THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARKOSEK, RAPP, CAUSER, GEIST, BEYER, P. COSTA, DENLINGER, DERMODY, FLECK, HARHAI, HESS, KORTZ, LEVDANSKY, MAHONEY, OBERLANDER, SANTONI, SIPTROTH, M. SMITH, SOLOBAY, SONNEY, SWANGER, GABLER AND HARKINS, JUNE 26, 2009

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 28, 2010   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in fees, further providing for annual hauling

permits; in size, weight and load, further providing for 

permit for movement during course of manufacture, for 

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conditions of permits and security for damages and for permit

for movement of bulk refined oil; and providing for permit

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for movement of nonhazardous liquid glue; and further

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providing for promulgation of rules and regulations by

department.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1943(m) of Title 75 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

adding a subsection to read:

§ 1943.  Annual hauling permits.

* * *

(m)  Bulk refined oil.--The annual fee for movement of bulk

refined oil, as provided for in section 4979.1 (relating to

permit for movement of bulk refined oil), shall be [$800.]:

(1)  $800 for a distance up to 50 miles.

(2)  $1,600 for a distance of more than 50 miles up to

125 miles.

* * *

(q.1)  Nonhazardous liquid glue.--The annual fee for the

movement of nonhazardous liquid glue, as provided for in section

4979.5 (relating to permit for movement of nonhazardous liquid

glue), shall be $800.

* * *

Section 2.  Sections 4962(f) and 4979.1 of Title 75 are 

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Section 4962(f) of Title 75 is amended to read:

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§ 4962.  Conditions of permits and security for damages.

* * *

(f)  When loads permitted.--Only vehicles and combinations

permitted under the following provisions shall be authorized to

carry or haul loads while operating under the permit:

Section 4961(a)(2), (3) and (6) (relating to authority to

issue permits).

Section 4965 (relating to single permits for multiple

highway crossings).

Section 4968 (relating to permit for movement during

course of manufacture).

Section 4974 (relating to permit for movement of

containerized cargo).

Section 4975 (relating to permit for movement of special

mobile equipment).

Section 4976 (relating to permit for movement of domestic

animal feed).

Section 4976.1 (relating to permit for movement of live

domestic animals).

Section 4977 (relating to permit for movement of wooden

structures).

Section 4978 (relating to permit for movement of building

structural components).

Section 4979 (relating to permit for movement of

particleboard or fiberboard used in the manufacture of ready-

to-assemble furniture).

Section 4979.1 (relating to permit for movement of bulk

refined oil).

Section 4979.2 (relating to permit for movement of waste

coal and beneficial combustion ash).

Section 4979.3 (relating to permit for movement of float

glass or flat glass for use in construction and other end

uses).

Section 4979.4 (relating to permit for movement of self-

propelled cranes).

Section 4979.5 (relating to permit for movement of

nonhazardous liquid glue).

* * *

Section 3.  Section 4968(a) of Title 75 is amended and the

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section is amended by adding subsections to read:

§ 4968.  Permit for movement during course of manufacture.

[(a)  Annual permit.--An annual permit may be issued

authorizing movement on specified highways of boats, trailers,

mobile homes, modular housing units and undercarriages,

helicopters, hot ingots, a hot box, basic oxygen furnace lances,

railway equipment and rails or other articles, vehicles or

combinations which exceed the maximum height, width or length

specified in Subchapter B (relating to width, height and length)

or self-propelled cranes or combinations carrying raw milk, raw

coal, flat-rolled steel coils, steel slabs, hot ingots, a hot

box, pulpwood and wood chips or raw water which exceed the

maximum weight specified in Subchapter C (relating to maximum

weights of vehicles) while they are in the course of manufacture

and under contract with or under the direct control of the

manufacturer, subject to the following provisions:

(1)  Except for articles and vehicles not exceeding 102

inches in width, no permit shall be issued under this section

for movement of articles or vehicles while they are in

transit from the manufacturer to a purchaser or dealer or for

the movement of articles or vehicles upon a freeway.

(2)  Overwidth articles and vehicles:

(i)  Articles and vehicles not wider than 102 inches

may be moved any distance on a permit.

(ii)  Articles and vehicles wider than 102 inches but

not wider than 108 inches may be moved up to seven miles

on a permit 24 hours per day, seven days a week.

(iii)  Articles and vehicles wider than 102 inches

but not in excess of 12 feet in width may be moved up to

50 miles on a permit.

