SENATE AMENDED
        PRIOR PRINTER'S NOS. 231, 1987, 2026          PRINTER'S NO. 2522

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

        SENATOR MANBECK, TRANSPORTATION, IN SENATE, AS AMENDED,
           NOVEMBER 9, 1981

                                     AN ACT

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

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  The definition of "mobile home" in section 102 of
    11  Title 75, act of November 25, 1970 (P.L.707, No.230), known as
    12  the Pennsylvania Consolidated Statutes, is amended and
    13  definitions are added to read:
    14  § 102.  Definitions.
    15     Subject to additional definitions contained in subsequent
    16  provisions of this title which are applicable to specific
    17  provisions of this title, the following words and phrases when
    18  used in this title shall have, unless the context clearly
    19  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     "MODULAR HOUSING UNIT."  A UNIT TRANSPORTED ON A REMOVABLE OR  <--
    28  NONREMOVABLE FRAME DESIGNED FOR RESIDENTIAL OR COMMERCIAL
    29  PURPOSES WHICH IS WHOLLY OR IN SUBSTANTIAL PART FABRICATED,
    30  FORMED OR ASSEMBLED IN MANUFACTURING FACILITIES FOR ASSEMBLY AND
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     1  INSTALLATION ON THE BUILDING SITE.
     2     * * *
     3     Section 2.  Paragraph (10) of section 1102 of Title 75 is
     4  amended to read:
     5  § 1102.  Vehicles not requiring certificate of title.
     6     No certificate of title shall be issued for:
     7     * * *
     8         [(10)  A mobile home.]
     9     Section 3.  Paragraph (9) of subsection (b) (A) of section     <--
    10  1302 of Title 75 is amended and a paragraph is added to read:
    11  § 1302.  Vehicles subject to EXEMPT FROM registration.            <--
    12     * * *                                                          <--
    13     (b)  Exceptions.--Subsection (a) does not apply to the
    14  following:
    15     (A)  GENERAL RULE.--THE FOLLOWING TYPES OF VEHICLES ARE        <--
    16  EXEMPT FROM REGISTRATION:
    17         * * *
    18         (9)  Any mobile/manufactured home.                         <--
    19         * * *
    20         (12)  Any modular housing unit or undercarriage.
    21     * * *
    22     Section 4.  Subsection (c) of section 1337 of Title 75 is
    23  amended by adding a paragraph to read:
    24  § 1337.  Use of "Miscellaneous Motor Vehicle Business"
    25           registration plates.
    26     * * *
    27     (c)  Classes of "Miscellaneous Motor Vehicle Business."--
    28         * * *
    29         (5)  "Modular housing transporter."  A person engaged in
    30     the business of transporting modular housing units and
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     1     undercarriages from point of manufacture or sale to final
     2     destination, and return.
     3         (9)  ANY MOBILE HOME OR MODULAR HOUSING UNIT.              <--
     4         * * *
     5         (12)  ANY MILITARY VEHICLE USED FOR TRAINING BY A PRIVATE
     6     NONPROFIT, TAX EXEMPT MILITARY EDUCATIONAL INSTITUTION WHEN
     7     SUCH VEHICLE DOES NOT TRAVEL ON PUBLIC ROADS IN EXCESS OF ONE
     8     MILE AND THE PROPERTY ON BOTH SIDES OF THE PUBLIC ROAD IS
     9     OWNED BY THE INSTITUTION.
    10     * * *
    11     SECTION 4.  SECTION 1335 OF TITLE 75 IS AMENDED BY ADDING A
    12  SUBSECTION TO READ:
    13  § 1335.  REGISTRATION PLATES FOR MANUFACTURERS AND DEALERS.
    14     * * *
    15     (D)  FOR THE PURPOSES OF THIS SECTION, NO MODULAR HOUSING
    16  MANUFACTURER SHALL BE REQUIRED TO BE LICENSED BY THE STATE BOARD
    17  OF MOTOR VEHICLE MANUFACTURERS, DEALERS AND SALESMEN OF THE
    18  DEPARTMENT OF STATE IN ORDER TO RECEIVE REGISTRATION PLATES.
    19     Section 5.  Section 1704 of Title 75 is repealed.
    20     Section 6.  Subsection (a) of section 1742, section 1746 and
    21  subsection (a) of section 1747 of Title 75 are amended to read:
    22  § 1742.  Suspension for nonpayment of judgments.
    23     (a)  General rule.--The department, upon receipt of a
    24  certified copy of a judgment, shall suspend the operating
    25  privilege of each [driver and registration of each owner] person
    26  against whom the judgment was rendered except as otherwise
    27  provided in this section and in section 1745 (relating to
    28  installment payment of judgments).
    29     * * *
    30  § 1746.  Proof of financial responsibility after suspension or
    19810H0230B2522                  - 4 -

