Bill Text: PA HB2246 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for definitions, for vehicles exempt from registration, for annual hauling permits, for permit for movement during course of manufacture, for general requirement for other vehicles transporting school children, for conditions of permits and security for damages and for permit for movement of bulk refined oil; providing for permit for movement of nonhazardous liquid glue and for permit for movement of waste tires; further providing for duty of driver in emergency response areas, for careless driving, for snow and ice dislodged or falling from moving vehicle and for sentencing for homicide by vehicle; providing for the offense of aggravated assault by vehicle; further providing for aggravated assault by vehicle while driving under the influence, for accident involving death or personal injury while not properly licensed, for accident scene clearance, for weighing and measurement of vehicles and for promulgation of rules and regulations by department; and imposing penalties.

Spectrum: Slight Partisan Bill (Republican 23-11)

Status: (Passed) 2010-10-19 - Act No. 81 [HB2246 Detail]

Download: Pennsylvania-2009-HB2246-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NOS. 3188, 3629, 3657, 4078 PRINTER'S NO. 4385
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2246 Session of2010
INTRODUCED BY TALLMAN, READSHAW, BARRAR, BELFANTI, D. COSTA, EVERETT, FABRIZIO, FARRY, GEORGE, GILLESPIE, HESS, HICKERNELL, HORNAMAN, KORTZ, MARSHALL, MATZIE, MILLARD, MILLER, MOUL, MURT, OBERLANDER, PASHINSKI, SAYLOR, SIPTROTH, SOLOBAY, SWANGER, J. TAYLOR, VULAKOVICH, BEYER AND HENNESSEY, FEBRUARY 8, 2010
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, SEPTEMBER 28, 2010
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for definitions; providing for <--
permissible argument as to amount of damages; further
providing, for vehicles exempt from registration, for annual <--
hauling permits, for permit for movement during course of
manufacture, for general requirement for other vehicles <--
transporting school children, for conditions of permits and
security for damages and for permit for movement of bulk
refined oil; providing for permit for movement of
nonhazardous liquid glue and for permit for movement of waste
tires; further providing for promulgation of rules and <--
regulations by department, for duty of driver in emergency
response areas, for careless driving, for snow and ice
dislodged or falling from moving vehicle and for sentencing
for homicide by vehicle; providing for the offense of
aggravated assault by vehicle; further providing for
aggravated assault by vehicle while driving under the
influence, for accident involving death or personal injury
while not properly licensed and, for accident scene <--
clearance, for weighing and measurement of vehicles and for <--
promulgation of rules and regulations by department; and
imposing penalties.
RESOLVED, That this act may be referred to as the Sgt.
Michael C. Weigand Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Emergency service responder." An individual acting in an
official capacity as any of the following:
(1) A police officer.
(2) A sheriff or deputy sheriff.
(3) A coroner or deputy coroner.
(4) A firefighter.
(5) Fire police.
(6) A fire marshal.
(7) A medical examiner or deputy medical examiner.
(8) Rescue personnel.
(9) Ambulance personnel.
(10) Towing and recovery personnel.
(11) Highway maintenance and construction personnel.
(12) Hazardous material response team member.
(13) Emergency medical services personnel.
* * *
"Serious bodily injury." Any bodily injury which creates a
substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function
of any bodily member or organ.
20100HB2246PN4385 - 2 -
* * * <--
Section 1.1. Title 75 is amended by adding a section to <--
read:
§ 1794.1. Permissible argument as to amount of damages.
(a) General rule.--In any action for damages against a
tortfeasor, or in any uninsured or underinsured motorist
proceeding, arising out of the maintenance or use of a motor
vehicle and tried before a judge, jury or other tribunal, a
party may make any of the following arguments during closing
argument if the party complied with subsection (b) or if the
judge, jury or other tribunal has requested that the argument be
made:
(1) Specifically argue in lump sums or by mathematical
formula the amount the party deems to be the appropriate
award for all past and future economic damages, noneconomic
damages, or both, claimed to be recoverable.
(2) Argue that an award of zero damages is appropriate,
even if there is a finding of liability against the
defendant.
(b) Disclosure.--The following shall apply:
(1) Except as provided under paragraph (2), a party may
not argue specific award amounts by lump sum or mathematical
formula as provided under subsection (a), unless the party
first discloses to the court and opposing counsel, prior to
the presentation of closing arguments, that the party intends
to argue specific award amounts under subsection (a).
(2) Notwithstanding paragraph (1), arguments as to an
appropriate award amount for economic damages may be made
without notice to opposing counsel or the court if evidence
supporting an award for economic damages has been admitted
20100HB2246PN4385 - 3 -
into evidence at trial.
(c) Facts and evidence.--Nothing in this section shall be
construed to prevent a defendant from arguing that the facts and
evidence admitted at trial support a finding of no liability.
