PRIOR PRINTER'S NO. 2115                      PRINTER'S NO. 3247

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1783 Session of 1981


        INTRODUCED BY JOHNSON, DAVIES, COCHRAN, BOWSER, E. Z. TAYLOR,
           ALDEN, LEWIS, TELEK, VROON AND PISTELLA, JULY 21, 1981

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           APRIL 28, 1982

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for the location of loading zones
     3     for school children, FOR CERTAIN VEHICLE INSPECTIONS, FOR      <--
     4     SPECIAL SPEED LIMITATIONS ON HAZARDOUS GRADES, FOR VEHICLES
     5     WITH OVERSIZE WHEELS AND TIRES, FOR WEIGHTS RELATING TO
     6     CERTAIN VEHICLES AND FOR CERTAIN OPTIONAL EQUIPMENT FOR
     7     SCHOOL BUSES AND PROVIDING FOR THE PROCESSING FEE IN LIEU OF
     8     REGISTRATION FOR CERTAIN PERSONS.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section SECTIONS 1535(A), 1901(C)(16) AND 3345(h)  <--
    12  of Title 75, act of November 25, 1970 (P.L.707, No.230), known
    13  as the Pennsylvania Consolidated Statutes, is ARE amended to      <--
    14  read:
    15  § 1535.  SCHEDULE OF CONVICTIONS AND POINTS.                      <--
    16     (A)  GENERAL RULE.--A POINT SYSTEM FOR DRIVER EDUCATION AND
    17  CONTROL IS HEREBY ESTABLISHED WHICH IS RELATED TO OTHER
    18  PROVISIONS FOR USE, SUSPENSION AND REVOCATION OF THE OPERATING
    19  PRIVILEGE AS SPECIFIED UNDER THIS TITLE. EVERY DRIVER LICENSED
    20  IN THIS COMMONWEALTH WHO IS CONVICTED OF ANY OF THE FOLLOWING


     1  OFFENSES SHALL BE ASSESSED POINTS AS OF THE DATE OF VIOLATION IN
     2  ACCORDANCE WITH THE FOLLOWING SCHEDULE:
     3  SECTION NUMBER                 OFFENSE                  POINTS
     4     1512                VIOLATION OF RESTRICTION ON
     5                         DRIVER'S LICENSE.                   2
     6     1571                VIOLATIONS CONCERNING LICENSES.     3
     7     3102                FAILURE TO OBEY POLICEMAN OR
     8                         AUTHORIZED PERSON.                  2
     9     3112(A)(3)(I)       FAILURE TO STOP FOR A RED LIGHT.    3
    10     3114(A)(1)          FAILURE TO STOP FOR A FLASHING
    11                         RED LIGHT.                          3
    12     3302                FAILURE TO YIELD HALF OF ROADWAY
    13                         TO ONCOMING VEHICLE.                3
    14     3303                IMPROPER PASSING.                   3
    15     3304                OTHER IMPROPER PASSING.             3
    16     3305                OTHER IMPROPER PASSING.             3
    17     3306(A)(1)          OTHER IMPROPER PASSING.             4
    18     3306(A)(2)          OTHER IMPROPER PASSING.             3
    19     3306(A)(3)          OTHER IMPROPER PASSING.             3
    20     3307                OTHER IMPROPER PASSING.             3
    21     3310                FOLLOWING TOO CLOSELY.              3
    22     3321                FAILURE TO YIELD TO DRIVER ON THE
    23                         RIGHT AT INTERSECTION.              3
    24     3322                FAILURE TO YIELD TO ONCOMING
    25                         DRIVER WHEN MAKING LEFT TURN.       3
    26     3323(B)             FAILURE TO STOP FOR STOP SIGNS.     3
    27     3324                FAILURE TO YIELD WHEN ENTERING OR
    28                         CROSSING ROADWAY BETWEEN INTER-
    29                         SECTIONS.                           3
    30     3332                IMPROPER TURNING AROUND.            3
    19810H1783B3247                  - 2 -

