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HOUSE AMENDED
PRIOR PRINTER'S NOS. 790, 1186
PRINTER'S NO. 1264
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
748
Session of
2015
INTRODUCED BY ARGALL, SCAVELLO, BOSCOLA, SCHWANK, STEFANO,
CORMAN AND HUGHES, APRIL 21, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 21, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions relating to operation of
vehicles, further providing for obedience to authorized
persons directing traffic; and providing for drivers of
certified escort vehicles; in other required equipment,
further providing for identification of certain vehicles;
and, in size, weight and load, further providing for scope
and application of chapter and, for conditions of permits and
security for damages AND FOR PERMIT FOR MOVEMENT DURING
COURSE OF MANUFACTURE.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3102 of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3102. Obedience to authorized persons directing traffic.
No person shall willfully fail or refuse to comply with any
lawful order or direction of:
(1) any uniformed police officer, sheriff or constable
or, in an emergency, a railroad or street railway police
officer; [or]
(2) any appropriately attired person, including an agent
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or employee of the funeral director during a funeral,
authorized to direct, control or regulate traffic [or an];
(3) any employee who has been trained in traffic control
by a licensed and insured private security company and who is
acting in the scope of employment[.]; or
(4) any driver of a certified escort vehicle as defined
under section 3108 (relating to drivers of certified escort
vehicles) and who is acting in the capacity as a driver of a
certified escort vehicle.
Section 2. Title 75 is amended by adding a section to read:
§ 3108. Drivers of certified escort vehicles.
(a) General rule.--The driver of a certified escort vehicle
that is being operated to escort a super load must be certified
and licensed by the department and wear attire that complies
with 67 Pa. Code § 101.3(5) (relating to minimum attire).
(b) Criteria to be established.--Within one year of the
effective date of this section, the department shall establish
criteria for certified escort vehicles and for determining
certification and licensing of drivers of certified escort
vehicles within this Commonwealth and shall post the criteria on
the department's publicly accessible Internet website.
(c) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Certified escort vehicle." A vehicle that is operated to
escort a super load on a highway of this Commonwealth.
"Super load." A vehicle or combination or load having a
gross weight exceeding 201,000 pounds, a total length exceeding
160 feet or a total width exceeding 16 feet. The term does not
include any of the following:
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(1) A building under 67 Pa. Code § 179.11 (relating to
special vehicle-load restrictions).
(2) A vehicle or combination moved across the highway
under section 4965 (relating to single permits for multiple
highway crossings) or 4966 (relating to permit for movement
of quarry equipment).
(3) A drag line moved across a highway under permit.
Section 3. Sections 4573 and 4901(c) of Title 75 are amended
to read:
§ 4573. Identification of certain vehicles.
(a) Commercial tow trucks.--Any truck which is used
commercially to tow other motor vehicles shall have the name of
the business, or person, operating [such] the truck displayed on
signs on both sides of [such] the truck.
(b) Certified escort vehicle.--Any certified escort vehicle
which is used to escort a super load as defined in section 3108
(relating to drivers of certified escort vehicles) shall display
the department's certification emblem, may use flashing or
revolving yellow lights in accordance with sections 4572
(relating to visual signals on authorized vehicles) and 6107
(relating to designation of authorized vehicles by department)
and shall comply with other department regulations, including
those pertaining to pilot cars.
§ 4901. Scope and application of chapter.
* * *
(c) Permit authorizing prohibited movement.--If an
overweight or oversize movement cannot be made in any other
feasible manner, the permit may authorize the movement to be
made in contravention to any provision of this title provided
that:
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(1) the department or local authority determines that
the movement is in the public interest; and
(2) the movement is escorted by [the Pennsylvania State
Police, extra-duty Pennsylvania State Police or department
personnel. When the movement is escorted by extra-duty
Pennsylvania State Police or department personnel,] certified
escort vehicles as defined under section 3108 (relating to
drivers of certified escort vehicles) or the Pennsylvania
State Police and the following shall apply:
(i) [Approval must be obtained from the Pennsylvania
State Police or the department for the use of their
respective personnel.] The department, in consultation
with the Pennsylvania State Police, shall determine
whether a Pennsylvania State Police escort is necessary.
(ii) [The] If it is jointly determined by the
Pennsylvania State Police and the department that the
movement must be escorted by the Pennsylvania State
Police, the permittee shall bear the total costs of
escorting the movement.
* * *
Section 4. Section 4962(d) of Title 75 is amended and the
section is amended by adding a subsection to read:
§ 4962. Conditions of permits and security for damages.
