SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ELLIS, GEIST, MARKOSEK, BAKER, BEAR, BEYER, BROOKS, CREIGHTON, DALLY, EVERETT, FAIRCHILD, FARRY, FRANKEL, GERGELY, GROVE, HARPER, HELM, KNOWLES, KORTZ, MAJOR, MILLARD, MILLER, MILNE, MOUL, OBERLANDER, PALLONE, PETRARCA, PHILLIPS, PICKETT, PYLE, RAPP, READSHAW, REICHLEY, ROCK, SAINATO, SAYLOR, SIPTROTH, SOLOBAY, STEVENSON, SWANGER, TALLMAN, TRUE, VULAKOVICH, CAUSER AND FLECK, JUNE 30, 2009

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JULY 2, 2010   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for vehicles exempt from

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registration, for display of registration plate, for

exemption of persons, entities and vehicles from fees and,  

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for annual hauling permits and for automated red light

enforcement in first class cities; providing for automated

red light enforcement systems in second class, second class A

and third class cities and for the Automated Enforcement

Fund; transferring money; further providing for general

requirements for other vehicles transporting school children,

for conditions of permits and security for damages, for

permit for movement in the course of manufacture and for

permit for movement of bulk refined oil; providing for permit

for movement of nonhazardous liquid glue and for permit for

movement of waste tires; further providing for definitions,

for restricted account, for registration of snowmobile or

ATV, for certificate of title for snowmobile or atv, for fees

and for records; and providing for vintage snowmobile

permits.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1901(c)(16) of Title 75 of the

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Pennsylvania Consolidated Statutes is amended to read:

Section 1.  Sections 1302(11), 1332(b)(2) and 1901(c)(16) of

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Title 75 of the Pennsylvania Consolidated Statutes are amended

to read:

Section 1.  Sections 1302(11), 1332(b)(2) and 1901(c)(16) of 

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Title 75 of the Pennsylvania Consolidated Statutes are amended

to read:

§ 1302.  Vehicles exempt from registration.

The following types of vehicles are exempt from registration:

* * *

(11)  Any trailer or semitrailer, including but not

limited to non-self-propelled special mobile equipment and

amusement rides constructed as an integral part of the

trailer chassis to create a single unit, to be used primarily

for off highway use and only operated incidentally upon the

highway.

* * *

§ 1332.  Display of registration plate.

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* * *

(b)  Obscuring plate.--It is unlawful to display on any

vehicle a registration plate which:

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(2)  is obscured in any manner which inhibits the proper

operation of an automated red light enforcement system in

place pursuant to section 3116 (relating to automated red

light enforcement systems in first class cities) or 3117

(relating to automated red light enforcement systems in

second class, second class A and third class cities); or

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§ 1901.  Exemption of persons, entities and vehicles from fees.

* * *

(c)  Processing fee in lieu of registration fee.--No

registration fee shall be charged for vehicles registered by any

of the following but the department shall charge a fee of $10 to

cover the costs of processing for issuing or renewing the

registration:

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(16)  Any person who is retired and receiving social

security or other pension and whose total annual income does

not exceed $19,200. Unless the retired person is physically

or mentally incapable of driving the vehicle, the retired

person shall be the principal driver of the vehicle but may

from time to time authorize another person to drive the

vehicle in his or her stead. For purposes of this paragraph,

the term "income" shall not include a stipend received from

the Federal Government under the American Recovery and

Reinvestment Act of 2009 (Public Law 111-5, 123 Stat. 115).

* * *

Section 2.  Section 1943(m) of Title 75 is amended and the

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section is amended by adding subsections to read:

§ 1943.  Annual hauling permits.

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(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.

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(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.

(q.2)  Waste tires.--The annual fee for the movement of waste

tires under section 4979.6 (relating to permit for movement of

waste tires) shall be $800.

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Section 3.  Section 3116(l)(2) and (q) of Title 75 are

amended to read:

§ 3116.  Automated red light enforcement systems in first class

cities.