(d) Jury instruction.--In a civil action tried before a
jury, if an appropriate award amount is specifically argued
during closing arguments as provided for under subsection (a),
the trial court shall instruct the jury that specific award
amounts argued are not evidence but only the argument of a party
and that the determination of the amount of damages to be
awarded, if any, is solely for the jury's determination.
Section 2. Section 1302(11) of Title 75 is amended to read: <--
§ 1302. Vehicles exempt from registration.
The following types of vehicles are exempt from registration:
* * *
(11) Any trailer or semitrailer, including but not
limited to non-self-propelled special mobile equipment and
amusement rides constructed as an integral part of the
trailer chassis to create a single unit, to be used primarily
for off highway use and only operated incidentally upon the
highway.
* * *
Section 1.2 3. Section 1943(m) of Title 75 is amended and <--
the section is amended by adding subsections to read:
§ 1943. Annual hauling permits.
* * *
(m) Bulk refined oil.--The annual fee for movement of bulk
refined oil, as provided for in section 4979.1 (relating to
permit for movement of bulk refined oil), shall be [$800.]:
(1) $800 for a distance up to 50 miles.
20100HB2246PN4385 - 4 -
(2) $1,600 for a distance of more than 50 miles up to
125 miles.
* * *
(q.1) Nonhazardous liquid glue.--The annual fee for the
movement of nonhazardous liquid glue, as provided for in section
4979.5 (relating to permit for movement of nonhazardous liquid
glue), shall be $800.
(q.2) Waste tires.--The annual fee for the movement of waste
tires under section 4979.6 (relating to permit for movement of
waste tires) shall be $800.
* * *
Section 2 4. Sections 3327(b.1) and (f), 3714(d), 3720 and <--
3732(b) of Title 75 are amended to read:
§ 3327. Duty of driver in emergency response areas.
* * *
(b.1) Suspension of operating privilege.--The department
shall suspend the operating privilege of any person for 90 days
upon receiving a certified record of the driver's conviction,
adjudication of delinquency or admission into a preadjudication
program for a violation of subsection (a), if the certified
conviction indicates the violation resulted in serious bodily
injury to another person. The license shall be surrendered in
accordance with section 1540 (relating to surrender of license).
* * *
(f) [Definitions] Definition.--As used in this section, [the
following words and phrases shall have the meanings given to
them in this subsection:
"Emergency response area." The] the term "emergency response
area" means the area in which emergency service responders
render emergency assistance to individuals on or near a roadway
20100HB2246PN4385 - 5 -
or a police officer is conducting a traffic stop or systematic
check of vehicles or controlling or directing traffic as long as
the emergency vehicle is making use of visual signals meeting
the requirements of Subchapter D of Chapter 45.
["Emergency service responder." An individual acting in an
official capacity as police officer, sheriff, deputy sheriff,
coroner, deputy coroner, firefighter, fire police, fire marshal,
medical examiner, deputy medical examiner, rescue personnel,
ambulance personnel, towing and recovery personnel, highway
maintenance and construction personnel, hazardous material
response team member or emergency medical service personnel.
"Serious injury." A personal injury resulting in death,
serious impairment of body function or permanent serious
disfigurement.]
§ 3714. Careless driving.
* * *
[(d) Definition.--As used in this section, "serious bodily
injury" means any bodily injury which creates a substantial risk
of death or which causes serious, permanent disfigurement or
protracted loss or impairment of the function of any bodily
member or organ.]
§ 3720. Snow and ice dislodged or falling from moving vehicle.
When snow or ice is dislodged or falls from a moving vehicle
and strikes another vehicle or pedestrian causing death or
serious bodily injury [as defined in section 3742 (relating to
accidents involving death or personal injury)], the operator of
the vehicle from which the snow or ice is dislodged or falls
shall be subject to a fine of not less than $200 nor more than
$1,000 for each offense.
§ 3732. Homicide by vehicle.
20100HB2246PN4385 - 6 -
* * *
(b) Sentencing.--
(1) In addition to any other penalty provided by law, a
person convicted of a violation of subsection (a) may be
sentenced to an additional term not to exceed five years'
confinement if at trial the prosecution proves beyond a
reasonable doubt that the offense occurred in an active work
zone [as defined in section 102 (relating to definitions)].
(1.1) In addition to any other penalty provided by law,
a person convicted of a violation of subsection (a) as the
result of a violation of section 3325 (relating to duty of
driver on approach of emergency vehicle) or 3327 (relating to
duty of driver in emergency response areas) and who is
convicted of violating section 3325 or 3327 may be sentenced
to an additional term not to exceed five years' confinement
when the violation resulted in death.
(2) The prosecution must indicate intent to proceed
under this section in the indictment or information which
commences the prosecution.
(3) The Pennsylvania Commission on Sentencing, pursuant
to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for
sentencing), shall provide for a sentencing enhancement for
an offense under this section when the violation occurred in
an active work zone [as defined in section 102] or was the
result of a violation of section 3325 or 3327.
