PRINTER'S NO. 1893
No. 1256 Session of 2004
INTRODUCED BY CORMAN, NOVEMBER 5, 2004
REFERRED TO TRANSPORTATION, NOVEMBER 5, 2004
AN ACT
1 Amending Titles 66 (Public Utilities) and 75 (Vehicles) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 definitions; and further providing for rear wheel shields.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Paragraph (4) of the definition of "common
7 carrier by motor vehicle" in section 102 of Title 66 of the
8 Pennsylvania Consolidated Statutes is amended to read:
9 § 102. Definitions.
10 Subject to additional definitions contained in subsequent
11 provisions of this part which are applicable to specific
12 provisions of this part, the following words and phrases when
13 used in this part shall have, unless the context clearly
14 indicates otherwise, the meanings given to them in this section:
15 * * *
16 "Common carrier by motor vehicle." Any common carrier who or
17 which holds out or undertakes the transportation of passengers
18 or property, or both, or any class of passengers or property,
1 between points within this Commonwealth by motor vehicle for
2 compensation, whether or not the owner or operator of such motor
3 vehicle, or who or which provides or furnishes any motor
4 vehicle, with or without driver, for transportation or for use
5 in transportation of persons or property as aforesaid, and shall
6 include common carriers by rail, water, or air, and express or
7 forwarding public utilities insofar as such common carriers or
8 such public utilities are engaged in such motor vehicle
9 operations, but does not include:
10 * * *
11 (4) Any person or corporation who or which uses, or
12 furnishes for use, dump trucks for the transportation of
13 ashes, rubbish, excavated and road construction materials.
14 This paragraph does not include the use or furnishing of
15 five-axle tractor trailers.
16 * * *
17 Section 2. Section 4533 of Title 75 is amended to read:
18 § 4533. Rear wheel shields.
19 (a) General rule.--Every truck with a gross weight exceeding
20 11,000 pounds, trailer and truck tractor (without a semitrailer)
21 driven on a highway shall be so constructed or equipped as to
22 bar water or other road surface substances thrown from the rear
23 wheels of such vehicle or combination at tangents exceeding 22
24 1/2 degrees, measured from the road surface, from passing in a
25 straight line to the rear of such vehicle or combination.
26 (b) Penalty.--A person who violates this section commits a
27 summary offense and shall, upon conviction, be sentenced to pay
28 a fine as follows:
29 (1) Except as set forth in paragraph (2), the fine shall
30 be $25.
20040S1256B1893 - 2 -
1 (2) If the gross vehicle weight exceeds 26,000 pounds,
2 the fine shall be $100.
3 Section 3. This act shall take effect in 60 days.
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