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Subchapter C. STATE GAME LANDS
Sec.
135.41. State game lands.
135.42. Appalachian Trail.
135.43. [Reserved].
135.44. [Reserved].
135.45. [Reserved].
135.46. [Reserved].
135.47. [Reserved].
135.48. Purpose and scope.
135.49. Definitions.
135.50. State game lands open to wheelchair access.
135.51. Designated routes open to mobility devices and motor vehicles.
135.52. Towing vehicle placard for persons using mobility devices.
135.53. Operation of mobility devices and motor vehicles on designated routes.
135.54. Transport of passengers restricted.
135.55. Unlawful acts; penalties.
Cross References The provisions of this § 135.41 amended under the Game and Wildlife Code, 34 Pa.C.S. § § 322(c)(8), 721(a), 741(b), 2102(a) and (d), 2167(a) and 2901(b).
Source The provisions of this § 135.41 adopted June 18, 1982, effective June 19, 1982, 12 Pa.B. 1869; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464; amended August 1, 1997, effective August 2, 1997, 27 Pa.B. 3788, amended August 30, 2002, effective February 1, 2003, 32 Pa.B. 4235; amended June 13, 2003, effective June 14, 2003, 33 Pa.B. 2748; amended March 23, 2007, effective March 24, 2007, 37 Pa.B. 1309; amended August 28, 2009, effective August 29, 2009, 39 Pa.B. 5121; amended March 25, 2011, effective March 26, 2011, 41 Pa.B. 1621; amended April 1, 2011, effective April 2, 2011, 41 Pa.B. 1764; amended March 14, 2014, effective March 15, 2014, 44 Pa.B. 1429; corrected March 28, 2014, effective March 15, 2014, 44 Pa.B. 1883; amended May 29, 2015, effective May 30, 2015, 45 Pa.B. 2596; amended August 19, 2016, effective August 20, 2016, 46 Pa.B. 5084; amended May 5, 2017, effective May 6, 2017, 47 Pa.B. 2600. Immediately preceding text appears at serial pages (382899) to (382902).
Cross References This section cited in 58 Pa. Code § 135.2 (relating to unlawful actions); 58 Pa. Code § 135.61 (relating to State game farms); 58 Pa. Code § 135.81 (relating to Commission administrative lands); 58 Pa. Code § 135.101 (relating to scope); 58 Pa. Code § 135.106 (relating to Pymatuning Wildlife Management Area); 58 Pa. Code § 135.107 (relating to Middle Creek Wildlife Management Area); and 58 Pa. Code § 147.1003 (relating to range permit).
§ 135.42. Appalachian Trail.
(a) Scope. This section regulates through hikers who camp overnight on State Game Lands within the corridor of the trail.
(b) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
(1) Public access areaAn area where the public enters or exits the trail on game lands.
(2) SpringA source of water issuing from the ground.
(3) StreamA body of running water flowing on the earth.
(4) Through hikersPersons walking the trail from a beginning area to an exit area on the trail which is not the place of beginning.
(5) TrailThe Appalachian Trail as authorized by the Pennsylvania Appalachian Trail Act (64 P. S. § § 801805).(c) Overnight camping. Overnight camping along the trail shall be lawful only in accordance with the act and this part.
(d) Unlawful acts. It is unlawful to camp:
(1) Overnight at a distance more than 200 feet from the designated trail.
(2) More than one night at the same location.
(3) Within 500 feet of a spring, stream or public access area.
Source The provisions of this § 135.42 adopted June 18, 1982, effective June 19, 1982, 12 Pa.B. 1869; amended June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial page (104938).
Cross References This section cited in 58 Pa. Code § 135.41 (relating to State game lands).
§ 135.43. [Reserved].
Source The provisions of this § 135.43 adopted June 18, 1982, effective June 19, 1982, 12 Pa.B. 1869; reserved June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial page (104939).
§ 135.44. [Reserved].
Source The provisions of this § 135.44 adopted June 18, 1982, effective June 19, 1982, 12 Pa.B. 1869; amended February 21, 1986, effective February 22, 1986, 16 Pa.B. 525; reserved June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial pages (104939) to (104941).
§ 135.45. [Reserved].
Source The provisions of this § 135.45 adopted June 18, 1982, effective June 19, 1982, 12 Pa.B. 1869; reserved June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial pages (104941) to (104942).
§ 135.46. [Reserved].
Source The provisions of this § 135.46 adopted June 18, 1982, effective June 19, 1982, 12 Pa.B. 1869; reserved June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial page (104942).
§ 135.47. [Reserved].
Source The provisions of this § 135.47 adopted June 18, 1982, effective June 19, 1982, 12 Pa.B. 1869; reserved June 19, 1987, effective July 1, 1987, 17 Pa.B. 2464. Immediately preceding text appears at serial page (104942).
§ 135.48. Purpose and scope.
It is the policy of the Commission to promote public access to State game lands for persons with mobility disabilities in compliance with the United States Department of Justice regulations in 28 CFR Part 35 (relating to nondiscrimination on the basis of disability in state and local government services). Sections 135.49135.55 set forth how, where and when persons with mobility disabilities may access State game lands with powered wheel-chairs, powered mobility devices and motor vehicles.