(iv)  Wider articles and vehicles may be moved no

farther than ten miles on a permit.

(3)  A combination of vehicles which is hauling flat-

rolled steel coils or steel slabs may be permitted by the

department and local authorities to move upon highways within

their respective jurisdiction a distance not exceeding 50

miles if the gross weight does not exceed 100,000 pounds and

the weight of any nonsteering axle does not exceed 21,000

pounds. No permit may be issued for this type of movement

upon an interstate highway.

(3.1)  A combination of vehicles which is hauling raw

milk to or from a manufacturer may be permitted by the

department and local authorities to move upon highways within

their respective jurisdiction 24 hours a day, seven days a

week, except during inclement weather as defined in

department regulations, if the gross weight does not exceed

95,000 pounds and if the weight of any nonsteering axle does

not exceed 21,000 pounds. No permit may be issued for this

type of movement upon an interstate highway.

(3.2)  A combination of vehicles which is hauling a hot

ingot or a hot box may be permitted by the department and

local authorities to move upon highways within their

respective jurisdiction a distance not exceeding 25 miles if

the gross weight does not exceed 150,000 pounds and the

weight of any nonsteering axle does not exceed 21,000 pounds.

No permit may be issued for this type of movement upon an

interstate highway.

(3.3)  A combination of vehicles which is hauling basic

oxygen furnace lances may be permitted by the department and

local authorities to move upon highways within their

respective jurisdictions if the overall length does not

exceed 90 feet. A vehicle operating under a permit authorized

under this section may be driven 24 hours a day, seven days a

week, if the vehicle or combination is operated at prevailing

speeds. Movement under this paragraph is not authorized

during any of the following:

(i)  A holiday period specified in department

regulations or in the permit.

(ii)  Inclement weather, as defined in department

regulations.

(3.4)  A self-propelled crane which is being road tested

may be permitted by the department and local authorities to

move upon highways within their respective jurisdictions a

distance not exceeding 15 miles if the gross weight does not

exceed 150,000 pounds and the weight on any axle does not

exceed 27,000 pounds.

(3.5)  A combination of vehicles which is hauling raw

coal from a mine to a processing or preparation facility may

be permitted by the department and local authorities to move

upon highways within their respective jurisdictions a

distance not exceeding 30 miles if the gross weight does not

exceed 95,000 pounds and if the weight of any nonsteering

axle does not exceed 21,000 pounds. No permit may be issued

for this type of movement upon an interstate highway.

(3.6)  A combination of vehicles which is hauling raw

water from a spring to a bottling facility may be permitted

by the department and local authorities to move upon

specified highways within their respective jurisdictions

subject to the following conditions:

(i)  The vehicle must be a six axle combination -

three axle truck tractor.

(ii)  Gross vehicular weight must not exceed 96,900

pounds.

(iii)  Maximum weight on steering axles shall be

11,000 pounds.

(iv)  Maximum weight on the truck-tractor tandem

(axles two and three) shall be 38,000 pounds, with a

maximum of 19,500 pounds on either axle in the group.

(v)  Maximum weight on the semitrailer tridem (axles

four, five and six) shall be 47,700 pounds, with a

maximum of 16,400 pounds on any axle in the group.

(vi)  Minimum spacing between axle one and axle two

shall be 12 feet 11 inches.

(vii)  The center-to-center distance between the last

drive axle of the truck tractor (axle three) and the

first axle of semitrailer (axle 4) must be a minimum of

26 feet 7 inches.

(viii)  Minimum spacing between tandem and tridem

axles shall be 4 feet 1 inch.

No permit may be issued for this type of movement upon an

interstate highway.

(3.7)  A combination of vehicles which is hauling

pulpwood or wood chips from a specified source to a pulp mill

may be permitted by the department and local authorities to

move upon specified highways within their respective

jurisdictions subject to the following conditions:

(i)  The vehicle must be a five axle combination -

three axle truck tractor meeting the following

characteristics:

(A)  Gross vehicular weight must not exceed

95,000 pounds.

(B)  Maximum weight on steering axles shall be

11,000 pounds.

(C)  Maximum weight on the truck-trailer tandem

(axles two and three) shall be 42,000 pounds, with a

maximum of 21,000 pounds on either axle in the group.

(D)  Maximum weight on the semitrailer tridem

(axles four and five) shall be 42,000 pounds, with a

maximum of 21,000 pounds on any axle in the group.

