Art Lobel is The Biker's Lawyer, Motorcycle Law in Philadelphia, PA, A Street Smart Motorcycle Attorney



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ACTION ALERT - RECENT LAW CHANGES CONCERNING BIKERS

DUI Limits Changed
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The legal limits for operating a motorcycle or other motor vehicle in Pennsylvania and most states has been reduced from 1.0 to .08.

It's not very hard to achieve blood alcohol limits of .08 so be careful. There is a major nationwide crackdown on Driving While Under the Influence and the penalties are severe.

Note also that the refusal to submit to a breathalyzer can result in a license suspension and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties. The following charts show the penalties for each of the BAC categories:

General Impairment penalties (Undetermined BAC, .08 to .099% BAC)

No prior DUI offenses	ungraded misdemeanor up to 6 months probation $300 fine alcohol highway safety school treatment when ordered
1 prior DUI offense	ungraded misdemeanor 12 month license suspension 5 days to 6 months jail time $300 to $2,500 fine alcohol highway safety school treatment when ordered 1 year ignition interlock
2 or more prior DUI offenses	2nd degree misdemeanor 12 month license suspension 10 days to 2 years prison $500 to $5,000 fine treatment when ordered 1 year ignition interlock

The new law creates a higher set of penalties for those having higher BAC levels. It allows for treament at all levels, and requires alcohol highway safety school for all first and second time offenders.

High BAC penalties (.10 to .159% BAC)

No prior DUI offenses

ungraded misdemeanor

12 month license suspension

48 hours to 6 months prison

$500 to $5,000 fine

alcohol highway safety school

treatment when ordered

1 prior DUI offense

ungraded misdemeanor

12 month suspension

30 days to 6 months prison

$750 to $5,000 fine

alcohol highway safety school

treatment when ordered

1 year ignition interlock

2 or more prior DUI offenses

1st degree misdemeanor

18 month license suspension

90 days to 5 years prison

$1,500 to $10,000 fine

treatment when ordered

1 year ignition interlock

3 or more prior DUI offenses

1st degree misdemeanor

18 month license suspension

1 to 5 years prison

$1,500 to $10,000 fine

treatment when ordered

1 year ignition interlock

For those at the highest BAC levels, the new law has strict penalties, but also allows for treatment. This even-handed approach allows for individuals to receive counseling for their alcohol problem, while still penalizing those who choose to continue the dangerous practice of drinking and driving.

In addition, drivers under the influence of controlled substances and those who refuse breath or chemical testing are subject to the highest BAC category penalties.

Highest BAC penalties (.16% and higher) or Controlled Substance

No prior DUI offenses

ungraded misdemeanor

12 month license suspension

72 hours to 6 months prison

$1,000 to $5,000 fine

alcohol highway safety school

treatment when ordered

1 prior DUI offense

1st degree misdemeanor

18 month license suspension

90 days to 5 years prison

$1,500 to $10,00 fine

alcohol highway safety school

treatment when ordered

1 year ignition interlock

2 or more prior DUI offenses

1st degree misdemeanor

18 month license suspension

1 to 5 years prison

$2,500 to $10,000

treatment when ordered

1 year ignition interlock

The following outlines specific components of the new law, and changes from the previous law that impacts DUI drivers.

Blood Alcohol Content (BAC) Levels
The Blood Alcohol Content (BAC) level for per se* DUI is lowered to .08%.
-Effective September 30, 2003

Penalties for DUI will be based on BAC and prior offenses.
-Effective February 1, 2004

Accelerated Rehabilitative Disposition (ARD)
Requires courts to impose suspensions for BAC ARDs based on the following BAC ranges:

Less than .10% - no suspension,

.10% to less than .16 - 30 day suspension, or

.16% and above - 60 day suspension

-Effective February 1, 2004

License Suspensions
Suspensions will be imposed as follows:

BAC below .10% and incapable of safe driving: No suspension for first offense if the driver meets certain criteria; 12 month license suspension for second or subsequent offense.

BAC greater than or equal to .10% and less than .16%: 12 month license suspension for first and second offense. 18 month suspension for third or subsequent offense.

BAC greater than or equal to .16%: 12 month license suspension for first offense. 18 month suspension for second or subsequent offense.

Out-of-state DUI convictions: No suspension for first offense; 12 month license suspension for second or subsequent offense.

-Effective February 1, 2004

DUI Treatment and Evaluation
Treatment and evaluation processes are geared to rehabilitation.

-Effective - Phased-In Through 2009

Ignition Interlock
Drivers who receive a second or subsequent DUI violation on or after September 30, 2003, can no longer serve an additional one year suspension in lieu of obtaining an ignition interlock device. Drivers are required to install ignition interlock on all vehicles owned (including leased) before driving privileges can be restored.

