PRIOR PRINTER'S NOS. 1235, 1903, 1919 PRINTER'S NO. 1984
No. 938 Session of 2003
INTRODUCED BY CONTI, RAFFERTY, THOMPSON, C. WILLIAMS,
TARTAGLIONE, WAUGH, O'PAKE, COSTA, KITCHEN, STACK AND
BOSCOLA, OCTOBER 23, 2003
SENATE AMENDMENTS TO HOUSE AMENDMENTS, NOVEMBER 18, 2004
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated <--
2 Statutes, further defining "multipurpose agricultural
3 vehicle" and "special mobile equipment"; further providing
4 for use of farm vehicle plates, for penalties for driving <--
5 under the influence, for accidents involving death or
6 personal injury while not properly licensed, for reports by
7 police, for ignition interlock, for width and for length of
8 certain vehicles and for refunds of tax imposed upon liquid
9 fuels or certain other fuels; and adding a road in Wilkes-
10 Barre Township to the State highway system.
11 AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED <--
12 STATUTES, FURTHER DEFINING "MULTIPURPOSE AGRICULTURAL
13 VEHICLE" AND "SPECIAL MOBILE EQUIPMENT"; FURTHER PROVIDING
14 FOR ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY WHILE NOT
15 PROPERLY LICENSED, FOR REPORTS BY POLICE, FOR IGNITION
16 INTERLOCK, FOR WIDTH OF CERTAIN VEHICLES AND FOR LENGTH OF
17 VEHICLES; AND ADDING A ROAD IN WILKES-BARRE TOWNSHIP TO THE
18 STATE HIGHWAY SYSTEM.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. The definitions of "multipurpose agricultural
22 vehicle" and "special mobile equipment" in section 102 of Title
23 75 of the Pennsylvania Consolidated Statutes are amended to
24 read:
25 § 102. Definitions.
1 Subject to additional definitions contained in subsequent
2 provisions of this title which are applicable to specific
3 provisions of this title, the following words and phrases when
4 used in this title shall have, unless the context clearly
5 indicates otherwise, the meanings given to them in this section:
6 * * *
7 "Multipurpose agricultural vehicle." A motor vehicle which
8 is [50] 60 inches or less in width and [600] 1,200 pounds or
9 less in dry weight and which is used exclusively for
10 agricultural operations and only incidentally operated or moved
11 upon the highways.
12 * * *
13 "Special mobile equipment."
14 (1) Vehicles not designed or used primarily for the
15 transportation of persons or property, except for tools and
16 parts necessary for the use and maintenance of the vehicle,
17 and only incidentally operated or moved over a highway.
18 (2) Vehicles which have machinery permanently attached
19 shall not carry a load, except for tools and parts necessary
20 for the use and maintenance of the permanently attached
21 machinery and are only incidentally operated or moved over a
22 highway.
23 (3) Motor vehicles used primarily for road and bridge
24 maintenance or repair which carry a load of asphalt emulsion
25 or epoxy and aggregate material, that is applied as a
26 finished product by the vehicle's equipment directly to a
27 highway or trafficway for maintenance or repair of the road
28 or bridge surface.
29 The term includes, but is not limited to, ditch digging
30 apparatus, well boring apparatus; earth moving and road
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1 construction and maintenance machinery, such as asphalt
2 spreaders, bituminous mixers, bucket loaders, snowplows,
3 ditchers, graders, patchers, finishing machines, road rollers,
4 scarifiers, earth moving carryalls, scrapers, power shovels and
5 drag lines; and self-propelled cranes and tractors, other than
6 truck tractors. The term does not include house trailers; dump
7 trucks; or truck-mounted transit mixers, cranes or shovels.
8 * * *
9 Section 2. Section 1344 of Title 75 is amended by adding a <--
10 subsection to read:
11 § 1344. Use of farm vehicle plates.
12 * * *
13 (c) Construction.--A person violating this section shall not
14 be charged with a violation of section 1301 (relating to
15 registration and certificate of title required) unless the
16 registration plate under this section has expired.
