PRIOR PRINTER'S NOS. 231, 1987                PRINTER'S NO. 2026

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 230 Session of 1981


        INTRODUCED BY DININNI, KOLTER, PETRARCA, STEIGHNER, TIGUE,
           LESCOVITZ, GEIST AND W. W. FOSTER, JANUARY 26, 1981

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 29, 1981

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for provisions prohibiting the
     3     transfer of registration to evade certain financial
     4     responsibility requirements, further providing for suspension
     5     for nonpayment of judgments, repealing financial
     6     responsibility, providing for tolerances allowed for gross     <--
     7     weights of vehicles and further providing for mobile and
     8     manufactured housing.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  The definition of "mobile home" in section 102 of
    12  Title 75, act of November 25, 1970 (P.L.707, No.230), known as
    13  the Pennsylvania Consolidated Statutes, is amended and
    14  definitions are added 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     * * *
     2     ["Mobile home."  A trailer designed and used exclusively for
     3  living quarters or commercial purposes which exceeds the maximum
     4  size limitations prescribed by this title for operation on a
     5  highway and is only incidentally operated on a highway,
     6  including a unit transported on a removable or nonremovable
     7  frame designed so as to be assembled together with another unit
     8  or units into a structure which is used exclusively for living
     9  quarters, commonly known as a "modular unit."]
    10     "Mobile/manufactured home."  A structure, transportable in
    11  one or more sections, which, in the traveling mode, is eight
    12  body feet or more in width or 40 body feet or more in length,
    13  or, when erected on site, is 320 or more square feet, and which
    14  is built on a permanent chassis and designed to be used as a
    15  dwelling with or without permanent foundation when connected to
    16  the required utilities, and includes plumbing, heating, air
    17  conditioning and electrical systems contained therein.
    18     "Modular housing unit."  Any structure designed for
    19  residential or commercial occupancy which is wholly or in
    20  substantial part made, fabricated, formed or assembled in
    21  manufacturing facilities for assembly and installation on the
    22  building site.
    23     "Modular housing undercarriage."  A trailer which exceeds the
    24  maximum size limitations prescribed by this title for operation
    25  on a highway and which is used to transport a modular housing
    26  unit.
    27     * * *
    28     Section 2.  Paragraph (10) of section 1102 of Title 75 is
    29  amended to read:
    30  § 1102.  Vehicles not requiring certificate of title.
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     1     No certificate of title shall be issued for:
     2     * * *
     3         [(10)  A mobile home.]
     4     Section 3.  Paragraph (9) of subsection (b) of section 1302
     5  of Title 75 is amended and a paragraph is added to read:
     6  § 1302.  Vehicles subject to registration.
     7     * * *
     8     (b)  Exceptions.--Subsection (a) does not apply to the
     9  following:
    10         * * *
    11         (9)  Any mobile/manufactured home.
    12         * * *
    13         (12)  Any modular housing unit or undercarriage.
    14     * * *
    15     Section 4.  Subsection (c) of section 1337 of Title 75 is
    16  amended by adding a paragraph to read:
    17  § 1337.  Use of "Miscellaneous Motor Vehicle Business"
    18           registration plates.
    19     * * *
    20     (c)  Classes of "Miscellaneous Motor Vehicle Business."--
    21         * * *
    22         (5)  "Modular housing transporter."  A person engaged in
    23     the business of transporting modular housing units and
    24     undercarriages from point of manufacture or sale to final
    25     destination, and return.
    26     Section 5.  Section 1704 of Title 75 is repealed.
    27     Section 6.  Subsection (a) of section 1742, section 1746 and
    28  subsection (a) of section 1747 of Title 75 are amended to read:
    29  § 1742.  Suspension for nonpayment of judgments.
    30     (a)  General rule.--The department, upon receipt of a
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     1  certified copy of a judgment, shall suspend the operating
     2  privilege of each [driver and registration of each owner] person
     3  against whom the judgment was rendered except as otherwise
     4  provided in this section and in section 1745 (relating to
     5  installment payment of judgments).
     6     * * *
     7  § 1746.  Proof of financial responsibility after suspension or
     8           revocation.
     9     Whenever the department suspends or revokes the operating
    10  privilege of any person [upon receiving record of a conviction
    11  or forfeiture of bail] pursuant to sections 1532(a) or (b)
