DUI LAW: 75 Pa. C. S. A. §3802: Driving Under the Influence of Alcohol or Controlled Substance/§3803: Grading Offenses/§3804: Penalties
MAXIMUM
SPEED
LIMITS
SUBSECTION (a)(1)
35 mph in urban district.
SUBSECTION (a)(1.1)
65 or 70 mph on freeways (limited
access highways to which the only
means of ingress and egress is by
interchange ramps) where posted.
SUBSECTION (a)(1.2)(i) & (ii)
25 mph in a residence district, if the
highway is not a numbered traffic
route and is functionally classified by
the department as a local highway.
PaVC -
Sec. 3362
PaVC – Sec. 6506 Surcharge
ALL Sec. except parking
Chpt. 47
1543 (b)(1.1)
1543 (b)(1.1)
1543 (b)(1.1)
1543 (b)(1.1)
1st u
2nd u
3rd u
4th u
u
u
u
u
u
u
u
u
Sec. 3306 (a)(1)
Sec. 3345 (a)
Sec. 3745
OFFENCE
OFFENSE
OFFENSE
OFFENSEOFFENSE
$45.00
$45.00
$60.00
$75.00
$60.00
Sec. 4902
Chpt. 49, Sub Chpt. C & E
Sec. 3802
Sec. 3802
Sec. 3802
Sec. 3802
Sec. 3808 (a)(2)
Sec. 3808 (a)(2)
Sec. 3808 (a)(2)
Sec. 3808 (a)(2)
Sec. 3362 (6-15 mph over)
Sec. 3362 (16-25 mph over)
Sec. 3362 (26+ mph over)
$225.00
$225.00
$75.00
$150.00
$300.00
$450.00
$75.00
$150.00
$300.00
$450.00
$75.00
$150.00
$300.00
$450.00
$45.00
$60.00
$75.00
EMS $20.00 COURT COSTS (adjusted annually) JCP/ATJ $22.00
35 . . $45
36 . . $47
37 . . $49
38 . . $51
39 . . $53
40 . . $55
41 . . $57
42 . . $59
43 . . $61
44 . . $63
45 . . $65
46 . . $67
47 . . $69
48 . . $71
49 . . $73
50 . . $75
51 . . $77
52 . . $79
53 . . $81
54 . . $83
55 . . $85
56 . . $87
57 . . $89
58 . . $91
59 . . $93
60 . . $95
45 . . $45
46 . . $47
47 . . $49
48 . . $51
49 . . $53
50 . . $55
51 . . $57
52 . . $59
53 . . $61
54 . . $63
55 . . $65
56 . . $67
57 . . $69
58 . . $71
59 . . $73
60 . . $75
61 . . $77
62 . . $79
63 . . $81
64 . . $83
65 . . $85
66 . . $87
67 . . $89
68 . . $91
69 . . $93
70 . . $95
50 . . $45
51 . . $47
52 . . $49
53 . . $51
54 . . $53
55 . . $55
56 . . $57
57 . . $59
58 . . $61
59 . . $63
60 . . $65
61 . . $67
62 . . $69
63 . . $71
64 . . $73
65 . . $75
66 . . $77
67 . . $79
68 . . $81
69 . . $83
70 . . $85
71 . . $87
72 . . $89
73 . . $91
74 . . $93
75 . . $95
55 . . $45
56 . . $47
57 . . $49
58 . . $51
59 . . $53
60 . . $55
61 . . $57
62 . . $59
63 . . $61
64 . . $63
65 . . $65
66 . . $67
67 . . $69
68 . . $71
69 . . $73
70 . . $75
71 . . $77
72 . . $79
73 . . $81
74 . . $83
75 . . $85
76 . . $87
77 . . $89
78 . . $91
79 . . $93
80 . . $95
65 . . $45
66 . . $47
67 . . $49
68 . . $51
69 . . $53
70 . . $55
71 . . $57
72 . . $59
73 . . $61
74 . . $63
75 . . $65
76 . . $67
77 . . $69
78 . . $71
79 . . $73
80 . . $75
81 . . $77
82 . . $79
83 . . $81
84 . . $83
85 . . $85
86 . . $87
87 . . $89
88 . . $91
89 . . $93
90 . . $95
71 . . $44.50
72 . . $46.50
73 . . $48.50
74 . . $50.50
75 . . $52.50
76 . . $54.50
77 . . $56.50
78 . . $58.50
79 . . $60.50
80 . . $62.50
76 . . $44.50
77 . . $46.50
78 . . $48.50
79 . . $50.50
80 . . $52.50
81 . . $54.50
82 . . $56.50
83 . . $58.50
84 . . $60.50
85 . . $62.50
81 . . $64.50
82 . . $66.50
83 . . $68.50
84 . . $70.50
85 . . $72.50
86 . . $74.50
87 . . $76.50
88 . . $78.50
89 . . $80.50
90 . . $82.50
86 . . $64.50
87 . . $66.50
88 . . $68.50
89 . . $70.50
90 . . $72.50
91 . . $74.50
92 . . $76.50
93 . . $78.50
94 . . $80.50
95 . . $82.50
91 . . $84.50
92 . . $86.50
93 . . $88.50
94 . . $90.50
95 . . $92.50
96 . . $94.50
97 . . $96.50
98 . . $98.50
99 . $100.50
100. $102.50
96 . . $84.50
97 . . $86.50
98 . . $88.50
99 . . $90.50
100. . $92.50
101. . $94.50
102. . $96.50
103. . $98.50
104. $100.50
105 . $102.50
FINES DOUBLE for violation of any of the following sections if violated in an
active work zone manned by workers acting in their official capacity:
PaVC Sec. 3326
DUTY OF DRIVER IN CONSTRUCTION AND MAINTENANCE AREAS.
