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§ 4605. Penalties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: February 6, 2009

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 23B. Diesel-Powered Motor Vehicle Idling Act
Effective: February 6, 2009
35 P.S. § 4605
§ 4605. Penalties
(a) Fines.--The driver or owner of a diesel-powered motor vehicle with a gross weight of 10,001 pounds or more engaged in commerce or the owner or operator of a location where such vehicles load, unload or park that violates the provisions of this act commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $150 and not more than $300 and court costs.
(b) Enforcement orders and civil penalties.--In addition to proceeding under any other remedy available at law or in equity for a violation of this act, the department may issue such orders as are necessary to aid in the enforcement of the provisions of this act, as specified in section 10.1 of the act of January 8, 1960 (1959 P.L. 2119, No. 787),1 known as the Air Pollution Control Act, and may assess a civil penalty for the violation in accordance with the procedures and factors specified in section 9.1 of the Air Pollution Control Act.2 Notwithstanding the penalty amounts specified in section 9.1 of the Air Pollution Control Act, a civil penalty assessed under this act shall not exceed $1,000 per day for each violation of this act.
(c) Notification.--If the driver of a diesel-powered motor vehicle, subject to this act, convicted of a summary offense under this act is not the owner of the vehicle, the department shall, under procedures established in cooperation with the Department of Transportation, notify the vehicle owner that the driver has been convicted or assessed a civil penalty. The department may consult with the Department of Transportation in the development of notification procedures, as appropriate. The procedures shall include provisions to allow for reimbursement of the Department of Transportation's expenses incurred in the implementation of this section.

Credits

2008, Oct. 9, P.L. 1511, No. 124, § 5, effective in 120 days [Feb. 6, 2009].

Footnotes

35 P.S. § 4010.1.
35 P.S. § 4009.1.
35 P.S. § 4605, PA ST 35 P.S. § 4605
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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