PRINTER'S NO. 1114
No. 1006 Session of 1979
INTRODUCED BY LAUGHLIN, TADDONIO, KOLTER, PETRARCA, REED AND
KUKOVICH, APRIL 23, 1979
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 23, 1979
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing penalties upon shippers for offenses
3 involving overweight vehicles, and requiring load manifests.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 4945 of Title 75, act of November 25,
7 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, is amended to read:
9 § 4945. Penalties for exceeding maximum weights.
10 (a) Gross weight violations.--Any person operating a vehicle
11 or combination upon a highway exceeding the maximum gross weight
12 allowed by section 4941 (relating to maximum gross weight of
13 vehicles) or the registered gross weight allowed by section 4942
14 (relating to registered gross weight), whichever is less, is
15 guilty of a summary offense and shall, upon conviction, be
16 sentenced to pay a fine of $75 plus $75 for each 500 pounds, or
17 part thereof, in excess of 3,000 pounds over the maximum or
18 registered gross weight allowed. If the gross weight of any
1 vehicle or combination exceeds 73,280 pounds, the fine shall be
2 double the amount for other weight violations.
3 (b) Axle weight violation.--Subject to the provisions of
4 section 4982(c) (relating to reducing or readjusting loads of
5 vehicles), any person operating a vehicle or combination with a
6 weight on an axle or pair of axles exceeding the maximum axle
7 weights allowed by section 4943 (relating to maximum axle weight
8 of vehicles) is guilty of a summary offense and shall, upon
9 conviction, be sentenced to pay a fine of $100 plus $100 for
10 each 500 pounds, or part thereof, in excess of 2,000 pounds over
11 the maximum axle weight allowed.
12 (c) Wheel weight violation.--Any person operating a vehicle
13 or combination upon a highway exceeding the maximum wheel weight
14 allowed by section 4944 (relating to maximum wheel load) is
15 guilty of a summary offense and shall, upon conviction, be
16 sentenced to pay a fine of $100 plus $100 for each 200 pounds,
17 or part thereof, in excess of 200 pounds over the maximum wheel
18 weight allowed.
19 (d) Concurrent violations.--In any case in which there are
20 concurrent violations of more than one of the sections or
21 subsections of this subchapter prescribing maximum weights, the
22 only penalty imposed shall be for violation of that section or
23 subsection which produces the greatest fine.
24 (e) Penalty on shipper.--In addition to any penalty imposed
25 under subsection (a), (b) or (c), there is hereby imposed an
26 identical penalty upon any shipper who is responsible for
27 loading a vehicle or combination to a weight exceeding those
28 permitted under section 4941, section 4943 or section 4944,
29 thereby causing or permitting the operation of an overweight
30 vehicle upon the highways of the Commonwealth.
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1 (f) Definition.--As used in this section, section 4946
2 (relating to impoundment of vehicles for nonpayment of
3 overweight fines) and section 4945.1 (relating to load
4 manifests), the word "shipper" means any person, other than the
5 operator, including the officers, agents and employees of a
6 corporation, located or doing business within the Commonwealth,
7 who loads a vehicle or combination in whole or in part.
8 Section 2. Title 75 is amended by adding a section to read:
9 § 4945.1. Load manifests.
10 (a) Requirement.--Any shipper who loads a vehicle or
11 combination, whether in whole or in part, shall provide the
12 operator thereof with a manifest clearly showing the identity of
13 the shipper, the nature of and weight of the load, the point of
14 origin and the date and time of loading. The manifest shall be
15 surrendered to a police officer or issuing authority upon
16 demand.
17 (b) Penalty.--Any shipper who fails or refuses to provide an
18 operator with a manifest as required herein, or who provides a
19 false or fraudulent manifest, or any operator who fails or
20 refuses to surrender a manifest to a police officer or issuing
21 authority, shall upon conviction thereof at a summary
22 proceeding, be sentenced to pay a fine of $1,000.
23 Section 3. Subsection (a) of section 4946 of Title 75 is
24 amended to read:
25 § 4946. Impoundment of vehicles for nonpayment of overweight
26 fines.
27 (a) General rule.--Upon imposition of any fine and costs of
28 prosecution imposed pursuant to section 4945 (relating to
29 penalties for exceeding maximum weights), [the driver shall be
30 allowed 24 hours to obtain the funds and pay the fine and costs
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1 of prosecution, during which time the vehicle or combination
2 shall be rendered temporarily inoperative by such police officer
3 as the issuing authority shall designate. On default of payment
4 within the 24-hour period, the issuing authority shall impound
5 the vehicle or combination and order a police officer to seize
6 them.] the vehicle or combination shall be impounded pending the
7 payment of any fines and costs by the driver and shipper.
8 * * *
9 Section 4. This act shall take effect in six months and
10 shall apply to offenses committed on and after that date.
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