pan~ls or roads:de area information 

panels approred by the department. 

(c) Rrmoval as p~iblic nu:sanre.-Ev~rv nrnh;hit-rl sion. 

vices. which shall he installed and maintnin~rl in con- ~ignal or marking is declar~d to be a puhlic nu;sance and 

form:~nr~ with the man~~al and regulations v!~blicllerl hv I the authority having jurisdiction over the highway may 

the drvrtment unon all highways as renuired to cnrrv -rmove thc same or cause it to be removed ;rnmed'ntoly 

out the provision- of this titlr or to regulate, re~trict .rt the reasonable rxprnse of the prrson placing, maindirect, 

warn, prohibit or guide traffic. 

taining or displaying the sign, signal or marking. 

(1) Lccal authorities shall ohtain apnroval of tho fie- $ 6126. Tnterferrnce with devices, si-ns or signals. 

pnrtment prior to rrecbino an official traffic-control devicr No person shall, wi'hout lawful ai~thoritv. attemnt to 

on a State-desienatecl hiszhway evccpt where drpartmcnt .r in fsrt. alter. twis+.. obstrllct, defac-. injure, knnck 

ree!llations provide otherwise. 

"own. rrmovc or interfpre w:th th? ~ffPrtiv~ nn~rlt'nn 

(7) Local authorities shall obtain approval of the de- ~f any official traffic-control device, or any railroad sign 

pllrtment nrior to erecting any traffic signal rvcept in a ?r sienal. or anv insrrintion, shield or insignia thereon 

miinicipality wi+h a traffic eneinrer rli~alified in ac- ?r any other part thereof. 

cordenre with department regu!ations. 

(b) Standards for department approval.-The denart- 

S 6127. Dealina in noneonformine traffic-control devices. 

mrnt sh-11 promulrate rl~lrs and regulations setting forth (?) Gpneral mle.-It is nn'awlul for any nerson to 

mini:r~>m ctandards and factors to be considered in de- v:!nli?art,urc. SEII, ofre' For sale or to lease for 11se on 

ti-rrn'ninq xvhethrr apnrovnl shall hc aiven by t h ~ de- I highway an" traffic-control dev:ce i~nloss it has 

partmcnt for the installation and mainten2nce of official '>?en approved and is in accordance with department 

traffic-rontrol ,ievlces. The faztors shall include. h;>t ~III-s and regillations. 

not IF Iimited lo, the volume of trarfic and thc nun-her (b) Penalty.-Any person cinloting this srcLinn ic guilty 

of ncciclents that cccnrred in each of the three nrecedinr ?I a slzmmary offcnse and shall, upon rnnviction. be senyears. 

t-n~ed to pay a fine of not less than $100 nor more than 

(c) Azreements to waive denartm~nt anproval --The $500. 

drpartmrnt may entrr into agreements with lo:,a! aithori 

ties tranferring to them the authority to icstall official 

iraffic-control devices withnut s~ccific Stale annrnvn! 

provided thcy conduct trnffic and engineering investigations 

which conform with the rulcs and regulation: 

SUBCHAPTER C 

prnmu!gated by the department. 

RECIPROCITY 

(dl Sisnals on munirinal boundaries-Whenever thi. 

necd arises for the installation of a traffic-coqtrol signal 

on or ncar the boundary of two politi~xl si~hdivisions nrl- 1 D?claration of policy. 

ioining rpch other so as t.o be beneficial to both, Pither 6142. Reciprocity aPrcPments, arrangements and declamay 

pelition the d~nartmcnt for ai~thority to ivctnll thp rations authorized. 

siunal. if thc political subdivisions cannot nmrov-.l of the department and the court shall de- $347. D~claration of reciprocity in absence of agreement. 

termine the proper allocation of the expcnses to he in- 6141. i\pplicahility to lea-ed vehicles. 

c.rrrerl. The political si~bdivirion that originatrd the re- 6'49. Autnmstic reciprocity. 

west to the denartment shall install the traffic-control 6150. Proportional registration not exclusive. 

sirjnal within 90 days of the date of the court order or fils!. Suspension of reciprocity benefits. 

of an amicable agreement between the political scbdivi- 6152. Form. publication and distribution of dnc~~ments. 

sions. 

6153. Existing reciprocity agreements unaffected. 

5 6123. Erection of traffic-control devices while working. 6 6141. Declaration of nolicv. . . 

Any pcrsnn performine any work cn or near the road- It is the policy of this Commonwealth to promote and 

way which mmay create hazards shall ere? traffic-control encourage the fullest posrible use of its highway system 

devlccs in accorclance with the rules and regulations of by authorizing the making and execution of reciprocal 

the deljartment for the maintenance and nrotecticn of agreements. arranaements and declarations with other 

traffic. I sFates. provinces, territories and countries with res~ect to 

drivers; licensed and vehicles registered in this and other 

6 6124. Erection of traffic-control devices at intersec- states, prov,nces, territories and countries, thus contions. 

tributing to the economic and social development and 

The denartment on State-desienated hiahwavs. includ- erowth of this Co~~monwealth. 

8 - 

ing inters'ections with local higKways, and locil'authorities 

on intersections of highways under their jurisdic. 8 6142. Reciprocity agreements, arrangements and dection 

may erect and maintain stop sisns, yield signs or larations authorized. 

othrr official traffic-control dpvices to desi~atc through The secretary may execute or make agreements, arhi!r:~vmvs 

or to desienate intersections nt which ve- raneements and declarntion to rarrv out ... the .-.. nmvi-inn. 

~ ~ ~~ ~~ ~ ~~ ~ ~~ ~~~~hi&~lar"tiaffic 

on onelor more of the rosdway~~~~ilould of this sectior~ and may amend and ierminate the agreeyield 

or stop and yield before entering the intersection. ments, arrangements and declarations. 

I -' 

-


.$ 6143. Benefits, privileges and exemptions from taxes 

and fees. 

The secretary may enter into an agreement or ar- 

rangement with the duly authorized representatives of 

other jurisdictions, granting to drivers or vehicles or 

owners of vehicles properly licensed or registered in 

those jurisdictions, and for which evidence of compliance 

is supplied, benefits, privileges and exemptions from 

the payment, wholly or partially, of any taxes, fees or 

other charges imposed upon the drivers, vehicles or own- 

ers with respect to the operation or ownership of the 

vehicles under the laws of this Commnnwealth. The 

agreement or arrangement shall provide that drivers or 

vehicles properly licensed or registered in this Common- 

wealth, when operating upon highways of thc othcr 

jurisdiction, shall receive exemptions, benefits and priv- 

ilcges of a similar kind or to a similar degree as are ex- 

tendcd to drivers or vehicles properly licensed or rcgis- 

tered in the jurisdiction when operating in this Corn- 

monwealth. Ehch agrcem~nt or arrangement shall, in the 

judgment of the secretary, be in the best interest of this 

Commonuwalth and the citizens thereof and shall he 

fair and equitable to this Commonwealth and the citizens 

thereof, and shall he deterrnincd on the basis and recog- 

nition of the benefits which accrue to the economy of 

this Commonwealth from the uninterrupted flow of com. 

merce. 

5 6144. Vehicle registration and licensing. 

An agreement or arrangement entered into, or,a dec- 

laration issued, under this suhchnpter,may, contain pro- 

visions authorizing the re,qistration or liccnslng in another 

jurisdiction of vehicles located in or operated from a 

base in the other jurisdiction whirh vehicles 

would he required to he rpgistercd or licensed in this 

Commonwealth, In such the exemptions, benefits 

and privileges extended by the agreement or declaration 

shall apply to the vehicles when properly licensed or 

registered in the base jurisdiction. 

5 6145. Proportional registration of fleet vehicles. 

If any jurisdiction pcrnlits or requires the licensing of 

fleets of vehicles in interstate or combined interstate and 

iritrastate commerce and payment of registration fees, 

license taxes or other, fixed fees on .an apportionment 

basis commensurate wlth and determlncd hv the miles 

traveled on and the use made of the jurisdiction's high- 

ways, as compared with the miles traveled on 2nd the 

use made of another jurisdiction's highways or any other 

equitable basis of apportionment, and exempts vehicles 

registered in other jurisdictions under such apportion- 

ment basis from the requirements of full payment of its 

own registration, license or other fixed fees, then the 

sezretary may, hy agrpement, adopt the pxfmption wit11 

respect to vehicles of such fleets, whether owned by 

residents or nonresidents of this Commonwealth and re- 

gardless of where based. The agreements, under such 

terms, conditions or restrictions as the secretary deems 

proper, may provide that owners of vehicles operatecl 

in interstate or combined interstate and intrastate com- 

merce in this Commonwealth shall be permitted to Pay 

registration, license or other fixed fees on an apportion- 

ment basis, commensurate with and determincd by the 

miles traveled or the use made of the highwars of this 

Cnmmnnwealth as compared with the usc madr of the 

highways of other jurisdictions or any other enuitahle 

basis of apportionment. No agreement shall authorize, 

or be construed as authorizing, any vehicle so registered 

to be operated in intrastate commerce in this Common- 

wealth unless the owner has becn granted intrastate 

enforcement of this title including, hut not limited to, 

agreements to notify any state of violations incurred by 

residents of that state and to take measures to assure 

Payment of fines or attendance at hearings by persons 

charged with violations. 

6 6147. Declaration of reciprocity in absence of agree- 

ment. 

In the absence of an agreement or arrangement with 

another jurisdiction, the secretary may examine the laws 

and requirements of such jurisdiction and declare the 

extent and nature of exemptions, henefits and privileges 

to be extended to vehicles properly registered or licensed 

1" the other jurisdiction, or ta the owners of the vehicles, 

which shall, in the judgment of the secretary, he in the 

best interest of this Commonwealth and the citizens 

thereof, and which shall he fair and equitable to this 

Commonwealth and the citizens thereof, and shall he 

determined or, the basis and recognition of the henefits 

which accrue to the economy of this Commonwealth 

from the uninterrupted Slow of commerce. 

' '14" to leased 

An agreement or arrangement entered into, or a dec- 

laration issued, under the authority of this subchapter 

may contain provisions under which a leased vehicle 

properly registered by the lessor may be entitled, sub- 

ject to terms and conditions stated therein, to the exemp- 

tions, benefits and privileges extended by such agree- 

ment, arrangement '' declaration. 

p 6149. ~ ~ t reciprocity. ~ ~ ~ t i ~ 

If no agreement, arrangement or declaration is in effect 

with respect to another jurisdiction as authorized 

by this subchapter, any vehicle properly registered or 

licensed in the other jurisdiction, and for which evidence 

of compliance is supplied, shall receive, when operated 

in this Commonwealth, the same exemptions, benefits 

and privileges granted the other jurisdiction to vehiclfs 

properly registered in this Commonwealth. 

8 6150. Proportional registration not exclusive. 

Nothing contained in this subchapter relating to proportional 

registration of fleet vehicles shall be construed 

as requiring any vehicle to be proportionally registered 

if the vehicle is otherwise registered in this Commonwealth 

for the operation in which it is engaged including, 

hut not by way of limitation, regular registration, ternporary 

registration, or trip permit or registration. 

5 8151. Suspension of reciprocity henefits. 

Agreements, arrangements or declarations made under 

authority of this suhc!lapter may include provisions authorizing 

the department to suspend or cancel the exemptions, 

benefits or privileges granted to a person who 

violates any of the conditions or terms of such agreements, 

arrangements or declarations or who violates the 

laws or regulations of this Commonwealth related to 

vehicles. 

$ 6152. Form, publication and distribution of documents. 

All agreements, arrangements and declarations and 

amendments thereto, shall he in writing and shkll be 

puhlished in compliance with the act of July 31 1968 

(P, L. 760, No. 2401, known as the "Commonwealth bocuments 

Law." Th- department shall provide copies for 

public distribution request, 

8 6153. Existing reciprocity agreements unaffected. 

All reciprocity and proportional registration agreements, 

arrangements and declarations relating to veauthority 

or ,rights by the Pennsylyania Public Utility hicles, in force and effect at the time this subchapter 

Commlss~on if such grant 1s otherw~se rerlu~i-ed by law. becomes effective, shall continue in full force and effect 

The secretary may adopt and promulgate such rules and until specifically amended or revoked by the secretary. 

regulations as deemed necessary to effectuate and administer 

the provisions of this section, and the registration 

of fleet vehicles under this subchapter shall he suh- 

CHAPTER 63 

ject to the rights, terms and conditions granted by or 

contained in any applicable agreement, arrangement or 

ENFORCEMENT 

declaration made by the secretary. 

Subchapter 


5 6146. Enforcement agreements. 

B. Records of Traffic Cases 

The secretary may enter into agreements relating to .C. Evidentiary Matters


SF?. 

SUBCHAPTER B 

RECORDS OF TRAFFIC CASES 

c%l. Records of issuing authorities. 

6322. Reports by issuing authorities. 

6323. Reports by courts of record. 

6324. Failure to comply with provisions of subchapter, 

6325. Department records. 

6326. Traffic citation forms. 

6327. Inspection of records. 

3 6321. Records of issuing authorities. 

(a) General rule.-Every issuing authority shall keep 

or cause to he kept for a period of three years a record 

of every traffic complaint, traffic citation or other legal 

form of traffic charge deposited with 3r presented to the 

issuing authority. 

(b) Contents of record.-The record of the issuing 

acthority shall include, hut not be limited to, an exact 

record of the proceedings, the section and subsection 

violated, the conviction, forfeiture of bail, judgment of 

acquittal and the amount of fine or forfeiture resulting 

from every traffic complaint or citation deposited wlth 

or presented to the 1ssl;ing authority. 

(c) Receipt for payment of fine.-The issuing au- 

thority shall deliver, without charge, to the defendant 

a receipt showing in detail the section and subsection 

violated and the amount of fine and costs imposed and 

paid. 


8 6322. Reports by issuing authorities. 

.(a) General rule.-Following the fifteenth and last 

days of each month, every issuing authority shall pre. 

pare a statement, upon forms prescribed and furnished 

by the department, of all fines collected, bail forfeited, 

sentence imposed and final disposition for all cases on 

violations of any provisions of this title decided by the 

issuing authority in the semi-monthly reporting period 

just concluded. The statement shall he certified by the 

issuing authority to he true and correct and shall be 

forwarded to the department within the following week, 

with a copy sent to the police department which filed the 

charge. The fines and bail forfeited shall accompany the 

report to the department. 

(b) Contents of report.-The report shall include the 

identifying number of the citation, the name and rrsidence 

address of the party charged, the driver's license num- 

ber, the registration number of the vehicle involved, a 

descrlptlou of the offense, the section and subsection 

of the statute or ordinance violated, the date of hearing. 

the plea, the judgment or whether bail was forfeited, 

clear and concise reasons supporting the adjudication, 

the sentence or amount of forfeiture and such other in- 

formation as the departmcnt may require. 

(c) Use of reports by department.-The department 

shall promptly enter tKe information contained in the 

reports in the records of the persons involved in order 

to effect swift execution of the provisions of Subchapter 

B of Chanter 15 (relating to a comprehensive system Ior 

driver educaticn and control). 

5 6323. Reports by courts of record. 

The clerk of any court of record of this Commonwealth, 

ten days after final judgment ,f or 

quittal or other disposition of charges under any of the 

provisions of this title, shall send to the department a 

record of the judgment of conviction, acquittal or other 

disposition. A record of the judgment shall also be for- 

warded to the department upon conviction or acquittal of 

a person of a felony in the commission of which the judge 

determines that a motor vehicle was essentially involved, 

The fines and bail forfeited shall accompany the record 

sent to the department. 

3 6324. Failure to comply with provisions of subchapter. 

(a) General rule.-Failure, refusal or neglect.of any 

issuing authority or clerk of court to comply wlth any 

of the requirements of this subchapter is a summary of- 

fense punishable: 

(1) For a first offense, by a fine of $100. 

June 8, 

(2) For a subsequent offense, by a fine of not less 

than $200 nor more than $500. 

(h) Removal from office.-Conviction shall he grounds 

for removal from office. 

5 6325. Department records. 

The department shall file all reports and records re- 

ceived under the provisions of this subchapter and shall 

maintain suitable records or facsimiles of the records. 

S 6326. Traffic citation forms. 

(a) Issuance by department.-The department shall 

he responsible for the issuance of traffic citation forms 

in conformance with the Pennsylvania Rules of Criminal 

procedure. ~h~ citation form shall indicate, as additional 

the of pomts, if any, to be assessed 

by the department upon a plea of guilty or conviction, 

Failure of any to provide and complete such ad- 

ditional information shall not affect the validity of the 

citation or a prosecution commenced thereby. The de- 

partment shall maintain a record of all citations issued 

and shall require and retain a receipt. 

(h) Use of department forms mandatory.-All traffic 

citations issued in this commonwealth, except for over- 

time parking, shall be upon forms issued by the depart- 

ment under subsection (a). The department shall pro- 

vide the forms to local police departments at cost. 

('2) Accounting for forms.-The chief administrative 

officer of every police department or traffic enforcement 

agency shall requlre the return of a copy of every traffic 

citatlon issued by every officer under their supervision 

to an alleged violator and of all copies spoiled. 

§ 6327. Inspection of records. 

The records of the issuing authority, department and 

each police department required under this subchapter 

shall he open for inspection by any police officer or au- 

thorized employee of the department, the Department of 

Justice, the Department of Revenue, the Auditor Gen- 

eral and the Court Administrator of the Supreme Court. 

SUBCHAPTER C 

EVIDENTIARY MATTERS 

set. 

6341. Admissibility of copies of records as evidence. 

6342. Registration number as prima facie evidence of 

operation. 

S 6341. Admissibility of copies of records as evidence. 

All copies, including photostatic copies and microfilm 

reproductions, of records, books, papers, documents and 

rulings of the department, when certified under and 

bearing the seal of the department by its duly authorized 

agent, shall he acceptable as evidence in the courts of 

this Commonwealth with the same force and effect as 

the originals in all cases where the original records, 

books, Papers, documents and ruling would be admitted 

In 

§ 6342. Registration number prima facie evidence of 

operation. 

(a) General rule.-In any proceeding for a violation of 

the provisions of this title or any local o~dinance, rule or 

regulation, the registration plate displayed on a vehicle 

shall he prima fzcie evidence that the owner of the vehicle 

was therl the 

(h) Burden shifted by testimony of owner.-If at any 

hearing or proceeding the owner testifies under oath or 

affirmation that the owner was not operating the vehicle 

at the time of the alleged violation and submits to an 

examination as to who at the time was operating the vehicle 

and reveals the name of the person, if known, then 

the prima facie evidence arising from the registration 

plate shall he overcome and removed and the burden of 

proof shifted. 

(,) , ~ shifted ~ by affidavit ~ d of owner,-If ~ the ~ information 

is made in a county other than that of the 

owner's own residence and an affidavit setting forth 

these facts is forwarded to the issuing authority, the 

prima facie evidence arisin from the registration plate 

shall he overcame and the furden of proof shifted.


s,=" 

CHAPTER 65 

PENALTIES AND DISPOSITION OF FINES 

is the result of local police action, all fines and penalties 

and all hail forfeited shall he paid to the political suhdivision 

under which the local police are organized. 

6501. Definition of conviction. 

6502. Summary offenses. 

6503. Subsequent convictions of certain offenses. 

6504. Inability to pay finc and costs. 

6505. Disposition of fines and forfeitures. 

CHAPTER 67 

SERVICE OF PROCESS ON NONRESIDENTS 

Sec. 

6701. Service of process on nonresident. 

6702. Residents who depart Commonwealth or whose 

whereabouts are unknown. 

6703. Personal representatives of nonresidents. 

6704. Manner of service of process. 

6705. Record of service of process. 

§ 6501. Definition of conviction. 

(a) General rule.-For the purposes of this title a 

conviction includes a plea of guilty, a plca of nolo can- 

tendere, a finding of guilty by a court or an unvaratrd 

forfeiture of bail or collateral deposited to secure a dr:. 

fendant's appearance in court. 

(h) payment of fine as guilty plea.-^ paymeni 

ary person charged with a violation of this title of the 

fine prescribed for the vinlation is a plea of guilty. 

S 65112. Summary oflenscs. 

(a) Designation.-It is a summary olfensc for any 

person to violate any of the provisions of this titic un- 

less the violation is by this title or other statute of this 

Commonwealth declared to be a misdememnr or felony. 

(h) Penalty.-Every person convicted of a summary 

offense for a violation of any of the provisions of this 

title for which another penalty is not provided shall he 

sentenced to pay a fine of $25. 

(c) Title 18 inapplicable.-Title 18 (relating to crimes 

and offenses), in so far as it relates to fines and imprison- 

ment for convictions of summary offenses, is not applica- 

ble to this title. 

8 6503. Subsequent convictions of certain offenses. 

Every person convicted of a second or subsequent vio- 

lation of any of the following provisions shall he sen- 

tenced to pay a fine 01 not less than $200 nor more than 

$1,000 or to imprisonment for not more than one year, 

or both: 

Section 1501(a) (relating to drivers required to he li- 

"enserl> - - - . - - - , . 

Section 1543 (relating to driving while operating 

ilege is suspended or revoked). 

Section 3367 (relating to racing on highways). 

Section 3733 (relating to fleeing or attempting to 

police officer). 

Section 3734 (relating to driving without lights to 

identification or arrest). 

Section 3748 (relsting to false reports). 

priv- 

elude 

avoid 

costs. I 

$ 6505. Disposition of fines and forfeitures. I 

(a) State Police enforcement.-When prosecution un- 

der the provisions of this title is the result of State Police 

S 6701. Service of process on nonresident. 

(a) Secretary of Commonwcaltb as agent.-The ac- 

ceptance by a nonresident cf any right or privilege con- 

ferrcd upon him by the laws of this Commonwealth to 

title, register or operate a motor vehicle within this Com- 

mnnwealth, or the titling, registration or operation by 

a nonresident or duly authorized agent or employee of a 

motor vehicle within this Commonwealth, or in the 

event the nonrcsident is the owner of a motor vehicle, 

then also the titling, registration or operation of the ve- 

hiclr! within this Commonwealth by any person with 

thc express or implied permission of the owner, shall he 

deemed equivalent to an appointment by the nonresident 

cf the Secretary of the Commonwealth to he the true 

and lawful attorney upon whom may he served all lawful 

process in any action or proceeding against the non- 

resident growing out of any accident or collision result- 

ing from the operation of a motor vehicle upon any high- 

way or elsewhere throughout this Commonwealth. 

(h) Implied consent of nonresident.-The titling, reg- 

istration or operation of a motor vehicle within this Corn- 

munwcalth shall he deemed consent by a nonresident 

that any process served in the manner provided in this 

chaptcr shall be of the same legal force and validity as if 

served personally on the nonresident. 

6702. Residents who depart Commonwealth or whose 

whcreabonts are unknown. 

The provisions of this chapter apply to any resident 

who departs from this Commonweal+h subsequent to an 

accident or collision or to any resident whose where- 

abouts are unknown. 

$ 6703. Personal representatives of nonresidents. 

The appointment of the Secretary of the Commanwealth 

as the attorncy for service of process on nonresidents 

is irrevocable and binding upon thc personal 

§ 6504. Inability to pay fine and costs. 

(a) Order for installment payn1ents.-Upon plea and 

nroof that a nerson is unable to nav an" " fine --~-- 2nd -.~-~~ rostq - ..,. ~ 

imposed under th;s title, a court ma?, in accordance with 

representative, executor or administrator of the nonthe 

Pennsylvania Rules of Criminal Procedure, ordcr resident, and the provisions of this chapter shall apply in 

payment of the fine and costs in installments and shall an action or proceeding against the personal representative, 

executor or administrator of a nonresident when 

the action or proceeding arises out of any accidcnt or 

collision in which the nonrcsident may have been involved. 

5 6704. Manner of service of process. 

monwealth is required, a irue and attesteh copy of the 

action, all fines and penalties and all bail forfeited shall process shall be sent to the Secretary of the Commonbe 

waid to the Denartment of Revenue. transmitted tn 

~ - ~~~~ .~ wealth by registered mail at least 15 days before the 

the-State Treasury and credited to the Motor License 1 return day of the process. 

Fund. One-half of the revenue shall be paid to municipalities 

in the same ratio provided in sertion 4 of the act 6 6705. Record of service of process. 

of June 1, 1956 (P. L. 1944, No. 6551, relating to partial The Secretary of the Commonwealth shall keep a record 

allocation of fuels and liauid fupls tax nrnreeda 

~ .~~-. 

of each process served and the day and hour of the 

(b) Local police enforcement in general.-When pros- servlce. 

ecution under the wrovisions of this title. excent for nark- I 

ing, is the result of local police action, one-half of all'fines 

PART VI 

and penalties and all bail forfeited shall be paid to the 

MISCELLANEOUS PROVISIONS 

political subdivision under which the local police are 

organized and one-half to the Department of Revenue, 

transmitted to the State Treasurv and credited to the 

~~ ~ ~ ~~ ~ ~ ~ - ~ ~ ~ . 

Motor License Fund. 

(c) Local police enforcement of parking.-When prosecution 

under the provisions of this title for parking

CHAPTER 71 

VEHICLE THEFT AND RELATED PROVISIONS 

Subchapter 

A. Identification Number 

B. Stolen Vehicles 

C. Misuse of Documents and Plates 

SUBCHAPTER A 

IDENTIFICATION NUMBER 

uLLa. 

