PRIOR PRINTER'S NOS. 987, 1521 PRINTER'S NO. 1882
No. 869 Session of 1975
INTRODUCED BY MESSRS. LaMARCA, RENWICK, WESTERBERG, BUTERA,
RYAN, RITTER, JOHNSON, DOMBROWSKI, BELLOMINI, D. S. HAYES,
CUMBERLAND, SPENCER, MYERS AND HOPKINS, MARCH 19, 1975
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 1, 1975
AN ACT
1 Amending the act of April 29, 1959 (P.L.58, No.32), entitled "An
2 act consolidating and revising the Vehicle Code, the Tractor
3 Code, the Motor Vehicle Financial Responsibility Act and
4 other acts relating to the ownership, possession and use of
5 vehicles and tractors," creating additional classes of
6 commercial motor vehicles and truck tractors, prescribing
7 registration fees therefor, prescribing maximum gross weights
8 of combinations of which such additional classes are a part,
9 and changing penalties; PROVIDING FOR THE DEPARTMENT OF <--
10 TRANSPORTATION TO CONSTRUCT STATIONARY SCALES AND BUILDINGS
11 TO HOUSE SUCH SCALES ON THE INTERSTATE HIGHWAY SYSTEM;
12 AUTHORIZING THE STATE POLICE TO HAVE CERTAIN VEHICLES AND
13 TRACTORS WEIGHED AT DEPARTMENT OF TRANSPORTATION STATIONARY
14 SCALES ON THE INTERSTATE HIGHWAY SYSTEM FOR VIOLATIONS
15 THEREON; MAKING PROVISION FOR DISTRIBUTION OF CERTAIN FINES,
16 PENALTIES AND FORFEITED BAIL AND PROVIDING FOR DIFFERENT
17 EFFECTIVE DATES AND GRANTING THE SECRETARY THE POWER TO
18 EXCLUDE CERTAIN VEHICLES FROM CERTAIN HIGHWAYS.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section SUBSECTION (A) OF SECTION 704, act of <--
22 April 29, 1959 (P.L.58, No.32), known as "The Vehicle Code,"
23 amended December 30, 1974 (No.332), is amended to read:
24 Section 704. Commercial Motor Vehicles, School Buses and
25 Truck Tractors.--
1 (a) The fee for annual registration of a commercial motor
2 vehicle (except a school bus) or truck tractor with pneumatic
3 tires shall be determined by its registered gross weight,
4 according to the following table:
5 Registered Gross
6 Class. Weight in Pounds. Fee.
7 1 5,000 $ 26.00
8 2 7,000 36.00
9 3 9,000 52.00
10 4 11,000 64.00
11 5 14,000 80.00
12 6 17,000 100.00
13 7 21,000 136.00
14 8 26,000 168.00
15 9 30,000 200.00
16 10 33,000 230.00
17 11 36,000 260.00
18 12 40,000 290.00
19 13 44,000 315.00
20 14 48,000 345.00
21 15 52,000 380.00
22 16 56,000 410.00
23 17 60,000 440.00
24 18 64,000 470.00
25 19 68,000 500.00
26 20 73,280 535.00
27 21 76,000 608.00
28 22 78,000 624.00
29 23 78,500 628.00
30 24 79,000 632.00
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1 25 80,000 640.00
2 * * *
3 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
4 SECTION 901.1. CONSTRUCTION OF WEIGH STATIONS.--THE
5 DEPARTMENT OF TRANSPORTATION IN ACCORD WITH APPROPRIATIONS MADE
6 BY THE GENERAL ASSEMBLY, AND GRANTS OF FUNDS FROM FEDERAL,
7 STATE, REGIONAL, LOCAL OR PRIVATE AGENCIES, SHALL HAVE THE
8 POWER, AND ITS DUTY SHALL BE TO CONSTRUCT STATIONARY SCALES AND
9 PLACES TO HOUSE SUCH SCALES ON THE INTERSTATE HIGHWAY SYSTEM FOR
10 THE PURPOSE OF CHECKING VEHICLE AND TRACTOR WEIGHT VIOLATIONS OF
11 THIS ACT ON SUCH HIGHWAY SYSTEM. THE DEPARTMENT SHALL NOT
12 ESTABLISH A SCALE ON AN INTERSTATE HIGHWAY WITHIN A TWO (2) MILE
13 RADIUS OF WHERE ANOTHER SCALE IS AVAILABLE ON A TWENTY-FOUR (24)
14 HOUR BASIS.
15 Section 2. 3. Subsections (a) and (f.1) of section 903, <--
16 amended March 3, 1970 (P.L.88, No.39), are amended to read:
17 Section 903. Maximum Allowed Gross, Axle and Wheel Weights
18 of Vehicles and Tractors.--
19 (a) No motor vehicle, and no combination of which a motor
20 vehicle is a part, shall, when operated upon a highway, have a
21 gross weight exceeding [seventy-three thousand two hundred
22 eighty (73,280)] eighty thousand (80,000) pounds.
