SENATE AMENDED
PRIOR PRINTER'S NOS. 376, 1937, 3749, PRINTER'S NO. 3918
3832, 3907
No. 355 Session of 1991
INTRODUCED BY GEIST, NOYE, FAIRCHILD, DEMPSEY, PESCI, HERMAN,
NAILOR, DeLUCA, BATTISTO, MARKOSEK, HALUSKA, REBER, RAYMOND,
MICOZZIE, BUNT, JOHNSON, R. C. WRIGHT, ALLEN, HESS, FARGO,
BILLOW, TRELLO, WILSON, JAMES, M. N. WRIGHT, NAHILL,
GODSHALL, E. Z. TAYLOR, HERSHEY, STABACK, ANGSTADT, SEMMEL,
SERAFINI, B. SMITH, BOYES, OLASZ, BISHOP, TELEK, MICHLOVIC
AND STURLA, FEBRUARY 11, 1991
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 30, 1992
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, ADDING A DEFINITION OF "COMMERCIAL IMPLEMENT OF <--
3 HUSBANDRY" AND ADDING AMENDING PROVISIONS RELATING THERETO;
4 FURTHER PROVIDING FOR VEHICLES EXEMPT FROM REGISTRATION AND
5 FOR PERMITS FOR CERTAIN CHEMICAL AND FERTILIZER VEHICLES;
6 further providing for DRIVERS REQUIRED TO BE LICENSED AND, <--
7 FOR restrictions on use of handicapped parking areas and for <--
8 the penalty for unlawfully parking in a designated
9 handicapped parking area; and further providing for fines for
10 parking violations. AND FOR DRIVING UNDER INFLUENCE OF <--
11 ALCOHOL OR CONTROLLED SUBSTANCE; PROVIDING FOR PENNSYLVANIA
12 TURNPIKE EXTENSIONS AND IMPROVEMENTS; AND MAKING A REPEAL.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 3354(d)(3) and (f) of Title 75 of the <--
16 Pennsylvania Consolidated Statutes are IS amended and the <--
17 section is amended by adding a subsection to read:
18 SECTION 1. SECTION 102 OF TITLE 75 OF THE PENNSYLVANIA <--
19 CONSOLIDATED STATUTES IS AMENDED BY ADDING A DEFINITION TO READ:
1 § 102. DEFINITIONS.
2 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
3 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
4 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
5 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
6 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
7 * * *
8 "COMMERCIAL IMPLEMENT OF HUSBANDRY." A SELF-PROPELLED
9 VEHICLE USED TO APPLY NUTRIENTS, SOIL AMENDMENTS OR CHEMICALS
10 COMMERCIALLY FOR PRODUCTION AGRICULTURE AND ONLY OCCASIONALLY
11 OPERATED OR MOVED UPON HIGHWAYS.
12 * * *
13 SECTION 2. SECTION 1302(11) OF TITLE 75 IS SECTIONS 1106(C), <--
14 1117(A) AND 1302(11) OF TITLE 75 ARE AMENDED TO READ:
15 § 1106. CONTENT AND EFFECT OF CERTIFICATE OF TITLE. <--
16 * * *
17 (C) CERTIFICATE AS EVIDENCE AND NOTICE.--A CERTIFICATE OF
18 TITLE ISSUED BY THE DEPARTMENT IS PRIMA FACIE EVIDENCE OF THE
19 FACTS APPEARING ON THE CERTIFICATE. THE CERTIFICATE SHALL BE
20 ADEQUATE NOTICE TO THE COMMONWEALTH, CREDITORS, SUBSEQUENT
21 LIENHOLDERS AND PURCHASERS THAT A LIEN AGAINST THE VEHICLE
22 EXISTS. THE PRINTED NAME OF THE SECRETARY SHALL CONSTITUTE A
23 SIGNATURE ON THE CERTIFICATE.
24 § 1117. VEHICLE DESTROYED, DISMANTLED, SALVAGED OR RECYCLED.
25 (A) APPLICATION FOR CERTIFICATE OF SALVAGE.--ANY OWNER WHO
26 TRANSFERS A VEHICLE TO BE DESTROYED OR DISMANTLED, SALVAGED OR
27 RECYCLED SHALL ASSIGN THE CERTIFICATE OF TITLE TO THE PERSON TO
28 WHOM THE VEHICLE IS TRANSFERRED. [THE] EXCEPT AS PROVIDED IN
29 SUBSECTION (E), THE TRANSFEREE SHALL IMMEDIATELY PRESENT THE
30 ASSIGNED CERTIFICATE OF TITLE TO THE DEPARTMENT OR AN AUTHORIZED
19910H0355B3918 - 2 -
1 AGENT OF THE DEPARTMENT WITH AN APPLICATION FOR A CERTIFICATE OF
2 SALVAGE UPON A FORM FURNISHED AND PRESCRIBED BY THE DEPARTMENT.
3 AN INSURER, AS DEFINED IN SECTION 1702 (RELATING TO
4 DEFINITIONS), TO WHICH TITLE TO A VEHICLE IS ASSIGNED UPON
5 PAYMENT TO THE INSURED OF THE REPLACEMENT VALUE OF A VEHICLE,
6 SHALL BE REGARDED AS A TRANSFEREE UNDER THIS SUBSECTION. IF AN
7 OWNER RETAINS POSSESSION OF A VEHICLE WHICH IS DAMAGED TO THE
8 EXTENT THAT IT IS VALUELESS EXCEPT FOR SALVAGE, THE OWNER SHALL
9 APPLY FOR A CERTIFICATE OF SALVAGE IMMEDIATELY. IN THIS CASE, AN
10 INSURER SHALL NOT PAY VEHICLE REPLACEMENT VALUE UNTIL THE OWNER
11 PRODUCES EVIDENCE TO THE INSURER THAT THE CERTIFICATE OF SALVAGE
12 HAS BEEN ISSUED.
13 * * *
14 § 1302. VEHICLES EXEMPT FROM REGISTRATION.