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(l)  Payment of fine.--

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(2)  Payment must be made personally, through an

authorized agent or by mailing both payment and the notice of

violation to the system administrator. Payment by mail must

be made only by money order, credit card or check made

payable to the system administrator. The system administrator

shall remit the fine, less the system administrator's

operation and maintenance costs necessitated by this section,

to the department for deposit [into the Motor License Fund.

Fines deposited in the fund under this paragraph shall be

used by the department to develop, by regulation, a

Transportation Enhancements Grant Program] under section

3118(b)(1) (relating to Automated Enforcement Fund).

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(q)  Expiration.--This section shall expire December 31,

[2011] 2020.

Section 4.  Title 75 is amended by adding sections to read:

§ 3117.  Automated red light enforcement systems in second

class, second class A and third class cities.

(a)  General rule.--A city of the second class, second class

A or third class, upon passage of an ordinance, is authorized to

enforce section 3112(a)(3) (relating to traffic-control signals)

by recording violations using an automated red light enforcement

system approved by the department.

(b)  Applicability.--This section shall only be applicable at

intersections in a city of the second class, second class A or

third class designated by the system administrator in

consultation with the secretary.

(c)  Owner liability.--For each violation under this section,

the owner of the vehicle shall be liable for the penalty imposed

unless the owner is convicted of the same violation under

another section of this title or has a defense under subsection

(g).

(d)  Certificate as evidence.--A certificate, or a facsimile

of a certificate, based upon inspection of recorded images

produced by an automated red light enforcement system and sworn

to or affirmed by a police officer employed by the city of the

second class, second class A or third class shall be prima facie

evidence of the facts contained in it. The city must include

written documentation that the automated red light enforcement

system was operating correctly at the time of the alleged

violation. A recorded image evidencing a violation of section

3112(a)(3) shall be admissible in any judicial or administrative

proceeding to adjudicate the liability for the violation.

(e)  Penalty.--

(1)  The penalty for a violation under subsection (a)

shall be a fine of $100 unless a lesser amount is set by

ordinance.

(2)  A fine is not authorized for a violation of this

section if any of the following apply:

(i)  The intersection is being manually controlled.

(ii)  The signal is in the mode described in section

3114 (relating to flashing signals).

(3)  A fine is not authorized during any of the

following:

(i)  The first 120 days of operation of the automated

system at the initial intersection.

(ii)  The first 60 days for each additional

intersection selected for the automated system.

(4)  A warning may be sent to the violator under

paragraph (3).

(5)  A penalty imposed under this section shall not be

deemed a criminal conviction and shall not be made part of

the operating record under section 1535 (relating to schedule

of convictions and points) of the individual upon whom the

penalty is imposed, nor may the imposition of the penalty be

subject to merit rating for insurance purposes.

(6)  No surcharge points may be imposed in the provision

of motor vehicle insurance coverage. Fines collected under

this section shall not be subject to 42 Pa.C.S. § 3571

(relating to Commonwealth portion of fines, etc.) or 3573

(relating to municipal corporation portion of fines, etc.).

(f)  Limitations.--

(1)  No automated red light enforcement system shall be

utilized in such a manner as to take a frontal view recorded

image of the vehicle as evidence of having committed a

violation.

(2)  Notwithstanding any other provision of law, camera

equipment deployed as part of an automated red light

enforcement system as provided under this section must be

incapable of automated or user-controlled remote intersection

surveillance by means of recorded video images. Recorded

images collected as part of the automated red light

enforcement system may only record traffic violations and may

not be used for any other surveillance purposes. The

restrictions set forth under this paragraph shall not be

deemed to preclude a court of competent jurisdiction from

issuing an order directing that the information be provided

to law enforcement officials if the information is reasonably

described and is requested solely in connection with a

criminal law enforcement action.