     1     3341                FAILURE TO STOP FOR FLASHING RED
     2                         LIGHTS OR GATE AT RAILROAD
     3                         CROSSING.                           3
     4     3344                FAILURE TO STOP WHEN ENTERING FROM
     5                         ALLEY, DRIVEWAY OR BUILDING.        3
     6     3345(A)             FAILURE TO STOP FOR SCHOOL BUS
     7                         WITH FLASHING RED LIGHTS.           5
     8                                         (AND 30 DAYS SUSPENSION)
     9     3361                DRIVING TOO FAST FOR CONDITIONS.    2
    10     3362                EXCEEDING MAXIMUM SPEED.--OVER LIMIT:
    11                                                  6-10       2
    12                                                 11-15       3
    13                                                 16-25       4
    14                                                 26-30       5
    15                                                 31-OVER     5
    16                                         (AND DEPARTMENTAL HEARING
    17                                         AND SANCTIONS PROVIDED
    18                                         UNDER SECTION 1538(D))
    19     3365(B)             EXCEEDING SPECIAL SPEED LIMIT
    20                         IN SCHOOL ZONES.                    3
    21     [3365(C)            EXCEEDING SPECIAL SPEED LIMIT
    22                         FOR TRUCKS ON DOWNGRADES.           3]
    23     3542(A)             FAILURE TO YIELD TO PEDESTRIANS IN
    24                         CROSSWALK.                          2
    25     3547                FAILURE TO YIELD TO PEDESTRIAN ON
    26                         SIDEWALK.                           3
    27     3549(A)             FAILURE TO YIELD TO BLIND
    28                         PEDESTRIAN.                         3
    29     3702                IMPROPER BACKING.                   3
    30     3714                RECKLESS DRIVING.                   3
    19810H1783B3247                  - 3 -

     1     3745                LEAVING SCENE OF ACCIDENT
     2                         INVOLVING PROPERTY DAMAGE ONLY.     4
     3     4902(B)(1)          VIOLATION OF PROHIBITION OR
     4                         RESTRICTION PERTAINING TO A
     5                         DESIGNATED GRADE.                   3
     6     * * *
     7  § 1901.  EXEMPTION OF ENTITIES AND VEHICLES FROM FEES.
     8     * * *
     9     (C)  PROCESSING FEE IN LIEU OF REGISTRATION FEE.--NO
    10  REGISTRATION FEE SHALL BE CHARGED FOR VEHICLES REGISTERED BY ANY
    11  OF THE FOLLOWING BUT THE DEPARTMENT SHALL CHARGE A FEE OF $10 TO
    12  COVER THE COSTS OF PROCESSING FOR ISSUING OR RENEWING THE
    13  REGISTRATION:
    14         * * *
    15         (16)  ANY PERSON WHO IS RETIRED AND RECEIVING SOCIAL
    16     SECURITY OR OTHER PENSION AND WHOSE TOTAL INCOME DOES NOT
    17     EXCEED [$7,500] $8,999 PER YEAR. UNLESS THE RETIRED PERSON IS
    18     PHYSICALLY OR MENTALLY INCAPABLE OF DRIVING THE VEHICLE, THE
    19     RETIRED PERSON SHALL BE THE PRINCIPAL DRIVER OF THE VEHICLE
    20     BUT MAY FROM TIME TO TIME AUTHORIZE ANOTHER PERSON TO DRIVE
    21     THE VEHICLE IN HIS OR HER STEAD.
    22         * * *
    23  § 3345.  Meeting or overtaking school bus.
    24     * * *
    25     (h)  Loading zones for school children.--Every school
    26  district transporting school children by school bus shall
    27  establish and maintain school bus loading zones at or near all
    28  schools to or from which school children are transported and
    29  shall establish school bus loading zones along the highways
    30  traversed by school buses in accordance with regulations
    19810H1783B3247                  - 4 -

