SENATE AMENDED
PRIOR PRINTER'S NOS. 2937, 3636, 4709 PRINTER'S NO. 4822
No. 2133 Session of 2005
INTRODUCED BY FAIRCHILD, OCTOBER 25, 2005
SENATOR WENGER, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, OCTOBER 17, 2006
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for special registration plates,
3 for identification card, for unattended children in motor <--
4 vehicles, for periods for requiring lighted lamps, for
5 authority to use flashing or revolving blue lights, and for <--
6 restrictions on highway and bridge use. FOR PERMIT FOR <--
7 MOVEMENT DURING COURSE OF MANUFACTURE AND FOR PERMITS FOR
8 MOVEMENT OF CERTAIN FEED AND GRAIN.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Sections 1341, 1510(b), 3701.1(b), 4302(a), <--
12 4572(a) and 4902(g)(2) of Title 75 of the Pennsylvania
13 Consolidated Statutes are amended to read:
14 SECTION 1. SECTIONS 1341, 1510(B), 4302(A), 4572(A), 4968 <--
15 AND 4976 OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES
16 ARE AMENDED TO READ:
17 § 1341. Special registration plates generally.
18 Upon request by the applicant, the department may issue
19 registration plates consisting of any combination of numbers,
20 letters or numbers and letters. These special plates may be
1 issued for special groups or for special purposes and bear an
2 appropriate designation. Special groups may charge a fee for
3 authorization to request a registration plate bearing the name
4 of the group. They shall have the same force and effect as
5 regular registration plates. The department may refuse any
6 combination of letters and numbers for cause and shall adopt
7 reasonable rules and regulations for the issuance of the plates
8 and for carrying out the provisions of this section. The
9 applicant shall comply with all laws and regulations pertaining
10 to registration including the payment of any additional fees.
11 The department is authorized to reissue a combination of numbers
12 or letters for a personal plate if the department records reveal
13 that no activity, such as renewal or transfer of the personal
14 registration plate, has occurred for a period of five or more
15 consecutive years and provided that the personal registration
16 plate was never reported as lost or stolen. Whenever the
17 department reissues an inactive personal plate, the department
18 may purge its records of all references to the previous owners
19 of that personal plate. The department shall, however, note upon
20 its records the reissuance of the personal plate and to whom the
21 plate was issued. If the vehicle is licensed to a business that
22 is not a member of the special group, the department shall issue
23 the plate as long as the business owner or officer making
24 application is a member of that group.
25 § 1510. Issuance and content of driver's license.
26 * * *
27 (b) Identification card.--The department shall, upon payment
28 of the required fee, issue an identification card to any person
29 11 TEN years of age or older who has made application therefor <--
30 in such manner as the department shall prescribe or whose
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1 driver's license has been surrendered to the department because
2 of a suspension or revocation of an operating privilege under
3 this or any other title. Program participants in the Address
4 Confidentiality Program under 23 Pa.C.S. Ch. 67 may use a
5 substitute address designated by the Office of Victim Advocate
6 as their address. The identification card shall have
7 substantially the same content as a driver's license but shall
8 clearly indicate that it is not a driver's license. Upon failure
9 of any person to pass any examination required under section
10 1514 (relating to expiration and renewal of drivers' licenses),
11 the department shall, where appropriate, issue a complimentary
12 identification card as an expression of gratitude for years of
13 safe driving. The card shall only be issued upon receipt of the
14 person's driver's license.
15 * * *
16 § 3701.1. Leaving an unattended child in a motor vehicle. <--
17 * * *
18 (b) Penalty.--A person who violates this section commits a
19 summary offense. It is a separate offense for each child left
20 unattended.
21 § 4302. Periods for requiring lighted lamps.
22 (a) General rule.--The operator of a vehicle upon a highway
23 shall display the lighted head lamps and other lamps and
24 illuminating devices required under this chapter for different
25 classes of vehicles, subject to exceptions with respect to
26 parked vehicles, at the following times:
27 (1) Between sunset and sunrise.
