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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SEIP, HICKERNELL, BRENNAN, CUTLER, FREEMAN, GOODMAN, HARHAI, JOHNSON, PETRARCA, PHILLIPS, REICHLEY, ROAE, SAYLOR, SIPTROTH, SOLOBAY, KESSLER, CLYMER, MOUL, SWANGER, GIBBONS, EVERETT, BOYD, FLECK, M. KELLER, CONKLIN, CARROLL, TRUE, HALUSKA, HANNA, MIRABITO, MAHONEY, PEIFER, BROOKS, YOUNGBLOOD, HUTCHINSON, ROCK, DENLINGER, KULA, BAKER AND PICKETT, JUNE 12, 2009 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 12, 2009 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for vehicles exempt from |
3 | registration, for use of farm vehicle plates, for general |
4 | lighting requirements, for requirement for periodic |
5 | inspection of vehicles, for operation of vehicle without |
6 | official certificate of inspection, for securing loads in |
7 | vehicles, for safety requirements for towed vehicles, for |
8 | width of vehicles and for registered gross weight. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 1302(2), (10) and (17) of Title 75 of the |
12 | Pennsylvania Consolidated Statutes are amended to read: |
13 | § 1302. Vehicles exempt from registration. |
14 | The following types of vehicles are exempt from registration: |
15 | * * * |
16 | (2) [Any implement of husbandry, trailer or semitrailer |
17 | determined by the department to be used exclusively for |
18 | agricultural operations and only infrequently operated upon |
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1 | highways] Any implement of husbandry and any trailer or |
2 | semitrailer towed or hauled by an implement of husbandry |
3 | exempt from registration or by a farm vehicle. Vehicles |
4 | exempt from registration under this paragraph shall be used |
5 | exclusively upon a farm or farms owned or operated by the |
6 | owner of the vehicle or upon highways [between] as subject to |
7 | the following limitations: |
8 | [(i) Parts of one such farm. |
9 | (ii) Such farms located not more than 25 miles |
10 | apart. |
11 | (iii) Such farm or farms and a place of business |
12 | located within a radius of 25 miles from such farm or |
13 | farms for the purpose of buying or selling agricultural |
14 | commodities or supplies or for delivery, repair or |
15 | servicing of the vehicle.] |
16 | (i) For an implement of husbandry or for a trailer |
17 | or semitrailer being towed or hauled by an implement of |
18 | husbandry between: |
19 | (A) Parts of one such farm. |
20 | (B) Such farms located not more than 25 miles |
21 | apart. |
22 | (C) Such farm or farms and a place of business |
23 | located within a radius of 25 miles from such farm or |
24 | farms for the purpose of buying or selling |
25 | agricultural commodities or supplies or for delivery, |
26 | repair or servicing of the vehicle. |
27 | (ii) For a trailer or semitrailer being towed or |
28 | hauled by a farm vehicle exempt from registration under |
29 | paragraph (10), the areas that the towing or hauling |
30 | vehicle is authorized to be driven. |
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1 | (iii) For a trailer or semitrailer being towed or |
2 | hauled by a farm vehicle bearing farm vehicle |
3 | registration plates under section 1344 (relating to use |
4 | of farm vehicle plates) between: |
5 | (A) Parts of one such farm. |
6 | (B) Such farms located not more than 50 miles |
7 | apart. |
8 | (C) Such farm or farms and a place of business |
9 | located within a radius of 50 miles from such farm or |
10 | farms for the purpose of buying or selling |
11 | agricultural commodities or supplies or for repairing |
12 | or servicing the vehicle. |
13 | * * * |
14 | (10) Any farm vehicle used exclusively upon a farm or |
15 | farms owned or operated by the owner of the vehicle. |
16 | [(i) Type I--Such a farm vehicle which does not |
17 | qualify as a motor carrier vehicle may be driven upon |
18 | highways only from sunrise to sunset. However, a farm |
19 | vehicle which qualifies as a motor carrier vehicle and |
20 | displays a currently valid certificate of inspection may |
21 | be driven upon highways without any restriction as to |
22 | time. Such a farm vehicle may only be driven on highways |
23 | between:] |
24 | (i) Type A--Such a farm vehicle which does not |
25 | qualify as a motor carrier vehicle may be driven on |
26 | highways only from sunrise to sunset and between: |
