SENATE AMENDED
PRIOR PRINTER'S NOS. 11, 839, 907, PRINTER'S NO. 1035
959, 984, 985
No. 5 Session of 1983
INTRODUCED BY PETRARCA, GLADECK, MANDERINO, ITKIN, IRVIS, BURD,
STAIRS, COLE, DUFFY, LASHINGER, OLASZ, PISTELLA, SEVENTY,
RIEGER, VAN HORNE, KUKOVICH, GEIST, MACKOWSKI AND
E. Z. TAYLOR, JANUARY 24, 1983
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MAY 3, 1983
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, ADDING A DEFINITION DEFINITIONS; FURTHER PROVIDING <--
3 FOR EXPENDITURES FOR THE MOTOR VEHICLE EMISSION INSPECTION
4 PROGRAM; ESTABLISHING A CREDIT PROGRAM FOR CERTAIN INSPECTION
5 FEES; FURTHER PROVIDING FOR CERTAIN BONDING REQUIREMENTS;
6 RESTRICTING THE OPERATIONS OF CERTAIN COMBINATIONS; further
7 providing for the length AND WIDTH of certain vehicles; <--
8 REGULATING CERTIFICATION OF CERTAIN AUTO INSPECTION
9 MECHANICS; AND AND FURTHER PROVIDING FOR CERTAIN WEIGHT <--
10 LIMITATIONS. PROVIDING A PENALTY; AND MAKING A REPEAL. <--
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 4923(b) of Title 75 of the Pennsylvania <--
14 Consolidated Statutes is amended by adding a paragraph to read:
15 § 4923. Length of vehicles.
16 * * *
17 (b) Exceptions.--The limitations of (a) do not apply to the
18 following:
19 * * *
20 (5) A combination designed and used exclusively for
1 carrying motor vehicles if the overall length of the
2 combination and load does not exceed 65 feet.
3 SECTION 1. SECTION 102 OF TITLE 75 OF THE PENNSYLVANIA <--
4 CONSOLIDATED STATUTES IS AMENDED BY ADDING A DEFINITION <--
5 DEFINITIONS TO READ:
6 § 102. DEFINITIONS.