28 (2) Any time when[,] the operator cannot discern a
29 person or vehicle upon the highway from a distance of 1,000
30 feet due to insufficient light or unfavorable atmospheric
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1 conditions, including rain, snow, sleet, hail, fog, smoke or
2 smog[, persons and vehicles on the highway are not clearly
3 discernible to the operator for a distance of 1,000 feet
4 ahead].
5 (3) Any time when the vehicle's windshield wipers are in
6 continuous or intermittent use due to precipitation or
7 atmospheric moisture, including rain, snow, sleet or mist.
8 * * *
9 § 4572. Visual signals on authorized vehicles.
10 (a) Flashing or revolving blue lights.--Ambulance personnel,
11 volunteer firefighters, certified volunteer search and rescue
12 [scuba divers] organization members and owners and handlers of
13 dogs used in tracking humans may each equip one motor vehicle
14 with no more than two flashing or revolving blue lights.
15 (1) In order to be eligible to display lights on their
16 vehicles under this subsection, the names of the ambulance
17 personnel, volunteer firefighters and certified volunteer
18 search and rescue [scuba divers] organization members shall
19 be submitted to the nearest station of the Pennsylvania State
20 Police on a list signed by the chief of the ambulance or fire
21 department or company, the head of the search and rescue
22 [scuba diving] organization, and each dog owner and handler
23 shall register at the nearest Pennsylvania State Police
24 station.
25 (2) The manner in which the lights are displayed and
26 their intensity shall be determined by regulation of the
27 department.
28 (3) The lights shall be operable by the driver from
29 inside the vehicle.
30 (4) The lights may be used only while en route to or at
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1 the scene of a fire or emergency call.
2 (5) The lights shall be removed from the vehicle
3 immediately upon receipt of notice from the chief of the
4 ambulance or fire department or company or the head of the
5 search and rescue [scuba diving] organization to remove the
6 lights upon termination of the person's status as an active
7 volunteer firefighter or ambulance person or upon termination
8 of the person's active status as a certified volunteer search
9 and rescue [diver] organization member or dog owner or
10 handler, or when the vehicle is no longer used in connection
11 with the person's duties as a volunteer firefighter or
12 ambulance person, certified volunteer search and rescue
13 [diver] organization member or dog owner or handler.
14 (6) This subsection does not relieve the driver from the
15 duty to drive with due regard for the safety of all persons
16 nor exempt the driver from complying with all provisions of
17 this title.
18 * * *
19 § 4902. Restrictions on use of highways and bridges. <--
20 * * *
21 (g) Penalty.--
22 * * *
23 (2) Any person operating a vehicle or combination in
24 violation of a prohibition or restriction imposed under
25 subsection (b) is guilty of a summary offense and shall, upon
26 conviction, be sentenced to pay a fine of [not less than $25
27 and] not more than [$100] $500.
