PRIOR PRINTER'S NOS. 720, 2338, PRINTER'S NO. 2606
2422
No. 676 Session of 1989
INTRODUCED BY CORMAN, BELL, SHUMAKER, FISHER, HELFRICK,
SALVATORE, RHOADES, STOUT, ANDREZESKI, O'PAKE, STAPLETON,
LEWIS AND AFFLERBACH, MARCH 13, 1989
SENATE AMENDMENTS TO HOUSE AMENDMENTS, NOVEMBER 14, 1990
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for the definitions of "abandoned
3 vehicle" and "motor vehicle"; assigning development of high
4 speed intercity rail passenger service to the Pennsylvania <--
5 Turnpike Commission DEPARTMENT OF TRANSPORTATION; further <--
6 providing for tire equipment, for bumpers and for
7 promulgation of vehicle equipment standards; and providing
8 for the removal of vehicles abandoned on the Pennsylvania
9 Turnpike System.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The definitions of "abandoned vehicle" and "motor
13 vehicle" in section 102 of Title 75 of the Pennsylvania
14 Consolidated Statutes are amended to read:
15 § 102. Definitions.
16 Subject to additional definitions contained in subsequent
17 provisions of this title which are applicable to specific
18 provisions of this title, the following words and phrases when
19 used in this title shall have, unless the context clearly
20 indicates otherwise, the meanings given to them in this section:
1 "Abandoned vehicle."
2 (1) A vehicle (other than a pedalcycle) shall be
3 presumed to be abandoned under any of the following
4 circumstances, but the presumption is rebuttable by a
5 preponderance of the evidence:
6 (i) The vehicle is physically inoperable and is left
7 unattended on a highway or other public property for more
8 than 48 hours, or more than 24 hours when such vehicle is
9 located on the Pennsylvania Turnpike System.
10 (ii) The vehicle has remained illegally on a highway
11 or other public property for a period of more than 48
12 hours, or more than 24 hours when such vehicle is located
13 on the Pennsylvania Turnpike System.
14 (iii) The vehicle is left unattended on or along a
15 highway or other public property for more than 48 hours,
16 or more than 24 hours when such vehicle is located on the
17 Pennsylvania Turnpike System, and does not bear all of
18 the following:
19 (A) A valid registration plate.
20 (B) A certificate of inspection.
21 (C) An ascertainable vehicle identification
22 number.
23 (iv) The vehicle has remained on private property
24 without the consent of the owner or person in control of
25 the property for more than 48 hours.
26 (2) Vehicles and equipment used or to be used in
27 construction or in the operation or maintenance of highways
28 or public utility facilities, which are left in a manner
29 which does not interfere with the normal movement of traffic,
30 shall not be considered to be abandoned.
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1 * * *
2 "Motor vehicle." A vehicle which is self-propelled [except
3 one which]. The term does not include a vehicle that is
4 propelled solely by human power or by electric power obtained
5 from overhead trolley wires, but not operated upon rails, nor
6 does it include an electrical mobility device used for the
7 specific purpose of giving physically handicapped persons the
8 capability of transporting themselves when the device is used to
9 cross a highway within any marked crosswalk or within any
10 unmarked crosswalk at an intersection.
11 * * *
12 Section 2. Sections 4103 and 4525 of Title 75 are amended by
13 adding subsections to read:
14 § 4103. Promulgation of vehicle equipment standards.
15 * * *
16 (f) Standards for modified vehicles.--The department shall
17 promulgate regulations establishing standards for the operation
18 of motor vehicles with a modified chassis. The regulations shall
19 include, but not be limited to, vehicle height and weight,
20 suspension systems, bumpers, headlights and other lighting
21 equipment, brakes and brake lines, fuel tanks and any other
22 areas the department deems appropriate for the safe operation of
23 motor vehicles with a modified chassis.
24 § 4525. Tire equipment and traction surfaces.
25 * * *
26 (d.1) Tire width.--
27 (1) It is unlawful for any person to operate or move, or
28 cause or permit to be moved, any vehicle with tires that
29 extend beyond the body line of the vehicle. The installation
30 of add-on fender flares in order to extend the body line is
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1 permitted in accordance with department regulations.
2 (2) This subsection does not apply to any vehicle which
3 is operated under a permit issued in accordance with section
4 4969 (relating to permit for movement of vehicles with
5 oversize wheels and tires) or to vehicles registered as
6 street rods.
7 * * *
8 Section 3. Section 4536 of Title 75 is amended to read:
9 § 4536. Bumpers.
10 (a) General rule.--No person shall operate any vehicle upon
11 a highway without bumpers of a type specified by regulations of
12 the department in both the front and rear unless the vehicle was
13 originally designed and manufactured to be used without bumpers.
14 (b) Height restriction.--No person shall operate upon a
15 highway a vehicle which has been modified with respect to its
16 height from the ground unless the vehicle conforms to department
17 standards.
18 (c) Exception.--This section shall not apply to [any]
19 special mobile equipment [or implement of husbandry that is not
20 so equipped by the original manufacturer], implements of
21 husbandry or farm trucks as they were originally manufactured.