7 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
8 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
9 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
10 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
11 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
12 * * *
13 "CONVERTER GEAR." A TRAILER DESIGNED AND USED EXCLUSIVELY TO <--
14 TOW A SEMITRAILER BY MOUNTING THE SEMITRAILER ON THE FIFTH WHEEL
15 OF THE CONVERTER GEAR. THE TERM INCLUDES THE TERMS "AUXILIARY
16 AXLE" AND "JEEP DOLLY."
17 * * *
18 "TERMINAL." A FACILITY, TO OR FROM WHICH A COMBINATION IS
19 ACTUALLY EN ROUTE FOR LOADING, UNLOADING, BREAKING DOWN OR
20 STORING, WHICH HAS ADEQUATE OFF-HIGHWAY PARKING, MANEUVERING AND
21 VEHICLE STORAGE AREA TO WHICH VEHICLES CAN OBTAIN ACCESS AND
22 REGRESS EGRESS WITHOUT BACKING FROM OR ONTO A HIGHWAY, STREET OR <--
23 PUBLIC ALLEY.
24 * * *
25 "TOW DOLLY." A TRAILER DESIGNED AND USED EXCLUSIVELY TO TOW <--
26 ANOTHER VEHICLE BY MOUNTING ITS FRONT OR REAR WHEELS ON THE TOW
27 DOLLY WHILE THE OTHER WHEELS OF THE TOWED VEHICLE REMAIN IN
28 CONTACT WITH THE GROUND.
29 * * *
30 SECTION 2. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ: <--
19830H0005B1035 - 2 -
1 § 4706. PROHIBITION ON EXPENDITURES FOR EMISSION INSPECTION
2 PROGRAM.
3 (A) PROHIBITION.--EXCEPT AS PROVIDED IN SUBSECTION (B),
4 NEITHER THE DEPARTMENT NOR ANY OTHER DEPARTMENT OR AGENCY OF THE
5 EXECUTIVE BRANCH OF STATE GOVERNMENT SHALL EXPEND ANY PUBLIC
6 FUNDS FOR THE ESTABLISHMENT AND ADMINISTRATION OF ANY SYSTEM FOR
7 THE PERIODIC INSPECTION OF EMISSIONS OR EMISSION SYSTEMS OF
8 MOTOR VEHICLES.
9 (B) EXCEPTION.--THE PROVISIONS OF SUBSECTION (A) SHALL NOT
10 APPLY WHEN THE SECRETARY SHALL CERTIFY THAT SUCH SYSTEM IS
11 REQUIRED TO COMPLY WITH FEDERAL LAW AND IS NECESSARY FOR THE
12 COMMONWEALTH TO RECEIVE OR AVOID THE LOSS OF FEDERAL FUNDS IN
13 WHICH CASE THE DEPARTMENT MAY ESTABLISH AND ADMINISTER SUCH A
14 SYSTEM FOR MOTOR VEHICLES REGISTERED IN AREAS WHERE PERIODIC
15 INSPECTION OF EMISSIONS OR EMISSION SYSTEMS OF MOTOR VEHICLES IS
16 REQUIRED BY THE ENVIRONMENTAL PROTECTION AGENCY OF THE UNITED
17 STATES OR DECREES OF THE COURTS OF THE UNITED STATES.
18 (C) CERTIFICATE OF WAIVER.--WHENEVER A SYSTEM FOR THE
19 PERIODIC INSPECTION OF EMISSIONS OR EMISSION SYSTEMS IS
20 ESTABLISHED AS AUTHORIZED IN SUBSECTION (B), THE DEPARTMENT
21 SHALL ISSUE A CERTIFICATE OF WAIVER VALID UNTIL THE NEXT
22 SCHEDULED EMISSION INSPECTION THROUGH AN OFFICIAL EMISSION
23 INSPECTION STATION FOR A MOTOR VEHICLE WHICH MEETS ALL OF THE
24 FOLLOWING REQUIREMENTS:
25 (1) ALL REQUIRED EMISSION CONTROL DEVICES ARE INSTALLED.
26 (2) ALL REQUIRED EMISSION CONTROL DEVICES MUST BE
27 FUNCTIONING PROPERLY OR ADJUSTMENTS HAVE BEEN MADE TO SUCH
28 DEVICES IN THE FOLLOWING MANNER AND UP TO AT LEAST THE
29 FOLLOWING TOTAL COST LIMITATIONS:
30 (I) CHECK AND REPAIR, IF NECESSARY, THE FOLLOWING
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1 ITEMS UNTIL THE WAIVER TOTAL COST LIMITATION IS REACHED:
2 (A) IDLE SPEED, MIX, TIMING AND DWELL;
3 (B) OXYGEN SENSOR - 1980 MODEL YEAR AND NEWER;
4 (C) AIR, FUEL AND PCV FILTER;
5 (D) AUTOMATIC CHOKE;
6 (E) POINTS AND CONDENSER;
7 (F) SPARK PLUGS;
8 (G) ROTOR;
9 (H) VACUUM HOSES;
10 (I) PCV VALVE;
11 (J) AIR PUMP BELT;
12 (K) IGNITION WIRES; AND
13 (L) DISTRIBUTOR CAP.