Section 3 5. Title 75 is amended by adding a section to <--
read:
§ 3732.1. Aggravated assault by vehicle.
(a) Offense.--Any person who recklessly or with gross
negligence causes serious bodily injury to another person while
20100HB2246PN4385 - 7 -
engaged in the violation of any law of this Commonwealth or
municipal ordinance applying to the operation or use of a
vehicle or to the regulation of traffic, except section 3802
(relating to driving under influence of alcohol or controlled
substance), is guilty of aggravated assault by vehicle, a felony
of the third degree when the violation is the cause of the
injury.
(b) Sentencing.--
(1) In addition to any other penalty provided by law, a
person convicted of a violation of subsection (a) may be
sentenced to an additional term not to exceed two years'
confinement if at trial the prosecution proves beyond a
reasonable doubt that the offense occurred in an active work
zone.
(2) In addition to any other penalty provided by law, a
person convicted of a violation of subsection (a) as the
result of a violation of section 3325 (relating to duty of
driver on approach of emergency vehicle) or 3327 (relating to
duty of driver in emergency response areas) and who is
convicted of violating section 3325 or 3327 may be sentenced
to an additional term not to exceed two years' confinement
when the violation resulted in serious bodily injury.
(3) The prosecution must indicate intent to proceed
under this section in the indictment or information which
commences the prosecution.
(4) The Pennsylvania Commission on Sentencing, under 42
Pa.C.S. § 2154 (relating to adoption of guidelines for
sentencing), shall provide for a sentencing enhancement for
an offense under this section when the violation occurred in
an active work zone or was the result of a violation of
20100HB2246PN4385 - 8 -
section 3325 or 3327.
Section 4 6. Sections 3735.1(b), 3742(d), 3742.1(c) and, <--
3745.1(a), 4553(b) and 4962(f) of Title 75 are amended to read: <--
§ 3735.1. Aggravated assault by vehicle while driving under the
influence.
* * *
[(b) Definition.--As used in this section, the term "serious
bodily injury" means any bodily injury which creates a
substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function
of any bodily member or organ.]
§ 3742. Accidents involving death or personal injury.
* * *
[(d) Definitions.--As used in this section, the term
"serious bodily injury" means any bodily injury which creates a
substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function
of any bodily member or organ.]
§ 3742.1. Accidents involving death or personal injury while
not properly licensed.
* * *
[(c) Definitions.--As used in this section, the term
"serious bodily injury" means any bodily injury which creates a
substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function
of any bodily member or organ.]
§ 3745.1. Accident scene clearance.
(a) General rule.--Notwithstanding any other provision of
law to the contrary, the driver of any vehicle in an accident
that does not result in apparent serious bodily injury or death
20100HB2246PN4385 - 9 -
shall immediately remove the vehicle from the roadway to a safe
refuge on the shoulder, emergency lane or median or to a place
otherwise removed from the roadway whenever, in the judgment of
the driver:
(1) The motor vehicle does not require towing and can be
normally and safely driven under its own power in its
customary manner without further damage or hazard to the
motor vehicle, traffic elements or the roadway.
(2) The motor vehicle can be moved safely.
* * *
Section 4.1. Section 4962(f) of Title 75 is amended to read: <--
§ 4553. General requirements for other vehicles transporting <--
school children.
* * *
(b) School-chartered bus.--In addition to school buses,
school-chartered buses, which are designed to transport 16 or
more passengers, including the driver, and which are operated by
a person holding a certificate of the Pennsylvania Public
Utility Commission or the Interstate Commerce Commission, may be
used under a short-term contract with a school which has
acquired the exclusive use of the vehicle at a fixed charge to
[provide transportation of] transport school children to a
[special] school-related event, provided that the vehicle is not
used to transport school children to or from their residences or
designated bus stops. A school-chartered vehicle may be used
without restriction for the transportation of school children
with special needs as may be necessary to make reasonable
accommodations pursuant to the Americans with Disabilities Act
of 1990 (Public Law 101-336, 104 Stat. 327).
* * *
20100HB2246PN4385 - 10 -
§ 4962. Conditions of permits and security for damages.
* * *
(f) When loads permitted.--Only vehicles and combinations
permitted under the following provisions shall be authorized to
carry or haul loads while operating under the permit:
Section 4961(a)(2), (3) and (6) (relating to authority to
issue permits).
Section 4965 (relating to single permits for multiple
highway crossings).
Section 4968 (relating to permit for movement during
course of manufacture).
Section 4974 (relating to permit for movement of
containerized cargo).
Section 4975 (relating to permit for movement of special
mobile equipment).
Section 4976 (relating to permit for movement of domestic
animal feed).
Section 4976.1 (relating to permit for movement of live
domestic animals).
Section 4977 (relating to permit for movement of wooden
structures).
Section 4978 (relating to permit for movement of building
structural components).
