There is a newer version of the Pennsylvania Consolidated Statutes
2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 1 - General Provisions
102 - Definitions.
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
"Abandoned vehicle."
(1) A vehicle (other than a pedalcycle) shall be
presumed to be abandoned under any of the following
circumstances, but the presumption is rebuttable by a
preponderance of the evidence:
(i) The vehicle is physically inoperable and is left
unattended on a highway or other public property for more
than 48 hours.
(ii) The vehicle has remained illegally on a highway
or other public property for a period of more than 48
hours.
(iii) The vehicle is left unattended on or along a
highway or other public property for more than 48 hours
and does not bear all of the following:
(A) A valid registration plate.
(B) A current certificate of inspection.
(C) An ascertainable vehicle identification
number.
(iv) The vehicle has remained on private property
without the consent of the owner or person in control of
the property for more than 24 hours.
(2) Vehicles and equipment used or to be used in
construction or in the operation or maintenance of highways
or public utility facilities, which are left in a manner
which does not interfere with the normal movement of traffic,
shall not be considered to be abandoned.
"Active work zone." The portion of a work zone where
construction, maintenance or utility workers are located on the
roadway, berm or shoulder.
"Agent service." A person that has been authorized by the
Department of Transportation to act as a card agent, a full
agent or an issuing agent.
"Alley." A street or highway intended to provide access to
the rear or side of lots or buildings in urban districts and not
intended for the purpose of through vehicular traffic.
"Ambulance." Any vehicle which is specifically designed,
constructed or modified and equipped and is used or intended to
be used and is maintained or operated for the purpose of
providing emergency medical care to and transportation of human
patients. The term includes advanced or basic life support
vehicles that may or may not transport such patients.
"Antique motor vehicle." A motor vehicle, but not a
reproduction thereof, manufactured more than 25 years prior to
the current year which has been maintained in or restored to a
condition which is substantially in conformance with
manufacturer specifications.
"Articulated bus." A bus designed to transport passengers
and on which passengers are authorized to be transported,
consisting of two or more units or sections permanently
assembled in tandem by flexible connections which permit
passenger movement throughout the length of the bus.
"Authorized vehicle." A vehicle or type of vehicle, other
than an emergency vehicle, for which special operating or
equipment privileges are given by law or regulation of the
department based on design and utility for work within a
highway.
"Automated red light enforcement system." A vehicle sensor
installed to work in conjunction with a traffic-control signal
which automatically produces one or more recorded images of a
vehicle at the time the vehicle is used or operated in a manner
which is a violation under this title.
"Blood delivery vehicle." Any vehicle which is used or
intended to be used and is maintained or operated for the
purpose of transporting blood or blood products on an emergency
basis.
"Bus."
(1) A motor vehicle designed to transport 16 or more
passengers, including the driver; or
(2) a motor vehicle, other than a taxicab or limousine,
designed to transport not more than 15 passengers, including
the driver, and used for the transportation of persons for
compensation.
The term does not include a vehicle used in a ridesharing
arrangement, as defined in the act of December 14, 1982
(P.L.1211, No.279), entitled "An act providing for ridesharing
arrangements and providing that certain laws shall be
inapplicable to ridesharing arrangements," or a school bus.
"Business district." The territory contiguous to and
including a highway when within any 600 feet along the highway
there are buildings in use for business or industrial purposes,
including but not limited to hotels, banks, or office buildings,
railroad stations and public buildings which occupy at least 300
feet of frontage on one side or 300 feet collectively on both
sides of the highway.
"Cancel." To void or terminate by formal action of the
department any license, registration or privilege issued or
granted by the department to which the individual is no longer
entitled.
"Chemical test or testing." Analysis performed on a
biological material, including but not limited to breath, blood
or urine, to determine the identity or concentration or both of
particular constituents such as alcohol or controlled
substances. Test procedures may rely on one or more physical or
chemical properties of the constituent and utilize instrumental
or chemical analysis techniques to accomplish the determination.
"Classic motor vehicle." A motor vehicle, but not a
reproduction thereof, manufactured at least 15 years prior to
the current year which has been maintained in or restored to a
condition which is substantially in conformity with manufacturer
specifications and appearance. Any classic motor vehicle
registered under section 1340 (relating to antique and classic
plates) on the effective date of the amendment to this
definition which fails to qualify as a classic motor vehicle
pursuant to these provisions may retain such classic
registration unless another type of registration is applied for
and issued for the vehicle.
"Collectible motor vehicle." A reconstructed or modified
motor vehicle substantially modified from the manufacturer's
original specifications and appearance and maintained in a
collectible condition as determined by the Department of
Transportation.
"Combination." Two or more vehicles physically
interconnected in tandem.
"Commercial driver." A person who is either a commercial
driver license holder as defined in section 1603 (relating to
definitions) or who is driving a commercial motor vehicle.
"Commercial implement of husbandry." An implement of
husbandry that:
(1) Is a self-propelled vehicle.
(2) Is used commercially.
(3) Is operated or moved upon highways for not more than
180 days in a calendar year.
The term also includes any other vehicle determined by the
department to be a commercial implement of husbandry.
"Construction truck." A three or four axle truck engaged in
construction operations.
"Containerized cargo." Manifested international freight in a
sealed, seagoing container.
"Converter gear." A trailer designed and used exclusively to
tow a semitrailer by mounting the semitrailer on the fifth wheel
of the converter gear. The term includes the terms "auxiliary
axle" and "jeep dolly."
"Court." Includes (when exercising criminal or quasi-
criminal jurisdiction pursuant to 42 Pa.C.S. § 1515 (relating to
jurisdiction and venue) or concerning the receipt, storage,
reproduction, electronic transmission and admissibility of
documentation under section 1377 (relating to judicial review)
or 1550 (relating to judicial review)) a district justice or
issuing authority or the equivalent official from the Federal
Government or another state.
"Crosswalk."