23 * * *
24 (f.1) Whenever [two (2) vehicles are used or operated as] a
25 combination of a type described in the following table is
26 operated on any highway, the gross weight of the combination
27 shall not exceed the sum of the [maximum] registered gross
28 weights[, allowed for] of the respective vehicles comprising the
29 combination and, in addition, the gross weight of the
30 combination shall not exceed the gross weight specified as
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1 follows:
2 Maximum
3 Gross Weight
4 Combination. In Pounds.
5 Two-axle truck tractor and single-axle semi-trailer.... 50000
6 Two-axle truck tractor and two-axle semi-trailer....... 60000
7 Two-axle commercial motor vehicle and two-axle trailer 62000
8 [Whenever necessary for the protection of any highway or for
9 the safety of traffic thereon, the Secretary of Highways shall
10 have power to limit the maximum gross weight of combinations of
11 vehicles operated thereon, which limitation shall be designated
12 on official signs placed on such highway at its intersections
13 with highways on which heavier maximum gross weights are
14 permitted.]
15 * * *
16 Section 3. 4. Section 903 of the act is amended by adding <--
17 subsections to read:
18 Section 903. Maximum Allowed Gross, Axle and Wheel Weights
19 of Vehicles and Tractors.--
20 * * *
21 (f.2) Whenever a combination having a registered gross
22 weight in excess of seventy-three thousand two hundred eighty
23 (73,280) pounds is operated upon a highway, the maximum gross
24 weight allowed shall be whichever is the lesser of (1) its
25 registered gross weight or (2) the maximum gross weight for
26 which it qualifies, according to the number of its axles and the
27 distance between centers of its foremost and rearmost axles, as
28 specified in the following table:
29 Minimum Number of Axles and Maximum
30 Minimum Distance Between Gross Weight
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1 Axle Centers In Pounds
2 5 axles and 45 feet, or
3 6 axles and 37 feet 76,000
4 5 axles and 48 feet, or
5 6 axles and 40 feet 78,000
6 5 axles and 49 feet, or
7 6 axles and 41 feet 78,500
8 5 axles and 50 feet, or
9 6 axles and 42 feet 79,000
10 5 axles and 51 feet, or
11 6 axles and 43 feet 80,000
12 If a combination having a registered gross weight in excess
13 of seventy-three thousand two hundred eighty (73,280) pounds is
14 operated upon a highway with a distance between centers of its
15 foremost and rearmost axles of less than forty-five (45) feet in
16 the case of a five (5) axle combination or less than thirty-
17 seven (37) feet in the case of a six (6) axle combination, the
18 maximum gross weight allowed for the purpose of determining the
19 penalty shall be seventy-three thousand two hundred eighty
20 (73,280) pounds.
21 (f.3) Whenever necessary for the protection of any highway
22 or for the safety of traffic thereon, the Secretary of
23 Transportation shall have power to limit the maximum gross
24 weight of combinations of vehicles operated thereon, which
25 limitation shall be designated on official signs placed on such
26 highway at its intersections with highways on which heavier
27 maximum gross weights are permitted.
