SENATE AMENDED
PRIOR PRINTER'S NOS. 132, 942 PRINTER'S NO. 2074
No. 121 Session of 1989
INTRODUCED BY BATTISTO, CAPPABIANCA, GRUPPO, JAROLIN, BORTNER,
MARKOSEK, RYBAK, HASAY, STABACK, J. TAYLOR, J. L. WRIGHT,
BIRMELIN, OLASZ, S. H. SMITH, FOX, PISTELLA, YANDRISEVITS,
DeLUCA, STUBAN, DAVIES, TIGUE, LEVDANSKY, LUCYK, BLACK,
E. Z. TAYLOR, RAYMOND, VROON, VEON, DIETTERICK, FLICK,
BELARDI, KOSINSKI, LLOYD, McHALE, COLAFELLA, PRESSMANN,
ARGALL AND DISTLER, JANUARY 25, 1989
SENATOR CORMAN, TRANSPORTATION, IN SENATE, AS AMENDED,
JUNE 14, 1989
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for the securing of loads on
3 vehicles hauling garbage.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 4903 of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended by adding subsections to read:
8 § 4903. Securing loads in vehicles.
9 * * *
10 (c.1) Load of loose garbage.--Every load of loose, nonbaled
11 garbage, waste, refuse or rubbish being transported through or
12 within this Commonwealth shall be transported in a vehicle with
13 four solid sides and with a cover or top of a type to prevent
14 any of the load from escaping. The cover or top shall remain in
15 place both going to and coming from a disposal site. The load
1 shall be no higher than the solid sides of the vehicle. No
2 truck, trailer or semitrailer with an open body or stake body
3 shall be used for such purposes. This subsection shall not apply
4 to vehicles engaged in the systematic collection of garbage or
5 refuse and which are designed to be open in the rear for the
6 loading of garbage or refuse.
7 (c.2) Load of baled garbage.--Garbage, waste, refuse or
8 rubbish in a tightly compacted and baled form being transported
9 through or within this Commonwealth shall be securely fastened
10 to the vehicle and covered over all exposed areas with a canvas
11 cover or cover of a comparable type which shall be securely
12 attached to the underside of all sides of the truck, trailer or
13 semitrailer to prevent any of the material from the bales from
14 escaping. No part of any bale shall be uncovered at any time
15 during transportation within or through this Commonwealth until
16 arrival at the disposal site.
17 * * *
18 (f) Penalty.--A person who owns or who operates a vehicle in
19 violation of subsection (c.1) or (c.2) commits a summary offense
20 and shall, upon conviction, be sentenced to pay a fine of not
21 less than $300 nor more than $1,000. Notwithstanding the
22 provisions of 42 Pa.C.S. §§ 3571 (relating to Commonwealth
23 portion of fines, etc.) and 3573 (relating to municipal
24 corporation portion of fines, etc.), 50% DISPOSITION of any fine <--
25 collected for a violation of subsection (c.1) or (c.2) shall be
26 payable to the Commonwealth for use by the Department of <--
27 Transportation for litter control, and 50% shall be payable to
28 the municipal corporation in which the offense was committed for
29 use by the municipal corporation for litter control. AS FOLLOWS: <--
30 (1) UNLESS PARAGRAPH (2) APPLIES, THE FINE COLLECTED
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1 SHALL BE PAID TO THE COMMONWEALTH FOR DEPOSIT INTO THE MOTOR
2 LICENSE FUND.
3 (2) IF THE COUNTY WHERE THE OFFENSE WAS COMMITTED HAS A
4 LITTER CONTROL PROGRAM APPROVED BY THE DEPARTMENT, 50% OF THE
5 FINE COLLECTED SHALL BE PAID TO THE COUNTY FOR EXPENDITURE IN
6 THE APPROVED LITTER CONTROL PROGRAM; AND 50% OF THE FINE
7 COLLECTED SHALL BE PAID TO THE COMMONWEALTH FOR DEPOSIT INTO
8 THE MOTOR LICENSE FUND.
9 Section 2. This act shall take effect immediately.
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