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Edition #3
Q: Hello, I was wondering what the township law dictates regarding the practice of "dumpster diving," that is, collecting discarded trash from dumpsters and other waste receptacles. Thank you for your response. - Jason A: There is no specific law prohibiting “dumpster diving” in the Commonwealth of Pennsylvania, assuming the goal of the person is to recover recyclable items. If the dumpster is locked or marked warning no trespassing, however, the practice would be prohibited. Also specifically prohibited would be the recovery of other persons identity items (credit card statements, bank information, etc..) – possession of these items would likely result in criminal charges. (09/02/2006, PA Crimes Code)
Q: I ordered blue l.e.d. lights to replace the white ones for the lights that shine upon my license plate. Is it illegal to use these? A: The vehicle’s registration plate lamp is required to emit white light only and make the registration plate visible from the distance of 50 feet to the rear of the vehicle. The blue lights you ordered are illegal for road use. (09/02/2006, PA Transportation Code, Chapter 175.66 k)
Q: I am under 21 and attending college. My question is that if I am at a party with 21 year olds who are drinking, can I get in trouble even if I do not drink? A: If all persons consuming alcoholic beverages are over the age of 21, then no violation of PACC 6308 has occurred. You would not be in violation unless you attempt to purchase, purchase, consume, possess or knowingly and intentionally transport any liquor or malt or brewed beverages. (09/02/2006, PACC 6308)
Q: In Pennsylvania if a Police Officer is called to a party where underage drinking is suspected. (1) What level of articulable suspicion or probable cause is needed to ask a student who is under 21 years of age to submit to a PBT? (2)Can the student refuse the PBT if he is inside a residence and was not observed drinking, and did not exhibit visible intoxication? The student was cited for underage drinking. (3) Is this a civil or criminal offense in PA? (4) Is it true that if the student participates in an alcohol abuse program the violation will be erased from the students civil/criminal record? Lastly, (5) will a Maine drivers license be affected by the PA suspension? A: 1-An officer can ask a person under 21 to submit to a Portable Breath Test (PBT) if there is any evidence of alcohol consumption or possession. 2- An underage person can refuse to submit to a PBT. However, if there is any evidence of consumption or possession, they can still receive a citation. 3- Title 35 Section 6308, The Purchase, Consumption or Possession of alcohol by a Minor, is a summary criminal offense. 4- No, attendance of an alcohol awareness program does not, in and of itself, erase the offense from the minor’s criminal record. 5- Maine is a member of the Driver’s License Compact, so Pennsylvania would report the violation to them and the Maine license may be affected. Contact the Maine Department of transportation or an attorney familiar with Maine law for further information. (07/29/2006, PA Crimes Code, Section 6308, the Driver’s License Compact)
Q: Hi, I am in Nescopeck, PA 18635. Tonight my town officers have a patrol car at the entrance to town. Another officer is further down the road stopping drivers for flashing their headlights to warn of the cruiser watching the traffic. His probable cause for the stop is that the driver's lights are malfunctioning. I have been searching PA 75 for several hours and cannot find a reference to anything about that. Is flashing headlights to warn of a cop ahead against the law? Thanks, Fred A: A violation of malfunctioning lights would be found under the inspection regulations in the Pennsylvania Transportation Code: chapter 175. In the Pennsylvania Vehicle Code (Title 75), the violation committed would be section 4306a, use of multiple beam road lighting equipment, as high beams were used within 500 feet of an oncoming vehicle. A police officer monitoring traffic along a roadway could be doing many things other that just looking for speeders or traffic violations – he could be looking for a hit & run vehicle, a suspect in a recent assault, robbery, theft, or any number of other serious crimes. (09/02/2006, PA Vehicle Code, Section 4306, & PA Transportation Code, Chapter 175)
