title 75 (ch 33) pt 3 Flashcards
Duty of driver in emergency response areas and in relation to disabled vehicles.
§ 3327.
(a) Emergency response areas.–When approaching or passing an emergency response area, a person, unless otherwise directed by an emergency service responder, shall:
(1) pass in a lane not adjacent to that of the emergency response area, if possible; or
(2) if passing in a nonadjacent lane is impossible, illegal or unsafe, pass the emergency response area at a speed of no more than 20 miles per hour less than the posted speed limit and reasonable for safely passing the emergency response area.
(a.1) Disabled vehicles.–When approaching or passing a disabled vehicle, a person shall:
(1) if it is possible to do so, pass in a lane not adjacent to that of the disabled vehicle; or
(2) if it is impossible, illegal or unsafe to comply with paragraph (1), pass the disabled vehicle at a rate of speed that is no more than 20 miles per hour less than the posted speed limit and reasonable for safely passing the disabled vehicle.
(b) Penalty.–Any person violating subsection (a) or (a.1) commits a summary offense and shall, upon conviction, pay:
(1) For a first offense, a fine of not more than $500.
(2) For a second offense, a fine of not more than $1,000.
(3) For a third or subsequent offense, a fine of not more than $2,000.
(b.1) Suspension of operating privilege.–
(1) Except as otherwise provided in paragraph (2), in accordance with section 1540 (relating to surrender of license), the department shall suspend the operating privilege of any person for 90 days upon receiving a certified record of the driver’s conviction, adjudication of delinquency or admission into an Accelerated Rehabilitative Disposition program or a preadjudication program for a violation of subsection (a) or (a.1), if the certified conviction:
(i) indicates the violation resulted in serious bodily injury to or death of another person; or
(ii) is the driver’s third or subsequent conviction for a violation of subsection (a) or (a.1).
(2) Upon receiving a certified record of the driver’s conviction, adjudication of delinquency or admission into an Accelerated Rehabilitative Disposition program or a preadjudication program for a violation of subsection (a) or (a.1), in accordance with section 1540, the department shall suspend the operating privilege of the driver in accordance with the following:
(i) For a period of six months if the certified conviction, adjudication of delinquency or admission into an Accelerated Rehabilitative Disposition program or a preadjudication program indicates the violation resulted in the serious bodily injury of an emergency service responder or a person in or near a disabled vehicle.
(ii) For a period of one year if the certified conviction, adjudication of delinquency or admission into an Accelerated Rehabilitative Disposition program or a preadjudication program indicates the violation resulted in the death of an emergency service responder or a person in or near a disabled vehicle.
(b.2) Penalties for bodily injury or death in emergency response areas.–In addition to any other penalty prescribed by law, a driver who violates subsection (a) and causes bodily injury to, serious bodily injury to or the death of an emergency service responder or another person commits an offense and shall, upon conviction, as follows:
(1) For causing bodily injury as defined in 18 Pa.C.S. § 2301 (relating to definitions), pay a fine of not more than $1,000.
(2) For causing serious bodily injury, pay a fine of not more than $5,000.
(3) For causing death, pay a fine of not more than $10,000.
Limitations on turning around.
§ 3332
(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 safety and without interfering with other traffic.
(b) Turns on curves or grades.–No vehicle shall be turned so as to proceed in the opposite direction 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.
Moving stopped or parked vehicle.
§ 3333
No person shall move a vehicle which is stopped, standing or parked unless and until the movement can be made with safety.
Turning movements and required signals.
§ 3334.
(a) General rule.–Upon a roadway no person shall turn a vehicle or move from one traffic lane to another or enter the traffic stream from a parked position unless and until the movement can be made with reasonable safety nor without giving an appropriate signal in the manner provided in this section.
(b) Signals on turning and starting.–At speeds of less than 35 miles per hour, an appropriate signal of intention to turn right or left shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning. The signal shall be given during not less than the last 300 feet at speeds in excess of 35 miles per hour. The signal shall also be given prior to entry of the vehicle into the traffic stream from a parked position.
(c) Limitations on use of certain signals.–The signals required on vehicles by section 3335(b) (relating to signals by hand and arm or signal lamps) shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or “do pass” signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.
(d) Discontinuing turn signals.–Turn signals shall be discontinued immediately after completing the turn or movement from one traffic lane to another traffic lane.
Vehicles required to stop at railroad crossings.
§ 3342.
