SENATE AMENDED
        PRIOR PRINTER'S NOS. 539, 792, 981,           PRINTER'S NO. 1796
        1740

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 511 Session of 1995


        INTRODUCED BY REBER, GEIST, MANDERINO, LEH, PETTIT, DeLUCA,
           GODSHALL, TIGUE, BROWN, GORDNER, JAROLIN, HENNESSEY,
           E. Z. TAYLOR, MICOZZIE, FARMER, MAYERNIK, HUTCHINSON, BUNT,
           RAYMOND, BELFANTI, JADLOWIEC, TRELLO, SERAFINI, YOUNGBLOOD,
           THOMAS, SAYLOR, MILLER, SURRA, CAWLEY, HESS, STABACK, STERN,
           WOZNIAK, McGEEHAN, CLARK, GEORGE, SATHER, DENT, J. TAYLOR,
           STISH, CALTAGIRONE, LAUGHLIN, BATTISTO, RUBLEY, MELIO,
           M. N. WRIGHT, HERSHEY, CARN, WOGAN, STEELMAN, ROONEY, NICKOL,
           CIVERA, ITKIN, HALUSKA, CURRY, BARD AND STRITTMATTER,
           FEBRUARY 1, 1995

        SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, MAY 2, 1995

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for the registration, fees and
     3     inspection of farm vehicles and for surrender of license.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1302(10) of Title 75 of the Pennsylvania
     7  Consolidated Statutes, amended December 7, 1994 (P.L.820,
     8  No.115), is amended to read:
     9  § 1302.  Vehicles exempt from registration.
    10     The following types of vehicles are exempt from registration:
    11         * * *
    12         (10)  Any farm vehicle used exclusively upon a farm or
    13     farms owned or operated by the owner of the vehicle.

     1             (i)  Type I--Such a farm vehicle which does not
     2         qualify as a motor carrier vehicle may be driven upon
     3         highways only from sunrise to sunset. However, a farm
     4         vehicle which qualifies as a motor carrier vehicle and
     5         displays a currently valid certificate of inspection may
     6         be driven upon highways without any restriction as to
     7         time.
     8             [(ii)  Such] Such a farm vehicle may only be driven
     9         on highways between:
    10                 (A)  Parts of one such farm.
    11                 (B)  Such farms located not more than 25 miles
    12             apart.
    13                 (C)  Such farm or farms and a place of business
    14             located within a radius of 25 miles from such farm or
    15             farms for the purpose of buying or selling
    16             agricultural commodities or supplies.
    17                 (D)  Such farm or farms and a place of business
    18             located within a radius of 50 miles from such farm or
    19             farms for the purpose of repair or servicing of the
    20             farm vehicle.
    21             (ii)  Type II--Such a farm vehicle which does qualify
    22         as a motor carrier vehicle and which does not display a
    23         currently valid certificate of inspection may be driven
    24         upon highways only from sunrise to sunset and between:
    25                 (A)  Parts of one such farm.
    26                 (B)  Such farms located not more than ten miles
    27             apart.
    28                 (C)  Such farm or farms and a place of business
    29             located within a radius of ten miles from such farm
    30             or farms for the purpose of buying or selling
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     1             agricultural commodities or supplies.
     2                 (D)  Such farm or farms and a place of business
     3             located within a radius of 25 miles from such farm or
     4             farms for the purpose of repair or servicing of the
     5             farm vehicle.
     6             (iii)  A biennial certificate of exemption shall be
     7         required for such a farm vehicle.
     8             (iv)  The owner of the farm vehicle shall maintain
     9         such minimum levels of liability insurance coverage on
    10         the vehicle as are required to be maintained under
    11         Chapter 17 (relating to financial responsibility) by
    12         owners of registered motor vehicles. The owner shall
    13         satisfy the requirements of this subparagraph if the
    14         minimum amounts of liability insurance coverage for the
    15         farm vehicle have been provided under farm liability
    16         insurance coverage maintained generally by the owner.
    17         Coverage prescribed in Subchapter B of Chapter 17 shall
    18         not be required to be maintained or provided for the farm
    19         vehicle.
    20         * * *
    21     Section 2.  Section 1540(b) of Title 75 is amended to read:
    22  § 1540.  Surrender of license.
    23     * * *
    24     (b)  Suspension, revocation or disqualification of operating
    25  privilege.--
    26         (1)  Upon the suspension or revocation of the operating
    27     privilege or the disqualification of the commercial operating
    28     privilege of any person by the department, the department
    29     shall forthwith notify the person in writing at the address
    30     of record to surrender his driver's license to the department
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     1     for the term of suspension, revocation or disqualification.
     2         (2)  The department shall include with the written notice
     3     of suspension, revocation or disqualification a form for
     4     acknowledging the suspension, revocation or disqualification,
     5     which form shall be filed with the department if the person
     6     has no license to surrender.
     7         (3)  The suspension, revocation or disqualification shall
     8     be effective upon the earlier of:
     9             (i)  a date determined by the department; or
    10             (ii)  the date of [surrender] filing or mailing of
    11         the license or acknowledgment to the department, if that
    12         date is subsequent to the department's notice to
    13         surrender the license[, whichever occurs first].
    14         (4)  Upon surrender of the license or acknowledgment, the
    15     department shall issue a receipt showing the date that it
    16     received the license or acknowledgment.
    17     * * *
    18     SECTION 3.  TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:   <--
    19  § 1799.8.  PROPERTY VALUATION SERVICES.
    20     NO STATUTE OR REGULATION SPECIFYING A NAMED VENDOR TO PROVIDE
    21  PROPERTY VALUATION SERVICES SHALL BE VALID. THE RIGHTFUL USE OF
    22  ANY RECOGNIZED AND DOCUMENTED SOURCE THAT PRODUCES PENNSYLVANIA
    23  LOCAL MARKET VALUES SHALL NOT BE LIMITED OR ABRIDGED AND SHALL
    24  BE PERMITTED UNLESS FOR GOOD CAUSE SHOWN, PURSUANT TO NOTICE AND
    25  HEARING, THE INSURANCE COMMISSIONER SHALL FIND SUCH SOURCE NOT
    26  TO BE VERIFIABLE AND ACTING IN THE BEST INTERESTS OF THIS
    27  COMMONWEALTH.
    28     Section 3 4.  Sections 1924, 4702(a) and 4703(a) of Title 75,  <--
    29  amended December 7, 1994 (P.L.820, No.115), are amended to read:
    30  § 1924.  Farm vehicles.
    19950H0511B1796                  - 4 -

