HOUSE AMENDED
PRIOR PRINTER'S NOS. 2033, 2292 PRINTER'S NO. 2307
No. 1478 Session of 2000
INTRODUCED BY MOWERY, JUNE 12, 2000
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 20, 2000
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing FOR SUSPENSION OF OPERATING <--
3 PRIVILEGE, FOR DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED <--
4 OR REVOKED, FOR RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES
5 AND for certain permits; AND PROVIDING FOR PETITIONS FOR <--
6 REMOVAL OF CERTAIN SUSPENSIONS OR REVOCATIONS AND FOR STOP
7 INTERSECTIONS OR JUNCTIONS AND TRAFFIC-CONTROL DEVICES.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 4979.3(b) of Title 75 of the Pennsylvania <--
11 Consolidated Statutes is amended to read:
12 SECTION 1. SECTIONS 1532(A)(3), 1543(A) AND (B)(1), 4902, <--
13 4979.3(B), 6109(E) AND 6122(A) OF TITLE 75 OF THE PENNSYLVANIA
14 CONSOLIDATED STATUTES IS ARE AMENDED TO READ: <--
15 § 1532. SUSPENSION OF OPERATING PRIVILEGE.
16 (A) ONE-YEAR SUSPENSION.--THE DEPARTMENT SHALL SUSPEND THE
17 OPERATING PRIVILEGE OF ANY DRIVER FOR ONE YEAR UPON RECEIVING A
18 CERTIFIED RECORD OF THE DRIVER'S CONVICTION OF OR AN
19 ADJUDICATION OF DELINQUENCY BASED ON ANY OF THE FOLLOWING
1 OFFENSES:
2 * * *
3 (3) ANY VIOLATION OF THE FOLLOWING PROVISIONS:
4 SECTION 3732 (RELATING TO HOMICIDE BY VEHICLE).
5 SECTION 3735.1 (RELATING TO AGGRAVATED ASSAULT BY
6 VEHICLE WHILE DRIVING UNDER THE INFLUENCE).
7 SECTION 3742 (RELATING TO ACCIDENTS INVOLVING DEATH
8 OR PERSONAL INJURY).
9 SECTION 3742.1 (RELATING TO ACCIDENTS INVOLVING DEATH
10 OR PERSONAL INJURY WHILE NOT PROPERLY LICENSED).
11 [SECTION 7102(B) (RELATING TO REMOVAL OR
12 FALSIFICATION OF IDENTIFICATION NUMBER).
13 SECTION 7103(B) (RELATING TO DEALING IN VEHICLES WITH
14 REMOVED OR FALSIFIED NUMBERS).]
15 SECTION 7111 (RELATING TO DEALING IN TITLES AND
16 PLATES FOR STOLEN VEHICLES).
17 SECTION 7121 (RELATING TO FALSE APPLICATION FOR
18 CERTIFICATE OF TITLE OR REGISTRATION).
19 SECTION 7122 (RELATING TO ALTERED, FORGED OR
20 COUNTERFEIT DOCUMENTS AND PLATES).
21 * * *
22 § 1543. DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR <--
23 REVOKED.
24 (A) OFFENSE DEFINED.--EXCEPT AS PROVIDED IN SUBSECTION (B),
25 ANY PERSON WHO DRIVES A MOTOR VEHICLE ON ANY HIGHWAY OR
26 TRAFFICWAY OF THIS COMMONWEALTH AFTER THE COMMENCEMENT OF A
27 SUSPENSION, REVOCATION OR CANCELLATION OF THE OPERATING
28 PRIVILEGE AND BEFORE THE OPERATING PRIVILEGE HAS BEEN RESTORED
29 IS GUILTY OF A [SUMMARY OFFENSE] MISDEMEANOR OF THE THIRD DEGREE
30 AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF [$200]
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1 $1,000.