Section 4979 (relating to permit for movement of
particleboard or fiberboard used in the manufacture of ready-
to-assemble furniture).
Section 4979.1 (relating to permit for movement of bulk
refined oil).
Section 4979.2 (relating to permit for movement of waste
coal and beneficial combustion ash).
20100HB2246PN4385 - 11 -
Section 4979.3 (relating to permit for movement of float
glass or flat glass for use in construction and other end
uses).
Section 4979.4 (relating to permit for movement of self-
propelled cranes).
Section 4979.5 (relating to permit for movement of
nonhazardous liquid glue).
Section 4979.6 (relating to permit for movement of waste <--
tires).
* * *
Section 4.2 7. Section 4968(a) of Title 75 is amended and <--
the section is amended by adding subsections to read:
§ 4968. Permit for movement during course of manufacture.
[(a) Annual permit.--An annual permit may be issued
authorizing movement on specified highways of boats, trailers,
mobile homes, modular housing units and undercarriages,
helicopters, hot ingots, a hot box, basic oxygen furnace lances,
railway equipment and rails or other articles, vehicles or
combinations which exceed the maximum height, width or length
specified in Subchapter B (relating to width, height and length)
or self-propelled cranes or combinations carrying raw milk, raw
coal, flat-rolled steel coils, steel slabs, hot ingots, a hot
box, pulpwood and wood chips or raw water which exceed the
maximum weight specified in Subchapter C (relating to maximum
weights of vehicles) while they are in the course of manufacture
and under contract with or under the direct control of the
manufacturer, subject to the following provisions:
(1) Except for articles and vehicles not exceeding 102
inches in width, no permit shall be issued under this section
for movement of articles or vehicles while they are in
20100HB2246PN4385 - 12 -
transit from the manufacturer to a purchaser or dealer or for
the movement of articles or vehicles upon a freeway.
(2) Overwidth articles and vehicles:
(i) Articles and vehicles not wider than 102 inches
may be moved any distance on a permit.
(ii) Articles and vehicles wider than 102 inches but
not wider than 108 inches may be moved up to seven miles
on a permit 24 hours per day, seven days a week.
(iii) Articles and vehicles wider than 102 inches
but not in excess of 12 feet in width may be moved up to
50 miles on a permit.
(iv) Wider articles and vehicles may be moved no
farther than ten miles on a permit.
(3) A combination of vehicles which is hauling flat-
rolled steel coils or steel slabs may be permitted by the
department and local authorities to move upon highways within
their respective jurisdiction a distance not exceeding 50
miles if the gross weight does not exceed 100,000 pounds and
the weight of any nonsteering axle does not exceed 21,000
pounds. No permit may be issued for this type of movement
upon an interstate highway.
(3.1) A combination of vehicles which is hauling raw
milk to or from a manufacturer may be permitted by the
department and local authorities to move upon highways within
their respective jurisdiction 24 hours a day, seven days a
week, except during inclement weather as defined in
department regulations, if the gross weight does not exceed
95,000 pounds and if the weight of any nonsteering axle does
not exceed 21,000 pounds. No permit may be issued for this
type of movement upon an interstate highway.
20100HB2246PN4385 - 13 -
(3.2) A combination of vehicles which is hauling a hot
ingot or a hot box may be permitted by the department and
local authorities to move upon highways within their
respective jurisdiction a distance not exceeding 25 miles if
the gross weight does not exceed 150,000 pounds and the
weight of any nonsteering axle does not exceed 21,000 pounds.
No permit may be issued for this type of movement upon an
interstate highway.
(3.3) A combination of vehicles which is hauling basic
oxygen furnace lances may be permitted by the department and
local authorities to move upon highways within their
respective jurisdictions if the overall length does not
exceed 90 feet. A vehicle operating under a permit authorized
under this section may be driven 24 hours a day, seven days a
week, if the vehicle or combination is operated at prevailing
speeds. Movement under this paragraph is not authorized
during any of the following:
(i) A holiday period specified in department
regulations or in the permit.
(ii) Inclement weather, as defined in department
regulations.
(3.4) A self-propelled crane which is being road tested
may be permitted by the department and local authorities to
move upon highways within their respective jurisdictions a
distance not exceeding 15 miles if the gross weight does not
exceed 150,000 pounds and the weight on any axle does not
exceed 27,000 pounds.
(3.5) A combination of vehicles which is hauling raw
coal from a mine to a processing or preparation facility may
be permitted by the department and local authorities to move
20100HB2246PN4385 - 14 -
upon highways within their respective jurisdictions a
distance not exceeding 30 miles if the gross weight does not
exceed 95,000 pounds and if the weight of any nonsteering
axle does not exceed 21,000 pounds. No permit may be issued
for this type of movement upon an interstate highway.