     1     (a)  General rule.--The annual fee for registration of a farm
     2  vehicle shall be $51 or one-third of the regular fee, whichever
     3  is greater.
     4     (b)  Certificate of exemption.--The biennial processing fee
     5  for a certificate of exemption issued in lieu of registration of
     6  a farm vehicle [with a gross weight or gross vehicle weight
     7  rating of 17,000 pounds or less shall be $24.
     8     (c)  Certificate of exemption for farm vehicle qualifying as
     9  a motor carrier vehicle.--The biennial processing fee for a
    10  certificate of exemption issued in lieu of registration of a
    11  farm vehicle with a gross weight or gross vehicle weight rating
    12  greater than 17,000 pounds shall be $100.] shall be determined
    13  by the type of certificate issued and the gross weight or
    14  combination weight or weight rating according to the following
    15  table:
    16  Certificate type           Weight in pounds            Fee
    17      Type I                 17,000 or less              $24
    18      Type II                greater than 17,000          50
    19      Type I                 greater than 17,000         100
    20  § 4702.  Requirement for periodic inspection of vehicles.
    21     (a)  Annual safety inspection.--Except as provided in
    22  subsection (b), the department shall establish a system of
    23  annual safety inspection of vehicles, including emergency
    24  vehicles, farm vehicles with a gross weight or gross vehicle
    25  weight rating of greater than 17,000 pounds for which a Type I
    26  biennial certificate of exemption has been issued and private
    27  noncommercial vehicles used to transport students.
    28     * * *
    29  § 4703.  Operation of vehicle without official certificate of
    30             inspection.
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     1     (a)  General rule.--Except as otherwise provided in this
     2  section, no motor vehicle required to bear current registration
     3  plates issued by this Commonwealth and no farm vehicle with a
     4  gross weight or gross vehicle weight rating of greater than
     5  17,000 pounds for which a Type I biennial certificate of
     6  exemption has been issued shall be driven and no trailer
     7  required to bear current registration plates issued by this
     8  Commonwealth shall be moved on a highway and no mass transit
     9  vehicle shall be operated unless the vehicle displays a
    10  currently valid certificate of inspection issued under this
    11  chapter.
    12     * * *
    13     Section 4 5.  The Department of Transportation may establish   <--
    14  the EQUIPMENT STANDARDS AND inspection criteria required for      <--
    15  applicable farm vehicles with a gross weight or gross vehicle
    16  weight rating of greater than 17,000 pounds for which a Type I
    17  biennial certificate of exemption has been issued by publishing
    18  a notice in the Pennsylvania Bulletin until the regulations
    19  governing these EQUIPMENT STANDARDS AND inspection criteria are   <--
    20  promulgated by the Department of Transportation.
    21     Section 5 6.  This act shall take effect as follows:           <--
    22         (1)  The amendment of 75 Pa.C.S. §§ 1302, 1924, 4702(a)
    23     and 4703(a) shall take effect immediately.
    24         (2)  Section 4 5 and this section shall take effect        <--
    25     immediately.
    26         (3)  The remainder of this act shall take effect in 60
    27     days.


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