28 § 4968. PERMIT FOR MOVEMENT DURING COURSE OF MANUFACTURE. <--
29 (A) ANNUAL PERMIT.--AN ANNUAL PERMIT MAY BE ISSUED
30 AUTHORIZING MOVEMENT ON SPECIFIED HIGHWAYS OF BOATS, TRAILERS,
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1 MOBILE HOMES, MODULAR HOUSING UNITS AND UNDERCARRIAGES,
2 HELICOPTERS, HOT INGOTS, A HOT BOX, BASIC OXYGEN FURNACE LANCES,
3 RAILWAY EQUIPMENT AND RAILS OR OTHER ARTICLES, VEHICLES OR
4 COMBINATIONS WHICH EXCEED THE MAXIMUM HEIGHT, WIDTH OR LENGTH
5 SPECIFIED IN SUBCHAPTER B (RELATING TO WIDTH, HEIGHT AND LENGTH)
6 OR SELF-PROPELLED CRANES OR COMBINATIONS CARRYING RAW MILK, RAW
7 COAL, FLAT-ROLLED STEEL COILS, STEEL SLABS, HOT INGOTS, A HOT
8 BOX, PULPWOOD AND WOOD CHIPS FOR PAPER MANUFACTURE OR RAW WATER
9 WHICH EXCEED THE MAXIMUM WEIGHT SPECIFIED IN SUBCHAPTER C
10 (RELATING TO MAXIMUM WEIGHTS OF VEHICLES) WHILE THEY ARE IN THE
11 COURSE OF MANUFACTURE AND UNDER CONTRACT WITH OR UNDER THE
12 DIRECT CONTROL OF THE MANUFACTURER, SUBJECT TO THE FOLLOWING
13 PROVISIONS:
14 (1) EXCEPT FOR ARTICLES AND VEHICLES NOT EXCEEDING 102
15 INCHES IN WIDTH, NO PERMIT SHALL BE ISSUED UNDER THIS SECTION
16 FOR MOVEMENT OF ARTICLES OR VEHICLES WHILE THEY ARE IN
17 TRANSIT FROM THE MANUFACTURER TO A PURCHASER OR DEALER OR FOR
18 THE MOVEMENT OF ARTICLES OR VEHICLES UPON A FREEWAY.
19 (2) OVERWIDTH ARTICLES AND VEHICLES:
20 (I) ARTICLES AND VEHICLES NOT WIDER THAN 102 INCHES
21 MAY BE MOVED ANY DISTANCE ON A PERMIT.
22 (II) ARTICLES AND VEHICLES WIDER THAN 102 INCHES BUT
23 NOT WIDER THAN 108 INCHES MAY BE MOVED UP TO SEVEN MILES
24 ON A PERMIT 24 HOURS PER DAY, SEVEN DAYS A WEEK.
25 (III) ARTICLES AND VEHICLES WIDER THAN 102 INCHES
26 BUT NOT IN EXCESS OF 12 FEET IN WIDTH MAY BE MOVED UP TO
27 50 MILES ON A PERMIT.