15 THE FOLLOWING TYPES OF VEHICLES ARE EXEMPT FROM REGISTRATION:
16 * * *
17 (11) ANY TRAILER OR SEMITRAILER, INCLUDING BUT NOT
18 LIMITED TO NON-SELF-PROPELLED SPECIAL MOBILE EQUIPMENT, TO BE
19 USED PRIMARILY FOR OFF HIGHWAY USE AND ONLY OPERATED
20 INCIDENTALLY UPON THE HIGHWAY.
21 * * *
22 SECTION 1 3. SECTIONS 1501(A) AND 3354(D)(3) 1547(D) OF <--
23 TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED <--
24 TO READ:
25 § 1501. DRIVERS REQUIRED TO BE LICENSED.
26 (A) GENERAL RULE.--NO PERSON, EXCEPT THOSE EXPRESSLY
27 EXEMPTED, SHALL DRIVE ANY MOTOR VEHICLE UPON A HIGHWAY OR PUBLIC
28 PROPERTY IN THIS COMMONWEALTH UNLESS THE PERSON HAS A DRIVER'S
29 LICENSE VALID UNDER THE PROVISIONS OF THIS CHAPTER. AS USED IN
30 THIS SUBSECTION, THE TERM "PUBLIC PROPERTY" INCLUDES, BUT IS NOT
19910H0355B3918 - 3 -
1 LIMITED TO, DRIVEWAYS AND PARKING LOTS OWNED OR LEASED BY THE
2 COMMONWEALTH, A POLITICAL SUBDIVISION OR AN AGENCY OR
3 INSTRUMENTALITY OF EITHER.
4 * * *
5 § 1547. CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR <--
6 CONTROLLED SUBSTANCE.
7 * * *
8 (D) PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL
9 TESTING OF A PERSON'S BREATH, BLOOD OR URINE SHOWS:
10 (1) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
11 THE PERSON TESTED IS 0.05% OR LESS, IT SHALL BE PRESUMED THAT
12 THE PERSON TESTED WAS NOT UNDER INFLUENCE OF ALCOHOL AND THE
13 PERSON SHALL NOT BE CHARGED WITH ANY VIOLATION UNDER SECTION
14 3731(A)(1) [OR (4)], (4) OR (5) (RELATING TO DRIVING UNDER
15 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE), OR, IF THE
16 PERSON WAS SO CHARGED PRIOR TO THE TEST, THE CHARGE SHALL BE
17 VOID AB INITIO. THIS FACT SHALL NOT GIVE RISE TO ANY
18 PRESUMPTION CONCERNING A VIOLATION OF SECTION 3731(A)(2) OR
19 (3) OR (I).
20 (2) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
21 THE PERSON TESTED IS IN EXCESS OF 0.05% BUT LESS THAN 0.10%,
22 THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT THE
23 PERSON TESTED WAS OR WAS NOT UNDER THE INFLUENCE OF ALCOHOL,
24 BUT THIS FACT MAY BE CONSIDERED WITH OTHER COMPETENT EVIDENCE
25 IN DETERMINING WHETHER THE PERSON WAS OR WAS NOT UNDER THE
26 INFLUENCE OF ALCOHOL. THIS PROVISION SHALL NOT NEGATE THE
27 PROVISIONS OF SECTION 3731(I).
28 (3) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
29 THE PERSON TESTED IS 0.10% OR MORE, THIS FACT MAY BE
30 INTRODUCED INTO EVIDENCE IF THE PERSON IS CHARGED WITH
19910H0355B3918 - 4 -
1 VIOLATING SECTION 3731.
2 * * *
3 SECTION 4. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
4 § 1933. COMMERCIAL IMPLEMENTS OF HUSBANDRY.
5 THE ANNUAL FEE FOR REGISTRATION OF A COMMERCIAL IMPLEMENT OF
6 HUSBANDRY SHALL BE $51 OR ONE-HALF OF THE REGULAR FEE, WHICHEVER
7 IS GREATER.
8 SECTION 5. SECTION 2105(A) OF TITLE 75 IS AMENDED BY ADDING
9 A PARAGRAPH TO READ:
10 § 2105. EXEMPTIONS.
11 (A) GENERAL RULE.--THE REQUIREMENTS OF THIS CHAPTER AND
12 CHAPTER 96 (RELATING TO MOTOR CARRIERS ROAD TAX) DO NOT APPLY TO
13 THE FOLLOWING VEHICLES:
14 * * *
15 (10) A COMMERCIAL IMPLEMENT OF HUSBANDRY.
16 * * *
17 SECTION 6. SECTIONS 3354(D)(3), 3731(A), 4303(E), 4502(D),
18 4529(A), 4534, 4535(C) AND 4536 OF TITLE 75 ARE AMENDED TO READ:
19 § 3354. Additional parking regulations.
