PRINTER'S NO. 1942
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1412
Session of
2015
INTRODUCED BY TAYLOR, THOMAS, HEFFLEY, MURT, DIAMOND, KILLION,
DAY, W. KELLER, MILLARD, MARSHALL, M. K. KELLER, D. COSTA,
A. HARRIS, COHEN AND JOZWIAK, JUNE 25, 2015
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 25, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in commercial drivers, further providing for
definitions, for employer responsibilities, for commercial
driver's license qualification standards, for nonresident
CDL, for commercial driver's license and for
disqualification.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "commercial motor vehicle" and
"tank vehicle" in section 1603 of Title 75 of the Pennsylvania
Consolidated Statutes are amended to read:
§ 1603. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Commercial motor vehicle." A motor vehicle or combination
designed or used to transport passengers or property:
(1) if the vehicle has a gross vehicle weight rating or
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gross vehicle weight of 26,001 or more pounds or such lesser
rating as the department shall adopt under the provisions of
section 6103(c) (relating to promulgation of rules and
regulations by department), as determined by Federal
regulation and published by the department as a notice in the
Pennsylvania Bulletin;
(1.1) if the vehicle has a gross combination weight
rating or gross combination weight of 26,001 pounds or more,
whichever is greater, inclusive of a towed unit with a gross
vehicle weight rating or gross vehicle weight of more than
10,000 pounds, whichever is greater;
(2) if the vehicle is designed to transport 16 or more
passengers, including the driver;
(3) if the vehicle is a school bus; or
(4) if the vehicle is transporting hazardous materials
and is required to be placarded in accordance with department
regulations.
The term does not include an antique or classic motor vehicle,
or an implement of husbandry, or any motor home or recreational
trailer operated solely for personal use, or motorized
construction equipment, including, but not limited to,
motorscrapers, backhoes, motorgraders, compactors, excavators,
tractors, trenchers and bulldozers.
* * *
"Tank vehicle." A commercial motor vehicle that is designed
to transport liquid or gaseous materials within a tank or tanks
having an individual rated capacity of more than 119 gallons and
an aggregate rated capacity of 1,000 gallons or more that is
either permanently or temporarily attached to the vehicle or the
chassis. [Such vehicles include, but are not limited to, cargo
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tanks and portable tanks. The term shall not include portable
tanks having a rated capacity under 1,000 gallons.] A commercial
motor vehicle transporting an empty storage container tank not
designed for transportation with a rated capacity of 1,000
gallons or more that is temporarily attached to a flatbed
trailer is not considered a tank vehicle.
* * *
Section 2. Section 1605(b)(1)(v) of Title 75 is amended to
read:
§ 1605. Employer responsibilities.
* * *
(b) Prohibitions.--No employer shall knowingly allow,
require, permit or authorize a driver to drive a commercial
motor vehicle:
(1) during any period in which:
* * *
(v) the driver is not qualified by a license
restriction or required class or endorsement to operate
the commercial vehicle being driven; or
* * *
Section 3. Section 1607(a)(6) of Title 75 is amended by
adding a subparagraph and subsections (a) and (d) are amended by
adding paragraphs to read:
§ 1607. Commercial driver's license qualification standards.
(a) Testing.--
* * *
(6) The department shall provide applicants for
commercial driver's licenses with the choice of selecting a
knowledge test administered in either a written or an oral
format:
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(i) The department shall administer the knowledge
tests in both the English and Spanish languages.
(ii) An applicant requesting the oral or Spanish
version of the knowledge test must schedule for the
examination at a testing site authorized by the
department.
(iii) The department shall offer alternate testing
formats to avoid discrimination against drivers with
limited literacy or verbal comprehension skills.
(iv) The alternative of an oral version of the
knowledge test shall not be available to persons seeking
a hazardous materials endorsement on a commercial
driver's license.
(v) The use of interpreters shall not be permitted.
(7) The department shall accept the results of skills
tests administered in other states and sent electronically by
the other state, provided that the skills test administered
meets Federal testing standards.
(8) The department shall require a driver to retake the
skills or knowledge test within 30 days upon receiving
credible information that the commercial driver learner's
permit holder or commercial driver's license holder is
suspected of fraud related to the issuance of a commercial
driver learner's permit or commercial driver's license.
(9) Interpreters shall not be permitted during the
administration of the skills test. Neither the commercial
driver learner's permit holder nor the test examiner may
communicate in a language other than English during the
skills test.
* * *
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(d) Commercial driver learner's permit.--
* * *
(4) A commercial driver learner's permit shall be valid
for a period of 180 days from the date of issuance and may be
renewed for an additional period of up to 180 days without
having to retake the general and endorsement knowledge tests.
(5) An applicant for a commercial driver learner's
permit must have a valid driver's license or commercial
driver's license issued by the department.
(6) A commercial driver learner's permit is only valid
when the commercial driver learner's permit holder has in the
driver's immediate possession both the permit and a driver's
license or commercial driver's license.
(7) A commercial driver learner's permit holder must be
accompanied at all times by a CDL holder who has a valid
commercial driver's license with the proper class and
endorsements necessary to operate the vehicle being driven.
The CDL holder must, at all times, be physically present in
the front seat of the vehicle next to the commercial driver
learner's permit holder or, in the case of a bus or passenger
vehicle, directly behind or in the first row behind the
driver and must have the commercial driver learner's permit
holder under observation and direct supervision.
