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                                                      PRINTER'S NO. 1311

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1076 Session of 2007


        INTRODUCED BY HICKERNELL, GEIST, HERSHEY, BASTIAN, BOYD,
           CAPPELLI, COX, CUTLER, EVERETT, GOODMAN, GRELL, GRUCELA,
           HESS, KAUFFMAN, M. KELLER, McILHATTAN, MILLARD, MOUL, PAYNE,
           SAYLOR, SOLOBAY, STERN, TRUE, YOUNGBLOOD AND BELFANTI,
           APRIL 18, 2007

        REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 18, 2007

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for vehicles exempt from
     3     registration, for use of farm vehicle plates, for general
     4     lighting requirements, for requirement for periodic
     5     inspection of vehicles, for operation of vehicle without
     6     official certificate of inspection, for securing loads in
     7     vehicles, for safety requirements for towed vehicles and for
     8     width of vehicles.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 1302(2) and (10) of Title 75 of the
    12  Pennsylvania Consolidated Statutes are amended to read:
    13  § 1302.  Vehicles exempt from registration.
    14     The following types of vehicles are exempt from registration:
    15         * * *
    16         (2)  Any implement of husbandry[, trailer or semitrailer
    17     determined by the department to be] and any trailer or
    18     semitrailer towed or hauled by a farm vehicle or implement of
    19     husbandry, provided that the implement of husbandry, trailer


     1     or semitrailer is used exclusively for agricultural
     2     operations and only infrequently operated upon highways.
     3     Vehicles exempt from registration under this paragraph shall
     4     be used exclusively upon a farm or farms owned or operated by
     5     the owner of the vehicle or upon highways [between] as
     6     subject to the following limitations:
     7             [(i)  Parts of one such farm.
     8             (ii)  Such farms located not more than 25 miles
     9         apart.
    10             (iii)  Such farm or farms and a place of business
    11         located within a radius of 25 miles from such farm or
    12         farms for the purpose of buying or selling agricultural
    13         commodities or supplies or for delivery, repair or
    14         servicing of the vehicle.]
    15             (i)  For an implement of husbandry or for a trailer
    16         or semitrailer being towed or hauled by an implement of
    17         husbandry:
    18                 (A)  Parts of one such farm.
    19                 (B)  Between such farms located not more than 25
    20             miles apart.
    21                 (C)  Between such farm or farms and a place of
    22             business located within a radius of 25 miles from
    23             such farm or farms for the purpose of buying or
    24             selling agricultural commodities or supplies or for
    25             delivery, repair or servicing of the vehicle.
    26             (ii)  For a trailer or semitrailer being towed or
    27         hauled by a farm vehicle exempt from registration under
    28         paragraph (10), the areas that the towing or hauling
    29         vehicle is authorized to be driven.
    30             (iii)  For a trailer or semitrailer being towed or
    20070H1076B1311                  - 2 -     

     1         hauled by a farm vehicle bearing farm vehicle
     2         registration plates under section 1344 (relating to use
     3         of farm vehicle plates):
     4                 (A)  Between such farms located not more than 50
     5             miles apart.
     6                 (B)  Between such farm or farms and a place of
     7             business located within a radius of 50 miles from
     8             such farm or farms for the purpose of buying or
     9             selling agricultural commodities or supplies or for
    10             repairing or servicing the vehicle.
    11         * * *
    12         (10)  Any farm vehicle used exclusively upon a farm or
    13     farms owned or operated by the owner of the vehicle.
    14             [(i)  Type I--Such a farm vehicle which does not
    15         qualify as a motor carrier vehicle may be driven upon
    16         highways only from sunrise to sunset. However, a farm
    17         vehicle which qualifies as a motor carrier vehicle and
    18         displays a currently valid certificate of inspection may
    19         be driven upon highways without any restriction as to
    20         time. Such a farm vehicle may only be driven on highways
    21         between:]
    22             (i)  Type A--Such a farm vehicle which does not
    23         qualify as a motor carrier vehicle may be driven on
    24         highways only from sunrise to sunset and between:
    25                 (A)  Parts of one such farm.
    26                 (B)  Such farms located not more than 25 miles
    27             apart.
    28                 (C)  Such farm or farms and a place of business
    29             located within a radius of 25 miles from such farm or
    30             farms for the purpose of buying or selling
    20070H1076B1311                  - 3 -     

