PRIOR PRINTER'S NO. 849 PRINTER'S NO. 1005
No. 800 Session of 1995
INTRODUCED BY STOUT, CORMAN, HART, O'PAKE AND BELAN,
MARCH 21, 1995
SENATOR CORMAN, TRANSPORTATION, AS AMENDED, APRIL 26, 1995
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for prohibiting use of hearing
3 impairment devices, FOR FINES FOR RECKLESS DRIVING AND FOR <--
4 PERMIT FOR MOVEMENT DURING COURSE OF MANUFACTURE.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3314 of Title 75 of the Pennsylvania <--
8 Consolidated Statutes is amended to read:
9 SECTION 1. SECTION 102 OF TITLE 75 OF THE PENNSYLVANIA <--
10 CONSOLIDATED STATUTES IS AMENDED BY ADDING A DEFINITION TO READ:
11 § 102. DEFINITIONS.
12 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
13 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
14 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
15 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
16 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
17 * * *
18 "INTERSTATE HIGHWAY." A FREEWAY ON THE DWIGHT D. EISENHOWER
1 SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS.
2 * * *
3 SECTION 2. SECTIONS 3314, 3326(C) AND 4962(F) OF TITLE 75
4 ARE AMENDED TO READ:
5 § 3314. Prohibiting use of hearing impairment devices.
6 (a) General rule.--No driver shall operate a vehicle while
7 wearing or using one or more headphones[,] OR earphones [or any <--
8 similar device which the department by regulation determines
9 would impair the ability of the driver to hear traffic sounds]. <--
10 (b) Exception.--This section does not prohibit the use of
11 hearing aids or other devices for improving the hearing of the
12 driver, nor does it prohibit the use of a headset in conjunction
13 with a cellular telephone that only provides sound through one
14 ear and allows surrounding sounds to be heard with the other
15 ear, nor does it prohibit the use of communication equipment by
16 the driver of [a fire] AN EMERGENCY vehicle or by motorcycle <--
17 operators complying with section 3525 (relating to protective
18 equipment for motorcycle riders).
19 § 3326. DUTY OF DRIVER IN CONSTRUCTION AND MAINTENANCE AREAS. <--
20 * * *
21 (C) FINES TO BE DOUBLED.--THE FINE FOR ANY OF THE FOLLOWING
22 VIOLATIONS, WHEN COMMITTED IN A CONSTRUCTION OR MAINTENANCE AREA
23 MANNED BY WORKERS ACTING IN THEIR OFFICIAL CAPACITY, SHALL BE
24 DOUBLE THE USUAL AMOUNT:
25 SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED
26 PERSONS DIRECTING TRAFFIC).
27 SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC-
28 CONTROL DEVICES).
29 SECTION 3112 (RELATING TO TRAFFIC-CONTROL SIGNALS).
30 SECTION 3114 (RELATING TO FLASHING SIGNALS).
19950S0800B1005 - 2 -
1 SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING
2 IN OPPOSITE DIRECTION).
3 SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE
4 LEFT).
5 SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE
6 RIGHT).
7 SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING
8 ON THE LEFT).
9 SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON
10 LEFT SIDE OF ROADWAY).
11 SECTION 3307 (RELATING TO NO-PASSING ZONES).
12 SECTION 3309 (RELATING TO DRIVING ON ROADWAYS LANED
13 FOR TRAFFIC).
14 SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY).
15 SECTION 3323 (RELATING TO STOP SIGNS AND YIELD
16 SIGNS).
17 SECTION 3326 (RELATING TO DUTY OF DRIVER IN
18 CONSTRUCTION AND MAINTENANCE AREAS).
19 SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE
20 SPEED).
21 SECTION 3362 (RELATING TO MAXIMUM SPEED LIMITS).
22 SECTION 3702 (RELATING TO LIMITATIONS ON BACKING).
23 SECTION 3714 (RELATING TO [RECKLESS] CARELESS
24 DRIVING).
25 SECTION 3715 (RELATING TO RESTRICTION ON ALCOHOLIC
26 BEVERAGES).
27 SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF
28 ALCOHOL OR CONTROLLED SUBSTANCE).
29 SECTION 3736 (RELATING TO RECKLESS DRIVING).
30 * * *
19950S0800B1005 - 3 -
1 § 4962. CONDITIONS OF PERMITS AND SECURITY FOR DAMAGES.