7104. State rep1acr;nent vehicle identification number 1 

plate. 

7105. Seizure of vehicles with removed or falsified numbers. 

5 7102. emov oval or falsification of identification num- / 

ber. 

(a) Offense drfined.-A person who wilfully removes 

or falsifies an identification number of a vehicle, engine 

or transmission is guilty of a misdemeanor of the third / 


of the first degree. 

(c) Exception.-This section does not apply to the, 

removal of an identification number from a vehicle for 

which a certificate of junk has been obtained in accord- 

ance with section 1117 (relating to vehicle destroyed or 

junked). 

5 7103. Dealing in vehicles with removed or falsified! 

numbers. 

(a) Offense defined.-A person who buys, receives, 

possesses, sells or disposes of a vehicle, engine or trans- 

mission, knowing that an identification number has been 

removed or falsified, is guilty of a misdemeanor of the 

to conceal or misrepresent the identity thereof, is guilty 

of a felonv of the third dcgree. 

7104.' State replacement vehicle identification number 1 

plate. 

(a) General rule.-No vehicle on which the vehicle 

identification number has been removed or falsified shall 

be titled or registered without a special permit from the 

department. 

(b) Application for plate.-Before a certificate of titlr 

or registration for the vehicle can be obtained, the ownet 

shall awwlv to the departmrnt for a State replacemen 

vehicle-identification number plate on a form-furnished / 

by the department which shall-contain the full name and 

address of the owner and any other information the de- 

oartment mav - ~ - deem ~~ ~ ~ necessarv. sworn to before an officia! 

empowefed to administer baths. 

(c) Designation on plate.-The State replacement ve- 

ment. 

(d) Issuance and display of plate.-The department 

shall furnish a State replacement vehicle identification 

June 8, 

number plate which shall be immediately placed in a 

uniform manner as designated by the department on the 

vehicle. 

(e) Reconstructed or specially-constructed vehicle.- 

The department may assign a State replaccment vchicle 

identification number plate for a reconstructed or spe- 

cially-constructed vehicle. 

§ 7105. Seizure of vehicles with removed or falsified 

SO" 

SUBCHAPTER B 

STOLEN VEIIICLES 

7111. Dealing in titles and plates for stolen vehicles. 

7112. False report of theft or conversion of vehicle. 

7113. Reporting stolen and recovered vehicles. 

7114. Records of stolen vehicles. 

7115. Application for certificate of title of a stolen 

vehicle. 

7116. Fraudulent removal of vehicle from garage. 

5 7111. Dealing in titles and plates for stolen vehicles. 

A Person is guilty of a misdemeanor of the first degree 

if the person with fraudulent intent Drocurrs ~ - or ~. ~ atternntc - 

to procure a certificate of title or r'egistration plate for 

a vehicle, or passes or attempts to pass a certificate of 

title or an assignment to a vchicle, knowing or having 

reason to believe that the vehicle has been stolen. 

5 7112. False report of theft or conversion of vehicle. 

A person is guilty of a misdemeanor of the third degree 

if the person knowingly makes a false report of the theft 

or conversion of a vehicle to a police officer or to the 

department. 

-------r-- 

5 7113. Reporting stolen and recovered vehicles. 

(a) Stolen vehit1e.-Every police department or police 

office, having knowledge of a stolen vehicle, shall immediately 

furnish the State Police with full information 

about the stolen vehicle. The State Police shall forward -~~ 

the stolen vehicle information to the department. 

(b) Recovered stolen vehicle.-Within 48 hours of the 

recovery of a stolen vehicle, the police shall notify the


. . 

Feport oi rc,covery of 'a stolen vehklc, thc rx,lirc 'lv.rsonment for not mnrc than 90 days, or both. 

notify the State Police. The State Police i:ha!I notify the 

depaitment of the recovery. I 

B 7114. R,ecords of stnlen vohiclcs. 

CHAPTRR 73 

(a) General rllle.---The rlrpnrtm~nt sh;ill. !:;Ion rrccix~- ABANnONET) VFFITCT.FS AND C4RGOS 

ins a rcnort of the thcft of o v~hiclr. m2l:c an ci.+rv nrto 

tho vehirle's r~cnrd that it has hcen r~p:,rted as stolen, Sec. 

which entry shall rrmaiq until r :e~,nrt nf r-cox-crv has 1:iO'. P~~thoriration of sa!vors. 

been received as provid~d in ~ei-tion 7113 (h (r'elatin~! 77nq, Cr-rtific-tr of authnri;:ztion. 

to reporting stolen and rccovcrd .,ehiclri). li the ..-'lirl? 71113 Si~?pension of a~~thoriz;ltion. 

is not repo~trd as rer.ov:-rccl :r,ithin. five ymrr. t5- dm- 7301. Rrnortq to drpartmpnt of pr;sirssion of ahonrlone(l 

partment may remnr? thc record from its filw 

vehicles. 

(h) List of stolen and recovered vehiclrs--The dcn,irt- 73nri. Notire to ownr,r :mcl li~nhnl~iers of nhnndoned 

mrnt shall prepare periodic reports listing vehicles, vehicles. 

stolnn and rrco~:ered. ?s rlisclnspd hv the renorts svh- 73fl6. Payment of costs unon rrclaiminz vehicle. 

mitted, to be dj'-tribntrd as providcd in regiilations 7107. A~~thorization for disnocal nf iinrlzimnd vehirles. 

promi~lpated by the dep:irtm~nt. 

730R. Public sale of unclaimed vehicles with value. 

7709 .T;lnkine of vrhicl?? aa7lie!r-q exccpt fvr jnnk. 

6 7115. Anolication for certificate of title of a stolen 7210. Rcmoval of ochicl~s and spilled carrrr; frnm roadvehicle. 

way. 

Upon receipt of an apn!ication for x rzrtif'cate of title 7111 RI'DO~~S hy qar-lre kcr~lnrs rf xhnndmrd ~rchiclcs. 

of a stnlen rrphicle, thc drpartment ?hall cotif., !he State 7119. Penalty for violation of chapt-r. 

Police and the riehtflil owner and shrill withhold the issoinp 

of the certiiicate of title ~~ntil the croner . . invcstipa- 6 7101. Allthorimtion of salvors 

tion is made. 

(.,) Gcnpral r~~le-The department, shall ahthnrize and 

shill issilc 2 csrtificnte if rnlthorimti7n to cvnrv wl.-or 

S 7716. Fmm~di~lrnt rcmnval of vchirle from garage. that rornplins with thp r~nniremmts of this rhznt~r 2nd 

No ncrson sh:rll remove or ca!,se to 11" removed. hy rrqulntion.: ndonterl hv the dennrtmrnt and is a vehi"!e 

any false pretension ni- with int:mt t.i defrn~~d, any vr- a2lv3~~1 dpnler as dartmint fivds is not properly onerated or which,has 

other document irsued hv the den;artrnent. Pi.1i.r ofiire*~ I ~iolated or failed to comply with any of the !-rnoslor?s 

of this chapter or rrgulation~ erloptnd by the denartlnents 

when unlawfully posse5sed or I.?+ ixmt. h si~snendrd certifi?ztz nf aiithorization shall b~ 

I reti~rncd to the department immediately except an appeal 

8 7124. Fraudulent use or removal of renistmtion plate. from axpension as provk!cd in suhcection (b) shall 

A person who either removes a registration plate from operate as a supersedeas of any suspension by the dea 

vehicle or affixes .to a vehirlea registration plate not partment.

(b) Judicial review.-Any person whose certificate of 

authorization has been denied or suspended under this 


days thereafter for a hearing on the matter in the court 

of common nleas of the county in which the principal 

place of business of the salvor is located. he court is 

hrreby vested with j~irisdiction and it shall be its duty 

to sct the mltter for h~aring upon 30 days' written notice 

to the drpartmpnl and to take testimony and examine 

into the facts of the rase and to determinr whnther the 

petitioner is entitled to a certificate of authorization or 

is subject to suspension of the certificate of authorization 

under the provisions of this chapter. 

$ 7304. Reports to department of possession of abandon- 

ed vehicles. 

Any salvor taking nossessicn of an abandoned vehicle 

pursuant tn srction 7301 (c) (relating to authorization of 

salvors) shall within 48 hours after taking possession re- 

wort to the departmrnt the make, model, "chicle identi- 

fication numher and r~gistration plate number of the 

abandoned vehicle, anrl thr name and address of the 

ownrr or pcrson who nhandon~d the vehicle. if known. 

together any infnrmltion or documpllts 


vehicle that the ahandoned vehicle has not been reclaimed 

by the owner or lienholder within the 30-day period, au- 

thorize the disposal of the ahandoned vehicle in ac- 

cordance with the provisions of this chapter. 

B 7308. Public sale of unclaimed vehicles with value. 

(a) General rule.-If an abandoned vehirle havinq value 

has not been reclaimed as provided in this chapter, the 

vehicle shall be sold at a publir auction. 

(b) Title of purchaser.-The salvor shall give the pur- 

chaser a sales receipt and shall apoly to the department 

for a title which shall be free and clear of all previous 

liens and claims of ownership. 

(c) Disposition of proceeds.-From the proceeds of the 

sale of the abandoned vehicle; the salvor shall hr reim- 

bursed for the costs of towing, storage, notice and pub- 

lication costs and expenses of auction. The remainder of 

the ,proceeds of a sale shall he hrld for the ownm of the 

vch~cle or record lienholder for 60 days from thp date of 

sale and if not nroperly claimed shall thrn he paid to the 

department and transmitted to the State Treasurer for 

deposit in the Motor License Fund. 

S 7309. Junking of vehicles vahleless except for junk. 

the dcuartment may by reeulation reouire. The renort (a) Apolication for certificate of junk.-If an ahanshall 

inchide a statement whether t h vfhiclp ~ is valurl~ss doned vehirle is valueless except for iunk, the salvor 

rvcent for iunk. Where the reoort indicatrs the vphicle shall note that fact in the report to the department reic 

raluelrss exrent for innk, the salvor shnll inchrd~ a quired in sectlon 7304 (relating to reports to department 

photoeranh of the vehicle to be prenared in a mmner of possession of ahandoned vehicles) and shall apply for 

prescribed by the department. A report hy a snlvnr that issuance of a certificate of junk as prnvidecl inr in secn 

vehicle is valueless exrent for ivnk shall be verified by tlon 1117 (relating to vehicle destroyed or junked). 

the nolipe department which authorized transfer of the (b) Notice and issuance of certificate.-Tf thr iiientitv 

vehicle to the salvor. 

of the last registered owner cannot he detrrmin~d with 

reasonable certainty and it is impossible to determine 

\r 7305. N~tico to owner and lipnholders of abandoned with reasonable certainty the identity and addresses of 

vehicles. 

any lienholder, no notice shall be required. Under such 

(a) Geneml rule.-Excent rs provided in sertion 7308 ~i"amsta~ceS, the department shall upon receipt of the 

(relating to junking of vehirlcs val~~eleps excent for junk). report hy the salvor pursuant to section 7304 issue a 

the denartment, upon receipt of notice thst an abandoned certificate of junk as provided in srction 1117. 

vehicle has hecn taken into nossession pursuant to this (c) Reimbursement of expenses of sal~or-Upon rerhaptrr, 

notify by certified mail, return receint receipt within six months of evidence that a salvor has requested. 

the last known registered owner of the vehicle moved an abandoned vehicle upon the renurst nf a police 

and all lienholders of record that the vehicle is rbandon- department. the department shall pay to the salvor from 

ed. 

the Motor License Fund the sum of $15 for the expensrs 

(b) Contents of notire.-The notice shall: 

incurred in the removal and towing of the abandoned 

(1) Describe the make, model, title number, vehicle vehicle. NO ort ti on of $15 payment or any separate conidentification 

numher and registration plate number of slderation shall he reimbursed or paid to any glvemthe 

abandoned vehicle, if known. 

ment agency or municipality by the salvor. 

(2) Statr the location where the vehirle is beina held (d) Rights of owners and lienholders.-Issuarice by the 

(3) Inform the owner and any lienholders of their department of a certiflrate of junk for a vphiclr ju~krrl 

riqht to r~claim the vehicle within 30 days after the under this sectipn shall, operate as a divestiture of all 

date of the notice at the place where the vehirle is neht. tltle and lnterest m the vehlcle of the owner and 

being hcld by the salvor. upon payment of all towine all lienholders. 

and storage rharges and the fee authorized in section 7306 

(relztinq to wavment of costs i~pon reclaimine 

S 7310. Removal of vehicles and spilled cargo from road- 

(4) State that the failure of the owner or lienholder to way. 

rerlnim t h vehiclc ~ is dcometl consent by the owner to (a) General rule.-Police officers mas remove or direct, 

the destruction, sale or other disposition of the ahandoned removal of ahandoned or wrecked vehicles and spilled 

vehicle and of all lienholders to dissoliltion of thrir liens. cargo from any roadway to the nearest point off the road- 

(c) Notice by publication.-If the identity of the last way where the vehicle or spilled cargo will not interfere 

re~istered owncr and of all lirnholders cannot be deter- with or obstruct trafflc, Immediatelv following an accimined 

with reasonahle certailt", the contents of the no- dent, the wrecked vehlcle or spllled cargo shall be retice 

set forth in subsection (b) shall he published one moved or dlrected to be removed from the roadway by a 

time in one newspaper of general circulation in the area police officer if the owner or operator cannot remove the 

where the vehicle was abandoned. The notice may con- wrecked vehicle or refuses or fails to have the vehicle 

tain multiple listines of ahxndoned vehicles. Notice by removed within a reasonable time. 

:alhlicntion locally shall he the responsibility of the srl- (b) Storage of cargo.-When, in the opinion of a police 

:,or. Thr notice shall have the same effect as noticr sent officer, it is deemed necessary for the protection of the 

hy certified mail. 

contents or load of a wrecked vehlcle or spilled carzn 

fron the elements, spoilase or theft, the police officer 

6 7306. Payment of costs upnn reclaiming vehicle. may remove or direct to he removed and have stored at 

In the event the owncr or lienholder of an abandoned the expense of the owner the contents or load or spilled 

vehicle reclaims the aehlcle, the reclaiming party shall cargo at the nearest practical place of storage. 

pay the costs for towing and storage, plus a fee of $25 of (c) Liability for damages.-In carrying out the proviwhich 

$10 shall be transmitted to the department by the sions of this section, no liability shall attach to the police 

salvor. 

offlcer or, absent a showing of gross negligence. to any 

person acting under the direction of the police officer for 

g 7307. Authorization for disposal of unclaimed vehicles. damage to a vehicle or damage to or loss of any portion 

The department shall, after the expiration of 30 days of the contents or load or spilled cargo. 

from the date of notice sent by certified mail to the 

rcqistered owner and all lienholders of record or 30 days 8 7311. Reports by garage keepers of ahandoned vehicles. 

after publication of notice, where applicable. and upon The person m charge of any garage or repair shop in 

receipt of a written statement from the holder of the which a vehicle of nnknown ownership has been left.


I 

for a period of 15 consecutive days without being re- 1 of the provisions of this chapter or rrgolati~ms adopted 

by the department. Any sus~~cndr.d cert~ficatd ~i au- 

:huriz.,t~.,n shall Lc. 1.~1urntd tu :Ilc d~t~~rtrnrnt itnrnc- 

--~-~- ~~ ~ ~ ~. 

diately. A sus~ended certificate may be i.estorcd on such 

giving the make, engine number, vehicle idenfifi'cation terms and conditions, including the posting of additional 

number, registration plate number and the name and hond, as the department shall deem advisable. 

(b) Judicial review.-Any person whose certificate of 

authorization has been denied or suspended under this 


days thereafter for a hearing on the matter in the court 

of common pleas of the county in which the principal 

place of business of the person is located. The court is 

$ 7312. Penalty for violation of chapter. 

hereby vested with jurisdiction and it shall he its duty 

(a) Fines.-Anv person violating any of the provisions to set the matter for hearing upon 30 days' written notice 

of this chapter is>iilty of a summary iffcnse, punishable: I to the department and to take testimony and examine 

into the facts of the case and to determine whether the 

petitioner is entitled to a cert~ficate of authorization or 

is subject to suspension of the certificate of authorization 

under the provisions of this chapter. 

(b) ~uspensioi.-- or violation of any of the provisions 

of this chapter, the salvor shall be slihject to suspension 

of the privilege to receive abandoned vehicles 

~!nder this chapter. 

CHAPTER 75 

MESSENGER SERVICE 

Sec. 

7501. Authorization of messenger service. 

7502. Certificate of authorization. 

7503 Suspension of authorization. 

7504. Place of business. 

7503. Transaction of busin~ss with department. 

7506. Violations and penalties. 

6 7501. Authorization of messenger service. 1 

(a) General rule.-The department shall authorize and 

shall issue a certificate of authorization to every mes- 

senger service that complies with the requirements of 

this chanter and reeulations ado~ted bv the denartment. 

(b) unauthorized o~eration '~rohibited.-N; person / 

shall operate a messcnEer service unless authorized. / 

(c) P~na1ty.-Any person operating a messenger ser- 

vice without authorization is guilty of a summary offense 

and shall, upon conviction, be sentenced to pay a fine of 

piete information foreach idcation. 

(c) Bond required.-Before issuing a certificate of au- 

thorization, the department shall require the applicant 

to furnish and maintain a hond indemnifying the public 

and the department in the amount of $50,000. An indi- 

vidual bond for each place of business is not required, 

hut all places of business shall be covered by the hond. 

(d) Commonwealth employees ineligible.-No official 

or employee of the Commonwealth shall be given au- 

thorization to operate as a messenger service, nor own, 

nor he employed by, a messenger service. 

(e) Duration and renewal.-Certificates of authoriza- 

tion shall be given for a period of one year and may be 

renewed annually. 

g 7503. Suspension of authorization. 

(a) General rule.-The department shall supervise 

messenger services and, after providing an opportunity 

for a hearing, shall suspend the authorization of any 

messenger service which it finds is not properly oper- 

ated or which has violated or failed to comply with any 

§ 7504. Place of business. 

(a) Operation with other business.-A messenger service 

may be operated in conjunction with a closely allied 

business in accordance with reeulations of the denart- 

ment. 

(b) Change of location.-Upon notification in writing 

to the department that the location of pl:.ce of business 

or branch will be changed and upon payment of the ap- 

plicable transfer fee, the department shall issue a certifi- 

cate of authorization for the new location for the unex- 

pired period of authorization if the department deter- 

mines that the new location conforms to department 

regulations. 

(c) Failure to report change of location.-A change of 

location or addition of a place of business or branch of- 

fice without notification to the department shall result 

in susoension of the certificate of authorization. 

~~~ ~~~ 

(d) Display of sign and certificate.-Every messenger 

service shall display on the outside of each place of 

S 7505. Transaction of business with department. 

The department may designate those locations, facilinot 

less than $200. I ties and hours of operation at which messenger services 

may transact business with the department. Every mes- 

8 7502. Certificate of authorization. 

senger service to whom a certificate of authorization 

(a) Application and issuance.-Application for a cer- has been issued pursuant to this chapter shall he pertificate 

of authorization shall be made on a form pre- mitted to transactbusiness with the department at the 

scribed hv the department, accompanied by the applicable I locations and facilities and during the hours of operaiC.

June 8, 

. 

SUBCHAPTER B 

for a snowmohile: 

(1) Owned and used by the United States or another 

REGISTRATION 

state, or a political subdivision thereof, but such 

Sec. 

snowmohile shall disolav the name of the owner 

~ ~~- ~ - ~ ~~-~ -~ 

7711. Registration of dealers. 

on the cowling thcred. 

7712. Registration of snowmobiles. 

(2) . . Covered bv a valid registration or license of an- 

7713. Certificates of rcgistratian and decals. 

other state; province orcountry. 

7714. Exemptions from registration. 

(3) Owned and operated on lands owned by the own- 

7715. Reciprocity. 

er or operator of thc snov~mobile or on lands to 

7716. Central registration file. 

which he has a contractual right other than as a 

member of a club or association, provided the 

S 7711. Registration of dealers. 

snowmobile is not operated elsewhere within this 

Any person who is in the business of selling snowmo. Commonwealth.


6 7715. Recinrocitv. 

(c) Notification and duty of police.-A local authority 

shall notify the local police department and the county 

sheriff's office at least one week in advance of the time 

~ ~~~-. 

~-~ - - ~ ~ 

and place of any snowmohile race, rally or derby which 

~ ~ 

censing laws of the siatei~ province, diitrict or country may result in any highway or street, or part thereof, heof 

residence, provided that the snowmobile is appropriately ing blocked off. Upon such notice, the local police deidentified 

in accordance with the laws of the state of partment shall take such measures as it deems appropriate 

residence. 

to protect persons and property and to regulate traffic 

in the designated area and its vicinity on the day of such 

§ 7716. Central registration file. 

race, rally ;r derby. 

The department shall maintain a central file of the (d) Liability of local authorities.-A local authority 

certificate of registration number, name and address of shall not be responsible for any injury suffered hy anythe 

owner of each snowmobile for which a certificate of one in connection with, or arising out of, any snowmobile 

registration is issued and such information shall be made race, rally or derby unless the injury is caused by the 

available to all enforcement agencies. 

negligence of the local authority. 

I S 7724. Oneration on private or State property. 

I 

SUBCHAPTER C 

(a) Private property-No person shall op-rate a snowmobile 

on private property without the conscnt of the 

OPERATION 

owner of or lessor thereof. Any person operating a 

snowmobile - 

UDOn lands of another shall stop and identify 

ing jurisdiction. 

(b) Emergency and bridge crossings.-A snowmobile $ 7724. Operation by persons under age sixtecn. 

may he operated on highways and streets: 

(a) Snowmobile safety certification.-Ezcei~t as other- 

(1) During periods of emergency when so declared wise provided in this section, no person ten years of age 

by a policy agency having jurisdiction. 

aud over who has not reached IG years ui age shall 

(2) When necessary to cross a bridge or culvert. operate a snowmob~lc in this Communwcalth, except ugoii 

(c) Crossing street or highway.-A snowmohile may lands of his parent or guardian, unlcss and liniil be has 

make a direct crossing of a street or two-lane highway received safety tralnlng as prescribed by the department 

upon compliance with the following requirements: and has received the appropriate snowmobile salety cer- 

(1) The crossing is made at an angle of approximately tiiicate issued by the department. The department may 

90 degrees to the direction of the highway and at authorize sanctioned snow-mohilc clubs lo act as azenls 

a place where no obstruction prevents a quick in conducting classes and ~xaminations and issuing snowand 

safe crossing. 

mobile safety certificates in thc name of t!lp department. 

(2) . . The snowmohile is hroueht to a comnlete stoo he- (b) Failure to exhibit certificate.--'rile failure of an 

fore crossing the shonlxer or main -traveled- way operator to exhibit a snowmobile safcty ccrtiCicate upon 

of the highway. 

demand to, any police offlccr having nuihority to eniorce 

(3) The driver yields the right-of-way to all onconl- the provisions of this chapter shall he presumptive eviins 

traffir ~ -..-- ~- whirh ~--- ronstil~>tes an imrnpdintp .~..~~~ hnzzrrl dence ~ that such Derson is not the holder of such certiIi- 

(4) In crossing a divided highway, the crossing is cate. 

made only at an intersection of such highway (c) Permitting unauthorized operation.-No owner of :> 

with another public street or highway. 

snowmobile shall authori~e or pcrmit thc operation thereof 

within this Commonwealth by any person under the 

6 7722. Designation of snowmobile roads. 

-? 20- mf . 16 .- venrs ,. ... .. inl less the onerator ~~ ~~~ . is the holder of a 

~~~ 

(a) Gcntral rulr - 'I'll: Drpnrtmctlt of Tr.:i.pnriatior~ \:,IN! bnc,\oln , ~ I I C ;:(I, ty ~crt~Ilc;t< r . b:, . I :I: .3~~t11, ri:i, 

.,l:,t(-rit~ $r:tt


June 8,

provisions of this section including requirements for re- 

porting by trial courts having jurisdiction over snow- 

mobile violations. 

5 7152. Penalties for violation of chapter. 

LEGISLATIVE JOURNAL/--MOUSE 

trial or proceeding, forthwith mail or deliver to the 

department at Harrisburg a certiiied statement of the 

disposition of the case or proceeding giving the date 

thereof, the name of the defendant, the date and place 

of the violation, the name of each witness sworn in sup- 

(a) General rule.-Except as provided in a~hsrctioii port of the charges and the amount of the fine or penalty 

(b), any person violating any of the provisions of this paid. 

chapter is guilty of a summary offcnse and shall, upon (el Section not exclusive.-This sectinn docs not proconviction: 

hih~t the prosecution of violations of this chapter in any 

(I) For a first offens?, he sentenced to pay a finc of Court of competent jurisdiction in the same manner as 

not less than $10 nor more than $50 and costs of prose- other offenses. 

cution and, in default of the payment thcreof, shall 

und~rgo imprisonment for not more than ten days. 

(2) For a second offense, be sentenced to pay a fine of 

CHAPTER 81 

not less than $25 nor more than $100 arid costs nf prosecution 

and, in default of the payment thereof, shall under- INTERSTATE COMPACTS AND AGREEMENTS 

go imprisonment for not more than 30 days. 

