PRINTER'S NO. 1936
No. 1576 Session of 1997
INTRODUCED BY MARSICO, LYNCH, ZUG, D. W. SNYDER, CLARK, TULLI,
BATTISTO, YOUNGBLOOD, E. Z. TAYLOR, RAMOS, PRESTON AND
STEELMAN, JUNE 4, 1997
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 4, 1997
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for fraudulent duty log books; further
3 providing for penalties; and increasing certain penalties for
4 offenses which result in vehicles being placed out of
5 service.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 4107(b) and (d) and 4704(c) of Title 75
9 of the Pennsylvania Consolidated Statutes are amended to read:
10 § 4107. Unlawful activities.
11 * * *
12 (b) Other violations.--It is unlawful for any person to do
13 any of the following:
14 (1) Willfully or intentionally remove (other than for
15 purposes of repair and replacement) or render inoperative, in
16 whole or in part, any item of vehicle equipment which was
17 required to be installed at the time of manufacture or
18 thereafter upon any vehicle, by any law, rule, regulation or
19 requirement of any officer or agency of the United States or
1 of the Commonwealth, if it is intended that the vehicle be
2 operated upon the highways of this Commonwealth unless the
3 removal or alteration is specifically permitted by this title
4 or by regulations promulgated by the department.
5 (2) Operate, or cause or permit another person to
6 operate, on any highway in this Commonwealth any vehicle or
7 combination which is not equipped as required under this part
8 or under department regulations or which is otherwise in an
9 unsafe condition or in violation of department regulations.
10 (2.1) (i) Keep or maintain any fraudulent duty log,
11 consisting of, but not limited to, false or misleading
12 entries, forged entries or multiple logs.
13 (ii) As used in this paragraph, "duty log" means a
14 driver's record of duty status for each 24-hour period in
15 accordance with 49 C.F.R. § 395.8 (relating to driver's
16 record of duty status).
17 (3) Do any act forbidden by this part or fail to perform
18 any act required under this part.
19 * * *
20 (d) Penalty.--
21 (1) A person who operates a motor carrier vehicle or a
22 bus in violation of subsection (b)(2) commits a summary
23 offense and, upon conviction, shall be sentenced to pay a
24 fine of $25 per violation, except that the fine for a
25 violation which causes the vehicle to be placed out of
26 service under section 4704(c) (relating to inspection by
27 police or Commonwealth personnel) shall be [$50] $100 per
28 violation. The maximum fine which may be levied on the basis
29 of multiple charges filed together shall be $500.
30 (2) A person who causes or permits another person to
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1 operate a motor carrier vehicle or a bus in violation of
2 subsection (b)(2) commits a summary offense and, upon
3 conviction, shall be sentenced to pay a fine of $50 per
4 violation, except that the minimum fine for a violation which
5 causes the vehicle to be placed out of service under section
6 4704(c) shall be [$100] $200 per violation. The maximum fine
7 which may be levied on the basis of multiple charges filed
8 together shall be $1,000.
9 (3) (i) Any operator of a vehicle who violates
10 subsection (b)(2.1) commits a summary offense and shall,
11 upon conviction, be sentenced to pay a fine of $1,000 per
12 violation.
13 (ii) Any owner of a vehicle who violates subsection
14 (b)(2.1) commits a summary offense and shall, upon
15 conviction, be sentenced to pay a fine of $1,500 per
16 violation.
17 § 4704. Inspection by police or Commonwealth personnel.
18 * * *
19 (c) Operation prohibited if hazardous.--
20 (1) In the event a vehicle or a mass transit vehicle, or
21 its equipment, load or driver, in the reasonable judgment of
22 the officer or qualified Commonwealth employee, is in such
23 condition that further operation would be hazardous, the
24 officer or qualified Commonwealth employee may require that
25 the vehicle or the mass transit vehicle not be operated under
26 its own power or that the driver discontinue driving, or
27 both, and may so stipulate in the notice given under
28 subsection (b). In the case of motor carrier vehicles or
29 their drivers, all such determinations shall be based on out-
30 of-service criteria established in department regulations.
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1 (2) In the event a commercial vehicle or mass transit
2 vehicle is involved in an accident that causes the death of
3 the vehicle operator or another person, the vehicle and the
4 operator of that vehicle shall be placed under a minimum 24-
5 hour out-of-service order.
6 * * *
7 Section 2. This act shall take effect in 60 days.
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