Authority The provisions of this § 135.48 amended under the Game and Wildlife Code, 34 Pa.C.S. § § 721(a), 2102 and 2901(b).
Source The provisions of this § 135.48 adopted December 8, 1989, effective December 9, 1989, 19 Pa.B. 5215; amended August 24, 1990, effective September 24, 1990, 20 Pa.B. 4488; amended May 3, 1991, effective July 1, 1991, 21 Pa.B. 2009; amended October 8, 1993, effective October 9, 1993, 23 Pa.B. 4793; amended November 8, 1996, effective November 9, 1996, 26 Pa.B. 5440; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4709; amended September 17, 2004, effective September 18, 2004, 34 Pa.B. 5153; amended August 28, 2009, effective August 29, 2009, 39 Pa.B. 5122; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1677. Immediately preceding text appears at serial page (371420).
§ 135.49. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
ATVAll-terrain vehicleA device meeting the definition in 75 Pa.C.S. § 7702 (relating to definitions).
Designated route
(i) State game land access or maintenance roads and trails that have been designated by the Director to be open for travel by persons with mobility disabilities using certain powered vehicles and conveyances.
(ii) The term does not include roads that are open to motor vehicle access by the general public.
DisabilityA persons physical or mental impairment that substantially limits his mobility.
Disabled person access permitA permit issued by the Commission under Chapter 147, Subchapter AA (relating to disabled person access permit) to authorize persons with mobility disabilities to utilize mobility devices and motor vehicles to access designated routes on State game lands.
Mobility device
(i) A power-driven device, other than a wheelchair, that is used by a person with a mobility disability for the purpose of locomotion. The term includes ATVs, golf carts, Segways® and other mobility devices designed to operate in areas without defined pedestrian routes, regardless of whether it is designed primarily for use by persons with mobility disabilities.
(ii) This term does not include motor vehicles.
Transport vehicle placardA placard provided by the Commission to disabled person access permit holders that must be displayed on the dashboard or in a window of the transport vehicle.
Universal access symbolA symbol displaying a wheelchair, generally blue and white, that is widely recognized as evidence that the person who is displaying the symbol is disabled.
Wheelchair
(i) A manually-operated or power-driven device designed primarily for use by individuals with mobility disabilities for the main purpose of indoor or outdoor locomotion, or both.
(ii) The term includes power-driven scooters.
(iii) For the purposes of this subchapter, a wheelchair may not be construed as a mobility device.
Authority The provisions of this § 135.49 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(b).
Source The provisions of this § 135.49 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1677. Immediately preceding text appears at serial pages (371420) and (361951).
Cross References The provisions of this § 135.50 issued under the Game and Wildlife Code, 34 Pa.C.S. § 721(a); amended under the Game and Wildlife Code, 34 Pa.C.S.
Source The provisions of this § 135.50 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 June 22, 2012, effective June 23, 2012, 42 Pa.B. 3581; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1677. Immediately preceding text appears at serial page (361951).
Cross References The provisions of this § 135.51 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(b).
Source The provisions of this § 135.51 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1677. Immediately preceding text appears at serial pages (361951) to (361952).
Cross References This section cited in 58 Pa. Code § 135.48 (relating to purpose and scope).
§ 135.52. Towing vehicle placard for persons using mobility devices.
A vehicle used to transport a mobility device for use on designated routes must be marked with a transport vehicle placard issued by the Commission if the transport vehicle is parked on State game lands. The transport vehicle placard must be conspicuously displayed on the dashboard or in a window of the transport vehicle. A transport vehicle placard will be issued by the Commission upon issuance of a disabled person access permit issued under Chapter 147, Subchapter AA (relating to disabled person access permit).
Authority The provisions of this § 135.52 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(b).
Source The provisions of this § 135.52 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1677. Immediately preceding text appears at serial page (361952).
Cross References 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. Immediately preceding text appears at serial pages (361952) and (356395).
Cross References This section cited in 58 Pa. Code § 135.48 (relating to purpose and scope).
§ 135.54. Transport of passengers restricted.
A person with a valid disabled person access permit issued under Chapter 147, Subchapter AA (relating to disabled person access permit) who is incapable of operating the mobility device or motor vehicle, whichever is applicable, may be accompanied by up to one other person who will serve as the operator, provided the mobility device or motor vehicle is designed and manufactured to carry a passenger. Additional passengers are not authorized.
Authority The provisions of this § 135.54 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(b).
Source The provisions of this § 135.54 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1677. Immediately preceding text appears at serial page (356395).
Cross References This section cited in 58 Pa. Code § 135.48 (relating to purpose and scope).
§ 135.55. Unlawful acts; penalties.
It is unlawful to operate a mobility device, motor vehicle or other conveyance on State game lands outside of the authorizations in this subchapter. A person who violates a provision of this subchapter shall be subject to the penalties provided in the act.
Authority The provisions of this § 135.55 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(b).
Source The provisions of this § 135.55 adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3734; amended March 23, 2018, effective March 24, 2018, 48 Pa.B. 1677. Immediately preceding text appears at serial pages (356395) to (356396).
Cross References This section cited in 58 Pa. Code § 135.48 (relating to purpose and scope).
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