     1  promulgated by the department. Loading zones located along
     2  highways shall be at such sites as provide at least 500 300 feet  <--
     3  of clear vision along the highway in both directions: PROVIDED,   <--
     4  HOWEVER, THAT A SCHOOL DISTRICT MAY LOCATE LOADING ZONES AT
     5  SITES WITH LESS THAN 500 FEET OF CLEAR VISION ALONG THE HIGHWAY
     6  IN BOTH DIRECTIONS IF THE DISTRICT DETERMINES IT IS NECESSARY TO
     7  DO SO TO PROTECT THE HEALTH, SAFETY OR WELFARE OF STUDENTS.
     8     * * *
     9     SECTION 2.  SECTION 3365(C) OF TITLE 75 IS REPEALED.
    10     SECTION 3.  SECTIONS 4552(B), 4553, 4704(A), (B) AND (D),
    11  4902(B) AND (G) AND 4921(E) OF TITLE 75 ARE AMENDED OR ADDED TO
    12  READ:
    13  § 4552.  GENERAL REQUIREMENTS FOR SCHOOL BUSES.
    14     * * *
    15     (B)  VISUAL SIGNALS.--IN ADDITION TO THE APPLICABLE LIGHTING
    16  REQUIREMENTS OF CHAPTER 43 (RELATING TO LIGHTING EQUIPMENT)
    17  EVERY SCHOOL BUS SHALL BE EQUIPPED WITH A UNIFORM FRONT AND REAR
    18  SYSTEM OF RED AND AMBER VISUAL SIGNALS FOR THE WARNING AND
    19  CONTROL OF TRAFFIC DURING ROUTE OPERATIONS AS PROVIDED IN
    20  SECTION 3345 (RELATING TO MEETING OR OVERTAKING SCHOOL BUS) AND
    21  IN REGULATIONS OF THE DEPARTMENT. THE WARNING SYSTEM MAY INCLUDE
    22  A SIDE-ARM STOP SIGNAL WHICH WILL BE ACTIVATED INTO POSITION ON
    23  THE DRIVER SIDE OF THE BUS WHEN THE BUS STOPS TO SERVE AS AN
    24  ADDITIONAL WARNING TO MOTORISTS TO STOP AND NOT PASS OR A
    25  CROSSING CONTROL ARM WHICH WHEN ACTUATED EXTENDS FROM THE FRONT
    26  BUMPER OF THE BUS TO PROTECT STUDENTS DISCHARGED FROM THE BUS.
    27  § 4553.  GENERAL REQUIREMENTS FOR OTHER VEHICLES TRANSPORTING
    28           SCHOOL CHILDREN.
    29     (A)  BUSES OPERATED BY URBAN MASS TRANSPORTATION SYSTEMS.--
    30  BUSES, OTHER THAN SCHOOL BUSES, OPERATED BY URBAN MASS
    19810H1783B3247                  - 5 -