(E)  Minimum spacing between axle one and axle

two shall be 12 feet 6 inches.

(F)  The center-to-center distance between the

last drive axle of the truck tractor (axle three) and

the first axle of the semitrailer (axle four) must be

a minimum of 28 feet 0 inch.

(G)  Minimum spacing between tandem and tridem

axles shall be 4 feet 0 inch.

(ii)  The vehicle must be a six axle combination -

three axle truck tractor meeting the following

characteristics:

(A)  Gross vehicular weight must not exceed

107,000 pounds.

(B)  Maximum weight on steering axles shall be

12,000 pounds.

(C)  Maximum weight on the truck-tractor tandem

(axles two and three) shall be 42,000 pounds, with a

maximum of 21,000 pounds on either axle in the group.

(D)  Maximum weight on the semitrailer tridem

(axles four, five and six) shall be 53,000 pounds,

with a maximum of 17,670 pounds on any axle in the

group.

(E)  Minimum spacing between axle one and axle

two shall be 12 feet 6 inches.

(F)  The center-to-center distance between the

last drive axle of the truck tractor (axle three) and

the first axle of the semitrailer (axle four) must be

a minimum of 45 feet 0 inch.

(G)  Minimum spacing between tandem and tridem

axles shall be 4 feet 0 inch.

No permit may be issued for this type of movement upon an

interstate highway.

(4)  A permit may be denied or revoked in order to

preserve the safety of highway users or to protect the

structural integrity of highways or bridges or as otherwise

authorized by department regulations.]

(a.1)  General rule.--An annual permit may be issued

authorizing movement on specified highways of:

(1)  boats, trailers, mobile homes, modular housing units

and undercarriages, helicopters, hot ingots, a hot box, basic

oxygen furnace lances, railway equipment and rails or other

articles, vehicles or combinations which exceed the maximum

height, width or length specified in Subchapter B (relating

to width, height and length) while they are in the course of

manufacture and under contract with or under the direct

control of the manufacturer, provided that they do not exceed

the maximum weight specified in Subchapter C (relating to

maximum weights of vehicles) unless they also qualify under

paragraph (3);

(2)  self-propelled cranes while they are in the course

of manufacture and under contract with or under the direct

control of the manufacturer; or

(3)  aircraft refueling vehicles or vehicles and

combinations carrying raw milk, raw coal, flat-rolled steel

coils, steel slabs, hot ingots, a hot box, pulpwood and wood

chips or raw water which exceed the maximum weight specified

in Subchapter C while they are in the course of manufacture

and under contract with or under the direct control of the

manufacturer, provided that they do not exceed the maximum

height, width or length specified in Subchapter B unless they

also qualify under paragraph (1), subject to the provisions

in subsection (a.2).

(a.2)  Specifications.--

(1)  Except for articles and vehicles not exceeding 102

inches in width, no permit shall be issued under this section

for movement of articles or vehicles while they are in

transit from the manufacturer to a purchaser or dealer or for

the movement of articles or vehicles upon a freeway.

(2)  Overwidth articles and vehicles:

(i)  Articles and vehicles not wider than 102 inches

may be moved any distance on a permit.

(ii)  Articles and vehicles wider than 102 inches but

not wider than 108 inches may be moved up to seven miles

on a permit 24 hours per day, seven days a week.

(iii)  Articles and vehicles wider than 102 inches

but not in excess of 12 feet in width may be moved up to

50 miles on a permit.

(iv)  Wider articles and vehicles may be moved no

farther than ten miles on a permit.

(3)  A combination of vehicles which is hauling flat-

rolled steel coils or steel slabs may be permitted by the

department and local authorities to move upon highways within

their respective jurisdictions a distance not exceeding 50

miles if the gross weight does not exceed 100,000 pounds and

the weight of any nonsteering axle does not exceed 21,000

pounds. No permit may be issued for this type of movement

upon an interstate highway.

(4)  A combination of vehicles which is hauling raw milk

to or from a manufacturer may be permitted by the department

and local authorities to move upon highways within their

respective jurisdictions 24 hours a day, seven days a week,

except during inclement weather as defined in department

regulations, if the gross weight does not exceed 95,000

pounds and if the weight of any nonsteering axle does not

exceed 21,000 pounds. No permit may be issued for this type

of movement upon an interstate highway.