(8) A commercial driver learner's permit holder with a
passenger or school bus endorsement is prohibited from
operating a vehicle carrying a passenger other than Federal
or State auditors and inspectors, test examiners, other
trainees and the CDL holder accompanying the commercial
driver learner's permit holder.
(9) A commercial driver learner's permit holder with a
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tank endorsement may only operate an empty tank vehicle and
is prohibited from operating a tank vehicle that previously
contained hazardous materials that has not been purged of any
residue.
(10) An applicant for a commercial driver learner's
permit must be at least 18 years of age.
(11) A commercial driver learner's permit holder is
prohibited from operating a commercial motor vehicle if the
vehicle is transporting hazardous materials and is required
to be placarded in accordance with department regulations.
* * *
Section 4. Section 1608(a) of Title 75 is amended and the
section is amended by adding a subsection to read:
§ 1608. Nonresident CDL.
(a) Issuance of nonresident CDL.--The department may issue a
nonresident CDL to a resident of a foreign jurisdiction. [if the
United States Secretary of Transportation has determined that
the commercial motor vehicle testing and licensing standards in
the foreign jurisdiction do not meet the testing standards
established in Federal regulations.] The following apply:
(1) The word ["nonresident"] "nondomiciled" shall appear
on the face of the nonresident CDL.
(2) An applicant shall surrender any nonresident CDL
issued by another state.
(3) Prior to issuing a nonresident CDL, the department
shall establish the practical capability of revoking,
suspending or canceling the nonresident CDL and disqualifying
the commercial motor vehicle driving privilege of that
person.
* * *
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(c) Waiver of testing requirement.--The department may issue
a nonresident CDL to a resident of a foreign jurisdiction
without requiring additional testing if the driver possesses a
valid CDL issued by another state or by the foreign jurisdiction
of the driver and the United States Secretary of Transportation
has determined that the commercial motor vehicle testing and
licensing standards in the foreign jurisdiction meet the testing
standards established in Federal regulations.
Section 5. Section 1610(b)(2) of Title 75 is amended and the
subsection is amended by adding a paragraph to read:
§ 1610. Commercial driver's license.
* * *
(b) Classifications, endorsements and restrictions.--
* * *
(2) The following codes shall be used as required to
describe the commercial driver's license endorsements [and
restrictions]. Additional endorsements [and restrictions] may
be added by regulation for use on the commercial driver's
license:
[A - Restricts the driver to driving under 49 CFR §
391.62(c) (relating to limited exemptions for
intra-city zone drivers).
G - Indicates qualification under 49 CFR §
391.62(e).]
H - Authorizes the driver to operate a vehicle
transporting hazardous materials.
[L - Restricts the driver to vehicles not equipped
with air brakes.]
N - Authorizes driving tank vehicles.
P - Authorizes driving vehicles carrying passengers.
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[Q - Requires the driver to wear corrective lenses.]
S - Authorizes the driver to operate a school bus.
T - Authorizes driving double and triple trailers.
[V - Indicates that the driver has been issued a
medical variance.]
X - Represents a combination of hazardous materials
and tank vehicle endorsements.
[Y - Requires the driver to wear a hearing aid.]
(3) The following codes shall be used as required to
describe the commercial driver's license restrictions.
Additional restrictions may be added by regulation for use on
the commercial driver's license:
A - Restricts the driver to driving under 49 CFR §
391.62(c) (relating to limited exemptions for intra-city
zone drivers).
E - Prohibits driving a commercial motor vehicle
equipped with a manual transmission.
G - Indicates qualification under 49 CFR § 391.62(e).
K - Restricts driver to intrastate driving.
L - Prohibits driving a commercial motor vehicle
equipped with air brakes.
M - Prohibits driving a Class A passenger vehicle.
N - Prohibits driving a Class A or Class B passenger
vehicle.
O - Prohibits driving a truck tractor-trailer
combination.
P - Prohibits driving a commercial motor vehicle bus
containing passengers.
Q - Requires the driver to wear corrective lenses.
V - Indicates that the driver has been issued a
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medical variance.
X - Prohibits tank vehicles from carrying cargo.
Y - Requires the driver to wear a hearing aid.
Z - Prohibits driving a commercial motor vehicle with
full air brakes.
* * *
Section 6. Section 1611 of Title 75 is amended by adding
subsections to read:
§ 1611. Disqualification.
* * *
(o) Fraud disqualification.--The department shall disqualify
an individual from driving a commercial motor vehicle for one
year upon receiving a certified record of the driver's
conviction of fraud relating to the issuance of a commercial
driver learner's permit or commercial driver's license, and the
commercial driver's license designation shall be removed from
the driver's license. Unless otherwise ineligible, a driver may
apply for a commercial driver learner's permit upon restoration
of the operating privilege.
(p) Retest disqualification.--The department shall
disqualify an individual from driving a commercial motor vehicle
if the individual fails to take and pass a retest required under
section 1607(a)(8) (relating to commercial driver's license
qualification standards). A driver disqualified under section
1607(a)(8) must reapply for a commercial driver learner's permit
under the procedures applicable to all commercial driver
learner's permit applicants.
Section 7. This act shall take effect in 60 days.
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