    12  (relating to revocation or suspension of operating privilege),
    13  1542 (relating to revocation of habitual offender's license) or
    14  1742 (relating to suspension for nonpayment of judgments), the
    15  department shall not restore the operating privilege until the
    16  person furnishes proof of financial responsibility.
    17  § 1747.  Providing financial responsibility.
    18     (a)  General rule.--Proof of financial responsibility may be
    19  furnished by filing evidence satisfactory to the department that
    20  all motor vehicles registered in a person's name are covered by
    21  the insurance required in section 104 of the act of July 19,
    22  1974 (P.L.489, No.176), known as the "Pennsylvania No-fault
    23  Motor Vehicle Insurance Act," or[, if the person has no motor
    24  vehicle, that the person is covered by a nonowner's policy
    25  having the same limits of liability as are required in section
    26  104 of that act] that a person does not own a motor vehicle.
    27     * * *
    28     Section 7.  Section 4941 of Title 75, amended October 10,      <--
    29  1980 (P.L.791, No.147), is amended to read:
    30  § 4941.  Maximum gross weight of vehicles.
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     1     (a)  General rule.--No vehicle shall, when operated upon a
     2  highway, have a gross weight exceeding 73,280 pounds, and no
     3  combination driven upon a highway shall have a gross weight
     4  exceeding 80,000 pounds, or the applicable weight set forth in
     5  subsection (b) or (c), whichever is less.
     6     (b)  Combination of vehicles.--No combination shall, when
     7  operated upon a highway, have a gross weight exceeding the
     8  following:
     9                                                      Maximum
    10              Combination of Vehicles               Gross Weight
    11                                                      In Pounds
    12   Two-axle truck tractor & single-axle semitrailer      58,400
    13   Two-axle truck tractor & two-axle semitrailer         73,280
    14   Three-axle truck tractor & single-axle semitrailer    73,280
    15   Two-axle truck & two-axle trailer                     73,280
    16     (c)  Trucks.--No truck when operated upon a highway shall
    17  have a gross weight exceeding the following:
    18                                                      Maximum
    19                                                    Gross Weight
    20                                                      In Pounds
    21   Two-axle truck                                        38,000
    22   Three-axle truck                                      58,400
    23   Four-axle truck                                       73,280
    24     (d)  In determining the maximum gross weight of vehicles or
    25  combinations, there shall be a tolerance allowed of 5% of the
    26  actual gross weight for Classes 1, 2, 3 and 4 vehicles and 3% of
    27  the actual gross weight for Class 5 and above vehicles, the
    28  vehicles as classified by section 1916 (relating to trucks and
    29  truck tractors).
    30     Section 8 7.  Paragraph (4) of subsection (a) of section 4961  <--
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     1  of Title 75 is amended and a paragraph is added to read:
     2  § 4961.  Authority to issue permits.
     3     (a)  General rule.--The department and local authorities with
     4  respect to highways under their respective jurisdictions may,
     5  upon application in writing showing good cause, issue special
     6  permits in writing authorizing the applicant to operate or move
     7  on specified highways any of the following:
     8         * * *
     9         (4)  A mobile/manufactured home.
    10         (5)  A modular housing unit and undercarriage.
    11     * * *
    12     Section 9 8.  Section 4968 of Title 75 is amended to read:     <--
    13  § 4968.  Permit for movement of equipment being manufactured.
    14     An annual permit may be issued authorizing the manufacturer
    15  of boats, mobile/manufactured homes, modular housing units and
    16  undercarriages, helicopters, railway equipment and rails or
    17  other articles or combinations not normally used on highways to
    18  move articles which exceed the maximum height, width or length
    19  specified in Subchapter B (relating to width, height and length)
    20  while they are in the course of manufacture and while they are
    21  entirely within the control of the manufacturer and not in
    22  transit from the manufacturer to a purchaser or dealer. A permit
    23  shall not be issued for the movement of articles upon a freeway.
    24  Articles not in excess of ten feet in width may be moved up to
    25  50 miles on a permit. Larger articles may be moved no farther
    26  than ten miles on a permit.
    27     Section 10 9.  This act shall take effect immediately.         <--


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