(3.6) A combination of vehicles which is hauling raw
water from a spring to a bottling facility may be permitted
by the department and local authorities to move upon
specified highways within their respective jurisdictions
subject to the following conditions:
(i) The vehicle must be a six axle combination -
three axle truck tractor.
(ii) Gross vehicular weight must not exceed 96,900
pounds.
(iii) Maximum weight on steering axles shall be
11,000 pounds.
(iv) Maximum weight on the truck-tractor tandem
(axles two and three) shall be 38,000 pounds, with a
maximum of 19,500 pounds on either axle in the group.
(v) Maximum weight on the semitrailer tridem (axles
four, five and six) shall be 47,700 pounds, with a
maximum of 16,400 pounds on any axle in the group.
(vi) Minimum spacing between axle one and axle two
shall be 12 feet 11 inches.
(vii) The center-to-center distance between the last
drive axle of the truck tractor (axle three) and the
first axle of semitrailer (axle 4) must be a minimum of
26 feet 7 inches.
(viii) Minimum spacing between tandem and tridem
axles shall be 4 feet 1 inch.
20100HB2246PN4385 - 15 -
No permit may be issued for this type of movement upon an
interstate highway.
(3.7) A combination of vehicles which is hauling
pulpwood or wood chips from a specified source to a pulp mill
may be permitted by the department and local authorities to
move upon specified highways within their respective
jurisdictions subject to the following conditions:
(i) The vehicle must be a five axle combination -
three axle truck tractor meeting the following
characteristics:
(A) Gross vehicular weight must not exceed
95,000 pounds.
(B) Maximum weight on steering axles shall be
11,000 pounds.
(C) Maximum weight on the truck-trailer tandem
(axles two and three) shall be 42,000 pounds, with a
maximum of 21,000 pounds on either axle in the group.
(D) Maximum weight on the semitrailer tridem
(axles four and five) shall be 42,000 pounds, with a
maximum of 21,000 pounds on any axle in the group.
(E) Minimum spacing between axle one and axle
two shall be 12 feet 6 inches.
(F) The center-to-center distance between the
last drive axle of the truck tractor (axle three) and
the first axle of the semitrailer (axle four) must be
a minimum of 28 feet 0 inch.
(G) Minimum spacing between tandem and tridem
axles shall be 4 feet 0 inch.
(ii) The vehicle must be a six axle combination -
three axle truck tractor meeting the following
20100HB2246PN4385 - 16 -
characteristics:
(A) Gross vehicular weight must not exceed
107,000 pounds.
(B) Maximum weight on steering axles shall be
12,000 pounds.
(C) Maximum weight on the truck-tractor tandem
(axles two and three) shall be 42,000 pounds, with a
maximum of 21,000 pounds on either axle in the group.
(D) Maximum weight on the semitrailer tridem
(axles four, five and six) shall be 53,000 pounds,
with a maximum of 17,670 pounds on any axle in the
group.
(E) Minimum spacing between axle one and axle
two shall be 12 feet 6 inches.
(F) The center-to-center distance between the
last drive axle of the truck tractor (axle three) and
the first axle of the semitrailer (axle four) must be
a minimum of 45 feet 0 inch.
(G) Minimum spacing between tandem and tridem
axles shall be 4 feet 0 inch.
No permit may be issued for this type of movement upon an
interstate highway.
(4) A permit may be denied or revoked in order to
preserve the safety of highway users or to protect the
structural integrity of highways or bridges or as otherwise
authorized by department regulations.]
(a.1) General rule.--An annual permit may be issued
authorizing movement on specified highways of:
(1) boats, trailers, mobile homes, modular housing units
and undercarriages, helicopters, hot ingots, a hot box, basic
20100HB2246PN4385 - 17 -
oxygen furnace lances, railway equipment and rails or other
articles, vehicles or combinations which exceed the maximum
height, width or length specified in Subchapter B (relating
to width, height and length) while they are in the course of
manufacture and under contract with or under the direct
control of the manufacturer, provided that they do not exceed
the maximum weight specified in Subchapter C (relating to
maximum weights of vehicles) unless they also qualify under
paragraph (3);
(2) self-propelled cranes while they are in the course
of manufacture and under contract with or under the direct
control of the manufacturer; or
(3) aircraft refueling vehicles or vehicles and
combinations carrying raw milk, raw coal, flat-rolled steel
coils, steel slabs, hot ingots, a hot box, pulpwood and wood
chips or raw water which exceed the maximum weight specified
in Subchapter C while they are in the course of manufacture
and under contract with or under the direct control of the
manufacturer, provided that they do not exceed the maximum
height, width or length specified in Subchapter B unless they
also qualify under paragraph (1), subject to the provisions
in subsection (a.2).
(a.2) Specifications.--
(1) Except for articles and vehicles not exceeding 102
inches in width, no permit shall be issued under this section
for movement of articles or vehicles while they are in
transit from the manufacturer to a purchaser or dealer or for
the movement of articles or vehicles upon a freeway.