     1             agricultural commodities or supplies.
     2                 (D)  Such farm or farms and a place of business
     3             located within a radius of 50 miles from such farm or
     4             farms for the purpose of repair or servicing of the
     5             farm vehicle[.] or the trailer or semitrailer being
     6             towed or hauled by the farm vehicle.
     7             [(ii)  Type II--](ii)  Type B--Such a farm vehicle
     8         which does qualify as a motor carrier vehicle and
     9         displays a currently valid certificate of inspection may
    10         be driven without any restriction as to time but may only
    11         be driven on highways between:
    12                 (A)  Parts of one such farm.
    13                 (B)  Such farms located not more than 50 miles
    14             apart.
    15                 (C)  Such farm or farms and a place of business
    16             located within a radius of 50 miles from such farm or
    17             farms for the purpose of buying or selling
    18             agricultural commodities or supplies or for repair or
    19             servicing of the farm vehicle or the trailer or
    20             semitrailer being towed or hauled by the farm
    21             vehicle.
    22             (iii)  Type C--Such a farm vehicle which does qualify
    23         as a motor carrier vehicle and which does not display a
    24         currently valid certificate of inspection may be driven
    25         upon highways only from sunrise to sunset and between:
    26                 (A)  Parts of one such farm.
    27                 (B)  Such farms located not more than ten miles
    28             apart.
    29                 (C)  Such farm or farms and a place of business
    30             located within a radius of ten miles from such farm
    20070H1076B1311                  - 4 -     

     1             or farms for the purpose of buying or selling
     2             agricultural commodities or supplies.
     3                 (D)  Such farm or farms and a place of business
     4             located within a radius of 25 miles from such farm or
     5             farms for the purpose of repair or servicing of the
     6             farm vehicle or the trailer or semitrailer being
     7             towed or hauled by the farm vehicle.
     8             [(iii)] (iv)  A biennial certificate of exemption
     9         shall be required for such a farm vehicle.
    10             [(iv)] (v)  The owner of the farm vehicle shall
    11         maintain such minimum levels of liability insurance
    12         coverage on the vehicle as are required to be maintained
    13         under Chapter 17 (relating to financial responsibility)
    14         by owners of registered motor vehicles. The owner shall
    15         satisfy the requirements of this subparagraph if the
    16         minimum amounts of liability insurance coverage for the
    17         farm vehicle have been provided under farm liability
    18         insurance coverage maintained generally by the owner.
    19         Coverage prescribed in Subchapter B of Chapter 17 shall
    20         not be required to be maintained or provided for the farm
    21         vehicle.
    22         * * *
    23     Section 2.  Section 1344 of Title 75 is amended by adding a
    24  subsection to read:
    25  § 1344.  Use of farm vehicle plates.
    26     * * *
    27     (c)  Applicability of section 1301.--A truck or truck tractor
    28  bearing current farm vehicle registration plates shall be deemed
    29  to be duly registered for purposes of section 1301 (relating to
    30  registration and certificate of title required), notwithstanding
    20070H1076B1311                  - 5 -     

     1  the commission of any violation of this section.
     2     Section 3.  Section 4303(e) is amended and the section is
     3  amended by adding a subsection to read:
     4  § 4303.  General lighting requirements.
     5     * * *
     6     (e)  Equipment exempted [by regulation].--Antique motor
     7  vehicles, animal-drawn vehicles, implements of husbandry,
     8  commercial implements of husbandry and special mobile equipment,
     9  if operated exclusively between the hours of sunrise and sunset
    10  and not during periods of reduced visibility or insufficient
    11  illumination, [may be exempted from certain lighting equipment
    12  requirements of this part by regulations of the department.] are
    13  exempted from the lighting equipment requirements of this part.
    14     (e.1)  Certain trailers exempt.--Trailers and semitrailers
    15  exempt from registration under section 1302(2) (relating to
    16  vehicles exempt from registration), if operated exclusively
    17  between the hours of sunrise and sunset and not during periods
    18  of reduced visibility or insufficient illumination, are exempted
    19  from the lighting equipment requirements of this part, with the
    20  exception of the requirements under subsection (b).
    21     * * *
    22     Section 4.  Section 4702(a), 4703(a), 4905(e) and 4921(b) of
    23  Title 75 are amended to read:
    24  § 4702.  Requirement for periodic inspection of vehicles.
    25     (a)  Annual safety inspection.--Except as provided in
    26  subsection (b), the department shall establish a system of
    27  annual safety inspection of vehicles, including emergency
    28  vehicles, farm vehicles with a gross weight or gross vehicle
    29  weight rating of greater than 17,000 pounds for which a [Type I]
    30  Type B biennial certificate of exemption has been issued and
    20070H1076B1311                  - 6 -     

