Regular Session 2015-2016 Senate Bill 1108 P.N. 1752

HOUSE AMENDED

PRIOR PRINTER'S NO. 1503

PRINTER'S NO. 1752

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1108

Session of

2015

INTRODUCED BY SCAVELLO, RAFFERTY, STEFANO, EICHELBERGER,

TARTAGLIONE, SCHWANK, BROOKS, BARTOLOTTA, MENSCH AND

VULAKOVICH, JANUARY 15, 2016

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF

REPRESENTATIVES, MAY 3, 2016

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in general provisions, further providing for

definitions; in licensing of drivers, further providing for

classes of licenses and for examination of applicant for

driver's license; in special vehicles and pedestrians,

providing for certain passengers prohibited in autocycles;

and, in accidents and accident reports, further providing for

accident report forms and for department to compile, tabulate

and analyze accident reports.; AND, IN SIZE, WEIGHT AND LOAD,

FURTHER PROVIDING FOR PERMIT FOR MOVEMENT DURING COURSE OF

MANUFACTURE.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "motorcycle" in section 102 of

Title 75 of the Pennsylvania Consolidated Statutes is amended

and the section is amended by adding a definition to read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

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

* * *

"Autocycle." A three-wheeled motorcycle that has a steering

wheel and seating that does not require the operator to straddle

or sit astride.

* * *

"Motorcycle." A motor vehicle having a seat or saddle for

the use of the rider and:

(1) designed to travel on not more than three wheels in

contact with the ground; or

(2) designed to travel on two wheels in contact with the

ground which is modified by the addition of two stabilizing

wheels on the rear of the motor vehicle.

The term includes an autocycle.

* * *

Section 2. Section 1504(c) and (d) of Title 75 are amended

to read:

§ 1504. Classes of licenses.

* * *

(1) The department shall establish by regulation the

qualifications necessary for the safe operation of the

various types, sizes or combinations of vehicles and the

manner of examining applicants to determine their

qualifications for the type or general class of license

applied for.

(2) The qualifications for the safe operation of an

autocycle shall be the same as for any single vehicle with a

gross vehicle weight rating of not more than 26,000 pounds or

any combination of vehicles that does not meet the definition

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of either Class A or Class B of this section.

(d) Number and description of classes.--Licenses issued by

the department shall be classified in the following manner:

(1) Class A.--A Class A license shall be issued to those

persons 18 years of age or older who have demonstrated their

qualifications to operate any combination of vehicles with a

gross vehicle weight rating of 26,001 pounds or more,

provided the gross vehicle weight rating of the vehicle or

vehicles being towed is in excess of 10,000 pounds.

(i) The holder of a Class A license shall be deemed

qualified to operate those vehicles for which a Class B

or Class C license is issued.

(ii) Where required under this title, appropriate

endorsements must be obtained.

(2) Class B.--A Class B license shall be issued to those

persons 18 years of age or older who have demonstrated their

qualifications to operate any single vehicle with a gross

vehicle weight rating of 26,001 pounds or more or any such

vehicle towing a vehicle having a gross vehicle weight rating

of not more than 10,000 pounds.

(i) The holder of a Class B license shall be deemed

qualified to operate those vehicles for which a Class C

license is issued.

(ii) Where required under this title, appropriate

endorsements must be obtained.

(3) Class C.--A Class C license shall be issued to those

persons 18 years of age or older, except as provided in

section 1503 (relating to persons ineligible for licensing;

license issuance to minors; junior driver's license), who

have demonstrated their qualifications to operate any single

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vehicle, except those vehicles requiring a Class M

qualification, with a gross vehicle weight rating of not more

than 26,000 pounds or any combination of vehicles, except

combination vehicles involving motorcycles, that does not

meet the definition of either Class A or Class B of this

section.

(i) Where required under this title, appropriate

endorsements must be obtained.

(ii) Any firefighter who is the holder of a Class C

license and who has a certificate of authorization from

his fire chief shall be authorized to operate any fire or

emergency vehicle registered to the fire department or

municipality, regardless of the other requirements of

this section as to the class of license required. No fire

chief, fire department, including any volunteer fire

company, or municipality shall be liable for any civil

damages as a result of the issuance of a certificate

authorized under this paragraph unless such act

constituted a crime, actual fraud, actual malice or

willful misconduct.

(iii) Any member of a rescue or emergency squad who

is the holder of a Class C license and who has a

certificate of authorization from the head of the rescue

or emergency squad shall be authorized to operate any

rescue or emergency vehicle equipped with audible and

visual signals registered to the rescue or emergency

squad or municipality, regardless of the other

requirements of this section as to the class of license

required. No head of a rescue or emergency squad, the

rescue or emergency squad or municipality shall be liable

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for any civil damages as a result of the issuance of a

certificate of authorization under this paragraph unless

such issuance constituted a crime, actual fraud, actual

malice or willful misconduct.