28 * * *
29 Section 4. 5. The first and second paragraphs of the penalty <--
30 clause of section 903 of the act, amended March 3, 1970 (P.L.88,
19750H0869B1882 - 5 -
1 No.39), are amended to read:
2 Section 903. Maximum Allowed Gross, Axle and Wheel Weights
3 of Vehicles and Tractors.--
4 * * *
5 Penalty.--Any person operating upon any highway any vehicle
6 or combination, [upon any highway, with a gross weight exceeding
7 the maximum gross weight allowed therefor by] in violation of
8 subsection (a); or any combination with a registered gross
9 weight in excess of seventy-three thousand two hundred eighty
10 (73,280) pounds, in violation of subsection (f.2); or any other
11 vehicle or combination, with a gross weight exceeding by more
12 than three (3) percent the maximum gross weight allowed therefor
13 by subsection (b), (c), (d) or (f.1); or any vehicle or
14 combination, with an axle or wheel weight exceeding by more than
15 three (3) percent the maximum axle or wheel weight allowed
16 therefor by subsection (g) or (h); shall, upon summary
17 conviction before a magistrate, be sentenced to pay the costs of
18 prosecution and a fine for all excess above the maximum weight
19 allowed according to the following table:
20 The fine
21 If the excess is shall be
22 Not over 3,000 pounds, $ 60.00
23 Over 3,000 pounds, but not over 3,500 pounds, 120.00
24 Over 3,500 pounds, but not over 4,000 pounds, 140.00
25 Over 4,000 pounds, but not over 4,500 pounds, 240.00
26 Over 4,500 pounds, but not over 5,000 pounds, 270.00
27 Over 5,000 pounds, but not over 5,500 pounds, 400.00
28 Over 5,500 pounds, but not over 6,000 pounds, 440.00
29 Over 6,000 pounds, but not over 6,500 pounds, 600.00
30 If the excess is over six thousand five hundred (6,500)
19750H0869B1882 - 6 -
1 pounds, the fine shall be six hundred dollars ($600.00) plus
2 fifty dollars ($50.00) for each additional five hundred (500)
3 pounds, or part thereof, over such six thousand five hundred
4 (6,500) pounds: Provided, That [in any case in which the gross
5 weight of a combination] if the violation is of subsection (a)
6 or (f.2), or if the violation is of subsection (b), (c), (d) or
7 (f.1) and the gross weight exceeds seventy-three thousand two
8 hundred eighty (73,280) pounds, the fine shall be double the
9 amount determined as hereinabove prescribed for other weight
10 violations: And provided further, That in any case, in which
11 there shall be concurrent violations of more than one (1) of the
12 subsections of this section prescribing maximum weights, the
13 penalty imposed shall be for violation of that subsection which
14 produces the greatest fine, but no penalty shall be imposed for
15 violation of any other such subsection.