27 | (A) Parts of one such farm. |
28 | (B) Such farms located not more than 25 miles |
29 | apart. |
30 | (C) Such farm or farms and a place of business |
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1 | located within a radius of 25 miles from such farm or |
2 | farms for the purpose of buying or selling |
3 | agricultural commodities or supplies. |
4 | (D) Such farm or farms and a place of business |
5 | located within a radius of 50 miles from such farm or |
6 | farms for the purpose of repair or servicing of the |
7 | farm vehicle or the trailer or semitrailer being |
8 | towed or hauled by the farm vehicle. |
9 | [(ii) Type II--] (ii) Type B--Such a farm vehicle |
10 | which does qualify as a motor carrier vehicle and |
11 | displays a currently valid certificate of inspection may |
12 | be driven without any restriction as to time but may only |
13 | be driven on highways between: |
14 | (A) Parts of one such farm. |
15 | (B) Such farms located not more than 50 miles |
16 | apart. |
17 | (C) Such farm or farms and a place of business |
18 | located within a radius of 50 miles from such farm or |
19 | farms for the purpose of buying or selling |
20 | agricultural commodities or supplies or for repair or |
21 | servicing of the farm vehicle or the trailer or |
22 | semitrailer being towed or hauled by the farm |
23 | vehicle. |
24 | (iii) Type C--Such a farm vehicle which does qualify |
25 | as a motor carrier vehicle and which does not display a |
26 | currently valid certificate of inspection may be driven |
27 | upon highways only from sunrise to sunset and between: |
28 | (A) Parts of one such farm. |
29 | (B) Such farms located not more than ten miles |
30 | apart. |
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1 | (C) Such farm or farms and a place of business |
2 | located within a radius of ten miles from such farm |
3 | or farms for the purpose of buying or selling |
4 | agricultural commodities or supplies. |
5 | (D) Such farm or farms and a place of business |
6 | located within a radius of 25 miles from such farm or |
7 | farms for the purpose of repair or servicing of the |
8 | farm vehicle or the trailer or semitrailer being |
9 | towed or hauled by the farm vehicle. |
10 | [(iii)] (iv) A biennial certificate of exemption |
11 | shall be required for such a farm vehicle. |
12 | [(iv)] (v) The owner of the farm vehicle shall |
13 | maintain such minimum levels of liability insurance |
14 | coverage on the vehicle as are required to be maintained |
15 | under Chapter 17 (relating to financial responsibility) |
16 | by owners of registered motor vehicles. The owner shall |
17 | satisfy the requirements of this subparagraph if the |
18 | minimum amounts of liability insurance coverage for the |
19 | farm vehicle have been provided under farm liability |
20 | insurance coverage maintained generally by the owner. |
21 | Coverage prescribed in Subchapter B of Chapter 17 shall |
22 | not be required to be maintained or provided for the farm |
23 | vehicle. |
24 | * * * |
25 | (17) Any multipurpose agricultural vehicle. Vehicles |
26 | exempt from registration under this paragraph shall be used |
27 | exclusively upon a farm or farms owned or operated by the |
28 | owner of the vehicles or upon highways between: |
29 | (i) Parts of one such farm. |
30 | (ii) Such farms located not more than [two] five |
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1 | miles apart. |
2 | * * * |
3 | Section 2. Section 1344 of Title 75 is amended by adding a |
4 | subsection to read: |
5 | § 1344. Use of farm vehicle plates. |
6 | * * * |
7 | (c) Applicability of section 1301.--A truck or truck tractor |
8 | bearing current farm vehicle registration plates shall be deemed |
9 | to be duly registered for purposes of section 1301 (relating to |
10 | registration and certificate of title required), notwithstanding |
11 | the commission of any violation of this section. |
12 | Section 3. Section 4303(e) of Title 75 is amended and the |
13 | section is amended by adding a subsection to read: |
14 | § 4303. General lighting requirements. |
15 | * * * |
16 | (e) Equipment exempted [by regulation].--Antique motor |
17 | vehicles, animal-drawn vehicles, implements of husbandry, |
18 | commercial implements of husbandry and special mobile equipment, |
19 | if operated exclusively between the hours of sunrise and sunset |
20 | and not during periods of reduced visibility or insufficient |