(1) That part of a roadway at an intersection included
within the connections of the lateral lines of the sidewalks
on opposite sides of the highway, measured from the curbs or,
in the absence of curbs, from the edges of the traversable
roadway; and, in the absence of a sidewalk on one side of the
roadway, that part of a roadway included within the extension
of the lateral lines of the existing sidewalk.
(2) Any portion of a roadway at an intersection or
elsewhere distinctly indicated for pedestrian crossing by
lines or other markings on the surface.
"Dealer." A person engaged in the business of buying,
selling or exchanging vehicles.
"Department." The Department of Transportation of the
Commonwealth.
"District justice." (Deleted by amendment).
"Divided highway." A highway divided into two or more
roadways and so constructed as to impede vehicular traffic
between the roadways by providing an intervening space, physical
barrier or clearly indicated dividing section.
"Driveaway-towaway operation." Any operation in which any
motor vehicle, trailer or semitrailer, singly or in combination,
constitutes the commodity being transported, when one set or
more of wheels of the vehicle are on the highway during the
course of transportation, whether or not the vehicle furnished
the motive power.
"Driver." A person who drives or is in actual physical
control of a vehicle.
"Driver's license." A license or permit to drive a motor
vehicle issued under this title.
"Electric personal assistive mobility device" or "EPAMD." A
self-balancing, two-nontandem-wheeled device designed to
transport only one person with an electric propulsion system.
"Electric vehicle." A motor vehicle which operates solely by
use of a battery or battery pack and which meets the applicable
Federal motor vehicle safety standards. The term includes a
motor vehicle which is powered mainly through the use of an
electric battery or battery pack but which uses a flywheel that
stores energy produced by the electric motor or through
regenerative braking to assist in operation of the motor
vehicle.
"Emergency vehicle." A fire department vehicle, police
vehicle, sheriff vehicle, ambulance, blood delivery vehicle,
human organ delivery vehicle, hazardous material response
vehicle, armed forces emergency vehicle, one vehicle operated by
a coroner or chief county medical examiner and one vehicle
operated by a chief deputy coroner or deputy chief county
medical examiner used for answering emergency calls, any vehicle
owned and operated by the Philadelphia Parking Authority
established in accordance with 53 Pa.C.S. Ch. 55 (relating to
parking authorities) and used in the enforcement of 53 Pa.C.S.
Ch. 57 (relating to taxicabs and limousines in first class
cities), or any other vehicle designated by the State Police
under section 6106 (relating to designation of emergency
vehicles by Pennsylvania State Police), or a privately owned
vehicle used in answering an emergency call when used by any of
the following:
(1) A police chief and assistant chief.
(2) A fire chief, assistant chief and, when a fire
company has three or more fire vehicles, a second or third
assistant chief.
(3) A fire police captain and fire police lieutenant.
(4) An ambulance corps commander and assistant
commander.
(5) A river rescue commander and assistant commander.
(6) A county emergency management coordinator.
(7) A fire marshal.
(8) A rescue service chief and assistant chief.
"Engineering and traffic study." An orderly examination or
analysis of physical features and traffic conditions conducted
in accordance with regulations of the department and conforming
to generally accepted engineering standards and practices for
the purpose of ascertaining the need or lack of need for a
particular action by the department or local authorities.
"Essential parts." All major component parts of a vehicle of
a type required to be registered under this title, the removal,
alteration or substitution of which would tend to conceal the
identity of the vehicle or substantially alter its appearance,
model, type or mode of operation.
"Established place of business." The place actually occupied
either continuously or at regular periods by a dealer,
manufacturer or other vehicle-related business where the books
and records are kept and a large share of the business is
transacted.
"Exhibit." Surrender of a document into the temporary
possession of a person for the purpose of examining the
document.
"Farm equipment." A vehicle that is specifically designed
and manufactured for and used exclusively in agriculture to
plant, seed, cultivate, harvest or apply soil nutrients,
fertilizers or chemicals. The term also includes any other
vehicle determined by the department to be farm equipment.
"Farm vehicle." A truck or truck tractor determined by the
Department of Transportation to be used exclusively for
agricultural purposes.
"Fire department vehicle." A vehicle owned or leased by an
organized paid or volunteer fire department.
"Fleet owner." A person, Federal, State or local government
agency or authority owning or leasing 15 or more vehicles who or
which provides servicing and repair of the vehicles.
"Foreign vehicle." A vehicle of a type required to be
registered under this title brought into this Commonwealth from
another state, territory or country other than in the ordinary
course of business by or through a manufacturer or dealer and
not registered in this Commonwealth.
"Freeway." A limited access highway to which the only means
of ingress and egress is by interchange ramps.
"Full trailer." A trailer so constructed that no part of its
weight rests upon the towing vehicle. A semitrailer attached to
a towing vehicle by means of an auxiliary front axle or dolly
shall be deemed to be a full trailer.
"General rule." A rule or order promulgated by the governing
authority, as defined in 42 Pa.C.S. § 102 (relating to
definitions), of the unified judicial system.
"Gross combination weight rating (GCWR)." The value
specified by the manufacturer as the loaded weight of a
combination.
"Gross vehicle weight rating (GVWR)." The value specified on
the Federal weight certification label by the manufacturer as
the loaded weight of a single vehicle.
"Gross weight." The combined weight of a vehicle or
combination of vehicles and its load excluding the driver's
weight.
"Hazardous material." Any explosive, blasting agent,
flammable liquid, combustible liquid, flammable solid, flammable
or nonflammable compressed gas, corrosive material, poison,
poison gas, irritant, oxidizer, organic peroxide, radioactive
material, etiologic agent, cryogenic liquid, hazardous waste,
hazardous substance or other material which the department by
procedure prescribed in Chapter 83 (relating to hazardous
materials transportation) declares to be a hazardous material.
