PRIOR PRINTER'S NO. 3532

PRINTER'S NO.  3664

  

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, WATSON, STERN, KNOWLES, PICKETT AND DENLINGER, MAY 16, 2012

  

  

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 5, 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

Section 1.  Section 4921(b) of Title 75 of the Pennsylvania

<--

22

Consolidated Statutes is amended to read:

23

§ 4921.  Width of vehicles.

24

* * *

25

(b)  Special vehicles.--

26

(1)  Any implement of husbandry or vehicle loaded with

27

[vegetable produce or forage] crops] an agricultural

<--

28

commodity or nutrients and not exceeding [11] 12 feet in

<--

29

width may be driven, hauled or towed between sunrise and

30

sunset on highways other than freeways.

- 3 -

 


1

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

2

inches in width may be driven, hauled or towed between

3

sunrise and sunset on highways other than freeways:

4

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

5

the owner of the implement of husbandry.

6

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

7

the implement of husbandry located not more than 50 miles

8

apart.

9

(iii)  Between:

10

(A)  farms; or

11

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

12

place of business of a mechanic or dealer in

13

implements of husbandry;

14

located not more than 150 miles away for the purpose of

15

buying, selling, trading, loaning and leasing,

16

demonstrating, repairing or servicing the implement of

17

husbandry.

18

(3)  Special mobile equipment not exceeding nine feet two

19

inches in width may be driven, hauled or towed between

20

sunrise and sunset on highways other than freeways.

21

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

<--

22

department may regulate the operation of special vehicles

23

subject to this subsection which regulations may prohibit the

24

operation of special vehicles on certain days or during

25

certain hours.

26

(5)  An implement of husbandry or vehicle used

27

[exclusively for highly perishable crops for processing] to

<--

28

transport or harvest an agricultural commodity for crops or

<--

29

nutrients and not exceeding 14 feet 6 inches in width may be

30

operated at any time on highways other than freeways [between

<--

- 4 -

 


1

sunset and sunrise [only during the period of May 20 to

<--

2

October 15]. The implement or vehicle, when used [at this

<--

3

time] between sunset and sunrise, shall have two rotating

<--

4

yellow beacons and vehicular hazard signal lamps operating.

5

(6)  Commercial implements of husbandry not exceeding 12

6

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

7

hauled or towed between sunrise and sunset on highways other

8

than freeways.

9

(7)  As used in this section, the following words and

<--

10

phrases shall have the meanings given to them in this

11

subsection:

12

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

13

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

14

barley, hay, potatoes and dry beans.

15

(ii)  Fruits, including apples, peaches, grapes,

16

cherries and berries.

17

(iii)  Vegetables, including tomatoes, snap beans,

18

cabbage, carrots, beets, onions and mushrooms.

19

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

20

(i)  A substance or recognized plant nutrient,

21

element or compound that is used or sold for its plant

22

nutritive content or its claimed nutritive value.

23

(ii)  Livestock and poultry manures and their

24

byproducts, compost used as fertilizer, commercially

25

manufactured chemical fertilizers, biosolids or

26

combinations of commercially manufactured chemical

27

biosolids.

28

* * *

29

Section 3 2.  This act shall take effect immediately.

<--

- 5 -