3102
3111
3112
3114
3302
3303
3304
3305
3306
3307
3309
3310
3323
3326
3361
3362
3702
3714
3736
3802
SUBSECTION (a)(2)
55 mph in any other
location.
SUBSECTION (a)(3)
Any other maximum speed
limit established.
■ Active work zones must be designated at the start with a white strobe
flashing light or other unique illuminating device attached to the
“Active Work Zone When Flashing” sign.
■ All motorists are required to travel with their headlights on in posted
work zones. (Secondary) (Summary offense, fine: $25.)
■ Motorists driving in an active work zone may be cited for exceeding
the speed limit.
■ Motorists convicted of driving 11 miles per hour or more above the
posted speed limit, or who are involved in a crash in an active work
zone and are cited and convicted for failing to drive at a safe speed
will automatically lose their license for 15 days.
– Drivers will be given up to an additional 5 years jail term if convicted
of homicide by vehicle in an active work zone.
– Drivers will be given up to an additional 2 years jail term if convicted
of aggravated assault by vehicle in an active work zone.
Motorcycle, motor-driven cycle, pedalcycle, motorized pedalcycle or recreational
vehicle not intended for highway use are exempt from surcharge.
§3802 (a) General Impairment
(1) Incapable of Safe Driving
(2) Blood Alcohol Content (BAC)
.08% to .099% within 2 hours
No BAC available
No Implied Consent Violation
No Crash: No injury/death or
property damage
§3802 (b) High Rate of Alcohol
BAC .10% to .159% within 2 hours
BAC .08% to .099% with crash resulting in
injury/death or property damage
Incapable of Safe Driving
Minors: BAC .02% or greater within 2 hours
Commercial drivers:
BAC .04% or greater within 2 hours
School Bus or School Vehicle Drivers:
BAC .02% or greater within 2 hours
§3802 (c) Highest Rate of Alcohol
BAC .16% or higher within 2 hours
§3802 (d) Controlled Substance
Schedule 1,2, or 3 substances not
medically prescribed or their metabolites
Incapable of Safe Driving
Violation of §3802(a) (1): Refused chemical
test of breath or blood to determine BAC or
presence of controlled substance.