(3)  Notwithstanding any other provision of law,

information prepared under this section and information

relating to violations under this section which is kept by

the city of the second class, second class A or third class,

its authorized agents or employees, including recorded

images, written records, reports or facsimiles, names,

addresses and the number of violations under this section,

shall be for the exclusive use of the city, its authorized

agents, its employees and law enforcement officials for the

purpose of discharging their duties under this section and

under any ordinances and resolutions of the city. The

information shall not be deemed a public record under the act

of February 14, 2008 (P.L.6, No.3), known as the Right-to-

Know Law. The information shall not be discoverable by court

order or otherwise, nor shall it be offered in evidence in

any action or proceeding which is not directly related to a

violation of this section or any ordinance or resolution of

the city. The restrictions set forth under this paragraph

shall not be deemed to preclude a court of competent

jurisdiction from issuing an order directing that the

information be provided to law enforcement officials if the

information is reasonably described and is requested solely

in connection with a criminal law enforcement action.

(4)  Recorded images obtained through the use of

automated red light enforcement systems deployed as a means

of promoting traffic safety in a city of the second class,

second class A or third class shall be destroyed within one

year of final disposition of an recorded event. The city

shall file notice with the Department of State that the

records have been destroyed in accordance with this section.

(5)  Notwithstanding any other provision of law,

registered vehicle owner information obtained as a result of

the operation of an automated red light enforcement system

under this section shall not be the property of the

manufacturer or vendor of the automated red light enforcement

system and may not be used for any purpose other than

prescribed in this section.

(g)  Defenses.--

(1)  It shall be a defense to a violation under this

section that the person named in the notice of the violation

was not operating the vehicle at the time of the violation.

The owner may be required to submit evidence that the owner

was not the driver at the time of the alleged violation. The

city of the second class, second class A or third class may

not require the owner of the vehicle to disclose the identity

of the operator of the vehicle at the time of the violation.

(2)  If an owner receives a notice of violation under

this section of a time period during which the vehicle was

reported to a police department of any state or municipality

as having been stolen, it shall be a defense to a violation

under this section that the vehicle has been reported to a

police department as stolen prior to the time the violation

occurred and had not been recovered prior to that time.

(3)  It shall be a defense to a violation under this

section that the person receiving the notice of violation was

not the owner of the vehicle at the time of the offense.

(h)  Department approval.--No automated red light enforcement

system may be used without consultation with the department,

which shall have the authority to promulgate regulations for the

certification and use of such systems.

(i)  Duty of city.--If a city of the second class, second

class A or third class elects to implement this section, the

following provisions shall apply:

(1)  The city may not use an automated red light

enforcement system unless an appropriate sign is posted in a

conspicuous place before the area in which the automated red

light enforcement device is to be used notifying the public

that an automated red light enforcement device is in use

immediately ahead.

(2)  The city or its designee shall serve as the system

administrator to supervise and coordinate the administration

of notices of violation issued under this section.

(3)  (i)  The system administrator shall prepare a notice

of violation to the registered owner of a vehicle

identified in a recorded image produced by an automated

red light enforcement system as evidence of a violation

of section 3112(a)(3). The issuance of the notice of

violation must be done by a police officer employed by

the police department with primary jurisdiction over the

area where the violation occurred. The notice of

violation shall have attached to it all of the following:

(A)  A copy of the recorded image showing the

vehicle.

(B)  The registration number and state of

issuance of the vehicle registration.

(C)  The date, time and place of the alleged

violation.

(D)  Notice that the violation charged is under

section 3112(a)(3).

(E)  Instructions for return of the notice of

violation.

(ii)  The text of the notice must be as follows:

This notice shall be returned personally, by mail or by

an agent duly authorized in writing, within 30 days of

issuance. A hearing may be obtained upon the written

request of the registered owner.

(j)  System administrator.--

(1)  The system administrator may hire and designate

personnel as necessary or contract for services to implement

this section.