"Hazardous material response vehicle." A vehicle owned or
leased by a hazardous material response team certified through
the Pennsylvania Emergency Management Agency.
"Highway." The entire width between the boundary lines of
every way publicly maintained when any part thereof is open to
the use of the public for purposes of vehicular travel. The term
includes a roadway open to the use of the public for vehicular
travel on grounds of a college or university or public or
private school or public or historical park.
"House coach." A vehicle with an enclosed area which is
designed, constructed or equipped for use, either permanently or
temporarily, as a dwelling place, living abode, sleeping place
or camping accommodation. A house coach includes motor homes,
slide-in cabins and sleeping units specifically designed for
mounting on a pickup truck and sleeping cabins designed for use
on trucks and truck tractors operated for heavy-duty, long-
distance hauling.
"House trailer."
(1) A trailer which is designed, constructed and
equipped as a dwelling place, living abode or sleeping place
(either permanently or temporarily) and is equipped for use
as a conveyance on streets and highways.
(2) A trailer containing a chassis and exterior shell
designed and constructed for use as a house trailer, as
defined in paragraph (1), but which is used permanently or
temporarily for advertising, sales, display or promotion of
merchandise or services, or for any other commercial purpose
except the transportation of property.
"Human organ delivery vehicle." Any vehicle which is used or
intended to be used and is maintained or operated for the
purpose of transporting human organs or human tissue on an
emergency basis.
"Hybrid electric vehicle." An electric vehicle which allows
power to be delivered to the drive wheels solely by a battery-
powered electric motor but which also incorporates the use of a
combustion engine to provide power to the battery and which
meets the applicable Federal motor vehicle safety standards. The
primary source of power for the motor must be the electric
battery or battery pack and not the combustion engine.
"Implement of husbandry." Farm equipment that meets all of
the following criteria:
(1) Is equipped with pneumatic tires except if
prohibited by religious beliefs.
(2) Is infrequently operated or moved upon highways.
(3) Is used in agriculture for any of the following
purposes:
(i) performance of agriculture production or
harvesting activities for the farmer's agricultural
operations; or
(ii) transportation of agricultural products or
agricultural supplies for the benefit of the farmer's
agricultural operations.
The term also includes earthmoving equipment and any other
vehicle determined by the department to be an implement of
husbandry.
"Intersection."
(1) The area embraced within the prolongation or
connection of the lateral curb lines, or, if none, then the
lateral boundary lines of the roadways of two highways which
join one another at, or approximately at, right angles, or
the area within which vehicles traveling upon different
highways joining at any other angle may come in conflict.
(2) Where a highway includes two roadways 30 feet or
more apart, then every crossing of each roadway of the
divided highway by an intersecting highway shall be regarded
as a separate intersection. In the event the intersecting
highway also includes two roadways 30 feet or more apart,
then every crossing of two roadways of the highways shall be
regarded as a separate intersection.
"Interstate highway." A freeway on the Dwight D. Eisenhower
System of Interstate and Defense Highways.
"Issuing authority." A public official having the power and
authority of a magisterial district judge.
"Laned roadway." A roadway which is divided into two or more
clearly marked lanes for vehicular traffic.
"Learner's permit." A permit issued for the purpose of
learning to operate a motor vehicle.
"Lienholder." A person holding a security interest in a
vehicle.
"Limited access highway." A highway in respect to which
owners or occupants of abutting lands and other persons have no
legal right of access except at points and in the manner
determined by the authority having jurisdiction over the
highway.
"Limousine." A motor vehicle designed for carrying no more
than nine passengers, exclusive of the driver, and used for the
transportation of persons for compensation.
"Local authorities." County, municipal and other local
boards or bodies having authority to enact laws relating to
traffic. The term also includes airport authorities, except
where those authorities are located within counties of the first
class or counties of the second class.
"Magisterial district judge." Includes a judge of a
community court, of the Pittsburgh Magistrates Court, and of the
Traffic Court of Philadelphia when exercising the jurisdiction
of a magisterial district judge under this title.
"Major component parts." Includes any of the following parts
of a vehicle: engine, transmission, front-end assemblies or
unibodies structure which may consist of headlight, grille,
fenders, bumpers and hood; fenders; hood; any door; any bumper;
pickup box or cargo box; airbags; computer assembly; radio or
stereo components; or trunk lid, deck lid, tailgate or
hatchback, whichever is present.
"Manufactured construction unit." A building manufactured in
sections in a production plant, transported to a site and set on
a foundation to form a complete commercial or institutional
noncombustible building.
"Manufacturer." A person engaged in the business of
constructing or assembling vehicles or motors or bodies of
vehicles.
"Manufacturer's shipping weight." The weight of a vehicle
including all installed options as delivered for retail sale by
the final stage manufacturer and as indicated on the
manufacturer's certificate of origin.
"Mass transit vehicle." A self-propelled or electrically
propelled device designed for carrying 15 or more passengers
exclusive of the driver, other than a taxicab, designed and used
for the transportation of persons for compensation, including
but not limited to subway cars, buses, trolleys and trackless
trolleys but excluding railroad passenger cars.
"Maxi-cube vehicle." A combination. The truck may have
either a detachable or permanently attached cargo box. The cargo
box on the trailer shall be designed such that the truck may be
loaded and unloaded through the trailer. Neither cargo box shall
exceed 34 feet in length, and the overall length of the
combination shall not exceed 65 feet.
"Messenger service." A person who, for a fee, advertises,
offers or provides to the public the service of obtaining from
the department vehicle titles, registrations, drivers' licenses
and similar documents. A dealer who obtains documents only for
purchasers of vehicles from the dealer is not a messenger
service.
"Mileage." The actual distance that a vehicle has traveled.
"Mobile home." A trailer designed and used exclusively for
living quarters or commercial purposes which exceeds the maximum
size limitations prescribed by this title for operation on a
highway and is only incidentally operated on a highway.
