4107 - Unlawful activities.
§ 4107. Unlawful activities. (a) Violation of vehicle equipment standards.-- (1) It is unlawful for any person to sell, offer for sale, lease, install or replace, either separately or as part of the equipment of a vehicle, any item of vehicle equipment affecting the operation of the vehicle which does not comply with this title or regulations promulgated thereunder, or which does not comply with an applicable Federal motor vehicle safety standard adopted by regulation by the department. (2) Any person convicted of violating this subsection shall be subject to a civil penalty of not more than $100 for each violation. Each violation of the provisions of this subsection shall constitute a separate violation with respect to each motor vehicle or item of motor vehicle equipment or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty shall not exceed $10,000 for any related series of violations. (b) Other violations.--It is unlawful for any person to do any of the following: (1) Willfully or intentionally remove (other than for purposes of repair and replacement) or render inoperative, in whole or in part, any item of vehicle equipment which was required to be installed at the time of manufacture or thereafter upon any vehicle, by any law, rule, regulation or requirement of any officer or agency of the United States or of the Commonwealth, if it is intended that the vehicle be operated upon the highways of this Commonwealth unless the removal or alteration is specifically permitted by this title or by regulations promulgated by the department. (2) Operate, or cause or permit another person to operate, on any highway in this Commonwealth any vehicle or combination which is not equipped as required under this part or under department regulations or when the driver is in violation of department regulations or the vehicle or combination is otherwise in an unsafe condition or in violation of department regulations. (2.1) Operate a motor carrier vehicle, bus or school bus the brake system of which is in such condition that further operation would be hazardous under section 4704(c)(1) (relating to inspection by police or Commonwealth personnel). (3) Do any act forbidden by this part or fail to perform any act required under this part. (b.1) Out-of-service criteria.--No person shall operate a motor carrier vehicle or cause, permit, require or otherwise allow any other person to operate a motor carrier vehicle in violation of driver out-of-service criteria or standards periodically adopted by the United States Department of Transportation and adopted by reference by the department under the provisions of section 6103 (relating to promulgation of rules and regulations by department). The department shall coordinate with the Pennsylvania Public Utility Commission in the enforcement of this subsection and 66 Pa.C.S. § 3312 (relating to evasion of motor carrier and broker regulations). (c) Use of certain equipment unaffected.--This part shall not be construed to: (1) Prohibit the use of parts or equipment required by the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 718, 15 U.S.C. § 1381) or the use of any other parts or accessories on any vehicle not inconsistent with the provisions of this title or regulations promulgated thereunder. (2) Limit the use of independent after market repair and service parts in the repair of vehicles and items of vehicle equipment unless in violation of the provisions of this title or regulations promulgated thereunder. (d) Penalty.-- (1) (i) Except as provided in subparagraph (ii), a person who operates a motor carrier vehicle or a bus in violation of subsection (b)(2) commits a summary offense and, upon conviction, shall be sentenced to pay a fine of $25 per violation, except that the minimum fine for a violation not related to driver's hours of service which causes the driver or the vehicle to be placed out of service under section 4704(c) (relating to inspection by police or Commonwealth personnel) shall be $50 per violation. The maximum fine which may be levied on the basis of multiple charges filed together shall be $500. (ii) A person who operates a motor carrier vehicle, bus or school bus in violation of subsection (b)(2.1) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $150, except that, if multiple charges are filed together, the fine shall be $300 per violation. (2) (i) Except as provided in subparagraph (ii), a person who causes, permits, requires or otherwise allows another person to operate a motor carrier vehicle or a bus in violation of subsection (b)(2) commits a summary offense and, upon conviction, shall be sentenced to pay a fine of $50 per violation, except that the minimum fine for a violation not related to driver's hours of service which causes the driver or the vehicle to be placed out of service under section 4704(c) shall be $100 per violation. The maximum fine which may be levied on the basis of multiple charges filed together shall be $1,000. (ii) A person who causes, permits, requires or otherwise allows another person to operate a motor carrier vehicle, bus or school bus in violation of subsection (b)(2.1) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $300, except that, if multiple charges are filed together, the fine shall be $600 per violation. (3) Any person who violates subsection (b.1) as it relates to driver's hours of service commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500 per violation. (4) The department shall coordinate with the commission in the enforcement of this subsection and 66 Pa.C.S. § 3312(a). (e) Exception for certain frozen dessert trucks.--Any frozen dessert truck which is equipped with a side stop signal arm and flashing or revolving red or amber lights may be operated within this Commonwealth without violating the provisions of this part and sections 4552 (relating to general requirements for school buses), 4571 (relating to visual and audible signals on emergency vehicles) and 4572 (relating to visual signals on authorized vehicles) so long as the side stop signal arm and the flashing or revolving red or amber lights are not utilized or activated within this Commonwealth. (June 19, 1985, P.L.49, No.20, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. imd.; June 19, 2001, P.L.281, No.21, eff. imd.; Dec. 23, 2002, P.L.1982, No.229, eff. 6 months; July 5, 2005, P.L.100, No.37; Dec. 18, 2007, P.L.436, No.67, eff. 60 days) 2007 Amendment. Act 67 amended subsec. (d)(3). 2005 Amendment. 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. 2002 Amendment. Act 229 amended subsecs. (b) and (d). 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 Amendment. Act 21 amended subsec. (d) and added subsec. (b.1). 1998 Amendment. Act 151 added subsec. (e). References in Text. Section 3312(a) of Title 66 (Public Utilities), referred to in subsec. (d)(4), does not exist. Cross References. Section 4107 is referred to in section 6309 of this title.