22 Section 4. Title 75 is amended by adding a section to read:
23 § 6116. High speed intercity system.
24 The Pennsylvania Turnpike Commission DEPARTMENT shall propose <--
25 and make recommendations for the establishment and operation of
26 a high speed intercity rail passenger system within this
27 Commonwealth connecting Philadelphia, Paoli, Lancaster,
28 Harrisburg, Lewistown, State College, Altoona, Johnstown,
29 Greensburg and Pittsburgh. The commission DEPARTMENT shall also <--
30 study the feasibility of adding connecting service from this
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1 main service line to the following areas: New Castle, Meadville,
2 Erie, Scranton, Wilkes Barre and Allentown.
3 Section 5. Section 7310 of Title 75 is amended by adding a
4 subsection to read:
5 § 7310. Removal of vehicles and spilled cargo from roadway.
6 * * *
7 (d) Removal from Turnpike System.--Notwithstanding the other
8 provisions of this section, any vehicle on the Pennsylvania
9 Turnpike System presumed to be abandoned pursuant to section 102
10 (relating to definitions) shall immediately be removed by, or at
11 the direction of, the Pennsylvania State Police to the contract
12 garage providing service for that area. In all cases, the
13 Pennsylvania State Police shall remove or direct removal of any
14 such vehicle within 24 hours of the time of the vehicle's
15 presumption of abandonment.
16 Section 6. To carry out the provisions of section 4, the <--
17 Pennsylvania Turnpike Commission 75 PA.C.S. § 6116 (RELATING TO <--
18 HIGH SPEED INTERCITY SYSTEM), THE DEPARTMENT OF TRANSPORTATION
19 shall solicit proposals from vendors interested in developing,
20 in conjunction with the commission DEPARTMENT, a high speed <--
21 intercity rail system within this Commonwealth. The commission <--
22 DEPARTMENT may employ such professional, technical and clerical <--
23 staff and engage the services of consultants as it deems
24 necessary to carry out its responsibilities under this act. The
25 commission DEPARTMENT shall make its final report under this act <--
26 no later than 12 months after receipt of the update of the
27 demand model from the Milrite Council, including preliminary <--
28 designation, if appropriate, of a vendor, adoption of a plan,
29 franchising agreement and a request for an appropriation from
30 the General Assembly to fund the program. This recommendation
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1 shall address the following specific areas and issues:
2 (1) The level of demand for high speed intercity rail
3 service in this Commonwealth as updated. by the Milrite <--
4 Council.
5 (2) The degree of high speed rail service required to
6 meet such demand.
7 (3) System, equipment, roadbed, right-of-way and other
8 technical and technological options.
9 (4) Location and extent of the specific routes in the
10 system.
11 (5) Cost of implementing the system.
12 (6) Socio-economic impact of the system; and value-
13 captured station sites.
14 (7) Financing, ownership and operating requirements for
15 the system in separate station sites.
16 Section 7. To carry out the provisions of section 4, the <--
17 Milrite Council shall complete 75 PA.C.S. § 6116 (RELATING TO <--
18 HIGH SPEED INTERCITY SYSTEM), THE DEPARTMENT OF TRANSPORTATION
19 SHALL PROVIDE FOR THE COMPLETION OF an update of the demand
20 model. and shall present it to the Pennsylvania Turnpike <--
21 Commission upon its completion.
22 Section 8. To carry out the provisions of section 4, the <--
23 Pennsylvania Turnpike Commission 75 PA.C.S. § 6116 (RELATING TO <--
24 HIGH SPEED INTERCITY SYSTEM), THE DEPARTMENT OF TRANSPORTATION
25 shall make at least annual reports of its activities and
26 recommendations with respect to this act to the General Assembly
27 and the Governor and shall meet at least ten FOUR times per year <--
28 with an oversight committee composed of the members of the
29 transportation committees of the Senate and House of
30 Representatives.
19890S0676B2606 - 6 -
1 Section 9. The sum of $150,000 $290,000,000 is hereby <--
2 appropriated to the Pennsylvania Turnpike Commission and the sum <--
3 of $140,000 is hereby appropriated to the Milrite Council
4 DEPARTMENT OF TRANSPORTATION to carry out the provisions of <--
5 section 4 of this act. 75 PA.C.S. § 6116 (RELATING TO HIGH SPEED <--
6 INTERCITY SYSTEM). Such appropriations shall not lapse. In
7 addition to the moneys appropriated in this section and such
8 other moneys as may be appropriated from time to time by the
9 General Assembly for its work, the commission DEPARTMENT is <--
10 authorized to make application for and expend such Federal
11 grants as may be available and may also receive and expend
12 contributions from other public, quasi-public or private sources
13 as may become available.
14 Section 10. This act shall take effect as follows:
15 (1) Section 1 (the definition of "motor vehicle" in
16 section 102) and this section shall take effect immediately.
17 (2) Sections 2 and 3 shall take effect in 180 days.
18 (3) The remainder of this act shall take effect in 60
19 days.
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