14 (II) FIFTY DOLLARS FOR 1974 AND NEWER MODEL YEAR
15 VEHICLES.
16 (III) TWENTY-FIVE DOLLARS FOR PRE-1974 MODEL YEAR
17 VEHICLES.
18 (IV) ANY EXPENSES INCURRED IN THE REPAIR OF EMISSION
19 CONTROL DEVICES FOUND TO BE TAMPERED WITH OR RENDERED
20 INOPERATIVE THROUGH INTERVENTION BY THE VEHICLE OWNER OR
21 SOMEONE ACTING ON HIS BEHALF SHALL NOT BE INCLUDED IN THE
22 TOTAL COST LIMITATIONS OF THIS PARAGRAPH.
23 THE COSTS MANDATED BY THIS SUBSECTION DO NOT INCLUDE ANY COSTS
24 RECOVERABLE UNDER AN EMISSION WARRANTY.
25 (D) CHARGE FOR INSPECTION.--WHENEVER A SYSTEM FOR THE
26 PERIODIC INSPECTION OF EMISSIONS OR EMISSION SYSTEMS IS
27 ESTABLISHED AS AUTHORIZED IN SUBSECTION (B), THE MAXIMUM CHARGE
28 FOR SUCH INSPECTION SHALL BE $5. NO ADDITIONAL CHARGE SHALL BE
29 MADE BY THE INSPECTING STATION FOR ONE NECESSARY REINSPECTION
30 WITHIN 30 DAYS OF THE ORIGINAL INSPECTION.
19830H0005B1035 - 4 -
1 (E) COORDINATION WITH SAFETY INSPECTIONS.--WHENEVER A SYSTEM
2 FOR THE PERIODIC INSPECTION OF EMISSIONS OR EMISSION SYSTEMS IS
3 ESTABLISHED AS AUTHORIZED IN SUBSECTION (B), SUCH INSPECTION OF
4 EMISSIONS OR EMISSION SYSTEMS SHALL BE COORDINATED WITH THE
5 VEHICLE SAFETY INSPECTIONS REQUIRED BY SECTION 4702 (RELATING TO
6 REQUIREMENT FOR PERIODIC INSPECTION OF VEHICLES) AND SHALL BE
7 OBTAINED DURING THE PERIOD IN WHICH A VEHICLE IS REQUIRED TO
8 OBTAIN THE SAFETY INSPECTION.
9 (F) CREDIT.--
10 (1) SECTION 27 OF ARTICLE I OF THE CONSTITUTION OF
11 PENNSYLVANIA PROVIDES THAT THE PEOPLE HAVE A RIGHT TO CLEAN
12 AIR AND THAT PENNSYLVANIA'S PUBLIC NATURAL RESOURCES ARE THE
13 COMMON PROPERTY OF ALL THE PEOPLE, INCLUDING GENERATIONS YET
14 TO COME, AND FURTHER PROVIDES THAT THE COMMONWEALTH SHALL ACT
15 AS TRUSTEE OF THESE RESOURCES TO CONSERVE AND MAINTAIN THEM
16 FOR THE BENEFIT OF ALL THE PEOPLE. SECTION 2 OF THE ACT OF
17 JANUARY 8, 1960 (1959 P.L.2119, NO.787), KNOWN AS THE AIR
18 POLLUTION CONTROL ACT, PROVIDES THAT IT IS DECLARED TO BE THE
19 POLICY OF THE COMMONWEALTH TO PROTECT THE AIR RESOURCES OF
20 THE COMMONWEALTH TO THE DEGREE NECESSARY FOR THE PROTECTION
21 OF THE HEALTH, SAFETY AND WELL-BEING OF THE CITIZENS; THE
22 PREVENTION OF INJURY TO PLANT AND ANIMAL LIFE AND PROPERTY;
23 THE PROTECTION OF PUBLIC COMFORT AND CONVENIENCE AND
24 COMMONWEALTH RECREATIONAL RESOURCES; AND THE DEVELOPMENT,
25 ATTRACTION AND EXPANSION OF INDUSTRY, COMMERCE AND
26 AGRICULTURE. PROTECTION OF AIR RESOURCES IS A MATTER OF
27 HIGHEST PRIORITY IN THE COMMONWEALTH. IN FURTHERANCE OF THESE
28 MANDATED GOVERNMENTAL DUTIES, IT IS HEREBY DECLARED THAT THE
29 COST OF AN INSPECTION UP TO A MAXIMUM OF $5 SHALL BE ALLOWED
30 AS A CREDIT AGAINST THE ANNUAL REGISTRATION FEE FOR THE
19830H0005B1035 - 5 -
1 VEHICLE AS PROVIDED IN CHAPTER 19 (RELATING TO FEES) AND THE
2 PROCESSING FEE AS PROVIDED IN SECTION 1901(C)(16) AND (17)
3 (RELATING TO PROCESSING FEE IN LIEU OF REGISTRATION FEE).
4 (2) EVERY PERSON WHO OWNS A VEHICLE REQUIRED TO HAVE AN
5 EMISSION INSPECTION PURSUANT TO THIS SECTION SHALL INITIALLY
6 BE RESPONSIBLE TO PAY THE ENTIRE ALLOWABLE COSTS OF SUCH
7 INSPECTION. SUCH PERSON MAY THEN SUBTRACT THE COST OF SUCH
8 INSPECTION UP TO A MAXIMUM OF $5 FROM THE ANNUAL FEE FOR
9 REGISTRATION OF THE VEHICLE AS PROVIDED IN CHAPTER 19 OR THE
10 PROCESSING FEE AS PROVIDED IN SECTION 1901(C)(16) AND (17).
11 (3) EACH OFFICIAL EMISSION INSPECTION STATION SHALL
12 ISSUE, PER VEHICLE, TO EACH VEHICLE OWNER AT THE TIME OF THE
13 EMISSION INSPECTION REQUIRED UNDER THIS SECTION, A
14 CERTIFICATE STATING THE ACTUAL AMOUNT PAID FOR THE EMISSION
15 INSPECTION. THIS CERTIFICATE SHALL BE SUBMITTED BY THE
16 VEHICLE OWNER WITH THE REGISTRATION RENEWAL APPLICATION TO
17 CLAIM THE CREDIT AUTHORIZED BY PARAGRAPH (2). THE DEPARTMENT
18 SHALL SUSPEND THE INSPECTION AUTHORITY OF ANY INSPECTION
19 STATION WHICH FRAUDULENTLY ISSUES A CERTIFICATE AS REQUIRED
20 BY THIS SUBSECTION.
21 (4) ANY PERSON WHO FRAUDULENTLY ISSUES A CERTIFICATE OR
22 KNOWINGLY OBTAINS OR SEEKS TO OBTAIN A FRAUDULENT CERTIFICATE
23 COMMITS A MISDEMEANOR OF THE SECOND DEGREE AND SHALL IN
24 ADDITION TO ANY FINES OR IMPRISONMENT BE ORDERED TO MAKE
25 RESTITUTION TO THE COMMONWEALTH.
26 (5) THE DEPARTMENT SHALL PROMULGATE SUCH REGULATIONS AS
27 MAY BE NECESSARY TO IMPLEMENT THIS SECTION.
28 SECTION 2 3 2. SECTION 4702.1 OF TITLE 75 IS AMENDED TO <--
29 READ:
30 § 4702.1. LIMITED LIABILITY OF INSPECTION STATION OR MECHANIC.
