PRIOR PRINTER'S NO. 1960 PRINTER'S NO. 2295
No. 1419 Session of 2002
INTRODUCED BY D. WHITE, WOZNIAK, MADIGAN AND STOUT,
APRIL 29, 2002
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 8, 2002
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing FOR THE ISSUANCE AND RENEWAL OF <--
3 RESIDENT AND NONRESIDENT COMMERCIAL DRIVERS' LICENSES, for
4 permit for movement of waste coal and beneficial combustion
5 ash, FOR APPLICABILITY AND UNIFORMITY OF LAW AND FOR <--
6 DISPOSITION AND USE OF LIQUID FUELS AND FUELS TAX.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 4979.2 of Title 75 of the Pennsylvania <--
10 Consolidated Statutes is amended to read:
11 SECTION 1. SECTIONS 1608, 1610(C) AND (E), 4979.2 AND 6101 <--
12 OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE
13 AMENDED TO READ:
14 § 1608. NONRESIDENT CDL.
15 [(A) ISSUANCE OF NONRESIDENT CDL.--THE DEPARTMENT MAY ISSUE
16 A NONRESIDENT CDL TO A RESIDENT OF A FOREIGN JURISDICTION IF THE
17 UNITED STATES SECRETARY OF TRANSPORTATION HAS DETERMINED THAT
18 THE COMMERCIAL MOTOR VEHICLE TESTING AND LICENSING STANDARDS IN
19 THE FOREIGN JURISDICTION DO NOT MEET THE TESTING STANDARDS
1 ESTABLISHED IN FEDERAL REGULATIONS.
2 (1) THE WORD "NONRESIDENT" SHALL APPEAR ON THE FACE OF
3 THE NONRESIDENT CDL.
4 (2) AN APPLICANT SHALL SURRENDER ANY NONRESIDENT CDL
5 ISSUED BY ANOTHER STATE.
6 (3) PRIOR TO ISSUING A NONRESIDENT CDL, THE DEPARTMENT
7 SHALL ESTABLISH THE PRACTICAL CAPABILITY OF REVOKING,
8 SUSPENDING OR CANCELING THE NONRESIDENT CDL AND DISQUALIFYING
9 THE COMMERCIAL MOTOR VEHICLE DRIVING PRIVILEGE OF THAT
10 PERSON.
11 (B) OTHER PROVISIONS APPLICABLE.--ALL PROVISIONS OF THIS
12 CHAPTER APPLICABLE TO THE COMMERCIAL DRIVER'S LICENSE FOR A
13 RESIDENT OF THIS COMMONWEALTH, EXCEPT THE RESIDENCY REQUIREMENT,
14 AND ALL PROVISIONS OF THIS TITLE APPLICABLE TO DRIVERS' LICENSES
15 SHALL BE APPLICABLE TO A NONRESIDENT CDL.]
16 THE DEPARTMENT SHALL HAVE NO AUTHORITY TO ISSUE OR RENEW A
17 NONRESIDENT CDL.
18 § 1610. COMMERCIAL DRIVER'S LICENSE.
19 * * *
20 (C) APPLICANT FINGERPRINT AND RECORD CHECK.--BEFORE ISSUING
21 OR RENEWING A COMMERCIAL DRIVER'S LICENSE, THE DEPARTMENT SHALL
22 [OBTAIN]:
23 (1) REQUIRE AN APPLICANT FOR AN H, N OR X ENDORSEMENT TO
24 SUBMIT A COMPLETE SET OF FINGERPRINTS TAKEN BY THE
25 PENNSYLVANIA STATE POLICE OR A MUNICIPAL POLICE DEPARTMENT.
26 (2) OBTAIN DRIVING RECORD INFORMATION THROUGH THE
27 COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM AND THE
28 NATIONAL DRIVER REGISTER.
29 (3) REQUIRE ALL CDL-APPROVED APPLICANTS WITH H, N OR X
30 CLASSIFICATIONS, ENDORSEMENTS OR RESTRICTIONS TO UNDERGO A
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1 CRIMINAL BACKGROUND CHECK.
2 * * *
3 (E) LICENSE RENEWAL PROCEDURES.--WHEN APPLYING FOR RENEWAL
4 OF A COMMERCIAL DRIVER'S LICENSE, THE APPLICANT MUST COMPLETE
5 THE APPLICATION FORM REQUIRED BY SECTION 1609(A) (RELATING TO
6 APPLICATION FOR COMMERCIAL DRIVER'S LICENSE) AND THE RECORDS
7 CHECK UNDER SUBSECTION (C), PROVIDING CURRENT AND VALID
8 INFORMATION AND REQUIRED CERTIFICATIONS. IF THE APPLICANT WISHES
9 TO RETAIN A HAZARDOUS MATERIALS ENDORSEMENT, THE ENGLISH VERSION
10 OF THE WRITTEN TEST FOR A HAZARDOUS MATERIALS ENDORSEMENT MUST
11 BE TAKEN AND PASSED.
12 * * *
13 § 4979.2. Permit for movement of waste coal [and], beneficial
14 combustion ash or limestone.