28 (IV) WIDER ARTICLES AND VEHICLES MAY BE MOVED NO
29 FARTHER THAN TEN MILES ON A PERMIT.
30 (3) A COMBINATION OF VEHICLES WHICH IS HAULING FLAT-
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1 ROLLED STEEL COILS OR STEEL SLABS MAY BE PERMITTED BY THE
2 DEPARTMENT AND LOCAL AUTHORITIES TO MOVE UPON HIGHWAYS WITHIN
3 THEIR RESPECTIVE JURISDICTION A DISTANCE NOT EXCEEDING 50
4 MILES IF THE GROSS WEIGHT DOES NOT EXCEED 100,000 POUNDS AND
5 THE WEIGHT OF ANY NONSTEERING AXLE DOES NOT EXCEED 21,000
6 POUNDS. NO PERMIT MAY BE ISSUED FOR THIS TYPE OF MOVEMENT
7 UPON AN INTERSTATE HIGHWAY.
8 (3.1) A COMBINATION OF VEHICLES WHICH IS HAULING RAW
9 MILK TO OR FROM A MANUFACTURER MAY BE PERMITTED BY THE
10 DEPARTMENT AND LOCAL AUTHORITIES TO MOVE UPON HIGHWAYS WITHIN
11 THEIR RESPECTIVE JURISDICTION 24 HOURS A DAY, SEVEN DAYS A
12 WEEK, EXCEPT DURING INCLEMENT WEATHER AS DEFINED IN
13 DEPARTMENT REGULATIONS, IF THE GROSS WEIGHT DOES NOT EXCEED
14 95,000 POUNDS AND IF THE WEIGHT OF ANY NONSTEERING AXLE DOES
15 NOT EXCEED 21,000 POUNDS. NO PERMIT MAY BE ISSUED FOR THIS
16 TYPE OF MOVEMENT UPON AN INTERSTATE HIGHWAY.
17 (3.2) A COMBINATION OF VEHICLES WHICH IS HAULING A HOT
18 INGOT OR A HOT BOX MAY BE PERMITTED BY THE DEPARTMENT AND
19 LOCAL AUTHORITIES TO MOVE UPON HIGHWAYS WITHIN THEIR
20 RESPECTIVE JURISDICTION A DISTANCE NOT EXCEEDING 25 MILES IF
21 THE GROSS WEIGHT DOES NOT EXCEED 150,000 POUNDS AND THE
22 WEIGHT OF ANY NONSTEERING AXLE DOES NOT EXCEED 21,000 POUNDS.
23 NO PERMIT MAY BE ISSUED FOR THIS TYPE OF MOVEMENT UPON AN
24 INTERSTATE HIGHWAY.
25 (3.3) A COMBINATION OF VEHICLES WHICH IS HAULING BASIC
26 OXYGEN FURNACE LANCES MAY BE PERMITTED BY THE DEPARTMENT AND
27 LOCAL AUTHORITIES TO MOVE UPON HIGHWAYS WITHIN THEIR
28 RESPECTIVE JURISDICTIONS IF THE OVERALL LENGTH DOES NOT
29 EXCEED 90 FEET. A VEHICLE OPERATING UNDER A PERMIT AUTHORIZED
30 UNDER THIS SECTION MAY BE DRIVEN 24 HOURS A DAY, SEVEN DAYS A
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1 WEEK, IF THE VEHICLE OR COMBINATION IS OPERATED AT PREVAILING
2 SPEEDS. MOVEMENT UNDER THIS PARAGRAPH IS NOT AUTHORIZED
3 DURING ANY OF THE FOLLOWING:
4 (I) A HOLIDAY PERIOD SPECIFIED IN DEPARTMENT
5 REGULATIONS OR IN THE PERMIT.
6 (II) INCLEMENT WEATHER, AS DEFINED IN DEPARTMENT
7 REGULATIONS.
8 (3.4) A SELF-PROPELLED CRANE WHICH IS BEING ROAD TESTED
9 MAY BE PERMITTED BY THE DEPARTMENT AND LOCAL AUTHORITIES TO
10 MOVE UPON HIGHWAYS WITHIN THEIR RESPECTIVE JURISDICTIONS A
11 DISTANCE NOT EXCEEDING 15 MILES IF THE GROSS WEIGHT DOES NOT
12 EXCEED 150,000 POUNDS AND THE WEIGHT ON ANY AXLE DOES NOT
13 EXCEED 27,000 POUNDS.
14 (3.5) A COMBINATION OF VEHICLES WHICH IS HAULING RAW
15 COAL FROM A MINE TO A PROCESSING OR PREPARATION FACILITY MAY
16 BE PERMITTED BY THE DEPARTMENT AND LOCAL AUTHORITIES TO MOVE
17 UPON HIGHWAYS WITHIN THEIR RESPECTIVE JURISDICTIONS A
18 DISTANCE NOT EXCEEDING 30 MILES IF THE GROSS WEIGHT DOES NOT
19 EXCEED 95,000 POUNDS AND IF THE WEIGHT OF ANY NONSTEERING
20 AXLE DOES NOT EXCEED 21,000 POUNDS. NO PERMIT MAY BE ISSUED
21 FOR THIS TYPE OF MOVEMENT UPON AN INTERSTATE HIGHWAY.
22 (3.6) A COMBINATION OF VEHICLES WHICH IS HAULING RAW
23 WATER FROM A SPRING TO A BOTTLING FACILITY MAY BE PERMITTED
24 BY THE DEPARTMENT AND LOCAL AUTHORITIES TO MOVE UPON
25 SPECIFIED HIGHWAYS WITHIN THEIR RESPECTIVE JURISDICTIONS
26 SUBJECT TO THE FOLLOWING CONDITIONS:
27 (I) THE VEHICLE MUST BE A SIX AXLE COMBINATION -
28 THREE AXLE TRUCK TRACTOR.
29 (II) GROSS VEHICULAR WEIGHT MUST NOT EXCEED 96,900
30 POUNDS.
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1 (III) MAXIMUM WEIGHT ON STEERING AXLES SHALL BE
2 11,000 POUNDS.