(5)  A combination of vehicles which is hauling a hot

ingot or a hot box may be permitted by the department and

local authorities to move upon highways within their

respective jurisdictions a distance not exceeding 25 miles if

the gross weight does not exceed 150,000 pounds and the

weight of any nonsteering axle does not exceed 21,000 pounds.

No permit may be issued for this type of movement upon an

interstate highway.

(6)  A combination of vehicles which is hauling basic

oxygen furnace lances may be permitted by the department and

local authorities to move upon highways within their

respective jurisdictions if the overall length does not

exceed 90 feet. A vehicle operating under a permit authorized

under this section may be driven 24 hours a day, seven days a

week, if the vehicle or combination is operated at prevailing

speeds. Movement under this paragraph is not authorized

during any of the following:

(i)  A holiday period specified in department

regulations or in the permit.

(ii)  Inclement weather, as defined in department

regulations.

(7)  A self-propelled crane which is being road tested

may be permitted by the department and local authorities to

move upon highways within their respective jurisdictions a

distance not exceeding 15 miles if the gross weight does not

exceed 150,000 pounds and the weight on any axle does not

exceed 27,000 pounds.

(8)  A combination of vehicles which is hauling raw coal

from a mine to a processing or preparation facility may be

permitted by the department and local authorities to move

upon highways within their respective jurisdictions a

distance not exceeding 30 miles if the gross weight does not

exceed 95,000 pounds and if the weight of any nonsteering

axle does not exceed 21,000 pounds. No permit may be issued

for this type of movement upon an interstate highway.

(9)  A combination of vehicles which is hauling raw water

from a spring to a bottling facility may be permitted by the

department and local authorities to move upon specified

highways within their respective jurisdictions subject to the

following conditions:

(i)  The vehicle must be a six axle combination -

three axle truck tractor.

(ii)  Gross vehicular weight must not exceed 96,900

pounds.

(iii)  Maximum weight on steering axles shall be

11,000 pounds.

(iv)  Maximum weight on the truck-tractor tandem

(axles two and three) shall be 38,000 pounds, with a

maximum of 19,500 pounds on either axle in the group.

(v)  Maximum weight on the semitrailer tridem (axles

four, five and six) shall be 47,700 pounds, with a

maximum of 16,400 pounds on any axle in the group.

(vi)  Minimum spacing between axle one and axle two

shall be 12 feet 11 inches.

(vii)  The center-to-center distance between the last

drive axle of the truck tractor (axle three) and the

first axle of semitrailer (axle four) must be a minimum

of 26 feet 7 inches.

(viii)  Minimum spacing between tandem and tridem

axles shall be 4 feet 1 inch.

No permit may be issued for this type of movement upon an

interstate highway.

(10)  A combination of vehicles which is hauling pulpwood

or wood chips from a specified source to a pulp mill may be

permitted by the department and local authorities to move

upon specified highways within their respective jurisdictions

subject to the following conditions:

(i)  The vehicle must be a five axle combination -

three axle truck tractor meeting the following

characteristics:

(A)  Gross vehicular weight must not exceed

95,000 pounds.

(B)  Maximum weight on steering axles shall be

11,000 pounds.

(C)  Maximum weight on the truck-trailer tandem

(axles two and three) shall be 42,000 pounds, with a

maximum of 21,000 pounds on either axle in the group.

(D)  Maximum weight on the semitrailer tridem

(axles four and five) shall be 42,000 pounds, with a

maximum of 21,000 pounds on any axle in the group.

(E)  Minimum spacing between axle one and axle

two shall be 12 feet 6 inches.

(F)  The center-to-center distance between the

last drive axle of the truck tractor (axle three) and

the first axle of the semitrailer (axle four) must be

a minimum of 28 feet 0 inch.

(G)  Minimum spacing between tandem and tridem

axles shall be 4 feet 0 inch.

(ii)  The vehicle must be a six axle combination -

three axle truck tractor meeting the following

characteristics:

(A)  Gross vehicular weight must not exceed

107,000 pounds.

(B)  Maximum weight on steering axles shall be

12,000 pounds.

(C)  Maximum weight on the truck-tractor tandem

(axles two and three) shall be 42,000 pounds, with a

maximum of 21,000 pounds on either axle in the group.

(D)  Maximum weight on the semitrailer tridem

(axles four, five and six) shall be 53,000 pounds,

with a maximum of 17,670 pounds on any axle in the

group.