§3803 (b) (5) Violation Committed with
Minor Occupant in Vehicle (under 18)
Additional Penalty Imposed
First-Degree Misdemeanor
Fine: Minimum $1,000.00
18 Month License Suspension
DNA Sample Collected
100 Hours of Community Service
First-Degree Misdemeanor
Fine: Minimum $2,500.00
18 Month License Suspension
DNA Sample Collected
1 Month - 6 Months Imprisonment
Third-Degree Felony
18 Month License Suspension
DNA Sample Collected
6 Months - 2 Years Imprisonment
Third-Degree Felony
18 Month License Suspension
DNA Sample Collected
6 Months - 2 Years Imprisonment
LEVELS OF IMPAIRMENT
Third-Degree Felony
Fine: $500.00 to $15,000.00
Fine 10 Days – 7 Years Imprisonment
18 Month License Suspension
DNA Sample Collected
Mandatory 1-Year Ignition Interlock
Ignition Interlock: Eligible after 9 Months
CRN Evaluation & D&A assessment
Compliance with D&A treatment as part of sentencing
Third-Degree Felony
Fine: $1,500.00 to $15,000.00
1-Year – 7 Years Imprisonment
18 Month License Suspension
DNA Sample Collected
Mandatory 1-Year Ignition Interlock
Ignition Interlock: Eligible after 9 Months
CRN Evaluation & D&A assessment
Compliance with D&A treatment as part of sentencing
Second-Degree Felony
Fine: $2,500.00 to $25,000.00
1-Year – 10 Years Imprisonment
18 Month License Suspension
DNA Sample Collected
Mandatory 1-Year Ignition Interlock
Ignition Interlock: Eligible after 9 Months
CRN Evaluation & D&A assessment
Compliance with D&A treatment as part of sentencing
Fourth/Subsequent Offenses In 10 Years
Second-Degree Misdemeanor
Fine: $500.00 to $5,000.00
10 Days – 2 Years Imprisonment
12 Month License Suspension
Mandatory 1-Year Ignition Interlock
Ignition Interlock: Eligible after 6 Months
CRN Evaluation & D&A assessment
Compliance with D&A treatment as part of sentencing
First-Degree Misdemeanor
Fine: $1,500.00 to $10,000.00
90 Days – 5 Years Imprisonment
18 Month License Suspension
DNA Sample Collected
Mandatory 1-Year Ignition Interlock
Ignition Interlock: Eligible after 9 Months
CRN Evaluation & D&A assessment
Compliance with D&A treatment as part of sentencing
Third-Degree Felony
Fine: $2,500.00 to $15,000.00
1-Year – 7 Years Imprisonment
18 Month License Suspension
DNA Sample Collected
Mandatory 1-Year Ignition Interlock
Ignition Interlock: Eligible after 9 Months
CRN Evaluation & D&A assessment
Compliance with D&A treatment as part of sentencing
Third/Subsequent Offenses In 10 Years
Ungraded Misdemeanor
Fine: $300.00 to $2,500.00
5 Days – 6 Months Imprisonment
12 Month License Suspension
Mandatory 1-Year Ignition Interlock
Ignition Interlock: Eligible after 6 Months
Attend Alcohol Highway Safety School
CRN Evaluation & D&A assessment
Compliance with D&A treatment as part of sentencing
Ungraded Misdemeanor
Fine: $750.00 to $5,000.00
30 Days – 6 Months Imprisonment
12 Month License Suspension
Mandatory 1-Year Ignition Interlock
Ignition Interlock: Eligible after 6 Months
Attend Alcohol Highway Safety School
CRN Evaluation & D&A assessment
Compliance with D&A treatment as part of sentencing
First-Degree Misdemeanor
Fine: $1,500.00 to $10,000.00
90 Days – 5 Years Imprisonment
18 Month License Suspension
DNA Sample Collected
Mandatory 1-Year Ignition Interlock
Ignition Interlock: Eligible after 9 Months
Attend Alcohol Highway Safety School
CRN Evaluation & D&A assessment
Compliance with D&A treatment as part of sentencing
Second Offense In 10 Years
Ungraded Misdemeanor
Fine: $300.00
6 Months Minimim Mandatory Probation
No Mandatory Imprisonment
No License Suspension
Attend Alcohol Highway Safety School
CRN Evaluation & D&A assessment, if appropriate
Compliance with D&A treatment as part of sentencing
Ungraded Misdemeanor
Fine: $500.00 to $5,000.00
48 Consecutive Hours – 6 Months Imprisonment
12 Month License Suspension
Mandatory 1-Year Ignition Interlock
Ignition Interlock: Eligible Immediately
Attend Alcohol Highway Safety School
CRN Evaluation & D&A assessment, if appropriate
Compliance with D&A treatment as part of sentencing
Ungraded Misdemeanor
Fine: $1,000.00 to $5,000.00
72 Consecutive Hours – 6 Months Imprisonment
12 Month License Suspension
Mandatory 1-Year Ignition Interlock
Ignition Interlock: Eligible Immediately
Attend Alcohol Highway Safety School
CRN Evaluation & D&A Assessment
Compliance with D&A treatment as part of sentencing
First Offense In 10 Years
• §3735 Homicide by Vehicle While DUI: Convicted of unintentially causing the death of another as the result of a §3802 violation: 1st offense: 2nd-Degree Felony; Minimum Imprisonment of 3-years; Consecutive 3-year imprisonment for each death.
2nd offense: 1st-Degree Felony; Minimum Imprisonment of 5-Years; Consecutive 5-year imprisonment for each death. 3rd offense: 1st-Degree Felony; Minimum Imprisonment of 7-years; Consecutive 7-year imprisonment for each death.
• §3735.1 Aggravated Assault by Vehicle While DUI: Convicted of negligently causing the serious bodily injury to another
person as the result of a §3802 violation commits a second-degree felony. In addition to any other penalty provided by
law, may be sentenced to an additional confinement not to exceed two years.
