I did read a proposed version, before approval, that went up for approval. This proposed version included the exception. But, the exception appeared to be lined out.

In subsection (1), Definitions, “driving” is defined as follows:

Driving.” OPERATING a MOTOR VEHICLE on a HIGHWAY, including while the MOTOR VEHICLE is temporarily stationary because of TRAFFIC, a traffic control device, or other momentary delay. The term does not include operating a motor vehicle if the driver moves the vehicle to the side of or off of a highway and halts in a location where the vehicle can safely remain stationary.

This new legislation is worded a lot like 75 Pa. C.S.A. Vehicles, Section 1622 (e). Handheld mobile telephone, where we read the definition of “Driving.”

“Driving.” Operating a COMMERCIAL motor vehicle or motor CARRIER vehicle on a highway, with the motor running, including while the COMMERCIAL motor vehicle or motor CARRIER vehicle is temporarily stationary because of TRAFFIC, a traffic control device, or other momentary delay. The term does not include operating a COMMERCIAL motor vehicle or motor CARRIER vehicle with or without the motor running if the driver moved the vehicle to the side of or off of a highway and halted in a location where the vehicle can safely remain stationary.

The new Section 3316.1 read very much the same as 75 Pa. C.S.A. Vehicles, Section 1622 that has been effect since at least 2020 the only difference being the removal of the term “commercial” before motor vehicle.

Traffic – Pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances, whether singly or together, using any highway FOR PURPOSES OF TRAVEL. Section 102, Definitions

Trafficway.” – The entire width between property lines or other boundary lines of every way or place of which any part is OPEN to the public for the purposes of VEHICULAR TRAVEL as a MATTER OF RIGHT or custom. – Section 102, Definition in Title 75 Pennsylvania Vehicle Code.

“Open.” -verb – To render accessible and not closed. Black’s Law Dictionary, 5t. Edition.

The Department of Transportation has the authority to license and regulate commercial carriers using the public trafficways as a place of commercial business, This is because the pubic highways are OPEN to the public only for vehicular travel as a matter of RIGHT.

“Travel” is not defined in Title 75, Section 102 Definitions because Title 75 does not apply to and regulate non-commercial private family travel on the trafficways.

Travel – To go from one place to another at a distance. To journey is spoken of as a voluntary change of place. Black’s Law Dictionary, 5th. Edition.

How can non-commercial vehicles used solely for non-commercial private travel on the public highways in a family automobile for private family purposes be licensed?” The right of a man to travel in the family automobile over OPEN public highways cannot be turned into a privilege and licensed.

Perhaps this new regulation is based on registering the family automobile as a “Passenger car?”

“Passenger car.” A motor vehicle designed primarily for the TRANSPORTATION of PERSONS and primarily USED for the TRANSPORTATION of PERSONS. Title 75 Definitions.

“Transportation.” The movement of goods or PERSONS [i.e., paying passengers] from one place to another, BY A CARRIER.

“Carrier.” Individual or organization ENGAGED in transporting PASSENGERS or goods FOR HIRE.

“Engage.” To EMPLOY or involve oneself or take part in, to embark on.

“Hire.” COMPENSATION for the use of a thing, or the labor or services.

“Compensation.” Remuneration for services rendered, whether in salary, fees, or commissions. Giving an equivalent or substitute of equal value. Consideration. The price paid for enjoying a privilege purchased.

Question – Your family automobile was designed primarily for the COMMERCIAL TRANSPORTATION of passengers by an individual carrier for hire, compensation, and profit. BUT, are you primarily USING your family automobile for the TRANSPORTATION of PERSONS or PASSENGERS for HIRE?

If you are not, then why did you voluntarily register your family automobile as a “passenger car” or motor vehicle used for the commercial transportation of passengers for hire by a carrier?

Did you know that generally speaking, the majority of APPLICANTS for a Pennsylvania driver’s license will be OPERATORS of regular PASSENGER vehicles, pick-up trucks, or vans.

Everyone with a driver’s license is presumed to be a “commercial driver” if he or she is OPERATING or DRIVING an automobile that has been registered as a “passenger car.”

Is the “civil government forcing safety upon a populace,” as Luke Saint suggests, or have the populace volunteered to be regulated by voluntarily registering their non-commercial family automobile as a commercial passenger car engaged in the commercial transportation of passengers for hire?