2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 37 - Miscellaneous Provisions
3717 - Trespass by motor vehicle.

     § 3717.  Trespass by motor vehicle.
        (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.
        (e)  Offense defined.--The following penalties shall apply:
            (1)  A person who violates subsection (b) commits a
        summary offense and shall, upon conviction, be subject to a
        fine of $100.
            (2)  A person who violates subsection (c) or (d) commits
        a summary offense and shall, upon conviction, be subject to
        the following penalties:
                (i)  A fine of $500 for a first conviction of the
            offense.
                (ii)  A fine of $1,000 plus suspension of operating
            privileges for a period of six months for a second or
            subsequent conviction of the offense. If a person is
            under 16 years of age at the time of the second or
            subsequent conviction of an offense, the period of
            suspension shall commence upon the person's 16th
            birthday.
            (3)  In addition, restitution shall be made for the value
        of damage to real or personal property which results from the
        violation of this section.
        (f)  Assessment of points.--A person whose operating
     privilege has been suspended pursuant to subsection (e) shall
     not be subject to assessment of points otherwise applicable
     under section 1545 (relating to restoration of operating
     privilege) upon restoration of privileges.
        (g)  Additional penalties.--This section is not intended nor
     shall this section be construed to preclude prosecution,
     conviction or imposition of penalties pursuant to other
     provisions of this title that may be applicable.
     (July 1, 1990, P.L.312, No.70, eff. 60 days)

        1990 Amendment.  Act 70 added section 3717.
        Cross References.  Section 3717 is referred to in section
     7724 of this title.

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