(iv) The holder of a Class C license shall also be

authorized to drive a motor-driven cycle with an

automatic transmission and cylinder capacity not

exceeding 50 cubic centimeters [or], a three-wheeled

motorcycle equipped with an enclosed cab or an autocycle,

but not a motorcycle unless the license is endorsed, as

provided in this title.

(4) Class M.--

(i) A Class M license shall be issued to those

persons who have demonstrated their qualifications to

operate a motorcycle. A Class M license accompanied by an

endorsement shall be issued to those persons who have

demonstrated their qualifications to operate a motor-

driven cycle. If a person is qualified to operate only a

motorcycle or motor-driven cycle, he shall be issued only

a Class M license or a Class M license with an

endorsement, as applicable.

(ii) This paragraph shall not apply to an autocycle.

* * *

Section 3. Section 1508 of Title 75 is amended by adding a

subsection to read:

§ 1508. Examination of applicant for driver's license.

* * *

(g) Autocycles not to be used.--No applicant for a driver's

license may use an autocycle for the actual demonstration of

ability to exercise ordinary and reasonable control in the

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operation of a motor vehicle of the type or class of vehicles

for which the applicant desires a license to drive.

Section 4. Title 75 is amended by adding a section to read:

§ 3527. Certain passengers prohibited in autocycles.

No person who is operating an autocycle may permit a child

who is under eight years of age to be a passenger in the

autocycle if the child would be required to be secured in a

passenger car as provided in section 4581 (relating to restraint

systems).

Section 5. Sections SECTION 3752(a) and 3753(b) of Title 75

are IS amended by adding a paragraph to read:

§ 3752. Accident report forms.

(a) Form and content.--The department shall prepare and upon

request supply to all law enforcement agencies and other

appropriate agencies or individuals, forms for written accident

reports as required in this subchapter suitable with respect to

the persons required to make the reports and the purposes to be

served. The written report forms shall call for sufficiently

detailed information to disclose with reference to a vehicle

accident the cause, conditions then existing and the persons and

vehicles involved, including separate information or data on

autocycles. Reports for use by the drivers and owners shall also

provide for information relating to financial responsibility.

* * *

SECTION 6. SECTION 3753(B) OF TITLE 75 IS AMENDED BY ADDING

A PARAGRAPH TO READ:

§ 3753. Department to compile, tabulate and analyze accident

reports.

* * *

(b) Central accident analysis system.--The department shall

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provide accident data for analysis in selecting crash prevention

programs and in evaluating the effectiveness of those programs

implemented. The system shall provide an annual report to the

General Assembly assessing traffic safety in Pennsylvania,

including, but not limited to, an analysis of accident

characteristics and mitigation strategies to reduce the

potential for future accidents. In addition, the system shall be

capable of providing:

* * *

(7) When information or data relating to motorcycles

appears or is used in the system, the information and data

shall be separated from information or data relating to other

types of motorcycles.

* * *

SECTION 7. SECTION 4968(A.2)(4) OF TITLE 75 IS AMENDED TO

READ:

§ 4968. PERMIT FOR MOVEMENT DURING COURSE OF MANUFACTURE.

* * *

(A.2) SPECIFICATIONS.--

* * *

(4) A COMBINATION OF VEHICLES WHICH IS HAULING MILK TO

OR FROM A MANUFACTURER MAY BE PERMITTED BY THE DEPARTMENT AND

LOCAL AUTHORITIES TO MOVE UPON HIGHWAYS WITHIN THEIR

RESPECTIVE JURISDICTIONS 24 HOURS A DAY, SEVEN DAYS A WEEK,

EXCEPT DURING INCLEMENT WEATHER AS DEFINED IN DEPARTMENT

REGULATIONS, IF THE GROSS WEIGHT DOES NOT EXCEED 95,000

POUNDS AND THE WEIGHT OF ANY NONSTEERING AXLE DOES NOT EXCEED

21,000 POUNDS. [NO] A PERMIT MAY BE ISSUED FOR THIS TYPE OF

MOVEMENT UPON AN INTERSTATE HIGHWAY. AN APPLICATION TO THE

DEPARTMENT FOR THE MOVEMENT OF MILK, EXCEPT FOR RAW MILK,

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SHALL DESIGNATE THE ROUTE THE APPLICANT REQUESTS TO USE.

* * *

Section 6 8. This act shall take effect as follows:

(1) This section shall take effect immediately.

(2) The amendment or addition of 75 Pa.C.S. §§ 3752(a)

and 3753(b)(7) shall take effect January 1, 2018.

(3) The remainder of this act shall take effect in 60

days.

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