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 This section of the Doylestown Township Police Department's web site is
dedicated answering your questions relating to the law enforcement profession.
Note: This information is based on statutes found in the
Pennsylvania Consolidated Statutes Title 75 (Vehicle Code), Title 67
(Transportation) or Title 36 (Highways and Bridges), as interpreted by
the respondent. You should always check with legal counsel for
advice on any matter related to lawful or unlawful activity before
conducting such activity. Whenever possible, the applicable code
section will be cited.
Questions can be sent to
police@doylestownpa.org
Q: Are the “scrolling LED license plate frames” illegal,
even though they do not obstruct the view of the plate numbers? Thank
you, Emma Robinson
A:
Yes, the lighted frames you describe are prohibited for on-road use
in Pennsylvania, as the PA Vehicle Code prohibits the use and display of
illuminated signs.
(07/03/2007, Title 75 Section 4307a)
Q: I have
a couple of questions about taillights on an automobile. 1. Are l.e.d.
taillights legal in Pennsylvania? 2. Is there a minimum size in square
inches or anything like that, that the taillights must be? 3. Is there
a minimum height requirement that they must be off of the ground? I
looked on the inspection laws for PA, but could not find anything other
than they must be in proper working condition. - birdjr2@aim.com
A:
Light Emitting Diode (L.E.D.) tail lamps can be legal for on-road
use in Pennsylvania, as long as they meet the requirements listed under
Title 67 chapter 153: Lamps, Reflective Devices and Associated
Equipment. Tail lamps / stop lamps must have an effective luminous area
of not less than 3 ½ square inches, and must be between 15 inches and 72
inches from the ground. The chapter indicates that the luminous area
can be made up of multiple lamps (the individual LED’s) to meet the
minimum requirement. Examples of LED usage can be found on production
Honda Accords and similar vehicles. Be sure to check title 67 chapter
153 and the related appendix’s for more detailed requirements.
(07/03/2007, Title 67 Section 153)
Q: A
seventeen year old was at a party where alcohol was and the police
charged everyone there with underage dinking. A police officer was
making all the kids take a breathalyzer test before they could leave
with their parents. The 17 year old recorded a 0.00. He was still given
an underage drinking citation. Can the breathalyzer results be used to
fight the underage drinking charge? - Thank you, Don Smith
A:
A negative reading on a portable breath test does not exempt an
under 21 subject from receiving an underage drinking citation. If the
17 year old was cited for section 6308 of the Pennsylvania Crimes Code,
the actual consumption of alcohol is not required for a citation to be
issued. The 17 year old could have received the citation for the
purchase, possession or transportation of alcohol.
(07/03/2007, Title 18 Section 6308a)
Q: When
must a police officer issue a traffic citation to you .If none is issued
to you at time of infraction can one be issued to you at a later time
????????? - marinachris2005@gmail.com
A:
A citation can be issued to a defendant at the time of the
infraction or at a later date. The issuance of a citation can be
delayed for a number of reasons, including and ongoing investigation
(such as a traffic crash), or because the officer was unable to cite at
the time of the violation.
(07/03/2007, Title 234)
Q: Ask
a cop is a terrific part of your website. My 18 year old daughter goes
to college in PA. She drank at a party and consequently chose to have
someone else drive her, in her car, home. The other individual also
drank illegally at the party however, much less and much earlier. They
were stopped for doing 42 in a 35. The officer had the driver blow.
First time he blew .00. She had him blow again. This time he blew
..02. Subsequently, my daughter blew .08. The car was towed and the
driver was issued a speeding ticket and my daughter and the driver will
be receiving a fine by mail. My questions are, did the officer have the
right to have my daughter, take a test as she was not driving? Why
would the car have to be towed when the driver while having consumed
alcohol was not intoxicated. Thankfully, the police were good enough to
drive these two young people home. I am sure they were not obligated
to, but what was the PC to make my daughter blow if she was not driving?
– Thanks, msurks@verizon.net
A:
A police officer would be able to administer your daughter a
Portable Breath Test (PBT) as part of his investigation of underage
drinking – a prudent action if she shows other signs of intoxication and
is underage.
Pennsylvania law prohibits a person under 21
years of age from operating a motor vehicle with any alcohol in their
system. Additionally, a person under 21 years of age is considered DUI
at .02% BAC. In the incident you describe, neither occupant could be
allowed to drive the vehicle.
