HOUSE AMENDED
        PRIOR PRINTER'S NOS. 10, 236, 291             PRINTER'S NO. 965

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 10 Session of 1979


        INTRODUCED BY ORLANDO, DWYER, KUSSE, O'CONNELL, ROMANELLI AND
           BODACK, JANUARY 16, 1979

        AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 25, 1979

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, CHANGING CERTAIN TRUCK AND TRUCK TRACTOR             <--
     3     REGISTRATION FEES, further providing for studded tires and;    <--
     4     providing penalties; FURTHER PROVIDING FOR THE WEIGHTS OF      <--
     5     VEHICLES, AND CHANGING CERTAIN PENALTIES.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 4525 SECTIONS 1916, 4525, 4902(E),         <--
     9  4941(A), 4943, 4945(A) AND 4981(C) of Title 75, act of November
    10  25, 1970 (P.L.707, No.230), known as the Pennsylvania
    11  Consolidated Statutes, is ARE amended to read:                    <--
    12  § 1916.  TRUCKS AND TRUCK TRACTORS.                               <--
    13     THE ANNUAL FEE FOR REGISTRATION OF A TRUCK OR TRUCK TRACTOR
    14  SHALL BE DETERMINED BY ITS REGISTERED GROSS WEIGHT OR
    15  COMBINATION WEIGHT IN POUNDS ACCORDING TO THE FOLLOWING TABLE:
    16         CLASS                REGISTERED                 FEE
    17                         GROSS OR COMBINATION
    18                           WEIGHT IN POUNDS


     1           1                5,000 OR LESS                $ 39
     2           2                5,001 -  7,000                 52
     3           3                7,001 -  9,000                [84]  100
     4           4                9,001 - 11,000               [108]  130
     5           5               11,001 - 14,000               [132]  160
     6           6               14,001 - 17,000               [156]  190
     7           7               17,001 - 21,000               [192]  236
     8           8               21,001 - 26,000               [216]  268
     9           9               26,001 - 30,000               [252]  315
    10          10               30,001 - 33,000               [300]  378
    11          11               33,001 - 36,000               [324]  412
    12          12               36,001 - 40,000               [342]  438
    13          13               40,001 - 44,000               [360]  465
    14          14               44,001 - 48,000               [384]  500
    15          15               48,001 - 52,000               [420]  550
    16          16               52,001 - 56,000               [444]  586
    17          17               56,001 - 60,000               [501]  666
    18          18               60,001 - 64,000               [552]  740
    19          19               64,001 - 68,000               [576]  775
    20          20               68,001 - 73,280               [606]  875
    21          21               73,281 - 76,000                     1064
    22          22               76,001 - 78,000                     1088
    23          23               78,001 - 78,500                     1100
    24          24               78,501 - 79,000                     1112
    25          25               79,001 - 80,000                     1124
    26  § 4525.  Tire equipment and traction surfaces.
    27     (a)  General rule.--No vehicle shall be operated on the
    28  highway unless the vehicle is equipped with tires of a type,
    29  size and construction approved by the department for the vehicle
    30  and unless the tires are in a safe operating condition as
    19790S0010B0965                  - 2 -