(2) Overwidth articles and vehicles:
(i) Articles and vehicles not wider than 102 inches
20100HB2246PN4385 - 18 -
may be moved any distance on a permit.
(ii) Articles and vehicles wider than 102 inches but
not wider than 108 inches may be moved up to seven miles
on a permit 24 hours per day, seven days a week.
(iii) Articles and vehicles wider than 102 inches
but not in excess of 12 feet in width may be moved up to
50 miles on a permit.
(iv) Wider articles and vehicles may be moved no
farther than ten miles on a permit.
(3) A combination of vehicles which is hauling flat-
rolled steel coils or steel slabs may be permitted by the
department and local authorities to move upon highways within
their respective jurisdictions a distance not exceeding 50
miles if the gross weight does not exceed 100,000 pounds and
the weight of any nonsteering axle does not exceed 21,000
pounds. No permit may be issued for this type of movement
upon an interstate highway.
(4) A combination of vehicles which is hauling raw milk
to or from a manufacturer may be permitted by the department
and local authorities to move upon highways within their
respective jurisdictions 24 hours a day, seven days a week,
except during inclement weather as defined in department
regulations, if the gross weight does not exceed 95,000
pounds and if the weight of any nonsteering axle does not
exceed 21,000 pounds. No permit may be issued for this type
of movement upon an interstate highway.
(5) A combination of vehicles which is hauling a hot
ingot or a hot box may be permitted by the department and
local authorities to move upon highways within their
respective jurisdictions a distance not exceeding 25 miles if
20100HB2246PN4385 - 19 -
the gross weight does not exceed 150,000 pounds and the
weight of any nonsteering axle does not exceed 21,000 pounds.
No permit may be issued for this type of movement upon an
interstate highway.
(6) A combination of vehicles which is hauling basic
oxygen furnace lances may be permitted by the department and
local authorities to move upon highways within their
respective jurisdictions if the overall length does not
exceed 90 feet. A vehicle operating under a permit authorized
under this section may be driven 24 hours a day, seven days a
week, if the vehicle or combination is operated at prevailing
speeds. Movement under this paragraph is not authorized
during any of the following:
(i) A holiday period specified in department
regulations or in the permit.
(ii) Inclement weather, as defined in department
regulations.
(7) A self-propelled crane which is being road tested
may be permitted by the department and local authorities to
move upon highways within their respective jurisdictions a
distance not exceeding 15 miles if the gross weight does not
exceed 150,000 pounds and the weight on any axle does not
exceed 27,000 pounds.
(8) A combination of vehicles which is hauling raw coal
from a mine to a processing or preparation facility may be
permitted by the department and local authorities to move
upon highways within their respective jurisdictions a
distance not exceeding 30 miles if the gross weight does not
exceed 95,000 pounds and if the weight of any nonsteering
axle does not exceed 21,000 pounds. No permit may be issued
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for this type of movement upon an interstate highway.
(9) A combination of vehicles which is hauling raw water
from a spring to a bottling facility may be permitted by the
department and local authorities to move upon specified
highways within their respective jurisdictions subject to the
following conditions:
(i) The vehicle must be a six axle combination -
three axle truck tractor.
(ii) Gross vehicular weight must not exceed 96,900
pounds.
(iii) Maximum weight on steering axles shall be
11,000 pounds.
(iv) Maximum weight on the truck-tractor tandem
(axles two and three) shall be 38,000 pounds, with a
maximum of 19,500 pounds on either axle in the group.
(v) Maximum weight on the semitrailer tridem (axles
four, five and six) shall be 47,700 pounds, with a
maximum of 16,400 pounds on any axle in the group.
(vi) Minimum spacing between axle one and axle two
shall be 12 feet 11 inches.
(vii) The center-to-center distance between the last
drive axle of the truck tractor (axle three) and the
first axle of semitrailer (axle four) must be a minimum
of 26 feet 7 inches.
(viii) Minimum spacing between tandem and tridem
axles shall be 4 feet 1 inch.
No permit may be issued for this type of movement upon an
interstate highway.
(10) A combination of vehicles which is hauling pulpwood
or wood chips from a specified source to a pulp mill may be
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permitted by the department and local authorities to move
upon specified highways within their respective jurisdictions
subject to the following conditions:
(i) The vehicle must be a five axle combination -
three axle truck tractor meeting the following
characteristics:
(A) Gross vehicular weight must not exceed
95,000 pounds.
(B) Maximum weight on steering axles shall be
11,000 pounds.
(C) Maximum weight on the truck-trailer tandem
(axles two and three) shall be 42,000 pounds, with a
maximum of 21,000 pounds on either axle in the group.
(D) Maximum weight on the semitrailer tridem
(axles four and five) shall be 42,000 pounds, with a
maximum of 21,000 pounds on any axle in the group.
(E) Minimum spacing between axle one and axle
two shall be 12 feet 6 inches.
