HB 478 — An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in snowmobiles and all-terrain vehicles, further providing for short title of chapter, for definitions, for restricted accounts, for registration of dealers, for registration of snowmobile or ATV, for limited registration of snowmobile or ATV, for certificate of title for snowmobile or ATV, for transfer to or from dealer, for transfer of snowmobile or ATV by operation of law, for issuance of new certificate following transfer, for suspension and cancellation of certificate of title, for application for certificate of title by agent, for perfection of security interest in a snowmobile or ATV, for satisfaction of security interest, for release of security interest, for assignment by secured party of security interest, for exemptions, for snowmobile or ATV purchased from dealer, for fees, for records, for Snowmobile and ATV Advisory Committee, for operation on streets and highways, for designation of snowmobile and ATV roads, for special snowmobile and ATV events, for operation on private or State property, for operation by persons under age sixteen, for operation in safe manner, for additional limitations on operation, for accidents and accident reports, for liability of owner for negligence, for liability insurance, for head lamps and tail lamps, for brakes, for mufflers and sound control, for enforcement personnel and procedures and for penalties for violation of chapter; and making editorial changes.

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4782082 2021THE INTMOUL,GENERAL ZIMMERMANASSEMBLY ANDOF STRUZZI,PENNSYLVANIA FEBRUARYHOUSE 9,BILL 2021Session ROTHMAN, SMITH, REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT, FEBRUARY 9, 2021 AN ACT Amending Title 75 (Vehicles) of theNo. Pennsylvania Consolidated Statutes, in snowmobiles and all-terrain vehicles, further providing for short title of chapter, for definitions, for registration of snowmobile or ATV, for limited registration of snowmobile or ATV, for certificate of title for snowmobile or ATV, for transfer to or from dealer, for transfer of snowmobile or ATV by operation of law, for issuance of new certificate following transfer, for suspension and cancellation of certificate of title, for application for certificate of title by agent, for perfection of security interest in a snowmobile or ATV, for satisfaction of security interest, for release of security interest, for assignment by secured party of security interest, for exemptions, for snowmobile or ATV purchased from dealer, for fees, for records, for Snowmobile and ATV Advisory Committee, for operation on streets and highways, for designation of snowmobile and ATV roads, for special snowmobile and ATV events, for operation on private or State property, for manner, for additional limitations on operation, forn in safe accidents and accident reports, for liability of owner for negligence, for liability insurance, for head lamps and tail lamps, for brakes, for mufflers and sound control, for enforcement personnel and procedures and for penalties for violation of chapter;

478 2021 INTRODUCED BY ARMANINI, SMITH, OWLETT, BOROWICZ, CAUSER, MILLARD, ROTHMAN, MOUL, ZIMMERMAN, STRUZZI, SANKEY AND BENHAM, FEBRUARY 9, 2021 REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT, FEBRUARY 9, 2021 AN ACT AmeStatutes, in snowmobiles and all-terrain vehicles, further providing for short title of chapter, for definitions, for restricted accounts, for registration of dealers, for registration of snowmobile or ATV, for limited registration of snowmobile or ATV, for certificate of title for snowmobile or ATV, for transfer to or from dealer, for transfer of snowmobile or ATV by operation of law, for issuance of new certificate following transfer, for suspension and cancellation of certificate of title, for application for certificate of title by agent, for perfection of security interest in a snowmobile or ATV, for satisfaction of security interest, for release of security interest, for assignment by secured party of security interest, for exemptions, for snowmobile or ATV purchased from dealer, for fees, for records, for Snowmobile and ATV Advisory Committee, for snowmobile and ATV roads, for special snowmobile and ATV events, for operation on private or State property, for operation by persons under age sixteen, for operation in safe manner, for additional limitations on operation, for accidents and accident reports, for liability of owner for negligence, for liability insurance, for head lamps and tail lamps, for brakes, for mufflers and sound control, for enforcement personnel and procedures and for penalties for violation of chapter;

military, fire, emergency and 20210HB0478PN2082 - 2 - law enforcement vehicles;

multipurpose 20210HB0478PN0441 - 2 - agricultural vehicles;

20210HB0478PN2082 - 3 - (iii) all fines, penalties, fees and costs assessed 20210HB0478PN0441 - 3 - and collected as a result of enforcement activities conducted by the department's law enforcement personnel under this chapter related to violations attributed to ATV's and OHM's shall be deposited in the ATV and OHM Management Restricted Account;

* * * 20210HB0478PN2082 - 4 - (b) Grant-in-aid.--The department shall, upon written 20210HB0478PN0441 - 4 - application and subsequent approval, grant money from the restricted accounts:

* * * (e) Definition.--For purposes of this section, "all-terrain 20210HB0478PN2082 - 5 - vehicle" or "ATV" shall also include any self-propelled vehicle 20210HB0478PN0441 - 5 - which is manufactured for sale or operation primarily on off- highway trails or off-highway competition and only incidentally operated on public highways.