     1  private noncommercial vehicles used to transport students.
     2     * * *
     3  § 4703.  Operation of vehicle without official certificate of
     4             inspection.
     5     (a)  General rule.--Except as otherwise provided in this
     6  section, no motor vehicle required to bear current registration
     7  plates issued by this Commonwealth and no farm vehicle with a
     8  gross weight or gross vehicle weight rating of greater than
     9  17,000 pounds for which a [Type I] Type B biennial certificate
    10  of exemption has been issued shall be driven and no trailer
    11  required to bear current registration plates issued by this
    12  Commonwealth shall be moved on a highway and no mass transit
    13  vehicle shall be operated unless the vehicle displays a
    14  currently valid certificate of inspection issued under this
    15  chapter.
    16     * * *
    17  § 4905.  Safety requirements for towed vehicles.
    18     * * *
    19     (e)  Obstructed lighting equipment.--Whenever the rear
    20  running lights, stop lights, turn signals or hazard warning
    21  lights required by the provisions of Chapter 43 (relating to
    22  lighting equipment) are obstructed by the load on a vehicle or
    23  by a towed vehicle or its load, lighting equipment shall be
    24  displayed on the rear of the towed vehicle or load equivalent to
    25  the obstructed lights or signals, except in the case of
    26  implements of husbandry or commercial implements of husbandry
    27  displaying the slow-moving vehicle emblem [and] or in the case
    28  of a farm vehicle hauling or towing a trailer or semitrailer
    29  exempt from registration under section 1302(2) (relating to
    30  vehicles exempt from registration), if the hauling or towing
    20070H1076B1311                  - 7 -     

     1  vehicle is operating between sunrise and sunset.
     2     * * *
     3  § 4921.  Width of vehicles.
     4     * * *
     5     (b)  Special vehicles.--
     6         (1)  Any implement of husbandry or vehicle loaded with
     7     vegetable produce or forage crops and not exceeding 11 feet
     8     in width may be driven, hauled or towed between sunrise and
     9     sunset on highways other than freeways.
    10         (2)  Any implement of husbandry not exceeding [14 feet 6
    11     inches] 16 feet in width may be driven, hauled or towed
    12     between sunrise and sunset on highways other than freeways:
    13             (i)  Between parts of one farm owned or operated by
    14         the owner of the implement of husbandry.
    15             (ii)  Between farms owned or operated by the owner of
    16         the implement of husbandry located not more than 50 miles
    17         apart.
    18             (iii)  Between:
    19                 (A)  farms; or
    20                 (B)  a farm owned or operated by a farmer and a
    21             place of business of a mechanic or dealer in
    22             implements of husbandry;
    23         located not more than 150 miles away for the purpose of
    24         buying, selling, trading, loaning and leasing,
    25         demonstrating, repairing or servicing the implement of
    26         husbandry.
    27     The width allowance under this paragraph shall not apply to
    28     an implement of husbandry exceeding 14 feet 6 inches unless
    29     the implement is equipped with reflective edgemarks on the
    30     front and rear and is operating vehicular hazard lamps that
    20070H1076B1311                  - 8 -     

     1     are equipped in accordance with the regulations of the
     2     department and is preceded by a pilot vehicle that is
     3     operating vehicular hazard lamps and is displaying a "wide
     4     vehicle" sign on the front of the vehicle.
     5         (2.1)  Any implement of husbandry not exceeding 14 feet 6
     6     inches in width may be driven, hauled or towed between sunset
     7     and sunrise on highways other than freeways:
     8             (i)  Between parts of one farm owned or operated by
     9         the owner of the implement of husbandry.
    10             (ii)  Between farms owned or operated by the owner of
    11         the implement of husbandry located not more than 50 miles
    12         apart.
    13             (iii)  Between:
    14                 (A)  farms; or
    15                 (B)  a farm owned or operated by a farmer and a
    16             place of business of a mechanic or dealer in
    17             implements of husbandry;
    18         located not more than 150 miles away for the purpose of
    19         buying, selling, trading, loaning and leasing,
    20         demonstrating, repairing or servicing the implement of
    21         husbandry.
    22     The width allowance provided under this paragraph shall not
    23     apply to an implement of husbandry exceeding 11 feet unless
    24     the implement is equipped with reflective edgemarks on the
    25     front and rear and is operating vehicular hazard lamps that
    26     are equipped in accordance with the regulations of the
    27     department and is followed by a pilot vehicle that is
    28     operating vehicular hazard lamps and is displaying a "wide
    29     vehicle" sign on the rear of the vehicle.
    30         (3)  Special mobile equipment not exceeding nine feet two
    20070H1076B1311                  - 9 -     

     1     inches in width may be driven, hauled or towed between
     2     sunrise and sunset on highways other than freeways.
     3         (4)  The department may regulate the operation of special
     4     vehicles subject to this subsection which regulations may
     5     prohibit the operation of special vehicles on certain days or
     6     during certain hours.
     7         (5)  An implement of husbandry or vehicle used
     8     exclusively for highly perishable crops for processing and
     9     not exceeding 14 feet 6 inches in width may be operated on
    10     highways other than freeways [between sunset and sunrise only
    11     during the period of May 20 to October 15]. The implement or
    12     vehicle, when used at this time, shall have two rotating
    13     yellow beacons and vehicular hazard signal lamps operating.
    14         (6)  Commercial implements of husbandry not exceeding [12
    15     feet] 14 feet 6 inches in width, including wheels and tires,
    16     may be driven, hauled or towed between sunrise and sunset on
    17     highways other than freeways.
    18     * * *
    19     Section 5.  This act shall take effect in 60 days.








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