New Traffic Offenses (or Penalty Enhancements of
existing Traffic Offenses) for 2007
NOTE: This is not intended to be an inclusive listing of all newly
enacted Title 75 (PA Vehicle Code) legislation. Rather, this is a list of
what may be potentially significant to the motoring public.
§ 3315 Passing and Overtaking Streetcars
Prohibits a driver from overtaking and passing to the left of a streetcar
proceeding in the same direction, whether the streetcar is actually in
motion or temporarily halted to receive or discharge passengers, where
overtaking or passing requires driving in a lane normally used by traffic
moving in the opposite direction. Also, prohibits a driver from overtaking
and passing a streetcar which has stopped to receive or discharge passengers
on the side on which passengers board or alight unit the doors of the
streetcar are closed and passengers who are discharged have reached the side
of the highway.
§ 3720 Snow and Ice Dislodged or Falling from Moving Vehicle
Subjects an operator of a moving vehicle to a fine if snow or ice is
dislodged from their vehicle and strikes another vehicle or pedestrian
causing death or serious bodily injury as defined in § 3742 (Relating to
Accidents involving Death or personal Injury).
§ 3327 Duty of Driver in Emergency Response Areas
Requires a person when approaching or passing an emergency response area to:
(1) Pass in a lane not adjacent to that of the emergency response area if
(2) If passing in a nonadjacent lane is impossible, illegal or unsafe, pass
the emergency response area at a careful and prudent reduced speed
reasonable for safely passing the emergency response area. The term
emergency response area includes the area in which a Police Officer is
conducting a traffic stop or systematic check of vehicles as long as the
emergency vehicle is making use of visual signals meeting the requirements
of 75 Pa. C. S. § 4571-4573.
§ 4302 Periods for Required Lighted Lamps
(a) General rule - The operator of a vehicle upon a highway shall display
the lighted head lamps and other lamps and illuminating devices required
under this chapter for different classes of vehicles, subject to exceptions
with respect to parked vehicles, at the following times:
(1) Between sunset and sunrise.
(2) Any time when the operator cannot discern a person or vehicle upon the
highway from a distance of 1,000 feet due to insufficient light or
unfavorable atmosphere conditions, including rain, snow, sleet, hail, fog,
smoke or smog.
(3) Any time when the vehicles windshield wipers are in continuous or
intermittent use due to precipitation or atmospheric moisture, including
rain, snow, sleet or mist.
§ 3701.1 Leaving an Unattended Child in a Motor Vehicle
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 persons sight and under
circumstances which endanger the health, safety or welfare of the child. It
is a separate offense for each child left unattended.
Applicability - This section shall apply to the highways and traffic
ways of this Commonwealth and for the purposes of this section only, the
term “traffic ways” shall include, but not be limited to, parking lots.
§ 3733 Fleeing or Attempting to Elude Police Officer
Where a driver willfully fails or refuses to bring his vehicle to a stop, or
otherwise flees or attempts to elude a pursuing Police Officer, when given
visual or audible signal to bring the vehicle to a stop.
Grading: The offense is a Felony 3, if the person while fleeing or
attempting to elude a Police Officer is:
(1) Committing a violation of § 3802 Driving Under the Influence.
(2) Crosses a State Line.
(3) Endangers a law enforcement officer or a member of the general public
due to the driver engaging in a high speed chase.
Other wise the offense is graded as a Misdemeanor 2.