"Modified vehicle." A vehicle of a type required to be
registered under this title materially altered by the addition,
deletion, substitution or modification of the body, chassis or
essential parts, new or used. The term does not include vehicles
that have been repaired to the function and appearance of
vehicles in their original condition or vehicles where final-
stage or second-stage manufacturers provide a manufacturer
statement of origin or a federally required certification label
at the time of the original title and registration application.
"Modular housing undercarriage." A trailer which is used to
transport a modular housing unit.
"Modular housing unit." A unit transported on a removable or
nonremovable frame designed for residential purposes which is
wholly or in substantial part fabricated, formed or assembled in
manufacturing facilities for assembly and installation on the
building site.
"Motor carrier vehicle."
(1) A truck, truck tractor or combination having a gross
vehicle weight rating, gross combination weight rating,
registered gross weight, registered combination weight or
actual gross weight of 17,001 pounds or more.
(2) A truck, truck tractor or combination engaged in
interstate commerce and having a gross vehicle weight rating,
gross combination weight rating, registered gross weight,
registered combination weight or actual gross weight of
10,001 pounds or more.
"Motor home." A motor vehicle designed or adapted for use as
a mobile dwelling or office, except a motor vehicle equipped
with a truck-camper.
"Motor vehicle." A vehicle which is self-propelled except an
electric personal assistive mobility device or a vehicle which
is propelled solely by human power.
"Motorcycle." A motor vehicle having a seat or saddle for
the use of the rider and designed to travel on not more than
three wheels in contact with the ground.
"Motor-driven cycle." A motorcycle, including a motor
scooter, with a motor which produces not to exceed five brake
horsepower.
"Motorized pedalcycle." A motor-driven cycle equipped with
operable pedals, a motor rated no more than 1.5 brake
horsepower, a cylinder capacity not exceeding 50 cubic
centimeters, an automatic transmission, and a maximum design
speed of no more than 25 miles per hour or an electric motor-
driven cycle equipped with operable pedals and an automatic
transmission powered by an electric battery or battery pack-
powered electric motor with a maximum design speed of no more
than 25 miles per hour.
"Multipurpose agricultural vehicle." A motor vehicle which
is 60 inches or less in width and 1,200 pounds or less in dry
weight and which is used exclusively for agricultural operations
and only incidentally operated or moved upon the highways.
"Nondivisible." Incapable of being divided into parts or
dismembered without substantially damaging its usefulness or
value.
"Nonrepairable vehicle." An abandoned vehicle under
paragraph (1)(iii) of the definitions of "abandoned vehicle"
which is incapable of safe operation for use on roadways or
highways and which has no resale value except as a source of
parts or scrap only, a salvage vehicle issued a nonrepairable or
nonrebuildable vehicle document by another state or a vehicle
which a salvor or vehicle salvage dealer designates as a source
for parts or scrap or which the owner irreversibly designates as
a source for parts or scrap. Such vehicles may not be issued a
certificate of title or certificate of salvage.
"Nonresident." A person who is not a resident of this
Commonwealth.
"Number." When used in the context of identification means a
series of numerals or letters or both, with or without a prefix
or suffix.
"Numbered traffic route." A highway which has been assigned
an interstate, United States or Pennsylvania route number,
consisting of three or fewer digits, to aid motorists in their
travels.
"Occupational limited license." A license, issued under this
title to a driver whose operating privileges have been
suspended, to permit the operation of a motor vehicle under
certain conditions, when necessary for the driver's occupation,
work, trade or study.
"Official traffic-control devices." Signs, signals, markings
and devices not inconsistent with this title placed or erected
by authority of a public body or official having jurisdiction,
for the purpose of regulating, warning or guiding traffic.
"Operating privilege." The privilege to apply for and obtain
a license to use as well as the privilege to use a vehicle on a
highway as authorized in this title, but not a contract,
property right or civil right.
"Overtime parking." The continuous parking of a vehicle for
a period of time exceeding the maximum period established by
law.
"Owner." A person, other than a lienholder, having the
property right in or title to a vehicle. The term includes a
person entitled to the use and possession of a vehicle subject
to a security interest in another person, but excludes a lessee
under a lease not intended as security.
"Park" or "parking."
(1) When permitted, means the temporary storing of a
vehicle, whether occupied or not, off the roadway.
(2) When prohibited, means the halting of a vehicle,
whether occupied or not, except momentarily for the purpose
of and while actually engaged in loading or unloading
property or passengers.
"Passenger car." A motor vehicle, except a motorcycle,
designed primarily for the transportation of persons and
designed for carrying no more than 15 passengers, including the
driver, and primarily used for the transportation of persons.
The term includes motor vehicles which are designed with seats
that may be readily removed and reinstalled, but does not
include such vehicles if used primarily for the transportation
of property.
"Pedalcycle." A vehicle propelled solely by human-powered
pedals. The term does not mean a three-wheeled human-powered
pedal-driven vehicle with a main driving wheel 20 inches in
diameter or under and primarily designed for children six years
of age or younger.
"Pedestrian." A natural person afoot.
"Pennsylvania Turnpike." The highway system owned and
operated by the Pennsylvania Turnpike Commission.
"Person." A natural person, firm, copartnership, association
or corporation.
"Police officer." A natural person authorized by law to make
arrests for violations of law.
"Private road or driveway." A way or place in private
ownership and used for vehicular travel by the owner and those
having express or implied permission from the owner, but not by
other persons.
"Railroad grade crossing." One or more railroad tracks, but
not streetcar tracks, which intersect or cross a highway at the
same level or grade.
"Railroad sign or signal." A sign, signal or device erected
by authority of a public body or official or by a railroad and
intended to give notice of the presence of railroad tracks or
the approach of a railroad train.
"Recall." To withdraw by formal action of the department for
an indefinite period the operating privilege of a person for
reasons of incompetency.