(a) General rule.–Except as provided in subsection (c), the driver of any vehicle described in subsection (b), before crossing at grade any track or tracks of a railroad, shall stop the vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad crossing and while so stopped shall listen and look in both directions along the track for any approaching train, and for signals indicating the approach of a train. When it is safe to do so, the driver of the vehicle shall drive the vehicle across the tracks only in such gear of the vehicle that there will be no necessity for manually changing gears while traversing the crossing. The driver shall not manually shift gears while crossing the track or tracks.
(b) Vehicles subject to stopping requirement.–Subsection (a) shall apply to the following vehicles:
(1) Any vehicle designated by the department in accordance with the provisions of subsection (d).
(2) A school bus, whether or not carrying passengers.
(3) Every truck and tractor combination which carries gasoline, diesel fuel, fuel oil, explosives or radioactive materials.
(4) Every bus transporting passengers.
(5) Any vehicle specified in 49 CFR 392.10(a) (relating to railroad grade crossings; stopping required) or any current amendment or modification to that section published by the United States Department of Transportation.
(c) Exceptions.–Subsection (a) does not apply at any of the following:
(1) Any railroad grade crossing at which traffic is controlled by a police officer or flagman, who indicates that the vehicle is not required to stop.
(2) Any railroad grade crossing at which traffic is regulated by a functioning highway traffic-control signal transmitting a green indication for the direction of travel of the vehicle.
(3) Any railroad grade crossing at which an official traffic-control device gives notice that the stopping requirement imposed by this section does not apply.
(4) Any abandoned railroad grade crossing which is marked by the former rail operator with a sign prescribed by the department indicating that the rail line is abandoned.
(5) An industrial or spur line railroad grade crossing marked with a sign reading “exempt.” Such a sign shall be erected only by or with the consent of the Pennsylvania Public Utility Commission.
(d) Notice of vehicles subject to section.–The department shall publish in the Pennsylvania Bulletin a notice describing the vehicles which must comply with the stopping requirements of subsection (a). In developing the list of vehicles, the department shall give consideration to the hazardous nature of any substance carried by the vehicle as determined by the department and to the number of passengers carried by the vehicle in determining whether the vehicle shall be required to stop. This list of vehicles shall correlate with and so far as possible conform to the regulations of the United States Department of Transportation as amended from time to time.
(e) Use of vehicle hazard lights.–The driver of any vehicle mentioned in subsection (b)(2) and (3) shall activate the vehicle hazard lights when stopping at the railroad crossing.
(f) Penalty.–A violation of this section constitutes a summary offense punishable by a fine of from $100 to $150, except that a violation of subsection (b) or (e) shall be punishable by a fine of from $200 to $500.
(g) Requirement upon approaching tracks.–Upon approaching any track of a railroad, the driver of every commercial motor vehicle as defined by section 1603 (relating to definitions) other than those listed in subsection (b) shall:
(1) reduce the rate of speed of the commercial motor vehicle and check that the tracks are free of approaching trains; and
(2) stop the vehicle if the tracks are not clear
Meeting or overtaking school bus.
§ 3345
(a) Duty of approaching driver when red signals are flashing.–Except as provided in subsection (g), the driver of a vehicle meeting or overtaking any school bus stopped on a highway or trafficway shall stop at least ten feet before reaching the school bus when the red signal lights on the school bus are flashing and the side stop signal arms are activated under section 4552(b.1) (relating to general requirements for school buses). The driver shall not proceed until the flashing red signal lights are no longer actuated. In no event shall a driver of a vehicle resume motion of the vehicle until the school children who may have alighted from the school bus have reached a place of safety. The driver of a vehicle approaching an intersection at which a school bus is stopped shall stop his vehicle at that intersection until the flashing red signal lights are no longer actuated.
(a.1) Reports by school bus operators.–
(1) The operator of a school bus who observes a violation of subsection (a) may prepare a signed, written report which indicates that a violation has occurred. To the extent possible, the report shall include the following information:
(i) Information, if any, pertaining to the identity of the alleged violator.
(ii) The license number and color of the vehicle involved in the violation.
(iii) The time and approximate location at which the violation occurred.
(iv) Identification of the vehicle as an automobile, station wagon, motor truck, motor bus, motorcycle or other type of vehicle.
(v) Whether the school bus is equipped with a side stop signal arm enforcement system under section 3345.1 (relating to automated enforcement of failure to stop for school bus with flashing red lights).
