§ 7725. Operation by persons under age sixteen.
(a) Crossing street or highway.--No person under 16 years of age shall drive a snowmobile or an ATV across any highway or connecting street thereto unless he is under the direct supervision of a person 18 years of age or older and unless he holds a valid and appropriate safety certificate from the Commonwealth or a valid and approved certificate issued under the authority of another state or Province of Canada. The department shall determine what certificates will be approved.
(b) Operation of an ATV by persons under eight years of age.--No person under eight years of age shall operate an ATV upon State-owned land.
(b.1) ATV size restrictions.--An ATV operated in this Commonwealth by a person eight or nine years of age shall have an engine size of 70cc or less.
(b.2) Operation of a snowmobile by persons under ten years of age.--No person under ten years of age shall operate a snowmobile upon State-owned land.
(c) Snowmobile and ATV safety certification.--No person 8 to 15 years of age shall operate an ATV and no person between 10 and 15 years of age shall operate a snowmobile in this Commonwealth unless the person satisfies one of the following conditions:
(1) Is under the direct supervision of a certified snowmobile or ATV safety instructor during a safety training course.
(2) Is on land owned or leased by a parent or legal guardian.
(3) Has received safety training as prescribed by the department and has received the appropriate safety certificate issued by the department.
(4) Holds an appropriate safety certificate issued under the authority of another state or Province of Canada and recognized by the department.
(d) Failure to exhibit certificate.--The failure of such a youthful operator to exhibit the appropriate safety certificate, upon demand, to any law enforcement officer having authority to enforce the provisions of this section shall be presumptive evidence that such person is not the holder of such certificate.
(e) Permitting unauthorized operation.--No owner of a snowmobile or an ATV shall authorize or permit the operation thereof within this Commonwealth by any person under 16 years of age unless the person under 16 years of age is the holder of a valid and appropriate safety certificate, or except as authorized in subsections (b), (b.2) and (c).
(f) Certification of snowmobile safety instructors.--The department may certify snowmobile or ATV safety instructors to act as its agents in conducting classes and examinations and issuing snowmobile or ATV safety certificates in its name.
(g) Operation on snowmobile and ATV roads.--No person under 16 years of age may operate a snowmobile or an ATV on streets or highways designated under section 7722 (relating to designation of snowmobile and ATV roads) as open to snowmobile or ATV and vehicular traffic. A person under 16 years of age who holds the appropriate safety certificate may operate a snowmobile or an ATV on roads designated under section 7724(b) (relating to operation on private or State property) as open to snowmobile or ATV and vehicular traffic, provided he is under the direct supervision of a person 18 years of age or older.
(h) Snowmobile and ATV safety program.--The department shall implement a comprehensive snowmobile and ATV information, safety education and training program which shall include the preparation and dissemination of information and safety advice to the public and training of operators. The program shall provide for the training of youthful operators and others who wish to receive training. It shall also provide for the issuance of snowmobile or ATV safety certificates to those who successfully complete the training provided under the program.
(i) Cooperation with other organizations.--In implementing a program which is established under this section, the department shall cooperate with private organizations and associations, private and public corporations, the Department of Education and local governmental units. The department shall consult with snowmobile, ATV and environmental organizations and associations in regard to subject matter of a training program that leads to certification of snowmobile and ATV operators.
(July 11, 1985, P.L.220, No.56, eff. 60 days; June 25, 2001, P.L.701, No.68, eff. 120 days; July 14, 2005, P.L.285, No.50, eff. 60 days; June 29, 2006, P.L.284, No.61, eff. imd.; July 5, 2012, P.L.1000, No.113, eff. 120 days)
2012 Amendment. Act 113 amended subsec. (h).
2006 Amendment. Act 61 amended subsecs. (b), (c) and (e) and added subsec. (b.2).
2005 Amendment. Act 50 amended subsecs. (b) and (c) and added subsec. (b.1).
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