(F) The center-to-center distance between the
last drive axle of the truck tractor (axle three) and
the first axle of the semitrailer (axle four) must be
a minimum of 28 feet 0 inch.
(G) Minimum spacing between tandem and tridem
axles shall be 4 feet 0 inch.
(ii) The vehicle must be a six axle combination -
three axle truck tractor meeting the following
characteristics:
(A) Gross vehicular weight must not exceed
107,000 pounds.
(B) Maximum weight on steering axles shall be
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12,000 pounds.
(C) Maximum weight on the truck-tractor tandem
(axles two and three) shall be 42,000 pounds, with a
maximum of 21,000 pounds on either axle in the group.
(D) Maximum weight on the semitrailer tridem
(axles four, five and six) shall be 53,000 pounds,
with a maximum of 17,670 pounds on any axle in the
group.
(E) Minimum spacing between axle one and axle
two shall be 12 feet 6 inches.
(F) The center-to-center distance between the
last drive axle of the truck tractor (axle three) and
the first axle of the semitrailer (axle four) must be
a minimum of 45 feet 0 inch.
(G) Minimum spacing between tandem and tridem
axles shall be 4 feet 0 inch.
No permit may be issued for this type of movement upon an
interstate highway.
(11) An aircraft refueling vehicle manufactured for the
United States Department of Defense which is being road
tested and carrying a load required under contract with the
Department of Defense as part of the road test procedure may
be permitted by the department and local authorities to move
upon highways within their respective jurisdictions a
distance not exceeding 35 miles if, for a three axle vehicle,
the gross weight does not exceed 70,000 pounds and the weight
on any axle does not exceed 26,000 pounds. No permit may be
issued for this type of movement upon an interstate highway.
(12) A permit may be denied or revoked in order to
preserve the safety of highway users or to protect the
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structural integrity of highways or bridges or as otherwise
authorized by department regulations.
* * *
Section 4.3 8. Section 4979.1 of Title 75 is amended to <--
read:
§ 4979.1. Permit for movement of bulk refined oil.
An annual permit may be issued authorizing the movement on
specified highways of refined oil in bulk between a refinery and
a distribution facility which exceeds the maximum vehicle gross
weight specified in Subchapter C (relating to maximum weights of
vehicles). Permits issued under this section shall not exceed a
distance of [50] 125 miles. The weight of any vehicle permitted
under this section may not exceed 107,000 pounds overall gross
weight and shall have the following maximum axle weight limits
for all nonsteering axles:
Single axle 21,000 pounds
Tandem axles 42,000 pounds
Tridem axles 53,000 pounds
Quad axles 63,000 pounds
No permit may be issued for this type of movement upon an
interstate highway.
Section 4.4 9. Title 75 is amended by adding sections to <--
read:
§ 4979.5. Permit for movement of nonhazardous liquid glue.
An annual permit may be issued authorizing the movement on
specified highways of nonhazardous liquid glue in bulk between a
chemical plant and a particleboard or fiberboard manufacturing
facility which exceeds the maximum vehicle gross weight
specified in Subchapter C (relating to maximum weights of
vehicles). Permits issued under this section shall not exceed a
20100HB2246PN4385 - 24 -
distance of 75 miles. The weight of any vehicle permitted under
this section may not exceed 105,000 pounds overall gross weight
and shall have the following maximum axle weight limits for all
nonsteering axles:
Single axle 21,000 pounds
Tandem axles 42,000 pounds
Tridem axles 53,000 pounds
Quad axles 63,000 pounds
No permit may be issued for this type of movement upon an
interstate highway.
§ 4979.6. Permit for movement of waste tires.
An annual permit may be issued for the movement on specified
highways of waste tires and tire derived-fuel, chipped tires,
from a refuse pile to a preparation or power production facility
which exceeds the maximum vehicle gross weight specified in
Subchapter C (relating to maximum weights of vehicles). The
weight of any vehicle permitted under this section may not
exceed 95,000 pounds overall gross weight, and the weight on any
nonsteering axle may not exceed 21,000 pounds. No permit may be
issued for this type of movement upon an interstate highway.
Section 4.5. Section 6103(c) of Title 75 is amended to read: <--
§ 6103. Promulgation of rules and regulations by department.
* * *
(c) Adoption of Federal statute, regulation, standard or
criteria.--The department shall be authorized to adopt by
reference any Federal statute, regulation, standard or criteria
or provision thereof relating to vehicles or drivers, including,
but not limited to, minimum driver qualifications, maximum hours
of service, loading, unloading, hazardous materials, operation,
equipment, records and inspection.
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(1) The department shall be authorized to extend the
coverage of any Federal statute, regulation, standard or
criteria adopted under this subsection to vehicles and
drivers operating only in intrastate commerce, except as
follows:
(ii) No Federal statute, regulation, standard or
criteria pertaining to drivers, including, but not
limited to, minimum driver qualifications, maximum hours
of service or driver records, shall be extended to cover
farm trucks, except farm trucks carrying hazardous
materials in an amount and type which require the vehicle
to be placarded under Chapter 83 (relating to hazardous
materials transportation).