19830H0005B1035 - 6 -
1 (A) GENERAL RULE.--AN INSPECTION CONDUCTED PURSUANT TO
2 SECTION 4702(A) (RELATING TO ANNUAL INSPECTION) SHALL NOT BE
3 CONSTRUED AS A GUARANTY OF THE SAFETY OF ANY VEHICLE AND NEITHER
4 THE OFFICIAL INSPECTION STATION ISSUING THE CERTIFICATE OF
5 INSPECTION NOR THE OFFICIAL INSPECTION MECHANIC PERFORMING THE
6 INSPECTION SHALL BE LIABLE TO THE OWNER OR OCCUPANTS OF ANY
7 INSPECTED VEHICLE FOR ANY DAMAGES CAUSED BY THE FAILURE OR
8 MALFUNCTION OF THAT VEHICLE OR TO THE OWNER OR OCCUPANTS OF ANY
9 VEHICLE INVOLVED IN AN ACCIDENT WITH THAT INSPECTED VEHICLE OR
10 TO ANY PEDESTRIAN INJURED IN THE ACCIDENT UNLESS IT CAN BE SHOWN
11 BY A PREPONDERANCE OF THE EVIDENCE THAT THE FAILURE WAS CAUSED
12 BY THE NEGLIGENCE OF THE INSPECTION STATION OR MECHANIC.
13 (B) PRIOR CERTIFICATION.--INSPECTION MECHANICS CERTIFIED AS
14 TO TRAINING, QUALIFICATIONS AND COMPETENCE, PRIOR TO JANUARY 1,
15 1983, SHALL BE DEEMED TO HAVE COMPLIED WITH DEPARTMENTAL
16 REGULATIONS AND SHALL BE AUTHORIZED TO CONDUCT MOTOR VEHICLE
17 INSPECTIONS WITHOUT REAPPLICATION FOR CERTIFICATION.
18 SECTION 2 3 4 3. SECTION 4904 OF TITLE 75 IS AMENDED BY <--
19 ADDING A SUBSECTION SUBSECTIONS TO READ: <--
20 § 4904. LIMITS ON NUMBER OF TOWED VEHICLES.