2 (B) CERTAIN OFFENSES.--
3 (1) ANY PERSON WHO DRIVES A MOTOR VEHICLE ON ANY HIGHWAY
4 OR TRAFFICWAY OF THIS COMMONWEALTH AT A TIME WHEN THEIR
5 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A CONDITION OF
6 ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION FOR A
7 VIOLATION OF SECTION 3731 (RELATING TO DRIVING UNDER
8 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR BECAUSE OF A
9 VIOLATION OF SECTION 1547(B)(1) (RELATING TO SUSPENSION FOR
10 REFUSAL) OR 3731 OR SUSPENDED UNDER SECTION 1581 (RELATING TO
11 DRIVER'S LICENSE COMPACT) FOR AN OFFENSE SUBSTANTIALLY
12 SIMILAR TO A VIOLATION OF SECTION 3731 SHALL, UPON
13 CONVICTION, BE GUILTY OF A [SUMMARY OFFENSE] MISDEMEANOR OF
14 THE THIRD DEGREE AND SHALL BE SENTENCED TO PAY A FINE OF
15 [$1,000] $2,000 AND TO UNDERGO IMPRISONMENT FOR A PERIOD OF
16 NOT LESS THAN 90 DAYS.
17 * * *
18 § 4902. RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES.
19 (A) RESTRICTIONS BASED ON CONDITION OF HIGHWAY OR BRIDGE.--
20 THE COMMONWEALTH AND LOCAL AUTHORITIES WITH RESPECT TO HIGHWAYS
21 AND BRIDGES UNDER THEIR JURISDICTIONS MAY PROHIBIT THE OPERATION
22 OF VEHICLES AND MAY IMPOSE RESTRICTIONS AS TO THE WEIGHT OR SIZE
23 OF VEHICLES OPERATED UPON A HIGHWAY OR BRIDGE [WHENEVER] ONLY
24 WHEN THEY DETERMINE BY CONDUCTING AN ENGINEERING AND TRAFFIC
25 STUDY AS PROVIDED FOR IN DEPARTMENT REGULATIONS, THAT THE
26 HIGHWAY OR BRIDGE MAY BE DAMAGED OR DESTROYED UNLESS USE BY
27 VEHICLES IS PROHIBITED OR THE PERMISSIBLE SIZE OR WEIGHT OF
28 VEHICLES IS REDUCED. SCHOOL BUSES, EMERGENCY VEHICLES AND
29 VEHICLES MAKING LOCAL DELIVERIES OR PICKUPS MAY BE EXEMPTED FROM
30 RESTRICTIONS ON THE USE OF HIGHWAYS IMPOSED UNDER THIS
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1 SUBSECTION.
