(a) Penalty.--A person that violates a regulation of the Pennsylvania Turnpike Commission prohibiting fare evasion or attempted fare evasion commits a summary offense and shall, upon conviction, be sentenced to pay a fine according to the classification by the commission of the vehicle driven by that person at the time of violation as follows:

(1) Class 1 through 2: $100.

(2) Class 3 through 6: $500.

(3) Class 7 and higher: $1,000.

(b) Affirmative action.--A person that intentionally or knowingly takes an affirmative action in an attempt to evade tolls incurred for travel upon the Pennsylvania turnpike or a road under its control commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to:

(1) pay a fine of $3,000 for a first offense; and

(2) pay a fine of $6,500 or to imprisonment of not more than six months, or both, for a second or subsequent offense.

(c) Construction.--Prosecution of a violation of this section shall not preclude prosecution under section 1332 (relating to display of registration plate), 7122 (relating to altered, forged or counterfeit documents and plates) or 7124 (relating to fraudulent use or removal of registration plate).

(d) Restitution.--In addition to the fines imposed under this section, restitution shall be made to the commission in an amount equal to the full fare, for the appropriate vehicle class, from the farthest point of entry on the turnpike to the actual point of exit.

(e) Deposit of fines.--Notwithstanding the provision of any other law, the fines collected under subsections (a) and (b) shall be deposited into the Motor License Fund.

(f) Definition.--As used in this section, the term "affirmative action" includes:

(1) removing a license plate from a vehicle to impede electronic toll collection;

(2) installing a mechanism which rotates, changes, blocks or otherwise mechanically alters the ability of a license plate to be read by a violation enforcement system;

(3) installing a mechanical apparatus upon a vehicle which serves the sole purpose of masking, hiding or manipulating the true weight of the vehicle as it appears to a mechanical scale;

(4) conspiring with an individual or group of individuals to alter, lower or evade payment of correct tolls; and

(5) unauthorized use of a Pennsylvania Turnpike private gate access or otherwise unauthorized movement entering or exiting the turnpike other than at approved interchanges.

(Nov. 25, 2013, P.L.974, No.89, eff. 60 days)

2013 Amendment. Act 89 added section 6110.1. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.