21 * * *
22 (E) TWO-TRAILER COMBINATIONS ON INTERSTATE AND DESIGNATED
23 PRIMARY HIGHWAYS.--COMBINATIONS CONSISTING OF A TRUCK TRACTOR
24 AND TWO TRAILERS MAY ONLY BE DRIVEN AS DESCRIBED IN SECTION 4908 <--
25 (RELATING TO OPERATION OF CERTAIN COMBINATIONS ON INTERSTATE AND
26 CERTAIN PRIMARY HIGHWAYS).
27 (F) TOW DOLLIES AND CONVERTER GEARS.--A TOW DOLLY OR <--
28 CONVERTER GEAR MAY BE TOWED BY A MOTOR VEHICLE FOR THE PURPOSE
29 OF TOWING ANOTHER VEHICLE, PROVIDED THE COMBINATION MEETS ALL
30 REQUIREMENTS OF SECTION 4905 (RELATING TO SAFETY REQUIREMENTS
19830H0005B1035 - 7 -
1 FOR TOWED VEHICLES) AND SEPARATE LIGHTING EQUIPMENT IS DISPLAYED
2 ON THE REAR OF A TOWED MOTOR VEHICLE. A CONVERTER GEAR MAY ALSO
3 BE TOWED EMPTY BEHIND A COMBINATION CONSISTING OF A TRUCK
4 TRACTOR AND SEMITRAILER.
5 SECTION 3 4 5 4. TITLE 75 IS AMENDED BY ADDING A SECTION TO <--
6 READ:
7 § 4908. OPERATION OF CERTAIN COMBINATIONS ON INTERSTATE AND
8 CERTAIN PRIMARY HIGHWAYS.
9 (A) GENERAL RULE.--COMBINATIONS AUTHORIZED BY SECTION
10 4904(E) (RELATING TO LIMITS ON NUMBER OF TOWED VEHICLES) TO HAVE
11 TWO TRAILERS, OR BY SECTION 4923(B)(6) (RELATING TO LENGTH OF
12 VEHICLES) TO EXCEED THE LENGTH LIMITATION FOR COMBINATIONS, MAY
13 BE DRIVEN ONLY ON THE TYPES OF HIGHWAYS AND UNDER THE
14 LIMITATIONS SET FORTH BELOW:
15 (1) ON A DESIGNATED NETWORK CONSISTING OF ALL INTERSTATE
16 HIGHWAYS AND PORTIONS OF FEDERAL AID PRIMARY HIGHWAYS HAVING
17 AT LEAST A 48-FOOT-WIDE ROADWAY OR TWO 24-FOOT-WIDE ROADWAYS
18 AND DESIGNATED BY THE DEPARTMENT AS CAPABLE OF SAFELY
19 ACCOMMODATING SUCH VEHICLES.
20 (2) BETWEEN THE DESIGNATED NETWORK AND EITHER OF THE
21 FOLLOWING:
22 (I) A TERMINAL OR A FACILITY FOR FOOD, FUEL, REPAIR
23 OR REST HAVING AN ENTRANCE WITHIN TWO-TENTHS OF A MILE OF
24 THE NEAREST RAMP OR INTERSECTION, BUT ONLY ON HIGHWAYS
25 HAVING LANES AT LEAST 12 FEET WIDE, AND ONLY IF THE
26 FACILITY MEETS THE CRITERIA FOR OFF-STREET PARKING,
27 MANEUVERING AND VEHICLE STORAGE AREA FOR TERMINALS.
28 (II) A TERMINAL WHICH CAN SAFELY AND REASONABLY BE
29 ACCESSED USING HIGHWAYS APPROVED UNDER SUBSECTION (D).
30 (B) HOUSEHOLD GOODS CARRIERS.--IN ADDITION TO THE OPERATIONS
19830H0005B1035 - 8 -
1 AUTHORIZED IN SUBSECTION (A), A HOUSEHOLD GOODS CARRIER,
2 CONSISTING OF A TRUCK TRACTOR AND EITHER OF THE FOLLOWING:
3 (1) A SINGLE TRAILER, WHICH EXCEEDS THE MAXIMUM LENGTH
4 FOR COMBINATIONS ESTABLISHED IN SECTION 4923(A), MAY BE
5 DRIVEN BETWEEN THE DESIGNATED NETWORK AND A POINT OF LOADING
6 OR UNLOADING WHICH CAN SAFELY AND REASONABLY BE ACCESSED.
7 (2) TWO TRAILERS, MAY BE DRIVEN BETWEEN THE DESIGNATED
8 NETWORK AND A POINT OF LOADING OR UNLOADING WHICH CAN SAFELY
9 AND REASONABLY BE ACCESSED USING HIGHWAYS APPROVED UNDER
10 SUBSECTION (D) FOR THE PARTICULAR MOVEMENT.
11 (C) NEARBY TERMINALS AND FACILITIES.--WHERE ONE OR MORE
12 TERMINALS OR FACILITIES FOR FOOD, FUEL, REPAIR OR REST ALONG A
13 HIGHWAY HAVING LANES AT LEAST 12 FEET WIDE ARE IN CLOSE
14 PROXIMITY TO A TERMINAL OR FACILITY WHICH IS WITHIN TWO-TENTHS
15 OF A MILE OF THE DESIGNATED NETWORK, ALL OF SUCH TERMINALS AND
16 FACILITIES SHALL BE DEEMED TO BE WITHIN TWO-TENTHS OF A MILE OF
17 THE DESIGNATED NETWORK.
18 (D) ROUTE APPROVAL.--APPROVAL OF A ROUTE UNDER SUBSECTION
19 (A)(2)(II) OR (B)(2) SHALL BE OBTAINED FROM THE:
20 (1) CITY IN THE CASE OF ANY HIGHWAY IN A CITY.
21 (2) DEPARTMENT IN THE CASE OF A STATE HIGHWAY NOT IN A
22 CITY, EXCEPT THAT THE DEPARTMENT WILL, UPON REQUEST, DELEGATE
23 AUTHORITY TO APPROVE ROUTES UNDER THIS SUBSECTION TO A
24 MUNICIPALITY WHICH HAS BEEN DELEGATED AUTHORITY TO ISSUE
25 PERMITS IN ACCORDANCE WITH SECTION 420 OF THE ACT OF JUNE 1,
26 1945 (P.L.1242, NO.428), KNOWN AS THE STATE HIGHWAY LAW.