(07/03/2007, Title 18 section 6308, Title 75 sections 3718 & 3801)
Q:
Is it illegal to
have anything hanging from the rear view mirror, in PA, and is there a
code reference, pertaining to it's legality? Thank
You - Pat
A:
Items hanging from the rear-view mirror are prohibited by the
vehicle code, as they potentially could obstruct your view of the
highway –the section is in the Pennsylvania Vehicle Code, Title 75,
section 4524c.
(02/03/2007, Title 75
Section 4524c)
Q:
What is the law regarding nuisance dogs who bark incessantly
whenever there owner leaves them outside? It is becoming a real
issue and I don’t know what recourse I have. – Steven Hartwick
A:
Doylestown Township has a nuisance animal ordinance that would
prohibit a dog from making noise repeatedly for a period of 15
minutes between 7:00am and 10:00pm, or repeatedly for 5 minutes from
10:00pm to 7:00am, without legitimate cause (i.e., dog barking at
trespasser). The dog’s owner could be cited and fined accordingly.
If you are
not a Doylestown Township resident, contact your local municipality
to see if there may be a similar ordinance.
(01/01/2007,
Doylestown Township Municipal Code, ordinance 113-4)
Q:
My question is do Fire Police have the write to stop you if they see
a traffic violation at a accident seen? Do Fire Police have the
write to detain you for questioning at a fire seen or accident seen
and can they have you arrested? What tip of powers do they have in
Pennsylvania? - Thanks Eric
A:
Fire police do not have police powers in an emergency response
area. They can witness any violations that occur and forward that
information to a police officer that could then issue a citation.
Remember
that fire police are providing a valuable service for public safety
and for the protection of fire personnel, and they are unpaid
volunteers that free up municipal police for other duties during
emergencies.
(09/02/2006, PA
Vehicle Code Title 75, chapter 33, section 3327)
Q:
Hi. Are the slotted headlight guards for the jeep wranglers legal in
pa? They still allow the headlight to shine thru unobstructed? -
zr2truck@webtv.net
A:
The
lens covers you describe are illegal as a vehicle inspection
standard for on-road use in Pennsylvania. Your headlamp must be
allowed to emit light as originally designed.
(01/01/2007, PAVC
Title 75, section 4303a)
Q:
1. Is an underage drinking citation under PA code 6308 enough to
prevent a young person from being hired as a police officer in the
state of PA? The citation was issued less than 1 month before the
individual's 21st birthday, and occurred on a college campus in PA.
2. This was not a driving offense, but resulted in a 90 day license
suspension. The license has already been reinstated, but the
citation is listed on the individual's driving record. 3. Any
recommendations for mitigating the citation? Thank you-- Elizabeth
Murtha
A:
Generally, a summary violation of underage drinking would not
prevent an otherwise good candidate from being hired as a police
officer. Best advice if for the person to be as honest as possible
about the citation and not to repeat the behavior. If the
candidate were to omit the citation from his application, it would
automatically remove the candidate from further consideration as a
police officer.
(01/01/2007, PA Crimes
Code Title 75, section 6308)
Q:
I want green headlights and was wondering if I replace the original
lights with green xenon light if you will pull me over and make me
pay some kind of fine? – Scott Dobson
A:
A
vehicle operated with green headlamps would be illegal as a vehicle
inspection standard for use on the highway in Pennsylvania and could
be cited.
(01/01/2007, PA Title
67, chapter 153, appendix A)
Q:
My township PD is writing citations for people that have a "Reese"
type hitch with a removable ball if they are not towing anything.
Are you aware of this violation and if so could you cite the
section. I couldn't find anything in Titles 75 or 67. Thanks. -
Off. D. VanBuskirk, Erie International Airport PD
A:
If
by a “Reese” brand hitch you are referring to a class IV or similar
frame-mounted towing hitch, there is no mention of any regulation
regarding driving with the ball mount in or out of the receiver in
titles 75 or 67. If you are aware of an actual citation being
issued, the section violated would be on the citation for reference.
(01/01/2007, PA
Vehicle Code / Transportation Code)
 Edition
#1: Questions regarding parking lights, license plate
covers, speed limit signs, flashing traffic signals, children alone in
cars, under 21 DUI, snow on windshields, seat belts, multi-colored
headlights and "left turn only" signs.
Edition
#2: Questions on dark traffic signals, becoming a
police officer, seat belts, speeding, and traffic light violations.
 Edition
#3: Questions on "dumpster diving", colored lights on
vehicles, underage drinking, high beams, lanes of travel, window tint,
breathalyzers, VASCAR, speeding, and headlight/tailight covers. |
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