(h) Unauthorized disposition of forms-Any person 

SL1bchapter 

who disposes of any uniform snowmobile summons or 

A. Taxation Ilereement 

complaint in any other manner than that prescribed by B' Equipment Safety 

law, rule or regulation is guilty of a misdemeanor of the 

third degree. 

SUBCHAPTER A 

8 1753. Actions for collection of penalties. 

BUS TAXATION PRORATION AGREEMENT 

(a) General rule.-An action to recover any penaltv 

imposed under the provisions of this chapter may he 

SeC. 

brought in any court of competent jurisdiction in this 

8101. Eus taxation Proration agreement enacted. 

~ ~ ~ on order ~ of the ~ department ~ ~ and in ~ tho 8102. ~ Secretary l t of Transportation h 

to be administrator. 

name of the Commonwealth. In any srlrh action all 8103. from agreement and changes in repenalties 

incurred up to the time of commencing thc 

porting. 

action may he sued for recovered thPrrin al.d !hr 

8104. Governor to give notice of withdrawal from agreecommencement 

of an action to recover any such penalty 

ment. 

shall not be, or he held to he, a waiver al the richt to 8305. Ap~licahilits of other provisions of titlc. 

recover any other penalty. In case of recovery of an;. S 8101. Bus taxation proratinn agreement enacted. 

amount in an action brought to rccoaer any such nena1l.v ~ h BUS , ti^ ti^^ proration ilgreement is hereby enactthe 

Commonwealth shall he entitled to recover full Costs 

and at the rates provided for civil actions. 

ed into law and entered into with all jurisdictions legally 

joining therein in the form substantially as follows: 

(h) Duty and liability of witnesses.-No person shall 

he excused from testifying or producing any hooks, papers 

Article I 

or other documents in any civil action lo recover any 

such penalty, upon the ground that his testimony might 

Purposes and Principles 

tend to convict him of an offense or snbject him to n 

penalty or forfeiture. No person shall he prosecuted. Section 1. Purposes of Agreement.-It is the purpose 

punished or subjected to any penalty of forfeitrlre for of this agreement to set up a system whereby any conor 

on arcount of any such act, transaction, matter or tracting Statf may permit owners of fleets of buses opthing 

concerning which he shall, ilnder oath, have t ~ ~ erating & in two or more States to prorate the registration 

fied or produced documentary evident- and nn testimony of the buses in such fleets in each State in which the 

so given or produced shall be against him fleets operate on the hasis of the pronortion of mile- 00any 

criminal investigation or procceri.ing. No person so "rated within such State to total fleet miles, as defined 

testifying shall be exempt from prosecution or "unishment 

for any perjury committed by him in his t?st' lmony. Section 2. Principle of Proration of Registration.-It is 

This subsection is not intended to give, and shall not he hcrchy declared that in making this agreement the conconsidered 

as in any manner giving, unto any corpora- tracting States adhere to the principle that each State 

tion immunity of any kind. 

shorzld have the freedom to develop the kind oC highway 

(c) plea of guilty,-~ defendant charged with a viola- user tax structure that it determines to be most approtion 

of any provision of this chapter may himself priate to itself, that the method of taxation of interstate 

guilty tu the charge in open court. He may also submit buses should not he a determining factor in developing its 

to the judge having jurisdiction, in person, hy duly nu. '!s" tax slructure, and that annual taxes or other taxes 

thorized agent, or by registered mail, a statement setting of the fixed fee type upon buses which are not imposed 

forth the following: 

on a basis that reflects the amount of highway use should 

(I) That he waives arraignment in open court and the he apportioned among the States, within the limits of 

aid of counsel. 

practicality, on the basis of vehicle miles traveled within 

(21 That he pleads guilty to the offense as charged. tach Of the States. 

(3) That he elects and requests that the charge be 

Article I1 

disposed of and the fine or penalty fixed by the court. 

(4) Any explanation that he desires to make concern- 

Definitions 

ing the offense charged. 

(5) That he makes all statements under penalty of (a) State.-State shall include the States of the United 

perjury. 

States, the District of Columbia, the territories of the 

TRereupon the judge may proceed as though the dpfen- Unitcd Slates, the Provinces of Canada, and the States, 

dant had been convicted upon a plea of guilty in open Terr~torles and Federal District of Mexico. 

court. Any imposition of fine or penalty under this sec- (b) Contracting State.-Contracting State shall mean a 

tion shall be deemed tentative until the fine or penalt~ State which is a party to this agreement. 

has been paid and discharged in full. If, upnn receipt (c) Administrator.--Administrator shall mean the ofof 

the aforesaid statement, the judge shall den" thp ficlal or agency of a State administering thc fee involved, 

same, he shall thereupon notify the defendant 07 this or, in the case of proration of registration, the official or 

fact and th~t he is requirrd to appear before the said agency of a State admiuistering the proration of registrajudge 

at a stated time and place to answer the charge tion in that State. 

which shall thereafter b? disposed of pursuant to th,: (d) 1'erson.--Person shall include any individual, firm, 

applicable provisions of law. 

cop:rtnership, joint venture, association, corporation, 

(dl Statement of disposition of case.-The court nr ins- estate trust, business trust, receiver, syndicate, or any 

tice of the pezce before whom any pcrson shall he tripd, othcr group or combination acting as a unit. 

or the clerk of the court, shall, at the termination of the (e) Base State.-Base State shall mean the State from

or in which the hus is most frequently dispatched, gar- 

aged, serviced, maintained, operated, or otherwise con- 

trolled, or also in the case of a fleet has the State to 

which it is allocated for registration under statutory re- 

quirements. In order that this section may not be used 

for the purpose of evasion of registration fees, the ad- 

ministrators of the contracting States may makc the final 

decision as to the proper base Slate, in accordance with 

Article 111 (h) hereof, to prevent, or avoid sucb cvasion. 

(f) Bus.-Bus shall mean any motor vehicle of a bus 

type engaged in the interstate transportation of passengers 

and subject to the jurisdiction of the Interstate Commerce 

Commission or any agency successor thereto, or one or 

more State regulatory agencies concerned with the regula- 

tion of passenger transport. 


statutory authority as will aid in the proper enforcement 

of this agreement. 

(h) Interpretation.-In any dispute between or among 

contracting States arising under this agreement, the final 

declsion regaraing interpretation of questions at issue 

relating to this agreement shall be reached by joint action 

of the contracting States, acting through the administrator 

thereof, and shall upon determinat~on be placed in writing. 

(i) Effect of Hearings.-Article and section heading 

conta;ned herein shall not be deemed to govern, limit, 

modify, or in any manner affect the scope, meaning, or 

lntent of the,provisions of any article or part hereof. 

(j) Entry Into Force.-This agreemec: shall enter into 

force, and become binding between and among the contract~ng 

States when enacted or otherwise entered into 

(g) Fleet.-As to each contracting State, fleet shall in-. by any two Stat?s. Thereafter, it shall enter into force 

clude only those buses which actually tr,lvel a portlon of / and become h~ndlng with rcspect to any State when entheir 

total mil~s in such State. A fleet must include three aCtfG into law by such State. If the statutes of any State 

(3) or more buses. 

so author~ze or provide, such State may become party to 

(h) ~egistration.-Registration shall mean the registra- this agreement upon the execution thereof by an execution 

of a bus and the payment of annual fees and taxes as tive or acimlnlstrative official thereof acting on behalf of 

set forth in or pursuant to. the laws of the respective con- and for such State. 

tracting States. 

(i) Proration of Registration.-Proration of registration 

Artic!e IV 

shall mean registration of fleets of buses in accordance 

with Article IV of this agreement. 

Proration of Registration 

(j) Reciprocity.-Reciprocity shall mean that each con- (a) ~ ~ ~ l i ~ ~ ~ , owner i l i t ~ a, . fleet - ~ may ~ ~ register 

tracting State, to the extent provided in this agreement, 

exempts a bus from registration and registration fees. 

the buses of said fleet in any contracting State by paying 

to said state total fees in an alnount equal 

to that obtained by applying the proportion of in-state 

Article 111 

fleet miles divided by the total f;eet miles, to the total 

fees which would otherwise he required far regular 

General Provisions 

registration of each and all of such vehicles in such contracting 

State. 

(a) Effect on Other Agreements, Arrangements and 

~~d~~~t~~di~gs.-On 

and after its effective date, this All fleet pro-rata registration fees shall be based upon 

agreement shall supersede any re~iproc~l or other agrec- the mileage Proportions of thc fleet during the period of 

ment, arra;,gement, or understanding between any two or twelve months ending on August 31 next preceding the 

more of the contracting states covering, in whole or in commencement of the registration year for which regispart, 

any of the matters covered by this agreement; but tration is sought: Except, that mileage proportions for 

this agreement shall not affect any reciprocal or other a fleet not operated during such period in the State where 

agreement, arrangement, or understanding between a con. application for registration is made will he determined by 

tracting State and a state or states not a party to this 

the administrator upon the sworn application of the applicant 

showing the operations during such period in 

agreement. 

other States and the estimated operations during the 

(b) Applicability to Exempt Vehicles.-This agreement 1 I reglstratlon . . year for which registration is sought, in the 

shall not require registration in a contracting State Of i State in which application is being made; or if no upera- 

any vehicles which are in whole or Part exempt tions were conducted during such period, a full statement 

registration under the laws or regulations of Such of the proposed method of operation. 

without respect to this agreement. 

If any buses operate in two or more States which permit 

(c) 1napplicability of Car-vaned Vehicle-The benefits the proration of registration on the hasis of a fleet of 

and ~rivileges of this agreement shall not be extended to a 1 buses consisting of a lesser number of vehicles than provehicle 

operated on its own wheels, or in tow of a vided in Article I1 (g), such fleet may be proratcd as to 

vehicle, transported for the Purpose of selling or offering registration in such States, in which event the buses in 

the same for sale to or by any agent, dealer, purchaser, or such fleet shall not he required to register in any other 

prospective purchaser. 

contracting States if each such vehicle is registered in 

(d) Other Fees and Taxes.-This agreement does not 1 some contracting State, except to the extent it is exempt 

waive any fees or taxes chkrged or levied by any State from registration as provided in Article I11 (b). 

in connection with the ownership Or operation of vehlclrs If the administrator of any State determines, based on 

other than registration fees as defined herein. All other his method of the operation thereof, that the inclusion of a 

fees and taxes shall be paid to each State ln accordance bus or huses as a part of a fleet would adversely affect 

with the laws thereof. 

the proper fleet fee which sho'~ld he paid to his State, 

(e) Statutory Vehicle Regulations.-This agreement having due regard for fairness and equity, he may reshall 

not authorize the operation of a vehicle in any Con- fuse to permlt any or all of such buses to be included in 

tracting State contrary to the laws or regulations there- his State as a part of such fleet. 

of, except those pertaining to reglstratlon and.payment of (b) Total Fleet Miles.-Total fleet miles, with respect 

fees; and with respect to such laws Or rfgulatlons to to each contracting State, shall mean the total miles operthe 

extent prov~ded In th~s agreement. 

ated by the fleet (1) in such State, (2) in all other con- 

(f) Violations.-Each contracting State reserves the right tracting States, (3) in other States having proportional 

to withdraw, by order of the administrator thereof, all reglstratlon provisions, (4) in States with which such 

or any part of the benefits or pr~vileges granted pursuant contracting State has reciprocity, and (5) in such other 

to this agreement from the owner of any vehicle or fleet States as the administrator determines should he inof 

vehicles opcrated in violation of any provision of this cluded under the circumstances in order to protect or 

agreement. The administrator shall immediately give no- promote the interest of his State; except that in States 

tice of any such violation and withdrawal of any such having laws requiring proration on the bases of a differbenefits 

or privileges to the administrator of each other ent determinatipn of total fleet miles, total fleet miles 

contracting State in which vehicles of such owner are shall be determined on such basis. 

operated. 

(c) Leased Vehicles.-If a bu- in operated by a person 

(g) Cooperation.-The administrator of each of the other than !he owner as a part of a fleet which is subject 

contracting States shall cooperate with the administrators to the provlslons of thls artlcle, then the operator of such 

of the others and each contracting State hereby agrees to fleet shall be deemed to he the owner of said bus for the 

furnish such aid and assistance to each other within its purposes of thls article.

1976. LEGISLATIVE JOURNAL--HOUSE 5235 

(d) Extent of Privileges.-Upon the registration of a 1 contracting State, which notice shall be given only after 

fleet in a contracting State pursuant to this article, each' the repeal of this agreement by the legislature of such 

bus in the fleet may be operated in both interstate and State, if adoption was by legislative act, or after renunintrastate 

operations in such State, except as provided in ciation by the appropriate administrative official of such 

Article I11 (e). 

contracting State if the laws thereof empower him so to 

(e) Application for Proration.-The application for pro- renounce. 

ration of registration shall be made in each contracting 

State upon substantially the application forms and supple- 

Article VII 

ments authorized by joint action of the administrators of 

the contracting States. 

Construction and Severability 

(f) Issuance of Identification.-Upon registration of a This Compact shall be liberally so as to ef. 

fleet, the State which is the base State of a particular fectuate the purposes thereof. The provisions of this 

bus of the fleet, shall issue the required license plates and Compact shall he severable and if any phrase, clause, 

registration card for such bus and each contracting State sentence or provision of this Compact is declared to he 

in which the fleet of which such bus is a part, operates contrary to the Constitution of any State or of the United 

shall issue a special identification identifying such bus States or the applicability thereof to any government, 

as a part of a fleet which has fully complied with .the agency, person or circumstance is held invalid, the validiiy 

registration requirements of such State. The ,requ~red of the remainder of this Compact and the applic?hility 

license plates, registration cards and identification shall thereof to any agency, or clrcumhe 

appropriately displayed in the manner required by or stance shall not he affected thereby. If this Compact 

pursuant to the laws of each respective State. 

shall be held contrary to the Constitution of any State 

(g) Additions to Fleet.-If any bus is added to. a pro- participating herein, the Compact shall remain in full 

rated fleet after the flling of the origjna! appllcatlon, the force and effect as to the rem3.ininy party States and in 

owner shall file a supplemental appllcatlon. The owner full force and effect as to the State affected as to all sevshall 

register such bus in each contracting State in like erable matters. 

manner as provided for buses listed in an original application 

and the registration fee payable shall be determined 8 8102. Secretary of Tranlportation to he administrator. 

on the mileage proportion used to determine the registra- As used in the agreement. with reference to this State, 

tion fees payable ior buses registered under the original the term "administrator" shall mean the Secretary of 

applicati~n. 

Transportation. 

(h) Withdrawals from F1cct.-If any bus is withdrawn 

from a prorated fleet during the period for which it is 8 8103. Exemptions from agreement and changes in reregistered 

or identified, the owner shall notify the ad- porting. 

ministrator of each State in which it is registered or (a) General rule.-The Secretary of Transportation shall 

identified of such withdrawal and shall return the plates, have the power to make such exemptions from the coverand 

registration card or identification as may be required age of the ag-eement as may be kppropriate and to make 

by or pursuant to the laws of the respective States. such changes in methods for the reporting of any infor- 

(i) Audits.-The administrator of each contracting State mation required to be furnished to this State pursuant to 

shall, within the statutory authority of such administrator, the agreement as, in his judgement, shall be suitable. 

make any infor.nation obtained upon an audit of records (b) Limitations.-Any such exemptions or changes shall 

of any applicant for proration of registration available t.3 not be contrary to the purposes set forth in Article I of 

the administrators of the other contracting Statcs. the agreement and shall be made in order to permit the 

(j) Errors in Registration.-If it is determined by thc continuance of uniformity of practice among the conadministrator 

cf a contracting State, as a result of such tracting states with recpect to buses. 

audits or otherswise, that an improper fee has been paid (c) Authority exercised by rule or regulation.-Any 

his State. or errors in registration found, the administra- such exemplions or chargcs shall be made by rule or 

tor may require the fleet owner to make the necessary cor- regulation and shall not be effective unless made in acrections 

in the registration of his fleet and payment of cordance with the act of July 31, 1968 (P. L. 769, No. 240), 

fees. 

known as the commonwealth Documents Law". 

Article V 

Reciprocity 

(a) Grant of Reciprocity,-Each of the contracting 

States grants reciprocity as provided in this article. 

(b) Applicability.-The provisions of this agreement 

with respect to reciprocity shall apply only to a bus 

properly registered In the base State of the which 

State (?) must Non-applicability he a contracting to Fleet State. Buses,-The reciprocity 

granted pursuant to this article shall not apply to a bus 

which is entitled to be registered or identified as part of a 

prorated fleet. 

(d) Extent of Reciprocity.-The reciprocity granted 

pursuant to this article shall permil the interstate operation 

of a bus and intrastate operation which is incidental 

to a trip of such bus involving interstate operation. 

(e) other ~greements.-Nothing in this agreement 

shall be construed to prohiblt any of the contracting 

States from entering into separate agreements with, each 

other for the granting of temporary permits for the inti-astate 

operation of vehicles registered in the other State; 

nor Lo prevent any of the contract!ng States from enterlng 

Into agreements to grant reclproclt~ for Intrastate 

operation within any zone or zones agreed upon by the 

States. 

Article VI 

Withdrawal or Revocation 

Any contracting State may withdraw from this agree- 

ment upon thirty (30) days written notice to each other 

§ 8104. Governor to give notice of withdrawal from 

agreement. 

Unless otherwise provided in any statute withdrawing 

this State from participation in the agreement, the Gov- 

ernor shall be the officer to give notice of withdrawal 

g 8105. Applicability of other provisions of title. 

The other provisions of this title shall, to the extent that 

they are inconsistent with the Compact, be inapplicable 

to the registration of huses as the term is defined in the 

SUBCHAPTER B 

VEHICLE EQUIPMENT SAFETY COMPACT 

Sec. 

8111. Vehicle equipment safety compact enacted. 

8112. ~ ~ g i ~ findings. : ~ t i ~ ~ 

8113. Applicability of other provisions of title. 

8114. Statutory approval of commission rule, regulation 

or order. 

8115. Secretary of Transportation to be commissioner. 

8116. State employees retirement coverage for commissiol: 

employees. 

0117. Cooperation of State agencies with commission. 

8118. Document filings and notices under bylaws. 

8119. Submission of commission budgets. 

8120. Inspection of commission accounts by Auditor Genersl. 

8121. Governor as executive head. 

8122. Penalty for violation of compact.


8 8111. Vehicle equipment safety compact enacted. 

The Vehicle Equipment Safety Compact is hereby en- 

acted into law and enttred into with all other jurisdictioils 

legally joining therein in the form substantially as fol- 

lows: 

Article 1 

Findings and Purposes 

(a) The party states iind that: 

(1) Accidents and deaths on their streets and highways 

present a very serious human and economic problem with 

a major deleterious effect on the public welfare. 

(2) There is a vital need for the development of 

greater interjurisdictional cooperation to achieve the 

neressary uniformity ir the laws, rules, regulations and 

ccdes relating to vehicle equipment, and to accomplish this 

by such means as will minimize the time between the 

development of demonstrably and scientifically sound 

safely features and thcir incorporation into vehicles. 

(b) The purposes of this compact are to: 

(I) Promcte uniformity in regulation of and standards 

for equipment. 

(2) Secure uniformity of law and adniinistrative prac- 

tice in vehicular reeulatiml and related safety standards t? 

June 8, 

fix his d~ties and cbm66nsation. Such Executive Director 

shall serve at the pieasure of the conlmission, and together 

with the treasurer shall he bonded in such amount 

as the commission shall determine. The Executive Director 

also shall serve ~ as ~~ secretnrv. Ii -~ there ~~~ ~ he ~ nn ~.- ExecutiveDirector. 

the commiss~n~;hall elect a secretarv in 

addition to the other officers urovided hv this subdivision. 

(e) Irrespective of the civii service, personnel or other 

merit system laws of any of the party states, the Executive 

Director with the approval of the commission, or the 

commission if there he no Executive Director, shall appoint, 

remove or discharge such personnel as may be 

neressarv ~--~-~~~. 

for the ~erformancc of the commission's functions. 

a& shall fix the duties and comuensation of such 

persdnnel. 

(f) The commission may estahlish and maintain independently 

or jn conjunction with any one or more of 

thc party states, a suitable retirement system for its f~lll 

time emnlovres. Emolovees of the commission shall be 

~ ~ A ~ ~ ~ - " 

eligible for social sec;rit"y coverage in respect of old age 

and survivor's insurance Drovided that the commission 

permit incorporation of desirable equipment changes in1 

(c) E~is the intent of this compact to emphasize per-/ (g) The commission may harrow, accept or contract for 

formance requirements and not to determine the specific the services of personnel from any party state, the United 

detail of engineering in the manufacture of vrhicles or States, or any subd~vision or agency of the aforemenequipment 

except to the extent necessary for the meeting tioned governments, or from any agency of two or more 

of such performance requirements. 

of the party states or their subdivisions. 

(h) ,--, Thp .... rommission ..~-~~~ 

mav accent for anv of its nur- 

~~ 

Article I1 

noses and functions under {his co&nact anv-and all dbna- 

~ ~ 

iions. and grants of money, equipment. sufplies, materials, 

Definitions 

and 'services, conditional or-otherwise, from any state, 

the United States, or any othcr govcrnmcntal agency and 

As used in this compact: 

may receive, utilize, and dispose of the same. 

(a) "Vehicle" means every device in, upon or by which fi) The commission rnav establish and maintain such 

any person or [~ropcrty is or may he transported or drawn facilities as may he neceisary for the transacting of its 

upon a highway, excepting devices moved by human business. The commission may acquire, hold, and convey 

power or used exclusively upon stationary rails or tracks. real and personal property and any interest therein. 

(h) "State" means a state, territory or possession of the (j) The commission shall adopt bylaws for the conduct 

Unitrd States, the District of Columbia, or the Common- of its business and shall have the power to amend and 

wealth of Pu~rto Rico. 

rescind these hylaws. The commission shall publish its 

(c) "Equipment" means any part of a vehicle or any hylaws in convenient form and shall file a copy thereof 

accessory for use thereon which efcects the safety of and a copy of any amendment thzreto, with the approoperation 

of such vehicle or the safety of the occupants. priate agency or officer in each of the uartr states. The 

Article 111 

bylaws ihail provide for appropriate notice to the comn~issioners 

of all commission meetings and hearings and 

The Commission 

the business to be transacted at such meetings or hearings. 

Such notice shall also he given to such agencies or 

officers of each uartv . . state as the laws of such . nartv " state 

may provide. 

(k) The commission annually shall make the Governor 

and Legislature of each party state a report covering the 

activities of the commission ior the preceding year, and 

rmhndvine .... . .< --~" F. U C ~ recommendations as mav have heen is- 

~~ ~ ~~ ~ ~~ 

seed by the commission. The commission may make 

such additional reports as it may deem desirable. 

Article IV 

Research and Testing 

The commission shall have power to: 

(a) Collect, correlate, analyze and evaluate information 

resulting or derivable from rcsearch and testing activities 

in equipment and related fields. 

(h) Recommend and encourage the undertaking of research 

and testing in any aspect of equipment or related 

matters when, in its judgment, appropriate or sufficient 

research or testine has not been undertaken. 

(c) Contact for such equipment research and testing as 

oni or more governmental-agencies may agree to have 

contracted for by the commission: Provided, That such 

governmental agency or agencies shall make available 

the . funds necessarv --~ for such research and testine. 

~~ 

(d) Recommend-to the party states changes~g-law or

policy with emphasis on uniformity of laws and adminis- 

trative rules, regulations or codes which would promotc 

effective governmental action or coordination in the pre- 

vention of equipment-related highway accidents or the 

mitigation of equipment-related highway safety problems. 

LEGlSLATlVE JOURNALHOUSE 

party states. The total amount of appropriations under 

any such hudget shall be apportioned among the party 

stales as follows: one-third in cnual shares; and the 

remaiodcr in proportion to the number of motor vchicles 

registered in cach party state. In determinin~ the numher 

of such registrations, the commission may ern~loy 

Article V 

such source or sources of information as, in its judgment 

Vehicular Equipment 

prcsent the most equitable and a~curate comnarisons 

amonc thp narty states. Each of the commission's hudpets 

(a) In the interest of vehicular and public safety, the of ~stimated expenditures and rpqnests for apnropriations 

commission may study the need for or desirability of the shall indicate the source or sourcps ~rwd in obtaining inestablishment 

of or changes in performance requirements [ormation concerning vrhicular registrations. 

or restrictions for any item of equipment. As a rcsult of (c) The commiision shall not pl~dge the credit of any 

such study, the commission may publish a report relat- party state. The commission may meet any of its obliing 

to any item or items of equipment, and the issuance of riations in whole or in part with funds avcilnhle to it 

such a report shall be a condition precedent to any pro- lind~r Article I11 (h) of this compact: Providerl, That 

ceedings or other action provided or authorized by this the commission tnkcs specific action setting aside such 

Article. No less than sixty days after the publication of funds pryor to incurring any ohliqation to be met in 

a report containing the results of such study, the commis- whole or in part in such mznner. Except whrre thr comsion 

upon due notice shall hold a hearing or hearings at mission malzcs llse of funds ~vailnhle to it under Article 

such place or places as it may determine. 