(2) Within 48 hours after the violation occurs, the school bus operator shall deliver a copy of the report to a police officer having authority to exercise police power in the area where the violation occurred. If the police officer believes that the report establishes a sufficient basis for the issuance of a citation, the officer shall file a citation and the report with the issuing authority. If the issuing authority determines that the report and citation establish a sufficient basis for the issuance of a summons, a summons shall be issued in accordance with general rules governing the institution of proceedings in summary traffic offense cases. The issuing authority shall send the defendant a copy of the citation, together with a statement that it was filed by the police officer named in the citation on the basis of information received.
(3) A person may institute a proceeding pursuant to this subsection or in accordance with any means authorized by the Rules of Criminal Procedure.
(b) Duty of approaching driver when amber signals are flashing.–The driver of a vehicle meeting or overtaking any school bus shall proceed past the school bus with caution and shall be prepared to stop when the amber signal lights are flashing.
(j) Penalty.–A person who violates subsection (a) or (f.1) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $250 and a $35 surcharge. The surcharge shall be deposited into the School Bus Safety Grant Program Account.
Stopping, standing and parking outside business and residence districts
§ 3351
(a) General rule.–Outside a business or residence district, no person shall stop, park or stand any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or stand the vehicle off the roadway. In the event it is necessary to stop, park or stand the vehicle on the roadway or any part of the roadway, an unobstructed width of the highway opposite the vehicle shall be left for the free passage of other vehicles and the vehicle shall be visible from a distance of 500 feet in each direction upon the highway.
(b) Exception for disabled vehicles.–This section and sections 3353 (relating to prohibitions in specified places) and 3354 (relating to additional parking regulations) do not apply to the driver of any vehicle which is disabled in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving the vehicle in that position.
Removal of vehicle by or at direction of police.
§ 3352
(a) Outside business and residence districts.–Whenever any police officer finds a vehicle in violation of any of the provisions of section 3351 (relating to stopping, standing and parking outside business and residence districts), the officer may move the vehicle, or cause the vehicle to be moved, or require the driver or other person in charge of the vehicle to move the vehicle, to a position off the roadway where the vehicle will not interfere unduly with the normal movement of traffic or constitute a safety hazard.
(b) Unattended vehicle obstructing traffic.–Any police officer may remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, causeway or in any tunnel, in such position or under such circumstances as to interfere unduly with the normal movement of traffic or constitute a safety hazard.
(c) Removal to garage or place of safety.–Any police officer may remove or cause to be removed to the place of business of the operator of a wrecker or to a nearby garage or other place of safety any vehicle found upon a highway under any of the following circumstances:
(1) Report has been made that the vehicle has been stolen or taken without the consent of its owner.
(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 required by law to take the person arrested 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 abandoned as defined in this title. The officer shall comply with the provisions of Chapter 73 (relating to abandoned vehicles and cargos).
(d) Notice to owner prior to removal.–
(1) Prior to removal of an abandoned vehicle bearing a registration plate, current certificate of inspection or vehicle identification number plate by which the last registered owner of the vehicle can be determined, the police department shall send a notice by certified mail to the last registered owner of the vehicle informing the owner that unless the vehicle is moved to a suitable location within seven days of the date notice is mailed, the vehicle will be removed under this section and held at a suitable facility where it may be reclaimed by the owner in accordance with the provisions of section 7306 (relating to payment of costs upon reclaiming vehicle). If the abandoned motor vehicle does not bear an identifiable registration plate, current certificate of inspection or vehicle identification number plate, the notice may be secured to the vehicle.
(2) If, within the seven-day period, the owner so requests, the owner shall be given an opportunity to explain to the police officer or department why the owner believes the vehicle should not be removed. If the police officer or department determines that the vehicle shall, nonetheless, be removed, the owner shall be given an additional 48 hours to remove the vehicle, have it removed or demand a hearing, which shall conform to the requirements of 2 Pa.C.S. Ch. 5 Subch. B (relating to practice and procedure of local agencies). The police officer or department shall inform the owner of the right to a hearing by delivering to the owner a notice warning the owner that, unless the vehicle is removed or a hearing is demanded, the owner shall be subject to the provisions of section 7306. If, as a result of the hearing, it is determined that the vehicle will be removed, the owner shall be given an additional 48 hours to remove the vehicle or have it removed. The hearing shall be before a civilian officer or employee of the municipality in which the vehicle is located.
(3) The provision for notice set forth in this subsection is applicable only if the vehicle is abandoned upon a highway and is not in violation of subsection (b) or section 3351(a) or 3353. Notice under this subsection is in addition to any other notice requirements provided in Chapter 73.
(4) This subsection does not apply to nonrepairable vehicles.