     1  determined in accordance with regulations of the department.
     2     (b)  Vehicles not equipped with pneumatic tires.--It is
     3  unlawful for any person to operate or move, or cause or permit
     4  to be moved, in contact with any highway any vehicle equipped
     5  with traction or road contact surfaces other than pneumatic
     6  tires unless of a type, size and construction permitted by
     7  regulations of the department and unless the movement is made
     8  under specific conditions allowed by regulations of the
     9  department.
    10     (c)  [Tire] Ice grips and tire studs.--[No vehicle having
    11  tires containing studs shall be driven on any highway.] Tires in
    12  which ice grips or tire studs of wear resisting material have
    13  been installed which provide resiliency upon contact with the
    14  road and which have projections not exceeding two thirty-seconds
    15  of an inch beyond the tread of the traction surface of the tire
    16  shall be permitted between November 1 of each year and April 1
    17  of the following year. The Governor may by executive order
    18  extend the time tires with ice grips or tire studs may be used
    19  when highway conditions are such that such tires would be a
    20  safety factor in traveling Commonwealth highways. The use of
    21  tires with ice grips or tire studs contrary to the provisions of
    22  this subsection shall be unlawful.
    23     (d)  Tire chains.--Tires chains may be temporarily used on
    24  vehicles during periods of snow and ice emergency if they are in
    25  conformance with regulations promulgated by the department.
    26     (e)  Penalty.--
    27         (1)  Any person violating the provisions of subsection
    28     (c) shall be guilty of a summary offense and, upon conviction
    29     thereof, shall be sentenced to pay a fine as indicated in
    30     paragraph (2) and, in default of payment thereof, shall
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     1     undergo imprisonment for not more than 30 days.
     2         (2)  Fines for violation of subsection (c) relating to
     3     the period of use of ice grips or tire studs shall be
     4     determined from the following chart based on the period of
     5     unauthorized use:
     6             April 1 to May 31                   $35
     7             June 1 to June 30                    45
     8             July 1 to July 31                    55
     9             August 1 to August 31                55
    10             September 1 to September 30          55
    11             October 1 to October 31              55
    12         (3)  Fines for any other violation of subsection (c)
    13     shall be determined according to the chart in paragraph (2)
    14     except that fines for violations occurring between November 1
    15     to April 1 shall be $10.
    16     Section 2.  This act shall take effect immediately.            <--
    17  § 4902.  RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES.             <--
    18     * * *
    19     (E)  PENALTY.--ANY PERSON OPERATING A VEHICLE OR COMBINATION
    20  UPON A HIGHWAY OR BRIDGE IN VIOLATION OF A WEIGHT PROHIBITION OR
    21  RESTRICTION IMPOSED UNDER SUBSECTION (A) IS GUILTY OF A SUMMARY
    22  OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE
    23  OF [$75] $150 PLUS $150 FOR EACH 500 POUNDS, OR PART THEREOF, IN
    24  EXCESS OF 3,000 POUNDS OVER THE MAXIMUM ALLOWABLE WEIGHT.
    25  § 4941.  MAXIMUM GROSS WEIGHT OF VEHICLES.
    26     (A)  GENERAL RULE.--NO VEHICLE OR COMBINATION SHALL, WHEN
    27  OPERATED UPON A HIGHWAY, HAVE A GROSS WEIGHT EXCEEDING [73,280]
    28  80,000 POUNDS.
    29     * * *
    30  § 4943.  MAXIMUM AXLE WEIGHT OF VEHICLES.
    19790S0010B0965                  - 4 -

     1     (A)  GENERAL RULE.--[NO MOTOR] EXCEPT AS PROVIDED IN
     2  SUBSECTION (B), NO VEHICLE OR COMBINATION [SHALL, WHEN OPERATED]
     3  DRIVEN UPON A HIGHWAY[,] SHALL HAVE A WEIGHT UPON [EACH OF TWO
     4  ADJACENT AXLES] ANY AXLE IN EXCESS OF THE LESSER OF THE
     5  MANUFACTURER'S RATED AXLE CAPACITY OR THE FOLLOWING APPLICABLE
     6  WEIGHT:
     7                             MAXIMUM AXLE WEIGHT IN POUNDS UPON:
     8    IF THE CENTER-TO CENTER
     9     DISTANCE BETWEEN TWO          ONE OF TWO        OTHER OF TWO
    10      ADJACENT AXLES IS:         ADJACENT AXLES     ADJACENT AXLES
    11       UNDER 6 FEET                  18,000             18,000
    12       6 TO 8 FEET                   18,000             22,400
    13       OVER 8 FEET                   22,400             22,400
    14     (B)  VEHICLES AND COMBINATIONS WITH FIVE OR MORE AXLES.--NO
    15  VEHICLE OR COMBINATION WITH FIVE OR MORE AXLES DRIVEN ON A
    16  HIGHWAY SHALL HAVE A WEIGHT UPON ANY AXLE IN EXCESS OF THE
    17  MANUFACTURER'S RATED AXLE CAPACITY, NOR SHALL THE OVERALL GROSS
    18  WEIGHT ON ANY GROUP OF TWO OR MORE CONSECUTIVE AXLES ON
    19  COMBINATIONS OF VEHICLES WITH AN OVERALL GROSS WEIGHT IN EXCESS
    20  OF 73,280 POUNDS EXCEED THAT PRODUCED BY APPLICATION OF THE
    21  FOLLOWING FORMULA:
    22                 W = 500   LN + (12N + 36)
    23                           ---
    24                           N-1
    25  WHERE W = OVERALL GROSS WEIGHT ON ANY GROUP OF TWO OR MORE
    26  CONSECUTIVE AXLES TO THE NEAREST 500 POUNDS, L = DISTANCE IN
    27  FEET BETWEEN THE EXTREME OF ANY GROUP OF TWO OR MORE CONSECUTIVE
    28  AXLES AND N = NUMBER OF AXLES IN GROUP UNDER CONSIDERATION,
    29  EXCEPT THAT TWO CONSECUTIVE PAIRS OF AXLES MAY CARRY A GROSS
    30  LOAD OF 34,000 POUNDS EACH, PROVIDED THE OVERALL DISTANCE
    19790S0010B0965                  - 5 -

