title 75 (ch 37) Flashcards
Leaving an unattended child in a motor vehicle.
§ 3701.1
(a) General rule.–A person driving or in charge of a motor vehicle may not permit a child under six years of age to remain unattended in the vehicle when the motor vehicle is out of the person’s sight and under circumstances which endanger the health, safety or welfare of the child.
(a.1) Applicability.–This section shall apply to the highways and trafficways of this Commonwealth and, for the purposes of this section only, the term “trafficways” shall include, but not be limited to, parking lots.
(b) Penalty.–A person who violates this section commits a summary offense. It is a separate offense for each child left unattended.
Limitations on backing.
§ 3702.
(a) General rule.–No driver shall back a vehicle unless the movement can be made with safety and without interfering with other traffic and then only after yielding the right-of-way to moving traffic and pedestrians.
(b) Limited access highways.–No driver shall back a vehicle upon any shoulder or roadway of any limited access highway.
Depositing waste and other material on highway, property or waters.
§ 3709
(a) General rule.–No person shall throw or deposit, upon any highway, or upon any other public or private property without the consent of the owner thereof or into or on the waters of this Commonwealth from a vehicle, any waste paper, sweepings, ashes, household waste, glass, metal, refuse or rubbish, or any dangerous or detrimental substance.
(b) Removal of deposited material.–
(1) Any person who drops, or permits to be dropped or thrown, upon any highway, or upon any other public or private property without the consent of the owner thereof or into or on any waters of this Commonwealth from a vehicle, any waste paper, sweepings, 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.
(2) For the purposes of this subsection a “person who permits to be dropped or thrown” from a vehicle any of the items described in paragraph (1) shall include the driver of the vehicle and the registrant of any vehicle registered in this Commonwealth from which any of the items are dropped or thrown, either by the registrant or any person operating, in possession of or present within the vehicle with the permission of the registrant, regardless of the registrant’s intent or lack of knowledge with respect to the disposal of such items in violation of this section where the registrant of the vehicle does not, with reasonable certainty, identify the driver of the vehicle at the time the violation occurred.
(c) Removal of material following accident.–Any person removing a wrecked, damaged or disabled vehicle from a highway shall remove from the highway or neutralize any glass, oil or other injurious substance resulting from the accident or disablement.
(d) Penalty.–Any person violating any of the provisions of subsection (a) or (b) commits a summary offense and shall, upon conviction, be sentenced to either or both of the following:
(1) To pay a fine of not more than:
(i) $900 for a violation which occurs in an easement purchased under the program established by section 14.1 of the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law;
(ii) $600 for a violation which occurs in an agricultural security area as defined in section 3 of the Agricultural Area Security Law; or
(iii) $300 for a violation which occurs anywhere else.
(2) Except where infirmity or age or other circumstance would create a hardship, be directed by the court in which conviction is obtained to pick up and remove litter from public property or private property, or both, with prior permission of the legal owner. If the person has no prior record of convictions for violation of this section, he may be sentenced to pick up and remove litter for not less than eight hours nor more than 16 hours. Upon a second conviction, the person may be sentenced to pick up and remove litter for not less than 16 hours and not more than 32 hours. Upon third and subsequent convictions, he may be sentenced to pick up and remove litter for not less than 40 hours and not more than 80 hours. The court shall schedule the time to be spent on such activities in such a manner that it does not interfere with the person’s employment and does not interfere substantially with the person’s family responsibilities or religious obligations.
Careless driving.
§ 3714
(a) General rule.–Any person who drives a vehicle in careless disregard for the safety of persons or property is guilty of careless driving, a summary offense.
(b) Unintentional death.–If the person who violates this section unintentionally causes the death of another person as a result of the violation, the person shall, upon conviction, be sentenced to pay a fine of $500.
(c) Serious bodily injury.–If the person who violates this section unintentionally causes the serious bodily injury of another person as a result of the violation, the person shall, upon conviction, be sentenced to pay a fine of $250.
Trespass by motor vehicle.
