Persons with a valid disabled person access permit issued
under Chapter 147, Subchapter AA (relating to disabled person access permit)
may operate mobility devices and motor vehicles on designated routes subject to
all of the following conditions:
(1)
Safe operation. Mobility devices and motor vehicles may not be
operated on a designated route:
(i) In
negligent disregard for the safety of persons or property.
(ii) In excess of 25 miles per hour on any
designated route classified for mobility device and motor vehicle combined
access.
(iii) In excess of 5 miles
per hour on any designated route classified for mobility device only
access.
(2)
Marking required. Mobility devices operated on designated
routes must be marked with a universal access symbol placard or sticker that is
at least 3 inches by 3 inches in size and displayed in a conspicuous
manner.
(3)
ATVs and
snowmobiles as mobility devices. An ATV or snowmobile used as a
mobility device on a designated route must be registered with either:
(i) The Department of Conservation and
Natural Resources and display the valid registration plate or registration
decal as required under
75 Pa.C.S. §§
7711.1 and
7711.2 (relating to
registration of snowmobile or ATV; and limited registration of snowmobile or
ATV); or
(ii) The Department of
Transportation as a neighborhood electric vehicle or NEV and display the valid
registration plate and "25 MPH Vehicle" decal as required under
75 Pa.C.S. §§
3592 and
3594 (relating to required
equipment; and same treatment as passenger cars).
(4)
Spark arrestors
required. Mobility devices powered by an internal combustion engine
must be equipped with a fully functional spark arrestor while operation on a
designated route.
(5)
Classification of designated route. Mobility devices meeting
the requirements of this subchapter may access designated routes classified for
mobility device and motor vehicle combined access and mobility device only
access. Motor vehicles meeting the requirements of this subchapter may access
only designated routes classified for motor vehicle access.
(6)
Limited deviation from designated
route authorized. Persons with a valid disabled person access permit
issued under Chapter 147, Subchapter AA may traverse a maximum of 100 yards
perpendicular to the nearest designated route road or trail edge to establish a
hunting or trapping location, and may not traverse streams, springs, wet areas,
food plots or other areas posted against travel.
(7)
Size, weight and noise
limited. Mobility devices may not exceed 65 inches in width and 1,800
pounds in weight. The noise level may not exceed 99 decibels when measured at
20 inches.
(8)
Use of
vehicle to hunt restricted. Persons using mobility devices and motor
vehicles on designated routes are subject to the restrictions of section
2308(a)(7) of the act (relating to unlawful devices and methods) concerning the
use of power-driven vehicles or conveyances to hunt.
(9)
Loaded firearms. Persons
using mobility devices and motor vehicles on designated routes are subject to
the restrictions on loaded firearms in, on or against a vehicle under section
2503 of the act (relating to loaded firearms in vehicles), except as may
otherwise be authorized under section 2923 of the act (relating to disabled
person permits).
Notes
The
provisions of this § 135.53 adopted July 16, 1999, effective
7/17/1999, 29 Pa.B. 3734;
amended March 8, 2002, effective 3/9/2002, 32 Pa.B. 1305; amended March 23, 2018,
effective 3/24/2018, 48 Pa.B.
1677; amended May 1, 2020, effective 5/2/2020, 50 Pa.B.
2257.
The provisions of this § 135.53 issued under the
Game and Wildlife Code,
34 Pa.C.S. §
721(a); amended under the
Game and Wildlife Code,
34 Pa.C.S. §§
721(a) and
2901.
This section cited in 58 Pa. Code §
135.48 (relating to purpose and
scope).