"Reconstructed vehicle." A vehicle, other than an antique or
classic vehicle, for which a certificate of salvage was issued
and is thereafter restored to operating condition to meet the
vehicle equipment and inspection standards under Part IV
(relating to vehicle characteristics).
"Recorded image." An image recorded by an automated red
light enforcement system on a photograph, a digital image or any
other image-capture technology.
"Recovered theft vehicle." A vehicle other than an antique
or classic vehicle which was reported as stolen but subsequently
recovered.
"Recreational trailer." A trailer designed or adapted and
used exclusively for recreational purposes.
"Registered gross weight."
(1) The maximum gross weight at which a vehicle or
combination is registered in this Commonwealth to operate
upon a highway, which shall include the weight at which a
vehicle or combination is registered for operation in this
Commonwealth under any system of proportional registration
pursuant to Subchapter C of Chapter 61 (relating to
reciprocity).
(2) For the purposes of Chapter 49 (relating to size,
weight and load) and the definition of "motor carrier
vehicle," if there is no registered gross weight as defined
in paragraph (1), then the term shall mean the maximum gross
weight at which a vehicle or combination registered in
another state is registered or otherwise authorized to
operate by such state.
"Registration." The authority for a vehicle to operate on a
highway as evidenced by the issuance of an identifying card and
plate or plates.
"Residence district." The territory contiguous to and
including a highway not comprising a business district when the
property on the highway for a distance of 300 feet or more is in
the main improved with residences or residences and buildings in
use for business.
"Resident." A person dwelling permanently or continuously
for a period exceeding 60 consecutive days within this
Commonwealth, except that a person who regularly dwells in two
or more states shall declare residence to be in any one of the
states.
"Revoke." To terminate by formal action of the department
any license, registration or privilege issued or granted by the
department. Following a period of revocation, the license,
registration or privilege may not be restored except upon
submission and acceptance of a new application.
"Right-of-way." The right of one vehicle or pedestrian to
proceed in a lawful manner in preference to another vehicle or
pedestrian approaching under such circumstances of direction,
speed and proximity as to give rise to danger or collision
unless one grants precedence to the other.
"Roadway." That portion of a highway improved, designed or
ordinarily used for vehicular travel, exclusive of the sidewalk,
berm or shoulder even though such sidewalk, berm or shoulder is
used by pedalcycles. In the event a highway includes two or more
separate roadways the term "roadway" refers to each roadway
separately but not to all such roadways collectively.
"Saddle-mount operation." Any operation in which any truck
or truck tractor tows one or more trucks or truck tractors, each
connected by a saddle to the frame or fifth wheel of the vehicle
in front of it. The saddle is a mechanism that connects the
front axle of the towed vehicle to the frame or fifth wheel of
the vehicle in front and functions like a fifth wheel kingpin
connection.
"Safety seat belt system." Any strap, webbing or similar
device designed to secure a person in a motor vehicle in order
to mitigate the results of any accident, including buckles,
fasteners and all installation hardware as specified by Federal
Motor Vehicle Safety Standard No. 209 (49 C.F.R. § 571.209).
"Safety zone." The area or space officially set apart within
a roadway for the exclusive use of pedestrians.
"Salvage motor vehicle auction or pool operator." A person
who on his own behalf or as an agent for a third party engages
in business for the purpose of offering for sale wrecked or
salvage motor vehicles through an auction or private bid process
to vehicle salvage dealers.
"Salvage vehicle." A vehicle which is inoperable or unable
to meet the vehicle equipment and inspection standards under
Part IV (relating to vehicle characteristics) to the extent that
the cost of repairs would exceed the value of the repaired
vehicle. The term does not include a vehicle which would qualify
as an antique or classic vehicle except for its lack of
restoration or maintenance.
"Salvor." A person engaged in the business of acquiring
abandoned vehicles for the purpose of taking apart, recycling,
selling, rebuilding or exchanging the vehicles or parts thereof.
"School bus." A motor vehicle which:
(1) is designed to carry 11 passengers or more,
including the driver; and
(2) is used for the transportation of preprimary,
primary or secondary school students to or from public,
private or parochial schools or events related to such
schools or school-related activities.
The term does not include a motor vehicle used to transport
preprimary, primary or secondary school students to or from
public, private or parochial schools or events related to such
schools or school-related activities, which is designed to carry
11 to 15 passengers, including the driver, and which is
registered in this Commonwealth as a bus prior to March 1, 1993,
or a motor vehicle which is designed to carry 11 to 15
passengers, including the driver, and which was titled to any
public, private or parochial school on or before March 1, 1993,
and which is registered to that public, private or parochial
school in this Commonwealth as a bus prior to September 15,
1993.
"School vehicle." A motor vehicle, except a motorcycle,
designed for carrying no more than ten passengers, including the
driver, and used for the transportation of preprimary, primary
or secondary school students while registered by or under
contract to a school district or private or parochial school.
The term includes vehicles having chartered, group and party
rights under the Pennsylvania Public Utility Commission and used
for the transportation of school children.
"Scrap metal processor." A person whose principal business
is the operation of an establishment having facilities for
processing iron, steel or nonferrous scrap metals, and whose
principal product is scrap iron, scrap steel or nonferrous scrap
for resale for remelting purposes only.
"Second-stage manufacturer." A person engaged in performing
manufacturing operations on an incomplete vehicle produced by a
manufacturer.
"Secretary." The Secretary of Transportation of the
Commonwealth.
"Secure power of attorney." A document printed with security
features containing all information required by Federal law and
regulations which a transferor may use when a vehicle is
transferred to authorize a transferee to disclose odometer
mileage in lieu of the transferor completing the odometer
information on a certificate of title in the event that the
transferor's certificate of title is encumbered by a lienholder.
"Security interest." An interest in a vehicle reserved or
created by agreement which secures payment or performance of an
obligation. The term includes the interest of a lessor under a
lease intended as security. A security interest is perfected
when it is valid against third parties generally, subject only
to specific statutory exceptions.