17 Section 3. Sections 3742(b), 3742.1(a), 3751(b), 3805(a), <--
18 4921(b)(1) and 4923(a) of Title 75 are amended to read:
19 § 3742. Accidents involving death or personal injury. <--
20 * * *
21 (b) Penalties.--
22 (1) Except as otherwise provided in this section, any
23 person violating this section commits a misdemeanor of the
24 first degree; and the sentencing court shall order the person
25 to pay a fine of not less than $300 and serve a minimum term
26 of imprisonment of not less than 48 consecutive hours.
27 (2) If the victim suffers serious bodily injury, any
28 person violating subsection (a) commits a felony of the third
29 degree, and the sentencing court shall order the person to
30 serve a minimum term of imprisonment of not less than 90 days
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1 and a mandatory minimum fine of $1,000, notwithstanding any
2 other provision of law.
3 (3) If the victim dies, any person violating subsection
4 (a) commits a felony of the [third] second degree, and the
5 sentencing court shall order the person to serve a minimum
6 term of imprisonment of not less than [one year] three years
7 and a mandatory minimum fine of [$2,500, notwithstanding any
8 other provision of law.] $5,000. An additional fine and term
9 of imprisonment under this paragraph shall be imposed for
10 each victim whose death is the result of the violation of
11 subsection (a).
12 * * *
13 SECTION 2. SECTIONS 3742.1(A), 3751(B), 3805(A), 4921(B)(1) <--
14 AND 4923 OF TITLE 75 ARE AMENDED TO READ:
15 § 3742.1. Accidents involving death or personal injury while
16 not properly licensed.
17 (a) Offense defined.--A person whose operating privilege was
18 disqualified, canceled, recalled, revoked or suspended and not
19 restored or who does not hold a valid driver's license and
20 applicable endorsements for the type and class of vehicle being
21 operated commits an offense under this section if the person was
22 the driver of any vehicle and caused an accident resulting in
23 injury or death of any person.
24 * * *
25 § 3751. Reports by police.
26 * * *
27 (b) Furnishing copies of report.--
28 (1) Police departments shall, upon request, furnish [at
29 a cost not to exceed $15] a certified copy of the full report
30 of the police investigation of any vehicle accident to any
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1 person involved in the accident, his attorney or insurer, and
2 to the Federal Government, branches of the military service,
3 Commonwealth agencies, and to officials of political
4 subdivisions and to agencies of other states and nations and
5 their political subdivisions.
6 (2) Except as provided in paragraph (3), the cost of
7 furnishing a copy of a report under this subsection shall not
8 exceed $15.
9 (3) In a city of the first class, the cost of furnishing
10 a copy of a report under this subsection shall not exceed
11 $25.
12 (4) The copy of the report shall not be admissible as
13 evidence in any action for damages or criminal proceedings
14 arising out of a motor vehicle accident.
15 (5) Police departments may refuse to furnish the
16 complete copy of investigation of the vehicle accident
17 whenever there are criminal charges pending against any
18 persons involved in the vehicle accident unless the
19 Pennsylvania Rules of Criminal Procedure require the
20 production of the documents.
21 § 3805. Ignition interlock. <--
22 (a) General rule.--If a person violates section 3802
23 (relating to driving under influence of alcohol or controlled
24 substance) and, within the past ten years, has a prior offense
25 as defined in section 3806(a) (relating to prior offenses) or
26 [if a person] has had their operating privileges suspended
27 pursuant to section 1547(b.1) (relating to chemical testing to
28 determine amount of alcohol or controlled substance) or 3808(c)
29 (relating to illegally operating a motor vehicle not equipped
30 with ignition interlock) and the person seeks a restoration of
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1 operating privileges, the department shall require as a
2 condition of issuing a restricted license pursuant to this
3 section that the following occur:
4 (1) Each motor vehicle owned by the person or registered
5 to the person has been equipped with an ignition interlock
6 system and remains so for the duration of the restricted
7 license period.
8 (2) If there are no motor vehicles owned by the person
9 or registered to the person that the person so certify to the
10 department. A person so certifying shall be deemed to have
11 satisfied the requirement that all motor vehicles owned by
12 the person or registered to the person be equipped with an
13 ignition interlock system as required by this subsection.
14 * * *
15 § 4921. Width of vehicles.
