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        PRIOR PRINTER'S NO. 1745                      PRINTER'S NO. 2029

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1470 Session of 1999


        INTRODUCED BY MARSICO, BATTISTO, CLARK, GEIST, LYNCH,
           McILHINNEY, McNAUGHTON, RAMOS, SNYDER, E. Z. TAYLOR, TULLI
           AND YOUNGBLOOD, MAY 6, 1999

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 14, 1999

                                     AN ACT

     1  Amending Title TITLES 66 (PUBLIC UTILITIES) AND 75 (Vehicles) of  <--
     2     the Pennsylvania Consolidated Statutes, FURTHER PROVIDING FOR  <--
     3     MOTOR CARRIER AND BROKER VIOLATIONS; further providing for
     4     unlawful activities and for police and Commonwealth
     5     inspections relating to vehicle inspections; AND ESTABLISHING  <--
     6     THE MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 4107(d) of Title 75 of the Pennsylvania    <--
    10  Consolidated Statutes is amended and the section is amended by
    11  adding a subsection to read:
    12     SECTION 1.  SECTION 3312 OF TITLE 66 OF THE PENNSYLVANIA       <--
    13  CONSOLIDATED STATUTES IS AMENDED TO READ:
    14  § 3312.  EVASION OF MOTOR CARRIER AND BROKER LAWS AND
    15             REGULATIONS.
    16     (A)  PENALTY.--ANY PERSON, WHETHER CARRIER, SHIPPER,
    17  CONSIGNEE, OR BROKER, OR ANY OFFICER, EMPLOYEE, AGENT, OR
    18  REPRESENTATIVE THEREOF, WHO SHALL KNOWINGLY OFFER, GRANT, OR
    19  GIVE, OR SOLICIT, ACCEPT, OR RECEIVE ANY REBATE, CONCESSION, OR

     1  DISCRIMINATION, IN VIOLATION OF ANY PROVISION OF THIS PART WITH
     2  RESPECT TO MOTOR CARRIERS, OR WHO, BY MEANS OF FALSE STATEMENTS
     3  OR REPRESENTATIONS OR BY USE OF FALSE OR FICTITIOUS BILL, BILL
     4  OF LADING, RECEIPT, VOUCHER, ROLL, ACCOUNT, CLAIM, CERTIFICATE,
     5  AFFIDAVIT, DEPOSITION, LEASE, OR BILL OF SALE, OR BY ANY OTHER
     6  MEANS OR DEVICE, SHALL KNOWINGLY AND WILLFULLY, ASSIST, SUFFER
     7  OR PERMIT ANY PERSON OR PERSONS, NATURAL OR ARTIFICIAL, TO
     8  OBTAIN TRANSPORTATION OF PROPERTY BY MOTOR CARRIER SUBJECT TO
     9  THIS PART, FOR LESS THAN THE APPLICABLE RATE, FARE OR CHARGE, OR
    10  WHO SHALL KNOWINGLY AND WILLFULLY, BY ANY SUCH MEANS, OR
    11  OTHERWISE SEEK TO EVADE OR DEFEAT REGULATION IN THIS PART
    12  PROVIDED FOR MOTOR CARRIERS OR BROKERS, OR REQUIREMENTS AS
    13  PROVIDED IN 75 PA.C.S. §§ 4107 (RELATING TO UNLAWFUL ACTIVITIES)
    14  AND 4704 (RELATING TO INSPECTION BY POLICE OR COMMONWEALTH
    15  PERSONNEL), SHALL BE GUILTY OF A SUMMARY OFFENSE FOR THE FIRST
    16  OFFENSE AND A MISDEMEANOR OF THE THIRD DEGREE FOR SUBSEQUENT
    17  OFFENSES.
    18     (B)  ADMINISTRATIVE COORDINATION.--THE COMMISSION SHALL
    19  COORDINATE WITH THE DEPARTMENT OF TRANSPORTATION IN THE
    20  ENFORCEMENT OF SUBSECTION (A) AND 75 PA.C.S. §§ 4107(B.1) AND
    21  (D).
    22     SECTION 2.  SECTION 4107(D) OF TITLE 75 IS AMENDED AND THE
    23  SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
    24  § 4107.  Unlawful activities.
    25     * * *
    26     (b.1)  Out-of-service criteria.--
    27         (1)  No person shall operate a motor carrier vehicle or
    28     cause, permit, require or otherwise allow any other person to
    29     operate a motor carrier vehicle in violation of the standards  <--
    30     set forth in the North American Uniform Out-of-Service
    19990H1470B2029                  - 2 -