Q: Dear Sir, I ride a motorcycle with a group. We ride staggered, at a distance, and maintain a safe speed. When riding on a four lane highway, one of the group insists on riding in the left lane. Sometimes he rides beside someone just in and out of the blind spot. We have told him not to do that, it is dangerous and distracting. I tried to find a statute against that, but couldn't find one that applied to that particular instance. I did note the use of the left lane, but that was all. Can you site any particular code violation? Thank You tmrupert@yahoo.com A: While it is obviously a good idea to stay out of them as much as possible, there is no vehicle code requirement for a rider or vehicle to stay out of a “blind spot”. When traveling on a limited access highway, your friend’s use of the left lane would be governed by Vehicle Code section 3313d1, Restrictions on use of limited access highways, which would require him to only be in the left lane (i)when overtaking and passing another vehicle proceeding in the same direction, (ii)when traveling at a speed greater than the traffic flow, (iii)when moving left to allow traffic to merge, or (iv)when preparing for a left turn at an intersection, exit or into a private road or driveway when such left turn is legally permitted. (09/02/2006, PA Vehicle Code, Section 3313d1)
Q: Hello, I am trying to inform my daughter about the dangers of underage drinking. I told her that even if she is not driving, and even if there is no open container in the vehicle, a police officer can demand that she take a breathalyzer test if the car is stopped for a traffic stop if they know she is underage. She does not believe this is true. Can you tell me who is correct? - Thank you, Richard Kahn A: A breathalyzer test (machine used for DUI arrests by some police departments) would not be used on a passenger for underage drinking. If a police officer suspects an underage passenger of drinking, a Portable Breath Test (PBT) hand held machine would likely be used, but is not necessary for charging the juvenile – if the police officer sees signs of intoxication (odor of alcohol on breath, glassy eyes, etc…) that is all that is needed to charge the underage person with underage drinking. (06/05/2006, PA Crimes Code, Section 6308)
Q: Can an auto dealership in New York sell a vehicle that has window tint tested at 14% on the side windows? Can this pass New York inspection? - Neale A: New York State window tint regulations are similar to Pennsylvania – “the front and side windows on both sides of any vehicle operating in New York State must allow at least 70% of any light to pass through”. If you are referring to the side windows of a sedan only allowing 14%, the vehicle would appear to be in violation of New York inspection regulations. As Doylestown Township is in Pennsylvania, check with New York State Department of Motor Vehicles before taking any action. (06/05/2006, NY DMV)
Q: Hello, I was wondering if there were any laws regarding the use of a breathalyzer on someone who has a metal tongue piercing. I have seen such states as Indiana require tongue rings to be removed for 20 minutes before administering the test. – Ty Anderson A: Although there is no evidence a metal tongue piercing would have any effect on a breath test, a breathalyzer operator in the Commonwealth of Pennsylvania would likely consider a metal tongue piercing as a “foreign substance” in the mouth and have it removed prior to administering a breathalyzer test. Recent case law in Indiana similarly considers the metal tongue piercing a “foreign body” that must not be in the mouth for 20 minutes prior to a breathalyzer. It should be mentioned that a “Breathalyzer” should not be confused with a “Portable Breath Test (PBT)”. The PBT (a small, hand-held device used by officers in the field) is used to assist an officer in developing probable cause for a DUI arrest, not for the definitive statement of a subject’s alcohol levels. Subsequent to an arrest, police departments have the choice of using a breathalyzer or blood testing to determine the subject’s alcohol levels. Most departments will then have a blood sample drawn, making any items in the mouth irrelevant. (06/05/2006, Court of Appeals of Indiana No. 49A04-0206-CR-267 )
Q: Hello, I was wondering if there were any laws or ordinances that dictate how late a party at a private residence can last. I appreciate this service. - Drew Dougherty A: Assuming no illegal activity is involved, there are no laws governing how late parties within a private residence can be held. If noise from the party escapes the home, the Township’s noise ordinance could come into play. (04/12/2006, Doylestown Township Code Section 175-26b2)
Q: On a four-lane road (two lanes in each direction). Is it illegal to pass a car that is in the left lane by simply traveling in the right lane? I am trying to figure out just what is meant by "improper passing on the right". It seems to me that it should be reasonable to pass a slow moving car on the right in this situation. – David Williams A: A driver may overtake another vehicle on the right if there are two unobstructed lanes traveling in the same direction and that the maneuver can be completed safely and without the passing vehicle driving off the roadway. (04/12/2006, Title 75 Section 3304)
Q: What are the laws on using VASCAR at night? Also does the police officer have to record the distance, time, etc for VASCAR? Thanks – anonymous. A: There are no laws governing the use of VASCAR at night. Distance and time are recorded on the citation in blocks 53 and 54. (04/12/2006)