• §3808 Illegally Operating a Motor Vehicle Not Equipped With Ignition Interlock: (a) 1st Offense: Fine: $300 to $1,000/Imprisonment: Not more than 90 days;
(b) Tampering with Ignition Interlock: Attempting to bypass or circumvent the system: Fine: $300 to $1,000/Imprisonment: Not more than 90 days;
(c) 2nd Offense: 1-year license suspension plus 1-year Ignition Interlock.
• §3802(a)(1) violations have an enhanced penalty
when there is an implied consent violation.
• All penalties include up to 150 hours of community service and a
Court Reporting Network (CRN) drug and alcohol (D&A) evaluation.
• §3802 violation with a
previous §3735 Homicide by
Vehicle While DUI commits a
Felony of the 3rd Degree.
• When a full assessment indicates a need for counseling or treatment, the Court is required to order treatment as indicated by the assessment.
When the Court orders treatment or counseling, the Court is required to order the statutory maximum as the top end of the Offender’s sentence.
SPEEDING FINE SCALE
Child Passenger Protection Law: 75 Pa. C. S. A. §4581
Section Offense Fine
Exemptions
4581(a)(1)(i)
4581(a)(1.1)
4581(a)(1)(ii)
4581(a)(1)(iii)
4581(a)(2)(i)(A)
4581(a)(2)(i)(B)
4581(a)(2)(ii)
4581 (a)(3)
All drivers operating a passenger car, Class I truck, Class II truck, classic motor vehicle, antique motor vehicle or motor
home are responsible to secure children from birth to age 4 in an approved child passenger restraint system.
All drivers operating a passenger car, Class I truck, Class II truck, classic motor vehicle, antique motor vehicle or motor
home are responsible to secure children younger than age 2 in a rear-facing child restraint system, to be used until the
child outgrows the maximum weight and height limits designated by the car seat manufacturer.
All drivers operating a passenger car, Class I truck, Class II truck, classic motor vehicle, antique motor vehicle or
motor home are responsible to secure children from 4 years of age up to 8 years of age in a seat belt system and an
appropriately fitting child booster seat.
This section applies to vehicles where a seating position is available which is equipped with a seat belt or other
means to secure child restraint systems or originally equipped with seat belts.
The driver of a passenger car, Class I truck, Class II truck or motor home who is under 18 years of age shall be
restrained in a properly adjusted and fastened seat belt.
Drivers operating a passenger car, Class I truck, Class II truck or motor home are responsible to secure children from
8 years of age up to 18 years of age in a seat belt system anywhere in the vehicle.
The driver and front seat passengers of a passenger car, Class I truck, Class II truck, or motor home must wear a
properly adjusted seat belt.
A driver who is under 18 years of age may not operate a motor vehicle in which the number of passengers
exceeds the number of available seat belts in the vehicle.
Primary Enforcement
Fine: $75.00 plus court costs, Surcharge, EMS, JCP, or proof of car seat purchase.
Primary Enforcement
Fine: $75.00 plus court costs, Surcharge, EMS, JCP, or proof of car seat purchase.
Primary Enforcement
Fine: $75.00 plus Surcharge, EMS, JCP, or proof of car seat purchase.
Primary Enforcement
Fine: $10.00 plus Surcharge, EMS, JCP - no court costs assessed.
Primary Enforcement
Fine: $10.00 plus Surcharge, EMS, JCP - no court costs assessed.
Secondary Enforcement
Fine: $10.00 plus Surcharge, EMS, JCP when convicted of a primary offense.
Primary Enforcement
Fine: $10.00 plus Surcharge, EMS, JCP - no court costs assessed.
67 Pa. Code Chapter 102: All children who are 4 years of age but younger than 8 years of age:
• and weigh less than 40 pounds, may remain securely fastened in a car seat with a harness appropriate for the child’s height
and weight in accordance with the recommendations of the manufacturer, instead of being securely fastened in a booster;
• who weigh more than 80 pounds or who are 4 feet 9 inches or taller, may be fastened in the seat belt system without using
a booster seat;
• riding in a passenger position in the vehicle which was not originally equipped with a shoulder belt shall be fastened in the
seat belt system without the use of a child booster seat or may be fastened in a car seat with a harness appropriate for their
height and weight in accordance with the recommendations of the manufacturer;
• may satisfy the requirements of the child passenger safety law when secured in an integrated child restraint system or booster
seat in accordance with the child restraint system or vehicle seat designed to accommodate children under 80 pounds, which
is integrated into the design of the vehicle by the vehicle manufacturer.