     1  TRANSPORTATION SYSTEMS FOR THE EXCLUSIVE TRANSPORTATION OF
     2  SCHOOL CHILDREN SHALL COMPLY WITH FEDERAL SAFETY STANDARDS AND
     3  SUCH OTHER SAFETY REGULATIONS AS THE PENNSYLVANIA PUBLIC UTILITY
     4  COMMISSION AND THE DEPARTMENT SHALL PROVIDE FOR SUCH BUSES.
     5     (B)  OTHER VEHICLES.--A MOTOR VEHICLE USED TO TRANSPORT
     6  CHILDREN TO OR FROM SCHOOL OR IN CONNECTION WITH SCHOOL
     7  ACTIVITIES, WHICH IS NOT A SCHOOL BUS BECAUSE OF ITS LIMITED
     8  SEATING CAPACITY, SHALL COMPLY WITH REGULATIONS ESTABLISHED BY
     9  THE DEPARTMENT FOR SUCH VEHICLES. UNLESS REQUIRED BY FEDERAL LAW
    10  OR REGULATION, THE REGULATIONS ESTABLISHED BY THE DEPARTMENT
    11  SHALL NOT REQUIRE VEHICLES WHICH PICK UP AND DISCHARGE SCHOOL
    12  CHILDREN ONLY AT LOCATIONS OFF THE HIGHWAY TO BE OF ANY
    13  PARTICULAR COLOR OR TO DISPLAY FLASHING RED AND AMBER LIGHTS.
    14  HOWEVER, ANY MOTOR VEHICLE USED TO TRANSPORT CHILDREN TO OR FROM
    15  SCHOOL OR IN CONNECTION WITH SCHOOL ACTIVITIES, WHICH IS NOT A
    16  SCHOOL BUS BECAUSE OF ITS LIMITED SEATING CAPACITY, MAY DISPLAY
    17  FLASHING AMBER LIGHTS FOR THE WARNING OF TRAFFIC DURING ROUTE
    18  OPERATIONS. THE DEPARTMENT SHALL PROMULGATE REGULATIONS
    19  PROVIDING FOR THE SIZE, TYPE AND USE OF SUCH AMBER LIGHTS, BUT
    20  IN NO EVENT SHALL THE REGULATIONS REQUIRE THEIR INSTALLATION OR
    21  USE UNLESS OTHERWISE SPECIFICALLY PROVIDED BY LAW.
    22  § 4704.  INSPECTION BY POLICE OR DEPARTMENT PERSONNEL.
    23     (A)  INSPECTION IN CONJUNCTION WITH VEHICLE WEIGHING.--ANY
    24  POLICE OFFICER OR QUALIFIED DEPARTMENT EMPLOYEE ENGAGED IN
    25  WEIGHING VEHICLES AS PROVIDED IN SUBCHAPTER E OF CHAPTER 49
    26  (RELATING TO MEASURING AND ADJUSTING VEHICLE SIZE AND WEIGHTS)
    27  OR AS PART OF A SYSTEMATIC VEHICLE INSPECTION PROGRAM IS
    28  AUTHORIZED TO INSPECT ANY ITEMS OF A VEHICLE'S EQUIPMENT TO
    29  DETERMINE WHETHER THEY MEET THE STANDARDS ESTABLISHED IN
    30  DEPARTMENT REGULATIONS.
    19810H1783B3247                  - 6 -