"Semitrailer." A trailer so constructed that some part of
its weight rests upon or is carried by the towing vehicle.
"Shall." Indicates that an action is required or prohibited.
"Should." Indicates that an action is advisable but not
required.
"Sidewalk." That portion of a street between curb lines, or
the lateral lines of a roadway, and the adjacent property lines,
intended for use by pedestrians.
"Special mobile equipment."
(1) Vehicles not designed or used primarily for the
transportation of persons or property, except for tools and
parts necessary for the use and maintenance of the vehicle,
and only incidentally operated or moved over a highway.
(2) Vehicles which have machinery permanently attached
shall not carry a load, except for tools and parts necessary
for the use and maintenance of the permanently attached
machinery and are only incidentally operated or moved over a
highway.
(3) Motor vehicles used primarily for road and bridge
maintenance or repair which carry a load of asphalt emulsion
or epoxy and aggregate material, that is applied as a
finished product by the vehicle's equipment directly to a
highway or trafficway for maintenance or repair of the road
or bridge surface.
The term includes, but is not limited to, ditch digging
apparatus, well boring apparatus; earth moving and road
construction and maintenance machinery, such as asphalt
spreaders, bituminous mixers, bucket loaders, snowplows,
ditchers, graders, patchers, finishing machines, road rollers,
scarifiers, earth moving carryalls, scrapers, power shovels and
drag lines; and self-propelled cranes and tractors, other than
truck tractors. The term does not include house trailers; dump
trucks; or truck-mounted transit mixers, cranes or shovels.
"Specially constructed vehicle." A vehicle not originally
constructed under a distinctive name, make, model or type by a
generally recognized manufacturer of vehicles.
"Stand" or "standing." When prohibited, means the halting of
a vehicle, whether occupied or not, except momentarily for the
purpose of and while actually engaged in receiving or
discharging passengers.
"State." A state, territory or possession of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico or a province of Canada.
"State designated highway." A highway or bridge on the
system of highways and bridges over which the department has
assumed or has been legislatively given jurisdiction.
"Status." With respect to an abandoned vehicle, a
determination by police and a salvor as to the condition or
value of the abandoned vehicle. The determination shall be one
of the following: vehicle with value, salvage vehicle or
nonrepairable vehicle.
"Stinger-steered automobile" or "boat transporter." A truck
tractor-semitrailer combination of a total length not greater
than 75 feet exclusive of an overhang of not more than three
feet on the front and four feet on the rear of the vehicle
configured as a semitrailer combination wherein the fifth wheel
is located on a drop frame located behind and below the rearmost
axle of the power unit.
"Stop" or "stopping."
(1) When required, means complete cessation from
movement.
(2) When prohibited, means any halting even momentarily
of a vehicle, whether occupied or not, except when necessary
to avoid conflict with other traffic or in compliance with
the directions of a police officer or traffic-control sign or
signal.
"Streetcar." A car other than a railroad train for
transporting persons or property and operated upon rails.
"Street rod." A motor vehicle, or a reproduction thereof,
with a model year of 1948 or older which has been materially
altered or modified by the removal, addition or substitution of
essential parts and with a gross weight or registered gross
weight of not more than 9,000 pounds.
"Suspend." To withdraw temporarily by formal action of the
department any license, registration or privilege issued or
granted by the department. Following a period of suspension, the
department shall restore the license, registration or privilege.
"Tandem axle." Every axle located within eight feet of
another axle.
"Taxi." A motor vehicle designed for carrying no more than
eight passengers, exclusive of the driver, on a call and demand
service, and used for the transportation of persons for
compensation.
"Terminal." Any location where:
(1) freight either originates, terminates or is handled
in the transportation process; or
(2) commercial motor carriers maintain operating
facilities.
"Theft vehicle." A vehicle, other than an antique or classic
vehicle, which was reported stolen.
"Through highway." A highway or portion of a highway on
which vehicular traffic is given preferential right-of-way, and
at the entrances to which vehicular traffic from intersecting
highways is required by law to yield the right-of-way to
vehicles on the through highway in obedience to a stop sign,
yield sign or other official traffic-control device when the
signs or devices are erected as provided in this title.
"Tire width." The linear distance between the exteriors of
the sidewalls of an uninflated tire, excluding elevations due to
labeling, decoration or protective sidebands.
"Tow dolly." A trailer designed and used exclusively to tow
another vehicle by mounting its front or rear wheels on the tow
dolly while the other wheels of the towed vehicle remain in
contact with the ground.
"Traffic." Pedestrians, ridden or herded animals, vehicles,
streetcars and other conveyances, whether singly or together,
using any highway for purposes of travel.
"Traffic-control signal." A device, whether manually,
electrically or mechanically operated, by which traffic is
alternately directed to stop and permitted to proceed.
"Trafficway." The entire width between property lines or
other boundary lines of every way or place of which any part is
open to the public for purposes of vehicular travel as a matter
of right or custom.
"Trailer." A vehicle designed to be towed by a motor
vehicle.
"Transfer." To change ownership by purchase, gift or any
other means.
"Transferee." A person to whom ownership of a motor vehicle
is transferred, by purchase, gift or any means other than by the
creation of a security interest, and any person who, as agent,
signs an odometer disclosure statement for the transferee.
"Transferor." A person who transfers his ownership of a
motor vehicle by sale, gift or any means other than by the
creation of a security interest and any person who, as agent,
signs an odometer disclosure statement for the transferor.
"Truck." A motor vehicle designed primarily for the
transportation of property. The term includes motor vehicles
designed with seats that may be readily removed and reinstalled
if those vehicles are primarily used for the transportation of
property.
"Truck-camper." A structure designed, used or maintained
primarily to be loaded or affixed to a motor vehicle to provide
a mobile dwelling, sleeping place, office or commercial space.