-Effective September 30, 2003

Additionally, the following exemptions and penalties have been added:

Financial Hardship Exemption:Drivers may apply for an exemption from the requirement to install the ignition interlock device on all of their vehicles. If the exemption is granted, ignition interlock installation will only be required on one vehicle.
-Effective February 1, 2004

Employment Exemption:Under certain circumstances, ignition interlock restricted drivers may operate employer owned vehicles but only in the course and scope of employment. The employee must notify the employer of the ignition interlock restriction and carry proof of employer notification on a PennDOT form. The employer owned vehicle cannot be a school bus/vehicle or large passenger vehicle.
-Effective February 1, 2004

Ignition Interlock Violations:Individuals convicted of driving without or tampering with the ignition interlock device will have their ignition interlock period extended 12 month from the date of conviction for the first offense and will have their driving privileges suspended for 12 months for the second or subsequent offenses. Upon restoration they must comply with ignition interlock for 12 months. Individuals, whose driving privileges are suspended during the ignition interlock period for a non-ignition interlock violation, must complete the ignition interlock period upon restoration.
-Effective February 1, 2004

Occupational Limited Licenses (OLL's)
First time DUI offenders may be eligible for an OLL after serving 60 days of their suspension. Individuals whose licenses are suspended for 18 months (for DUI or refusing breath or chemical testing) and have no more than one prior offense may be eligible for an OLL with an ignition interlock after serving 12 months of their suspension. In addition, first time underage drinking violators may be eligible for an OLL.
-Effective February 1, 2004

Expungement of Accelerated Rehabilitation Disposition (ARD) Records
PennDOT will automatically expunge ARD records after 10 years providing a person's operating privileges were not revoked as a habitual offender and/or the person was not a commercial driver at the time of the violation.
-Effective February 1, 2004

Credit (Suspension)
Individuals suspended for driving a vehicle not equipped with an ignition interlock device or driving under a DUI-related suspension, with a BAC of .02% or greater cannot receive credit for their suspension until jail time has been served.
-Effective February 1, 2004

Implied Consent/Breath or Chemical Testing
Suspensions for individuals who refuse to submit to breath or chemical testing may be increased. Breath or chemical testing may now be required for individuals who are arrested for driving under a DUI-related suspension or driving without an ignition interlock device.
-Effective February 1, 2004

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More than one motorcycle now permitted in a single parking space in Pennsylvania

Under a provision in legislation signed by Governor Schweiker of Pennsylvania on October 4, 2002, more than one motorcycle may now occupy a single parking space. The addition of subsection e.1 to Section 3354(e) of Title 75 of the Pennsylvania Consolidated Statutes states:

(e.1) Motorcycle parking.Notwithstanding the provision of section 6301 (relating to prosecutions under local ordinances superseded by title) regarding parking violations, a local ordinance may not prohibit nor cite as a violation the parallel or angle occupancy by one or more motorcycles in any parking space on any highway otherwise available for parking for other individual vehicles, provided that the space occupied by one or more motorcycles does not exceed the space within which a single vehicle must park. In the instance of a violation applicable to any single vehicle, each motorcycle so parked shall be individually liable for any violation as if the motorcycle were the sole occupant of the parking space.

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Pennsylvania Motorcyclists "Tax Themselves" to Ensure Safer Riding*

Increased funding for state Motorcycle Safety Programs is the best way to prevent motorcycling accidents, injuries and deaths, says ABATE of PA.

HARRISBURG, PA, October 4, 2002 - The Alliance of Bikers Aimed Toward Education (A.B.A.T.E.) today hailed Gov. Schweiker's signature on Act 114, a measure that substantially increases funding for Pennsylvania's Motorcycle Safety Program, as "the best possible way to prevent motorcycling accidents, injuries and deaths on Pennsylvania's roads and highways."

The legislation was initiated by A.B.A.T.E. shortly after that organization's President, Joe Dickey, became a certified Motorcycle Safety Instructor in the program. "It quickly became apparent to me," said Dickey, "that the demand by students for rider training was far greater than the current program's capabilities. I felt supporting the introduction and passage of a bill to partially solve the problem was in keeping with our mission statement." The A.B.A.T.E. Board of Directors quickly agreed and the organization's lobbyist, Charles Umbenhauer, was given the task of finding a sponsor.

Rep. Rick Geist (R-Blair) was not hesitant when the opportunity was presented to him and he introduced a bill which rapidly drew the support of a bipartisan list of 68 co-sponsors. The legislation increases the surcharge on motorcycle Learners Permits and Drivers Licenses from $2 to $5 annually.