Exemptions include:
• Drivers and front seat passengers of automobiles manufactured before July 1, 1966;
• Carriers of medical or psychological excuses signed by a physician;
• Rural letter carriers between the first and last delivery points; or
• Service vehicle operators driving at speeds less than 15 mph and making frequent stops.
DISCLAIMER: This TIPP Fine Card is printed as a public service. The PA Traffic Injury Prevention Project, the PA Chapter of the American Academy of Pediatrics and PennDOT
make no representation as to the accuracy, completeness or utility, and assume no liability for any general or specific use of or reliance on the information provided herein.
25 35 40 45 55 65 70
mph
zone
mph
zone
mph
zone
mph
zone
mph
zone
mph
zone
mph
zone
67 Pa. Code Chapter 102: Exemption from use of a child passenger restraint system
for medical reasons may be obtained upon written certification by a physician that use
of a child passenger restraint system is impractical. The certification must be made on a
Department of Transportation form requiring: physician’s name and practice address; date
the form was completed; name, age, and weight of the child; medical or physical reasons
that the use of a particular child restraint system or systems is impractical. Information will
also include: recommendation of the type of passenger restraint system the child should be
secured or that no child restraint system is known; length of time the exemption is in place
or a statement of the conditions under which the exemption should be lifted; and other
information deemed relevant by the physician. The completed form must be in the vehicle
with the child whenever the child is transported.
Printed by the PA Traffic Injury Prevention Project which is sponsored by the PA Chapter of the American Academy of Pediatrics and funded through the PA Department of Transportation.
INFORMATION: 1-800-CAR-BELT
(1-800-227-2358)
REVISED 5/2023
§
3802 (f) Commercial or School Vehicles
1. An individual may not drive, operate or be in control of a
commercial vehicle, school bus or school vehicle if after imbibing
a sufficient amount of alcohol that the breath or blood alcohol
concentration is:
0.04% or greater within two hours of driving a commercial
vehicle.
0.02% or greater within two hours of driving a school bus or
school vehicle.
2. An individual may not drive, operate or be in control of a
commercial vehicle, school bus or school vehicle if after imbibing
a sufficient amount of alcohol that renders that individual
incapable of safely driving.
3. An individual may not drive, operate or be in control of a
commercial vehicle, school bus or school vehicle while the
individual is under the influence of a controlled substance or
combination of controlled substances.
4. An individual may not drive, operate or be in control of a
commercial vehicle, school bus or school vehicle while the
individual is under the combined influence of alcohol and a
controlled substance or combination of controlled substances.
§
3802 (g) Exception to Two-Hour Rule
• Evidence of alcohol or controlled substance concentration more
than two hours after driving, operating, or in control of a vehicle
is sufficient under the following circumstances:
1. There is good cause that the chemical test sample could not be
obtained within 2-hours; and
2. It is established that the person did not imbibe any alcohol or
utilize a controlled substance between the time of the arrest and
the time the sample was obtained.
§
3803 Grading – See Chart
§
3804 Penalties – See Chart
§
3802 (a) (1) General Impairment
• An individual may not drive, operate or be in control of a vehicle
after imbibing a sufficient amount of alcohol that renders that
individual incapable of safely driving.
§
3802 (a) (2)
• An individual may not drive, operate or be in control of a vehicle
after imbibing a sufficient amount of alcohol that the breath or blood
alcohol concentration is 0.08% but less than 0.10% within two hours
of driving.
§
3802 (b) High Rate of Alcohol
• An individual may not drive, operate or be in control of a vehicle
after imbibing a sufficient amount of alcohol that the breath or blood
alcohol concentration is 0.10% but less than 0.16% within two hours
of driving.
§
3802 (c) Highest Rate of Alcohol
• An individual may not drive, operate or be in control of a vehicle
after imbibing a sufficient amount of alcohol that the breath or blood
alcohol concentration is 0.16% or higher within two hours of driving.
§
3802 (d) Controlled Substances
1. An individual may not drive, operate or be in control of a vehicle if:
there is any amount of a non-prescribed Schedule I, II, III controlled
substance or its metabolite in the blood.
2. The individual is under the influence of a drug or combination of
drugs which impairs the individual’s ability to safely drive.
3. The individual is under the combined influence of alcohol and a drug
or combination of drugs which impairs the individual’s ability to
safely drive.
4.
The individual is under the influence of a solvent or noxious substance.
§
3802 (e) Minors (under 21)
• A minor may not drive, operate or be in control of a vehicle after
imbibing a sufficient amount of alcohol that the breath or blood
alcohol concentration is 0.02% or higher within two hours of driving.
