58 Pa. Code § 135.53. Operation of mobility devices and motor vehicles on designated routes.

§ 135.53. Operation of mobility devices and motor vehicles on designated routes.

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).

Authority

   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.

Source

   The provisions of this §  135.53 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734; amended March 8, 2002, effective March 9, 2002, 32 Pa.B. 1305; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1677; amended May 1, 2020, effective May 2, 2020, 50 Pa.B. 2257. Immediately preceding text appears at serial pages (390835) to (390836).

Cross References

   This section cited in 58 Pa. Code §  135.48 (relating to purpose and scope).

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