PRINTER'S NO.  3532

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2371

Session of

2012

  

  

INTRODUCED BY MAHER, GEIST, BAKER, BEAR, BOBACK, BROOKS, COX, CUTLER, EVANKOVICH, J. EVANS, EVERETT, FLECK, GIBBONS, GILLEN, GINGRICH, GODSHALL, GRELL, HARRIS, HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, F. KELLER, LAWRENCE, LONGIETTI, MICOZZIE, MILLARD, MILLER, MOUL, OBERLANDER, PYLE, QUINN, REED, SAYLOR, SIMMONS, STEVENSON, SWANGER, TOOHIL, VULAKOVICH AND WATSON, MAY 16, 2012

  

  

REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, MAY 16, 2012  

  

  

  

AN ACT

  

1

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

2

Statutes, further providing for definitions and for width of

3

vehicles.

4

The General Assembly of the Commonwealth of Pennsylvania

5

hereby enacts as follows:

6

Section 1.  The definition of "implement of husbandry" in

7

section 102 of Title 75 of the Pennsylvania Consolidated

8

Statutes is amended and the section is amended by adding

9

definitions to read:

10

§ 102.  Definitions.

11

Subject to additional definitions contained in subsequent

12

provisions of this title which are applicable to specific

13

provisions of this title, the following words and phrases when

14

used in this title shall have, unless the context clearly

15

indicates otherwise, the meanings given to them in this section:

 


1

* * *

2

"Agricultural commodity."  Any of the following:

3

(1)  Agricultural, apicultural, aquacultural,

4

horticultural, floricultural, viticultural and dairy

5

products.

6

(2)  Livestock, poultry and the products of livestock and

7

poultry.

8

(3)  Crops and crop by products.

9

(4)  Nutrients.

10

* * *

11

"Crop."  The term includes, but is not limited to:

12

(1)  Field crops, including corn, wheat, oats, rye,

13

barley, hay, potatoes and dry beans.

14

(2)  Fruits, including apples, peaches, grapes, cherries

15

and berries.

16

(3)  Vegetables, including tomatoes, snap beans, cabbage,

17

carrots, beets, onions and mushrooms.

18

(4)  Horticultural specialties, including nursery stock,

19

ornamental shrubs, ornamental trees and flowers.

20

* * *

21

"Implement of husbandry."  Farm equipment that meets all of

22

the following criteria:

23

(1)  Is equipped with pneumatic tires except if

24

prohibited by religious beliefs.

25

(2)  Is infrequently operated or moved upon highways.

26

(3)  Is used in agriculture for any of the following

27

purposes:

28

(i)  performance of agriculture production or

29

harvesting activities for the farmer's agricultural

30

operations; or

- 2 -

 


1

(ii)  transportation of an agricultural [products]

2

commodity or agricultural supplies for the benefit of the

3

farmer's agricultural operations.

4

The term also includes earthmoving equipment and any other

5

vehicle determined by the department to be an implement of

6

husbandry.

7

* * *

8

"Livestock."  Cattle, horses, sheep, goats and swine of every

9

age and sex.

10

* * *

11

"Nutrient."  The term includes, but is not limited to:

12

(1)  A substance or recognized plant nutrient, element or

13

compound that is used or sold for its plant nutritive content

14

or its claimed nutritive value.

15

(2)  Livestock and poultry manures and their byproducts,

16

compost used as fertilizer, commercially manufactured

17

chemical fertilizers, biosolids or combinations of

18

commercially manufactured chemical biosolids.

19

* * *

20

Section 2.  Section 4921(b) of Title 75 is amended to read:

21

§ 4921.  Width of vehicles.

22

* * *

23

(b)  Special vehicles.--

24

(1)  Any implement of husbandry or vehicle loaded with

25

[vegetable produce or forage crops] an agricultural commodity

26

and not exceeding [11] 12 feet in width may be driven, hauled

27

or towed between sunrise and sunset on highways other than

28

freeways.

29

(2)  Any implement of husbandry not exceeding 14 feet 6

30

inches in width may be driven, hauled or towed between

- 3 -

 


1

sunrise and sunset on highways other than freeways:

2

(i)  Between parts of one farm owned or operated by

3

the owner of the implement of husbandry.

4

(ii)  Between farms owned or operated by the owner of

5

the implement of husbandry located not more than 50 miles

6

apart.

7

(iii)  Between:

8

(A)  farms; or

9

(B)  a farm owned or operated by a farmer and a

10

place of business of a mechanic or dealer in

11

implements of husbandry;

12

located not more than 150 miles away for the purpose of

13

buying, selling, trading, loaning and leasing,

14

demonstrating, repairing or servicing the implement of

15

husbandry.

16

(3)  Special mobile equipment not exceeding nine feet two

17

inches in width may be driven, hauled or towed between

18

sunrise and sunset on highways other than freeways.

19

(4)  [The] Except for an implement of husbandry, the

20

department may regulate the operation of special vehicles

21

subject to this subsection which regulations may prohibit the

22

operation of special vehicles on certain days or during

23

certain hours.

24

(5)  An implement of husbandry or vehicle used

25

[exclusively for highly perishable crops for processing] to

26

transport or harvest an agricultural commodity and not

27

exceeding 14 feet 6 inches in width may be operated at any

28

time on highways other than freeways [between sunset and

29

sunrise only during the period of May 20 to October 15]. The

30

implement or vehicle, when used [at this time] between sunset

- 4 -

 


1

and sunrise, shall have two rotating yellow beacons and

2

vehicular hazard signal lamps operating.

3

(6)  Commercial implements of husbandry not exceeding 12

4

feet in width, including wheels and tires, may be driven,

5

hauled or towed between sunrise and sunset on highways other

6

than freeways.

7

* * *

8

Section 3.  This act shall take effect immediately.

- 5 -