     1           revocation.
     2     Whenever the department suspends or revokes the operating
     3  privilege of any person [upon receiving record of a conviction
     4  or forfeiture of bail] pursuant to sections 1532(a) or (b)
     5  (relating to revocation or suspension of operating privilege),
     6  1542 (relating to revocation of habitual offender's license) or
     7  1742 (relating to suspension for nonpayment of judgments), the
     8  department shall not restore the operating privilege until the
     9  person furnishes proof of financial responsibility.
    10  § 1747.  Providing financial responsibility.
    11     (a)  General rule.--Proof of financial responsibility may be
    12  furnished by filing evidence satisfactory to the department that
    13  all motor vehicles registered in a person's name are covered by
    14  the insurance required in section 104 of the act of July 19,
    15  1974 (P.L.489, No.176), known as the "Pennsylvania No-fault
    16  Motor Vehicle Insurance Act," or[, if the person has no motor
    17  vehicle, that the person is covered by a nonowner's policy
    18  having the same limits of liability as are required in section
    19  104 of that act] that a person does not own a motor vehicle.
    20     * * *
    21     Section 7.  Paragraph (4) of subsection (a) of section 4961    <--
    22  of Title 75 is amended and a paragraph is added to read:
    23     SECTION 7.  PARAGRAPH (2) OF SECTION 1902 OF TITLE 75 IS       <--
    24  AMENDED TO READ:
    25  § 1902.  EXEMPTIONS FROM OTHER FEES.
    26     NO FEE SHALL BE CHARGED UNDER THIS TITLE FOR OR TO ANY OF THE
    27  FOLLOWING:
    28         * * *
    29         (2)  THE REPLACEMENT OF A REGISTRATION CARD OR PLATE,
    30     DRIVER'S LICENSE, LEARNER'S PERMIT OR CERTIFICATE OF TITLE
    19810H0230B2522                  - 5 -