     1     (B)  INSPECTION BY POLICE OFFICER.--ANY POLICE OFFICER HAVING
     2  PROBABLE CAUSE TO BELIEVE THAT ANY VEHICLE OR MASS TRANSIT
     3  VEHICLE, REGARDLESS OF WHETHER IT IS BEING OPERATED, IS UNSAFE
     4  OR NOT EQUIPPED AS REQUIRED BY LAW MAY AT ANY TIME SUBMIT A
     5  WRITTEN NOTICE OF THE CONDITION TO THE DRIVER OF THE VEHICLE OR
     6  THE MASS TRANSIT VEHICLE OR TO THE OWNER, OR IF NEITHER IS
     7  PRESENT, TO AN ADULT OCCUPANT OF THE VEHICLE OR THE MASS TRANSIT
     8  VEHICLE, OR IF THE VEHICLE OR THE MASS TRANSIT VEHICLE IS
     9  UNOCCUPIED, THE NOTICE SHALL BE ATTACHED TO THE VEHICLE OR THE
    10  MASS TRANSIT VEHICLE IN A CONSPICUOUS PLACE.
    11         (1)  IF AN ITEM OF EQUIPMENT IS BROKEN OR MISSING, THE
    12     NOTICE SHALL SPECIFY THE PARTICULARS OF THE CONDITION AND
    13     REQUIRE THAT THE EQUIPMENT BE ADJUSTED OR REPAIRED. WITHIN
    14     FIVE DAYS EVIDENCE MUST BE SUBMITTED TO THE POLICE THAT THE
    15     REQUIREMENTS FOR REPAIR HAVE BEEN SATISFIED.
    16         (2)  IF THE POLICE OFFICER HAS PROBABLE CAUSE TO BELIEVE
    17     THAT A VEHICLE OR MASS TRANSIT VEHICLE IS UNSAFE OR NOT IN
    18     PROPER REPAIR, HE MAY REQUIRE IN THE WRITTEN NOTICE THAT THE
    19     [CAR] VEHICLE OR MASS TRANSIT VEHICLE BE INSPECTED. THE OWNER
    20     OR DRIVER SHALL SUBMIT TO THE POLICE WITHIN FIVE DAYS OF THE
    21     DATE OF NOTIFICATION CERTIFICATION FROM AN OFFICIAL
    22     INSPECTION STATION THAT THE VEHICLE OR THE MASS TRANSIT
    23     VEHICLE HAS BEEN RESTORED TO SAFE OPERATING CONDITION IN
    24     RELATION TO THE PARTICULARS SPECIFIED ON THE NOTICE.
    25         (3)  AFTER THE EXPIRATION OF THE FIVE-DAY PERIOD
    26     SPECIFIED IN PARAGRAPHS (1) AND (2), THE VEHICLE SHALL NOT BE
    27     OPERATED UPON THE HIGHWAYS OF THIS COMMONWEALTH AND A MASS
    28     TRANSIT VEHICLE SHALL NOT BE OPERATED UNTIL THE OWNER OR
    29     DRIVER HAS SUBMITTED TO THE POLICE EVIDENCE OF COMPLIANCE
    30     WITH THE REQUIREMENTS OF PARAGRAPH (1) OR (2), WHICHEVER IS
    19810H1783B3247                  - 7 -

     1     APPLICABLE.
     2     * * *
     3     (D)  PENALTY.--ANY PERSON VIOLATING THE PROVISIONS OF
     4  SUBSECTION (B)(3) OR THE PROVISIONS OF A NOTICE GIVEN UNDER
     5  SUBSECTION (C) IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON
     6  CONVICTION, BE SENTENCED TO PAY A FINE OF $300.
     7  § 4902.  RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES.
     8     * * *
     9     (B)  RESTRICTIONS BASED ON TRAFFIC CONDITIONS.--THE
    10  COMMONWEALTH AND LOCAL AUTHORITIES WITH RESPECT TO HIGHWAYS AND
    11  BRIDGES UNDER THEIR JURISDICTIONS MAY PROHIBIT THE OPERATION OF
    12  VEHICLES AND MAY IMPOSE RESTRICTIONS AS TO THE WEIGHT OR SIZE OF
    13  VEHICLES OPERATED UPON A HIGHWAY OR BRIDGE WHENEVER THEY
    14  DETERMINE THAT HAZARDOUS TRAFFIC CONDITIONS OR OTHER SAFETY
    15  FACTORS REQUIRE SUCH A PROHIBITION OR RESTRICTION.
    16         (1)  VEHICLES AND COMBINATIONS OF SPECIFIED SIZES,
    17     WEIGHTS, TYPES OR CLASSES MAY BE PROHIBITED FROM DESIGNATED
    18     GRADES, MAY BE REQUIRED TO STOP, REDUCE GEAR, OR BOTH, BEFORE
    19     PROCEEDING DOWN THE GRADES AND MAY BE LIMITED TO REDUCED
    20     SPEEDS ON THE GRADES.
    21         (2)  SCHOOL BUSES, EMERGENCY VEHICLES AND VEHICLES MAKING
    22     LOCAL DELIVERIES OR PICKUPS MAY BE EXEMPTED FROM RESTRICTIONS
    23     ON THE USE OF HIGHWAYS IMPOSED UNDER THIS SUBSECTION.
    24     * * *
    25     (G)  PENALTY.--
    26         (1)  ANY PERSON OPERATING A VEHICLE OR COMBINATION UPON A
    27     HIGHWAY OR BRIDGE IN VIOLATION OF A PROHIBITION OR
    28     RESTRICTION IMPOSED UNDER SUBSECTION (A) IS GUILTY OF
    29     VIOLATING SUBSECTION (A), A SUMMARY OFFENSE, AND SHALL, UPON
    30     CONVICTION, BE SENTENCED TO PAY A FINE OF $75, EXCEPT THAT
    19810H1783B3247                  - 8 -