20 * * *
21 (d) Handicapped persons and disabled veterans.--
22 * * *
23 (3) (i) Except for persons parking vehicles lawfully
24 bearing a handicapped or severely disabled veteran
25 registration plate or displaying a handicapped or
26 severely disabled veteran parking placard when such
27 vehicles are being operated by or for the transportation
28 of a handicapped person or a severely disabled veteran,
29 no person shall park a vehicle on public or private
30 property reserved for a handicapped person or severely
19910H0355B3918 - 5 -
1 disabled veteran which property has been so posted in
2 accordance with departmental regulations[.] which shall
3 include a separate sign stating the penalty amount <--
4 outlined in subsection (f). The department shall, within
5 six months of the effective date of this amendatory act,
6 promulgate regulations relating to the content of the
7 signs, including, but not limited to, language relating
8 to section 2.1 of the act of September 1, 1965 (P.L.459,
9 No.235), entitled "An act requiring that certain
10 buildings and facilities adhere to certain principles,
11 standards and specifications to make the same accessible
12 to and usable by persons with physical handicaps, and
13 providing for enforcement," and the Federal Americans
14 with Disabilities Act of 1990. The regulation shall also
15 provide for the replacement of existing signage when the
16 existing signage is obsolete. REQUIRE A SIGN STATING THE <--
17 PENALTY AMOUNT INDICATED IN SUBSECTION (F), A SIGN
18 INDICATING THAT VEHICLES IN VIOLATION OF THE SUBSECTION
19 MAY BE TOWED AND REQUIRE THAT SIGNS BE REPLACED WHEN THEY
20 BECOME EITHER OBSOLETE OR MISSING WITH ALL COSTS TO
21 REPLACE THE NECESSARY SIGNS TO BE BORNE BY THE PERSONS
22 RESPONSIBLE FOR SIGNING THE PARTICULAR LOCATION. Any
23 vehicle which is unlawfully parked in a designated
24 handicapped parking area may be removed from that area by
25 towing and may be reclaimed by the vehicle owner upon
26 payment of the towing costs.
27 (ii) Local authorities shall have the power and may,
28 by ordinance or resolution, authorize handicapped persons
29 and severely disabled veterans to issue statements to
30 violators or violating vehicles for violation of
19910H0355B3918 - 6 -
1 subparagraph (i). The form of the statement shall be as
2 prescribed by the local authorities.
3 * * *
4 (f) Penalty.--Any person violating subsection (a), (b) or <--
5 (d)(1) is guilty of a summary offense and shall, upon
6 conviction, be sentenced to pay a fine of not more than $15. Any
7 person violating subsection (d)(2) or (3) or (e) is guilty of a
8 summary offense and shall, upon conviction, be sentenced to pay
9 a fine of not less than $50 nor more than [$200] $150.
10 (g) Special penalty; disposition.--
11 (1) In addition to any other penalty imposed under this
12 section, any person who is convicted of violating subsection
13 (d)(2) or (3) shall be sentenced to pay a fine of $50.
14 (2) All fines collected under this subsection shall be
15 disposed of as follows:
16 (i) Ninety-five percent shall be paid to the
17 Department of Revenue, transmitted to the Treasury
18 Department and credited to the Department of Public
19 Welfare for use for the Attendant Care Program.
20 (ii) Five percent shall be paid to the municipality
21 in which the offense occurred.
22 Section 2. This act shall take effect in 60 days. <--
23 § 3731. DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED <--
24 SUBSTANCE.
25 (A) OFFENSE DEFINED.--A PERSON SHALL NOT DRIVE, OPERATE OR
26 BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF ANY VEHICLE
27 [WHILE]:
28 (1) WHILE UNDER THE INFLUENCE OF ALCOHOL TO A DEGREE
29 WHICH RENDERS THE PERSON INCAPABLE OF SAFE DRIVING;
30 (2) WHILE UNDER THE INFLUENCE OF ANY CONTROLLED
19910H0355B3918 - 7 -
1 SUBSTANCE, AS DEFINED IN THE ACT OF APRIL 14, 1972 (P.L.233,
2 NO.64), KNOWN AS "THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
3 COSMETIC ACT," TO A DEGREE WHICH RENDERS THE PERSON INCAPABLE
4 OF SAFE DRIVING;
5 (3) WHILE UNDER THE COMBINED INFLUENCE OF ALCOHOL AND
6 ANY CONTROLLED SUBSTANCE TO A DEGREE WHICH RENDERS THE PERSON
7 INCAPABLE OF SAFE DRIVING; [OR]
8 (4) WHILE THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD
9 OF THE PERSON IS 0.10% OR GREATER[.]; OR
10 (5) IF THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
11 THE PERSON IS 0.10% OR GREATER AT THE TIME OF A CHEMICAL TEST
12 OF A SAMPLE OF THE PERSON'S BREATH, BLOOD OR URINE WHICH
13 SAMPLE IS:
14 (I) OBTAINED WITHIN THREE HOURS AFTER THE PERSON
15 DROVE, OPERATED OR WAS IN ACTUAL PHYSICAL CONTROL OF THE
16 VEHICLE; OR
17 (II) IF THE CIRCUMSTANCES OF THE INCIDENT PREVENT
18 TESTING WITHIN THREE HOURS, OBTAINED WITHIN A REASONABLE
19 ADDITIONAL TIME AFTER THE PERSON DROVE, OPERATED OR WAS
20 IN ACTUAL PHYSICAL CONTROL OF THE VEHICLE.
21 * * *
22 § 4303. GENERAL LIGHTING REQUIREMENTS.
23 * * *
24 (E) EQUIPMENT EXEMPTED BY REGULATION.--ANTIQUE MOTOR
25 VEHICLES, ANIMAL-DRAWN VEHICLES, IMPLEMENTS OF HUSBANDRY,
26 COMMERCIAL IMPLEMENTS OF HUSBANDRY AND SPECIAL MOBILE EQUIPMENT,
27 IF OPERATED EXCLUSIVELY BETWEEN THE HOURS OF SUNRISE AND SUNSET
28 AND NOT DURING PERIODS OF REDUCED VISIBILITY OR INSUFFICIENT
29 ILLUMINATION, MAY BE EXEMPTED FROM CERTAIN LIGHTING EQUIPMENT
30 REQUIREMENTS OF THIS PART BY REGULATIONS OF THE DEPARTMENT.
19910H0355B3918 - 8 -
1 § 4502. GENERAL REQUIREMENTS FOR BRAKING SYSTEMS.