Q: Hi I have a question regarding my nephew. He went to a party that got busted for underage drinking over the weekend to pick up one of his friends who had gotten charged with underage drinking and called my nephew to come get him. The cops busted the party again after my nephew left. My nephew left right before cops even got to the party. The thing I would like to know is if my nephew can be charged with anything because he never spoke to any police or was cited for anything. But kids at his school have said the cops are trying to charge him for underage drinking just because he was at the party for less than 15 minutes to pick up his friend. My nephew was not drinking at all. Thanks and I look forward to hearing back from you. -Ryan Mack A: Without more information about the incident in question, I can not answer your question. If a person is summoned to the scene by police to provide a ride home to a subject at the party and that is all he or she does, then there is no danger of being charged criminally. Keep in mind, an underage person does not have to consume alcohol to be in violation of section 6308 - A person commits a summary offense if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages, as defined in section 6310.6. For specific legal advice on your case, you should consult with a competent attorney who is familiar with underage drinking arrests. (03/10/2006, Title 18 Section 6308, Section 6310.6)
Q: I was recently given a ticket for speeding. I have a problem with the method used and would like clarification of the requirements of using the stopwatch method. (1) Is there a minimum distance that must be timed and (2) are there specific stopwatch devices allowed? (3) Also, what are the calibration requirements of these devices? (4) I found information on another web site that states these instruments must be calibrated at the end of the day if they were used to cite a driver and at a minimum of once per week even if they were not. Is this true? - Matt Dees A: 1.- There is no set minimum distance to be timed. The courts can take into consideration the totality of the circumstances surrounding a citation to determine if the distance was appropriate. 2.- The Commonwealth of Pennsylvania does not specify which stopwatches must be used, as they are approved individually by serial number and police department. 3.- The stopwatches are required to have been certified within 60 days of the citation issued. 4.- As has been mentioned previously, be wary of information gleaned from the internet. There is no requirement for calibration at the end of the day a citation is issued, nor is there a weekly requirement. (02/24/2006, Title 18 Section 3368 c3 & d, the Pennsylvania Bulletin)
Q My son who is underage was at a party where there was drinking. He showed up 15 minutes before the police came. The officer asked if they where drinking. The ones that said yes where listed in the paper that the will receive a citation. My son said he had a couple of swallows before they came. Questions (1) Why didn't the officer write a citation on the spot and should he? (2) The officer never asked for identification, just there name and address. (3) Why didn't the officer give a breathalyzer test to all, which he didn't do? And if no breathalyzer given how can that hold up in court. (4) If the no fault tolerance is .02, is that for underage drinking and without a breathalyzer how do you know they where over .02. (5) What is your best advise, should we fight this or do we have good grounds to plea bargain for a lesser sentence so he doesn't loss is license. This happened in Pennsylvania. Thanks A: 1- It is rarely practical for officers to write all the tickets for an underage drinking party at the scene – with limited manpower, other calls for service, etc… it is common for the citations to be issued at a later time. 2- Not all underage subjects have identification or carry said identification with them. If the officer is willing to trust the information is accurate, there is no requirement for him to obtain a state issued identification card. 3- A portable breath test (PBT) is not necessary for citing underage drinking. If the officer can testify to signs of consumption – odor on breath, visible intoxication, etc.., the PBT is redundant and not necessary. 4- There is no “no-fault tolerance”. I believe you are referring to the .02% for underage driving while intoxicated. The juvenile has broken the law at a single sip of alcohol. 5- For legal advice on your case, you should speak with a competent attorney who is familiar with underage drinking arrests. (01/29/2006, Title 18 Section 6308)