3 (IV) MAXIMUM WEIGHT ON THE TRUCK-TRACTOR TANDEM
4 (AXLES TWO AND THREE) SHALL BE 38,000 POUNDS, WITH A
5 MAXIMUM OF 19,500 POUNDS ON EITHER AXLE IN THE GROUP.
6 (V) MAXIMUM WEIGHT ON THE SEMITRAILER TRIDEM (AXLES
7 FOUR, FIVE AND SIX) SHALL BE 47,700 POUNDS, WITH A
8 MAXIMUM OF 16,400 POUNDS ON ANY AXLE IN THE GROUP.
9 (VI) MINIMUM SPACING BETWEEN AXLE ONE AND AXLE TWO
10 SHALL BE 12 FEET 11 INCHES.
11 (VII) THE CENTER-TO-CENTER DISTANCE BETWEEN THE LAST
12 DRIVE AXLE OF THE TRUCK TRACTOR (AXLE THREE) AND THE
13 FIRST AXLE OF SEMITRAILER (AXLE 4) MUST BE A MINIMUM OF
14 26 FEET 7 INCHES.
15 (VIII) MINIMUM SPACING BETWEEN TANDEM AND TRIDEM
16 AXLES SHALL BE 4 FEET 1 INCH.
17 NO PERMIT MAY BE ISSUED FOR THIS TYPE OF MOVEMENT UPON AN
18 INTERSTATE HIGHWAY.
19 (3.7) A COMBINATION OF VEHICLES WHICH IS HAULING
20 PULPWOOD OR WOOD CHIPS FROM A SPECIFIED SOURCE TO A PAPER
21 MANUFACTURING SITE MAY BE PERMITTED BY THE DEPARTMENT AND
22 LOCAL AUTHORITIES TO MOVE UPON SPECIFIED HIGHWAYS WITHIN
23 THEIR RESPECTIVE JURISDICTIONS SUBJECT TO THE FOLLOWING
24 CONDITIONS:
25 (I) THE VEHICLE MUST BE A FIVE AXLE COMBINATION -
26 THREE AXLE TRUCK TRACTOR MEETING THE FOLLOWING
27 CHARACTERISTICS:
28 (A) GROSS VEHICULAR WEIGHT MUST NOT EXCEED
29 95,000 POUNDS.
30 (B) MAXIMUM WEIGHT ON STEERING AXLES SHALL BE
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1 11,000 POUNDS.
2 (C) MAXIMUM WEIGHT ON THE TRUCK-TRAILER TANDEM
3 (AXLES TWO AND THREE) SHALL BE 42,000 POUNDS, WITH A
4 MAXIMUM OF 21,000 POUNDS ON EITHER AXLE IN THE GROUP.
5 (D) MAXIMUM WEIGHT ON THE SEMITRAILER TRIDEM
6 (AXLES FOUR AND FIVE) SHALL BE 42,000 POUNDS, WITH A
7 MAXIMUM OF 21,000 POUNDS ON ANY AXLE IN THE GROUP.
8 (E) MINIMUM SPACING BETWEEN AXLE ONE AND AXLE
9 TWO SHALL BE 12 FEET 6 INCHES.
10 (F) THE CENTER-TO-CENTER DISTANCE BETWEEN THE
11 LAST DRIVE AXLE OF THE TRUCK TRACTOR (AXLE THREE) AND
12 THE FIRST AXLE OF THE SEMITRAILER (AXLE FOUR) MUST BE
13 A MINIMUM OF 28 FEET 0 INCH.
14 (G) MINIMUM SPACING BETWEEN TANDEM AND TRIDEM
15 AXLES SHALL BE 4 FEET 0 INCH.
16 (II) THE VEHICLE MUST BE A SIX AXLE COMBINATION -
17 THREE AXLE TRUCK TRACTOR MEETING THE FOLLOWING
18 CHARACTERISTICS:
19 (A) GROSS VEHICULAR WEIGHT MUST NOT EXCEED
20 107,000 POUNDS.
21 (B) MAXIMUM WEIGHT ON STEERING AXLES SHALL BE
22 12,000 POUNDS.