IT1 (h) liercnf, the comminsion shall not inn~r any ohli- 

(b) Following the hearing or hearings provided for in cation ilrior to the allotment of funds by the party 

subdivision (a) of this Article, and with due regard for sl.ntPs adequate to meet the samc. 

standards recommended by appropriate professional and (d) The cornrniqsion shall keen accurate account< of all 

technical associations ancl agencies, the cnmmission may rcce;pts andi dishurs~mmt~. The rereints and disburseissue 

rules, regulations or codes embodyin? pcrformanrr mnnts of the commission shall he suhicct to the a~rriit 

requirements or restrictions for any item or items cf "n.1 accoi~niinp nroced~~res estahlishrd unrl~r its rirlrs. 

equipment covered in the report, which in the opinion of TIowev~r. all r~coiptq and dishrirsemenls of funds hanaled 

the commission will he fair and equitable and effectunle by the rnmmission shall he auditpd yearly by a ollalifi-d 

the purposcs of this compact. 

hiihlic accountant and the rcnort of the audit shall he 

(c) Each party state obligates itself to give due con- inrl~ldrcl in and becoine part of the annual reports of thz 

sideration to any and all rules, regulations and codes is- cornmis


committees and the organizations which the members 

represent in furthering any of its activities 

Article IX 

Entry Into Force and Withdrawal 

(a) This compact shall enter into force when enacted 

into law by any six nr mnre states. Thereafter, this 

compact shall hpcome effective as to any other state unon 

its Pnactment thereof 

all othernarty states. No withdrawal shall aff~ct anv 

liability already incurrcd by or charrpahle to a party 

state prior to the time of such withdrawal. 

Article X 

Construction and Sererahilitg 

June 8, 

S 8117. Cooneration of State znencies with commission. 

Within annrnpriations available therrfor. thp dpnart- 

~ents. asencips and officers of the government of this 

..~~.. . 

State may connerate with and assist the Vehirle Fm~;ntrarv 

to ihr ~onstit~~tion of n'ny stat" or of the United vent Safety Commission within the scone contemplated 

State., or the anplicahilitv thereof to nnv cnaernment. hy Article TIT (h) 0' thp cnmnrct. The d~part.m~nts. 

agency, persnn or cirrumstanre is held inwlid, the valirl'tv nnmrir- . 2nd nffirrr~ of th? envrrnm~nt of this Stnte are 

~ ~. . . - ~ ~ ~~ ~ ~ ,. 

of the remainder of thic compact and the applicability authorized generally to cooperate with said commission. 

thereof to any government, aoencv. prrcor or cirnirnstance 

shall not he affrct~d therebv. JP this cmmnact F, 8118. Document filings and notices under bylaws. 

shall be bcld contrarv to the constit~l+:on of an" state Filin? of domments as renllir~rl by Article TIT (i) of 

narticinatino herein. thr comnnrt shill rrmn;n in f~lll the romnact shall he with the Denartm~nt of Transforce 

and eff~rt 8.; to the remain;nc party states and in nortat~~n Any and all notires remlir-d hv rnmm:~4ion 

full forre and effcct as to the state affrcted as to all hvlnw- to ho given purs~rnnt to Article TIT (i) of the 

severable matters. 

mnmnlrt qhlll be iliven to the rommissioner of thic State 

or his alternate, if any 

6 8112. Leeislative findings. 

The General Assembly finds that: 

6 R110. Suhmisqinn of rnmmissinn bllclt?ets. 

(1) The prlhlic safety necessitates the c?ntin~~o:>s de- Pnrsnant to Article VT (a) of the cnmnart, the Vehir!~ 

velonment, mod~rniration and imnlementatinn nf stan- Equipment Safety Cnmmission shall submit its budgets 

dards 2nd reouirrments of law relatin- tl v-hi?IP ?n>lln- to the Department of Transport a t' >on. 

men+ in nccorrlance with e~mrrt knowlrr'fe and opinion. Q 0120. Inspection of commission accounts by Auditor 

(7) The puhl:c safety f~lrther refluired that snrh standards 

and reouir~ments h~ 11nifoi.m from i~~risdic+ion to 

General. 

jurisdiction except to the extpnt that sperifir and cnm- 

Pnrw~ant to Article VI (e) of the compact. the Auditor 

pelling evidence supnorts variation. 

General is herehy emnowered and authnrizcd to inspect 

(3) The Denartment of Transnortation, arting lipon 

the accounts of the V~hicle Eqnipment Safety Commisrecommendations 

of the Vrhicle F-nuipmrct Sn!~t!r Comslon. 

mission and p!lrsuant to the Vehicle Fquinrneni. Safetv F, 8121. Governor as rxeclitive head. 

Cnmpapt. providrs n iust. euuitnhln and orderly mrans of The term "exerutiv~ head" as rised in Article TX (b) of 

promoting the public safctv in the rn2nnrr and v~ithir the comnact shall, with referenc~ to this State, mean the 

the scope contemplated hy this suhchapter. 

Governor. 

F, 8113. Applicability of other nrovisi~rs of litle. 

Any other nrnvision of this titl~ ?hall rontin~r~ to h~ of 

force and effect only until s~inerseded hv a rule. requlatinn 

or codc adonted hv the Drnartrnpnt nf Tranrportntion 

prirquant to the Vehicle Enilinmrnt Safetv Compart. 

Anv snrh rille. regulation or rode shall sn~cify the nrovision 

or provisions of existing statute being s~rn~rsedrd 

in accordsnce with and as reanired hv this snhchmtrr. 

Anv such provision or provisions are herehv ren~al~d. effective 

on the date when the rule, regulation or cnde 411perseding 

such provision or provisions becomes effectivrz 

pursuant t? the Vehicle Equipment Saf~?,, Cnmpart. h>lt 

any violations ncc~irrine heforc the said date shall he 

prosecuted under the other provisions of this title. 

§ 0114. Statutory anproval of commission rule. reg~~lation 

or code. 

Pursuant to Article V (e) of the Vehicle Eq~~ipmmt 

Safety Comp-tct, it is the intention of the Genxal. Assembly 

and it is hereby nrovided that no rule. rpq~lation 

or rode issued by the Vehicle S~uinrne~t Safetv 

Commission in accordance with Article V of the compac' 

shall take efIect until approved by statute. 

8115. Secretary of Transportation to be commissioner. 

(a) General rule.-The commissioner of this State on 

the Vehicle Equipment Safety Commission shall be the 

Secretary of Transportation who shall serve during his 

continuance as the secretary. 

(h) Appointment and authority of alternate.-The commissioner 

of this State appointed pursuant to this section 

may designate an alternate from among the officers and 

employees of the denartment to serve in his place and 

strad on the Vehit'lc Equipment Safety Commission. 

S~ibiect to the provisions of the comnact and bylaws of 

the Vehicle Eouipment Safety Commission. the authority 

and responsibilities of such alternate shall be as determined 

by the commissioner designating such alternate. 

6 8116. State emplovees rctirement coverage for commission 

employees. 

The State Employees' Retirement Systpm may make an 

acre~ment with the Vehicle Eqiiipment Snfetv Cnmmission 

for the roverace of the commission's ~rnployees purslant 

to Article TIT (f) of !he romnact. Any such agreemmt. 

ns nearly as may he, shall nrovide for arrangem~nt.; 

similar to those nrrailable to the ~mnloyees of this 

Statc and shall hr srlhiect to amendment or termination 

in accordance with its terms.


LEGISLATIVE JOURNALHOUSE June 8. 

upon the effective date of this act as set forth in section re!itoration of operz~ting privilege) of Title 75 as added by 

8(a) of this act. 

this act shall tali? effect immediatcly. 

Section 4. Saving Provisiai~.---The provisions of Title (c) Removal of vehicles.-Section 3352 of Title 75 (re- 

75 of the Pennsylvania Consolidated Statutes as addcd !ating Lo rmi~val ci vehiclc by or at direction of police) 

by this act shall nr~t nff?ct cny act done, liability incurred, zs added by i,his act shall take eCfect immediately. 

or right accrued or vest.cd. or affect any suit or prosecu- (dl Tire studs.-Section ?525(c) of Title 75 (relating 

tion pending or to hc ins:itui.c


Agrcrnble to the proirisicns of the constitution, the 

jvns aa,! nay: ,,ir: rc toiiilri cn:! mc:c as fo1lt;ws: 

Abraham 

Andem. J. 

Arthum 

Barber 

Reilamllll 

Bennen 

Reren 

Bprlin 

B-on 

Bittle 

Ronetto 

Brandt 

Brumer 

nu- 

Butera 

Ca~uto 

Cesaar 

Cirmnl 

coha 

Cole 

Cowell 

Crawford 

rumberland 

De3edlo 

D^.,e,ter 

niDonato 

DombromLd 

Don 

Doyle 

Dreibelbh 

Dumas 

Engiehart 

F'awcctt 

Fee 

Fisher 

Flaherh 

Foster, A. 

Foster. W. 

Gallagher 

Garzia 

. r45-157 

77,~. 

Bradlw neesey 

DeWeese Gillesple 

Dicarlo Gillctte 

nierz Hayes. S. E. 

nin,4 FIop1:inl 

X:ckellsberger Ttkin 

Flscher Laudadfo 

Freind T,aughlin 

Fmer hlnnmlller 

Galien MrCiatch~ 

Gelaler McCue 

GQ0PL.c WrGinnil 

Giammarco MeIntyrr 

Gleenon MeLane 

Goodman M?"hOrn 

Green ~iianovici: 

Greiinlicld Millfi', M. Q:. 

GriPerl Miil??, M. &., 

C-nne ril>l;ir,m 

H:ilvennn MISCC.V~C~ 

Hamilton. J. 8. !r:ori~imann 

II~say Milorris 

Ilaskell Mrkonlc 

Iltlye~. D. S. Mullen, M.P. 

Hepford '.lu!lcn 

Rill 

Putchlnson. A. 

Hntchln~on. W. 

irvis 

Johnson. J. 

~atz 

K t A. P. 

Kelly, J. B. 

Kemick 

Kistler 

Kilngnman 

I(n.:pper 

ICoitr:r 

Kowsirjhyn 

Yu;;se 

F,aMarca 

Lederer 

hIperS 

Kovak 

Nnye 

0'B"en 

O'Connell 

c )'nolmi.il 

O'ICeefe 

O!iver 

Pnncoast 

P;,rk*r, H. 5. 

Perm 

Pctrar~a 

I'ievsky 

Pitts 

Prvtt 

Prendergast 

Pviea 

L.chr 

1,etterman 

l,evi 

Llneoln 

LO~UC 

Lynch 

3Tanderino 

NIcCall 

X'.'lpasort 

iiai'enstzhl 

Izr~nn~neer 

Rl,odes 

Kieger 

Ross 

Hugglero 

Ryan 

Mebas 

IXUStO 

Perry 

Polite 

Rrr:d 

Renwck 

Xittrr 

Sc!lweder 

Shnman 

NO'T VOTING-8 

Saloom 

Sdlvatoril 

SrhchK+~r 

Scnmitt 

sc1ncn 

Seltzer 

5har.e 

Sheli1nmc.r 

Sheitm 

Siriil:~ni 

Smdh, E. 

Srniih. L. 

Spc?.


JOSEPH TED DOYLE 

WILLIAM H. ECKENSBERGER, JR. 

D. MICHAEL FISHER 

(Commitlre on the part of the House of Representatives.) 

An Act amending the act of Auzust 9, 1955 (P. L. 323. 

No. 130), entitled "An act relating to colrnties of the 

third, fourth, fif!h, sixth, seventh and eighth classes; 

amcndin:, revlslng, consolidating 2nd chancing the 

laws relating thereto," providing for annual assess- 

ments for distrirt attorneys' associatinns and providing 

for a full time district attorney in rertain instances in 

third and fourth clzss corrnties. setting his salary and 

making repeals. 

The General Assemhly of the Commonwealth of pcnn- 

splvania hereby enacts as follows: 

Sectiqn 1. Spction 445, act of .4ugust 9, 1955 (P. L. 323, 

No. 1301, known as "The County Code," is amended by 

addins a subsection to read: 

Section 445. Anmial Assessments for County Commis- 

sioners, Etc.-* * * 

(a.1) In addition to the expenses hereinbefore anthoriz- 

ed, the necessary expenses of the association of district 

attorneys shall be apportioned amonif the holrl. 

ing membership in the association in amounts 

for by the rules and regulations of the association bllt 

shall not total per annum more than: 

(1) Three hundred dollars ($300) for any county the 

third class; 

(2) Two hundred fifty dollars ($250) for any county of 

the Fourth class; 

(3) Two hundr~d dollars ($200) for any county of the 

fifth class; 

(4) One hundred fifty dollars ($150) for an., county of 

the sixth class; 

(5: One hundred dollars ($100) for any county of the 

sevpnth class: or 

(6) Fifty dollars ($50) for any countv of the cj2hth 

class. 

* * * 

Section 2, The heading of 1401 of the act is 

amended and a subsection is added to read: 

Section 1401. District Attorney; Qualifications; Eligi- 

hilitv; Compensation.-* * * 

(g) The commissioners of any county of the third or 

fourth class may by ordinance fix the services of the dis- 

trict attorney at full time. Such determination may be 

made at any time, provided that the determination shall 

not he made between the first day for the circulation of 

nominating petitions for the office of district attorney and 

January of the subsequent Year. The president judge of 

the court of common pleas of the judicial district and the 

district attorney may make recommendations at any time 

to the county commissioners on the advisability of full- 

time service by the district attorney, but the same shall 

not be binding on them. 

When the determination by the county commissioners 

to require a full time district attorney becomes effective 

and operative, he shall be compensated at one thousand 

dollars ($1.000) lower than the compensation paid to a 

judge Of the Of pleas in the respective 

judicial district. It is the legislative intent that all provi- 

sions of this subsection requiring full-time service shall 

be unenforceable until such time as the accompanying 

salary provisions take effect. 

Once the determination for a full time district attorney 

is made, it shall not thereafter be changed except by 

referendum of the electorate of the said county. Such 

referendum may be instituted by the county commission- 

ers or on petition by five per cent of the electors voting 

for the office of Governor in the last gubfrnatorial gen- 

eral election. Such referendum may be held at any elec- 

tion preceding the year in which the district attorney 

shall be elected. Such district attorney shall devote full 

time to the office. The district attorney while in office, 

shall not derive any other income as a result of the 

necessary legal education and background, from any 

source including but not limited to income derived from 

legal publications or other publications dealing with mat- 

ters related to the office of district attorney, lectures. 

honorariums, profit shares or divisions of income from 

any firm with which the district attorney was associated 

prior to election. This limitation shall not be construed, 

however, to preclude payment of fees earned for legal 

work done prior to, but not concluded until after his 

election as district attorney. In addition the district attorney 

shall not engage in any private practice and must 

be completely disassociated with any firm with which 

the district attorney was affiliated prior election, nor 

shall the district attorney-elect accept any civil or criminal 

cases after being elected to the office, Furthermore 

the, district attorney shall be subject to the canons oj 

ethics as zpplied to judges in the courts of common pleas 

of this commonwealth in so far as such canons apply to 

salaries, full-time duties and conflicts of interest. 

Any complaint by a citizen .of the county that a full 

time district attorney may be in violation of this section 

shall be made to the Disciplinary Board of the Supreme 

Court of Pennsylvania, for determination as to the merit 

of the complaint. If any substantive basis is found, the 

hoard shall proceed forthwith in the manner prescribed 

by the rules of the Supreme Court and make such recommendation 

for disciplinary action as it deems advisable, 

P~~vided, however, that if the Supreme Court deqms the 

vlolatlon so grave as to warrant removal from offlce, the 

prothonotary of the said court shall transmit its findings 

to the Speaker of the House of Representatives for such 

action as the House deems advisable under Article VI of 

the Constitution of the Commonwealth of Pennsylvania. 

Where no such determination to require a full time 

district attorney is made, the district attorney shall be 

permitted to have an outside practice, and his salary 

shall be as set forth m the act of November 1, 1971 (P. L. 

495. lI3). 

Section 3. (a) Section 5 of the act of November 1, 1971 

(P. L. 495, No. 113), entitled "An act providing for the 

compensation of county officers in counties of the second 

through eighth classes, for the disposition of fees, for 

filing of bonds in certain cases and for duties of certain 

Officers," is repealed in so far as inconsistent with the 

provisions of this act. 

(b) Any other act or part of an act inconsistent with 

the provislons of this act are repealed to the extent of the 

~nconsistency. 

Seclioll 4. This act shall take effect immediately. 


will the House adopt the Report of the Committee of 

Conference? 


leader. 

Mr. IRVIS. Mr. Speaker, on the question of whether 

Or "Ot the House should adopt the Committee Of Con- 

ference Report on Senate bill No. 572, printer's No. 1932, 

I ask that the House do adopt it. 


