More Changes for Pennsylvania Motorists

More Changes for Pennsylvania Motorists

Dale G. Larrimore, Esq.

     Highway Safety Law Awareness Law Awareness Week just ended. PennDOT’s Leslie Richards made a concerted effort to make sure that the public is educated about highway safety laws that were recently passed or updated and how they impact drivers. The following are a few more of the driving safety laws enacted recently in the Commonwealth of Pennsylvania
“Child Passenger Safety” Law Update
     In August 2016, Pennsylvania’s updated Child Passenger Safety Law became effective, making it mandatory for children to be buckled into a rear-facing car seat until the age of 2, or until they meet the maximum weight or height requirements set by the manufacturer of the seat.
     With the new law, Pennsylvania becomes the fourth state in the country to mandate rear-facing seat positioning until 2. The other states that have passed similar laws are California, New Jersey and Oklahoma. Anyone who violates the law will receive a verbal warning only for the first year. Beginning in August 2017, each violation will result in a $125 fine.
     According to AAA, car crashes are the leading cause of death and injury for children less than 14. “This new child car seat regulation makes Pennsylvania a leader in child passenger safety,” said Jana L. Tidwell of AAA Mid-Atlantic. “Industry research, including the American Academy of Pediatrics, the National Highway Traffic Safety Administration, and the National Transportation Safety Board, clearly shows infants and toddlers should continue to ride rear-facing until they reach the highest weight or height recommended by the manufacturer of the seat."
     Upon signing the bill in June, Gov. Tom Wolf said: “We have no greater responsibility as public servants than protecting our most vulnerable, including especially young children."

Daniel's Law

     This law is named for Daniel Gallatin, a father, grandfather, military veteran, and fireman of nearly 40 years who was killed in May of 2013 when his motorcycle was struck from behind by someone who was texting while driving. As of January 2017, this law increases the penalty for texting while driving resulting in serious bodily injury or death.

     “I am proud to sign House Bill 2025 into law which enhances the penalties for distracted driving in Pennsylvania that results in a severe injury, or death,” said Governor Tom Wolf. “This behavior, which has been allowed to go under-punished for far too long, has been demonstrated to be just as dangerous as drunk driving. Distracted driving has fatal, irreversible, and grave consequences and by signing this bill, I hope to make our roads and highways safer for our citizens, and everyone using them.”

     “It is our hope Daniel’s Law will lead to safer roads by raising awareness of the serious consequences that can happen when you text while driving,” Representative Jaret Gibbons said. “I was honored to stand up for the Gallatin family when they came to me after suffering this horrible tragedy. While we cannot bring Dan Gallatin back, at least his family will know that through this law, his loss will help to save lives,” Gibbons said.

     According the National Highway Traffic Safety Administration, 3,328 deaths were caused by distracted driving nationwide in 2012 and approximately 421,000 people were injured in accidents involving a distracted driver. Here in Pennsylvania, more than 14,800 crashes in 2015 were caused by this practice, resulting in 66 deaths. It is imperative that we make sure that our drivers are aware of the consequences of distracted driving to eliminate senseless deaths caused by this dangerous behavior.

Ignition Interlock Law

     As of August 2017, second or subsequent DUI offenders will be required to install an Ignition Interlock system in every car they operate or lease for more than a year. Each system costs $1,000. All convicted drunk drivers with an illegal blood alcohol concentration of .10 or more will now have to use ignition interlocks for a year. Previously, ignition interlocks were only required in Pennsylvania for repeat offenders.

     “This is a tremendous step toward eliminating the dangerous, revolving door of repeat drunk driving,” said MADD National President Colleen Sheehey-Church. “Ignition interlocks save lives by keeping convicted drunk drivers from repeating their decision to drive impaired. This legislation reflects the commitment of Senator Rafferty and Representative Greiner and the dozens of dedicated family members who worked tirelessly in honor of their loved ones lost to this completely preventable crime.”
     In 2014, 345 people were killed in crashes caused by a drunk driver in Pennsylvania, according to information from Mothers Against Drunk Driving. In February of last year, MADD released a report demonstrating that, by the group's estimation, ignition interlocks have stopped 1.77 million drunk driving attempts. In Pennsylvania, ignition interlocks have stopped 78,210 attempts to drive drunk.

“Senate Bill 290 received overwhelming support from my colleagues in the Senate and the House, which demonstrates the significance of ignition interlocks for most first-time DUI offenders”, said Senator Rafferty, who is chairman of the Senate Transportation Committee and primary bill sponsor. “The enactment of Senate Bill 290 is smart on crime and will strengthen our DUI laws, save lives and place offenders in a controlled driving environment.”

Another Change for Pennsylvania Drivers:

Flashing Yellow Arrow Signals

Dale G. Larrimore, Esq.[i]

The Pennsylvania Department of Transportation (PennDOT) began utilizing a new type of traffic signal on Commonwealth highways in 2016 – a Flashing Yellow Arrow signal. Motorists facing this type of signal must yield to any oncoming traffic and pedestrians before completing a left turn. While drivers always have to yield before making a left turn, this signal is a renewed warning that you may not have the right of way.

The Flashing Yellow Arrow is new in Pennsylvania, but this type of left-turn traffic signal has been used in other states where it has been proven to improve left-turn safety at signalized intersections. The Flashing Yellow Arrow signal has become commonplace in many states across the country over the last 10 years. Based on studies and transportation agency testimonials, Flashing Yellow Arrow signals improve left-turn safety by helping motorists recognize that they should yield while making left turns when there is oncoming traffic and pedestrians.