"Truck tractor." A motor vehicle designed and used primarily
for drawing other vehicles and not so constructed as to carry a
load other than a part of the weight of the vehicle and load so
drawn.
"Urban district." The territory contiguous to and including
any street which is built up with structures devoted to
business, industry or dwelling houses situated at intervals of
less than 100 feet for a distance of a quarter of a mile or
more.
"Urban mass transportation system." A person holding a
certificate of the Public Utility Commission or a municipality
authority, port authority or transportation authority
established under the laws of this Commonwealth that transports
persons on schedule over fixed routes and derives over 80% of
their intrastate scheduled revenue from scheduled operations
within the county in which they have their principal place of
business, or contiguous counties.
"Utility trailer." A trailer, except a recreational trailer,
which does not have air brakes.
"Valueless except for salvage." (Deleted by amendment).
"Vehicle." Every device in, upon or by which any person or
property is or may be transported or drawn upon a highway,
except devices used exclusively upon rails or tracks. The term
does not include a self-propelled wheelchair or an electrical
mobility device operated by and designed for the exclusive use
of a person with a mobility-related disability.
"Vehicle identification number" or "VIN." A combination of
numerals or letters or both which the manufacturer assigns to a
vehicle for identification purposes, or, in the absence of a
manufacturer-assigned number, which the department assigns to a
vehicle for identification purposes.
"Work zone." The area of a highway where construction,
maintenance or utility work activities are being conducted which
is properly signed as a work zone in accordance with regulations
of the Department of Transportation.
"Wrecker." A motor vehicle designed or constructed and used
for the towing of abandoned or disabled vehicles.
"Zero-emission vehicle." A motor vehicle which produces no
emissions of any criteria of pollutants under any operational
mode and under any conditions and which meets the applicable
Federal motor vehicle safety standards.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 6, 1979,
P.L.39, No.12, eff. imd.; June 18, 1980, P.L.223, No.67, eff.
imd.; June 18, 1980, P.L.229, No.68, eff. 60 days; Oct. 10,
1980, P.L.791, No.147, eff. imd.; July 10, 1981, P.L.250, No.82,
eff. imd.; Mar. 7, 1982, P.L.152, No.49, eff. imd.; June 23,
1982, P.L.605, No.171, eff. imd.; Dec. 15, 1982, P.L.1268,
No.289, eff. 30 days; July 7, 1983, P.L.32, No.19, eff. imd.;
July 22, 1983, P.L.122, No.32, eff. imd.; Feb. 12, 1984, P.L.26,
No.11, eff. Oct. 1, 1984; Feb. 12, 1984, P.L.53, No.12, eff.
imd.; Apr. 3, 1984, P.L.181, No.33, eff. 60 days; June 30, 1984,
P.L.473, No.99, eff. imd.; July 10, 1984, P.L.679, No.146, eff.
60 days; June 19, 1985, P.L.49, No.20, eff. 60 days; July 11,
1985, P.L.204, No.52, eff. 60 days; July 11, 1985, P.L.220,
No.56, eff. 60 days; July 8, 1986, P.L.432, No.90, eff. 60 days;
Nov. 23, 1987, P.L.399, No.82, eff. imd.; Feb. 2, 1990, P.L.2,
No.2, eff. 60 days; Mar. 13, 1990, P.L.69, No.14, eff. imd.; May
30, 1990, P.L.173, No.42; June 29, 1990, P.L.259, No.60, eff.
imd.; Aug. 5, 1991, P.L.238, No.26, eff. imd.; Apr. 16, 1992,
P.L.169, No.31, eff. 60 days; Dec. 14, 1992, P.L.870, No.139,
eff. 60 days; Dec. 18, 1992, P.L.1411, No.174, eff. 60 days; May
20, 1993, P.L.30, No.10; June 28, 1993, P.L.137, No.33, eff.
July 1, 1993; July 2, 1993, P.L.408, No.58, eff. imd.; Feb. 10,
1994, P.L.10, No.2, eff. imd.; Dec. 7, 1994, P.L.820, No.115,
eff. 60 days; Dec. 28, 1994, P.L.1450, No.172, eff. 60 days;
June 13, 1995, P.L.57, No.9, eff. 30 days; July 6, 1995,
P.L.246, No.30, eff. 60 days; Dec. 15, 1995, P.L.655, No.72,
eff. 60 days; Dec. 20, 1995, P.L.669, No.75, eff. 120 days; July
11, 1996, P.L.660, No.115, eff. 60 days; Dec. 21, 1998,
P.L.1126, No.151, eff. imd.; June 22, 2001, P.L.411, No.33, eff.
60 days; June 25, 2001, P.L.701, No.68, eff. 60 days; June 26,
2001, P.L.734, No.75, eff. 60 days; July 4, 2002, P.L.692,
No.105, eff. 60 days; Oct. 4, 2002, P.L.845, No.123, eff. 60
days; Dec. 9, 2002, P.L.1278, No.152; Dec. 23, 2002, P.L.1982,
No.229; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Nov. 30,
2004, P.L.1667, No.211, eff. 60 days; Dec. 1, 2004, P.L.1767,
No.228, eff. Jan. 1, 2007; July 5, 2005, P.L.100, No.37; July
14, 2005, P.L.285, No.50, eff. 60 days; Dec. 18, 2007, P.L.436,
No.67, eff. 60 days; Nov. 26, 2008, P.L.1658, No.133, eff. 60
days; Aug. 18, 2009, P.L.308, No.37, eff. imd.)
2009 Amendment. Act 37 amended the def. of "emergency
vehicle."
2008 Amendment. Act 133 amended the def. of "motor vehicle."
2007 Amendment. Act 67 amended the defs. of "automated red
light enforcement system" and "recorded images."
2005 Amendments. Act 37 added the def. of "commercial
driver" and Act 50 amended the def. of "emergency vehicle."