2 * * *
3 (D) EXCEPTIONS.--THIS SECTION DOES NOT APPLY TO TOWED
4 INSTRUMENTS OF HUSBANDRY AND SUCH ITEMS OR TYPES OF SPECIAL
5 MOBILE EQUIPMENT OR COMMERCIAL IMPLEMENTS OF HUSBANDRY AS ARE
6 SPECIFICALLY EXEMPTED FROM COMPLIANCE BY REGULATIONS PROMULGATED
7 BY THE DEPARTMENT.
8 § 4529. SLOW MOVING VEHICLE EMBLEM.
9 (A) GENERAL RULE.--ALL IMPLEMENTS OF HUSBANDRY, COMMERCIAL
10 IMPLEMENTS OF HUSBANDRY AND SPECIAL MOBILE EQUIPMENT DESIGNED TO
11 OPERATE AT 25 MILES PER HOUR OR LESS AND ALL ANIMAL-DRAWN
12 VEHICLES SHALL, WHEN TRAVELING ON A HIGHWAY, DISPLAY ON THE REAR
13 OF THE VEHICLE A REFLECTIVE SLOW MOVING VEHICLE EMBLEM AS
14 SPECIFIED IN REGULATIONS OF THE DEPARTMENT. THE USE OF THE SLOW
15 MOVING VEHICLE EMBLEM SHALL BE IN ADDITION TO ANY OTHER LIGHTING
16 DEVICES OR EQUIPMENT REQUIRED BY THIS TITLE.
17 * * *
18 § 4534. REARVIEW MIRRORS.
19 NO PERSON SHALL OPERATE A MOTOR VEHICLE OR COMBINATION ON A
20 HIGHWAY UNLESS THE VEHICLE OR COMBINATION IS EQUIPPED WITH AT
21 LEAST ONE MIRROR, OR SIMILAR DEVICE, WHICH PROVIDES THE DRIVER
22 AN UNOBSTRUCTED VIEW OF THE HIGHWAY TO THE REAR OF THE VEHICLE
23 OR COMBINATION. THIS SECTION SHALL NOT APPLY TO ANY SPECIAL
24 MOBILE EQUIPMENT, COMMERCIAL IMPLEMENT OF HUSBANDRY OR IMPLEMENT
25 OF HUSBANDRY THAT IS NOT SO EQUIPPED BY THE ORIGINAL
26 MANUFACTURER.
27 § 4535. AUDIBLE WARNING DEVICES.
28 * * *
29 (C) EXCEPTIONS.--THIS SECTION SHALL NOT APPLY TO ANY SPECIAL
30 MOBILE EQUIPMENT, COMMERCIAL IMPLEMENT OF HUSBANDRY OR IMPLEMENT
19910H0355B3918 - 9 -
1 OF HUSBANDRY THAT IS NOT SO EQUIPPED BY THE ORIGINAL
2 MANUFACTURER.
3 § 4536. BUMPERS.
4 NO PERSON SHALL OPERATE ANY VEHICLE UPON A HIGHWAY WITHOUT
5 BUMPERS OF A TYPE SPECIFIED BY REGULATIONS OF THE DEPARTMENT IN
6 BOTH THE FRONT AND REAR UNLESS THE VEHICLE WAS ORIGINALLY
7 DESIGNED AND MANUFACTURED TO BE USED WITHOUT BUMPERS. THIS
8 SECTION SHALL NOT APPLY TO ANY SPECIAL MOBILE EQUIPMENT,
9 COMMERCIAL IMPLEMENT OF HUSBANDRY OR IMPLEMENT OF HUSBANDRY THAT
10 IS NOT SO EQUIPPED BY THE ORIGINAL MANUFACTURER.
11 SECTION 7. SECTION 4703(B) OF TITLE 75 IS AMENDED BY ADDING
12 A PARAGRAPH TO READ:
13 § 4703. OPERATION OF VEHICLE WITHOUT OFFICIAL CERTIFICATE OF
14 INSPECTION.
15 * * *
16 (B) EXCEPTIONS.--SUBSECTION (A) DOES NOT APPLY TO:
17 * * *
18 (11) COMMERCIAL IMPLEMENTS OF HUSBANDRY.
19 * * *
20 SECTION 8. SECTIONS 4704(G) AND 4905(E) OF TITLE 75 ARE
21 AMENDED TO READ:
22 § 4704. INSPECTION BY POLICE OR COMMONWEALTH PERSONNEL.
23 * * *
24 (G) LIMITATIONS.--FARM TRUCKS NOT REQUIRED TO BE REGISTERED,
25 IMPLEMENTS OF HUSBANDRY, COMMERCIAL IMPLEMENTS OF HUSBANDRY AND
26 SPECIAL MOBILE EQUIPMENT SHALL NOT BE SUBJECT TO THE SYSTEMATIC
27 VEHICLE INSPECTIONS AUTHORIZED UNDER SUBSECTION (A).
28 § 4905. SAFETY REQUIREMENTS FOR TOWED VEHICLES.