2 (B) RESTRICTIONS BASED ON TRAFFIC CONDITIONS.--THE
3 COMMONWEALTH AND LOCAL AUTHORITIES WITH RESPECT TO HIGHWAYS AND
4 BRIDGES UNDER THEIR JURISDICTIONS MAY PROHIBIT THE OPERATION OF
5 VEHICLES AND MAY IMPOSE RESTRICTIONS AS TO THE WEIGHT OR SIZE OF
6 VEHICLES OPERATED UPON A HIGHWAY OR BRIDGE WHENEVER THEY
7 DETERMINE THAT HAZARDOUS TRAFFIC CONDITIONS OR OTHER SAFETY
8 FACTORS REQUIRE SUCH A PROHIBITION OR RESTRICTION. SCHOOL BUSES,
9 EMERGENCY VEHICLES AND VEHICLES MAKING LOCAL DELIVERIES OR
10 PICKUPS MAY BE EXEMPTED FROM RESTRICTIONS ON THE USE OF HIGHWAYS
11 IMPOSED UNDER THIS SUBSECTION.
12 (C) PERMITS AND SECURITY.--THE COMMONWEALTH AND LOCAL
13 AUTHORITIES MAY ISSUE PERMITS FOR MOVEMENT OF VEHICLES OF SIZE
14 AND WEIGHT IN EXCESS OF RESTRICTIONS PROMULGATED UNDER
15 SUBSECTIONS (A) AND (B) WITH RESPECT TO HIGHWAYS AND BRIDGES
16 UNDER THEIR JURISDICTION AND MAY REQUIRE SUCH UNDERTAKING OR
17 SECURITY AS THEY DEEM NECESSARY TO COVER THE COST OF REPAIRS AND
18 RESTORATION NECESSITATED BY THE PERMITTED MOVEMENT OF VEHICLES.
19 THE COMMONWEALTH AND LOCAL AUTHORITIES SHALL NOT REFUSE TO ISSUE
20 A PERMIT FOR CONDITIONS UNDER SUBSECTION (A) WITH RESPECT TO A
21 HIGHWAY UNDER THEIR JURISDICTION IF THERE IS NO REASONABLE
22 ALTERNATE ROUTE AVAILABLE. FOR PURPOSES OF THIS SUBSECTION,
23 "REASONABLE ALTERNATE ROUTE" SHALL MEAN A ROUTE MEETING THE
24 CRITERIA SET FORTH IN DEPARTMENT REGULATIONS, RELATING TO
25 TRAFFIC AND ENGINEERING STUDIES, AND HAVING A DEVIATION FROM THE
26 POINT OF ENTERING TO THE POINT OF EMERGENCE FROM THE WEIGHT
27 RESTRICTED HIGHWAY CAUSING A DETOUR WITH AN ADDITIONAL MILEAGE
28 OF NOT MORE THAN FIVE MILES IN ONE DIRECTION.
29 (D) DESIGNATION OF ALTERNATE ROUTES.--
30 (1) IN CONJUNCTION WITH THE EXERCISE OF THE POWERS SET
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1 FORTH IN SUBSECTIONS (A) AND (B), THE COMMONWEALTH MAY
2 DESIGNATE ALTERNATE ROUTES FOR VEHICLES IN EXCESS OF
3 SPECIFIED WEIGHTS OR SIZES. SUCH ALTERNATE ROUTES MAY UTILIZE
4 PORTIONS OF THE PENNSYLVANIA TURNPIKE.
5 (2) IN CONJUNCTION WITH THE EXERCISE OF THE POWERS SET
6 FORTH IN SUBSECTION (C), WHEN REFUSING TO ISSUE A PERMIT WITH
7 RESPECT TO A HIGHWAY UNDER THEIR JURISDICTION, THE
8 COMMONWEALTH AND LOCAL AUTHORITIES SHALL CONDUCT OR CAUSE TO
9 BE CONDUCTED AN ALTERNATE ROUTE STUDY. THE ELEMENTS OF AN
10 ENGINEERING AND TRAFFIC STUDY CONDUCTED TO DESIGNATE AN
11 ALTERNATE ROUTE PURSUANT TO THIS SECTION SHALL CONSIST OF THE
12 SAME ELEMENTS FOUND IN DEPARTMENT REGULATIONS.
13 (E) ERECTION OF SIGNS.--THE COMMONWEALTH AND LOCAL
14 AUTHORITIES SHALL ERECT OR CAUSE TO BE ERECTED AND MAINTAINED
15 RESTRICTION SIGNS DESIGNATING THE RESTRICTIONS WITHIN 25 FEET OF
16 EACH END OF A BRIDGE OR PORTION OF HIGHWAY RESTRICTED AS
17 PROVIDED IN SUBSECTION (A) OR (B). IN THE CASE OF A RESTRICTION
18 ON A BRIDGE OR ON A HIGHWAY WHICH DOES NOT BEGIN OR END AT AN
19 INTERSECTION WITH AN UNRESTRICTED HIGHWAY, THE COMMONWEALTH OR
20 LOCAL AUTHORITIES SHALL ALSO PLACE AN ADVANCE INFORMATIONAL SIGN
21 AT THE INTERSECTION NEAREST EACH END OF THE RESTRICTED BRIDGE OR
22 PORTION OF HIGHWAY WHICH WOULD ALLOW DRIVERS TO AVOID THE
23 RESTRICTED BRIDGE OR PORTION OF HIGHWAY. NO PERSON SHALL BE
24 CONVICTED OF VIOLATING SUBSECTION (A) OR (B) UNLESS THE
25 RESTRICTION SIGN DESIGNATING THE RESTRICTED BRIDGE OR PORTION OF
26 HIGHWAY TO TRAFFIC MOVING IN THE DIRECTION THE PERSON WAS
27 DRIVING WAS POSTED AS REQUIRED IN THIS SUBSECTION. HOWEVER,
28 FAILURE TO POST THE RESTRICTION SIGN DESIGNATING THE RESTRICTED
29 BRIDGE OR PORTION OF HIGHWAY TO TRAFFIC MOVING IN THE OPPOSITE
30 DIRECTION OR FAILURE TO POST ANY ADVANCE INFORMATIONAL SIGN
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1 SHALL NOT CONSTITUTE A DEFENSE TO A VIOLATION OF THIS SECTION.