Section 10(2) of Act 37 provided that Act 37 shall take effect
90 days after publication of a notice in the Pennsylvania
Bulletin. The notice was published July 16, 2005, at 35 Pa.B.
4029.
2004 Amendments. Act 207 amended the def. of "issuing
authority," added the def. of "magisterial district judge" and
deleted the def. of "district justice," Act 211 amended the
defs. of "multipurpose agricultural vehicle" and "special mobile
equipment" and Act 228 amended the def. of "collectible motor
vehicle." See sections 28 and 29 of Act 207 in the appendix to
this title for special provisions relating to applicability and
construction of law.
2002 Amendments. Act 105 amended the def. of "motor vehicle"
and added the def. of "electric personal assistive mobility
device" or "EPAMD," Act 123 added the defs. of "automated red
light enforcement system," "house coach" and "recorded images,"
Act 152 amended the defs. of "abandoned vehicle," "collectible
motor vehicle," "essential parts," "reconstructed vehicle,"
"recovered theft vehicle" and "vehicle identification number,"
deleted the def. of "valueless except for salvage" and added the
defs. of "agent service," "major component parts," "mileage,"
"modified vehicle," "nonrepairable vehicle," "salvage vehicle,"
"status" and "theft vehicle," effective immediately as to
"nonrepairable vehicle," six months as to "agent service" and 60
days as to the remainder of the section, and Act 229 amended the
def. of "motor carrier vehicle" and added the defs. of "active
work zone" and "work zone," effective immediately as to "active
work zone" and "work zone" and six months as to "motor carrier
vehicle." See section 21 of Act 229 in the appendix to this
title for special provisions relating to promulgation of
guidelines to implement Act 229.
2001 Amendments. Act 33 amended the defs. of "commercial
implement of husbandry," "farm equipment" and "implement of
husbandry," Act 68 added the defs. of "transfer," "transferee"
and "transferor" and Act 75 amended the def. of "emergency
vehicle" and added the defs. of "ambulance," "blood delivery
vehicle," "fire department vehicle," "hazardous material
response vehicle" and "human organ delivery vehicle."
1998 Amendment. Act 151 amended the defs. of "maxi-cube
vehicle," "modular housing unit," "motorized pedalcycle,"
"passenger car," "registered gross weight," "salvor," "special
mobile equipment," "truck" and "vehicle" and added the defs. of
"cancel," "manufactured construction unit" and "numbered traffic
route."
1996 Amendment. Act 115 added the def. of "utility trailer."
1995 Amendments. Act 9 added the def. of "interstate
highway," Act 30 added the def. of "second-stage manufacturer,"
Act 72 amended the def. of "pedalcycle" and Act 75 amended the
defs. of "classic motor vehicle" and "emergency vehicle" and
added the def. of "collectible motor vehicle."
1994 Amendments. Act 2 amended the def. of "terminal" and
added the defs. of "maxi-cube vehicle," "saddle-mount operation"
and "stinger-steered automobile" or "boat transporter," Act 115
added the def. of "secure power of attorney" and deleted the
def. of "farm truck" and Act 172 added the def. of
"containerized cargo."
1993 Amendments. Act 10 amended the defs. of "recovered
theft vehicle" and "school bus," effective immediately, and
amended the defs. of "commercial implement of husbandry" and
"implement of husbandry" and added the def. of "farm vehicle,"
all effective in 60 days, Act 33 amended the def. of "court" and
Act 58 amended the defs. of "passenger car" and "school bus."
1992 Amendments. Act 31 amended the defs. of "emergency
vehicle" and "valueless except for junk" and added the def. of
"recovered theft vehicle," Act 139 added the defs. of "electric
vehicle," "hybrid electric vehicle" and "zero-emission vehicle,"
and Act 174 amended the def. of "school bus" and added the def.
of "commercial implement of husbandry."
1990 Amendments. Act 2 added the def. of "salvage motor
vehicle auction or pool operator," Act 14 amended the def. of
"emergency vehicle," Act 42 amended the defs. of "bus,"
"passenger car" and "school bus," added the defs. of
"limousine," "occupational limited license" and "school
vehicle," all effective November 1, 1990, and amended the def.
of "classic motor vehicle," effective in 60 days, and Act 60
amended the def. of "street rod."
1987 Amendment. Act 82 added the def. of "safety seat belt
system."
1986 Amendment. Act 90 amended the def. of "gross weight."
1985 Amendments. Act 20 amended the def. of "bus,"
retroactive to July 10, 1984, Act 52 amended the def. of
"emergency vehicle" and Act 56 added the def. of "multipurpose
agricultural vehicle."
1984 Amendments. Act 11 deleted the def. of "proof of
insurance," Act 12 amended the def. of "local authorities," Act
99 added the def. of "hazardous material" and Act 146 amended
the defs. of "bus" and "motor-driven cycle."
1983 Amendments. Act 19 amended the def. of "registered
gross weight" and added the defs. of "converter gear,"
"terminal" and "tow dolly" and Act 32 amended the def. of
"resident." See section 7 of Act 19 in the appendix to this
title for special provisions relating to expiration of
amendments by Act 19.
1982 Amendments. Act 49 amended the def. of "mobile home"
and added the defs. of "modular housing undercarriage" and
"modular housing unit," Act 171 amended the def. of "street rod"
and Act 289 added the def. of "chemical test or testing."
1980 Amendments. Act 67 added the def. of "mass transit
vehicle" and Act 147 added the defs. of "construction truck" and
"tandem axle."
1979 Amendment. Act 12 added the def. of "articulated bus."
1978 Amendment. Act 53 amended the def. of "issuing
authority" and added the defs. of "court," "district justice"
and "general rule."
Cross References. Section 102 is referred to in sections
2105, 3732, 3742.1, 7304.1, 7310 of this title; section 6202 of
Title 27 (Environmental Resources); section 901 of Title 34
(Game); section 3732 of Title 62 (Procurement); section 8102 of
Title 74 (Transportation).
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