     1     ANY PERSON CONVICTED OF OPERATING A VEHICLE WITH A GROSS
     2     WEIGHT IN EXCESS OF A POSTED WEIGHT SHALL, UPON CONVICTION,
     3     BE SENTENCED TO PAY A FINE OF $150 PLUS $150 FOR EACH 500
     4     POUNDS, OR PART THEREOF, IN EXCESS OF 3,000 POUNDS OVER THE
     5     MAXIMUM ALLOWABLE WEIGHT.
     6         (2)  ANY PERSON OPERATING A VEHICLE OR COMBINATION IN
     7     VIOLATION OF A PROHIBITION OR RESTRICTION IMPOSED UNDER
     8     SUBSECTION (B) IS GUILTY OF VIOLATING SUBSECTION (B), A
     9     SUMMARY OFFENSE, AND SHALL, UPON CONVICTION, BE SENTENCED TO
    10     PAY A FINE OF NOT LESS THAN $25 AND NOT MORE THAN $100,
    11     EXCEPT THAT FOR A VIOLATION OF A PROHIBITION OR RESTRICTION
    12     PERTAINING TO A GRADE DESIGNATED UNDER AUTHORITY OF
    13     SUBSECTION (B)(1), THE FINE SHALL BE $300.
    14  § 4921.  WIDTH OF VEHICLES.
    15     * * *
    16     (E)  MIRRORS, [AND] SUNSHADES AND OTHER SAFETY DEVICES.--
    17  MIRRORS AND SUNSHADES MAY EXTEND BEYOND THE MAXIMUM WIDTH OF A
    18  VEHICLE AS FOLLOWS:
    19         (1)  MIRRORS MAY EXTEND ON EACH SIDE A MAXIMUM OF SIX
    20     INCHES BEYOND THE WIDTH OF THE VEHICLE, TRAILER OR LOAD,
    21     WHICHEVER IS GREATER.
    22         (2)  SUNSHADES MAY EXTEND A MAXIMUM OF SIX INCHES ON EACH
    23     SIDE OF THE VEHICLE.
    24         (3)  SIDE-ARM STOP SIGNALS OR CROSSING CONTROL ARMS ON
    25     SCHOOL BUSES MAY EXTEND BEYOND THE MAXIMUM WIDTH AND LENGTH
    26     OF SCHOOL BUSES A DISTANCE WHICH SHALL BE PRESCRIBED BY
    27     DEPARTMENT REGULATIONS.
    28     * * *
    29     SECTION 4.  SECTIONS 4943(A) AND (B) AND 4945(B) OF TITLE 75
    30  ARE REPEALED.
    19810H1783B3247                  - 9 -