29 * * *
30 (E) OBSTRUCTED LIGHTING EQUIPMENT.--WHENEVER THE REAR
19910H0355B3918 - 10 -
1 RUNNING LIGHTS, STOP LIGHTS, TURN SIGNALS OR HAZARD WARNING
2 LIGHTS REQUIRED BY THE PROVISIONS OF CHAPTER 43 (RELATING TO
3 LIGHTING EQUIPMENT) ARE OBSTRUCTED BY THE LOAD ON A VEHICLE OR
4 BY A TOWED VEHICLE OR ITS LOAD, LIGHTING EQUIPMENT SHALL BE
5 DISPLAYED ON THE REAR OF THE TOWED VEHICLE OR LOAD EQUIVALENT TO
6 THE OBSTRUCTED LIGHTS OR SIGNALS, EXCEPT IN THE CASE OF
7 IMPLEMENTS OF HUSBANDRY OR COMMERCIAL IMPLEMENTS OF HUSBANDRY
8 DISPLAYING THE SLOW-MOVING VEHICLE EMBLEM AND OPERATING BETWEEN
9 SUNRISE AND SUNSET.
10 SECTION 9. SECTION 4921(B) OF TITLE 75 IS AMENDED BY ADDING
11 A PARAGRAPH TO READ:
12 § 4921. WIDTH OF VEHICLES.
13 * * *
14 (B) SPECIAL VEHICLES.--
15 * * *
16 (6) COMMERCIAL IMPLEMENTS OF HUSBANDRY NOT EXCEEDING 10
17 FEET 8 INCHES IN WIDTH MAY BE DRIVEN, HAULED OR TOWED BETWEEN
18 SUNRISE AND SUNSET ON HIGHWAYS OTHER THAN FREEWAYS.
19 * * *
20 SECTION 10. SECTIONS 4971 AND 7134(E), 7134(E) AND 7309(A) <--
21 OF TITLE 75 ARE AMENDED TO READ:
22 [§ 4971. PERMIT FOR OPERATION OF CHEMICAL AND FERTILIZER
23 VEHICLES.
24 A PERMIT MAY BE ISSUED FOR A PERIOD OF 45 CONSECUTIVE DAYS
25 AUTHORIZING THE OPERATION IN THE COMMONWEALTH OF ANY VEHICLE
26 REGISTERED IN ANOTHER STATE WHICH IS USED FOR THE TRANSPORTATION
27 AND APPLICATION OF CHEMICALS AND FERTILIZER.]
28 § 7134. ODOMETER DISCLOSURE REQUIREMENTS.
29 * * *
30 (E) EXEMPTIONS.--A TRANSFER OF ANY OF THE FOLLOWING TYPES OF
19910H0355B3918 - 11 -
1 MOTOR VEHICLES IS EXEMPT FROM THE REQUIREMENTS OF THIS SECTION:
2 (1) A MOTOR VEHICLE HAVING A REGISTERED GROSS WEIGHT OF
3 MORE THAN 16,000 POUNDS.
4 (2) A MOTOR VEHICLE [25] 10 YEARS OR OLDER.
5 (3) AN IMPLEMENT OF HUSBANDRY.
6 (4) SPECIAL MOBILE EQUIPMENT.
7 (5) A COMMERCIAL IMPLEMENT OF HUSBANDRY.
8 § 7309. SALVAGING OF VEHICLES VALUELESS EXCEPT FOR SALVAGE. <--
9 (A) APPLICATION FOR CERTIFICATE OF SALVAGE.--IF AN ABANDONED
10 VEHICLE IS VALUELESS EXCEPT FOR SALVAGE, THE SALVOR SHALL NOTE
11 THAT FACT IN THE REPORT TO THE DEPARTMENT REQUIRED IN SECTION
12 7304 (RELATING TO REPORTS TO DEPARTMENT OF POSSESSION OF
13 ABANDONED VEHICLES) AND SHALL APPLY FOR ISSUANCE OF A
14 CERTIFICATE OF [JUNK] SALVAGE AS PROVIDED FOR IN SECTION 1117
15 (RELATING TO VEHICLE DESTROYED, DISMANTLED, SALVAGED OR
16 RECYCLED).
17 * * *
18 SECTION 11. TITLE 75 IS AMENDED BY ADDING A CHAPTER TO READ:
19 CHAPTER 89
20 PENNSYLVANIA TURNPIKE
21 SUBCHAPTER
22 A. PRELIMINARY PROVISIONS
23 B. TURNPIKE EXTENSIONS AND IMPROVEMENTS
24 SUBCHAPTER A
25 PRELIMINARY PROVISIONS
26 SEC.
27 8901. DEFINITIONS.
28 § 8901. DEFINITIONS.
29 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
30 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
19910H0355B3918 - 12 -
1 CONTEXT CLEARLY INDICATES OTHERWISE:
2 "COMMISSION." THE PENNSYLVANIA TURNPIKE COMMISSION.
3 SUBCHAPTER B
4 TURNPIKE EXTENSIONS AND IMPROVEMENTS
5 SEC.
6 8911. IMPROVEMENT AND EXTENSION AUTHORIZATIONS.
7 8912. SUBSEQUENT EXTENSION AUTHORIZATIONS.
8 8913. ADDITIONAL SUBSEQUENT EXTENSION AUTHORIZATIONS.
9 8914. FURTHER SUBSEQUENT AUTHORIZATIONS.
10 8915. CONVERSION TO TOLL ROADS.
11 8916. TURNPIKE SYSTEM.
12 § 8911. IMPROVEMENT AND EXTENSION AUTHORIZATIONS.