Will the House adopt the report of the Committee of 

~~~f~~~~~~~ 


and nays were taken and were as 

YEAS-177 

Abraham Gnllpn ~cnirtcilv Saloorn 

:gE: 

J. Gar*a '~"CI,~ 5,alViltore 

Geese7 MoC;inn!a Sche~PIer 

i:.,islrr Mrlntv re Sehmltt 

Rcllo,ninl rmorxr 3rc1,ane S~idca 

~,,,,+t riinm~arro enh horn Seltzer 

~ : r r ~ r.i~lptte Milannrich Shelhamer 

RFr!in ~le-son Miller n1 L. shelton 

R""on Grrodman 1 1 E 1 . Shupnlk 

R'ttl" Grren hlllliron slrlanni 

~ ~ , ~ ! ~ ~ 

:;-ee!nr!~ld M~PCPYIPI~ Smlth. E. 

Gr'reo UTnchlinmn Smith. L. 

trine hrnrris spencer 

B , firmilton. J. H. nlrlionir Ptahl 

mrnr Samnock ~ullen sta~leton 

Butera Haskcll Mullen. M. P, stout


Camto 

Cessar 

Cianciulli 

~Iayes. D. S. 

'J,,pford 

,I., 

~nsto 

Vy~n 

*,"... d . ,. - 

~i,zi(mio 

Thoinns 

To:! 

Ciminl 

Cnhen 

Cole 

Cowell 

vrnwrorct 

OaYlPS 

OeMrdio 

DeWeese 

nirallo 

DlUonatY 

Dininni 

DornbrolasLl 

IIo!,kinr Nlyr 

i!lltrhinson. A. pc-- i'ir;.si-y 

I(rit.-r -, l .,IS . 

'Prrlin 

Tiilrir 

iih?inoshl 

Vsllce~t~ 

\'moi: 

W"1"h. T r 

Wansacz 

wargo 

Krp!!n-i 

%'heIan 

Wigglns 

Williams 

DO- 

Doyle 

3reibdbi. 

Dumas 

Ecke~mberger 

i':nziehan 

"IWCP~ 

Kow;iiylhpn 

Kusse 

L xi"irra 

1,aurinriio 

Lau~hlin 

I.*:~cI er 

l.cl~r 

Po1:ti. 

Platt 

Fr~.n:ier.past 

&,?IPS 

na~iisiiort 

:t:, .r.m~tah~ 

~crd 

wilson 

Wilt. w. W 

wojdai 

Worr.1i.a 

Wright 

~oiin 

Zearforr 

~.r 

L.;sher 

Finhem 

Poster. W. 

~r'iirrman 

Linroin 

Lome 

1 .+mch 

RI nninger 

Rholrs 

R,c!l~rdson 

Rirgl'r 

Zelier 

Zord 

Zaikl 

Frdnd lllntjrrilo ROSS Flnemnn. 

F ~ ~ 

C:nlia#hher 

F ~ h ~ 

McCall 

~ ~ rixlgKicro ~ i 

Byan 

l ~ ~ ~ ~ 

associations, PROVIDING FOR A FULL TIME DISTRICT 

ATTORNEY IN CERTAIN INSTANCES, SETTING HIS 

SALARY AND MAKING REPEALS!' 

respectfully submit the following bill as our report: 

AUSTIN J. MURPHY 

JAMES E. ROSS 

JOHN STAUFFER 

(Committee on the part of the Senate.) 

JOSEPHTEDDOYLE 

WILLIAM H. ECKENSBERGER, JR. 

D. MICHAEL FISHER 

(Committee on the pat of the House of Representatives.) 

An Act amending the act of July 28, 1953 (P. L. 723, No. 

230), entitled, as amended, "An act relating to countles 

of the second class and second class A; amending, re- 

vising, consolidating and changing the laws relating 

thereto," providing for annual assessments for district 

attorneys' associations, providing for a full time district 

attorney in certain instances, setting his salary and 

making repeals. 

The General Assembly of the Commonwealth of Penn- 

NAYS-I9 

sylvania hereby enacts as follows: 

r-mbe-land ~illennfc 1-i-mick Shuman 

Section 1. Section 437, act of July 28. 1953 (P. L. z23, 

i)rverter H..!: :.riun l,ei-i ~aylor No. 230), known as the "Second Class County Code, 1s 

nietz !T:~S;~ o)R-P~~ ~~~t~~h:~;e amended by adding a subsection to read: 

~ischrr H?ges, S. w Rvnwick villt. R. 'N. Section 437. Annual Assessments for County Commis- 

Fester. A I+!c!n Ritter 

sioners, Etc.-* * * 

NOT VOTING-7 

(a.1) In addition to the expenses hereinbefore authorized, 

the necessary expenzes of the association of district 

Gleason .wr i,,,: ..,, ..ane Ylhncr attorneys shall be apportioned among the counties hold- 

?i?c~raw ti-t,? .+l..r 'brig.: r 

ing membership in the association in amounts provided 

for by the rules and regulations of the association but 

The majority required by the constitution having vot- shall not total per annum more than four hundred doled 

in the affirmative, the question was determined in the lars ($400) for counties of the second class or second 

class A. 

affirmative and the report of the Committee of Con- * * * 

ference was adopted. 

Section 2. The heading of section 1401 of the act is 

Ordered, That the clerk inform the Senate accordingly. amended and a subsection is added to read: 

Section 1401. District Attorney; Qualifications; Eligibility; 

Compensation.-* * * 

QUESTION O? SERSr)N.4 r, ?I:TVlr.EC-k: (d) The commissioners of any county of the second 


class or second class A may by ordinance fix the services 

The Chair recognizes the gentleman of the district attorney at full ,time. Such determination 

from Clearfield, Mr. George. For what purpose does the may he made at any time, provlded that the determinailon 


shall not be made between the first day for the circula- 

M~, GEORGE, I rise to a question of personal privilege, tion of nominating petitions for the office of district 

attorney and January of the subsequent year. The presi- 


dent judge of the court of common pleas of the judicial 

Mr. GEORGE. Mr. Speaker, on the previous vote on district and the district attorney may make recommendathe 

Conference Report on Senate hill No. 572, I reflected tions at any time to the county commissioners on the 

my vote in error. I would like to be voted in the nega- advisability of full-time service by the district attorney, 

tive. 

but the same shall not be binding on them. 

When the determination by the county commissioners 

The SPEAKER. The gentlemanPs remarks be not- to require a full-time district attorney becomes effective 

ed for the record. 

and operative, he shall be compensated at one thousand 

dollars ($1,000) lower than the compensation paid to a 

judge of the court of common pleas in the respective 

REPW'P CF CCo?,71:?TFTFR OF GOUVERENCE judicial district. It is the legislative intent that all provi-. 

ON SENATE R7T.L NO. ,773 

sions of this subsection requiring full-time service shall 

he unenforceable until such time as the accompanying 

Mr. IRVIS called up the following report of the corn- salary provisions take effect. 

mittee of Conference on Senate bill No. 573, which was Once the determination for a full time district attorney 

read: 

1s made, it shall not thereafter be changed except by 

referendum of the electorate of the said county. Such 

To the Members of the senate and H~~~~ of R ~ referendum ~ may ~ be instituted ~ by the ~ county ~ commis- ~ ~ 

tives: 

sioners or on petition by five per cent of the electors 

voting for the office of Governor in the last gubernatorial 

We, the undersigned, Committee of Conference on the general election. Such referendum may be held at any 

part of the Senate and House of R6presentatives for the election preceding the year in which the distrlct attorney 

purpose of considering SenateBill No. 573, entitled: shall be elected. Such district attorney shall devote full 

time to the office. The district attorney while in office, 

"An act qmending the act of July 28, 1953. (P. L. 723, No. shall not derive any other income as a result of the neces- 

230), entitled, as amended, 'An act relat~ng to counties sary legal education and background, from any source 

of the second class and second class A; amending, revising, including but not limited to income derived from legal 

consolidating and changing the laws relating thereto,' publications or other publications dealing with matters 

provldlng for annual assessments for district attorneys' related to the office of district attorney, lectures, honorar-

5244 LEGISLATIVE JOURNAL--HOUSE June 8, 

I 

iums, profit shares or divisions of income from any firm TWut0 Hill :iovak 'taddonlo 

with which the district attorney was associated prior to "esap Hopkins ~oyc Thomas 

~utch!nrion. A. ~ ' ~ n e n election. This limitation shall not be construed, however, 

Toll 

~&;~~"' Hutchmaan. W. O'Connel! Trellr 

to preclude payment of fees earned for legal work done 

11~1s O'Donnel. Turner 

prior to, but not concluded until after his election as dis- "01. 1tk111 Oltrer t!et)nosk$ 

trict attorney. In addition the district attorney shall not coweu .rohn.on. J. Pancoast Valicentl 

engage in any private practice and must be completely Craralmd Katz Parker. H. S. Vroon 

disassociated with any firm with which the district attor- Qavfa Kelly, A. P. Pcrrl wamcr 

ney was affiliated prior to election, nor shall the district :?:$ Kelly, J. B. Pwrp ui&li. T 1'. 

attorney-elect accept any civil or criminal cases after 

Kistler Pi.tr;i:m wan sac.^ 

being elected to the office. Furthermore, the district at- ~~~~$t, 

i(lin~em~ Pievsky W~140 

iCnep~cr iz'itts 

U'ddner 

torney shall be suhject to the canons of ethics as applied ni,l,,, 

Kolter Pol~te 1Vr.sfe~herp 

to judges in the courts of common pleas of this Common- Uorn!rroanu KOW~I~~I,~,, Fran wneian 

wealth in so far as such canons apply to salaries, full-time Dorr Kusa- Prcndel~ilst wiggins 

duties and conflicts of interest. 

loyle l..i>laree Pyles wihn 

Any ,complaint by a citizen of the county that a full- ""belbl. ~.;.udadio Reppaport wojenx 

time dlstrlct attorney may he m violation of this section Dumas Laughlln !iavewtahl wor7linh. 

Lellerel' HIY.~ wr~lcht 

shall be made to the Disciplinary Board of the Supreme F,"Bz",*"' Lehr r{l.nnlnper Yolln 

Court of Pennsylvania, for determination as to the merit 

1.ette-a" Rliodes Zcarlou~ 

of the complaint. If any substantive basis is found,, the F,. ~.vnro~n Richardson 7,~ilr~ 

board shall proceed forthwith in the manner prescribed Fisher r.ogue meger zord 

by the rules of the Supreme Court and make such recom- Flahe ~ynch ROSS Zwlkl 

mendation for disciplinary action as it deems advisable, Fn~ter. A. Manderino Hugz;rro 

"OSter. provided, however, that if the Supreme Court deems the w. Manmllirr Ryan ~inernnn, 

violation so grave as to warrant removal from office, the 

MrCall %aloem sreaker 

MrCletrhp Salxmforc 

prothonotary of the said court shall transmit its findings 

to the Speaker of the House of Representatives for such 

action as the House deems advisable under Article VI of 

NAYS-20 

the Constitution of the Commonwealth of Pennsylvania. c~~~~~~~~ George Kernirk Rltt~r 

Where no such determination to require a full-time ~,,.n., Glllesple 1,rui Shurnan 

district attorney is made, the district attorney shall be Dtar tialvel~on MFCU~ Tarlor 

permitted to have an outside practice, and his salary shall riseher Hnsny O'Ycefe Wllt. R. w-. 

be as set forth in the act of November 1, 1971 (P. L. 495, Fryer H-yes. S. E. ~rnwick Wilt, W. \v. 

No. 113). 

Section 3. (a) Section 5 of the act of November 1, 1971 

NOT VOTING--6 

(P. L. 495, No. 113), entitled "An act providing for the 

compensation of county officers in counties of the second G'easo" ~ccram ',x'illta>n. ~shncrthrough 

eighth classes, for the disposition of fees, for 

Myera 

filing of bonds in certain cases and for duties of certain 

officers," is repealed in so far as inconsistent with the . ~ h majority , required by the constitution having voted 

provisions of this act. 

m the affirmative, the question was determined in the 

(b) Any other act or part of an act inconsistent with affirmative and the report of the Committee of Conference 

the provisions of this act are repealed to the extent of the was adopted. 

inconsistency. 

Section 4. This act shall take effect immediately. Ordered, That the clerk inform the Senate accordingly. 


Will the House adopt the Report of the Committee of CONSTDERATION OF HOUSE RII,T, Nn. 1570 

Conference? RESIJMED 


leader. 

The Chair recognizes the majority The House resumed consideration of House bill No. 

1570, printer's No. 3295, entitled: 

Mr. IRVIS. Mr. Speaker, on the question of whether An Act restricting the rights of n landlord to evict in 

or not the House should adopt the Report of the Commit- retnl'ati,~n i~>r actions by a Lm~ut; providing for certain 

tee of Conference on senate bill N ~ 573, , printer,s N~. civil action:; and injunctive relief and establishing certain 

hnrdrns to bc met by the landlord. 

1944. I ask that the House do adopt the report. 


Will the House adopt the Report of the Committee of 

Conference? 



Abrdam Gallen MrClnnl8 Seheaff~r 

Anderson. I. H. Gar*. Vrfntyn Schm!n 

~ r t h ~ m r-errev McLane ~ . -. - . . . 

- ~ ~ ~ Schareder - ~ 

rrnrber Gei~ier Mebus Sclrlca 

RellominJ GlarlmlVEO Menhorn Seltzer 

Bennett Gl11ette Milanovleh Shane 

Brren 

Gblesm 37iller, M. E. Shelhamer 

Bedin 

Goodman Miller, M. E., Ji-. Shelton 

Eemn Green 

Milliron Shupnik 

Rlttle 

Greenfield Mlseevieh Slriannl 

firnetto Gtieco Moehlmann Smith. E. 

Bradley Gllng 

Morris Smith. L. 

Brnndt Hnrnlltan. J. Mrkonle S~encer 

Bmnner Hmkell Mullen, M. P. Stshl 

Bum 

Hayes. D. S. Mullen Ftaplctur 

Butera Wepfororl M~Lst0 

S+Axt 


Wiil the House agme to the hill as amended on third 

Mr. FREIND reqursted and chtajned unanimous con- 

sent to offer the lc.Ilowing amendments, which were read: 

I :,"A in


~~- ~ 

lcasc ;is a reprisal again;$ a tenant lodging a complaint allernativr- hou';inr, for him or bcczuse it w:>uld just cost 

against tne hlndlord. 

him too much to move. We are trying to help that tenant. 

Thc hill prvvides that the tenant may rue in court for An hoilorsble landlord-and 90 percent of them arec::images 

and injunctive relief. However, tile bill as it pro,-idr. thu servicps th~t ht. can, considering the rent. 

st:mcls now st;.?i.; that once the tenant sues or makes an Thtre arc others, aided and ailctted by lour tax system, 

allegation, the burden of proof is cn the landlord to prove wh:, wan1 to do nothing hut milk properties, and they 

that such termination was not as a reprisal. What it, in ni;l!< them. 

fact, docs is to make the landlord guilty until proven 

PiTiNl' OF ORDER 

innocent. It places the landlord in the position of prov- 

;ng a negative, is totally foreign to our system Tt' SPE'AKElt. T~IF Chair recagnizcs the gentleman 

nf - - ln~ri . . . 

frcm Dellware, Mr. Fr~lod. 1,'or what purpose does the 

I Ice1 that this amendment which merely shifts the 

::c,ntleman rise'! 

I;nrden of i~roof to where it belongs, on the part of the Mr. FHEISD. I rist. :;. a p?il;t of order. 

individual m:lking the alhgation, in this case, the tenant, The SI'E.\ICER. The gcn'leman will state it. 

ref!ccts \",,hat I fed is a necessary balanre between the Mr. FREIND, J rcspcctfully sullmit that my colleague, 

rights of the tenant ::nd the rights of the landlord. I Mr. Rannouort. .. . . is no: dircussinr the amendment but is 

think it is important to always remember that the landlord:< 

also tin;,^. rights. Therulore, I would urge the adnpc!iscussing 

the bill. 

The -- SPEAKER. The Chair thinks the sentleman is in 

!.itin ~~.~~ nf - this .~~~- 

amendment. 

~ ~ ~ ~ - ~~ ~ - ~ ~ ~ - - ~ ~ .;~.der, The gcnt1cnx;n may proceed. 

il;s ;;ction is not in retaliation. 

I wiu!cI :;try 11, thp mcnibcrs aE this House of Rcprc- 

??ntntiv- enaclcd it into law. Of those 27 states, 

lii of thsse st:itcs rcqulrc that the burden of proof be 

placed on the landlord. Otherwise, no judge or court 

could ever get to the merits of the case. 

hlr. Spcakcr, I would osk that we oppose the amend- 

mcnl of1erc:il by the gcntieman. I am sure that he feels 

that it is rcqu;red, in his opinion. However, I respect- 

fully suggcsl to the mcmbcrs oi this Housu that I differ 

with his opinion. 

At this time, Mr. Speaker, if it is in order, I would 

iikw to yi,:ld to Mr. Rappaport. 

?Tr. RAP PAP OR^^. Th;lnk you, Mr. Speaker. 

T!lr SPEAKER. 'I'11e Chair recognizes the gentleman / ; riiese tpnants, the on*!; vie are trying ta protect, are 

~ - 

from Mcrcvr, Mr. Bennett. 

~IIE ens whti have ti. cin~pl;iin to the city ufficinls and 

hl;.. BKMNETT. Mr. Sgeakcr, we have been up at this township cfficiiils and !>,>ri;ugh officials about code violamicrophone 

now several times on House hill No. 1570 and tions. Thcg do not hale thc chijirc i,f siiying to the land- 

House bill No. 1571. At this point, in the long and ardu- iorci. weil. ii yoil do not fix up my apartment, the heck 

ous trip :hat these inw lliils have had, I rise to oppose with you, I will move. They have to stay where they are. 

t!~: 2mcndni~nt.i offei-erl by my colleague, Mr. Freind. Then, if the water does not work or the heater breaks 

\5'hai the gcntleman is asking this body to do is to accept down and they complain to the proper building official 

an ~mendmtnt requiring, as he indicates, that the bur- and they come out and inspect and they issue a violation 

den of proof be placed on the tenant. Mr. Speaker, logi- notice, the landlord says. the heck with this, 1 am going to 

cally it does not belong there. Logically, the landlord, the gc: rid oi that tro~,hlrmakcr of ;: tenant, and the landslurn 

landlord, is the an? who is in possession of the lord serves notice. 

facts. The landlord Snows why he wants to terminate The tenant is illLerluippcd to conlc into court. He is 

thti lease. HI, would be the logical person to present the Ircqucntly unreprescntc~d and is fncud with a landlord 

~~c.;i'nc,nl iniurlnation mid hti should be able to show why wlio h3s all ihc econbmic puwcr an his side. U7e are trying 

to re2rt.s~ that halance to some small degree. 

Tiiis is a i7cr;. subtle am::ncimint. If, is an amendment 

thllt will gut this bill and Lill it; it is an amendment 

ihat I wriuld have expected tc cilmc. This amendment 

must 13" defrated if wc are to protcct the rights and the 

lving standards a112 what little t ! pocr ~ pzople have 

whom we purport to represent. R'11.. Spcnkrr, I urge 

the ~~~ ~ defeat of this amendmunt. 

The SPEAKER. The Chitir rccugnizes thc gentleman 

frrm Delaware, Mr. Freind. 

Mr. Fi-UEIND. 10. Spcaic.er, I was under thc impression 

that this bill relot~d to ail i:in


June 8, 

I thinlc my rmrndmcnt. Mr. Speaker, I repeat, prcsents 

a desircblo balancc Lr,twcen thc rights of the tenant 

very irresponsible, I r-pent, and I am ma!ring this clear 

.^or lie ri.ci:rcl .., ihc ju5gcs will iniik ~1.t th's, because they 

and the rights of thc llindlord. Tenants have rights, but will iell yi~u w:i;ii :-nu have done in solr!e cases, because 

so do landlords, and all this amendment would do would I think tile will of the House may very we11 be not to 

he to piace in the h;.nds of thc tenant the burden of accept this amcndmenl. Eut I strongly urgc you to accept 

proof. In every athcr piece of our judicial system, t!le it. I thinlr this worlld l~c in the best intprest of both the 

burden (if proof is 611 the individuril maliing the allcga- tcnorrt!; and thc l;!ndlords, brcausr if ycu do not have 

tions. It should be no different in this piece of legislation., l : . l l!lc trnants 2:s not going to have any place 

Ti:- SP!?,,\>;i3It. D::;-s the gcnilcman, Mr. Shane, de- 1 t live. Ycu are just driving anothr,r wedge in private 

housing. If you really want to get into public housing, 

sire to bs rccugnized? 

t!i.'s ,r PI?,? wry trr get thcre and I think it is not very 

Mr. SHA1YE. ! > ic::!. Mr. .Speaker. 

hlr. Speaker, I r s f l y ~'equest your s1:pport of 

Very briefly, the argument presented by my good , t!~is nmrndmiut which i can nsinre you is quite sound 

IrLcnd iium Dciawaru i:oun:y Is of a piece. Ycs, the laws and quite fair to all portirs involved. 

:~gninst murder itppiy to :.vcrj.:,nc equally in this Comm,,nwraltli. 

Only vi.rv f?\v peuple, thank God, have to The SPE.'IKCR. The Ciair r?cogniics the gcntlcman 

worry about that. I forget who said it. but it is equally . . 

from Indiana, Mr. Shnne. 

forbidden lo t!>u rich and to the poor to slcrp underneath j Mi. SH!lf:C. IT,-. Sp?:lrcr, I hnvf not had thc extensive 

the bridgus of Paris. trial expcriencc cf the gentlcmnn from Bucks County 

t i ; 1 is ohvious!y dc4gned to prutcci those who nor have I had the extensive experience as an accuser of 

cannot protci.l, thclnsi,lv~,s. 'l'ht~t is what our society is thr gr'ntlcmal from Delnwarc Count:,, hut I, neverthenil 

al~oiit, i lr;,sc pcnplc who can protect thcmselves do less. hare sonc terhnicnl points I would li!~ to make 

not need oi~r help. 

on this amendment which I consider seriously imbalanced. 

The g;rntl:-mm~ w :.~ cu: a meml~rr of this IIause when pjrst, tilE landlord to come forward with 

we p;issed the mrrl.t!i;~:c-interest 1~1w last session, wherein scme evjdEncr justiiying the cvir.on, the landlord is 

we uxrmptcd all tran.;zctions over $50,000 from the usury not inconvenienced at ~h~~~ can be a lot of 

1au.s. \ c felt that ilnyrine who can afi'ord to borrow lcgitim;,tr. for. evictil,g a tenant-higher costs, 

$50,000-and get somebody to lend it to him-does not 1 ta,~,~, n~giigcnii: by thr tr,nant, destrqying the property, 

need the pr~~ieclion of the usury laws. I would suggest! m:lirinr: I(.


prcrn? Court decision that says all these burdens of proof Devefi- 

Diet2 

in crinlin:!l m3tters are on the prosecution. Some of those 

burdens arc: ncgati, t. For example, if a dcfendnnt raises Dorr 

Doyle 

tile cntl-:;p~n~~nt i:.sui, it is up t3 the prosecution now, Dre,belb,, 

under the ri~oil;. Pennsylva~lia ca:;es, to prove no en- Fawcetr 

tr.til?m?il!.. That is a negative burden of proof. Under the ~~~~~~ recent Pennsylvania Supreme Court decision, also, if the FOS~=~.A. 

deic:~dani r;isus insanity, it is now-in contrast to prior Foster.w. 

heind 

ijrzcticr-ini~l~ni>eiil ii~oii the prosecution to prove no F,., 

insanity, a negative burden of proof. 

Gallen 

Gereey 

'i'h;oly, in thc civil area, when we sue a doctor for ~~~d~~ 

Kelly. J. B. 

Kern~ck 

Kirtler 

mineaman 

Knepprr 

Kowaljshyn 

Kusse 

LaMama 

Lehr 

Levi 

Lynch 

Marlrniiler 

ntcciatcny 

MrCue 

.McGinnts 

hipbus 

Polite 

I'rmdergast 

Pylcs 

!iavcn;.tai~l 

nenn~nner 

HuggJeru 

Ryan 

Sa!vatore 

ScheaHrr 

schweder 

Sc~Tlra 

Seltzer 

31icihnnier 

shuman 

SiTlan~i 

smith. E. 

Wcnraer 

Weldner 

Westerbe,; 

whelarl 

\ViIson 

. \+ut, ... 13. W. 

wilt, W. W. 

WoTrllow 

Wfipht 

Yohn 

Zcal-fo~r 

Zrilrr 

Zord 

I-ineman. 

S~~"!:~., 

malpractice and we allege that there is a sponge inside the 

pnt:eiit's :,t(,mavh, it is up to the defendant, the doctor 

NAYS--84 

in that case, to prove no negligence-a negative burden ~rthun :':aherty 

of proof. 

Barber Gallagher 

rellombl Garma 

111 view of the clear evidence of negative burdens of Bennett Grisier 

prooi ill our law, in view of the fact that it is pretty hard zz:tn George 

G~arnrnarco 

r t L : t I igure out what is going on inside a land- ~,,,tt, i;lllespie 

lord's head, it is pretty hard to figure out his motives for BIVn"er Gillette 

Caputo G!eeson 

cv:ctii:n, and I feel th3t this nmendment is really quite ,-i:33ci,,ll~ Green 

unfair and unjust. I feel that there is nothing wrong Cohen GreenReld 

Cole Flarnrn~ek 

with requiring a landlord to at least state some sub- cowell l~ut~hinson. A. 

st~iitlol .?.:;un for evicting a tenant and that it is not Deweese IM9 

rc:~ilj l'.,.pr.r or fair icr a landlord to get away with 

Itkln 

J~hnson, J. 

riri~tin:: 3 trnanl simply because thc tenant reported 13urnbrowskI Kel1y.A.P. 

sulne h,,i~sing code vio1:itir;n tr, the appropriate authori- 

Kolter 

~~~~sberger 

lvs, ~c,i,!tir.i; hi; remedy under the law just like any other Englehart Laughlin 

cit,ix.cn. Alld lor these reasons I urge a "no" vote on 

Lederer 

I.etterrnan 

Lfnroln 

Logue 

~Mnndrrino 

McCall 

Mrlntyrc 

McLane 

,wenhorn 

Mllanov~eh 

hlill~ron 

&liscevtch 

Morris 

&fullen. >I. P. 

~Mulln: 

Must0 

Myers 

Novak 

Petrarca Oliver 

Ptevsky 

Pratt 

~(appapon 

Reed 

Xmwick 

Rhodes 

Richardson 

nicger 

Rftter 

Ross 

Saioolii 

Schrnltt 

Shane 

Shelton 

Shunnik 

Stout 

Toll 

Valieentt 

Wargu 

wiegiili 

Williams 

Woldak 

Zu,lkl 

:11:'; ~~mcnclmcnt. 

NOT VOTin'G--5 

Tile SPEAl

Thc SPEAKEIZ. The Chair recognizes the gentleman, 

Mr. Bennett. 

Mr. BENNE'TT. Mr. Spcalicl, we Lrccept Mr. Wagner's 

:hmendment as agreed tr,. 

,rhf SPEAKER. par wi,;lt purpose does tbL, 

iron, Delaware, Mr. Yreind, rise? 

Mr. YIELD. Tu oppose thc amendment. 

The SPEAKER. The gelltlern;m, Mr. Freind, desires to 


The SPEAIZELt. Will the gentleman, Mr. Wagner, yield have a roll-call vote on tiie amendment offered by the 

for a nlonlent? 

1\,Ir. WAGNER. Yes. 

gentlenl;in, Mr. Wagner, and he opposes the amendment. 

I The Chair recognizes the majority leader. 


from Mercer. Mr. Bennett. 

Mr. BENNETT. Mr. Speakcr, if the gentleman is suc- 

Mr. 1RVlS. Mr. Spcakcr, I ask that the members on 

tbis side of tli? aisle vote in the affirmative for the amendmcnt. 

cessful in having hi:; amendment 2dopted, it would ap- On thc question recurring, 

pear to me on ihc surface that he would wipe out the Will the House agree to the amendments? 

prcvious amendment that was just adopted. Will the 

gentleman disagree or agree with that statement? 

The yeas and nays were required by Messrs. WAGNER 

and BENNETT and were as follows: 

Mr. WAGNEK. Well. we would wine the whole naragraph, 

everything dealkg with injunciive relief and court / YEAS-133 

procedures. 

brah ham Gallagher Manderlno Ross 

Mr. BENNETT. It would then reverse the decision of 

Gams McCall Ruggiero 

~~~~~ Geisler Melntyre salmm 

this Ilouse who just voted in the previous amendment? B ~ ~ I ~ - George MeLane Schrnitf 

It would wipe that amendment out? Am I correct? Bennett Gianunarco Menhorn SchWeder 

Berlin Giliesple Milanovlch Shlne 

Mr. WAGNER. No, it wculd not. 

RII~SOD Gillette Miller. M. E. Shelton 

nonetto Gleeson Miller, M. E.. Jr. Shupmk 

Mr. BENKETT. Well, it is my inter.pretation that it ~ ~ ~ Goodman d l ~ Mllilron ~ Smlth. E. 

would, but you can proceed. 

BIUM~~ 

Spencer 

Bums 

SULPlrtrn 

Mr. WAGNER. Okay. Thank you. 

Caputa 

stout 

Cianeiullt 

Tsddorilo 

At any mi?, my amendment would keep the first part conen 

~ ~ - ~ Taylor ~ - ~ 

of the hill in which would prohibit retaliatory evictions, Cole 

Hayes. D. S. Musto Toll 

Cuwell 

but it would strikc thc last part of the bill which deals 

Hepford Myers Rello 

Crawford Hutchinson. A. Novak Turner 

with ~.ivil actions, burdens of proof, injunctive relief, DeMedla Irris O'Bne~l Vallcentl 

and so on, punitive actions. 

Deverter 

Wagner 

DeWeese 

Walsh. T. P. 

I do not 1,:now why :inytime wc want to prohibit any- 

Wenaacz 

F$:Gt0 

W-argo 

th,n~ of ii civil i!nt~irc wc have to penalize everybody, ~t,u 

Weidner 

pen:~Iize puoplc who :Ire trying to follow the laws, allow 1 Domb'omm 

Whelan 

Wiggins 

the ccurts to cume in arrd nward injunctive relief. Doyle 

Willlams 

The te:lant is protected by just saying you shall not i Dreibelbin 

Wllt, R. W. 

I Dumas 

Wojdak 

evict a te:i;lnt if he exorcises certain rights. If he is go- ~ ~ k ~ ~ WWht ~ 

ing to complain ahout the nrincnforcement or the non- Englehart 

zwIk1 

Fee 

compliance with building codrs, the tenant is protected. Fla,,erty Letterman ~lleharnion 

If it is the filth m,.nth of a 1%-month lease and thc land- F0sfer.A. Llneoin Rirgcr 

1,;:-d says, I do not lilrc you complaining about it; you 

Logue Ritter 

b 

&re out, all he has to do is say, I am sorry, I am staying 

NAYS-64 

here. And what does the landlord do? He may not force- Anderson, J. B, Geesey MeCIatchy 

ably evict the pcrsmn; he may not srnd the sheriff there. Beren Grieco McCue 

Grlng M~Glnnl~ 

IIc would havc td sinrt cvictian proceedings. So hc is ;:itdt Hallultun. J. H. Mebus 

going to come in 2nd start eviction proceedings, and the nutera 

1i*say Moehhnilnn 

Haye?. S. E. 

tenant will he able to waivc House bill No. 1570 or the 

Noye 

z:zg Hill OConnell 

act numl~er and say, I am sorry, you may not terminate cumberland Hopkins Pancoast 

I the lease hecause of this. Ile is protected. 

iravles Hutchinson. W. Perrl 

Dildnnl ~ a t z ~ltrr 

I do not know why we have to penalizc everybody by ~awcett Kl~tler Polite 

allowing the cou1.t to award 3 months' periodic rents 

Klingaman Pyles 

~ ~ $ ' Kusse ~ Rennlnger 

and damages and injunctive relicf, which is wide open ~,,t,,, w. Lev1 Ryan 

thcre. 

Freind Lmch Salvatore 

Gallen Manmlller Scheaffei 

I ask support of this amendment. I think it will ac- 

SCU~EB 

Selar 

Shurnan 

SUlanni 

srmul, L. 

Stahl 

Thomas 

Ustynoskl 

Vroon 

Westerberg 

WllSO" 

Wllt, W. W. 

Wornlow 

Yohn 

zearfoss 

Zeller 

complish exactly what Mr. Bennett wants to accomplish. 

The SPEAKER. The Chair ~.rccognizes the gentleman 

from Mercer, Mi. Bennett. 

g:za& 

NOT VOTING-6 

Rhodes Yahner 

Shelhsmer 

zord 

M~. p,EKiqEspr. Mr. speaker, I 

the IIousc he at ease far just a mument? 

request that So the question was determined in the affirmative and 

the amendments were agreed to. 


Will the House agree to the bill as amended on third 


Bill as amended was agreed to. 

The SPEAKER. This bill has been considered on three 



(Members proceeded to vote)


VOTES CHALLENGED 


whip. 

Mr. RYAN. Is Mr. Hammock present? 

The SPEAKER. Is Mr. Hammock in the hall of the 

House? 

Please remove Mr. Hammock's vote from the hoard if 

the gentleman is not present. 

Mr. RYAN. Mr. Myers? 

The SPEAKER. Mr. Hammock is present. 

Is Mr. Myers in the hall of the House? Mr. Myers is 

present. 

Mr. RYAN. Mr. Laudadio? 

The SPEAKER. Is Mr. Laudadio present? The gen- 

tleman was present. He is in his office. Mr. Laudadio 

is present. 

Will someone phone Mr. Laudadio's office and tell him 

this is where we vote, not up in his office? 

Mr. RYAN. Mr. Bonetto? 

Mr. RAPPAPORT. Mr. Speaker, is Mr. O'Connell on 

the floor of the House? 

Mr. RYAN. Wait a moment, Mr. Speaker. Wait, I am 

still challenging, Mr. Speaker. I asked if you would 

wait a moment. 

The SPEAKER. Name the members whose presence 

you are challenging, Mr. Ryan. 

Mr. RYAN. Mr. Bonetto. 

The SPEAKER. Is Mr. Bonetto in the hall of the 

House? His vote will be stricken. 

Who else are you challenging? 

Mr. RYAN. Mr. DiDonato. 

The SPEAKER. Is Mr. DiDonato in the hall of the 

House? 

The gentleman's vote will he stricken. 

Mr. RYAN. Mr. Milanovich. 

The SPEAKER. Is Mr. Milanovich in the hall of the 

House? 

Mr. RYAN. There is no vote on the hoard, Mr. Speaker. 

Shall we start over again? 

The SPEAKER. No. 

Mr. RYAN. Why not? 

The SPEAKER. Because the vote has been taken and 

those votes- 

Mr. RYAN. Now wait a minute. Wait, Mr. Speaker, 

you- 

The SPEAKER. If you can, Mr. Ryan, if you will point 

out to the Chair the name of any member who is re- 

corded but is not present, we will strike that vote. 

Mr. RYAN. Mr. Speaker, 1 request that you keep the 

vote open. You, in fact, said, name your names, and that 

is when I named Mr. Bonelto. 

The SPEAKER. I have given you a full opportunity, 

Mr. Ryan, to check your rollcall. 

RYAN. I do not have a rollcall to check' What 

can I look at? I do not know who is recorded and who is 

not recorded. 

I am saying to you that I think Mr. Bonetto was re- 

corded. I cannot tell by looking at that now. 

The SPEAKER. Mr. Bonetto was recorded and his vote 

is being knocked off. 

Mr. RYAN. How about Mr. Laudadio? 

The SPEAKER. Mr. DiDonato? 



JOURNALHOUSE 5249 



YEAS-105 

Barber George Miller, M. E. Sclriea 

Bennett Glamrnar~ Miller, M. E.. Jr. Shane 

~~~u~ Ciliespie Mlll~ron shelhamer 

Herson Gillette hlorr~s Shelton 

nonetto Gleeson Mullen Shupnlk 

nrvnner GreenEeld Must0 Stout 

Burns ~JR~X~C~~UCX hlyerr Taddodo 

CaDuto Hotchlnson. A. Novak Taylor 

Clsneiulli Irvis O'Donnrli Tall 

Cohen Itkln Oliver Rello 

cole Johnson. J. Perry Valiaenti 

CoweU Kelly, A. P. Petrarea Wshh. T. P. 