     1     LOST IN THE MAIL IF THE APPLICANT FILES AN AFFIDAVIT OF
     2     NONRECEIPT WITHIN [45] 90 DAYS OF THE DATE OF ORIGINAL
     3     ISSUANCE.
     4         * * *
     5     SECTION 8.  SECTION 1944 OF TITLE 75 IS AMENDED TO READ:
     6  § 1944.  MOBILE HOMES MODULAR HOUSING UNITS AND [SIMILAR]
     7           TRAILERS.
     8     THE FEE FOR A SPECIAL HAULING PERMIT FOR A MOBILE HOME [OR
     9  SIMILAR TRAILER] MODULAR HOUSING UNIT OR TRAILER WHICH EXCEEDS
    10  THE MAXIMUM SIZE PRESCRIBED IN THIS TITLE SHALL BE $20.
    11     SECTION 9.  SUBSECTION (B) OF SECTION 4703 OF TITLE 75 IS
    12  AMENDED BY ADDING A PARAGRAPH TO READ:
    13  § 4703.  OPERATION OF VEHICLE WITHOUT OFFICIAL CERTIFICATE OF
    14           INSPECTION.
    15     * * *
    16     (B)  EXCEPTIONS.--SUBSECTION (A) DOES NOT APPLY TO:
    17         * * *
    18         (9)  ANY MILITARY VEHICLE USED FOR TRAINING BY A PRIVATE,
    19     NONPROFIT, TAX EXEMPT MILITARY EDUCATIONAL INSTITUTION WHEN
    20     SUCH VEHICLE DOES NOT TRAVEL ON PUBLIC ROADS IN EXCESS OF ONE
    21     MILE AND THE PROPERTY ON BOTH SIDES OF THE PUBLIC ROAD IS
    22     OWNED BY THE INSTITUTION.
    23     * * *
    24     SECTION 10.  SECTION 4921(B)(2) OF TITLE 75 IS AMENDED TO
    25  READ:
    26  § 4921.  WIDTH OF VEHICLES.
    27     * * *
    28     (B)  SPECIAL VEHICLES.--
    29     * * *
    30         (2)  ANY IMPLEMENT OF HUSBANDRY NOT EXCEEDING 14 FEET 6
    19810H0230B2522                  - 6 -

     1     INCHES IN WIDTH MAY BE DRIVEN, HAULED OR TOWED BETWEEN
     2     SUNRISE AND SUNSET ON HIGHWAYS OTHER THAN FREEWAYS BETWEEN:
     3             (I)  PARTS OF ONE FARM OWNED OR OPERATED BY THE OWNER
     4         OF THE IMPLEMENT OF HUSBANDRY.
     5             (II)  FARMS OWNED OR OPERATED BY THE OWNER OF THE
     6         IMPLEMENT OF HUSBANDRY LOCATED NOT MORE THAN 25 MILES
     7         APART.
     8             (III)  (A)  FARMS; OR
     9                 (B)  A FARM AND A PLACE OF BUSINESS OF A MECHANIC
    10             OR DEALER IN IMPLEMENTS OF HUSBANDRY;
    11         LOCATED NOT MORE THAN [50] 100 MILES [APART] AWAY FOR THE
    12         PURPOSE OF BUYING, SELLING, TRADING, LOANING AND LEASING,
    13         DEMONSTRATING, REPAIRING OR SERVICING THE IMPLEMENT OF
    14         HUSBANDRY.
    15     * * *
    16     SECTION 11.  SECTION 4961 OF TITLE 75 IS AMENDED BY ADDING A
    17  PARAGRAPH TO READ:
    18  § 4961.  Authority to issue permits.
    19     (a)  General rule.--The department and local authorities with
    20  respect to highways under their respective jurisdictions may,
    21  upon application in writing showing good cause, issue special
    22  permits in writing authorizing the applicant to operate or move
    23  on specified highways any of the following:
    24         * * *
    25         (4)  A mobile/manufactured home.                           <--
    26         (5)  A modular housing unit and undercarriage.
    27     * * *
    28     Section 8 12.  Section 4968 of Title 75 is amended to read:    <--
    29  § 4968.  Permit for movement of equipment being manufactured.
    30     An annual permit may be issued authorizing the manufacturer
    19810H0230B2522                  - 7 -

     1  of boats, mobile/manufactured homes, modular housing units and    <--
     2  undercarriages, helicopters, railway equipment and rails or
     3  other articles or combinations not normally used on highways to
     4  move articles which exceed the maximum height, width or length
     5  specified in Subchapter B (relating to width, height and length)
     6  while they are in the course of manufacture and while they are
     7  entirely within the control of the manufacturer and not in
     8  transit from the manufacturer to a purchaser or dealer. A permit
     9  shall not be issued for the movement of articles upon a freeway.
    10  Articles not in excess of ten feet in width may be moved up to
    11  50 miles on a permit. Larger articles may be moved no farther
    12  than ten miles on a permit.
    13     Section 9 13.  This act shall take effect immediately.         <--












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