21 | illumination, [may be exempted from certain lighting equipment |
22 | requirements of this part by regulations of the department] are |
23 | exempted from the lighting equipment requirements of this part. |
24 | (e.1) Certain trailers exempt.--Trailers and semitrailers |
25 | exempt from registration under section 1302(2) (relating to |
26 | vehicles exempt from registration), when operated between the |
27 | hours of sunrise and sunset and not during periods of reduced |
28 | visibility or insufficient illumination, are exempted from the |
29 | lighting equipment requirements of this part. |
30 | * * * |
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1 | Section 4. Sections 4702(a), 4703(a), 4903(e), 4905(e), |
2 | 4921(b) and 4942(c) of Title 75 are amended to read: |
3 | § 4702. Requirement for periodic inspection of vehicles. |
4 | (a) Annual safety inspection.--Except as provided in |
5 | subsection (b), the department shall establish a system of |
6 | annual safety inspection of vehicles, including emergency |
7 | vehicles, farm vehicles with a gross weight or gross vehicle |
8 | weight rating of greater than 17,000 pounds for which a [Type I] |
9 | Type B biennial certificate of exemption has been issued and |
10 | private noncommercial vehicles used to transport students. |
11 | * * * |
12 | § 4703. Operation of vehicle without official certificate of |
13 | inspection. |
14 | (a) General rule.--Except as otherwise provided in this |
15 | section, no motor vehicle required to bear current registration |
16 | plates issued by this Commonwealth and no farm vehicle with a |
17 | gross weight or gross vehicle weight rating of greater than |
18 | 17,000 pounds for which a [Type I] Type B biennial certificate |
19 | of exemption has been issued shall be driven and no trailer |
20 | required to bear current registration plates issued by this |
21 | Commonwealth shall be moved on a highway and no mass transit |
22 | vehicle shall be operated unless the vehicle displays a |
23 | currently valid certificate of inspection issued under this |
24 | chapter. |
25 | * * * |
26 | § 4903. Securing loads in vehicles. |
27 | * * * |
28 | (e) Exceptions.--This section does not prohibit: |
29 | (1) the necessary spreading of any substance in highway |
30 | maintenance or construction operations; [or] |
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1 | (2) the shedding or dropping of feathers or other matter |
2 | from vehicles hauling live or slaughtered birds or |
3 | animals[.]; or |
4 | (3) the transportation of agricultural products produced |
5 | by a farmer on highways other than freeways between farms |
6 | that the farmer owns or operates in the course of harvesting |
7 | or on-farm storage of the agricultural products, provided |
8 | that the vehicle is not operated or moved at a speed greater |
9 | than 45 miles per hour. For purposes of this paragraph, the |
10 | exception is applicable regardless of whether the |
11 | transportation of agricultural products is performed by the |
12 | farmer or by another person who is performing custom |
13 | harvesting services for the farmer. |
14 | * * * |
15 | § 4905. Safety requirements for towed vehicles. |
16 | * * * |
17 | (e) Obstructed lighting equipment.--Whenever the rear |
18 | running lights, stop lights, turn signals or hazard warning |
19 | lights required by the provisions of Chapter 43 (relating to |
20 | lighting equipment) are obstructed by the load on a vehicle or |
21 | by a towed vehicle or its load, lighting equipment shall be |
22 | displayed on the rear of the towed vehicle or load equivalent to |
23 | the obstructed lights or signals, except in the case of |
24 | implements of husbandry or commercial implements of husbandry |
25 | displaying the slow-moving vehicle emblem [and] or, in the case |
26 | of a farm vehicle hauling or towing a trailer or semitrailer |
27 | exempt from registration under section 1302(2) (relating to |
28 | vehicles exempt from registration), if the hauling or towing |
29 | vehicle is operating between sunrise and sunset. |
30 | * * * |
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1 | § 4921. Width of vehicles. |
2 | * * * |
3 | (b) Special vehicles.-- |
4 | (1) Any implement of husbandry or vehicle loaded with |
5 | vegetable produce or forage crops and not exceeding 11 feet |