     1     SECTION 5.  SECTION 4969 OF TITLE 75 IS AMENDED TO READ:
     2  § 4969.  PERMIT FOR MOVEMENT OF VEHICLES WITH OVERSIZE WHEELS
     3           AND TIRES.
     4     AN ANNUAL PERMIT MAY BE ISSUED FOR THE OPERATION OR MOVEMENT
     5  BETWEEN SUNRISE AND SUNSET OF A VEHICLE CONTAINING WHEELS AND
     6  TIRES EXTENDING BEYOND THE MAXIMUM WIDTH ALLOWED IN SECTION
     7  4921(A) (RELATING TO WIDTH OF VEHICLES) IF THE DEPARTMENT
     8  DETERMINES THAT SUCH WHEELS AND TIRES ARE ESSENTIAL TO THE
     9  FUNCTION FOR WHICH THE VEHICLE IS DESIGNED OR ADAPTED AND USED.
    10  THE OVERALL WIDTH OF ANY VEHICLE PERMITTED UNDER THIS SECTION,
    11  INCLUDING WHEELS AND TIRES, SHALL NOT EXCEED [TEN] 11 FEET.
    12     SECTION 6.  SECTION 4981(C) OF TITLE 75 IS REPEALED.
    13     SECTION 7.  SECTIONS 4981(D) AND 4982(A) AND (C) OF TITLE 75
    14  ARE AMENDED TO READ:
    15  § 4981.  WEIGHING AND MEASUREMENT OF VEHICLES.
    16     * * *
    17     (D)  REWEIGHING AT REQUEST OF DRIVER OR OWNER.--WHENEVER
    18  SCALES OPERATED BY OTHER THAN THE DEPARTMENT INDICATE THAT A
    19  VEHICLE[,] OR WHEEL[, AXLE OR PAIR OF AXLES] IS OVERWEIGHT, THE
    20  DRIVER OR OWNER MAY ELECT TO HAVE THE VEHICLE REWEIGHED ON THE
    21  NEAREST AVAILABLE SCALES WHICH HAVE BEEN CERTIFIED BY THE
    22  DEPARTMENT OF AGRICULTURE. THE LOWER READING OF THE TWO SCALES
    23  SHALL DETERMINE WHETHER CHARGES SHALL BE FILED UNDER THIS
    24  SECTION.
    25     * * *
    26  § 4982.  REDUCING OR READJUSTING LOADS OF VEHICLES.
    27     (A)  VIOLATION OF WEIGHT LIMITATIONS.--IF THE GROSS WEIGHT OR
    28  THE WEIGHT UPON ANY WHEEL[,] OR TIRE[, AXLE OR GROUP OF AXLES]
    29  OF A VEHICLE OR COMBINATION EXCEEDS THE MAXIMUM ALLOWED, THE
    30  DRIVER SHALL REDUCE OR READJUST THE LOAD SO THAT THE GROSS
    19810H1783B3247                 - 10 -

     1  WEIGHT AND THE WEIGHT UPON EACH WHEEL[,] OR TIRE[, AXLE OR GROUP
     2  OF AXLES] WILL NOT EXCEED THE MAXIMUM WEIGHTS PERMITTED UNDER
     3  THIS CHAPTER.
     4     * * *
     5     (C)  LOAD ADJUSTMENT TO AVOID PROSECUTION.--IF THE GROSS
     6  WEIGHT OF THE VEHICLE OR COMBINATION DOES NOT EXCEED THE MAXIMUM
     7  ALLOWABLE GROSS WEIGHT [AND THE WEIGHT UPON ANY AXLE OR GROUP OF
     8  AXLES IS NOT MORE THAN 3% IN EXCESS OF THE MAXIMUM ALLOWABLE
     9  AXLE WEIGHT], THE OPERATOR SHALL BE ALLOWED FOUR HOURS TO ADJUST
    10  THE POSITION OF THE LOAD SO THAT THE WEIGHT UPON ALL WHEELS[,]
    11  OR TIRES[, AXLES AND GROUPS OF AXLES] DOES NOT EXCEED THE
    12  MAXIMUM ALLOWABLE WEIGHTS. IF THE LOAD IS SO REARRANGED NO
    13  ARREST SHALL BE MADE OR PROSECUTION BROUGHT FOR VIOLATION OF
    14  SUBCHAPTER C (RELATING TO MAXIMUM WEIGHTS OF VEHICLES).
    15     * * *
    16     Section 2.  This 8.  THE AMENDMENTS TO OR REPEALS OF SECTIONS  <--
    17  1535(A), 3365(C), 4704(A), (B) AND (D), AND 4902(B) AND (G) OF
    18  TITLE 75 SHALL TAKE EFFECT IN 60 DAYS. THE REMAINDER OF THIS act
    19  shall take effect in 90 days.








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