     1     Criteria, as amended, and published by the Commercial Vehicle
     2     Safety Alliance, which is hereby adopted as Commonwealth
     3     standards. REGULATIONS UNDER PARAGRAPH (2). THE DEPARTMENT     <--
     4     SHALL COORDINATE WITH THE PENNSYLVANIA PUBLIC UTILITY
     5     COMMISSION IN THE ENFORCEMENT OF THIS SUBSECTION AND 66
     6     PA.C.S. § 3312(A) (RELATING TO EVASION OF MOTOR CARRIER AND
     7     BROKER LAWS AND REGULATIONS).
     8         (2)  The department shall promulgate REGULATIONS ADOPTING  <--
     9     the provisions of the North American Uniform Out-of-Service
    10     Criteria, as amended, as regulations. (1994), PUBLISHED BY     <--
    11     THE COMMERCIAL VEHICLE SAFETY ALLIANCE; AND THE DEPARTMENT
    12     MAY AMEND THE REGULATIONS FROM TIME TO TIME AS NECESSARY.
    13     Regulations under this paragraph shall not be subject to the
    14     act of June 25, 1982 (P.L.633, No.181), known as the
    15     Regulatory Review Act.
    16     * * *
    17     (d)  Penalty.--
    18         (1)  A person who operates a motor carrier vehicle or a
    19     bus in violation of subsection (b)(2) commits a summary
    20     offense and, upon conviction, shall be sentenced to pay a
    21     fine of $25 per violation, except that the minimum fine for a
    22     violation not related to driver's hours of service which
    23     causes the driver or the vehicle to be placed out of service
    24     under section 4704(c) (relating to inspection by police or
    25     Commonwealth personnel) shall be $50 per violation. The
    26     maximum fine which may be levied on the basis of multiple
    27     charges filed together shall be $500.
    28         (2)  A person who causes [or], permits, requires or
    29     otherwise allows another person to operate a motor carrier
    30     vehicle or a bus in violation of subsection (b)(2) commits a
    19990H1470B2029                  - 3 -

     1     summary offense and, upon conviction, shall be sentenced to
     2     pay a fine of $50 per violation, except that the minimum fine
     3     for a violation not related to driver's hours of service
     4     which causes the driver or the vehicle to be placed out of
     5     service under section 4704(c) shall be $100 per violation.
     6     The maximum fine which may be levied on the basis of multiple
     7     charges filed together shall be $1,000.
     8         (3)  Any person who violates subsection (b.1), as it
     9     relates to driver's hours of service, commits a summary
    10     offense and shall, upon conviction, be sentenced to pay a
    11     fine of $500 per violation.
    12         (4)  THE DEPARTMENT SHALL COORDINATE WITH THE COMMISSION   <--
    13     IN THE ENFORCEMENT OF THIS SUBSECTION AND 66 PA.C.S. §
    14     3312(A).
    15     * * *
    16     Section 2 3.  Section 4704(c) of Title 75 is amended AND THE   <--
    17  SECTION IS AMENDED BY ADDING A SUBSECTION to read:
    18  § 4704.  Inspection by police or Commonwealth personnel.
    19     * * *
    20     (c)  Operation prohibited if hazardous.--
    21         (1)  In the event a vehicle or a mass transit vehicle, or
    22     its equipment, load or driver, in the reasonable judgment of
    23     the officer or qualified Commonwealth employee, is in such
    24     condition that further operation would be hazardous, the
    25     officer or qualified Commonwealth employee may require that
    26     the vehicle or the mass transit vehicle not be operated under
    27     its own power or that the driver discontinue driving, or
    28     both, and may so stipulate in the notice given under
    29     subsection (b). In the case of motor carrier vehicles or
    30     their drivers, all such determinations shall be based on out-
    19990H1470B2029                  - 4 -