(2) The regulations promulgated by the department under
paragraph (1) may be modified, but shall, to the maximum
extent possible, be consistent with safety and correspond to
Federal regulations, standards or criteria.
(3) The department shall promulgate regulations adopting
by reference all exemptions permitted for farm vehicles,
tractors and other implements of husbandry, and for drivers
of farm vehicles, tractors and other implements of husbandry
under any Federal statute, regulation, standard or criteria
or provision thereof.
* * *
Section 4.6. The provisions of 67 Pa. Code Ch. 231 are
abrogated with respect to vehicles for which drivers for whom
the department is required to exempt under 75 Pa.C.S. § 6103(c)
(3).
Section 10. Sections 4981(e) and 6103(c) of Title 75 are <--
amended to read:
20100HB2246PN4385 - 26 -
§ 4981. Weighing and measurement of vehicles.
* * *
(e) Certification of accuracy of portable scales.--
(1) Portable scales shall be calibrated [every 90 days]
for the purpose of certification of accuracy by the
Department of General Services. A certificate from the
Department of General Services showing that portable scales
were calibrated and found to be accurate shall be competent
and prima facie evidence of those facts in every proceeding
in which a violation of this chapter is charged.
(2) Portable scales shall be calibrated as follows:
(i) Annually.
(ii) Following any event that could affect the
accuracy of the portable scale or following repairs or
failures. If a portable scale is calibrated under this
subparagraph, the portable scale shall not need to be
calibrated for a period of one year.
* * *
§ 6103. Promulgation of rules and regulations by department.
* * *
(c) Adoption of Federal statute, regulation, standard or
criteria.--The department shall be authorized to adopt by
reference any Federal statute, regulation, standard or criteria
or provision thereof relating to vehicles or drivers, including,
but not limited to, minimum driver qualifications, maximum hours
of service, loading, unloading, hazardous materials, operation,
equipment, records and inspection.
(1) The department shall be authorized to extend the
coverage of any Federal statute, regulation, standard or
criteria adopted under this subsection to vehicles and
20100HB2246PN4385 - 27 -
drivers operating only in intrastate commerce, except as
follows:
[(ii) No Federal statute, regulation, standard or
criteria pertaining to drivers, including, but not
limited to, minimum driver qualifications, maximum hours
of service or driver records, shall be extended to cover
farm trucks, except farm trucks carrying hazardous
materials in an amount and type which require the vehicle
to be placarded under Chapter 83 (relating to hazardous
materials transportation).]
(iii) No Federal statute, regulation, standard or
criteria shall be extended to cover farm tractors or
drivers of farm tractors, regardless of whether the farm
tractor is operated as a combination.
(iv) No Federal statute, regulation, standard or
criteria shall be extended to cover implements of
husbandry other than farm tractors, farm vehicles or
drivers of these vehicles, regardless of whether the
vehicle is operated as a combination, provided that:
(A) the vehicle's or combination's gross weight,
gross vehicle weight rating or gross combination
weight rating do not equal or exceed 26,001 pounds;
(B) the vehicle or combination is not carrying
hazardous materials in an amount that requires the
towing or towed vehicle to be placarded under Chapter
83 (relating to hazardous materials transportation);
and
(C) the vehicle or combination is not designated
or used to transport 16 or more people, including the
driver.
20100HB2246PN4385 - 28 -
(v) For purposes of this paragraph, the term "farm
tractors" includes tractors designed for off-road
agricultural use, combines, crop pickers, crop and forage
harvesters, threshers, plows, tillers, planters, seeders,
field sprayers, forage cutters, balers and similar
vehicles that are infrequently operated or moved upon
highways and that are used by a farmer in agricultural
production.
(2) The regulations promulgated by the department under
paragraph (1) may be modified, but shall, to the maximum
extent possible, be consistent with safety and correspond to
Federal regulations, standards or criteria.
(3) The regulations promulgated by the department under
paragraph (1) shall not cause the forfeiture or withholding
of Federal funding. If a regulation promulgated under
paragraph (1) results in a forfeiture or withholding of
Federal funding the regulation shall be void and the
department shall publish notice of the voided regulation in
the Pennsylvania Bulletin.
* * *
Section 5 11. This act shall take effect as follows: <--
(1) This section shall take effect immediately.
(2) The addition of 75 Pa.C.S. § 1794.1 shall take <--
effect in 30 days.
(3) (2) The amendment of 75 Pa.C.S. § 6103(c) § 4981(e) <--
shall take effect immediately in 90 days. <--
(3) (4) (3) The remainder of this act shall take effect <--
in 60 days.
20100HB2246PN4385 - 29 -