16 * * *
17 SECTION 6. SUBSECTION (A) OF SECTION 904 OF THE ACT, AMENDED <--
18 AUGUST 27, 1965 (P.L.416, NO.213) AND AUGUST 27, 1965 (P.L.418,
19 NO.214), IS AMENDED TO READ:
20 SECTION 904. OFFICERS MAY WEIGH VEHICLES OR TRACTORS.--(A)
21 ANY PEACE OFFICER WHO SHALL BE IN UNIFORM, AND SHALL EXHIBIT HIS
22 BADGE OR OTHER SIGN OF AUTHORITY, HAVING REASON TO BELIEVE THAT
23 THE GROSS WEIGHT OF A VEHICLE OR COMBINATION OF VEHICLES OR A
24 TRACTOR OR THE WEIGHT UPON ANY AXLE OR PAIR OF AXLES THEREOF IS
25 UNLAWFUL, IS AUTHORIZED TO WEIGH THE SAME BY MEANS OF [EITHER A
26 PORTABLE OR] A STATIONARY SCALE OR MAY REQUIRE THAT SUCH VEHICLE
27 OR COMBINATION OF VEHICLES OR TRACTOR BE DRIVEN TO THE NEAREST
28 STATIONARY SCALE IN THE EVENT SUCH SCALE IS WITHIN A DISTANCE OF
29 TWO (2) MILES EXCEPT WHEN THE ALLEGED VIOLATION OCCURS ON A
30 HIGHWAY IN THE INTERSTATE HIGHWAY SYSTEM IN WHICH CASE THE
19750H0869B1882 - 7 -
1 PROVISIONS OF SECTION 904.2 SHALL APPLY.
2 * * *
3 PENALTY.--ANY OPERATOR WHO SHALL FAIL, NEGLECT OR REFUSE TO
4 COMPLY WITH THE REQUIREMENTS OF A PEACE OFFICER GIVEN PURSUANT
5 TO THE PROVISIONS OF THIS SECTION, SHALL, UPON SUMMARY
6 CONVICTION BEFORE A MAGISTRATE, BE SENTENCED TO PAY A FINE OF
7 ONE HUNDRED DOLLARS ($100.00) AND COSTS OF PROSECUTION, AND, IN
8 DEFAULT OF THE PAYMENT THEREOF, SHALL UNDERGO IMPRISONMENT FOR
9 NOT MORE THAN THIRTY (30) DAYS. IN ADDITION TO THE FOREGOING
10 PENALTY, THE SECRETARY MAY SUSPEND THE OPERATING PRIVILEGE OF
11 THE OPERATOR FOR A PERIOD OF THIRTY (30) DAYS.
12 SECTION 7. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
13 SECTION 904.2. DEPARTMENT OF TRANSPORTATION TO MAINTAIN
14 STATIONARY SCALES AND INSPECTION POINTS ON THE INTERSTATE
15 HIGHWAY SYSTEM; STATE POLICE MAY WEIGH VEHICLES OR TRACTORS.--
16 (A) THE DEPARTMENT OF TRANSPORTATION SHALL MAINTAIN ON THE
17 INTERSTATE HIGHWAY SYSTEM AT POINTS WHICH IT DEEMS NECESSARY,
18 STATIONARY SCALES FOR THE PURPOSE OF CHECKING VEHICLE AND
19 TRACTOR WEIGHT VIOLATIONS.
20 (B) STATE POLICE OFFICERS, HAVING REASON TO BELIEVE THAT THE
21 GROSS WEIGHT OF A VEHICLE OR COMBINATION OF VEHICLES OR A
22 TRACTOR OR THE WEIGHT UPON ANY AXLE OR PAIR OF AXLES THEREOF IS
23 UNLAWFUL, ARE AUTHORIZED TO WEIGH THE SAME ON A SCALE PROVIDED
24 FOR IN SUBSECTION (A) WHEN THE ALLEGED VIOLATION OCCURS ON A
25 HIGHWAY IN THE INTERSTATE HIGHWAY SYSTEM IN THE EVENT THE SCALE
26 IS WITHIN A DISTANCE OF TWO (2) MILES.
27 SECTION 8. SECTION 1101 OF THE ACT IS AMENDED BY ADDING A
28 SUBSECTION TO READ:
29 SECTION 1101. WHEN AUTHORITIES MAY RESTRICT RIGHT TO USE
30 HIGHWAYS.
19750H0869B1882 - 8 -
1 * * *
2 (C) WHENEVER NECESSARY FOR THE SAFE AND EXPEDITIOUS TRAVEL
3 OF TRAFFIC, THE SECRETARY OF TRANSPORTATION MAY EXCLUDE CERTAIN
4 TYPES AND CLASSES OF VEHICLES, INCLUDING TRAILERS AND SEMI-
5 TRAILERS, FROM ANY HIGHWAY WHEN THERE ARE ALTERNATE ROUTES
6 AVAILABLE FOR SUCH EXCLUDED VEHICLES. SUCH EXCLUSION SHALL NOT
7 APPLY TO THOSE VEHICLES WHICH MUST USE THE DESIGNATED STRETCH OF
8 HIGHWAY FOR LOCAL DELIVERIES. ANY CLASS OR TYPE OF VEHICLE
9 EXCLUDED FROM ANY HIGHWAY UNDER THIS SUBSECTION SHALL BE
10 DESIGNATED AS EXCLUDED ON OFFICIAL SIGNS TO BE POSTED ON SUCH
11 HIGHWAYS AT THEIR INTERSECTION WITH ALTERNATE ROUTES.
12 PENALTY.--ANY PERSON REFUSING TO UNLOAD EXCESS WEIGHT WHEN SO
13 ORDERED BY A PEACE OFFICER IN UNIFORM, OR VIOLATING ANY OF THE
14 OTHER PROVISIONS OF THIS SECTION, OR VIOLATING ANY ORDINANCE,
15 RESOLUTION OR RULING PROMULGATED UNDER THE PROVISIONS OF THIS
16 SECTION, SHALL, UPON SUMMARY CONVICTION BEFORE A MAGISTRATE, BE