     1     of-service criteria established in department regulations.
     2         (2)  In the event a motor carrier vehicle or mass transit
     3     vehicle is involved in an accident that causes the death of
     4     the vehicle operator or another person, the motor carrier
     5     vehicle or mass transit vehicle shall be inspected by a
     6     qualified Commonwealth employee, as designated by the
     7     department in accordance with the provisions of subsection
     8     (f), before the vehicle or driver will be allowed to continue
     9     operation.
    10     * * *
    11     (H)  ADMINISTRATIVE COORDINATION.--THE DEPARTMENT SHALL        <--
    12  COORDINATE WITH THE PENNSYLVANIA PUBLIC UTILITY COMMISSION IN
    13  THE ENFORCEMENT OF THIS SECTION AND 66 PA.C.S. § 3312(A)
    14  (RELATING TO EVASION OF MOTOR CARRIER AND BROKER LAWS AND
    15  REGULATIONS).
    16     Section 3.  This act shall take effect in 60 days.             <--
    17     SECTION 4.  TITLE 75 IS AMENDED BY ADDING A CHAPTER TO READ:   <--
    18                             CHAPTER 78
    19                        MOTOR CARRIER SAFETY
    20  SEC.
    21  7801.  SHORT TITLE OF CHAPTER.
    22  7802.  FINDINGS AND DECLARATION OF POLICY.
    23  7803.  DEFINITIONS.
    24  7804.  MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
    25  § 7801.  SHORT TITLE OF CHAPTER.
    26     THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE MOTOR
    27  CARRIER SAFETY ADVISORY COMMITTEE ACT.
    28  § 7802.  FINDINGS AND DECLARATION OF POLICY.
    29     (A)  FINDINGS.--IT IS HEREBY DETERMINED AND DECLARED AS A
    30  MATTER OF LEGISLATIVE FINDINGS THAT:
    19990H1470B2029                  - 5 -

     1         (1)  THE OPERATION OF THE MOTOR CARRIER INDUSTRY IS A
     2     VITAL PART OF THE ECONOMIC HEALTH OF THIS COMMONWEALTH, BY
     3     PROVIDING NEEDED GOODS AND SERVICES AS WELL AS JOB
     4     OPPORTUNITIES FOR MANY PENNSYLVANIANS.
     5         (2)  AS MORE AND MORE MOTOR CARRIERS SHARE THE ROAD WITH
     6     OTHER VEHICLES, PUBLIC SAFETY CONCERNS CONTINUE TO RISE. THE
     7     LATEST STATISTICS FROM THE NATIONAL HIGHWAY TRAFFIC SAFETY
     8     ADMINISTRATION INDICATE THAT, ON A NATIONAL LEVEL, WHILE
     9     TRUCKS REPRESENT ONLY 3% OF VEHICLES ON THE ROAD, THEY WERE
    10     INVOLVED IN 13% OF HIGHWAY DEATHS IN 1997 ALONE AND, IN THE
    11     SAME YEAR, 444,000 LARGE TRUCKS WERE INVOLVED IN CRASHES,
    12     KILLING 5,355 PERSONS AND INJURING 133,000 MORE.
    13         (3)  IN ORDER TO PROMOTE THE SAFETY OF THIS
    14     COMMONWEALTH'S HIGHWAYS, AND TO BEST SAFEGUARD PENNSYLVANIA
    15     RESIDENTS AND THEIR PROPERTY, IT IS ESSENTIAL TO PROVIDE
    16     GUIDELINES TO ENSURE THAT MOTOR CARRIERS CONDUCT THEIR
    17     OPERATIONS IN A SAFE, RESPONSIBLE AND PROFESSIONAL MANNER.
    18     (B)  DECLARATION OF POLICY.--THE PURPOSE OF THIS CHAPTER IS
    19  TO PROMOTE THE SAFE, RESPONSIBLE AND PROFESSIONAL OPERATION OF
    20  MOTOR CARRIERS WITHIN THIS COMMONWEALTH.
    21  § 7803.  DEFINITIONS.
    22     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
    23  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    24  CONTEXT CLEARLY INDICATES OTHERWISE:
    25     "COMMITTEE."  THE MOTOR CARRIER SAFETY ADVISORY COMMITTEE
    26  CREATED BY THIS CHAPTER.
    27     "DEPARTMENT."  THE DEPARTMENT OF TRANSPORTATION OF THE
    28  COMMONWEALTH.
    29  § 7804.  MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
    30     (A)  CREATION.--THERE IS HEREBY CREATED A MOTOR CARRIER
    19990H1470B2029                  - 6 -