13 IN ORDER TO FACILITATE VEHICULAR TRAFFIC WITHIN AND ACROSS
14 THIS COMMONWEALTH, THE COMMISSION IS HEREBY AUTHORIZED AND
15 EMPOWERED TO CONSTRUCT, OPERATE AND MAINTAIN TURNPIKE EXTENSIONS
16 AND TURNPIKE IMPROVEMENTS AT SUCH SPECIFIC LOCATIONS AND
17 ACCORDING TO SUCH SCHEDULE AS SHALL BE DEEMED FEASIBLE AND
18 APPROVED BY THE COMMISSION, TOGETHER WITH CONNECTING ROADS,
19 STORM WATER MANAGEMENT SYSTEMS, TUNNELS AND BRIDGES, SUBJECT TO
20 THE WAIVER OF THE FEDERAL TOLL PROHIBITION PROVISIONS WHERE
21 APPLICABLE, AS FOLLOWS:
22 (1) WIDEN TURNPIKE TO SIX LANES BETWEEN THE NORTHEAST
23 EXTENSION AND THE DELAWARE RIVER INTERCHANGE.
24 (2) CONSTRUCT TURNPIKE INTERCHANGE WITH INTERSTATE ROUTE
25 95 IN BUCKS COUNTY.
26 (3) CONSTRUCT TURNPIKE INTERCHANGE WITH INTERSTATE ROUTE
27 476 IN MONTGOMERY COUNTY.
28 (4) CONSTRUCT TURNPIKE INTERCHANGE WITH KEYSER AVENUE IN
29 LACKAWANNA COUNTY.
30 (5) CONSTRUCT EXTENSIONS TO THE EXISTING TURNPIKE FROM A
19910H0355B3918 - 13 -
1 POINT WESTERLY OF EXISTING INTERCHANGE 2 EXTENDING NORTHERLY
2 TO A CONNECTION WITH THE EXISTING INTERCHANGE BETWEEN U.S.
3 ROUTE 422 AND PROPOSED STATE ROUTE 60 IN LAWRENCE COUNTY AND
4 EXTENDING SOUTHERLY TO A CONNECTION WITH EXISTING STATE ROUTE
5 60 IN BEAVER COUNTY AT OR NEAR STATE ROUTE 51.
6 (6) CONSTRUCT AN EXTENSION TO THE TURNPIKE FROM A POINT
7 AT OR NEAR INTERCHANGE 8 IN WESTMORELAND COUNTY EXTENDING
8 NORTHERLY TO AN INTERCHANGE WITH STATE ROUTE 66 NORTHWEST OF
9 GREENSBURG AND CONTINUING NORTHERLY TO AN INTERCHANGE WITH
10 U.S. ROUTE 22 SOUTH OF DELMONT.
11 (7) CONSTRUCT AN ADDITIONAL LEHIGH TUNNEL ON THE
12 NORTHEAST EXTENSION OF THE TURNPIKE.
13 (8) CONSTRUCT A PRIVATE TURNPIKE INTERCHANGE DIRECTLY
14 CONNECTED TO THE NEW CUMBERLAND ARMY DEPOT. THE COMMISSION
15 MAY COMMENCE CONSTRUCTION OF THE PRIVATE TURNPIKE INTERCHANGE
16 NOTWITHSTANDING THE CONSTRUCTION SCHEDULE ESTABLISHED BY THIS
17 SECTION.
18 (9) CONSTRUCT AN INTERCHANGE ON THE NORTHEAST EXTENSION
19 WITH STATE ROUTE 903 IN CARBON COUNTY. THE COMMISSION MAY
20 COMMENCE CONSTRUCTION OF THIS INTERCHANGE NOTWITHSTANDING THE
21 CONSTRUCTION SCHEDULE ESTABLISHED BY THIS SECTION.
22 § 8912. SUBSEQUENT EXTENSION AUTHORIZATIONS.
23 THE COMMISSION IS ALSO HEREBY AUTHORIZED AND EMPOWERED TO
24 CONSTRUCT, OPERATE AND MAINTAIN FURTHER EXTENSIONS AND
25 IMPROVEMENTS OF THE TURNPIKE AT SUCH SPECIFIC LOCATIONS AND
26 ACCORDING TO SUCH SCHEDULES AS SHALL BE DEEMED FEASIBLE AND
27 WHICH SHALL BE APPROVED BY THE COMMISSION, SUBJECT TO THE WAIVER
28 OF THE FEDERAL TOLL PROHIBITION PROVISIONS WHERE APPLICABLE, AS
29 FOLLOWS:
30 (1) FROM AN INTERCHANGE WITH INTERSTATE ROUTE 70 BETWEEN
19910H0355B3918 - 14 -
1 EXISTING INTERCHANGES AT LOVER AND SPEERS EXTENDING NORTHERLY
2 TO AN INTERCHANGE WITH INTERSTATE ROUTE 376 IN PITTSBURGH
3 EXTENDING NORTHWESTERLY ALONG THE WASHINGTON/ALLEGHENY LINE <--
4 TOWARD THE MIDFIELD TERMINAL, GREATER PITTSBURGH AIRPORT,
5 SOUTHERN BELTWAY, EXTENSION OF THE FINDLAY CONNECTOR ALONG
6 INTERSTATE 79, AND ALSO EXTENDING SOUTHERLY CONNECTING WITH
7 THE EXISTING INTERCHANGE BETWEEN U.S. ROUTE 40 AND THE MON
8 VALLEY EXPRESSWAY (L.R.1125).
9 (2) FROM A POINT AT OR NEAR THE EXISTING INTERCHANGE
10 BETWEEN U.S. ROUTE 40 AND THE MON VALLEY EXPRESSWAY
11 (L.R.1125) IN FAYETTE COUNTY SOUTHEASTERLY ALONG U.S. ROUTE
12 40 TO UNIONTOWN AND CONTINUING SOUTHERLY ALONG PA. ROUTE 857
13 TO THE WEST VIRGINIA BORDER.
14 (3) FROM AN INTERCHANGE WITH THE TURNPIKE AT OR NEAR
15 INTERCHANGE 10 EXTENDING NORTHERLY GENERALLY FOLLOWING AND
16 COINCIDENT WHERE FEASIBLE WITH EXISTING U.S. ROUTE 219 TO AN
17 INTERCHANGE WITH INTERSTATE ROUTE 80 AT OR NEAR INTERCHANGE
18 16.