6 | in width may be driven, hauled or towed between sunrise and |
7 | sunset on highways other than freeways. |
8 | (2) Any implement of husbandry not exceeding [14 feet 6 |
9 | inches] 16 feet in width may be driven, hauled or towed |
10 | between sunrise and sunset on highways other than freeways: |
11 | (i) Between parts of one farm owned or operated by |
12 | the owner of the implement of husbandry. |
13 | (ii) Between farms owned or operated by the owner of |
14 | the implement of husbandry located not more than 50 miles |
15 | apart. |
16 | (iii) Between: |
17 | (A) farms; or |
18 | (B) a farm owned or operated by a farmer and a |
19 | place of business of a mechanic or dealer in |
20 | implements of husbandry; |
21 | located not more than 150 miles away for the purpose of |
22 | buying, selling, trading, loaning and leasing, |
23 | demonstrating, repairing or servicing the implement of |
24 | husbandry. |
25 | The width allowance under this paragraph shall not apply to |
26 | an implement of husbandry exceeding 14 feet 6 inches unless |
27 | the implement is equipped with reflective edgemarks on the |
28 | front and rear and is operating vehicular hazard lamps that |
29 | are equipped in accordance with the regulations of the |
30 | department and is preceded by a pilot vehicle that is |
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1 | operating vehicular hazard lamps and is displaying a "wide |
2 | vehicle" sign on the front of the vehicle. |
3 | (3) Any implement of husbandry not exceeding 14 feet 6 |
4 | inches in width may be driven, hauled or towed between sunset |
5 | and sunrise on highways other than freeways: |
6 | (i) Between parts of one farm owned or operated by |
7 | the owner of the implement of husbandry. |
8 | (ii) Between farms owned or operated by the owner of |
9 | the implement of husbandry located not more than 50 miles |
10 | apart. |
11 | (iii) Between: |
12 | (A) farms; or |
13 | (B) a farm owned or operated by a farmer and a |
14 | place of business of a mechanic or dealer in |
15 | implements of husbandry; |
16 | located not more than 150 miles away for the purpose of |
17 | buying, selling, trading, loaning and leasing, |
18 | demonstrating, repairing or servicing the implement of |
19 | husbandry. |
20 | The width allowance provided under this paragraph shall not |
21 | apply to an implement of husbandry exceeding 11 feet unless |
22 | the implement is equipped with reflective edgemarks on the |
23 | front and rear and is operating vehicular hazard lamps that |
24 | are equipped in accordance with the regulations of the |
25 | department and is followed by a pilot vehicle that is |
26 | operating vehicular hazard lamps and is displaying a "wide |
27 | vehicle" sign on the rear of the vehicle. |
28 | [(3)] (4) Special mobile equipment not exceeding nine |
29 | feet two inches in width may be driven, hauled or towed |
30 | between sunrise and sunset on highways other than freeways. |
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1 | [(4)] (5) The department may regulate the operation of |
2 | special vehicles subject to this subsection which regulations |
3 | may prohibit the operation of special vehicles on certain |
4 | days or during certain hours. |
5 | [(5) An implement of husbandry or vehicle used |
6 | exclusively for highly perishable crops for processing and |
7 | not exceeding 14 feet 6 inches in width may be operated on |
8 | highways other than freeways between sunset and sunrise only |
9 | during the period of May 20 to October 15. The implement or |
10 | vehicle, when used at this time, shall have two rotating |
11 | yellow beacons and vehicular hazard signal lamps operating.] |
12 | (6) Commercial implements of husbandry not exceeding [12 |
13 | feet] 14 feet 6 inches in width, including wheels and tires, |
14 | may be driven, hauled or towed between sunrise and sunset on |
15 | highways other than freeways. |
16 | * * * |
17 | § 4942. Registered gross weight. |
18 | * * * |
19 | (c) Combination.--No combination containing a trailer having |
20 | a [gross weight or] registered gross weight in excess of 10,000 |
21 | pounds or gross weight in excess of 12,000 pounds shall be |
22 | operated with a gross weight in excess of the registered gross |
23 | weight of the truck or truck tractor for a combination. |
24 | Section 5. This act shall take effect in 60 days. |
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