27 (3) MUNICIPALITY IN THE CASE OF A LOCAL HIGHWAY NOT IN A
28 CITY.
29 (E) NOTICE.--
30 (1) THE DEPARTMENT SHALL PUBLISH THE DESIGNATED NETWORK
19830H0005B1035 - 9 -
1 ESTABLISHED IN SUBSECTION (A)(1) IN THE PENNSYLVANIA BULLETIN
2 AS A NOTICE UNDER 45 PA.C.S. § 725(A)(3) (RELATING TO
3 ADDITIONAL CONTENTS OF PENNSYLVANIA BULLETIN), AND WILL ALSO
4 FORWARD THE DESIGNATED NETWORK TO TRUCKING COMPANIES AND
5 ASSOCIATIONS AND OTHER INTERESTED PARTIES, UPON REQUEST.
6 (2) APPROVAL OF A ROUTE UNDER SUBSECTION (A)(2)(II)
7 SHALL BE EFFECTIVE UPON NOTICE BY THE APPROVING AUTHORITY TO
8 THE PERSON WHO REQUESTED IT. NOTICE OF THE APPROVAL SHALL
9 ALSO BE GIVEN TO STATE AND AFFECTED LOCAL POLICE, AND SHALL
10 BE PUBLISHED IN THE PENNSYLVANIA BULLETIN AS A NOTICE UNDER
11 45 PA.C.S. § 725(A)(3).
12 (3) APPROVAL OF A ROUTE UNDER SUBSECTION (B)(2) SHALL BE
13 EFFECTIVE UPON NOTICE BY THE APPROVING AUTHORITY TO THE
14 PERSON WHO REQUESTED IT. NOTICE OF THE APPROVAL SHALL ALSO BE
15 GIVEN TO STATE AND AFFECTED LOCAL POLICE.
16 (F) REVOCATION OF ROUTE APPROVAL.--THE AUTHORITY WHICH
17 APPROVED A ROUTE UNDER SUBSECTION (A)(2)(II) MAY REVOKE THE
18 ROUTE APPROVAL IF IT DETERMINES THAT THE ROUTE OR SOME PORTION
19 OF IT CANNOT SAFELY AND REASONABLY ACCOMMODATE COMBINATIONS
20 AUTHORIZED TO EXCEED LENGTH OR NUMBER OF TRAILER LIMITATIONS.
21 NOTICE OF THE REVOCATION SHALL BE PUBLISHED IN THE PENNSYLVANIA
22 BULLETIN AS A NOTICE UNDER 45 PA.C.S. § 725(A)(3) AND SHALL BE
23 EFFECTIVE 15 DAYS AFTER SUCH PUBLICATION, EXCEPT THAT THE
24 POSTING AUTHORITY MAY EFFECT AN EARLIER REVOCATION BY POSTING
25 SIGNS TO INDICATE THE REVOCATION. WRITTEN NOTICE OF THE
26 REVOCATION SHALL ALSO BE GIVEN TO THE PERSON WHO REQUESTED THE
27 ROUTE APPROVAL AND TO STATE AND AFFECTED LOCAL POLICE.
28 SECTION 4 5 6 5. SECTIONS SECTION 4921(A), (C) AND (D), 4923 <--
29 AND 4943(A) OF TITLE 75 ARE AMENDED IS AMENDED AND A SUBSECTION <--
30 IS ADDED TO READ:
19830H0005B1035 - 10 -
1 § 4921. WIDTH OF VEHICLES.
2 (A) GENERAL RULE.--THE TOTAL OUTSIDE WIDTH OF A VEHICLE, <--
3 INCLUDING ANY LOAD, SHALL NOT EXCEED EIGHT AND ONE-HALF FEET
4 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.