17 SENTENCED TO PAY A FINE OF FIFTY DOLLARS ($50.00) AND COSTS OF
18 PROSECUTION, AND, IN DEFAULT OF THE PAYMENT THEREOF, SHALL
19 UNDERGO IMPRISONMENT FOR NOT MORE THAN FIVE (5) DAYS: PROVIDED,
20 HOWEVER, THAT THIS PENALTY SHALL NOT APPLY TO THE OPERATION OF
21 TRACTORS.
22 SECTION 9. SUBSECTION (A) OF SECTION 1301 OF THE ACT,
23 AMENDED DECEMBER 30, 1974 (NO.332), IS AMENDED TO READ:
24 SECTION 1301. DISPOSITION OF FINES AND FORFEITURES.--
25 (A) ALL FINES AND PENALTIES COLLECTED UNDER THE PROVISIONS
26 OF THIS ACT FOR VIOLATIONS OF THE SAME, AND ALL BAIL FORFEITED
27 UNDER SAID PROVISIONS, SHALL BE PAID TO THE DEPARTMENT, AND
28 TRANSMITTED TO THE STATE TREASURY, AND CREDITED TO THE "GENERAL
29 FUND," EXCEPT THOSE COLLECTED FOR VIOLATIONS OF THE PROVISIONS
30 OF SECTIONS 903, 905, 1002, 1011, 1015, 1016, 1019, 1021, 1028,
19750H0869B1882 - 9 -
1 1030, 1042 AND 1043 OF THIS ACT, COMMITTED WITHIN CITIES,
2 BOROUGHS, INCORPORATED TOWNS AND TOWNSHIPS, OTHER THAN THOSE
3 COMMITTED ON INTERSTATE HIGHWAYS AND THE PENNSYLVANIA TURNPIKE
4 AND EXTENSIONS, WHICH FINES AND PENALTIES AND ALL BAIL FORFEITED
5 SHALL BE PAID TO THE TREASURER OF THE CITY, BOROUGH,
6 INCORPORATED TOWN OR TOWNSHIP, WHEREIN THE VIOLATION OCCURRED,
7 AND EXCEPT THOSE COLLECTED FOR VIOLATIONS OF THE PROVISIONS AS
8 TO WEIGHT, INCLUDING VIOLATIONS OF SECTION 904 WHICH FINES,
9 PENALTIES AND FORFEITED BAIL SHALL BE PAID TO THE TREASURER OF
10 THE CITY, BOROUGH, INCORPORATED TOWN OR TOWNSHIP WHEREIN THE
11 VIOLATION OCCURRED. ALL FINES, PENALTIES AND FORFEITED BAIL
12 COLLECTED FOR VIOLATIONS OF THE PROVISIONS OF SECTION 904.2
13 SHALL BE PAID TO THE STATE TREASURER AND CREDITED TO THE MOTOR
14 LICENSE FUND. ALL SUCH FINES AND PENALTIES COLLECTED FOR
15 VIOLATIONS OF SECTION 1002 COMMITTED ANYWHERE ON INTERSTATE
16 HIGHWAYS AND THE PENNSYLVANIA TURNPIKE AND EXTENSIONS SHALL BE
17 PAID TO THE DEPARTMENT AND TRANSMITTED TO THE STATE TREASURY AND
18 CREDITED TO THE MOTOR LICENSE FUND. ALL MONEYS PAID TO ANY SUCH
19 CITY, BOROUGH, INCORPORATED TOWN OR TOWNSHIP, UNDER THE
20 PROVISIONS OF THIS SECTION SHALL BE USED FOR THE CONSTRUCTION,
21 REPAIR AND MAINTENANCE OF THE HIGHWAYS THEREOF: PROVIDED, THAT
22 ALL FINES AND PENALTIES COLLECTED, AND ALL BAIL FORFEITED FOR
23 VIOLATIONS OF THE PROVISIONS OF SECTION 1037, SHALL BE PAID TO
24 THE TREASURER OF THE COUNTY WHEREIN THE VIOLATION OCCURRED, TO
25 BE USED BY SUCH COUNTY FOR THE PAYMENT OF PHYSICIANS' FEES FOR
26 THE EXAMINATION OF PERSONS ACCUSED OF VIOLATING THE PROVISIONS
27 OF THE SAID SECTION. ANY BALANCE REMAINING IN THE TREASURY OF
28 THE COUNTY AT THE EXPIRATION OF THE CALENDAR YEAR AND NOT
29 PAYABLE FOR PHYSICIANS' SERVICES RENDERED, SHALL BE USED FOR
30 COUNTY HIGHWAY AND BRIDGE PURPOSES.
19750H0869B1882 - 10 -
1 * * *
2 SECTION 10. EXCEPT FOR THE PROVISIONS OF SECTION 704 AND
3 SECTION 903 IN SO FAR AS THESE TWO SECTIONS PERMIT CERTAIN
4 WEIGHT INCREASES TO OCCUR, THIS ACT SHALL TAKE EFFECT
5 IMMEDIATELY. THE PROVISIONS OF SECTION 704 AND SECTION 903
6 PERMITTING CERTAIN WEIGHT INCREASES TO OCCUR, SHALL NOT TAKE
7 EFFECT UNTIL THE DEPARTMENT OF TRANSPORTATION CONSTRUCTS AND HAS
8 OPERATING WEIGH STATIONS AT SUCH POINTS AS THE SECRETARY OF
9 TRANSPORTATION DETERMINES AT WHICH TIME THE NEW WEIGHT
10 LIMITATIONS SHALL PREVAIL ON THE INTERSTATE HIGHWAY SYSTEM AND
11 SUCH OTHER HIGHWAYS AS DESIGNATED BY THE SECRETARY OF
12 TRANSPORTATION.
13 Section 5. 11. This act shall take effect immediately. <--
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