     1  SAFETY ADVISORY COMMITTEE WHICH SHALL CONSIST OF THE FOLLOWING
     2  26 MEMBERS:
     3         (1)  THE SECRETARY OF TRANSPORTATION.
     4         (2)  THE CHAIRMAN OF THE PENNSYLVANIA PUBLIC UTILITY
     5     COMMISSION.
     6         (3)  THE CHAIRMAN OF THE PENNSYLVANIA TURNPIKE
     7     COMMISSION.
     8         (4)  THE COMMISSIONER OF THE PENNSYLVANIA STATE POLICE.
     9         (5)  THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
    10     TRANSPORTATION COMMITTEE OF THE SENATE.
    11         (6)  THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
    12     TRANSPORTATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
    13         (7)  EIGHTEEN MEMBERS OF THE PUBLIC REPRESENTING THE
    14     AREAS OF CONCERN SPECIFIED WHO SHALL HAVE EXTENSIVE
    15     EXPERIENCE AND KNOWLEDGE OF MOTOR CARRIER TRANSPORTATION
    16     ACTIVITIES THROUGHOUT THIS COMMONWEALTH, TO BE APPOINTED BY
    17     THE GOVERNOR AS FOLLOWS:
    18             (I)  ONE REPRESENTATIVE FROM THE PENNSYLVANIA CHAMBER
    19         OF BUSINESS AND INDUSTRY.
    20             (II)  ONE REPRESENTATIVE FROM THE PENNSYLVANIA CHIEFS
    21         OF POLICE ASSOCIATION.
    22             (III)  ONE REPRESENTATIVE FROM THE SPECIAL COURT
    23         JUDGES ASSOCIATION OF PENNSYLVANIA.
    24             (IV)  TWO PERSONS REPRESENTING THE INTERESTS OF
    25         INDEPENDENT TRUCKERS.
    26             (V)  TWO REPRESENTATIVES FROM THE PENNSYLVANIA MOTOR
    27         TRUCK ASSOCIATION.
    28             (VI)  TWO REPRESENTATIVES FROM THE PENNSYLVANIA TRUCK
    29         TRANSPORTATION ALLIANCE.
    30             (VII)  ONE REPRESENTATIVE FROM THE PENNSYLVANIA AAA
    19990H1470B2029                  - 7 -