Section 7711.1 heading, (a) introductory paragraph, (1), (2) and (4), (b) introductory paragraph, (1) and (2), (d)(2) and (f)(1), (2), (3) and (4) of Title 75 are amended 20210HB0478PN2082 - 6 - and the section is amended by adding a subsection to read:

20210HB0478PN0441 - 6 - § 7711.1.

* * * (c.1) Exception.--OHM's registered with the Department of 20210HB0478PN2082 - 7 - Transportation do not require a registration plate.

20210HB0478PN0441 - 7 - (d) Expiration of registration.-- * * * (2) Upon transfer of ownership of a snowmobile [or], ATV or OHM during a registration period, the registration certificate and expiration sticker shall expire.

20210HB0478PN2082 - 8 - (2) The snowmobile [or], ATV or OHM is owned and used by 20210HB0478PN0441 - 8 - the United States or another state or a political subdivision thereof, in which case the snowmobile [or], ATV or OHM shall display the name of the owner in a manner prescribed by the department.

(a) General rule.--It is unlawful for a person to operate or for an owner to permit another person to operate a snowmobile [or], ATV or OHM identified in section 7711.1(f)(3) (relating to 20210HB0478PN2082 - 9 - registration of snowmobile [or], ATV or OHM) unless:

20210HB0478PN0441 - 9 - * * * (2) There is displayed on the snowmobile a valid registration decal or on the ATV or OHM a valid registration plate issued pursuant to subsection (b).

*20210HB0478PN2082 * * 20210HB0478PN0441 - 10 - * * * § 7712.1.

(c) Contents of application.--Application for a certificate of title shall be made upon a form prescribed and furnished by the department and shall contain a full description of the snowmobile [or], ATV or OHM, date of purchase, the name and 20210HB0478PN2082 - 11 - address of the owner, a statement of the title of applicant, 20210HB0478PN0441 - 11 - together with any other information or documents the department requires to identify the snowmobile [or], ATV or OHM and to enable the department to determine whether the owner is entitled to a certificate of title.

*20210HB0478PN2082 * * 20210HB0478PN0441 - 12 - * * * (2) Any taxes payable under the laws of this Commonwealth on or in connection with, or resulting from the acquisition or use of, the snowmobile [or], ATV or OHM have not been paid.

(a) Transfer to dealer.--If a dealer acquires a snowmobile [or], ATV or OHM for the purpose of resale, a certificate of 20210HB0478PN2082 - 13 - title need not be applied for as provided for in section 7712.1 20210HB0478PN0441 - 13 - (relating to certificate of title for snowmobile [or], ATV or OHM), but the dealer shall, within seven days from the date of acquisition, forward to the department, upon a form prescribed and furnished by the department, notification of the acquisition of the snowmobile [or], ATV or OHM.

(a) General rule.--If the interest of an owner in a snowmobile [or], ATV or OHM passes to another other than by voluntary transfer, the transferee shall, except as otherwise provided, promptly mail or deliver to the department the last 20210HB0478PN2082 - 14 - certificate of title, if available, and shall apply for a new 20210HB0478PN0441 - 14 - certificate of title on a form prescribed and furnished by the department.

20210HB0478PN2082 - 15 - (b) Snowmobile [or], ATV or OHM sold to nonresidents.--The 20210HB0478PN0441 - 15 - department may cancel a certificate of title for a snowmobile [or], ATV or OHM sold to a resident of another state or foreign country if the snowmobile [or], ATV or OHM is to be registered in the other jurisdiction.

§§ 9311(d) (relating to perfection of security 20210HB0478PN2082 - 16 - interests in property subject to certain statutes, regulations 20210HB0478PN0441 - 16 - and treaties), 9315(c) and (d) (relating to secured party's rights on disposition of collateral and in proceeds) and 9316(d) and (e) (relating to effect of change in governing law), this section provides the exclusive method of perfecting a security interest in a snowmobile [or], ATV or OHM for which a certificate of title is required under this subchapter.