2 (F) ACTIONS TO BE IN ACCORDANCE WITH DEPARTMENT
3 REGULATIONS.--ALL ACTIONS TAKEN UNDER AUTHORITY OF THIS SECTION
4 SHALL BE TAKEN IN ACCORDANCE WITH DEPARTMENT REGULATIONS.
5 (F.1) COMMONWEALTH SUPREMACY.--NOTWITHSTANDING ANY OTHER
6 PROVISION OF LAW, LOCAL AUTHORITIES ARE PROHIBITED FROM ENACTING
7 OR ENFORCING ANY ORDINANCE ON A MATTER COVERED BY THIS SECTION.
8 (G) PENALTY.--
9 (1) ANY PERSON OPERATING A VEHICLE OR COMBINATION UPON A
10 HIGHWAY OR BRIDGE IN VIOLATION OF A PROHIBITION OR
11 RESTRICTION IMPOSED UNDER SUBSECTION (A) IS GUILTY OF A
12 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO
13 PAY A FINE OF $75, EXCEPT THAT ANY PERSON CONVICTED OF
14 OPERATING A VEHICLE WITH A GROSS WEIGHT IN EXCESS OF A POSTED
15 WEIGHT SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF
16 $150 PLUS $150 FOR EACH 500 POUNDS, OR PART THEREOF, IN
17 EXCESS OF 3,000 POUNDS OVER THE MAXIMUM ALLOWABLE WEIGHT.
18 (2) ANY PERSON OPERATING A VEHICLE OR COMBINATION IN
19 VIOLATION OF A PROHIBITION OR RESTRICTION IMPOSED UNDER
20 SUBSECTION (B) IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON
21 CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS THAN $25
22 AND NOT MORE THAN $100.
23 § 4979.3. Permit for movement of float glass or flat glass for
24 use in construction and other end uses.
25 * * *
26 (b) Specifications.--
27 (1) The weight of any vehicle permitted under this
28 section may not exceed [99,500] 100,000 pounds overall gross
29 weight, shall be a five axle combination - three axle truck
30 tractor and shall have the following maximum axle weight
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1 limits for all axles:
2 Steering axles [9,000] 12,000
3 pounds
4 Truck tractor tandem axles 44,000 pounds
5 with a maximum of
6 22,500 pounds on
7 either axle in the
8 group
9 Semitrailer tandem axles [46,500] 44,000
10 pounds
11 with a maximum of
12 [23,750] 22,500
13 pounds on either
14 axle in the group
15 (2) The spacing between axle 1 and axle 2 must be a
16 minimum of [14] 15 feet.
17 (3) The center-to-center distance between the last drive
18 axle of the truck tractor (axle 3) and the first axle of the
19 semitrailer (axle 4) must be a minimum of 31 feet 6 inches.
20 (4) The spacing between tandem axles must be a minimum
21 of 4 feet 4 inches for the truck tractor and 5 feet 2 inches
22 for the semitrailer.
23 * * *
24 § 6109. SPECIFIC POWERS OF DEPARTMENT AND LOCAL AUTHORITIES. <--
25 * * *
26 (E) ENGINEERING AND TRAFFIC INVESTIGATION REQUIRED.--
27 (1) ACTION BY LOCAL AUTHORITIES UNDER THIS SECTION SHALL
28 BE TAKEN ONLY AFTER COMPLETING AN ENGINEERING AND TRAFFIC
29 INVESTIGATION WHEN AND IN SUCH MANNER AS REQUIRED BY
30 REGULATIONS PROMULGATED BY THE DEPARTMENT. NO ENGINEERING AND
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1 TRAFFIC INVESTIGATION IS REQUIRED TO ESTABLISH A SPEED LIMIT
2 UNDER SECTION 3362(A)(1.2) (RELATING TO MAXIMUM SPEED
3 LIMITS).
4 (2) THIS SUBSECTION SHALL NOT APPLY TO ACTIONS BY LOCAL
5 AUTHORITIES IN ADOPTING REGULATIONS OR ORDINANCES DESIGNATING
6 ANY INTERSECTION OR JUNCTION OF NON-FEDERAL AND NON-
7 INTERSTATE HIGHWAYS OR ROADWAYS WITHIN A RESIDENCE DISTRICT
8 AS A STOP INTERSECTION OR JUNCTION AND IN ERECTING OFFICIAL
9 TRAFFIC-CONTROL DEVICES GIVING NOTICE OF SUCH DESIGNATION.
10 * * *
11 § 6122. AUTHORITY TO ERECT TRAFFIC-CONTROL DEVICES.