     1         FEDERATION.
     2             (VIII)  ONE REPRESENTATIVE FROM THE PENNSYLVANIA
     3         PUBLIC TRANSPORTATION ASSOCIATION.
     4             (IX)  ONE REPRESENTATIVE FROM THE PENNSYLVANIA BUS
     5         ASSOCIATION.
     6             (X)  ONE REPRESENTATIVE FROM THE PENNSYLVANIA SCHOOL
     7         BUS ASSOCIATION.
     8             (XI)  ONE REPRESENTATIVE FROM THE HARDWOOD LUMBER
     9         MANUFACTURERS ASSOCIATION OF PENNSYLVANIA.
    10             (XII)  ONE PERSON REPRESENTING THE INTERESTS OF MOTOR
    11         CARRIER DRIVERS.
    12             (XIII)  ONE PERSON REPRESENTING THE INTERESTS OF BULK
    13         HAULERS.
    14             (XIV)  ONE REPRESENTATIVE FROM THE MOVING AND STORAGE
    15         INDUSTRY IN PENNSYLVANIA.
    16             (XV)  ONE REPRESENTATIVE FROM THE PETROLEUM INDUSTRY
    17         IN PENNSYLVANIA.
    18     (B)  CHAIRPERSON.--THE GOVERNOR SHALL APPOINT ONE MEMBER OF
    19  THE COMMITTEE AS CHAIRPERSON. THE MEMBERS OF THE COMMITTEE SHALL
    20  ANNUALLY ELECT A VICE CHAIRPERSON, A SECRETARY AND A TREASURER
    21  FROM AMONG THE PUBLIC MEMBERS APPOINTED TO THE COMMITTEE.
    22     (C)  DESIGNEES.--EACH MEMBER MAY DESIGNATE A REPRESENTATIVE
    23  TO SERVE IN HIS OR HER STEAD. A MEMBER WHO DESIGNATES A
    24  REPRESENTATIVE SHALL NOTIFY THE CHAIRPERSON, IN WRITING, OF THE
    25  DESIGNATION.
    26     (D)  TERMS OF APPOINTEES.--THE TERMS OF ALL MEMBERS OF THE
    27  COMMITTEE APPOINTED BY THE GOVERNOR SHALL BE FOR THREE YEARS.
    28  ANY MEMBER OF THE COMMITTEE MAY BE REAPPOINTED FOR AN ADDITIONAL
    29  TERM OR TERMS. ANY PERSON APPOINTED TO FILL A VACANCY SHALL
    30  SERVE ONLY FOR THE UNEXPIRED TERM. EACH MEMBER SHALL SERVE UNTIL
    19990H1470B2029                  - 8 -

     1  THE APPOINTMENT OF A SUCCESSOR.
     2     (E)  MEETINGS AND EXPENSES.--
     3         (1)  THE COMMITTEE SHALL MEET AT LEAST FOUR TIMES EVERY
     4     12 MONTHS, BUT MAY HOLD SUCH ADDITIONAL MEETINGS AS ARE
     5     CALLED BY THE CHAIRPERSON OR BY PETITION OF AT LEAST SIX
     6     COMMITTEE MEMBERS. THE CHAIRPERSON SHALL PROVIDE NOTICE AT
     7     LEAST 14 DAYS IN ADVANCE FOR REGULAR MEETINGS AND SHALL
     8     PROVIDE A MINIMUM OF THREE DAYS' NOTICE FOR SPECIAL MEETINGS.
     9     A MAJORITY OF THE APPOINTED MEMBERS SHALL CONSTITUTE A QUORUM
    10     FOR THE CONDUCT OF BUSINESS. THE SECRETARY SHALL MAINTAIN A
    11     RECORD OF MEETING ATTENDANCE BY MEMBERS AND SHALL PROVIDE
    12     WRITTEN NOTICE TO MEMBERS WHO MISS TWO CONSECUTIVE MEETINGS.
    13     THREE CONSECUTIVE COMMITTEE MEETING ABSENCES BY A MEMBER
    14     SHALL BE GROUNDS FOR REMOVAL IF AFFIRMED BY A MAJORITY VOTE
    15     OF THE COMMITTEE.
    16         (2)  MINUTES OF MEETINGS SHALL BE PREPARED BY THE
    17     SECRETARY AND FILED WITH THE COMMITTEE AND DISTRIBUTED TO ALL
    18     MEMBERS. ALL RECORDS SHALL BE A MATTER OF PUBLIC RECORD.
    19         (3)  THE PUBLIC MEMBERS OF THE COMMITTEE SHALL BE ALLOWED
    20     REASONABLE PER DIEM EXPENSES TO BE SET BY THE COMMITTEE. THE
    21     DEPARTMENT SHALL PROVIDE APPROPRIATE STAFF SUPPORT TO ENABLE
    22     THE COMMITTEE TO PROPERLY CARRY OUT ITS FUNCTION.
    23     (F)  POWERS AND DUTIES.--THE COMMITTEE SHALL HAVE THE POWER
    24  AND DUTY TO ASSESS, EVALUATE AND RECOMMEND STANDARDS FOR THE
    25  SAFE OPERATION OF MOTOR CARRIERS IN THIS COMMONWEALTH,
    26  INCLUDING, BUT NOT LIMITED TO THE FOLLOWING OBJECTIVES:
    27         (1)  DEVELOP CONTINUING EDUCATION PROGRAMS FOR FIRST-YEAR
    28     AND SECOND-YEAR CDL DRIVERS AND CONSIDER INCENTIVE PROGRAMS
    29     FOR DRIVERS WHO UNDERGO INCREMENTAL SAFETY TRAINING AND
    30     TESTING THROUGHOUT THEIR DRIVING CAREERS.
    19990H1470B2029                  - 9 -