     1  BETWEEN THE FIRST AND LAST AXLES OF SUCH CONSECUTIVE PAIRS OF
     2  AXLES IS 36 FEET OR MORE.
     3     (C)  GROSS WEIGHT.--NO VEHICLE OR COMBINATION SHALL BE DRIVEN
     4  WITH A GROSS WEIGHT IN EXCESS OF THE SUM OF THE ALLOWABLE AXLE
     5  WEIGHTS AS SET FORTH IN THIS SECTION, NOR SHALL ANY VEHICLE OR
     6  COMBINATION BE DRIVEN WITH A GROSS WEIGHT IN EXCESS OF THE SUM
     7  OF THE MANUFACTURER'S RATED AXLE CAPACITIES.
     8     [(B)] (D)  LOCATION OF FRONT AXLE OF SEMITRAILER.--NO
     9  SEMITRAILER, ORIGINALLY IN THIS COMMONWEALTH ON OR AFTER
    10  SEPTEMBER 1, [1973] 1963, AND HAVING TWO OR MORE AXLES, SHALL BE
    11  OPERATED UPON A HIGHWAY UNLESS THE FOREMOST AXLE OF THE
    12  SEMITRAILER IS AT LEAST 12 FEET FROM THE REARMOST AXLE OF THE
    13  TOWING VEHICLE.
    14  § 4945.  PENALTIES FOR EXCEEDING MAXIMUM WEIGHTS.
    15     (A)  GROSS WEIGHT VIOLATIONS.--
    16         (1)  ANY PERSON [OPERATING] DRIVING A VEHICLE OR
    17     COMBINATION UPON A HIGHWAY EXCEEDING THE MAXIMUM GROSS WEIGHT
    18     ALLOWED BY SECTION 4941 (RELATING TO MAXIMUM GROSS WEIGHT OF
    19     VEHICLES) OR THE REGISTERED GROSS WEIGHT ALLOWED BY SECTION
    20     4942 (RELATING TO REGISTERED GROSS WEIGHT), WHICHEVER IS
    21     LESS, IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON
    22     CONVICTION, BE SENTENCED TO PAY A FINE OF $75 PLUS $75 FOR
    23     EACH 500 POUNDS, OR PART THEREOF, IN EXCESS OF 3,000 POUNDS
    24     OVER THE MAXIMUM [OR] GROSS WEIGHT OR THE REGISTERED GROSS
    25     WEIGHT [ALLOWED].
    26         (2)  IF THE GROSS WEIGHT OF ANY VEHICLE OR COMBINATION
    27     EXCEEDS [73,280 POUNDS] THE APPLICABLE GROSS WEIGHT ALLOWED
    28     UNDER SUBSECTION (A) OR (B) OF SECTION 4941, THE FINE IMPOSED
    29     UNDER THIS SUBSECTION SHALL BE [DOUBLE THE AMOUNT FOR OTHER
    30     WEIGHT VIOLATIONS] DOUBLED.
    19790S0010B0965                  - 6 -

     1     * * *
     2  § 4981.  WEIGHING AND MEASUREMENT OF VEHICLES.
     3     * * *
     4     (C)  WEIGHING OF WHEELS OR AXLES.--IF A VEHICLE IS WEIGHED IN
     5  MULTIPLE DRAFTS, OR IF ONLY A SINGLE WHEEL OR AXLE OR PAIR OF
     6  AXLES IS WEIGHED, A TOLERANCE OF [1%] 3% SHALL BE ALLOWED.
     7     * * *
     8     SECTION 2.  THIS ACT SHALL TAKE EFFECT JULY 1, 1979.















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