16 * * *
17 (b) Special vehicles.--
18 (1) Any implement of husbandry or vehicle loaded with
19 vegetable produce or forage crops and not exceeding [ten] 11
20 feet in width may be driven, hauled or towed between sunrise
21 and sunset on highways other than freeways.
22 * * *
23 § 4923. Length of vehicles.
24 (a) Motor vehicles.--
25 (1) Except as provided in paragraph (2), no motor
26 vehicle, including any load and bumpers, shall exceed an
27 overall length of 40 feet.
28 (2) Paragraph (1) does not apply to the following:
29 (i) A motor vehicle equipped with a boom or boomlike
30 device if the vehicle does not exceed 55 feet.
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1 (ii) A bus or motor home which does not exceed 45
2 feet.
3 (iii) An articulated bus which does not exceed 60
4 feet.
5 (iv) An automobile or boat transporter which does
6 not exceed 45 feet, exclusive of an overhang of not more
7 than three feet on the front and four feet on the rear.
8 * * * <--
9 (B.1) COMBINATIONS.-- <--
10 (1) THE LENGTH OF A SINGLE TRAILER BEING TOWED BY A
11 TRUCK TRACTOR SHALL NOT EXCEED 53 FEET PROVIDED THE DISTANCE
12 BETWEEN THE KINGPIN AND THE CENTER LINE OF THE REAR AXLE OR
13 REAR AXLE GROUP DOES NOT EXCEED 41 FEET OR, IN THE CASE OF A
14 TRAILER USED EXCLUSIVELY OR PRIMARILY TO TRANSPORT VEHICLES
15 IN CONNECTION WITH MOTOR SPORTS COMPETITION EVENTS, DOES NOT
16 EXCEED 46 FEET.
17 (2) FOR A DOUBLE TRAILER, THE LENGTH OF EACH TRAILER
18 BEING TOWED IN COMBINATION BY A TRUCK TRACTOR SHALL NOT
19 EXCEED 28 1/2 FEET.
20 (3) THE OVERALL LENGTH OF THE COMBINATION OF A TRUCK
21 TRACTOR WITH A CONVENTIONAL FIFTH WHEEL AND AN AUTO OR BOAT
22 TRANSPORTER SHALL NOT EXCEED 65 FEET, EXCLUSIVE OF AN
23 OVERHANG OF NOT MORE THAN THREE FEET ON THE FRONT AND FOUR
24 FEET ON THE REAR OF THE COMBINATION.
25 (4) THE OVERALL LENGTH OF A STINGER-STEERED AUTO OR BOAT
26 TRANSPORTER COMBINATION SHALL NOT EXCEED 75 FEET, EXCLUSIVE
27 OF AN OVERHANG OF NOT MORE THAN THREE FEET ON THE FRONT AND
28 FOUR FEET ON THE REAR OF THE COMBINATION.
29 (5) THE OVERALL LENGTH OF A SADDLE-MOUNT COMBINATION
30 SHALL NOT EXCEED 75 FEET.
20030S0938B1984 - 7 -
1 (6) THE OVERALL LENGTH OF A MAXI-CUBE COMBINATION SHALL
2 NOT EXCEED 65 FEET.
3 (7) A COMBINATION CONSISTING OF ANY TOW TRUCK TOWING A
4 DISABLED MOTOR VEHICLE TO A PLACE OF REPAIRS OR OTHER PLACE
5 OF SAFETY.
6 (8) A COMBINATION TRANSPORTING ARTICLES THAT,
7 THEMSELVES, DO NOT EXCEED 70 FEET IN LENGTH AND ARE
8 NONDIVISIBLE AS TO LENGTH.
9 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
10 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
11 SUBSECTION:
12 "AUTOMOBILE" OR "BOAT TRANSPORTER." A TRUCK OF A TOTAL
13 LENGTH NOT GREATER THAN 45 FEET, EXCLUSIVE OF AN OVERHANG OF NOT
14 MORE THAN THREE FEET ON THE FRONT AND FOUR FEET ON THE REAR OF
15 THE VEHICLE CONFIGURED BY THE MANUFACTURER TO HAUL EITHER
16 AUTOMOBILES, LIGHT TRUCKS OR BOATS.
17 Section 4. Section 9017(d) of Title 75 is amended and the <--
18 section is amended by adding a subsection to read:
19 § 9017. Refunds.