A security interest in a snowmobile [or], ATV or OHM is perfected at the time such application, certificate of 20210HB0478PN2082 - 17 - title and required fee are received by the department.

20210HB0478PN0441 - 17 - * * * § 7712.9.

20210HB0478PN2082 - 18 - A secured party that releases a security interest in a 20210HB0478PN0441 - 18 - snowmobile [or], ATV or OHM shall mail or deliver the certificate of title to the owner with a statement of release signed by the secured party, or the secured party may apply to the department for a corrected certificate of title to be issued in the name of the owner.

§ 9311(d) (relating to perfection of security interests in property subject to certain statutes, 20210HB0478PN2082 - 19 - regulations and treaties);

or 20210HB0478PN0441 - 19 - (4) a snowmobile [or], ATV or OHM for which a certificate of title is not required under this subchapter.

* * * (5) Transfer of registration pursuant to section 7711.1 (relating to registration of snowmobile [or], ATV or OHM), 20210HB0478PN2082 - 20 - $5.

20210HB0478PN0441 - 20 - * * * (b) Exemptions from fees.--Subsection (a) does not apply to a snowmobile [or], ATV or OHM owned by:

* * * 20210HB0478PN2082 - 21 - (f) Powers and duties.--The powers and duties of the 20210HB0478PN0441 - 21 - committee shall be to advise the Secretary of Conservation and Natural Resources on matters concerning the implementation of this chapter, including existing and proposed regulations, standards, policies, guidelines and practices;

20210HB0478PN2082 - 22 - (a) General rule.--The Department of Transportation on 20210HB0478PN0441 - 22 - State-designated highways and local authorities on any highway, road or street within its jurisdiction may designate any highway, road or street within its jurisdiction as a snowmobile road, an ATV road[, or both,] or an OHM road and may, in its discretion, determine whether such road shall be closed to vehicular traffic or whether snowmobiles [and], ATV's and OHM's may share this designated road with vehicular traffic.

(b) Authority of local authorities.--A local authority may 20210HB0478PN2082 - 23 - block off highways and streets within its jurisdiction for the 20210HB0478PN0441 - 23 - purpose of allowing snowmobile [and], ATV and OHM races, rallies or derbies.

(b) State property.-- 20210HB0478PN2082 - 24 - (1) No person shall operate a snowmobile [or], an ATV or 20210HB0478PN0441 - 24 - an OHM on State-owned property except on clearly marked and previously designated snowmobile or ATV routes or as expressly permitted by the Commonwealth.

(a) Crossing street or highway.--No person under 16 years of age shall drive a snowmobile [or], an ATV or an OHM across any highway or connecting street thereto unless he is under the 20210HB0478PN2082 - 25 - direct supervision of a person 18 years of age or older and 20210HB0478PN0441 - 25 - unless he holds a valid and appropriate safety certificate from the Commonwealth or a valid and approved certificate issued under the authority of another state or Province of Canada.

(h) Snowmobile [and], ATV and OHM safety program.--The department shall implement a comprehensive snowmobile [and], ATV 20210HB0478PN2082 - 26 - and OHM information, safety education and training program which 20210HB0478PN0441 - 26 - shall include the preparation and dissemination of information and safety advice to the public and training of operators.

(a) General rule.--No person shall operate a snowmobile 20210HB0478PN2082 - 27 - [or], an ATV or an OHM in any of the following ways:

20210HB0478PN0441 - 27 - * * * (b) Permitting unsafe operation.--No owner or other person having charge or control of a snowmobile [or], an ATV or an OHM shall knowingly authorize or permit the operation of the snowmobile [or], ATV or OHM by any person who is incapable to do so by reason of age, physical or mental disability, or who is under the influence of alcohol or any controlled substance.

* * * 20210HB0478PN2082 - 28 - (5) Without a securely fastened helmet on the head of an 20210HB0478PN0441 - 28 - individual who operates or is a passenger on a snowmobile [or], ATV or OHM or who is being towed or otherwise propelled by a snowmobile.

(b) Report of accident to department.--The operator of any snowmobile [or], ATV or OHM involved in any accident resulting in injuries to or death of any person or resulting in property damage to the estimated amount of $100 or more shall, within 20210HB0478PN2082 - 29 - seven days after such accident, report the matter in writing to 20210HB0478PN0441 - 29 - the department.