19 (4) CONSTRUCTION OF AN INTERCHANGE FOR ACCESS TO THE
20 INTERNATIONAL DISTRIBUTION CENTER AT THE WILKES-BARRE-
21 SCRANTON INTERNATIONAL AIRPORT IN LUZERNE COUNTY ON THE
22 NORTHEAST EXTENSION OF THE PENNSYLVANIA TURNPIKE SYSTEM.
23 (5) FROM A POINT AT OR NEAR TURNPIKE INTERCHANGE 10
24 SOUTHERLY GENERALLY ALONG U.S. ROUTE 219 TO THE MARYLAND
25 BORDER.
26 § 8913. ADDITIONAL SUBSEQUENT EXTENSION AUTHORIZATIONS.
27 UPON SUBSTANTIAL COMPLETION OF THE TURNPIKE EXTENSIONS AND
28 IMPROVEMENTS SET FORTH IN SECTIONS 8911 (RELATING TO IMPROVEMENT
29 AND EXTENSION AUTHORIZATIONS) AND 8912 (RELATING TO SUBSEQUENT
30 EXTENSION AUTHORIZATIONS), THE COMMISSION IS HEREBY AUTHORIZED
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1 AND EMPOWERED TO CONSTRUCT, OPERATE AND MAINTAIN FURTHER
2 EXTENSIONS AND IMPROVEMENTS OF THE TURNPIKE AT SUCH SPECIFIC
3 LOCATIONS AND ACCORDING TO SUCH SCHEDULES AS SHALL BE DEEMED
4 FEASIBLE AND WHICH SHALL BE APPROVED BY THE COMMISSION, SUBJECT
5 TO THE WAIVER OF THE FEDERAL TOLL PROHIBITION PROVISIONS WHERE
6 APPLICABLE, AS FOLLOWS:
7 (1) FROM A POINT AT OR NEAR INTERSTATE ROUTE 80
8 INTERCHANGE 16 NORTHERLY GENERALLY ALONG U.S. ROUTE 219 TO A
9 CONNECTION WITH THE EXISTING U.S. ROUTE 219 EXPRESSWAY SOUTH
10 OF BRADFORD IN MCKEAN COUNTY.
11 (2) CONSTRUCT FROM A POINT AT OR NEAR INTERSTATE ROUTE
12 80 INTERCHANGE 23 AT MILESBURG SOUTHWESTERLY GENERALLY ALONG
13 U.S. ROUTE 220 TO A CONNECTION WITH THE EXISTING U.S. ROUTE
14 220 EXPRESSWAY SOUTH OF BALD EAGLE.
15 § 8914. FURTHER SUBSEQUENT AUTHORIZATIONS.
16 UPON COMPLETION OF THE TURNPIKE EXTENSIONS AND IMPROVEMENTS
17 SET FORTH IN SECTIONS 8911 (RELATING TO IMPROVEMENT AND
18 EXTENSION AUTHORIZATIONS), 8912 (RELATING TO SUBSEQUENT
19 EXTENSION AUTHORIZATIONS) AND 8913 (RELATING TO ADDITIONAL
20 SUBSEQUENT EXTENSION AUTHORIZATIONS), THE COMMISSION IS HEREBY
21 AUTHORIZED AND EMPOWERED TO CONSTRUCT, OPERATE AND MAINTAIN
22 FURTHER EXTENSIONS AND IMPROVEMENTS OF THE TURNPIKE AT SUCH
23 SPECIFIC LOCATIONS AND ACCORDING TO SUCH SCHEDULES AS SHALL BE
24 DEEMED FEASIBLE AND WHICH SHALL BE APPROVED BY THE COMMISSION,
25 SUBJECT TO THE WAIVER OF THE FEDERAL TOLL PROHIBITION PROVISIONS
26 WHERE APPLICABLE, AS FOLLOWS:
27 (1) FROM A POINT AT OR NEAR THE INTERSECTION OF STATE
28 ROUTE 65 AND CROWS RUN ROAD IN BEAVER COUNTY, IN A
29 SOUTHEASTERLY DIRECTION TO A POINT AT OR NEAR THE PERRY
30 HIGHWAY INTERCHANGE OF THE PENNSYLVANIA TURNPIKE.
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1 (2) FROM A POINT AT OR NEAR EXIT 5 OF THE TURNPIKE
2 NORTHERLY TO BROOKVILLE, JEFFERSON COUNTY, TO A POINT AT THE
3 INTERSECTION WITH INTERSTATE ROUTE 80.
4 (3) FROM A POINT AT OR NEAR THE PENNSYLVANIA TURNPIKE
5 SYSTEM INTO VARIOUS AREAS OF BERKS COUNTY IN ORDER TO
6 COMPLETE THE CONSTRUCTION OF THE INNER LOOP SYSTEM AND OUTER
7 LOOP SYSTEM OF HIGHWAYS SURROUNDING THE CITY OF READING AND
8 TO COMPLETE THE MISSING LINKS ON ROUTES 222 TO 422 TO 1035.
9 (4) FROM A POINT AT OR NEAR THE INTERSECTIONS OF
10 INTERSTATE ROUTE 70, INTERSTATE ROUTE 76 AND T.R.119 IN THE
11 BOROUGH OF YOUNGWOOD, WESTMORELAND COUNTY, IN A NORTHERLY
12 DIRECTION ALONG T.R.119 AND T.R.66 TO THE INTERSECTION OF
13 T.R.22 WITH A BYPASS AROUND THE CITY OF GREENSBURG,
14 WESTMORELAND COUNTY; THENCE NORTH ON T.R.66 TO T.R.356;
15 THENCE NORTH ON T.R.356 TO THE INTERSECTION WITH T.R.28.
16 (5) FROM A POINT AT OR NEAR THE INTERSECTION OF T.R.66
17 AND T.R.22 IN SALEM TOWNSHIP, WESTMORELAND COUNTY; THENCE IN
18 A WESTERLY DIRECTION PARALLELING T.R.22 TO EXIT 6 OF
19 INTERSTATE 76.
20 § 8915. CONVERSION TO TOLL ROADS.