Driving After Imbibing Alcohol or Controlled Substance
Pennsylvania Crimes and Offenses - Title 18
PENNSYLVANIA VEHICLE CODE SAFETY VIOLATIONS
Primary Enforcement
Section 4581 (a)(2)(i) (A) Restraint Systems
■
Drivers who are under 18 years of age shall be secured
in a properly fitted seat belt system.
Section 4581 (a)(2)(i) (B) Restraint Systems
■
Drivers are responsible to secure all children from 8
years of age up to 18 years of age in a seat belt system
any where in the vehicle.
FINE:
$10.00 plus Surcharge, EMS and JCP –
no court costs assessed.
Secondary Enforcement
Section 4581 (a)(2)(ii) Restraint Systems
■
A driver and front seat passenger, 18 years of age
or older, shall wear a properly adjusted and fastened
seat belt system.
■
Exemptions include carriers of medical or psychological
excuses signed by a physician, rural letter carriers,
deliverers of goods or service vehicle operators driving
at speeds less than 15 mph and making frequent
stops, drivers and front seat passengers of automobiles
manufactured before July 1, 1966.
FINE:
$10.00 plus Surcharge, EMS, and JCP when
convicted of a primary offense.
Primary Enforcement
Section 4581 (a)(3) Restraint Systems
■
A driver who is under 18 may not operate a motor
vehicle in which the number of passengers exceeds the
number of available seat belts in the vehicle.
FINE:
$10.00 plus Surcharge, EMS and JCP - no
court costs assessed.
Child Passenger Safety Law
Section 3345 (a)
■
The driver of a vehicle meeting or
overtaking a school bus shall stop at
least 10 feet before reaching the school
bus when the red signal lights are
flashing and the side signal stop arm
is activated.
■
The driver shall not proceed until the
red lights are no longer flashing and all
children have reached a place of safety.
■
The driver of a vehicle approaching
an intersection where a school bus
is stopped with its red signal lights
flashing shall stop until the red lights are
no longer flashing and all children have
reached a place of safety.
FINE:
$250.00 plus 5 points and a
60 day license suspension. ($35 surcharge)
Section 3345 (b)
■
The driver of a vehicle meeting or
overtaking any school bus shall proceed
past the school bus with caution and shall
be prepared to stop when the amber signal
lights are flashing.
Section 3345 (g)
■
The driver of a vehicle upon a highway
or traffic way with separate roadways need
not stop upon meeting or passing a school
bus with actuated red signal lights which is
on a different roadway.
Meeting or Overtaking
School Bus
Section 3365 (b)
School Zones
■
The driver of a vehicle shall not exceed 15 mph
in a designated school zone.
FINE:
$35.00
An additional $2 is added for each mile in excess of
5 mph over the maximum speed limit. A driver may
be cited and receive a maximum fine of $500 and
3 points if the speed is in excess of 11 mph over the
speed limit. Second and subsequent offenses will
result in a 60 day suspension.
Special Speed Limitations
Section 3510 (a)
■
A person under 12 years of age shall not
operate a pedalcycle or ride as a passenger on
a pedalcycle unless the person is wearing an
approved pedalcycle helmet. This also applies to
a person who rides:
1.
upon a pedalcycle while in a restraining seat
attached to a pedalcycle; or,
2.
in a trailer towed by a pedalcycle.
FINE:
All inclusive fine and costs not to exceed $25.00.
Pedalcycle is defined as a vehicle propelled solely by
human powered pedals. Tricycles and “Big Wheels”
with a main driving wheel of 20” diameter or under
and primarily designed for children 6 years and
younger are not subject to the helmet law.
Pedalcycle Helmets for Certain Persons
Section 1503 (c)
■
The department may issue a junior driver’s license to a
person 16 or 17 years of age. The junior driver’s license
shall automatically become a regular license when the
junior driver attains 18 years of age.
■
No licensed junior driver shall drive a vehicle upon a
public highway between 11 p.m. and 5 a.m. unless
accompanied by a spouse 18 years of age or older, a
parent or a person in loco parentis.
■
A licensed junior driver may drive a vehicle upon a public
highway between 11 p.m. and 5 a.m. between the junior
driver’s home and activity or employment or if the junior
driver is a member of a volunteer fire company authorized
by the fire chief to engage in fighting fires, is engaged in
public or charitable service or is employed and carrying
an affidavit or certificate of authorization signed by the
fire chief, supervisor, or employer indicating the probable
schedule of activities.
■
For the first six months after the issuance of the junior
driver’s license, a junior driver shall not drive a vehicle
with more than one passenger under 18 years of age who
is not a member of the driver’s immediate family unless
accompanied by a legal guardian.