UeMedio Kne~per PIBYS~Y Wansscz 

Deweese ~uiter Pratt wargo 

DIC~~IO Kowalysbyn ~rendergnst Whelan 

DiDonstO 1.aughUn Rappaport Wispins 

DombroW8tl Lrderrr Reed William~ 

urna as Lehr Renninger wzbon 

Eekensberger Letterman Renwck Wojdak 

Enslehart Lincoln llhodes Wright 

aee Loguc Kichardson Zearfoss 

FLscher ~ao.!enno Rleger Zord 

Flsher McCistchy Ritter ZuiU 

Flahem McIntyre Ross 

Galleeher McLane Rugglero Pinernm. 

Garll~ Menhorn Saloum Speaker 

Gelds Mllanovieh Schmitt 

NAYS-90 

Abraham Freind LaMarca Srheaffer 

i:g,","n.J.E Gallen 

Lev1 

Lynch 

Schweder 

Seltze~ 

Bellomini 

Beren 

Btttle 

Geesey 

Goodman 

Green 

Mnnnuller 

MeCaU 

McCue 

Shuman 

Slrlanni 

Smlth. E. 

~radley Grteco Mebus smth. L. 

Brandt 

Buters 

Cessar 

ciminl 

Grlng 

Halversan 

Hasay 

Haikell 

Miscevtch 

~odilrnann 

Mrkunic 

Mullen. M. P 

Swncer 

Stahl 

Stapleti~n 

Thomas 

C~aWiord 

~ ~ 

Davies 

Hayes. D. S. 

xsyes.s. ~ E. 

Hedurd 

b 

Noye Turner 

o . B ~ ~ ~ UstynoaW ~ ~ ~ 

O'Keeie Vrwn 

~ ~ 

Deverter 

Dtetz 

Hill 

Mopkins 

Pancoast 

~arker. N. S. 

Warner 

Weidner 

nlnlnni 

:;, i)-.~iheibln 

fz:'$yA, 

Hutchlnson. W. 


Kelly, a. R. 

Kernlck 

Klstler 

Kllngeman 

Pits 

Pollte 

Pyles 

~nscnstvhl 

Ryan 

Salvatore 

Westerhrrg 

W1:t. R. W 

Wilt. W. W. 

worrtlow 

Yohn 

ZeUw 

Foster. W. KUY~ 

?:$:in, J, 

=, 

NOT VOTING-8 

Lalldsdln 

Mecllmis MCCT~W O'Connell Yahner Pemi 

The majority required by the Constitution having vot- 

ed in the affirmative, the question was determined in the 

affirmative. 

Ordered, That the clerk present the same to the Senate 


The SPEAKER, The Chair recognizes the gentleman 

from Bcrks, Mr. Galleu. 

Mr. GALLEN. Mr. Speaker, there were a number of 

members who felt, when you said, "The clerk will record 

the vote," that there were sufficient votes, more than 

102, and they then voted in the affirmative. Those votes 

would have probably remained in the negative if you had 

not said that. There were not in fact 102 legitimate votes 

of people in their seats at that point. 

The SPEAKER. Let us not waste the time of the 

House. 

The members will proceed to vote again. 

Now, only those members who are physically present 

in the hall of the House. 

Is the gentleman, Mr. Milanovich, present? Will some- 

one please strike his vote from the board?


Abraham 

Barber 

Bellomlnl 

Bennett 

Berltn 

Berron 

B~nner 

Bum8 

Canuto 

CiandulU 

Cohen 

Cole 

CaweU 

DeMedlo 

Deweese 

Diearlo 

Dombromald 

Eckenlberger 

Englehrrt 

Fee 

Fisher 

Flaherty 

Gallagher 

Garzle 

Geisler 

George 

Glammarm 

Andenon. J. 8. 

Arthurs 

Beren 

Biffle 


Mr. RYAN. Do you want to close it now, Mr. Speaker? 

The SPEAKER. Take your time, Mr. Ryan, and check 

the balance of the rollcall. 

Mr. RYAN. I am satisfied, if you will close it quickly. 

This should not he necessary, Mr. Speaker. 

The SPEAKER. I quite agree. 

Mr. RYAN. I know that you do. I mean, we just had a 

discussion off the record that this is a disgrace. We were 

at 95 a moment ago and now we are at 98, and I cannot 

keep up with these people coming in and out. 

Is Mr. Dumas on the floor of the House, Mr. Speaker? 

The SPEAKER. Is Mr. Dumas present? 

Strike Mr. Dumas's vote, please? 

Will all members who are present, please cast a vote? 

There are some members who are sitting in their seats 

who are not recorded. Under the rules of the House, all 

members must be recorded. 

Mr. RYAN. Are Mr. Englehart and Mr. Perry on the 

floor of the House, Mr. Speakcr? 

The SPEAKER. Mr. Englehart is present. Mr. Perry 

is present. 

Mr. RYAN. Is Mr. Shelhamer on the floor of the 

House? 

The SPEAKER. Mr. Shelhamer was present on the 

floor. 

Mr. RYAN. At the time of this vote? 

The SPEAKER. At the time of the vote. 

Mr. RYAN. It is my understanding that when he was 

here, he was voting "no." 

The SPEAKER. Pardon? 

Mr. RYAN. I said, someone to'd me that when Mr. 

Shelhamer was here, he was voting "no." 

Mr. BENNETT. Matt, are you done challenging? 

The SPEAKER. The clerk will record the vote. 





YEAS-103 

Gillespie Millfron 

Gillette Morris 

Gleeson Mullen 

Greenfield Must0 

Hammock Myers 

Hutchinson. A. Novak 

IrvIs O'Donnell 

Itkin OHver 

Johnson. l Parker. H. S. 

Kelly, A. P. Perry 

Kelly. J. B. Petrarca 

Rnepper Plevaky 

Knlter - - ~ ~ ~ 

Kowalvshyn 

- Pratt ~ 

Prenrlergast 

Lauphlin Rappaport 

Lederer Val-nst~hl 

Letterman 

Lincoln 

Reed 

Renninger 

Logue 

Milnderlno 

Renwick 

Rhodes 

McClatch3. Rlchsrdson 

McIntyre Rieger 

McL~ne Rltter 

Menhorn Rosa 

Miller. M. E. Rucglero 

Miller. M. E.. Jr. Saloom 

Schmltt 

Selnca 

Shane 

Shelha~ncr 

Shelt"" 

Sh"I,nlk 

stout 

Taddonlo 

Taylor 

Toll 

Re110 

Valleentl 

Walsh. T. P. 

Wanaacr 

Wnrgo 

Whr1.n 

Wleeins 

Wllliams 

Wilson 

Wojdak 

Wrlght 

Eord 

Zwlkl 

Finernan, 

Speaker 

Freind LaMarc* Scheaffcr 

Fryer Lehr Schweder 

Gallen Levi Seltzer 

Geese7 Lynch Shuman 

I 

Bradley 

Brandt 

Goodman 

Green 

Manmiller 

McCall 

Slrianni 

Smlth. E. 

Bulcra 

C,s,, 

Grieco 

Grlng 

MeCue 

Mebur 

Smlth. L. 

Spencer 

Cimln! Ilalvemon Mlscevich stah1 

Crawford Hasay Moehbnalm Stapleton 

Cumberland Haskell Mrkoaie Thomas 

Davles Hayes, D. S. Mullen, M P. Turner 

Deverter Hayes, S. E. Noye Vroon 

Diet2 Hepford O'Brlen Wagner 

Dininnl Hill O'Keefe Weldner 

Ez$e ~upkins Pancoast Westerberg 

FIutehmson. W. Pitts Wilt, R. W. 

~ ~ ~ i 

Faween 

b ~ Katz ~ b b 

Kernick 

Polite 

Pyles 

Wilt. W. W. 

wornlow 

Fischer Klrtler Ryan Yohn 

Foster. A. 

Fostcr.W. 

linga am an 

KUSS~ 

salvatore Zeller 

NOT VOTING-14 

Bonetto 

D ~ 

Dumas 

Hamilton. J. H. Mllanovich 

D Laudadio ~ ~ O'Connell ~ ~ 

McGinni~ Perrl 

McGrew 

Ustynoskl 

Yahner ~ 

Zearfoss 



affirmative. 




from Mr. Freind. 

Mr. FREIND. Mr. Speaker, I move that the vote by 

which House bill No. 1570 was passed he reconsidered. 

The SPEAKER. The gentleman will have to send a 

reconsideration motion to the desk. 

The Chair recognizes the majority leader. 

Mr. IRVIS. Mr. Speaker, according to my calendar, 

and Mr. Freind is probably not aware of this, this bill has 

been considered twice by the House and has twice failed, 

twice failed. 

No, I think that it failed the second time. This is the 

third vote on this bill, and I think it fell twice before. 

Mr. RYAN. Mr. Speaker, the fact that the hill was 

amended, I think, changes the whole ball game. It is an 

exception to the rules, as I understand it. 

Mr. IRVIS. Well, we will submit that question to the 

Parliamentarian. I thought that Mr. Freind might not be 

aware of the history of the hill. 


leader. 

Mr. IRVIS. Mr. Speaker, I have heen informed that I 

am incorrect. The bill failed one time and passed one 

time. 

The SPEAKER. The gentleman's motion for reconsid- 

eration is in order. 

Mr. IRVIS. Therefore, the gentleman may file his 

motion and we will give him the papers, if he wishes. 



Mr. FREIND moved that the vote by which HOUSE 

BILL No. 1570, printer's No. 3295, was agreed to on final 

passage on this day be reconsidered. 

Mr. YOHN seconded the motion. 





Shall the bill pass finally?

~ ~ 


The SPEAKER. I have sent out a letter to all of the The SPEAKER. The Chair recognizes the gentleman 

House members today, soliciting the views of the House from York, Mr. Foster. 

members on this matter of reconsideration. 

Mr. A. C. FOSTER. Mr. Speaker, I would like to 

You will recall that we have been allowing reconsid- reiterate the remarks that Mr. Ryan just made. We in 

eration motions as a matter of courtesy. As a conse- the press, in the past 2 weeks, have endured quite a hit 

quence, we have found that some memhcrs have abused of criticism in terms of proposed pay raises and early 

the courtesy right and that the House has heen subjected adjournments, and I do not think that it befits the memto 

repeated voting on the same subject matter after hav- bers of this House to conduct themselves in this way and 

ing debated at length on the original time around. We subject themselves to further abuse. 

ought to give some consideration to the question as to Mr. Speaker, I have, on other occasions, asked that, 

whether or not we want to consider the continuation of when we know thcre is a controversial vote coming, we 

the courtesy rule or perhaps subject the reconsideration simply take a manual rollcall, a standing rollcall. Believe 

motion to an actual voting test. I would ask that you me, Mr. Speaker-if your argument is that the time conrespond 

to that letter and we will make a decision, but sumed is that valuable, we have consumed approximately 

until that decision is made, the House will continue to 20 minutes on the last rollcall. We would save time by 

abide by the past practice, which is to allow a reconsidera- this approach. 

tion as a matter of courtesy. 

I would offer to suspend the rules for the purpose of 

The question recurs, Shall the bill pass finally? That so doing, Mr. Speaker, and to keep us from going through 

is the question before the House. 

this degrading spectacle once again. I am addressing this 

as much to my Republican colleagues as to my colleagues 

The Chair recognizes the minority whip, Mr. Ryan. 

on the Democratic side of the aisle, If necessary, I will 

Mr. RYAN. Mr. Speaker, do I understand that your name Republican names, 

intention now is to immediatelv reconsider and revote 

this bill? 


The SPEAKER. That is correct. 

whip. 

Mr. RYAN. I wonder, Mr. Speaker, if I could just make Mr. RYAN. I do not know if you will take kindly to 

a few comments that are not really relevant to the bill but this suggestion, but I wonder if we might not, for the 

revelant to the procedure that we are discussing? next 2 or 3 wecks while wc are here, go hack to the sys- 

The SPEAKER. The gentleman may proceed. tem that we had last term where we have four monitors 

Mr. RYAN. With respect to what is going on in the sitting under the Speaker's nose and they make the head 

House now and has gone on for too long a period of time count and you lock these machines, and the member 

to suit really any of us, I think, I do not like the job, Mr. stands up and has his machine opened if he comes in late, 

Speaker, of standing here and calling out thc names of my because we as a body, we the General Assembly, are 

friends, and I consider the members on the Democratic encouraging additional scorn from the prcss and public 

side as well as the Republican side my friends. I do not by letting this continue. I am suggesting that the Chair 

like it one little bit. I am reluctant to do it. Many times adopt that procedure just to see if it would work. 

I send a note over to one of the leaders to please gel SPEAKER. well, the Chair is amenable to any 

someone off, so I do not have to embarrass them. I hope procedure that will preserve the integrity of the voting 

that it will not be necessary again on this vote, Mr. of this H ~ ~ ~ ~ . 

Speaker. 

The SPEAKER. I quite agree with your point of view, The Chair recognizes the gentleman from ~ehigh, Mr. 

Mr. Ryan. First of all, it is terribly unfair to the mem- Zeller. 

bers who are here-and they could he busily engaged Mr. ZELLER. You mentioned the fact of why we were 

elsewhere if they wanted to. It is unfair to them-to reconsidering hills. As a matter of fact, you find that 

have members not present being voted while other mem- the bills that we reconsidered are usually ones that are 

bers are voted who are present. I see some objection, not only controversial, hut have probably wcnt through 

however, to the situation where a member is present hut in this last vote. 

he returns to his office to attend to a piece of business These are the reason we bring it up. When there are 

and everybody knows that he is present. It would be a smooth operations, we may lose a hill, and I have lost 

matter of calling his office and bringing him down to the mqny of them, we do not ask for reconsideration. It is 

floor. I think in that situation, we perhaps could be only when there are controversial issues and people votmore 

tolerant and considerate of that man's presence. ing one another. That is the time they are reconsidered. 

But if a member is not present and he is being recorded, The SPEAKER. I think it is about time we return 

then it is somebody's responsibility to point out to the now to the business of the legislation in front of us. 

Chair that the man is indeed absent fro6 Harrishurg and 

should not be recorded. 

PAR1,TAMENTARY INQUIRY 

~ r RYAN. . Mr. Speaker, on that point, the problem ~ h , SPEAKER. ~h~ Chair the gentleman 

we have had is even when we name from Wnrr~n, Mr. Kusse. For what purpose does the 

so as not to embarrass anyone, the member who has voted gentleman rise? 

the absent member persists in leaving the name on the 

Mr. KUSSE. I rise to a par1;amentary inquiry. 

board. It is a constant battle with the Chair, to constantly 

remind the chair that they have not removed +he The SPEAKER. The gentleman will state it. 

name, and I know that it embxrasses the Chair as well. RE, KUSSF.. Conccrning House bill No. 1570, as I 

This is not my purpose. I want a straight count, that is r:ndi~~~stoorl it, just prior to all of this debate, you had 

all. 

r~!!crl the h;ll up again. May I ask a qucstion conccm- 

The SPEAKER. The gentleman is absolutely correct. in:: th? stztus of the hill?


The SPEAKER. The question is, Shall the hill pass 

finally? That is the qucstion before the House. 

Mr. KUSSE. Yes, Mr. Speaker. 

Now my inquiry is this, Mr. Speaker: Earlier we passed 

an amendmznt sponsored by Mr. Freind. Following that, 

we passed an amendment sponsored by Mr. Wagner which 

partly had the effect of nrgating the effect of Mr. Freind's 

amendment. Therefcre, is it now possible-I believe at 

that tiillu there wtrr a number of us who were quite 

confused as to the exact status of the bill in view of those 

two amendments-to ask that the vote by which the 

Wagner amendment was approvcd be reconsidered? 

The SPEAKER. Such a moticn has already been sub- 

mitted to the desk. 

Mr. KUSSE. Thank sou. 

Thc SPEAI


from Msrrer, Nlr. Bunnctt. 

Mr. BENNETT. Mr. Speaker, another tactic; another 

6cl2.y. I oppose the motion. 


Will the ITouse agrec to the motion? 

The. ye?,.: a,::l nnjs wcre required by Mcssrs. W. D, 

1IUTCHIFSOi.I and BENNETT and wcrc as follows: 

YEAS-92 

Anderson. L A. Gecney Levi Seirlea 

Beren Grleeo Lynch Seltzer 

Rittle ~.rine Manrnlller ~~~~ ~ ~~ 

- Shurnan 

Brandt Halverson McCIatchy Siriannf 

Burns Iinrniitun. J. H. MrCue Smith. E. 

Dvrr 

Drelbelbls 

F'n;vcett 

3scher 

Fisher 

Foster, A. 

Foster. W. 

Freind 

Fryer 

Gallen 

Abraham 

ArthUr~ 

Barber 

fi~llumlni 

M~nnett 

nerlln 

ni~oneto 

~>"rnbrawsld 

nnyle 

Dumas 

Fekmcberger 

Englehart 

Pee 

Flnhertg 

Gallagher 

Gala= 

~eisler 

George 

Giarnrnarm 

Gilierpie 

Oillette 

Glerion 

Gr,oifman 

Green 

Greel?firId 

Harnmoik 


blebus 

Milier. M. E. 

Miller. M. E.. 

Moehlrnann 

Mrkonlc 

Noye 

O'Connell 

Pancuast 

Parker. H. S. 

Pern 

pitts 

Pohte 

Pyies 

Renninger 

Ruggiero 

Ryan 

Salvatore 

Seheaffer 

Oliver 

Perry 

Pefrarea 

Pievsky 

Frntt 

prenriergart 

Rappaport 

Bavrnstahl 

Reed 

NOT VOTING-13 

smith: L. 

Spencer 

JI. Stahl 

Taddonlo 

Thoma9 - ~~~~~~ 

Turner 

Vroon 

Wagner 

Weldner 

westerberg 

Whelan 

Wtit, R. W. 

Wilt. W. W. 

Worrilow 

Wrlght 

Yohn 

Zeller 

Zord 

Richardson 

Rieger 

Rltter 

Ross 

Saloorn 

Sclirnitt 

Srhvieder 

Snane 

Shelfon 

S),upnik 

StPpletni: 

stout 

Taylor 

Toll 

TreUo 

Vailcenu 

Warlsacz 

Warm 

Wiegins 

Williams 

W,,,mak 

zwiki 

Finernan. 

SP 

Bonetto Kolter Shelhanber W1LCon 

Cebsar McG~nnis U~tj nncki Ynhner 

Gleahon McCraw WaLsh, T P Zealfoss 

Hutehlnson, A. 

So the qucstion was determined in the negative 

the mof.icn was not agrced to. 



Mr. FREIND. Mr. Speaker, if you will bear with me 

for a minute, I would appreciate knowing, in the opinion 

of Mr. Bennett, precisely what the Wagner amendment 

does? 

Mr. BENNETT. Well, Mr. Speaker, it has been stated 

several times and, if the gentleman will look at the Wag- 

ner amendment, I can only repeat what the previous 

speaker, Mr. Rappaport, has indicated to the members of 

this House: It strikes out ". . . providinq for certain 

civil actions and" injunctive relief and establishes certain 

burdens to be met by the landlord. That is one thing it 

does. It also strikes out, "It shall be unlawful or any" 

owner and it inserts "No". 

In line 8, on page 1, and Mr. Speaker, I am not being 

facetious. I know of no other way to explain to the 

gentleman what the Wagner amendment does. It is clear- 

ly spelled out. If he wants me to continue, I would be 

more than happy, but it is a burden to the House, I am 

sure. 

Mr. FREIND. I would appreciate it. Thank you. 


from Berks, Mr. LaMarca. 

Mr. LaMARCA. Mr. Speaker, may I interrogate the 

gentleman, Mr. Bennett. 

Thc SPEAKER. Will the gentleman, Mr. Bennett, con- 


Mr. BENNETT. Yes, Mr. Speaker. 

Mr. LaMARCA. Mr. Speaker, will the effect of the 

amcndment that is presently before this House obviate 

the wishes expresscd previously by passing the first 

amendment or will it not? 

Mr. BENNETT. It would be my opinion that it would. 

Mr. LaMARCA. Then what you are saying is, the 

reason you are supporting the amendment before the 

House is that it will override what the House supported 

in the amendment that was first introduced in this bill? 

Is that correct? 

Mr. BENNETT. Very correct. 

Mr. LaMARCA. Very good. Thank you. 


from Delaware, Mr. Freind. 

Mr. FREIND. Yes, I would like for Mr. Bennett to 

continuc I found it very enlightening. 

The SPEAKER. Will the gentleman, Mr. Bennett, continue 

his interrogation? 

Mr. BENNETT. I would be happy to, as far as I can. 


Mr. BENNETT. I am sorry. Did the gentleman pose 

another question? 

Mr. FREIND. Mr. Sneaker. I would annreciate . . know- 

ing Mr. B?nne!t2s opinion as to if the Wagner amend- 

ment is passed, where the burden of proof is. Is it on 

the landlord or the tenant? 

Mr. BENNETT. I am sorry. The question again. 

The SPEAKER. The gentleman asked, if the Wagner 

The SPEAKER. The Chair recognizes the 


Mr. FREIND. I wonder if either Mr. Bennett or Mr. 

Rappaport would consent to a brief interrogation? 

amendment is adopted what effect wili that have' on 

estahlishing the burden of proof. U'ill the burden be on 

the landlord or the tenant? 

M,. BENNETT. I am advised by my colleagues that 

the bill would not speak to that point. 

The SPEAKER. Will the gentleman, Mr. Bennett, con- Mr. FREIND. Would the amendment, if the hill as 


Mr. BENNETT. Yes, Mr. Speaker. 


amended by the Wagner amendment uasses. . . orovide anv 

avenue by which a tenant might go into a court to seeli 

1 either injuictii,e relie! or damages? .


Mr. BENNETT. It would he my opinion that there Wagner amendment is passed, all that this hill will then 

would he no provision to do that. say is that no landlord may terminate a lease as a reprisal, 

but the tenant would have absolutely no means of 


obtaining relief of any form? 

from Dauphin, Mr. Hepford. 

Mr. RAPPAPORT. The gentleman is not correct, Mr. 

Mr. HEPFORD. Mr. Speaker, in answer to the ques- 

Speaker. The tenant would he ahle to prevent an eviction 

from the Chair, as I understand it, if this legislation 

tion of himself as a means of retaliation, That is the 

was passed in this form, the hurden of proof would he 

principle that this bill would establish. 

on the person making the allegation, whether it he the 

Mr. FREIND. Would the hill provide any procedure 

landlord or whether it be the tenant. 

by which the tenant could obtain relief, or would it go 

Mr. BENNETT. Mr. Speaker, you are getting pretty 

hack to the common law? 

technical. I am going to yi~ld to my good friend, Sam 

Mr. RAPPAPORT. Mr. Speaker, I am afraid I do not 

Rappaport. 

understand the gentleman. I have to confess that my 

Mr. RAPPAPORT. Mr. Speaker, I believe that the 

experience has totally been with the civil law, and to 

summary of this amendment was well expressed by my 

me relief is being ahle to prevent somebody else from 

colleague from Berks, Mr. LaMarca. Mr. Freind's amcnddoing 

something to you. And this bill, as amended by 

ment went into section 2 on page 2. Mr. Wagner's amend- 

Mr. Wagner, would prevent landlords from making rement 

yanks out that entire paragraph. 

taliatory evictions. Now that to me is relief. 