5 (A.1) LIMITATION ON HIGHWAY USE.--VEHICLES WITH AN OUTSIDE <--
6 WIDTH OF EIGHT AND ONE-HALF FEET SHALL BE RESTRICTED TO THOSE
7 HIGHWAYS ON WHICH TWO-TRAILER COMBINATIONS ARE AUTHORIZED BY THE
8 DEPARTMENT PURSUANT TO THIS AMENDATORY ACT. EXCEPT AS OTHERWISE
9 PROVIDED IN THIS SECTION, ON ALL OTHER HIGHWAYS THE TOTAL
10 OUTSIDE WIDTH OF A VEHICLE INCLUDING ANY LOAD SHALL NOT EXCEED
11 EIGHT FEET.
12 * * *
13 [(C) BUSES.--ANY BUS OPERATED WHOLLY WITHIN A MUNICIPALITY, <--
14 WHERE PERMITTED BY THE MUNICIPALITY, OR IN MORE THAN ONE
15 MUNICIPALITY, WHERE APPROVED BY THE PUBLIC UTILITY COMMISSION,
16 MAY HAVE A TOTAL OUTSIDE WIDTH NOT TO EXCEED EIGHT FEET SIX
17 INCHES WHEN OPERATED UPON A HIGHWAY HAVING TRAFFIC-LANE WIDTHS
18 OF NOT LESS THAN TEN FEET.
19 (D) NONDIVISIBLE LOADS.--VEHICLES CARRYING NONDIVISIBLE
20 LOADS NOT EXCEEDING EIGHT FEET SIX INCHES IN WIDTH MAY OPERATE
21 ON ANY HIGHWAY HAVING A ROADWAY WIDTH OF 20 FEET OR MORE. [THIS <--
22 SUBSECTION DOES NOT APPLY ON THE NATIONAL SYSTEM OF INTERSTATE
23 AND DEFENSE HIGHWAYS.]
24 * * *
25 (G) CERTAIN HIGHWAYS.--THE TOTAL OUTSIDE WIDTH OF A VEHICLE, <--
26 INCLUDING ANY LOADS, MAY EXCEED EIGHT FEET BUT SHALL NOT EXCEED
27 EIGHT AND ONE-HALF FEET WHEN DRIVEN AS DESCRIBED IN SECTION 4908
28 (RELATING TO OPERATION OF CERTAIN COMBINATIONS ON INTERSTATE AND
29 CERTAIN PRIMARY HIGHWAYS).
30 SECTION 6 7 6. SECTIONS 4923 AND 4943(A) OF TITLE 75 ARE <--
19830H0005B1035 - 11 -
1 AMENDED TO READ:
2 § 4923. LENGTH OF VEHICLES.
3 (A) GENERAL RULE.--[NO] EXCEPT AS PROVIDED IN SUBSECTION
4 (B), NO MOTOR VEHICLE, INCLUDING ANY LOAD AND BUMPERS, SHALL
5 EXCEED AN OVERALL LENGTH OF 40 FEET, AND NO COMBINATION,
6 INCLUDING ANY LOAD AND BUMPERS, SHALL EXCEED AN OVERALL LENGTH
7 OF 60 FEET.
8 (B) EXCEPTIONS.--THE LIMITATIONS OF (A) DO NOT APPLY TO THE
9 FOLLOWING:
10 (1) ANY MOTOR VEHICLE EQUIPPED WITH A BOOM OR BOOM-LIKE
11 DEVICE IF THE VEHICLE DOES NOT EXCEED 55 FEET.
12 (2) ANY COMBINATION TRANSPORTING ARTICLES WHICH DO NOT
13 EXCEED 70 FEET IN LENGTH AND ARE NONDIVISIBLE AS TO LENGTH.
14 (3) ANY BUS OF AN ARTICULATED DESIGN WHICH DOES NOT
15 EXCEED 60 FEET.
16 (4) ANY MOTOR VEHICLE TOWING A DISABLED MOTOR VEHICLE TO
17 A LOCATION FOR REPAIR OR TO SOME OTHER PLACE OF SAFETY.
18 (5) A COMBINATION DESIGNED AND USED EXCLUSIVELY FOR
19 CARRYING MOTOR VEHICLES IF THE OVERALL LENGTH OF THE
20 COMBINATION AND LOAD DOES NOT EXCEED 65 FEET.
21 (6) ANY COMBINATION CONSISTING OF A TRUCK TRACTOR AND
22 ONE OR TWO TRAILERS, WHEN DRIVEN AS DESCRIBED IN SECTION 4908
23 (RELATING TO OPERATION OF CERTAIN COMBINATIONS ON INTERSTATE
24 AND CERTAIN PRIMARY HIGHWAYS), PROVIDED THAT, EXCEPT WHEN <--
25 BEING OPERATED AS A PART OF A COMBINATION OF A TRACTOR AND
26 SINGLE TRAILER NOT EXCEEDING AN OVERALL LENGTH OF 60 FEET,
27 THE LENGTH OF A SINGLE TRAILER SHALL NOT EXCEED 48 FEET AND
28 THE LENGTH OF EACH DOUBLE TRAILER SHALL NOT EXCEED 28 FEET.
29 § 4943. MAXIMUM AXLE WEIGHT OF VEHICLES.