Additional parking regulations.
§ 3354
(a) Two-way highways.–Except as otherwise provided in this section, every vehicle standing or parked upon a two-way highway shall be positioned parallel to and with the right-hand wheels within 12 inches of the right-hand curb or, in the absence of a curb, as close as practicable to the right edge of the right-hand shoulder.
(b) One-way highways.–Except as otherwise provided in this section, every vehicle standing or parked upon a one-way highway shall be positioned parallel to the curb or edge of the highway in the direction of authorized traffic movement with its right-hand wheels within 12 inches of the right-hand curb or, in the absence of a curb, as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left-hand curb or, in the absence of a curb, as close as practicable to the left edge of the left-hand shoulder.
(c) Angle parking.–Local authorities may permit angle parking on any highway after an engineering and traffic study has determined that the highway is of sufficient width to permit angle parking without interfering with the free movement of traffic, except that on a State-designated highway prior approval of the department shall also be obtained.
(d) Person with a disability and disabled veterans.–
(1) When a motor vehicle bearing a person with a disability or severely disabled veteran plate or displaying a person with a disability or severely disabled veteran parking placard as prescribed in this title is being operated by or for the transportation of the person with a disability or severely disabled veteran, the driver shall be relieved of any liability for parking for a period of 60 minutes in excess of the legal parking period permitted by local authorities except where local ordinances or police regulations provide for the accommodation of heavy traffic during morning, afternoon or evening hours.
(2) At the request of a person with a disability or severely disabled veteran, local authorities may erect on the highway as close as possible to the person’s or veteran’s place of residence a sign or signs indicating that that place is reserved for a person with a disability or severely disabled veteran, that no parking is allowed there by others, and that any unauthorized person parking there shall be subject to a fine and may be towed. The absence of a sign stating the penalty amount indicated in subsection (f) at parking spaces designated with an international symbol for access for persons with disabilities on a sign shall not preclude the enforcement of this subsection. A vehicle may only be towed under this paragraph if the parking space is posted with a sign indicating that vehicles in violation of this section may be towed.
(2.1) Local authorities may limit access to a parking space reserved under paragraph (2) to a specific vehicle, license plate or other method of designation. Under this paragraph, local authorities may charge a reasonable fee and shall comply with section 6109 (relating to specific powers of department and local authorities) and the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327).
(3) (i) Except for persons parking vehicles lawfully bearing a person with a disability or severely disabled veteran registration plate or displaying a person with a disability or severely disabled veteran parking placard when such vehicles are being operated by or for the transportation of a person with a disability or a severely disabled veteran, no person shall park a vehicle on public or private property reserved for a person with a disability or severely disabled veteran which property has been so posted in accordance with departmental regulations. Regulations shall require that parking spaces designated with an international symbol for access for persons with disabilities on a sign are posted with a sign stating the penalty amount indicated in subsection (f) and that vehicles in violation of the subsection may be towed and require that signs be replaced when they become either obsolete or missing with all costs to replace the necessary signs to be borne by the persons responsible for signing the particular location. The absence of a sign stating the penalty amount at parking spaces designated with an international symbol for access for persons with disabilities shall not preclude the enforcement of this subsection. A vehicle which is unlawfully parked in a designated person with a disability parking area may be removed from that area by towing and may be reclaimed by the vehicle owner upon payment of the towing costs. A vehicle may only be towed under this paragraph if the parking space is posted with a sign indicating that vehicles in violation of this section may be towed.
(ii) Local authorities shall have the power and may, by ordinance or resolution, authorize a person with a disability and severely disabled veterans to issue statements to violators or violating vehicles for violation of subparagraph (i). The form of the statement shall be as prescribed by the local authorities.
(iii) No occupancy or driveway permit may be issued to a person whose property is reserved for a person with a disability or a severely disabled veteran if the property is not posted with a sign stating the penalty amount indicated in subsection (f).
(d.1) Obstructing movement.–A person may not obstruct a space on public or private property reserved for a person with a disability or a part of a curb ramp or the access aisle adjacent to a parking space reserved for a person with a disability in a manner that would prevent a person or wheelchair or personal mobility device from entering or leaving a vehicle legally parked in an adjoining space.
(f) Penalty.–A person violating subsection (a), (b) or (d)(1) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $15. A person violating subsection (d)(2) or (3) or (e) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $50 nor more than $200. If a person is convicted under subsection (d)(2) or (3) in the absence of a sign stating the penalty amount, the fine imposed may not exceed $50. A person violating subsection (d.1) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $300.