PARLIAMENTARY INQUIRY 

Mr. FREIND. I believe by the common law, the law 

that now is, the burden of proof is on the tenant. Is that 

The SPEAKER. The Chair recognizes the gentleman correct? 

from Delaware, Mr. Ryan. For what purpose does the 


Mr. RAPPAPORT. Mr. Speaker, I think perhaps the 

gentleman is a little hit confused. There are burdens of 

Mr. RYAN. Mr. Spraker, I wonder if the gentleman proof and there are burdens of coming forward with the 

wo~ild yield for a point of parliamentary inquiry that may evidence. I realize the distinctions do not exist in very 

shortcut this whole discussion. 

many places within the criminal law, hut it is a vital 

Mr. RAPPAPORT. It shall he my pleasure. 

one here. I think, yes, the tenant, of course would have 

The SPEAKER. The gentleman will state it. the burden of coming forward with the evidence and of 

Mr. RYAN. Let us say if we yank both the TVazner pres~nting some evidence to show that this might very 

amendment and the Freind amendment, start over again well he a retaliatory eviction. But, naturally, since it is 

by putting Wagner's in first and then Freind's in, do we the landlord who is trying to get rid of the tenant, the 

not end up with Wagner's and we also end up with the landlord must show what a nasty person the tenant is 

burden of proof changing? I notice the Parliamentarian before he can get rid of him before the end of the lease 

is nodding his head. I will not sav which direction. term. 

The SPEAKER. Mr. Ryan, the House has already 

acted on the amendment offered by the gentleman, Mr. On the question 

Freind. and that is feit accomnli. The matter before the the agree the amendments? 

House now is on the matter of the amendment offered R he yeas and nays were required by Messrs. WAGby 

the gentleman, Mr. Wagner. 

NER and FREIND and were as follows: 

Mr. RYAN. I was suggesting that it he reconsidered 

and then just introduced in a different order. 

YEAS-161 


Gallagher Manderlna Saloom 

f~~~~~,J,H, 

GaUen 

McClatcng Salvatore 

from Philadelphia, Mr. Rappaport. 

~rthur* Garda MeIntyre Scheaffer 

Geesey MeLane Schmftt 

Mr. RAPPAPORT. Mr. Speaker, I appreciate the ef- ~~~~~m Gelrler Mebus Scliwcder 

fort of the gentleman from Delaware, hut the problem Renneti George Menhorn Selrlea 

Glarnmsrco Mllanovleh Seltzer 

is that the entire paragraph that Mr. Freind attempted 

Gllles~ie Mlller, M. E. Snane 

to amend is taken out of the hill by the Wagner amend- serson Glllette Miller. M. E.. Jr. shelton 

ment. If we follow the procedures suggested by the EJ;st Gleeson MllUron Shupnlk 

Greenfield Mlseevlch Sirtanni 

gentleman from Delaware, we have an amendment that nrunner Grqeco Moehlmann Smith. E. 

is amending nothing. You have to have something for 

Grin# Moms smlth. L. 

Hamilton. J.E. ~ullen Gtahl 

an amendment to hang on to. 

Ca~uto Hammock Must0 Stout 

The SPEAKER. The question before the House is on ~$;z;"~~ Hasay myem Tsddonlo 

narkell No~ak Taylor 

the adoption of the amendment offered by the gentleman, ~ 1 ~ 1 ~ 1 R aye.. D. s. ~oye Thomas 

Mr. Wagner. Will all speakers please address themselves Cohen Hayes. S. E. O'Connell Toll 

Cole Hepford O'DonneU TreUo 

to that question? 

Cowell Hill O'Keefe Turner 

Dsvier Hopklm OUver Vallcenu 

The Chair recognizes the gentleman from Delaware, DeMedlo Hutchlnwn. W. Parker. H. s Wagner 

Mr. Freind. 

Deverter Irufs Perrl Wenaae~ 

DeWeese Itkln Perry Wargo 

Mr. FREIND. Mr. Speaker, if I could briefly inter- Dlcarlo ohmo om. J. Petrarca Weldner 

rogate Mr. Rappaport? 

DiDonato Katz Plevsky Westerberg 

Dletz Kelly. A. P. Pratt WlgClns 

The SPEAKER. Will the gentleman, Mr. Rappaport, ~ininnl Kistler Prendergast Wllllam 

consent to interrogation? 

Dombrod Kneppes Pyles Wllt. R. W. 

Don Kolter Rappaport Wllt, W. W. 

Mr. RAPPAPORT. Yes, Mr. Speaker. 

Dople K U ~ Rnre~tshl Wojdak 


Drelbelbu Laudadlo Reed Worrllow 

Dumas Laughlin Renninger Wright 

Mr. FREIND. Am I correct in assuming that if the 

~~d~~~ Renwick Yohn 

~- ~ 

~*~w~ 

~

NOT VOTING-16 

Bonetto Gleason McGraw Walsh. T. P. 

Cessar Kelly. J. B. Pcrri Wilson 

DiDonato Laudadlo Stahl Yahner 

Dumas Mccinnis Ustynoskl Zearfo~l 



affirmative. 



COMPOSITION SUBMITTED FOR RECORD 


from Philadelphia, Mr. Gleeson. 

Mr. GLEESON. Mr. Spcaker, I have a composition 

written by a constituent of mine, a prize-winning com- 

position celebrating the Bicentennial year, which I would 

like to enter into the record. 

The SPEAKER. The gentleman will send the com- 

position to the desk. 

Mr. GLEESON presented the following composition for 

the Legislative Journal: 

PRIZE WINNING COMPOSITION ON 

BICENTENNIAL 

by Natalie Tryciecky 

Graduating June, 1976, from the 8th Grade Class 

of St. Josaphat's Ulrranian Catholic School 

Longshore and Ditman Streets 

Philadelphia, Pennsylvania 

This year we are celebrating the birthday of 

something very important to all of us in the 

United States; the birthday of our Country. Two 

hundred years ago on July 4. 1776, the colonisls 

finally put an end to their years of struggling 

and rebellion. These long years of fighting, not 

only against the British, French and Spanish, but 

also against their own lack of individual freedom, 

personal hardships and unlawful taxation were 

finally brought to an end by the signing oE the 

most memorable document in the history of the 

United States-the Declaration of Independence. 

In this document the colonists proclaimed them- 

selves free from all British rule, sending them 

toward their long climb for recognition and su- 

premacy. 

This final goal of Independence was gained 

because of the strength and determinztion ex- 

hibited by the colonists. The only thought on 

their minds was religious and political freedom. 

They were willing to risk anything and every- 

thing. Only through their bravery did we become 

the great country we are today. 

The last few months have been spent in grave 

preparation for this celebration. Much money, 

time and labor are being spent to reestablish 

or restore the historical sites and landmarks. The 

Liberty Bell has been moved into a glass pavillion 

in Independence Mall. The Philadelphia Art 

Museum was closed for the winter months and 

completely renovated. Patriot Days are taking 

place, at much expense, in many of the home 


June 8, 

towns of America's heroes. Philadelphia will 

celebrate K~te Day to commemorate Ben Franklin. 

Carnivals and fairs will feature folk dancing, 

many ethnic dishes and cultural exhibits. Special 

concerts are being planned along with Bicentennial 

plays and movies. 

Many schools are joining together to learn 

more about the Bicentennial. Classes are engaglng 

in many different projects. Children are 

learning how to make various foreign dishes. 

Thc United States also has some of the best 

schools and universities of higher learning. Many 

of the world's greatest medical schools and 

laboratories are centered in the United States. 

These two hundrcd years have been filled with 

many grcat scientific discoveries. 

The Bicentennial means something different to 

every person. To some people it may mean big 

celebrations with parades and marchjng bands. 

Some people think of the Bicentennial as the 

summation of many years of struggling and 

fighting for self-prescrvation. Look around you 

at the trees, the birds, the plants, but most of all, 

the people. To me these things are the Bicentennial! 


The bill having been called up from the postponed 

calendar by Mr. IRVIS, the House resumed considera- 

tion on final passage of House bill No. 1571, printer's No. 


An Act amending "The Landlord and Tenant Act of 

1951," approved April 6, 1951 (P. L. 69, No. 20), providine 

for a warrantv of habitabilitv -~~ ~ ---~ to he deemed a "art of 

I evirv written or iarol license. 1 . ~~ .. ~~ ~~~~~~ ~~ -- 

ease or rental agreement 

forminimum living conditions 

and landlords. 




I 



Mr. FREIND moved that the vote by which HOUSE 

BILL No. 1571, printer's No. 2918, was agreed to on third 

consideration on Wednesday, May 26, 1916, he reconsidered. 

Mr. ZEARFOSS seconded the motion. 



I Motion was agreed to 

On the nuestion recurring, 

Will the House agree to the hill on third consideration? 

Mr. FREIND requested and obtained unanimou.; con- 

sent to offer the following amendment, which mas read: 

Amend Sec. 2 (Sec. 205!, page 4, lines 9 through 11 by 

striking out all of said hnes and inserting: 

(d) This section may be waived by a tenant or licensee 

by a written agreement signed by the landlord or his 

agent and the tenant or licensee. 




from Delaware, Mr. Freind.



Mr. BENNETT. Mr. Speaker, obviously I rise to oppose 

the amendment offered by Mr. Freind. I do it for a very, 

very simple reason: It guts the bill. And I say to the 

members of this hody that it is high time that we undcr- 

stand what is going on. 

This amendment, if allowed to go in, allows a person to 

waive his rights, as the attached amendment proposes. 

You can darn well rest assured that every printed lease 

that is ever printed will have that waiver clause included. 

You know it and you can bet on it. 

Now, obviously this amendment will particularly af- 

fect those very, very same persons whom we are trying 

to give some relief to. Again, the honest and sincere 

landlord has nothing to worry about in this. It is the 

slumlandlord we are after. Do you not understand 

that? Someone does not understand it. Is that not amnz- 

ing? Those who should, Mr. Spealrer, are the ones who 

are saying they do not. There is no reason why any 

member of this body should not understand what is he- 

ing attempted here. Mr. Speaker, I oppose the amend- 

ment. 


I Mr. FRIEND. Mr. Speaker, all my amendment does is On the question recurring, 

to allow a waiver of the provisions of this bill if that Will the House agree to the amendment? 

walver is sisned by hlth the ltrldnt and thc landlord 

The yeas and nays were requlred by Messrs. FREIND 

should be noted that this bill relates to all landlords. 


even relates to an indiv~dual who owns a home and rents 

it for a year or for whatever period of time. 

YEA 

Now it could very well be that there are cases where a 

Gallcn 

sc1ric. 

landlord does not wish to make repairs and it is part of anderaon, J.H. Geescy 

Seltzer 

the rent agreement. He rents his home with the provision z; (:rieeo 

Shumen 

Grlng 

Siriannl 

that the tenant will make those repairs. This allows a ~ ~ ~ IIalrerson ~ d t 

Smith. E 

landlord to do that if the agreement is signed by both the z:; FTamilton. J. 8. 

Smith. L. 

Haskell 

Spencer 

tenant and the landlord. It just provides all opportunity ~i,,,i,,j Hayes, D. S. 

Stahl 

that the provisions of this bill are not ironclad if there is Crawford Hayes. S. E. 

Taddonlo 

Cumberland Hepford 

Thornan 

agreement on both sides. 

n2vtr. Hill 

Turner 

I think, again, this strikes a balance hetwcen the rights DcverteT 

saneoast Vroon 

Dietz 

Parker. H. S. Wagner 

of the tenant and the landlord and I would urge its pass- Dininat Katz 

Perri 

Westerberg 

age. 

Dorr 

Kernick Pitt9 

Whelan 

nreihelbb Kistler 

Polite 

Wilson 

Fewcen Klineaman PSIW 

Wilt, R. W. 

llischer 

Rcnninger Wilt. W. W. 

Pisher 

'izumiero Worrllow 

Foster. A. 

Ryan 

Wright 

Foster. W. 

Salvatore ZeUer 

Freind 

Lehr 

Srhenffer Zord 

R'yer 

L.etteman 

Arthurs 

Barber 

Rellominl 

Bennett 

ner!in 

BerSOn 

Bradley 

Rrunner 

Burns 

Caputo 

Ciandulll 

Cohen 

Cole 

CoxueU 

DeMedlo 

Deweese 

Ilicarlo 

llcmhrowsld 

noyie 

7,ckensbergec 

7:nglehart 

Fce 

rlnherts 

Gallagher 

Gsrda 

Gelsler 

NAYS-100 

George Mllano~lch 

Giammnrco Miller. M. E. 

Gillesple Miller. M. E.. 

Gillette Miscevich 

Gleeson Miillron 

Goodman Morris 

Green Mullen. M. P 

Greenfield Mullen 

FIummoch Must" 

Hasay hrpers 

TIUtchinsOn. A. NOVBR 

Irxrla O'Donnell 

Itkin O'Keefe 

Johnson. 3. Oliver 

Kelly. A. P. Perry 

Kolter Petrarcn 

Tve~daNo Pievcky 

Laughlin Pratt 

IIederer mendergart 

Lincoln Rnppnnort 

Lowe na~en~iahl 

Manderino Reed 

MrCn?l Renwlck 

MeIntyre Rhodes 

McLane Richardson 

Menhorn 

Rleger 

Ritter 

Ross 

Saloom 

Sch",ln 

Schweder 

Shane 

Sllelton 

Shupnik 

Sta~leton 

stout 

Taylor 

Toll 

Treuo 

VallcenU 

Wargo 

Weldner 

Wiggins 

William 

Wojdak 

Yohn 

zwikl 



NOT VOTING-13 

Mr. FREIND. I do not want to helahor the point, Mr. 

Speaker, but you know it is one thing to provide the people 

with some kind of relief and it is another thing to do 

nonetto 

DiDonato 

Gleason 

ICC:IY. J. B 

MrGinnis 

MeCraw 

she~~am~r Wansecz 

Ustj.no~ki Yahncr 

Wslsh. T. P. Zearfoss 

all their thinking for them. 

So the question was determined in the negative and the 

Now, again, this hill was not designed just for slumlandamendment 

was not agreed to, 

lords. The way this bill is written, it affects all landlords. 

Whereas I think that tenants have rights, I think they On the question recurring, 

also have the rieht to make decisinns on their own. I do Will the House agree to the bill on third consideration? 

not think that this hody should he big brothrr and should Mr. ZEARFOSS requested and obtained unanimous condo 

all their thinkinc for them. 

sent to offer ~ ~- the followine amendment ~ ~~ . which was read: 

Now, I do not think that it is inconceivable where an 

Amend Set, (Set, 205), page 4, line 3, by removing the 

individual wants to So away for a Year, is taking a trip period after "LICENSOR" and inserting: if the tenant or 

and wants to rent his home and wants to have the in- licensee has given written notice of such material nonto 

whom he rents to do the repairs. under this compliance to-the landlord or licensor as provided in sechili 

a t 1 t h d h-.-?:i?e rvcn if thcr was r tion 206 at least thirty days prior to the institution of an 

action at law or in equity and the landlord or licensee has 

signed agreement, the tenant could renege on that agree- failed to bring the premises into compliance with this 

ment at any time and force the landlord to make the re- section during such thirty day period. 

pairs. 

I think we still, even though we are trying to give people 

relief, have to give them their basic right, and that is, 



their freedom of choice. Again, I urge passage of this The SPEAKER. The Chair recognizes the gentleman 

amendment. 

from Delaware. Mr. Freind.

Mr. FREIND. Mr. Speaker, Mr. Zearfoss requested that 

I briefly speak with respect to his amendment, which har 

been sent up to the desk. 

The SPEAKER. The gentleman is offering the amend- 

ment on behalf of Mr. Zearfoss. 

The Chair recognizes the gentleman from Delaware, Mr, 

Freind. 

Mr. FREIND. All this amendment would do, Mr, 

Speaker, is require a tenant, before he proceeds into court 

against the landlord, to provide at least a 30-day written 

notice to the landlord that a repair is needed. 

It would seem to me that this does not gut the bill, this 

does not force people to sleep underneath the bridge in 

Paris. All that it does is add a commonsense touch to this 

bill. Before an individual is sued, he would at least he 

apprised that repairs should be made. I would urge pass- 

age of this amendment. 

The SPEAKER. The Chair recognizes - the gentleman - 


Mr. BENNETT. Mr. Sneaker. I would onlv ask that the 

members bear with us? We have just recently received 

the amendments and we want to make sure what they do. 

Just be kind enough to bear with us. 



Mr. BENNETT. Mr. Speaker, again I rise to oppose the 

amendments offered by Mr. Zearfoss or Mr. Freind. I rise 

to oppose the amendments offered by the gentleman. It 

is subterfuge. There is nothing in here, if this amendment 

is adopted, that would allow relief to a person in a 

situation, and I give you a hypothet~cal that is very, very 

possible: In the dead of winter, the furnace goes out, a 

water heater breaks, whatever, and they sit down and 

they write a letter and 30 days later they come and turn 

the heat on. I oppose the amendment. 



The yeas and nays were required by Messrs. ZEARF 'OSS 


Abraham Gsllm 

Anderson, I. 8. Geesey 

Arthur. Grleco 

Beren 

Grinz 

Blttle 

Levf 

Lynch 

Manmiller 

?.'icClat.chy 

Brndley 

Brandt 

Ruma 

Buter. 

Ce-r 

Clmlni 

Crawford 

Cumberland 

Daviea 

Devener 

Dietz 

Dlninnl 

Dorr 

Drelbelbh 

Fawcen 

Fisher 

Foster. A. 

. - . , 

Hsslrell 

Hayes. D. S. 

Hayes. 8, r. 

Heoiord 

~lfi 

HODMN 

Hutchl-n, W. 

Kntr 

Kelly. A. P. 

Kernlck 

Wller. M. E. 

Mlscevtch 

Moehlmann 

Mrkonla 

Noye 

O'Connell 

Psneoast 

Park~r. H. S 

Perrl 

Pitts 

Foster. W. 

Frelnd 

*er 

LaMarca 

Laughun 

Lehr 

Salvatore 

Rchesffer 

Sehwedsr 

WAYS-91 

Gelelel Mllano~frh 

George Mlller. M. E. 

Glamrnarm Muran 

Gllleaple Moml 


S&es 

Seltzer 

Shumln 

Strluml 

Smith. I. 

Smlth. L. 

%enear 

Stah1 

T.ddmI0 

Thorn- 

Turner 

Vrmn 

Wagner 

Wanucz 

Weidner 

Westerberg 

Whehn 

Wllsan 

Wilt R. W. 

Wllt. W. W. 

WO,',~IOW 

Wright 

YOhn 

Zsllsr 

Zorn 

Benon GiUett. 

B r w e Gleeson 

Caputo Goodmm 

Clandulll 

Coaon 

Cole 

Green 

GreenReld 

Hunmoelr 

C0W.u 

DeWo 

DeWeese 

Diearlo 

Dombrowskt 

Doyle 

Hutchinson, A. 

M 

1 Wn Johrum. J. 

~olter 

Lederer 

Duma9 

Eek=nabm.r 

Letterman 

Lincoln 

Englehvt 

F e 

Lome 

Msnderlno 

Fischu hlcCall 

Flaherty MrIntve 

Gellagher 

~arri; 

Menhorn 

NOT VOTING-12 

Mullen Schmitt 

Mluto Shroe 

Myen Shelhamsz 

No"& BhclMn 

O'Brlen Bhupnlk 

O'Donneu St.pl.ton 

O'Keefe Smut 

Oliver Taylor 

p-Y TO" 

Petrsrea Trello 

So the question was determined in the affirmative and 

the amendment was agreed to. 








(Members proceeded to vote) 





B.Tber 

Bollomlnl 

Bennett 

Eelruubugrr 

En#- 

Fee 

m e * 

G.u.8h.r 

Gird. 

Wer 

Gwp. 

Abraham 

And-. I. E 

Arthum 

Beren 

Bittl. 

Bradla, 

Brandt 

Butcirml 

mawford 

Cumberhd 

Davie. 

D.mtsr 

GismmarFO 

Gillesple 

GfUette 

Gleesan 

Greenfield 

Hunmoelr 

Hagn. D. S. 

H~tehtnYm. A. 

IM. 

IULn 

JOhmon. J. 

Kelly. A. P. 

Kneuwr 

Kolter 

KowxlUmyn 

I..umlll, 

Lederu 

Letterman 

L1"COLn 

Lome 

M."derino 

Melntyre 

Mchne 

Menhorn 

Wlanov~ch Rugnuo 

Miller. M. E. Salwm 

Mlller. M. E.. Jr. Smrmtt 

Mllllrrm M- 

Morrls Shelhamer 

Mullm Shelton 

Musto nhunnik 

MY- Taddonlo 

Novnk Taylor 

O'Domell Toll 

ouver Tnb 

p-Y v.uoann 

Rtrares Warso 

Plcv.*y Whelln 

Prstt wigglns 

Prendergsut Willlams 

Rappaport Wllan 

Reed W0ja.k 

PWer Lmoh SEhwedcr 

Gallen Manmill" Selrlu 

&ray M&ll YDltrcr 

Goodm McClatehr Shlhum~n 

Green McCue Slrlsnl 

Gneco Mebm Smith. E. 

Grtng Wscevfch Srmth. L. 

Halvem~~ Maehlmann Spenar 

a-7 Mrkmfc Stahl 

Haskell Mullem. M. P. ataplston 

Hays.. S. E Noyo Staut 

Hepford O'Brlen Tho- 

Hll O'CMnd %&=me


Dlctz Hopkins O.Kedc V m 

Dl- Hutchmon. W. Pnneoast Wagner 

Dorr Katr Parker. H. S. WMYcz 

DOTI* Kelly. J. B. Pit* Weidner 

Drelbrlhls Kernlck Pollte Westerberg 

Faweett KisUv Pyler WUt. H. W. 

fichu KUilgarmn Ravenstah1 WUt. W. W. 

Flrhor Kucsc Rminptr Kdloar 

Fmter. A. LaMara Rgnn 

Yohn 

F~tar. W. Lehr YaIvato~~c Zrller 

Freind Led Sdleaffcr Ind 

NOT VOTING-14 

Boo* 

C- 

DIDon.0 

Glasv~n McGraw 

Hsmilton. J. k. PE~IL 

Laudnail Unrmosh 

W&h. T. P. 

Yahner 

Dumas McGl~lls 

Less than the majority required by the constitution hav- 

ing voted in the affirmative, the question was determined 

in the negative and the bill falls. 

ItU1,ES SUSPENDED 


leader. 

Mr. IRVIS. Mr. Speaker, I report from the Rules Com- 

mittee House bill No. 861, printer's No. 3394, and I move 

that the rules be suspended to allow this bill to be read on 

second consideration today. 



The yeas and nays were required by Messrs. IRVIS and 

MANDERINO and were as follows: 

YEAS-188 

Abraham Onnla Xanmiller Rssn 

Anrler9on. J. 8. Grialrr MsCBII Saloorn 

Arthum r.eorge MrCI~tchy Salvatore 

Barber lli~mrnarco McGInnir Sehelffer 

Rellornilll Gillemle McTntyre Sehmltt 

Rennett Gi!lette 

Mc1,ane Schweder 

Rsren r.le-son MC~IL- Seiriea 

~arlin 

Relaon 

Rittle 

Rrodlq 

~oodman 

r:rpen 

C~~cnfirld 

(:~leco 

Menhorn 

Miller. M. E. 

Miller. M. E.. 3.. 

Milliron 

Seltzer 

Shlne 

Shelhamer 

Shelton 

Rrandt 

?-.rimer 

nu- 

~utr~a 

G"ng Miscevich 

~niu-emon ~oehlmann 

TT:,mllton. J. H. nlorrlk 

Hammock Mrkonic 

Shmn 

Shupnik 

Slriannl 

smith. E. 

NAYS-5 

Ge-eg Milanovlch Wlhn Zeller 

McCue 

NOT VOTING-10 

BonettO Gleason Walsh. T. P. Yahner 

OiDonato McGraw Wan~aer Zealtoas 

Dumas Myen 


the motion was agreed to. 


The House proceeded to second consideration of House 


An Act amending the "State Harness Racing Law," ap- 

proved December 22, 1959 (P. L. 1978, No. 728), increaskng 

the number of racing days; changing a penalty; chang~ng 

the rate of tax; providing for exotic wagers and further 

providing for its disposition. 

Ou the question, 

Will the House agree to the bill on second consideration? 

was agreed to. 

BILL RECOMMITTED 

Mr. IRVIS moved that House bill No. 861 be recom- 

mitted to the Committee on Appropriations. 




MOTION TO RENOVE SENATE RILL 

No. 113 FROM TABLE 


from Bucks, Mr. Gallagher. 

