PRINTER'S NO. 42
No. 17 Session of 2007
INTRODUCED BY MARKOSEK AND GEIST, JANUARY 30, 2007
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 30, 2007
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for employer responsibilities.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 1605 of Title 75 of the Pennsylvania
6 Consolidated Statutes is amended to read:
7 § 1605. Employer responsibilities.
8 (a) Requirements.--Each employer shall require the applicant
9 to provide the information specified in section 1604(c)
10 (relating to notification requirements for drivers). Each
11 employer shall inform the applicant that the information he
12 provides in accordance with section 1604(c) may be used and the
13 applicant's previous employers may be contacted for the purpose
14 of investigating the applicant's work history.
15 (b) Prohibitions.--No employer shall knowingly allow,
16 require, permit or authorize a driver to drive a commercial
17 motor vehicle during any period:
1 (1) in which:
2 (i) the driver's license was suspended, revoked or
3 canceled by a state;
4 (ii) the driver has lost the privilege to drive a
5 commercial motor vehicle in a state;
6 (iii) the driver has been disqualified from driving
7 a commercial motor vehicle;
8 (iv) the driver is not licensed to drive a
9 commercial vehicle; or
10 (v) the driver is not qualified by required class or
11 endorsement to operate the commercial vehicle being
12 driven; [or]
13 (vi) the driver, or the commercial motor vehicle the
14 driver is driving, or the motor carrier operation is
15 subject to an out-of-service order; or
16 (2) in which the driver has more than one driver's
17 license.
18 (c) Test vehicles.--Each employer shall provide a
19 representative vehicle to any employee who as a result of the
20 Commercial Motor Vehicle Safety Act of 1986 (Public Law 99-570,
21 49 U.S.C. app. § 2701 et seq.) must obtain a commercial driver's
22 license to continue his present occupation. This section
23 includes, but is not limited to, current commercial motor
24 vehicle drivers, construction equipment operators, utility truck
25 operators, mechanics and vehicle inspectors employed prior to
26 March 31, 1992. It is the employer's discretion to provide a
27 representative vehicle to any employee who wishes to obtain a
28 commercial driver's license if the Commercial Motor Vehicle
29 Safety Act of 1986 does not require the employee to obtain a
30 commercial driver's license for his current position.
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1 (d) Test dates.--An employer shall provide a commercial
2 driver the necessary time off for a driver to take the required
3 knowledge exam and skills test when the tests have been
4 scheduled.
5 (e) Penalties.--Any person who violates any provision of
6 this section commits a summary offense and shall, upon
7 conviction, be sentenced to pay a fine of $1,000[.], except that
8 if the violation relates to an out-of-service order then the
9 person shall, upon conviction, be sentenced to pay a fine of
10 $2,750.
11 Section 2. This act shall take effect in 60 days.
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