■
After the first six months, a junior driver shall not drive a
vehicle with more than three passengers under 18 years
of age who are not members of the driver’s immediate
family unless accompanied by a legal guardian. If the
junior driver has been partially or fully responsible for
a reportable accident or has been convicted of any
violation during the first six months, they may not drive
with more than one passenger under the age of 18 unless
accompanied by a legal guardian.
■
In the event that a licensed junior driver is involved in a
reportable accident for which the junior driver is partially
or fully responsible or is convicted of any violation, the
department may suspend the operating privileges of the
junior driver until the age of 18 is attained or for a period
of time not exceeding 90 days.
■
Immediate family includes siblings and step siblings as well
as foster or adopted children living in the same household.
Passengers in Open Trucks
Section 3719
■
An open bed pick-up truck or open flat bed 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.
■
An open bed pick-up truck or open flat bed 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.
Refer to vehicle code for additional exemptions.
§6307 Misrepresentation of age to secure liquor, malt,
or brewed beverages
• A minor falsely representing that he is 21 to procure
alcohol, malt, or brewed beverages is guilty of:
– 1st Offense: Summary
– 2nd Offense: 3rd-Degree Misdemeanor
– Fine: Up to $500.00
§6308 Purchase, Consumption, Possession, or
Transportation of Liquor, Malt or Brewed Beverages
• A minor attempts to purchase, purchases, consumes,
possesses or knowingly transports any liquor, malt, or
brewed beverage commits a summary offense.
– 1st Offense: Up to $500.00
– 2nd and Subsequent Offenses: Up to $1,000.00
– Police Department shall notify the parents or
guardian of the minor.
§6310.1 Selling or Furnishing Liquor or Malt or Brewed
Beverages to Minors
• Intentionally and knowingly selling or furnishing any
liquor, malt or brewed beverage to a minor commits a
misdemeanor of the 3rd degree.
– 1st Offense: Not less than $1000.00
– 2nd and Subsequent Offenses: $2500.00
§6310.3 Carrying a False Identification Card
• A minor possessing an identification card falsely
identifying that the minor is 21 years of age or older
or obtains or attempts to obtain liquor, malt, or
brewed beverages is guilty of:
– 1st Offense: Summary
– 2nd Offense: 3rd-Degree Misdemeanor
– Fine: Up to $500.00
– Police Department shall notify the parents or
guardian of the minor.
Right-of-Way of
Pedestrians in Crosswalks
Section 3542 (a)
■
When traffic control signals are not in
place or not in operation, the driver of
a vehicle shall yield the right-of-way
to a pedestrian in any marked or
unmarked crosswalk.
FINE:
$50.00 plus 2 points
Age & Weight
Guidelines
Selection:
Type of Car Seat
Direction:
Location:
All children under the age of 13 should ride in a back seat of the vehicle.
Harnessing:
Harness straps must be at or below shoulder level
AND
Harness straps fit snugly on the child
AND
Harness retainer clip is at armpit level.
Harness straps must be at or above shoulder level
AND
Harness straps fit snugly on the child
AND
Harness retainer clip is at arm pit level.
Always used with a Lap and Shoulder Belt.
NEVER use a Booster Seat with only a lap belt.
The shoulder belt should rest snugly across
the center of the chest and shoulder.
NEVER
place the shoulder belt under the
arm or behind the back.
The lap belt should be placed low and
snug across the hips/upper thighs.
Installation:
Seat Belt or LATCH
NEVER place a rear-facing car seat in the front
seat with an active passenger-side front air bag.
Car seats are installed at
no more than a 45
degree angle
following the manufacturer’s
instructions.
Car seats should be secured with the
vehicle seat belt or the lower anchors of the
LATCH system routed and locked through the
correct belt path.
The secured car seat allows no more than
1-inch of side-to-side movement when pulled at
the belt path.
Move the vehicle seat all the way back if car seat is
installed in the front seat with an active passenger-side
front air bag.
Review car seat instructions to determine if the car
seat must be upright, or if there is an approved
forward-facing reclined position.
Secured the car seat with the vehicle seat belt or
lower anchors of the LATCH system routed and locked
through the correct belt path. The secured car seat
allows no more than 1-inch of side-to-side movement
when pulled at the belt path.
Use the tether with the seat belt or the lower anchors,
whenever possible for forward-facing.
Booster seat is used with a Lap and
Shoulder Belt in a back seat of the vehicle.
Move the vehicle seat all the way back if the
booster seat is placed in the front seat in front
of an active passenger-side front air bag.
The shoulder belt should rest snugly across
the center of the chest and shoulder.
NEVER place the shoulder belt under the
arm or behind the back.
The lap belt should be placed low and snug
across the hips/upper thighs.