Mr. GALLAGHER. Mr. Speaker, I move that Senate 

bill No. 113, printer's No. 113, be removed from the table 

and read for the second time, so that it can be consider- 

eil tomorrow on third reading for amendments and pass- 

age. 


leader. 

Mr. IRVIS. Mr. Speaker, I oppose the motion and ask 

that a negative vote be cast. 

CAPU~O Hasag ~ullen.~.~. srmth. L. 

C~SLUI H7akeII M~~llm Spencer 

CianduUf 

Cirninl 

Cohen 

Cole 

Cowell 

Crnwford 

rllrnberland 

?avle(l 

riaye.. D. 5. Mlmo 

Hnyes. S. E. Novnk 

Hepford NOY~ 

vin ~'~rien 

Hopkina O'Connell 

FJutehlnwn. A. D'TIonnell 

"." ":'nson, W. O'Ke~fe 

1~1s Oliver 

Stahl 

Stapleton 

Stout 

~adaonio 

Taylor 

Thomas 

Toll 

~re~lo 



The yeas and nays were required by Messrs. GAL- 

LAGHER and IRVIS and were as follows: 

neMedlo 

T)evl)rter 

DeWeese 

Dicarlo 

Dl& 

Dinid 

Dornbrowzkl 

Dom 

Doyle 

nreihdhb 

Eclrcnsherger 

Enalehart 

F~lweett 

Fee 

Fischer 

Fisher 

Flaherty 

Foster, A. 

Foster. W. 

Itlrin Panroast 

.?otinacn, I. Parker. H. S. 

Kata Perrl 

Kelly, A. P. Ferry 

IC~1ly. J. B. Prtrnrea 

7Xrrniek Pievaky 

Klltlcr Pitts 

Rlln~ampll Polite 

Knrpper Pratt 

Kolter Prendergast 

Kowalyshyn Pyles 

Ku-e Reppaport 

LaMarca Itavenstahl 

1,audadio Reed 

Lourhlin PIenninger 

Lcderer Renwick 

Lehr Rhodes 

Letterman Richardson 

Leri Rteger 

Tutmer 

UntynorM 

V~HcentI 

Vrmn 

Wagner 

Wargo 

Wrldner 

Westerberg 

U'helan 

Wi~gtns 

Wllllams 

Wilt, R. W. 

Wilt. W. W. 

Wojdsk 

Worrilow 

Wrlght 

Yohn 

Zord 

Z*M 

YEAS-58 

4nde-n. L 8. G-orze Moehlmann 

Rellornlnl ~illespie Nnsc 

Bcren Griee~ O'Keefe 

lied0 Gring Pancoast 

Rlttl~ Hal-zersoll Psrlcer. H. 8. 

Bum Hs~r;. D, 8. Polite 

Cesssr Kistler Reed 

Cimfnl Xncoper Rennlnger 

navlrs F-urse Renwlck 

lahr Richardson 

61she ~lneolll Ryan 

Foster. W. Lynch Seheaffler 

CallaRhez MeCue Scirica 

Garzla McGinnis Seltzer 

Gemeg Mllannvlch 

Shane 

Slriannf 

Stah1 

Stapleton 

Taddonto 

Taylor 

UfitYnORki 

Weldnw 

Wmterberg 

Whelan 

wthn 

Worrilom 

Wright 

Yohn 

Freind 

Fwer 

Gallagher 

Gallen 

Liacoln 

Loeue 

Lynch 

Mandemo 

Rltter 

Rosa 

Rumem 

Iplncmm. 

Speaker 

Abreham Fner 

NAYS-133 

Mandvtno Rurs


~rthum r;sllen Manmlller Rugglera 

narber GP~RIPC McCall Saloom 

Bennett Gialnmarco McCiatehy Salvatore 

liemon c-illette McI.ane Sellrmtt 

Bradley Gleeson McIntyre Schareder 

Brandt 

Guodman MeSus Shelhamer 

arunner Green rvlc,nhorn Shelton 

Rutcrs GreenDeld Mlller. M. E. S h m 

caputo 

T


DeWeese 

Dicarlo 

Dletr 

Di,liz,nl 

DornbroanLl 

Dorr 

Doyle 

Drelbelbls 

Fee 

Fiseher 

Fisher 

Flahe* 

Foster. A. 

Poster. W. 

Fryer 

Gallagher 

Freind 

Gauen 

Kdck 

Kistler 

Klingeman 

Knepper 

Kowaiyshyn 

Kus.~ 

LaMarc* 

Laudadlo 

Laughlln 

Lederer 

Lehr 

Letterman 

Levf 

Uncoln 

Logue 

Lynch 

Manderino 

Manmtner 

McCail 

McClatchl 

NAYS-6 

Petrarea Wsrpo 

PieYbky We~dner 

Pins Westerberg 

Polite Whelm 

Pratt Wtggins 

Prendergast Wllllams 

Pyles WIL.0" 

Rappaport Wilt. R. W 

Ravemtahl Wilt. W. W 

Reed Wojdak 

Renninger Worrilow 

Benwcx wrtght 

modes Yohn 

Richardson Zener 

Rieger Zord 

Rltter Zwlkl 

Rma 

Ruggiero Fineman. 

Ryan Spcake 

Geemy Hasay Stlhl 

H~IYUSOII 

NOT VOTING-9 



affirmative. 




Will the House agree to the hill on third consideration: 

Mr. MORRIS requested and obtained unanimous con- 

sent to offer the following amendments, which were read: 

Amend Title, page 1, line 21, by removing the period 

after "Board" and inserting: and providing for certain 

police powers in the Historical and Museum Commission. 




from Chester, Mr. Morris. 

Mr. MORRIS. Mr. Speaker, I would hope that thir 

amendment could he agreed to. It represents an attempt 

to cure an unfortunate situation. By inserting this 

amendment into the Senate bill, we can have quick action. 

The situation is this, sometime in the past-and I am 

not just sure when now-the administration of Valley 

Forge Park and Washington Crossing Park was trans- 

ferred from the Department of Forest and Waters to the 

Historical and Museum Commission and somebody goofed 

at that time and did not transfer the police power with it. 

Consequently, some eager heaver has found that the 

police in these two parks apparently do not have the 

power to make arrests. This was just brought to light, 

and we are facing a crisis situation in the parks with 

thousands and thousands of visitors, and more and more 

coming all the time, and there is no way to control the 

traffic or the parking or anything else. This amendment 

takes care of that situation and, as I said, I hope it can 

he agreed to. 








Ordered, That the hill as amended he prepared for final 

LABOR RE1,ATIONS BILL ON 

THIRD CONSIDERATION 

passage. 

RULES STJSPENDED 

Agreeable to order, The SPEAKER. The Chair recognizes the majority 

The House proceeded to third consideration of Senate 10.d~~ 


Mr. IRVIS. Mr. Speaker, House hill No. 9, having failed 

An Act amending the act of April 9, 1929 (P. L. 117, No twice, may now not be called up as a matter of routine 

115), entitled "The Administrative Code of 1929," further 

providing for appointed members of the Workmen's Com. 

pensation Appeal Board. 

for a third vote, hut it is within the power of the House 

of Representatives to suspend its rules. I move now, Mr. 

Speaker, that the rules he suspended by the House so 

that House hill No. 9, printer's No. 3141, may he returned 

to the calendar. 



The yeas and nays were required by Messrs. IRVIS and 


Amend Bill. oaee 2. bv insertine after line 21: 

Sectlon 2. '~e21on 2801-~ of ?he act is amended hvl 

YEAS-106 

adding a clause to read: 

Section 2801-A. Pennsylvania Historical and Museum " I 

Commission.-Subject to any inconsistent provisions in 

this act contained, the Pennsylvania Historical and Museum 

Commission shall have the power and its duties 

shall he: 

Abr- 

Arthun 

Bubm 

B.Urnnllll 

B.Nl.n 

B"Bm 

Be- 

(el) To cmploy such police as are ncrc..sxr). to enf irce rn.&, 

Brunner 

tlcc IJ\Y a! \\'a


NAYS-84 

Andumn. LEI. Glllen Lev1 Schaner 

Berm GeerY ~mrn Eidfib 

BIRI. Grien, Manmillsr Wurnl 

Brvrdt Grins M'Cktchy bra. E. 

B- Hair- MeCw smtm. L. 

B u m Hamuton. J. H. Mebus Smer 

C- Huay Misnvlch Strhl 

Qminl EukLU Moehbmon Tsddoniu 

Cr.wiold Hayes. D. 8. Noye man. 

Cumb.rL.nd Hajn. S. E. O'Coonell .RLme 

Dart" Hcpford O'Donn.11 Vrwn 

DwoM Hill O'Kede W.ll"m 

Dletl Hutdlhun. W. Panc-t Waldnrr 

DLnind Keta Park-. A. S. Westerberg 

Dorr K.Uy. J. 8. P-ri Whrl~n 

raw& Klltl~l Pit* wilt R. W. 

FY.chez Klinsarma eoutc WUt W. W. 

rtahor Knsppr Wles WdIow 

Fmier. A. Kurat P.enninger W#t 

Postu. W. Iaderv Ryln Toh" 

Freind Lehr SaIv.tme 24I.r 

NOT VOTING-13 

-to MeGrnw Ustrnoakl YPhner 

DiDomto Mullen. M. P. W.lsh. T. P. lmr(ors 

GI.- -1- Wlirun Zmd 

Mffiinnll 



HEATATTI AND WELFARE BILL 

ON FINAL PASSAGE 

The Rules of the House having been suspended, the 

House returned to consideration on final passage of House 


An Act to promote the health and welfare of the people 

of the Commonwealth by controlling and regulating lead 

paint poisoning; prescribing the powers and duties of the 

Department of Health and the Department of Environ- 

mental Resources; authorizing lead analyses at State labo- 

ratories; creating the Interagency Coordinating Commit- 

tee and the Advisory Committee; imposing restrictions; 

providing penalties and making an appropriation. 



(Members proceeded to vote) 



whip. 

Mr. RYAN. Are Messrs. Bonetto, Dumas and Laudadio 

present? 

The SPEAKER. Will someone strike Mr. ~umas's vote 

from the hoard? 

Mr. RYAN. Is Mr. Hammock here? 

Is Mr. Hammock here, Mr. Speaker? 

The SPEAKER. The gentleman has been here, Mr. 

Ryan. 

Do you want us to call him up from his office? 





YEAS-I06 

AnrshUII George Manrlerino Richardson 

4 rthu~s ~lnrnrnareo MCC~II ~ic~cr 

aarber cillesple VrTntme Rltter 

Bellornlnl ~illette Mrl.ane Rosl 

Bennett Glec~on Mi,nhum Rugglem 

Berlln Goodman Mllanovlch Saloorn 

Bemon Tr~een I l l , M. E Sehdtt 

Bradley Greenfield Miller, M. E.. Jr. Schucder 

Blunner Hamock liimlilron Sc~rica 

Bum Iiaskeu MISCCVICII Sllane 

Caputo Hayes. D. S. Morris Shelton 

Cianciulll Hop!dns Mrkonle Sbupntk 

Colien Hutchl~lson. A. Mulien Stnpietm 

Cole IWIP Mtlrto Stout 

Cowell Itkin Navak Taylor 

'1eMedl0 Johnson. J. O'Brien Toll 

DeWeese Kelly. A. P. Oliver Rello 

Uicarlo Kerntck Perry Valiecnti 

I>urnbrowskl Kistler Petrarca Wansacz 

Onyle Koltrr Plevsky War80 

SECcruberger liuh.alyshyn Prntt Wiggins 

i'ngiehwt :.,.Milr~a Prendereest Wllliarns 

Fee Leughlln Rappaport Wolaax 

Flaherty Lederer Havenstah1 Zalkl 

GnUagha Letterman Reed 

Garzla Lincoln Renwzck hncrnm. 

Geisler Losue Rhodm Speakex 

NAYS-79 

Andem. J. EL Rye, McCue Slda~I 

Beren Gailcn Mebus Smith. E. 

R~ttle Geeaey hloehlmsnn Smth. L. 

Rrandt Grleco Mullm, Ul. P, Spencer 

[Iutera C:rtng Noye Stshl 

Cimlnl Halverlon O'ConneII Taddanio 

Crawford Hasay O'Donnell Thomas 

Cumberland liayes. S. E. O'Keeie Turner 

Davl- Iieptord Pancoast Vrwn 

DrvertU IHII Parker. H. S. Wagner 

Dlrtz iiutchinsan. W. Pitta Weldnn 

Dmmnl Katz Polite Wectrrbe;~ 

DOLT Kiingarnan Pyles ~h01.n 

Drelbelbu K~~rpper Rennlnser Wllt. R. W. 

l ~ ~ s ' " ; ~ ~ iiiisse HY an Wilt. w. w. 

I.~hr S;~Ivato~x Worrtlow 

pisher ~evt khraffer w rbght 

?aster. A. Lwch Seltzer Yohn 

mster. W. Rlanmlller Shelhanler Zeller 

hind hqrclatchy shuninn 

NOT VOTING-18 

"OnCtt0 Ilarnilton, J. H. nxyers wuson 

crs'" Kelly, 3. B. Perrn Yhrr 

L:audiidlo ~~tynoski Zesrfos. 

McGlnn,s wnhh. T. P. Zora 

Glemon MCGTBIV 



affirmative. 



QUESTION OF PERSONAL PRIVILEGE 


from Allegheny, Mr. Zord. For what purpose does the 


Mr. ZORD. I rise to a question of personal privilege. 


Mr. ZORD. Mr. Speaker, I would like to be recorded 

as voting "no" on House bill No. 9. 

The SPEAKER. The remarks of the gentleman will be 

spread upon the record. 

RULES SI!SPENDED 


leader. 

Mr. IRVIS. Mr. Speaker, all of us, I think, are aware 

of the fact that in Erie they are enjoying a renaissance 

in boxing and wrestling and it is necessary for us to 

amend the professional boxing and wrestling code or the 

Athletic Code.


There is a time problem on this particular bill. There- 

fore, Mr. Speaker, I move that Senate bill No. 1472, print- 

er's No. 1837, be taken from the table, and I ask that the 

House suspend the rules so that this bill may be read at 

this sessioh for the second time and be on third reading 

and prepared for a vote tomorrow. 



Abraham 

Arthum 

Barber 

Bellom 

Bennett 

Beren 

BerUn 

BersOn 

Blttls 

Bradley 

Brandt 

BlWeZ 

Bum 

Butern 

csputo 

ce-r 

CianciulU 

CImlnl 

Cohm 

Cole 

Cowell 

Cumberlmd 

Devlev 

DeMedlo 

11rvsmrr 

DeWeese 

DICUTIU 

Dlninnl 

l~:,mbrurratl 

Doyle 

Drrlbelbl. 

Eckrmberger 

E"g1ah.n 

Fawcett 

Fee 

Flshef' 

YI.h.rtp 

Fator. A. 

Freind 

FIYLI 

Anderson. J. E 

Dietr 

DOIT 

~16chcr 

Gccaey 

Gring 

Halvrrson 

Goodman 

Green 

Greenfield 

Grteco 

Hsmllton. J. H. 

Hammock 

HESBY 

Haskcll 

Hayes, D. S. 

IIlll 

Iiopklnr 

iiut~hlnson. A. 

Imr 

I+kln 

Johnaon. J. 

Kltl 

Kelly, A. P. 

Kelly, .r. B. 

Kernlck 

Klstlrr 

Lnughlin 

J.ederer 

Lehi 

Letterman 

Llneoln 

Iame 

Lynch 

Mandcrlno 

Manmfllcr 

Mecall 

MeClntchg 

Mebus RYG 

Menhorn SaI~atore 

Milano~fch Schcaffer 

Mlller. M. E. Schmitt 

Miller, M. E., Jr. Schweder 

Wlllran Selrles 

Mlseevlch Seltrw 

~ahl&.nn Shsne 

Mords Shelhma, 

Mrkonic Shslton 

Mullen. M. P Shupnlk 

Mullen 

S111.~1 

Mruto Srmth. d. 

Myers 

Spencer 

NO".^ Stout 

O'Brlen St.p!etm 

OConnell T.ddd.3 

O'Donnell T.,lor 

O'Kcefe Tau 

Oliver ~- -- 

h d o 

P.IICOBP~ Tumu 

Parker. H. S. v.ucentl 

Pern wIpl.r 

Per-" 

W.~.PZ 

wargo 

Wiggins 

will lam^ 

Wlh.3" 

Wllt. R. W 

Whjdak 

wornlow 

W*lsht 

Yohn 

Zeller 

ZWkl 

Finernm. 

Bpeake 

Hares. S. E. Noge VI- 

Hutchlmon. W. Fit- Wsldnar 

Kllngamm Snlaom Westerberg 

Knepper Shumsn Whehn 

KUSS~ Smith. L. Wilt. W. W 

Lev1 3Uht Zord 

LlcCue Tbomll 

NOT VOTING-12 

Dumas Hepford Walah. T. P 

P~ter. W. MrGraw Ylbner 

Gleason UntynasXl Zeario.5 




The House proceeded to second consideration of Senate 


An Act amending the act of August 31, 1955 (P. L. 531 

No. 1311, entitled "Pennsylvania Athletic Code," authoriz- 

ing amateur and professional boxing and wrestling con- 

tests and exhibitions on Sunday and making a repeal. 

And said bill having been considered the second time 

and agreed to, 

Ordered, to be transcribed for third consideration. 

THE SPEAKER PRO TEhIPOIlE 

(4. J. DeMedio) IN THE CHAII: 

QUESTION OF PERSONAL PRIVI1,EGE 

The yeas an ~d nays were required by Messrs. IRVIS anc The SPEAKER pro tempore. The Chair recognizes the 


gentleman from Philadelphia, Mr. Myers. For what purpose 

does the gentleman rise? 

Mr. MYERS. I rise to a question of personal privilege. 

The SPEAKER pro tempore. The gentleman will state 

it. 

Mr. MYERS. Mr. Speaker, on House bill No. 9, I was 

out of my seat and I would like the record to show if I 

had been there, I would have voted "yes." 

The SPEAKER pro tempore. The gentleman's remarks 

will be spread upon the record. 

HOUSE RII.J, SIGNED BY SPEAKER 

Bill numbered and entitled as follows having been pre- 

pared for presentation to the Governor and the same 

being correct, the title was read: 


An Act amcndinq thu sct of Jiir~~~ary 19, l!lG8 (IN7 1'. L. 

$96. No. 4-13), cnt~tlc{;'~hf !.and nllrl \\'ntrr Cons< rvnlion 

I R r a i o I r a n I S t I i I.:nv.:o:l- 

mental Resources the Sght to-enter certain premises for 

the purpose of conserving and reclaiming land and water 

resources; providing for liens upon such land; providing 

for the promulgation of rules and regulations; and providing 

for rights of recovery for abatement of emergency 

conditions. 

Whereupon, 

The SPEAKER, in the presence of the House, signed the 

same. 

SENATE RII,I, SIGNED 13Y SPEAI


There will be votes taken between 930 and 10:30 to- 

morrow morning. There are no further votes today. 

Thank you, Mr. Speaker. 


254), entitled, as amended, "The Fourth to Eighth Class 

County Assessment Law," further providing for the levying 

of taxes following a county-wide reassessment of real 

property. 

( HOUSE BlLL No. 1818 

An Act amending Title 20 (Decedents Estates and Fidu- 

SENATE INSISTS ON AMENDMENTS ciaries) of the Pennsylvania Consolidated Statutes, pro- 

NONCONCURRED IN BY THE HOUSE 1 viding for the acknowledgment by testator and affidavits 

,of witnesses to wills and their effect. 

The clerk of the Senate, heing introduced, informed I 

that the Senate has insisted upon its amendments non- With information that the Senate has passed the same 

concurred in bv the House of Renresentatives to HOUSE without amendment. 

BILL No. 175, 'entitled: 1 

An Act amending the act of April 9, 1929 (P. L. 177, No. 


175), entitled "The Administrative Code of 1929," providing 

for the Office of Consumer Advocate in the Depart- SENATE INSISTS ON AMENDMENTS 

ment of Justice for a limited period; and imposing powers NONCONCURRED IN BY THE HOUSE 

and duties. 

The clerk of the Senate, heing introduced, informed 

that the Senate has insisted upon its amendments nonconcurred 

in by the House of Representatives to HOUSE 

BILL No, 314, entitled: 

And has appointed KURY' SWEENEY and 

EWING a committee to confer with a similar committee 

of the House of Representatives, (if the House of Repre- 

sentatives shall appoint such committee) on the subject 

of the differences between the two Houses in relation to 

said bill. 

HOUSE INSISTS ON NONCONCURRENCE 

IN SENATE AMENDMENTS 

Mr. IRVIS moved that the House insist upon its non- 

concurrence in amendments made by the Senate to 

HOUSE BILL No. 175, printer's No. 3114, and that a Com- 

mittee of Conference be appointed. 




APPOINTMENT OF COMMITTEE OF 

CONFERENCE ON HOUSE BILL No. 175 

An Act amending the act of March 4, 1971 (P. L. 6, No. 

2), entitled "Tax Reform Code of 1971," further defining 

"dividends" and "compensation" and providing for taxa- 

tion as personal income on installment payments of real 

and personal property and further providing for tax re- 

turns. 

And has appointed Messrs. KELLEY, MYERS and AN- 

DREWS a committee to confer with a similar committee 

of the House of Representatives, (already appointed), on 

the subject of the differences between the two Houses in 

relation to said hill. 


AMENDED HOUSE BILLS 

RETURNEDFORCONCURRENCE 

The SPEAKER pro tempore. The Chair appoints the 1 The clerk of the Senate, being introduced, returned 

following members as a Committee of Conference on the 

part of the House: Mr. SCHMITT, Mrs. TOLL and Mr. 

GEESEY. 



AMENDED SENATE BILL CONCURRED IN BY SENATE 


that the Senate has concurred in the amendments made 

by the House of Representatives to 



HOUSE BILL CONCURRED IN BY SENATE 

I'OUSE No. 

An Act amending the act of May 22, 1933 (P. L. 853, No. 

155). entitled "The General County Assessment Law," 

providing for the levying of taxes following a countywide 

reassessment of real property 

HOUSE BlLL No. 460 

An Act amending the act of June 30, 1975 (No. 8-A), 

entitled "An act to provide for the expenses of the Execu- 

tive, Legislative and Judicial Departments of the Com- 

monwealth, the public debt and for the public schools for 

the fiscal period July 1, 1975 to June 30, 1976 and for the 

payment of hills incurred and remaining unpaid at the 

close of the fiscal period ending June 30, 1975," changing 

appropriations to the Departments of Treasury, Commu- 

nity Affairs, Health and Justice and to the Philadelphia 

Traffic Court and making an appropriation to the De- 

partment of Health for Tay-Sachs disease. 


An Act amending the act of April 12, 1951 (P. L. 90, No. 

21), entitled "Liquor Code," further providing for special 

ocrasinn nermits and orovidine for the renewal of snecial 

The clerk of the Senate, being introduced, returned bill 

from the House of Representatives numbered and entitled HOUSE BILL No. 1690 

as follows: 

An Act amending the act of July 27, 1955 (P. L. 288, No. 


104), entitled, as amended, ':City Property Sale Regulatim 

Law," making the act ava~lahle to cities of the second 

An Act amending the act of May 21, 1943 (P. L. 571, No. class A, boroughs, towns and townships.



WELCOMES 

An Act authorizing the Department of General Services, The SPEAKER pro tempore. The Chair is pleased to 

with the approval of the Governor and the Department Of 

Military Affairs, to transfer a portion of the Fort Indian- welcome to the hall of the House today Dr. Carl Chlud of 

town Gap to the United States of America. 

Vienna, Austria. Dr. Chlud is visiting relatives in Pennsylvania. 

He is the guest of the gentleman - from Westwith 

the information that the Senate has passed the same moreland, Mr. ~a~dadio. 

with amendments in which the concurrence of the House I - D,. chlud brought his father to the United States for a 

of Representatives is requested. I reunion with his sister, Mrs. Helen Broker, who has not 

The SPEAKER pro tempore. The bills will appear on 

seen her brother for some 66 years. 

the calendar. 

The Chair is pleased to welcome a group of ninth grade 

students from Red Land High School, including the 

daughter of Mr. Geesey, Beth Geesey. All of these stu- 

BILLS AND DISCHARGE RE:SOII,IJ'i'ION dents are here as the guests of the gentleman, Mr. Geesey. 

NOT CALLED UP 

The Chair is pleased to welcome to the hall of the House 

Mrs. Margo Geyer and her son John from Monroeville. 

The SPEAKER pro tcmpore. Remaining bills and discharge 

resolution on today's calendar are not called up. 

They are the guests of the gentleman from Westmoreland, 

Mr. Taddonio. 

FAMILY OF MR. WOJDAK WELCOMED / 

ADJOURNMENT 

Mr. MILLIRON moved that this House do now adjourn 

The SPEAKER pro tempore. The Chair is very pleased 

until Wednesday, June 9, 1976, at 9:30 a.m., e.d.t. 

to welcome Mr. and Mrs. Stephen Wojdak, who are Representative 

Woidak's mother and father. and Mr. and Mrs. On the question, 

Carichner, who are Steve's aunt and uncle. Will the~ouse agree to the motion? 

They are the guests of the Lackawanna County delega- Motion was agreed to, and (at 5:41 p.m., e.d.t.) the 

tion. House adjourned.

E:zF Katz - The Pennsylvania General Assembly

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