30 (A) GENERAL RULE.--NO VEHICLE OR COMBINATION DRIVEN UPON A
19830H0005B1035 - 12 -
1 HIGHWAY SHALL HAVE A WEIGHT UPON ANY AXLE IN EXCESS OF THE
2 LESSER OF THE MANUFACTURER'S RATED AXLE CAPACITY OR THE
3 FOLLOWING APPLICABLE WEIGHT:
4 (1) STEERING AXLES.--THE MAXIMUM AXLE WEIGHT UPON A
5 STEERING AXLE SHALL NOT EXCEED [18,000] 20,000 POUNDS.
6 (2) OTHER AXLES.--
7 MAXIMUM AXLE WEIGHT IN POUNDS UPON:
8 IF THE CENTER-TO-CENTER
9 DISTANCE BETWEEN THE ONE OF TWO OTHER OF TWO
10 NEAREST ADJACENT AXLES IS: ADJACENT AXLES ADJACENT AXLES
11 UNDER 6 FEET 18,000 18,000
12 6 TO 8 FEET 18,000 22,400
13 OVER 8 FEET 22,400 22,400
14 * * *
15 SECTION 7 8 7. THE PROVISIONS OF SECTIONS 1, 3, 4, 5, 6 AND <--
16 7 3, 4, 5 AND 6 INSOFAR AS THEY RELATE TO SECTION 4923 OF THIS <--
17 AMENDATORY ACT SHALL BE EFFECTIVE ONLY AS LONG AS FEDERAL LAW OR
18 THE FEDERAL HIGHWAY ADMINISTRATION SHALL REQUIRE THIS
19 COMMONWEALTH TO ALLOW COMBINATIONS CONSISTING OF A TRUCK TRACTOR
20 AND TWO TRAILERS AND COMBINATIONS IN EXCESS OF 60 FEET IN LENGTH
21 TO BE DRIVEN ON ITS HIGHWAYS. NOTICE OF A CHANGE IN THE FEDERAL
22 MANDATE SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN BY THE
23 SECRETARY OF TRANSPORTATION AND THE PROVISIONS OF THIS ACT SHALL
24 BE VOID 30 DAYS THEREAFTER.
25 SECTION 9. WHENEVER ANY GEOGRAPHICAL AREA WHERE PERIODIC <--
26 INSPECTION OF EMISSIONS OR EMISSION SYSTEMS OF MOTOR VEHICLES IS
27 REQUIRED UNDER SECTION 4706 OF TITLE 75 COMES INTO COMPLIANCE
28 WITH THE STATE IMPLEMENTATION PLAN UNDER THE FEDERAL CLEAN AIR
29 ACT, THE IMPLEMENTATION OF A VEHICLE EMISSION INSPECTION PROGRAM
30 SHALL NOT BE REQUIRED IN THAT GEOGRAPHICAL AREA, NOR SHALL ANY
19830H0005B1035 - 13 -
1 VEHICLE EMISSION INSPECTION PROGRAM AS AUTHORIZED UNDER SECTION
2 4706 BE ESTABLISHED OR ADMINISTERED IN ANY COUNTY OF THE FIFTH,
3 SIXTH, SEVENTH OR EIGHTH CLASS OR ANY OTHER AREA FOR WHICH SUCH
4 PROGRAM IS NOT REQUIRED UNDER THE STATE IMPLEMENTATION PLAN OR
5 REVISIONS THERETO APPROVED BY THE ENVIRONMENTAL PROTECTION
6 AGENCY UNDER THE FEDERAL CLEAN AIR ACT.
7 SECTION 10 8. NO BOND SHALL BE REQUIRED PURSUANT TO THE ACT <--
8 OF DECEMBER 20, 1967 (P.L.869, NO.385), KNOWN AS THE PUBLIC
9 WORKS CONTRACTORS' BOND LAW OF 1967, OR ANY OTHER LAW FOR
10 CONTRACTS IN AN AMOUNT OF $25,000 OR LESS BETWEEN A PRIME
11 CONTRACTOR AND THE DEPARTMENT OF TRANSPORTATION FOR
12 CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR OR MAINTENANCE
13 OF HIGHWAYS.
14 SECTION 11. IF ANY PROVISION OF THIS AMENDATORY ACT OR THE <--
15 APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD
16 INVALID BY A COURT OF COMPETENT JURISDICTION OR DISAPPROVED BY A
17 COURT OF THE UNITED STATES, SUCH INVALIDITY OR DISAPPROVAL SHALL
18 NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THE ACT WHICH CAN
19 BE GIVEN EFFECT WITHOUT THE INVALID OR DISAPPROVED PROVISION OR
20 APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ACT ARE
21 DECLARED TO BE SEVERABLE.
22 SECTION 12. SECTION 2013 OF THE ACT OF APRIL 9, 1929
23 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, IS
24 REPEALED.
25 Section 2 5 8 13 9. This act shall take effect in 60 days <--
26 IMMEDIATELY. IMMEDIATELY. EXCEPT THAT THE PROVISIONS OF SECTION <--
27 4706(C) SHALL TAKE EFFECT UPON THE CERTIFICATION OF THE
28 SECRETARY OF TRANSPORTATION THAT THE PROVISIONS OF SUBSECTION
29 (C) HAVE BEEN APPROVED OR HAVE NOT BEEN DISAPPROVED BY THE
30 ENVIRONMENTAL PROTECTION AGENCY OF THE UNITED STATES OR THE
19830H0005B1035 - 14 -
1 COURTS OF THE UNITED STATES, AND EXCEPT THAT THE PROVISIONS OF
2 SECTION 4705(D) 4706(D) OF TITLE 75 SHALL TAKE EFFECT UPON THE <--
3 CERTIFICATION OF THE SECRETARY OF TRANSPORTATION THAT THE
4 PROVISIONS OF SUBSECTION (D) HAVE BEEN APPROVED OR HAVE NOT BEEN
5 DISAPPROVED BY THE ENVIRONMENTAL PROTECTION AGENCY OF THE UNITED
6 STATES OR THE COURTS OF THE UNITED STATES.
L28L75JRW/19830H0005B1035 - 15 -