§ 3717
(a) General rule.–It is unlawful for a person to knowingly operate a motor vehicle on private real property other than a private road or driveway without consent of the owner or lessor of the real property.
(b) Operation of motor vehicle on private road or driveway prohibited.–Except when necessary as a result of emergency or when necessary to provide the operator a means of turning his vehicle around on portions of highways where no other means of turning around is provided, it is unlawful, without the consent of the owner or lessor, for a person to knowingly operate a motor vehicle on a private road or driveway. There shall be a rebuttable presumption that a person has knowingly violated this subsection if the owner or lessor of the road or driveway has placed, at or near the points of entry from public or private vehicular access, a gate, fence or similar obstruction or a readily visible sign that would reasonably convey that the unauthorized operation of motor vehicles on the road or driveway is prohibited.
(c) Damage to real property by operation of motor vehicle prohibited.–It is unlawful for a person to knowingly or recklessly cause damage to any real or personal property by means of the operation of a motor vehicle on private real property. There shall be a rebuttable presumption that a person has knowingly or recklessly caused damage under this subsection where digging, ground breakage or other damage to land, sod or soil or damage to trees, growing crops, ornamental flowers or shrubs or other similar flora affixed to the land or to structures, fixtures or personal property affixed to or located on the private real property has resulted from the operation of a motor vehicle on the private real property.
(d) Travel on cultivated land prohibited.–It is unlawful for a person to knowingly operate a motor vehicle on cultivated agricultural land of another without the consent of the owner or lessor. For purposes of this subsection, the term “cultivated agricultural land” includes land which is or has been recently groomed or prepared for the purpose of present or future commercial or private agricultural, silvicultural, horticultural or floricultural production, whether or not the land is currently in seed or sustaining growing crops. There shall be a rebuttable presumption that a person has knowingly operated a motor vehicle on cultivated agricultural land either if there are agricultural crops or residue from the crops visible on the land or if the owner or lessor of the land has placed near the roadside boundaries of the property visible signs which would easily convey to the operator of a motor vehicle that the land is cultivated agricultural land and that operation of a motor vehicle on it is prohibited.
Passengers in open trucks.
§ 3719.
(a) General rule.–An open-bed pickup truck or open flatbed truck may not be driven at a speed of more than 35 miles per hour if any person is occupying the bed of the truck.
(b) Children.–
(1) Such a truck may not be driven at any speed if a child less than 18 years of age is occupying the bed of the truck or trailer.
(2) This subsection shall not apply to:
(i) a child of a farmer who is being transported between parts of a farm or farms owned or operated by the farmer in order to perform work on the farm or farms;
(ii) a child possessing a valid hunting license who is being transported between a hunting camp and a hunting site or between hunting sites during hunting season;
(iii) a child who is a participant in an officially sanctioned parade, only during the course of the parade; or
(iv) a child employed to perform farm labor who is being transported between parts of a farm or farms owned or operated by the child’s employer or employers.
Theft of catalytic converter
§ 3723
(a) Offense defined.–A person commits the offense of theft of a catalytic converter if the person unlawfully takes or attempts to take possession of, carries away or exercises unlawful control over a catalytic converter with intent to deprive the rightful owner of the catalytic converter.
(b) Grading.–Except as provided under subsection (c):
(1) An offense under this section constitutes a misdemeanor of the third degree if the value of the catalytic converter unlawfully obtained is less than $50.
(2) An offense under this section constitutes a misdemeanor of the second degree if the value of the catalytic converter unlawfully obtained is $50 or more but less than $200.
(3) An offense under this section constitutes a misdemeanor of the first degree if the value of the catalytic converter unlawfully obtained is $200 or more but less than $1,000.
(4) An offense under this section constitutes a felony of the third degree if the value of the catalytic converter unlawfully obtained is $1,000 or more.
(c) Third or subsequent offenses.–An offense under this section constitutes a felony of the third degree if the offense is a third or subsequent offense, regardless of the value of the catalytic converter. For purposes of this subsection, a first and second offense include a conviction, acceptance of or other form of preliminary disposition before the sentencing on the present violation for an offense under this section.
