PRIOR PRINTER'S NO. 646 PRINTER'S NO. 1745
No. 589 Session of 2001
INTRODUCED BY NICKOL, GODSHALL, M. BAKER, BASTIAN, BELFANTI,
CAPPABIANCA, CAWLEY, CIVERA, CLARK, M. COHEN, COLAFELLA,
FAIRCHILD, GEIST, HALUSKA, HENNESSEY, HORSEY, JADLOWIEC,
MICOZZIE, R. MILLER, NAILOR, PRESTON, SATHER, SAYLOR, SHANER,
B. SMITH, STEIL, STERN, E. Z. TAYLOR, TIGUE, WILT AND
WOJNAROSKI, FEBRUARY 8, 2001
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 30, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for SUSPENSION OF OPERATING <--
3 PRIVILEGE AND FOR maximum gross weight of vehicles; providing
4 for nonreciprocity of operational limitations; and further
5 providing for refunds.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section SECTIONS 1532(A) AND 4941(a) and (c) of <--
9 Title 75 of the Pennsylvania Consolidated Statutes are amended
10 to read:
11 § 1532. SUSPENSION OF OPERATING PRIVILEGE. <--
12 (A) ONE-YEAR SUSPENSION.--THE DEPARTMENT SHALL SUSPEND THE
13 OPERATING PRIVILEGE OF ANY DRIVER FOR ONE YEAR UPON RECEIVING A
14 CERTIFIED RECORD OF THE DRIVER'S CONVICTION OF OR AN
15 ADJUDICATION OF DELINQUENCY BASED ON ANY OF THE FOLLOWING
16 OFFENSES:
17 (1) ANY FELONY IN THE COMMISSION OF WHICH A COURT
1 DETERMINES THAT A VEHICLE WAS ESSENTIALLY INVOLVED.
2 (2) ANY VIOLATION OF SECTION 3735 (RELATING TO HOMICIDE
3 BY VEHICLE WHILE DRIVING UNDER INFLUENCE).
4 (3) ANY VIOLATION OF THE FOLLOWING PROVISIONS:
5 SECTION 3732 (RELATING TO HOMICIDE BY VEHICLE).
6 SECTION 3735.1 (RELATING TO AGGRAVATED ASSAULT BY
7 VEHICLE WHILE DRIVING UNDER THE INFLUENCE).
8 SECTION 3742 (RELATING TO ACCIDENTS INVOLVING DEATH
9 OR PERSONAL INJURY).
10 SECTION 3742.1 (RELATING TO ACCIDENTS INVOLVING DEATH
11 OR PERSONAL INJURY WHILE NOT PROPERLY LICENSED).
12 [SECTION 7102(B) (RELATING TO REMOVAL OR
13 FALSIFICATION OF IDENTIFICATION NUMBER).
14 SECTION 7103(B) (RELATING TO DEALING IN VEHICLES WITH
15 REMOVED OR FALSIFIED NUMBERS).]
16 SECTION 7111 (RELATING TO DEALING IN TITLES AND
17 PLATES FOR STOLEN VEHICLES).
18 SECTION 7121 (RELATING TO FALSE APPLICATION FOR
19 CERTIFICATE OF TITLE OR REGISTRATION).
20 SECTION 7122 (RELATING TO ALTERED, FORGED OR
21 COUNTERFEIT DOCUMENTS AND PLATES).
22 * * *
23 § 4941. Maximum gross weight of vehicles.
24 (a) General rule.--No vehicle shall, when operated upon a
25 highway, have a gross weight exceeding [73,280] 80,000 pounds,
26 and no combination driven upon a highway shall have a gross
27 weight exceeding 80,000 pounds, or the applicable weight as set
28 forth in subsection (b) or (c), whichever is less.
29 * * *
30 (c) Motor vehicles.--No motor vehicle when operated upon a
20010H0589B1745 - 2 -
1 highway shall have a gross weight exceeding the following
2 specified maximum gross weight for the following described motor
3 vehicles:
4 Maximum
5 Motor Vehicle Gross Weight
6 In Pounds
7 Two-axle motor vehicle 38,000
8 Three-axle motor vehicle 58,400
9 Four-axle motor vehicle 73,280
10 Five-axle motor vehicle 73,280
11 Six-axle motor vehicle 77,000
12 Seven-axle motor vehicle 80,000
13 Section 2. Title 75 is amended by adding a section to read:
14 § 6154. Nonreciprocity of operational limitations.
15 If any other state with which the department has entered into
16 a reciprocity agreement, including the International
17 Registration Plan, imposes an operational limitation, burden or
18 prohibition upon vehicles with a base jurisdiction of
19 Pennsylvania, but not upon vehicles with a base jurisdiction of
20 the other state, the Commonwealth shall impose a like
21 operational limitation, burden or prohibition upon the same
22 class of vehicles that are operating in this Commonwealth but
23 based in the other state. Operational limitations shall include
24 the maximum weight, width, length or height of a vehicle.
25 Section 3. Section 9017(e.1) of Title 75 is amended and the
26 section is amended by adding a subsection to read:
27 § 9017. Refunds.
28 * * *
29 (e.1) Truck refrigeration units.--
30 (1) [During the transition to the use of dyed diesel
20010H0589B1745 - 3 -
1 fuel in truck refrigeration units, a] A program shall be
2 implemented to provide reimbursement for tax paid on undyed
3 diesel fuel used in truck refrigeration units.
4 (2) [During the transition, a] A person shall be
5 reimbursed the amount of tax paid pursuant to section 9004 on
6 any purchase of undyed diesel fuel which is not more than
7 [100] 75 gallons per purchase and is delivered into a fuel
8 tank which is designed to supply only an internal combustion
9 engine mounted on a registered vehicle used exclusively for
10 truck refrigeration.
