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