"I was told it is rare for a group of people to be in favor of taxing themselves," related Umbenhauer. "While it may be a rarity, the idea was almost universally accepted by motorcyclists throughout the Commonwealth. Riders, and particularly the members of A.B.A.T.E., understand that education is the best way to prevent fatalities and injuries resulting from motorcycle accidents. As responsible members of the community, motorcyclists have been more than willing to shoulder the cost of rider education.

"As an organization very concerned with rider safety," said Dickey, "this legislation has been our primary focus for the last two years. We are extremely proud A.B.A.T.E. was the primary force in getting it introduced and passed. Our State Legislative Coordinator, John Mullendore, and Charles Umbenhauer worked very hard to insure this victory. They were responsible for keeping the bill's language intact and fending off attempts to attach amendments which could have damaged our ability to gain passage."

Dickey chuckled, "When it appeared that A.B.A.T.E. was close to getting the measure passed, there was another group that sent a notice to its members stating the bill had passed and their lobbyist claimed responsibility for getting it done. Since the bill had not yet gone back to the House for concurrence, we thought that was pretty funny. It simply showed how uninvolved they had been in the process."

In 2001, the Motorcycle Safety Program, operated by PennDOT under contract from the Motorcycle Safety Foundation, trained approximately 15,000 students. Due to funding limitations, that number represented the maximum enrollment the program could handle. In the same year, over 100,000 motorcycle Learners Permits were issued.

According to Mullendore, "It was obvious there was a definite need to increase funding. Classes filled up almost immediately when they were opened and many potential students had to be turned away. While the increased funding will not completely eliminate that problem, we anticipate a much lower turn-around rate in the future."

The Motorcycle Safety Program is free to Pennsylvania residents and is unique in that students who successfully pass the course are licensed right on the spot by Site Coordinators authorized by PennDOT to endorse the graduates' permits. The program has been repeatedly recognized by the Motorcycle Safety Foundation as one of the best in the nation. When the method of teaching riding fundamentals was changed last year, Pennsylvania was chosen by the Motorcycle Safety Foundation to be one of two pilot programs. Program managers from Pennsylvania were later utilized to introduce the updated program and train Rider Coaches in other states.

A.B.A.T.E. of Pennsylvania, a 501(c)3 corporation formed in 1983, is one of the nation's leading State Motorcyclists Rights Organizations (SMRO) and currently has over 7,000 members. Motorcycle ownership is not required to join. Further information on membership can be obtained by calling 717-234-3777 or writing to A.B.A.T.E. at P.O. Box 15226, Harrisburg, PA 17105.

*Reprinted from American Motorcycle Association Legislative Alerts and Updates website.

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Pennsylvania's helmet law, effective on September 4, 2003.

No helmet is required for a person 21 years of age or older who has been licensed to operate a motorcycle for not less than 2 full calender years or has completed a motorcycle rider safety course approved by the Department of Transportation or the Motorcycle Safety Foundation.

No helmet is required for passengers 21 years of age or older provided the rider meets the above provisions.

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Operators License Subject to Suspension in Work Zones

Pennsylvania has amended Section 1535 of the Motor Vehicle Code regarding speeding or accidents in work zones. A 15 day license suspension is now mandatory for conviction of or pleading guilty to a citation for speeds 11 mph or more of the posted speed. The same mandatory suspension applies to accidents in a work zone.

Upon receipt of a report that an accident occured in a posted work zone and you were found guilty or pleaded guilty to a citation for violation of Section 3361 - "Failing to operate the vehicle at a safe speed" or Section 3362 - "Exceeding maximum speed limits", the suspension is mandatory.

There is no requirement that your speed be 11mph or more under these two sections.

Caution: Fines are usually doubled in work zones, too.

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House Bill 152 - Handlebar Height Restrictions

Vehicle Equipment and Inspection Regulations (Chapter 175) currently prohibit motorcycles from passing Pennsylvania's periodic safety inspection if the handlebars are higher than the drivers shoulders. This prohibition was based on similar language that was recently removed from the Pennsylvania Vehicle Code by Act 152 of 2002. Since the legislative intent was to remove restrictions regarding handlebar height, PENNDOT will move forward to remove the prohibition in the inspection regulations and notify all inspection stations not to enforce the regulation while we initiate this change.

Additionally, the Department will notify the Pennsylvania State Police and all Quality Assurances Officers (personnel responsible for the oversight of inspection stations) to inform them that the provisions of Chapter 175, relating to the height of handlebars on motorcycles, have been superceded by the action of the General Assembly and are no longer enforceable.

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