11 (3) For the period of October 1, 1997, through September
12 30, 1998, claims for reimbursement of taxes paid shall be
13 filed by March 1, 1999, with the Department of Revenue. For
14 the period of October 1, 1998, through September 30, 1999,
15 claims for reimbursement under this subsection shall be filed
16 by October 31, 1999, with the department. For the period from
17 October 1, 1999, through September 30, 2000, inclusive,
18 claims for reimbursement under this subsection shall be filed
19 with the department by October 31, 2000. For the quarter
20 beginning October 1, 2000, and each quarter thereafter,
21 claims for reimbursements shall be filed with the department
22 on a quarterly basis and must be filed within 60 days
23 following the end of the quarter for which reimbursement is
24 being claimed.
25 (4) The department may require a claimant to satisfy any
26 sales or use tax liability on the undyed diesel fuel for
27 which the reimbursement is claimed.
28 (5) A claim for reimbursement must be supported by sales
29 receipts with the word "reefer" noted on the claim and the
30 date of purchase, seller's name and address, number of
20010H0589B1745 - 4 -
1 gallons purchased, fuel type, price per gallon or total
2 amount of sale, unit numbers and the purchaser's name. The
3 department may specify other documentation which it will
4 accept in lieu of sales receipts. In the case of withdrawals
5 from claimant-owned tax-paid bulk storage, the claim must be
6 supported by detailed records of the date of withdrawal,
7 number of gallons, fuel type, unit number and purchase and
8 inventory records to substantiate that the tax was paid on
9 all bulk purchases. Notwithstanding the provisions of section
10 9009 (relating to retention of records by distributors and
11 dealers), all required documentation shall be retained for a
12 period of three years following the filing date of the claim
13 for reimbursement under this subsection. If the claimant
14 fails to retain documentation as required by this paragraph,
15 the department may deny the reimbursement or issue an
16 assessment for any refund granted plus interest under section
17 9007 (relating to determination and redetermination of tax,
18 penalties and interest due).
19 [(6) For purposes of this subsection, the term
20 "transition" means the period of time between October 1,
21 1997, through September 30, 2000.]
22 (e.2) Agricultural power takeoff.--A person shall be
23 reimbursed the full amount of the tax imposed by this chapter if
24 the person uses or buys liquid fuels or fuels on which the tax
25 imposed by this chapter has been paid and consumes them to load
26 for delivery or to unload at a farm feed, feed products, lime or
27 limestone products for agricultural use from a vehicle by means
28 of a power takeoff, provided the fuel usage is documented only
29 by an electronic monitoring device used in conjunction with an
30 electronically controlled engine. Reimbursements shall be
20010H0589B1745 - 5 -
1 documented only as provided in this subsection and no
2 reimbursement shall be based upon any form of alternative
3 documentation. Claims for reimbursement shall be filed with the
4 department on a quarterly basis and must be filed within 60 days
5 following the end of the quarter for which reimbursement is
6 being claimed. The provisions of subsection (f), except for the
7 filing fee provision, shall apply to claims for reimbursement
8 under this subsection to the extent they are not inconsistent
9 with this subsection.
10 * * *
11 SECTION 4. DRIVERS WHOSE OPERATING PRIVILEGES WERE SUSPENDED <--
12 OR REVOKED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION MAY
13 PETITION THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE
14 RECORD THE SUSPENSIONS WHICH HAD PREVIOUSLY BEEN IMPOSED FOR
15 VIOLATIONS OF 75 PA.C.S. §§ 7102(B) AND 7103(B). UPON RECEIPT OF
16 THE PETITION, THE DEPARTMENT SHALL EXAMINE THE DRIVING RECORD OF
17 THE PETITIONER AND SHALL REMOVE FROM THE RECORD SUSPENSIONS OR
18 REVOCATIONS CAUSED BY CONVICTIONS OF VIOLATIONS OF 75 PA.C.S. §
19 7102(B) OR 7103(B). IF THERE ARE OTHER OFFENSES ON THE RECORD,
20 IF THE DRIVER IS ENTITLED TO CREDIT, CREDIT SHALL BE GIVEN FOR
21 THE OTHER OFFENSES FOR THE PERIODS OF TIMES WHERE THE DRIVER'S
22 OPERATING PRIVILEGES WERE SUSPENDED OR REVOKED FOR VIOLATIONS OF
23 75 PA.C.S. §§ 7102(B) AND 7103(B). IF THE DRIVER WAS PROPERLY
24 SERVING THE SUSPENSION, THEN THE DRIVER IS ENTITLED TO CREDIT.
25 IF, AFTER RECALCULATING THE RECORD, THE DRIVER IS ELIGIBLE FOR
26 RESTORATION OF PRIVILEGES, THE DEPARTMENT SHALL SO INFORM THE
27 DRIVER AND PERMIT THE DRIVER'S OPERATING PRIVILEGES TO BE
28 RESTORED SO LONG AS THE DRIVER MEETS ALL THE OTHER REQUIREMENTS
29 FOR RESTORATION.
30 Section 4 5. The amendment of 75 Pa.C.S. § 9017 shall apply <--
20010H0589B1745 - 6 -
1 to reimbursements of fuel taxes paid on fuel delivered into the
2 fuel tanks of truck refrigeration units on or after October 1,
3 2000.
4 Section 5 6. This act shall take effect as follows: <--
5 (1) The amendment of 75 Pa.C.S. § 4941 shall take effect
6 in 60 days.
7 (2) The remainder of this act shall take effect
8 immediately.
A16L75BIL/20010H0589B1745 - 7 -