Seat Belts can be used when the child is:
• Able to sit with back and hips against the
vehicle seat back without slouching;
• Able to bend their knees easily over the
front edge of the vehicle seat with their
feet flat on the floor.
• Stay correctly seated for the entire ride.
Always use a properly positioned
head restraint.
Rear-Facing
Forward-Facing
Forward-Facing
Forward-Facing
Rear-Facing Car Seat
Birth to age 2.
Children should ride
in a rear-facing car seat as long as
possible, at least to age 2 and until they
reach the highest weight or height by the
car seat manufacturer.
Note: If a child outgrows, in height or weight, the currently
available rear-facing car seat, follow the manufacturer’s
instructions to appropriately secure these children.
Forward-Facing Car Seat
Children who are at least age 2 and have
outgrown their rear-facing car seat, should
use a forward-facing car seat for as long as
possible, up to the highest weight or height
allowed by the car seat manufacturer.
Belt-Positioning Booster Seat
Children who have outgrown their
forward-facing car seat with a harness
should use a belt-positioning booster
seat.
Children should remain in a belt-
positioning booster seat until the vehicle
lap and shoulder belt fit properly.
Seat Belt
Children who have outgrown the
belt-positioning booster seat at
approximately
4 feet 9 inches
tall and between 8 – 12 years of
age
should always wear a properly
fitted lap and shoulder belt.
Rear-Facing Only Car Seat
OR
Rear-Facing Convertible Car Seat
WEIGHT: Minimum and maximum weights are
provided on a car seat label – weight can range
from birth to 50 pounds.
HEIGHT: The child is too tall for the car seat if
the top of the child’s head is within 1-inch
of the top of the car seat.
Forward-facing Convertible Car Seat
OR
Forward Facing only/Combination Car Seat with Harness
WEIGHT: Minimum and maximum weights are provided
on a car seat label – weight can range from
20 pounds to 90 pounds.
HEIGHT: The child is too tall for the car seat if the child’s ears
are above the top of the car seat.
High-Back Belt-Positioning Booster Seat
OR
No-Back Belt-Positioning Booster Seat
(Use only when the vehicle seating position provides a head restraint)
WEIGHT: Minimum and maximum weights are
provided on a booster seat label –
weight can range from 30 pounds to 125 pounds.
Lap and Shoulder Belt
Lap belts do not provide upper body
protection. As a result, head, neck, and
spine injuries can occur.
It is recommended that all vehicle occupants
use a lap and shoulder belt to provide both
lower and upper body protection.
Rear
Facing
Forward
Facing
Booster Seat Belt
Primary Enforcement
Section 3316 (A)
■
No driver shall operate a motor vehicle while
using an interactive wireless communication
device to send, read or write a text-based
communication while the vehicle is in motion.
■
Interactive Wireless Communications Device
includes a wireless phone, personal digital
assistant, smart phone, portable or mobile
computer or similar device that can be used
for texting, instant messaging, emailing or
browsing the Internet.
■
The term does not include a device being
used exclusively as a global positioning or
navigation system, a system that is physically or
electronically integrated into the vehicle, or a
communication device that is affixed to a mass
transit vehicle, bus or school bus.
■
Text-based communication is defined as a text
message, instant message, electronic mail, or
other communication composed or received on
an interactive communications device.
FINE:
$50.00 plus court costs, Surcharge,
EMS, and JCP. The law does not authorize
seizure or forfeiture of an interactive wireless
communication device.
Prohibiting Text-Based
Communications Law
Persons Ineligible for Licensing;
License Issuance to Minors;
Junior Driver’s License
Safety Belt Use Law
Primary Enforcement
Section 4581 (a)(1)(i) Restraint Systems
■
All drivers are responsible to secure children from
birth to age 4 in an approved child passenger
restraint system.
Section 4581 (a)(1)(ii) Restraint Systems
■
All drivers are responsible to secure children younger
than age 2 in a rear-facing car seat, to be used
until the child outgrows the maximum weight and
height limits designated by the car seat manufacturer.
(Effective August 12, 2016; Verbal warnings issued
for one-year after this section takes effect.)
FINE:
$75.00 plus court costs, Surcharge, EMS,
JCP or proof of car seat purchase.
Section 4581 (a)(1.1)
■
All drivers are responsible to secure children from
4 years of age up to 8 years of age in a seat belt
system and an appropriately fitting child booster seat.
■
Exemptions are allowed under the law. Guidelines
have been prepared by the Department of
Transportation.
See Title 67: Transportation Section 102.
FINE:
$75.00 plus court costs, Surcharge, EMS,
JCP or proof of car seat purchase.
Child Passenger Safety Guide for Law Enforcement
>
>
>
>