2 * * *
3 (F) WHEN LOADS PERMITTED.--ONLY VEHICLES AND COMBINATIONS
4 PERMITTED UNDER THE FOLLOWING PROVISIONS SHALL BE AUTHORIZED TO
5 CARRY OR HAUL LOADS WHILE OPERATING UNDER THE PERMIT:
6 SECTION [4961(A)(6)] 4961(A)(2), (3) AND (6) (RELATING TO
7 AUTHORITY TO ISSUE PERMITS).
8 SECTION [4965(2)] 4965 (RELATING TO SINGLE PERMITS FOR
9 MULTIPLE HIGHWAY CROSSINGS).
10 SECTION 4968 (RELATING TO PERMIT FOR MOVEMENT DURING
11 COURSE OF MANUFACTURE).
12 SECTION 4970(B) (RELATING TO PERMIT FOR MOVEMENT OF
13 CONSTRUCTION EQUIPMENT).
14 SECTION 4974 (RELATING TO PERMIT FOR MOVEMENT OF
15 CONTAINERIZED CARGO).
16 * * *
17 SECTION 3. SECTION 4968 OF TITLE 75, AMENDED DECEMBER 28,
18 1994 (P.L.1450, NO.172), IS AMENDED TO READ:
19 § 4968. PERMIT FOR MOVEMENT DURING COURSE OF MANUFACTURE.
20 AN ANNUAL PERMIT MAY BE ISSUED AUTHORIZING MOVEMENT ON
21 HIGHWAYS OF BOATS, TRAILERS, MOBILE HOMES, MODULAR HOUSING UNITS
22 AND UNDERCARRIAGES, HELICOPTERS, RAILWAY EQUIPMENT AND RAILS OR
23 OTHER ARTICLES, VEHICLES OR COMBINATIONS WHICH EXCEED THE
24 MAXIMUM HEIGHT, WIDTH OR LENGTH SPECIFIED IN SUBCHAPTER B
25 (RELATING TO WIDTH, HEIGHT AND LENGTH) OR COMBINATIONS CARRYING
26 STEEL COILS WHICH EXCEED THE MAXIMUM WEIGHT SPECIFIED IN
27 SUBCHAPTER C (RELATING TO MAXIMUM WEIGHTS OF VEHICLES) WHILE
28 THEY ARE IN THE COURSE OF MANUFACTURE AND ENTIRELY WITHIN THE
29 CONTROL OF THE MANUFACTURER, SUBJECT TO THE FOLLOWING
30 PROVISIONS:
19950S0800B1005 - 4 -
1 (1) EXCEPT FOR ARTICLES AND VEHICLES NOT EXCEEDING 102
2 INCHES IN WIDTH, NO PERMIT SHALL BE ISSUED UNDER THIS SECTION
3 FOR MOVEMENT OF ARTICLES OR VEHICLES WHILE THEY ARE IN
4 TRANSIT FROM THE MANUFACTURER TO A PURCHASER OR DEALER OR FOR
5 THE MOVEMENT OF ARTICLES OR VEHICLES UPON A FREEWAY.
6 (2) ARTICLES AND VEHICLES NOT WIDER THAN 102 INCHES MAY
7 BE MOVED ANY DISTANCE ON A PERMIT. ARTICLES AND VEHICLES
8 WIDER THAN 102 INCHES BUT NOT IN EXCESS OF TEN FEET IN WIDTH
9 MAY BE MOVED UP TO 50 MILES ON A PERMIT. WIDER ARTICLES AND
10 VEHICLES MAY BE MOVED NO FARTHER THAN TEN MILES ON A PERMIT.
11 (3) A COMBINATION OF VEHICLES WHICH IS HAULING FLAT-
12 ROLLED STEEL COILS MAY BE PERMITTED [BY THE DEPARTMENT] TO
13 MOVE UPON SPECIFIED [STATE] HIGHWAYS A DISTANCE NOT EXCEEDING
14 [TEN] 25 MILES, PROVIDED, HOWEVER, THAT THE GROSS WEIGHT
15 SHALL NOT EXCEED 100,000 POUNDS NOR SHALL THE WEIGHT OF ANY
16 NONSTEERING AXLE EXCEED 21,000 POUNDS. NO PERMIT MAY BE
17 ISSUED FOR THIS TYPE OF MOVEMENT UPON [A FREEWAY] AN
18 INTERSTATE HIGHWAY.
19 (4) A PERMIT MAY BE DENIED IN ORDER TO PRESERVE THE
20 SAFETY OF HIGHWAY USERS OR TO PROTECT THE STRUCTURAL
21 INTEGRITY OF HIGHWAYS OR BRIDGES OR AS OTHERWISE AUTHORIZED
22 BY DEPARTMENT REGULATIONS.
23 Section 2 4. This act shall take effect in 60 days. <--
B28L90PJP/19950S0800B1005 - 5 -