Q Hi! I came across this website that really confused me on the so-called window tinting laws. According to much of the information on the site, window tinting is not illegal as long as its above 25-30%, or as long as you can see through the window. I was considering tinting my windows, but thought it was illegal. After reading these articles, I am greatly confused, and I feel that if I would be pulled over and ticketed, that I may need to contact a lawyer because there is no law prohibiting window tint below 70%. Any help would be greatly appreciated. Thanks - David Anspach Jr. A: The internet is a wealth of information, both good and bad. In the website you mention (link omitted from this posting), the author was the unhappy recipient of a citation for window tint, not an attorney or authority on laws and legal procedure in the Commonwealth of PA. Be very cautious of information gleaned from the internet – only seek legal information from a competent attorney who has experience in the area in question. As stated previously, the maximum tint allowed on a passenger cars front windshield and side windows must allow a 70% light transmittance. If the tint is dark enough to prevent a person from seeing in the vehicle, it is a violation of Title 75 section 4524e1 (windshield obstructions and wipers). Window tint allowing less that 70% light transmittance can also be cited as a Title 75 section 4107b2 (unlawful activities) referencing a violation of Title 67 chapter 175.67 (glazing) or 175.261 (vehicle sun screening devices) and Table X (acceptable light transmittance levels for vehicle glazing). (01/06/2006, Title 75 Section 4524e1, 4107b2 & Title 67 Section 175.67 and 175.261, Table X)
Q: I am a concerned parent of a New York resident who is under 21 years old and attending college in Doylestown. My young adult was cited for underage drinking off campus with a BAC of 0.02% and I have read that Pennsylvania revokes driving privileges, does New York also reciprocate as New Jersey does? The table below suggests that the 90 day suspension is imposed on anyone who is found guilty of this charge, even at the minimum legal limit threshold, although my young adult doesn't drive in Pennsylvania, I need to know if it applies to driving in NY. Thank you for your help in advance. - Concerned NY parent A: No, your child’s driving privilege in New York would not be suspended. Although New York is a member of the Drivers License Compact, the New York Department of Motor Vehicles (NYDMV) will only issue a revocation if the offense is driving (DUI) related – 90 days for over 21, 1 year for under 21. If the offense is simply for the purchase / consumption of alcohol (PACC 6308), NYDMV will take no action. (11/23/2005, Title 18 Section 6308, the Drivers License Compact and the New York Department of Motor Vehicles)
Q: I travel to Pennsylvania from Kentucky every year to attend an event for 2 weeks. (along with about 14000 other folks) I have been told that the paper parking tag that the event gives out that hangs from my rear-view mirror is illegal and I can be cited. It's about the same size as an air freshener. Is this true? Also, if my vehicle is outfitted with add-ons that are legal in my state but not legal in PA (such as darker window tinting, tinted headlights, clear license plate covers, etc...) can I be cited? Thank you for any help. Paul Newton - Lexington, KY A: Items hanging from the rear-view mirror are prohibited by the vehicle code, as they potentially could obstruct your view of the highway (P.A.V.C. 4524c), so you could be cited. For the second part of your question – “vehicle add-ons”, or modifications to the vehicle itself, are regulated by the inspections regulations of the state or commonwealth in which the vehicle is registered. In your case, items that would be forbidden on a Pennsylvania registered vehicle could very well be permitted on your Kentucky registered vehicle – please check local laws. . (08/11/2005, Title 75 Section 4524c & Title 67 Section 175.66)
Q: Are using tinted headlight and tail light covers legal to drive with on the road, also what is the maximum window tint allowed on a vehicle registered in Pennsylvania. Any answers you could give would be appreciated. -Steve A: Tinted light covers (headlight or taillight) are not legal for on–road use in Pennsylvania. If you check the packaging of these items, they will have a disclaimer that states they are for “off-road use” and recommending “check local laws before use”. The maximum tint allowed on a passenger cars front windshield and side windows must allow a 70% light transmittance. Trucks and Multi-purpose passenger vehicles (SUV’s) have the same requirement on the front and front side windows, but can be tinted on the rear and rear side windows. To give you an idea on what 70% light transmittance looks like – if you can look at a window and immediately see it is tinted, the tint is likely illegal. . (07/01/2005, Title 75 Section 4303 & Title 67 Section 175.66)
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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.