20 * * *
21 [(d) Off-highway recreational vehicles.--
22 (1) When the tax imposed by this chapter has been paid
23 on fuel used in off-highway recreational vehicles within this
24 Commonwealth, an amount equal to the revenue generated by the
25 tax, but not derived therefrom, may be appropriated through
26 the General Fund to the Department of Conservation and
27 Natural Resources. It is the intent of this chapter that all
28 proceeds from the tax paid on fuel used in off-highway
29 recreational vehicles within this Commonwealth be paid
30 without diminution of the Motor License Fund.
20030S0938B1984 - 8 -
1 (2) The Department of Conservation and Natural Resources
2 shall biennially calculate the amount of liquid fuel consumed
3 by off-highway recreational vehicles and furnish information
4 relating to its calculations and data as may be required by
5 the Appropriations Committee of the Senate and the
6 Appropriations Committee of the House of Representatives.
7 (3) The General Assembly shall review the fuel
8 consumption calculations of the Department of Conservation
9 and Natural Resources to determine the amount of liquid fuels
10 tax paid on liquid fuels consumed in the propulsion of off-
11 highway recreational vehicles in this Commonwealth and may
12 annually appropriate to the Department of Conservation and
13 Natural Resources the amount so determined.
14 (4) Money appropriated under paragraph (3) shall be used
15 for the benefit of motorized and nonmotorized recreational
16 trails by the Department of Conservation and Natural
17 Resources as provided in the Intermodal Surface
18 Transportation Efficiency Act of 1991 (Public Law 102-240,
19 105 Stat. 1914).]
20 (d.1) Motorized recreational vehicles.--
21 (1) When the tax imposed by this chapter has been paid
22 and the fuel on which the tax has been imposed has been
23 consumed in the operation of motorized recreational vehicles
24 on designated roads and bridges used as trails within and
25 bordering on this Commonwealth, the amount of $1,000,000 of
26 the full amount of such taxes shall be refunded to the
27 restricted account established in section 7706 (relating to
28 restricted account) upon petition to the Board of Finance and
29 Revenue.
30 (2) In accordance with prescribed procedures, the
20030S0938B1984 - 9 -
1 Department of Conservation and Natural Resources shall
2 biennially calculate the amount of liquid fuels consumed by
3 motorized recreational vehicles and furnish such information,
4 relating to its calculations and data to the Board of Finance
5 and Revenue. The board shall review the petition and
6 motorized recreational vehicle fuel consumption calculations
7 of the Department of Conservation and Natural Resources to
8 determine the full amount of taxes paid and shall certify to
9 the State Treasurer to refund annually $1,000,000 of the full
10 amount of such taxes to the restricted account established in
11 section 7706.
12 (3) This money shall be used by the Department of
13 Conservation and Natural Resources for the purposes
14 established in section 7706, including the construction,
15 reconstruction and maintenance of designated roads and
16 bridges used as trails within and bordering on this
17 Commonwealth on which motorized recreational vehicles are
18 authorized by the Department of Conservation and Natural
19 Resources or a municipality to operate and for safety
20 enforcement of Chapter 77 (relating to snowmobiles and all-
21 terrain vehicles) in State parks and State forests.
22 * * *
23 Section 5 3. (a) New Street in Wilkes-Barre Township, <--
24 Luzerne County from SR 2007 (East Northampton Street) to SR
25 8029/0760 (ramp) is hereby adopted as a State highway.
26 (b) The township of Wilkes-Barre is hereby relieved of all
27 responsibility for maintenance of New Street as described in
28 subsection (a).
29 Section 6. The amendment of 75 Pa.C.S. § 3742(b) shall apply <--
30 to sentences imposed on or after the effective date of this
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1 section.
2 Section 7. This act shall take effect immediately.
3 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
4 (1) THE AMENDMENT OF 75 PA.C.S. § 3805(A) SHALL TAKE
5 EFFECT JUNE 30, 2007.
6 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
7 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
8 DAYS.
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