23 (C) MAXIMUM WEIGHT ON THE TRUCK-TRACTOR TANDEM
24 (AXLES TWO AND THREE) SHALL BE 42,000 POUNDS, WITH A
25 MAXIMUM OF 21,000 POUNDS ON EITHER AXLE IN THE GROUP.
26 (D) MAXIMUM WEIGHT ON THE SEMITRAILER TRIDEM
27 (AXLES FOUR, FIVE AND SIX) SHALL BE 53,000 POUNDS,
28 WITH A MAXIMUM OF 17,670 POUNDS ON ANY AXLE IN THE
29 GROUP.
30 (E) MINIMUM SPACING BETWEEN AXLE ONE AND AXLE
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1 TWO SHALL BE 12 FEET 6 INCHES.
2 (F) THE CENTER-TO-CENTER DISTANCE BETWEEN THE
3 LAST DRIVE AXLE OF THE TRUCK TRACTOR (AXLE THREE) AND
4 THE FIRST AXLE OF THE SEMITRAILER (AXLE FOUR) MUST BE
5 A MINIMUM OF 45 FEET 0 INCH.
6 (G) MINIMUM SPACING BETWEEN TANDEM AND TRIDEM
7 AXLES SHALL BE 4 FEET 0 INCH.
8 NO PERMIT MAY BE ISSUED FOR THIS TYPE OF MOVEMENT UPON AN
9 INTERSTATE HIGHWAY.
10 (4) A PERMIT MAY BE DENIED OR REVOKED IN ORDER TO
11 PRESERVE THE SAFETY OF HIGHWAY USERS OR TO PROTECT THE
12 STRUCTURAL INTEGRITY OF HIGHWAYS OR BRIDGES OR AS OTHERWISE
13 AUTHORIZED BY DEPARTMENT REGULATIONS.
14 [(B) DEFINITION.--AS USED IN THIS SECTION, THE TERM "RAW
15 MILK" SHALL HAVE THE MEANING GIVEN TO IT IN THE ACT OF JULY 2,
16 1935 (P.L.589, NO.210), REFERRED TO AS THE MILK SANITATION LAW.]
17 (B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
18 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
19 SUBSECTION:
20 "HOT BOX." CONSISTS OF AN ENCLOSURE CONSISTING OF WELDED
21 STEEL PLATE CHAINED TO A SEMITRAILER WITH A REMOVABLE LID LINED
22 WITH REFRACTION FOR PURPOSES OF INSULATION AND RETENTION OF
23 HEAT.
24 "RAW MILK." HAS THE MEANING GIVEN TO IT IN THE ACT OF JULY
25 2, 1935 (P.L.589, NO.210), REFERRED TO AS THE MILK SANITATION
26 LAW.
27 § 4976. PERMIT FOR MOVEMENT OF DOMESTIC ANIMAL FEED AND WHOLE
28 OR UNPROCESSED GRAIN.
29 AN ANNUAL PERMIT MAY BE ISSUED AUTHORIZING THE MOVEMENT ON
30 HIGHWAYS OF DOMESTIC ANIMAL FEED AND WHOLE OR UNPROCESSED GRAIN,
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1 IN BULK, WHICH EXCEEDS THE MAXIMUM VEHICLE GROSS WEIGHT
2 SPECIFIED IN SUBCHAPTER C (RELATING TO MAXIMUM WEIGHTS OF
3 VEHICLES). THE WEIGHT OF ANY VEHICLE PERMITTED UNDER THIS
4 SECTION MAY NOT EXCEED 95,000 POUNDS OVERALL GROSS WEIGHT AND
5 THE WEIGHT ON ANY NONSTEERING AXLE DOES NOT EXCEED 21,000
6 POUNDS. NO PERMIT MAY BE ISSUED FOR THIS TYPE OF MOVEMENT UPON
7 AN INTERSTATE HIGHWAY.
8 Section 2. This act shall take effect in 60 days. AS <--
9 FOLLOWS:
10 (1) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
11 (2) THE AMENDMENT OF 75 PA.C.S. § 1510(B) SHALL TAKE
12 EFFECT IN THREE YEARS.
13 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
14 DAYS.
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