Where implemented, this signal is often part of a signal configuration with four different left-turn arrows:

• Steady green left arrow meaning the left turn is protected and oncoming traffic will be directed to stop.

• Flashing yellow arrow meaning drivers must yield to oncoming traffic and pedestrians before completing the left turn.

• Steady yellow arrow meaning drivers intending to make a left turn should prepare to stop because the signal is about to change to red.

• Steady red arrow meaning drivers making a left turn must stop and cannot proceed.

The first Flashing Yellow Arrow signals were installed in western Pennsylvania in 2016. PennDOT announced earlier this month that this signal will be placed at an intersection in southeastern Pennsylvania on February 8 – at the intersection of Route 52 (Lenape Road) and Pocopson Road / West Creek Road in Pocopson Township, Chester County. This signal is being activated as part of the project to replace the structurally deficient Route 926 (Street Road) bridge over the Brandywine Creek in Birmingham and Pocopson townships. During this project traffic will be detoured onto Route 52 while Route 926 is closed, and this new traffic signal will enhance traffic flow on Route 52.

The Flashing Yellow Arrow will move additional traffic through the crossroads by allowing a greater number of drivers to make left turns onto Pocopson Road or West Creek Road. It will be accompanied by a sign reading, “LEFT TURNS YIELD ON FLASHING YELLOW ARROW.”

All Pennsylvania drivers should be expect to see more Flashing Yellow Arrow signals installed at other intersections in the future. More information is available on the Flashing Yellow Arrow signals and other traffic signal initiatives at www.penndot.gov in the Traffic Signals, Management section of “Travel in PA”.

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[i] Dale Larrimore is the author of the authoritative treatise, Pennsylvania Rules of the Road, published by Thomson Reuters, Vol. 13 of West’s Pennsylvania Practice Series, updated annually.

2017: A Year For Change for Pennsylvania Drivers

Changes in Store for PA Drivers

Dale G. Larrimore, Esquire[1]

            2017 is going to be a year of change for drivers in Pennsylvania. In addition to the changes in the Vehicle Code or court decisions that may affect some of us, there are two more basic issues that will affect all drivers.

            First, for vehicle owners, there are new rules for the annual registration of vehicles. No longer will you receive the small sticker to be attached to your license plate on the renewal of your car registration. Vehicle owners are still obligated to register their vehicles and obtain a registration card from the Department of Transportation. However, in a move that PennDOT estimates will save the over $3 million annually, the state will no longer send little stickers to be affixed to your license plate.

            This change will enable owners to renew vehicle registrations online and print their official registration card at home, rather than receiving it through the mail. You will now also be able to register for two years at one time, by doubling the $36 annual fee. Of course, you may still mail a check to PennDOT for the annual fee and receive a registration card in the mail.

            The second major change involves the REAL ID Act, passed by the U.S. Congress in 2005, mandating changes to state standards, procedures and requirements for the issuance of driver's licenses and identification cards, if they are to be accepted as identity documents by the federal government. Pennsylvania does not currently meet these federal standards due to the passage, by the Pennsylvania General Assembly, of the REAL ID Nonparticipation Act[2] which bars the Governor and PennDOT from participating in REAL ID.

PennDOT Secretary Leslie S. Richards said in a statement in October: “In large measure, we are out of compliance for limited technical reasons and because existing state law bars us from fully complying. While we understand frustration with the cost of this unfunded federal mandate, our failure to comply because of the prohibition of current law will be a burden for Pennsylvanians.”  In a statement issued at the beginning of 2016, Secretary of Homeland Security Jeh Johnson noted that, “for a license or identification card to be REAL ID compliant, the state issuing it must, for example, incorporate anti-counterfeit technology into the card, verify the applicant's identity, and conduct background checks for employees involved in issuing driver’s licenses.”

Under the REAL ID law, airline passengers from Pennsylvania and eight other states will not be allowed to board a flight as of January 22, 2018. Of more immediate concern, however, beginning on January 30, 2017, a Pennsylvania driver’s license would not be a valid form of identification for those visiting a federal facility, nuclear power plant or military base. Pennsylvania residents will need a federally-approved form of identification to access those buildings and facilities.

In January, Gov. Wolf and Pennsylvania legislative leaders wrote to the Department of Homeland Security and committed to taking action during this legislative session to make Pennsylvania driver’s licenses REAL ID compliant. Based on that communication, Homeland Security has granted Pennsylvania a final extension, until June 6, 2017, to show real progress in complying with the law. PennDOT has estimated that compliance with the federal statute would cost over $250 million for replacement of the nine million driver’s licenses and 1.4 million photo ID cards. However, other states have issued compliant licenses at a lower cost. State legislators are taking a two-pronged approach: asking federal legislators if the REAL ID law can be changed and working out a plan to make Pennsylvania licenses more secure.

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[1] Dale Larrimore is the author of the authoritative treatise, Pennsylvania Rules of the Road, published by Thomson Reuters, Vol. 13 of West’s Pennsylvania Practice Series.

[2] Act of May 8, 2012, P.L. 254, No. 38. “Neither the Governor nor the Department of Transportation or any other Commonwealth agency shall participate in the REAL ID Act of 2005 or regulations promulgated thereunder.”