PART III
OPERATION OF VEHICLES
Chapter
31. General Provisions
33. Rules of the Road in General
35. Special Vehicles and Pedestrians
37. Miscellaneous Provisions
38. Driving After Imbibing Alcohol or Utilizing Drugs
Enactment. Part III was added June 17, 1976, P.L.162, No.81, effective July 1, 1977, unless otherwise
noted.
CHAPTER 31
GENERAL PROVISIONS
Subchapter
A. Obedience to and Effect of Traffic Laws
B. Traffic-control Devices
C. Fines
Enactment. Chapter 31 was added June 17, 1976, P.L.162, No.81, effective July 1, 1977.
Cross References. Chapter 31 is referred to in section 1614 of this title.
SUBCHAPTER A
OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
Sec.
3101. Application of part.
3102. Obedience to authorized persons directing traffic.
3103. Persons riding animals or driving animal-drawn vehicles.
3104. Persons working on highways.
3105. Drivers of emergency vehicles.
3106. Operators of streetcars.
3107. Drivers in funeral processions.
3108. Drivers of certified escort vehicles.
§ 3101. Application of part.
(a) General rule.--Except as provided in subsection (b), the provisions of this part relating to the
operation of vehicles refer exclusively to the operation of vehicles upon highways
except where a different place is specifically referred to in a particular provision.
(b) Serious traffic offenses.--The provisions of section 3345 (relating to meeting or overtaking school bus), Subchapter
B of Chapter 37 (relating to serious traffic offenses) and Chapter 38 (relating to
driving after imbibing alcohol or utilizing drugs) shall apply upon highways and trafficways
throughout this Commonwealth.
(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff.
Feb. 1, 2004)
2003 Amendment. Act 24 amended subsec. (b).
Cross References. Section 3101 is referred to in section 3808 of this title.
Notes of Decisions
Commonwealth, Dep't of Transp., Bureau of Driver Licensing v. Bird, 578 A.2d 1345 (Pa. Commw. Ct. 1990).
· cites it 4× “*309 On appeal to this court DOT raises three issues: (1) whether the implied consent law and Section 3101(b) of the Vehicle Code, 75 Pa.C.S. § 3101(b) (serious traffic offenses must occur upon highways and trafficways) must be read together so as to require a police officer to…”
Commonwealth v. Owen, 580 A.2d 412 (Pa. 1990).
· cites it 2× “75 Pa.C.S. § 3101. Highways and trafficways are defined as: § 102.”
Commonwealth v. McFadden, 547 A.2d 774 (Pa. 1988).
· cites it 2× “75 Pa.C.S. § 3101. "Highways" and "trafficways" are defined in the Motor vehicle code as follows: § 102.”
Commonwealth v. Cozzone, 593 A.2d 860 (Pa. Super. Ct. 1991).
“In the second case, he argues that the sentencing court committed error by (1) imposing a mandatory minimum sentence for a second offense when he was being sentenced for both offenses on the same day; and (2) failing to give him credit for time spent in an inpatient, alcohol…”
Commonwealth v. Wyland, 987 A.2d 802 (Pa. Super. Ct. 2010).
“…after imbibing alcohol or ingesting drugs, applies to "highways and trafficways throughout this Commonwealth.” 75 Pa.C.S. § 3101(b).”
Commonwealth v. Wituszynski, 784 A.2d 1284 (Pa. 2001).
· cites it 2× “75 Pa.C.S. § 3101 (emphasis added). Based upon the foregoing provision, as I believe Appellant was traveling on a trafficway when he traveled through the parking lot, I do not believe Part III of the Code was applicable to his travel.”
Commonwealth v. Kowalek, 647 A.2d 948 (Pa. Super. Ct. 1994).
“See 75 Pa.C.S. §§ 3101; 102. This Court agreed with an earlier Commonwealth Court finding that the legislature intended parking lots to be included within the definition of trafficways.”
Bashore v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 27 A.3d 272 (Pa. Commw. Ct. 2011).
“” 75 Pa.C.S. § 3101(b). However, it is clear from a strict reading of the Implied Consent Law that it does not require that Trooper Foutz have reasonable grounds to believe that Bashore was operating her vehicle on a highway or trafficway, but that he have “reasonable grounds to…”
Lewis v. Commonwealth, 538 A.2d 655 (Pa. Commw. Ct. 1988).
“of the Vehicle Code, 75 Pa. C. S. §3101(b), which states that sections 3731 through 3734 of the Code apply upon the highways and trafficways of the Commonwealth.”
Vinansky v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 665 A.2d 860 (Pa. Commw. Ct. 1995).
“Vinansky appealed the suspension to the common pleas court and presented to the court only two issues: the first, that he was not operating his vehicle “in a thruway” as required by Section 3101(b) of the Vehicle Code, 75 Pa.C.S. § 3101(b); and the “second argument, is the…”
Commonwealth v. Bendik, 535 A.2d 1249 (Pa. Commw. Ct. 1988).
“Meanwhile, Section 3101 of the Vehicle Code, 75 Pa. C. S. §3101, states: “The provisions of Subchapter B of Chapter 37 of the Code (relating to Serious Traffic Offenses) shall apply upon highways and trafficways throughout this Commonwealth.”
Commonwealth v. Zabierowsky, 730 A.2d 987 (Pa. Super. Ct. 1999).
“” 75 Pa.C.S. § 3101(b) (footnote omitted). Thus, an essential element of an offense under section 3731 of the Vehicle Code (included in Chapter 37, Subchapter B) is that a vehicle be operated on a highway 3 or trafficway while the operator is under the influence of alcohol.”
— 75 Pa. Cons. Stat. § 3101(a) — 2 cases
— 75 Pa. Cons. Stat. § 3101(b) — 22 cases
Commonwealth, Dep't of Transp., Bureau of Driver Licensing v. Bird, 578 A.2d 1345 (Pa. Commw. Ct. 1990).
“*309 On appeal to this court DOT raises three issues: (1) whether the implied consent law and Section 3101(b) of the Vehicle Code, 75 Pa.C.S. § 3101(b) (serious traffic offenses must occur upon highways and trafficways) must be read together so as to require a police officer to…”
Commonwealth v. Cozzone, 593 A.2d 860 (Pa. Super. Ct. 1991).
“In the second case, he argues that the sentencing court committed error by (1) imposing a mandatory minimum sentence for a second offense when he was being sentenced for both offenses on the same day; and (2) failing to give him credit for time spent in an inpatient, alcohol…”
Commonwealth v. Wyland, 987 A.2d 802 (Pa. Super. Ct. 2010).
“…after imbibing alcohol or ingesting drugs, applies to "highways and trafficways throughout this Commonwealth.” 75 Pa.C.S. § 3101(b).”
Bashore v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 27 A.3d 272 (Pa. Commw. Ct. 2011).
“” 75 Pa.C.S. § 3101(b). However, it is clear from a strict reading of the Implied Consent Law that it does not require that Trooper Foutz have reasonable grounds to believe that Bashore was operating her vehicle on a highway or trafficway, but that he have “reasonable grounds to…”
Lewis v. Commonwealth, 538 A.2d 655 (Pa. Commw. Ct. 1988).
“of the Vehicle Code, 75 Pa. C. S. §3101(b), which states that sections 3731 through 3734 of the Code apply upon the highways and trafficways of the Commonwealth.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.