(2)  The system administrator shall process fines issued

under this section.

(3)  The system administrator shall submit an annual

report to the chairman and the minority chairman of the

Transportation Committee of the Senate and the chairman and

minority chairman of the Transportation Committee of the

House of Representatives. The report shall include for the

prior year:

(i)  The number of violations and fines issued.

(ii)  A compilation of fines paid and outstanding.

(iii)  The amount of money paid to a vendor or

manufacturer under this section.

(k)  Notice to owner.--In the case of a violation involving a

motor vehicle registered under the laws of this Commonwealth,

the notice of violation must be mailed within 30 days after the

commission of the violation or within 30 days after the

discovery of the identity of the registered owner, whichever is

later, and not thereafter to the address of the registered owner

as listed in the records of the department. In the case of motor

vehicles registered in jurisdictions other than this

Commonwealth, the notice of violation must be mailed within 30

days after the discovery of the identity of the registered owner

and not thereafter to the address of the registered owner as

listed in the records of the official in the jurisdiction having

charge of the registration of the vehicle. A notice of violation

under this section must be provided to an owner within 90 days

of the commission of the offense.

(l)  Mailing of notice and records.--Notice of violation must

be sent by first class mail. A manual or automatic record of

mailing prepared by the system administrator in the ordinary

course of business shall be prima facie evidence of mailing and

shall be admissible in any judicial or administrative proceeding

as to the facts contained in it.

(m)  Payment of fine.--

(1)  An owner to whom a notice of violation has been

issued may admit responsibility for the violation and pay the

fine provided in the notice.

(2)  Payment must be made personally, through an

authorized agent or by mailing both payment and the notice of

violation to the system administrator. Payment by mail must

be made only by money order, credit card or check made

payable to the system administrator. The system administrator

shall remit the fine, less the system administrator's

operation and maintenance costs necessitated under this

section, to the department for deposit under section 3118(b)

(2) (relating to Automated Enforcement Fund).

(3)  Payment of the established fine and applicable

penalties shall operate as a final disposition of the case.

(n)  Hearing.--

(1)  An owner to whom a notice of violation has been

issued may, within 30 days of the mailing of the notice,

request a hearing to contest the liability alleged in the

notice. A hearing request must be made by appearing before

the system administrator during regular office hours either

personally or by an authorized agent or by mailing a request

in writing.

(2)  Upon receipt of a hearing request, the system

administrator shall in a timely manner schedule the matter

before a hearing officer. The hearing officer shall be

designated by the city of the second class, second class A or

third class. Written notice of the date, time and place of

hearing must be sent by first class mail to the owner.

(3)  The hearing shall be informal, the rules of evidence

shall not apply and the decision of the hearing officer shall

be final, subject to the right of the owner to appeal the

decision to the magisterial district judge.

(4)  If the owner requests in writing that the decision

of the hearing officer be appealed to the magisterial

district judge, the system administrator shall file the

notice of violation and supporting documents with the

magisterial district judge, which shall hear and decide the

matter de novo.

(o)  Compensation to manufacturer or vendor.--If a city of

the second class, second class A or third class has established

an automated red light enforcement system deployed as a means of

promoting traffic safety and the enforcement of the traffic laws

of this Commonwealth or the city, the compensation paid to the

manufacturer or vendor of the automated red light enforcement

system may not be based upon the number of traffic citations

issued or a portion or percentage of the fine generated by the

citations. The compensation paid to the manufacturer or vendor

of the equipment shall be based upon the value of the equipment

and the services provided or rendered in support of the

automated red light enforcement system.

(p)  Duration of yellow light change interval.--The duration

of the yellow light change interval at intersections where

automated red light enforcement systems are in use shall conform

to the yellow light change interval duration specified on the

traffic signal permit issued by the department of a second

class, second class A or third class city.

(q)  Revenue limit.--A city of the second class, second class

A or third class may not collect an amount equal to or greater

than 5% of its annual budget from the collection of revenue from

the issuance and payment of violations under this section.