* * *
(d) Special escort services.--The department or local
authorities shall specify what movements require special escort
services of the Pennsylvania State Police, local police or
department personnel as determined under section 4901(c)(2)
(relating to scope and application of chapter).
* * *
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(f.6) One certified escort vehicle.--
(1) A super load, as defined in section 3108(c)
(relating to drivers of certified escort vehicles), shall be
required to maintain one certified escort vehicle under
section 4573(b) (relating to identification of certain
vehicles) unless otherwise determined under section 4901(c)
that an additional certified escort vehicle or a Pennsylvania
State Police escort is necessary.
(2) The requirements of this subsection are in addition
to, not in lieu of, all other pilot car requirements for the
super load movement.
* * *
SECTION 5. SECTION 4968(A.1)(3) OF TITLE 75 IS AMENDED,
SUBSECTION (A.2) IS AMENDED BY ADDING A PARAGRAPH PARAGRAPHS AND
SUBSECTION (B) IS AMENDED BY ADDING A DEFINITION DEFINITIONS TO
READ:
§ 4968. PERMIT FOR MOVEMENT DURING COURSE OF MANUFACTURE.
(A.1) GENERAL RULE.--AN ANNUAL PERMIT MAY BE ISSUED
AUTHORIZING MOVEMENT ON SPECIFIED HIGHWAYS OF:
* * *
(3) AIRCRAFT REFUELING VEHICLES OR VEHICLES AND
COMBINATIONS CARRYING MILK, RAW COAL, FLAT-ROLLED STEEL
COILS, STEEL SLABS, HOT INGOTS, A HOT BOX, PULPWOOD AND WOOD
CHIPS, RAW WATER OR CRYOGENIC LIQUID OR SUGAR WHICH EXCEED
THE MAXIMUM WEIGHT SPECIFIED IN SUBCHAPTER C WHILE THEY ARE
IN THE COURSE OF MANUFACTURE AND UNDER CONTRACT WITH OR UNDER
THE DIRECT CONTROL OF THE MANUFACTURER, PROVIDED THAT THEY DO
NOT EXCEED THE MAXIMUM HEIGHT, WIDTH OR LENGTH SPECIFIED IN
SUBCHAPTER B UNLESS THEY ALSO QUALIFY UNDER PARAGRAPH (1),
SUBJECT TO THE PROVISIONS IN SUBSECTION (A.2).
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(A.2) SPECIFICATIONS.--
* * *
(14) A COMBINATION VEHICLE HAULING SUGAR MAY BE
PERMITTED BY THE DEPARTMENT AND LOCAL AUTHORITIES TO MOVE
UPON SPECIFIED HIGHWAYS WITHIN THEIR RESPECTIVE JURISDICTIONS
A DISTANCE NOT EXCEEDING FIVE MILES IF THE GROSS WEIGHT DOES
NOT EXCEED 95,000 POUNDS AND THE WEIGHT OF ANY NONSTEERING
AXLE DOES NOT EXCEED 21,000 POUNDS. NO PERMIT MAY BE ISSUED
FOR THIS TYPE OF MOVEMENT UPON AN INTERSTATE HIGHWAY.
(15) A COMBINATION VEHICLE WHICH IS HAULING ROCK SALT
FROM A MANUFACTURER MAY BE PERMITTED BY THE DEPARTMENT AND
LOCAL AUTHORITIES TO MOVE UPON HIGHWAYS WITHIN THEIR
RESPECTIVE JURISDICTIONS IF THE GROSS WEIGHT DOES NOT EXCEED
95,000 POUNDS. NO PERMIT MAY BE ISSUED FOR THIS TYPE OF
MOVEMENT UPON AN INTERSTATE HIGHWAY. AN APPLICATION TO THE
DEPARTMENT FOR THE MOVEMENT OF ROCK SALT SHALL DESIGNATE THE
ROUTE THE APPLICANT REQUESTS TO USE.
(B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION:
* * *
"ROCK SALT." THE TERM SHALL REFER TO SALT USED FOR DE-ICING
AND ANTI-ICING OF ROADWAYS.
"SUGAR." THE TERM SHALL REFER TO GRANULATED RAW, SEMI-
REFINED OR REFINED SUGAR DERIVED FROM THE PROCESSING OF SUGAR
CANE OR SUGAR BEETS, REQUIRING FURTHER PROCESSING AND NOT
INTENDED FOR DIRECT CONSUMPTION OR RETAIL SALE.
Section 5 6. This act shall take effect in 60 days.
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