15 (a) Waste coal and beneficial combustion ash.--An annual
16 permit may be issued for the movement on specified highways of
17 waste coal from a refuse pile to a preparation or power
18 production facility or beneficial combustion ash from a power
19 production facility to a reclamation area which exceeds the
20 maximum vehicle gross weight specified in Subchapter C (relating
21 to maximum weights of vehicles). The weight of any vehicle
22 permitted under this section may not exceed 95,000 pounds
23 overall gross weight, and the weight on any nonsteering axle may
24 not exceed 21,000 pounds. No permit may be issued for this type
25 of movement upon an interstate highway.
26 (b) Limestone.--An annual permit may be issued for the
27 movement on specified highways of limestone from a quarry to a
28 power production facility which exceeds the maximum vehicle
29 gross weight specified in Subchapter C subject to the following
30 conditions:
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1 (1) The combination must have a minimum of six axles.
2 (2) The maximum overall gross weight may not exceed
3 95,000 pounds.
4 (3) The weight on any nonsteering axle may not exceed
5 21,000 pounds.
6 (4) The maximum travel distance may not exceed 100
7 miles.
8 (5) No permit may be issued for this type of movement on
9 an interstate highway.
10 Section 2. This act shall take effect in 60 days. <--
11 § 6101. APPLICABILITY AND UNIFORMITY OF TITLE. <--
12 (A) REQUIREMENT.--THE PROVISIONS OF THIS TITLE SHALL BE
13 APPLICABLE AND UNIFORM THROUGHOUT THIS COMMONWEALTH AND IN ALL
14 POLITICAL SUBDIVISIONS IN THIS COMMONWEALTH, AND NO LOCAL
15 AUTHORITY SHALL ENACT OR ENFORCE ANY ORDINANCE ON A MATTER
16 COVERED BY THE PROVISIONS OF THIS TITLE UNLESS EXPRESSLY
17 AUTHORIZED.
18 (B) SANCTIONS.--A LOCAL AUTHORITY WHICH VIOLATES SUBSECTION
19 (A) IS SUBJECT TO THE FOLLOWING SANCTIONS DURING THE PERIOD OF
20 TIME THE ORDINANCE REMAINS IN EFFECT:
21 (1) SUSPENSION OF CAPITAL EXPENDITURES FOR BRIDGES AND
22 HIGHWAYS.
23 (2) SUSPENSION OF ALLOCATION UNDER THE ACT OF JUNE 1,
24 1956 (1955 P.L.1944, NO.655), REFERRED TO AS THE LIQUID FUELS
25 TAX MUNICIPAL ALLOCATION LAW.
26 (3) SUSPENSION OF ALLOCATION AND APPORTIONMENT UNDER
27 SECTION 9010(C.1) (RELATING TO DISPOSITION AND USE OF TAX).
28 SECTION 2. SECTION 9010(C) INTRODUCTORY PARAGRAPH OF TITLE
29 75 IS AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION
30 TO READ:
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1 § 9010. DISPOSITION AND USE OF TAX.
2 * * *
3 (C) ALLOCATION OF MONEY.--[THE] EXCEPT AS SET FORTH IN
4 SUBSECTION (C.1), THE COUNTY COMMISSIONERS MAY ALLOCATE AND
5 APPORTION MONEY FROM THE COUNTY LIQUID FUELS TAX FUND TO THE
6 POLITICAL SUBDIVISIONS WITHIN THE COUNTY IN THE RATIO AS
7 PROVIDED IN THIS SUBSECTION. WHEN THE UNENCUMBERED BALANCE IN
8 THE COUNTY LIQUID FUELS TAX FUND IS GREATER THAN THE RECEIPTS
9 FOR THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF EITHER OF
10 THE REPORTS, THE COUNTY COMMISSIONERS SHALL NOTIFY THE POLITICAL
11 SUBDIVISIONS TO MAKE APPLICATION WITHIN 90 DAYS FOR
12 PARTICIPATION IN THE REDISTRIBUTION OF THE UNENCUMBERED BALANCE.
13 REDISTRIBUTION SHALL BE EFFECTED WITHIN 120 DAYS OF THE DATE OF
14 EITHER OF THE REPORTS. THE COUNTY COMMISSIONERS MAY DISTRIBUTE
15 THE UNENCUMBERED BALANCE IN EXCESS OF 50% OF THE RECEIPTS FOR
16 THE PREVIOUS 12 MONTHS TO THE POLITICAL SUBDIVISIONS MAKING
17 APPLICATION IN THE FOLLOWING MANNER:
18 * * *
19 (C.1) FORFEITURE.--ALL MONEY ALLOCATED UNDER SUBSECTION (C)
20 TO A POLITICAL SUBDIVISION WHICH, UNDER SECTION 6109(A)
21 (RELATING TO SPECIFIC POWERS OF DEPARTMENT AND LOCAL
22 AUTHORITIES), VIOLATES SECTION 6101(A) (RELATING TO
23 APPLICABILITY AND UNIFORMITY OF TITLE) SHALL BE WITHHELD BY THE
24 COUNTY DURING THE PERIOD OF TIME IN WHICH THE MUNICIPALITY IS IN
25 VIOLATION OF SECTION 6101(A).
26 * * *
27 SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
28 (1) THE AMENDMENT OR ADDITION OF 75 PA.C.S. § 9010(C)
29 AND (C.1) SHALL TAKE EFFECT JANUARY 1, 2003.
30 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
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1 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
2 DAYS.
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