(r)  Expiration.--This section shall expire December 31,

2020.

§ 3118.  Automated Enforcement Fund.

(a)  Establishment.--The Automated Enforcement Fund is

established as a separate fund in the State Treasury.

(b)  Sources.--The sources of the fund are as follows:

(1)  Revenue remitted under section 3116(l)(2) (relating

to automated red light enforcement systems in first class

cities). This paragraph includes a transfer of the money

deposited in the Motor License Fund under section 3116(l)(2)

on the effective date of this paragraph.

(2)  Revenue remitted under section 3117(m)(2) (relating

to automated red light enforcement systems in second class,

second class A and third class cities).

(c)  Use.--The money in the fund shall be used as follows:

(1)  No more than 50% of the revenue remitted under

subsection (b)(1) on the effective date of subsection (b)(1)

shall be appropriated to the Pennsylvania State Police.

(2)  Revenue remitted under section 3116(l)(2) after the

effective date of subsection (b)(1) and revenue remitted

under section 3117(m)(2) shall be appropriated as follows:

(i)  No more than 50% of the revenue shall be

appropriated to the Pennsylvania State Police for costs

incurred in first class cities, second class cities,

second class A cities and third class cities.

(ii)  The remainder of the revenue shall be

appropriated to:

(A)  first class cities, second class A cities

and third class cities which establish automated red

light enforcement systems under section 3116 or 3117

for transportation enhancements grants for

intersection signaling and safety improvements; and

(B)  second class cities which establish

automated red light enforcement systems under section

3117 as follows:

(I)  Seventy-five percent to the cities'

municipal pension system funds.

(II)  Twenty-five percent for transportation

enhancements grants for intersection signaling

and safety improvements.

(d)  Continuing appropriation.--The money in the fund is

continuously appropriated into the fund. This appropriation

shall not lapse at the end of any fiscal year.

Section 5.  Sections 4553(b) and 4962(f) of Title 75 are

amended to read:

§ 4553.  General requirements for other vehicles transporting

school children.

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(b)  School-chartered bus.--In addition to school buses,

school-chartered buses, which are designed to transport 16 or

more passengers, including the driver, and which are operated by

a person holding a certificate of the Pennsylvania Public

Utility Commission or the Interstate Commerce Commission, may be

used under a short-term contract with a school which has

acquired the exclusive use of the vehicle at a fixed charge to

[provide transportation of] transport school children to a

[special] school-related event, provided that the vehicle is not

used to transport school children to or from their residences or

designated bus stops. A school-chartered vehicle may be used

without restriction for the transportation of school children

with special needs as may be necessary to make reasonable

accommodations pursuant to the Americans with Disabilities Act

of 1990 (Public Law 101-336, 104 Stat. 327).

* * *

§ 4962.  Conditions of permits and security for damages.

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* * *

(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 4979.6 (relating to permit for movement of waste

tires).

* * *

Section 6.  Section 4968(a) of Title 75 is amended and the

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 7.  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 8.  Title 75 is amended by adding sections to 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.

§ 4979.6.  Permit for movement of waste tires.

An annual permit may be issued for the movement on specified

highways of waste tires and tire derived-fuel, chipped tires,

from a refuse pile to a preparation or power production facility

which exceeds the maximum vehicle gross weight specified in

Subchapter C (relating to maximum weights of vehicles). The

weight of any vehicle permitted under this section may not

exceed 95,000 pounds overall gross weight, and the weight on any

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

issued for this type of movement upon an interstate highway.

Section 9.  The definition of "snowmobile" in section 7702 of

Title 75 is amended and the section is amended by adding

definitions to read:

§ 7702.  Definitions.

The following words and phrases when used in this chapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Snowmobile."  An engine-driven vehicle which is all of the

following:

(1)  Is designed to travel over snow or ice.