12 (A) GENERAL RULE.--THE DEPARTMENT ON STATE-DESIGNATED
13 HIGHWAYS AND LOCAL AUTHORITIES ON ANY HIGHWAY WITHIN THEIR
14 BOUNDARIES MAY ERECT OFFICIAL TRAFFIC-CONTROL DEVICES, WHICH
15 SHALL BE INSTALLED AND MAINTAINED IN CONFORMANCE WITH THE MANUAL
16 AND REGULATIONS PUBLISHED BY THE DEPARTMENT UPON ALL HIGHWAYS AS
17 REQUIRED TO CARRY OUT THE PROVISIONS OF THIS TITLE OR TO
18 REGULATE, RESTRICT, DIRECT, WARN, PROHIBIT OR GUIDE TRAFFIC.
19 (1) [LOCAL] EXCEPT AS PROVIDED IN PARAGRAPH 3, LOCAL
20 AUTHORITIES SHALL OBTAIN APPROVAL OF THE DEPARTMENT PRIOR TO
21 ERECTING AN OFFICIAL TRAFFIC-CONTROL DEVICE ON A STATE-
22 DESIGNATED HIGHWAY EXCEPT WHERE DEPARTMENT REGULATIONS
23 PROVIDE OTHERWISE.
24 (2) [LOCAL] EXCEPT AS PROVIDED IN PARAGRAPH 3, LOCAL
25 AUTHORITIES SHALL OBTAIN APPROVAL OF THE DEPARTMENT PRIOR TO
26 ERECTING ANY TRAFFIC SIGNAL EXCEPT IN A MUNICIPALITY WITH A
27 TRAFFIC ENGINEER QUALIFIED IN ACCORDANCE WITH DEPARTMENT
28 REGULATIONS.
29 (3) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,
30 A LOCAL AUTHORITY MAY ERECT A STOP SIGN ON A NON-FEDERAL AND
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1 NON-INTERSTATE HIGHWAY IN A RESIDENCE DISTRICT WITHIN ITS
2 BOUNDARIES WITHOUT THE APPROVAL OF THE DEPARTMENT.
3 * * *
4 SECTION 2. DRIVERS WHOSE OPERATING PRIVILEGES WERE SUSPENDED
5 OR REVOKED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION MAY
6 PETITION THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE
7 RECORD THE SUSPENSIONS WHICH HAD PREVIOUSLY BEEN IMPOSED FOR
8 VIOLATIONS OF 75 PA.C.S. §§ 7102(B) AND 7103(B). UPON RECEIPT OF
9 THE PETITION THE DEPARTMENT SHALL EXAMINE THE DRIVING RECORD OF
10 THE PETITIONER AND SHALL REMOVE FROM THE RECORD SUSPENSIONS OR
11 REVOCATIONS CAUSED BY CONVICTIONS OF VIOLATIONS OF 75 PA.C.S. §§
12 7102(B) OR 7103(B). IF THERE ARE OTHER OFFENSES ON THE RECORD,
13 IF THE DRIVER IS ENTITLED TO CREDIT, CREDIT SHALL BE GIVEN FOR
14 THE OTHER OFFENSES FOR THE PERIODS OF TIMES WHERE THE DRIVER'S
15 OPERATING PRIVILEGES WERE SUSPENDED OR REVOKED FOR VIOLATIONS OF
16 75 PA.C.S. §§ 7102(B) AND 7103(B). IF THE DRIVER WAS PROPERLY
17 SERVING THE SUSPENSION THEN THE DRIVER IS ENTITLED TO CREDIT. IF
18 AFTER RECALCULATING THE RECORD THE DRIVER IS ELIGIBLE FOR
19 RESTORATION OF PRIVILEGES, THE DEPARTMENT SHALL SO INFORM THE
20 DRIVER AND PERMIT THE DRIVER TO BE RESTORED SO LONG AS THE
21 DRIVER MEETS ALL THE OTHER REQUIREMENTS FOR RESTORATION.
22 Section 2 3. This act shall take effect immediately. <--
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