(E)  Minimum spacing between axle one and axle

two shall be 12 feet 6 inches.

(F)  The center-to-center distance between the

last drive axle of the truck tractor (axle three) and

the first axle of the semitrailer (axle four) must be

a minimum of 45 feet 0 inch.

(G)  Minimum spacing between tandem and tridem

axles shall be 4 feet 0 inch.

No permit may be issued for this type of movement upon an

interstate highway.

(11)  An aircraft refueling vehicle manufactured for the

United States Department of Defense which is being road

tested and carrying a load required under contract with the

Department of Defense as part of the road test procedure may

be permitted by the department and local authorities to move

upon highways within their respective jurisdictions a

distance not exceeding 35 miles if, for a three axle vehicle,

the gross weight does not exceed 70,000 pounds and the weight

on any axle does not exceed 26,000 pounds. No permit may be

issued for this type of movement upon an interstate highway.

(12)  A permit may be denied or revoked in order to

preserve the safety of highway users or to protect the

structural integrity of highways or bridges or as otherwise

authorized by department regulations.

* * *

Section 4.  Section 4979.1 of Title 75 is amended to read:

§ 4979.1.  Permit for movement of bulk refined oil.

An annual permit may be issued authorizing the movement on

specified highways of refined oil in bulk between a refinery and

a distribution facility which exceeds the maximum vehicle gross

weight specified in Subchapter C (relating to maximum weights of

vehicles). Permits issued under this section shall not exceed a

distance of [50] 125 miles. The weight of any vehicle permitted

under this section may not exceed 107,000 pounds overall gross

weight and shall have the following maximum axle weight limits

for all nonsteering axles:

No permit may be issued for this type of movement upon an

interstate highway.

Section 3 5.  Title 75 is amended by adding a section to

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read:

§ 4979.5.  Permit for movement of nonhazardous liquid glue.

An annual permit may be issued authorizing the movement on

specified highways of nonhazardous liquid glue in bulk between a

chemical plant and a particleboard or fiberboard manufacturing

facility which exceeds the maximum vehicle gross weight

specified in Subchapter C (relating to maximum weights of

vehicles). Permits issued under this section shall not exceed a

distance of 75 miles. The weight of any vehicle permitted under

this section may not exceed 105,000 pounds overall gross weight

and shall have the following maximum axle weight limits for all

nonsteering axles:

No permit may be issued for this type of movement upon an

interstate highway.

Section 4.  This act shall take effect in 60 days.

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Section 6.  Section 6103(c) of Title 75 is amended to read:

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§ 6103.  Promulgation of rules and regulations by department.

* * *

(c)  Adoption of Federal statute, regulation, standard or

criteria.--The department shall be authorized to adopt by

reference any Federal statute, regulation, standard or criteria

or provision thereof relating to vehicles or drivers, including,

but not limited to, minimum driver qualifications, maximum hours

of service, loading, unloading, hazardous materials, operation,

equipment, records and inspection.

(1)  The department shall be authorized to extend the

coverage of any Federal statute, regulation, standard or

criteria adopted under this subsection to vehicles and

drivers operating only in intrastate commerce, except as

follows:

(ii)  No Federal statute, regulation, standard or

criteria pertaining to drivers, including, but not

limited to, minimum driver qualifications, maximum hours

of service or driver records, shall be extended to cover

farm trucks, except farm trucks carrying hazardous

materials in an amount and type which require the vehicle

to be placarded under Chapter 83 (relating to hazardous

materials transportation).

(2)  The regulations promulgated by the department under

paragraph (1) may be modified, but shall, to the maximum

extent possible, be consistent with safety and correspond to

Federal regulations, standards or criteria.

(3)  The department shall promulgate regulations adopting

by reference all exemptions permitted for farm vehicles,

tractors and other implements of husbandry, and for drivers

of farm vehicles, tractors and other implements of husbandry

under any Federal statute, regulation, standard or criteria

or provision thereof.

* * *

Section 7.  The provisions of 67 Pa. Code Ch. 231 are

abrogated with respect to vehicles for which drivers for whom

the department is required to exempt under 75 Pa.C.S. § 6103(c)

(3).

Section 8.  This act shall take effect as follows:

(1)  This section shall take effect immediately.

(2)  The amendment of 75 Pa.C.S. § 6103(c) shall take

effect immediately.

(3)  The remainder of this act shall take effect in 60

days.