     1         (2)  EXAMINE WAYS IN WHICH TO INCREASE AND DOCUMENT MOTOR
     2     CARRIER USE OF THE PENNSYLVANIA TURNPIKE, INCLUDING THE
     3     POSSIBILITY OF A FUEL TAX REBATE OR OTHER INCENTIVES.
     4         (3)  STUDY THE FEASIBILITY OF UTILIZING EXISTING AND
     5     DEVELOPING TECHNOLOGY RELATIVE TO THE ELECTRONIC CONTROL
     6     MECHANISMS OF MOTOR CARRIERS TO AID IN THE ENFORCEMENT OF
     7     SPEED LIMITS.
     8         (4)  DEVELOP A POLICY TO ADDRESS THE DISSEMINATION OF
     9     INFORMATION AMONG EMPLOYERS OF CDL DRIVERS RELATIVE TO
    10     EMPLOYEE JOB PERFORMANCE AND CONDUCT, IN ORDER TO BEST
    11     PROTECT THE PUBLIC FROM UNSAFE DRIVERS.
    12         (5)  ANALYZE THE FEASIBILITY OF INSTITUTING ENHANCED
    13     PENALTIES FOR MOTOR CARRIER MOVING VIOLATIONS AND OF
    14     UTILIZING THE AMOUNT OF THE INCREASE AS A DEDICATED SOURCE OF
    15     FUNDING FOR THE CONSTRUCTION OF SECURITY WALLS.
    16         (6)  PROVIDE A FORUM FOR THE EXCHANGE OF INFORMATION ON
    17     THE PROBLEMS ASSOCIATED WITH TRAVEL AS PASSENGER VEHICLES,
    18     MOTORCYCLES AND MOTOR CARRIERS SHARE THE ROAD SYSTEMS AND
    19     CONSIDER EDUCATION INITIATIVES AIMED AT THE MOTORING PUBLIC
    20     AS WELL AS THE MOTOR CARRIER INDUSTRY.
    21         (7)  CONSIDER ANY OTHER ISSUE RAISED IN RELATION TO MOTOR
    22     CARRIER OPERATION AND ROAD SAFETY THAT MAY ARISE FROM TIME TO
    23     TIME.
    24     (G)  REPORTS.--THE COMMITTEE SHALL SUBMIT QUARTERLY REPORTS
    25  OF ITS DELIBERATIONS, CONCLUSIONS AND SUGGESTIONS TO THE
    26  GOVERNOR AND MEMBERS OF THE GENERAL ASSEMBLY.
    27     SECTION 5.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
    28         (1)  THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
    29     IMMEDIATELY:
    30             (I)  THE ADDITION OF 75 PA.C.S. CH. 78.
    19990H1470B2029                 - 10 -

     1             (II)  THIS SECTION.
     2         (2)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
     3     DAYS.


















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