21 IN ORDER TO FACILITATE VEHICULAR TRAFFIC WITHIN AND ACROSS
22 THIS COMMONWEALTH, AND AFTER COMPLETION OF THE TURNPIKE
23 EXTENSIONS AND IMPROVEMENTS AUTHORIZED IN SECTION 8911 (RELATING
24 TO IMPROVEMENT AND EXTENSION AUTHORIZATIONS), AND SUBJECT TO
25 PRIOR LEGISLATIVE APPROVAL BY THE GENERAL ASSEMBLY AND THE
26 UNITED STATES CONGRESS, THE COMMISSION IS HEREBY AUTHORIZED AND
27 EMPOWERED TO CONVERT TO TOLL ROADS SUCH PORTIONS OF
28 PENNSYLVANIA'S INTERSTATE HIGHWAY SYSTEM AS MAY BE REQUIRED IN
29 ORDER TO FACILITATE THE COMPLETION OF THE TURNPIKE EXTENSIONS
30 AND IMPROVEMENTS AUTHORIZED IN SECTIONS 8912 (RELATING TO
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1 SUBSEQUENT EXTENSION AUTHORIZATIONS), 8913 (RELATING TO
2 ADDITIONAL SUBSEQUENT EXTENSION AUTHORIZATIONS) AND 8914
3 (RELATING TO FURTHER SUBSEQUENT AUTHORIZATIONS) AND TO OPERATE
4 AND MAINTAIN SUCH CONVERTED INTERSTATES AS TOLL ROADS UPON THE
5 APPROVAL BY THE CONGRESS OF THE UNITED STATES OF AMERICA AND THE
6 GENERAL ASSEMBLY OF THIS COMMONWEALTH OF LEGISLATION EXPRESSLY
7 PERMITTING THE CONVERSION OF SUCH INTERSTATES TO TOLL ROADS.
8 SUCH CONVERSIONS SHALL TAKE PLACE AT A TIME AND MANNER SET FORTH
9 IN THE PLAN FOR THE CONVERSION PREPARED BY THE DEPARTMENT. THE
10 PROVISIONS AUTHORIZING THE COMMISSION TO CONSTRUCT, OPERATE AND
11 MAINTAIN THE TURNPIKE ROUTES IN SECTIONS 8911, 8912 AND 8913
12 SHALL BE SUBJECT TO:
13 (1) THE PRIOR PASSAGE BY THE CONGRESS OF THE UNITED
14 STATES AND THE GENERAL ASSEMBLY OF THIS COMMONWEALTH OF
15 LEGISLATION PERMITTING THE CONVERSION OF CERTAIN INTERSTATES
16 TO TOLL ROADS; OR
17 (2) THE AVAILABILITY OF SUCH OTHER FUNDS AS MIGHT BECOME
18 AVAILABLE IN AMOUNTS THAT WOULD BE SUFFICIENT TO FUND TO
19 COMPLETION ANY OF THE INDIVIDUAL TURNPIKE EXTENSIONS AND
20 IMPROVEMENTS SET FORTH IN SECTIONS 8912, 8913 AND 8914 SO
21 LONG AS NO TURNPIKE EXTENSION OR IMPROVEMENT AUTHORIZED BY
22 SECTION 8914 IS UNDERTAKEN UNTIL AFTER ALL THE TURNPIKE
23 EXTENSIONS AUTHORIZED BY SECTION 8913 ARE COMPLETED AND NO
24 TURNPIKE EXTENSION AUTHORIZED BY SECTION 8913 IS UNDERTAKEN
25 UNTIL AFTER ALL THE TURNPIKE EXTENSIONS AND IMPROVEMENTS
26 AUTHORIZED BY SECTION 8912 ARE COMPLETED. THE COMMISSION IS
27 AUTHORIZED TO USE FEDERAL FUNDS WHICH MAY BE AVAILABLE FOR
28 TOLL ROADS ONLY PURSUANT TO THE APPROVAL OF THE SECRETARY OF
29 TRANSPORTATION AND ONLY PURSUANT TO THE AUTHORITY GRANTED IN
30 SECTION 19 OF THE ACT OF SEPTEMBER 30, 1985 (P.L.240, NO.61),
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1 KNOWN AS THE TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD
2 CONVERSION ACT.
3 § 8916. TURNPIKE SYSTEM.
4 THE TURNPIKES AND THE FUTURE TOLL ROAD CONVERSIONS AUTHORIZED
5 BY THIS CHAPTER ARE HEREBY OR SHALL BE MADE PART OF THE
6 PENNSYLVANIA TURNPIKE SYSTEM, AS PROVIDED IN THE ACT OF AUGUST
7 14, 1951 (P.L.1232, NO.282), REFERRED TO AS THE PENNSYLVANIA
8 TURNPIKE SYSTEM FINANCING ACT.
9 SECTION 12. THE PROVISIONS OF 74 PA.C.S. CH. 81 ARE REPEALED.
10 SECTION 13. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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