(2)  Has an endless belt track or tracks.

(3)  Is steered by a ski or skis.

(4)  Has an overall width of 48 inches or less.

The term does not include a farm tractor, construction

equipment, military vehicle, vehicle with inflatable tires or

machinery used strictly for the grooming of snowmobile trails.

The term includes vintage snowmobiles.

* * *

"Vintage snowmobile."  A snowmobile that is at least 25 years

old and is not operated in this Commonwealth except at vintage

snowmobile events.

"Vintage snowmobile event."  A ride or rally intended for the

participation by vintage snowmobiles on a designated trail, on a

specific date and with a specified beginning and end point.

Section 10.  Section 7706(a)(1) of Title 75 is amended to

read:

§ 7706.  Restricted account.

(a)  Deposit and use of moneys.--

(1)  The department shall deposit the following into a

restricted account, which is hereby established:

(i)  all moneys received from the registration of and

issuance of certificates of title for snowmobiles and

ATV's and from the issuance of vintage snowmobile

permits;

(ii)  all revenue from the sale of any publications

or services relating to snowmobiles and ATV's; and

(iii)  all fines, penalties, fees and costs assessed

and collected as a result of enforcement activities

conducted by the department's law enforcement personnel

under this chapter.

* * *

Section 11.  The heading of Subchapter B of Chapter 77 of

Title 75 is amended to read:

SUBCHAPTER B

CERTIFICATES OF TITLE [AND REGISTRATION], REGISTRATION AND

PERMITS

Section 12.  Section 7711.1(f) of Title 75 is amended by

adding a paragraph to read:

§ 7711.1.  Registration of snowmobile or ATV.

* * *

(f)  Exemptions from registration.--Subsection (a) does not

apply if:

* * *

(5)  The snowmobile is a vintage snowmobile and the owner

thereof carries a valid vintage snowmobile permit.

Section 13.  Sections 7712.1(g), 7715.2(a) and 7716 of Title

75 are amended to read:

§ 7712.1.  Certificate of title for snowmobile or ATV.

* * *

(g)  Registration without certificate of title prohibited.--

Except as provided in subsection (b), the department shall not

issue a registration certificate or limited registration

certificate for a snowmobile or ATV or a vintage snowmobile

permit for a vintage snowmobile unless a certificate of title

has been issued by the department to the owner or an application

for a certificate of title has been delivered by the owner to

the department.

* * *

§ 7715.2.  Fees.

(a)  Fees.--Except as provided in subsection (b), the

department shall collect the following fees:

(1)  Certificate of title, $22.50.

(2)  Expiration sticker, $20.

(2.1)  Vintage snowmobile permit, $10.

(3)  Dealer registration, $25.

(4)  Replacement, due to loss or damage, of registration

certificate, limited registration certificate, registration

decal, registration plate [or], expiration sticker or vintage

snowmobile permit, $5.

(5)  Transfer of registration pursuant to section 7711.1

(relating to registration of snowmobile or ATV), $5.

(6)  Recording the name of a secured party on a

certificate of title, $5.

* * *

§ 7716.  Records.

The department shall maintain a record, which shall be made

available to all enforcement agencies, of:

(1)  The registration number for each snowmobile and ATV

for which a registration certificate or limited registration

certificate is issued.

(2)  The name and address of the owner of each snowmobile

and ATV for which a registration certificate or limited

registration certificate is issued.

(3)  The permit number for each vintage snowmobile for

which a vintage snowmobile permit is issued.

(4)  The name and address of the owner of each vintage

snowmobile for which a vintage snowmobile permit is issued.

Section 14.  Title 75 is amended by adding a section to read:

§7718.  Vintage snowmobile permits.

(a)  Issuance of permits.--Upon receipt of an application

upon a form prescribed and furnished by the department which

shall contain information required by the department and which

shall be accompanied by the required fee and any other

information the department shall require, the department shall

issue to an owner of a vintage snowmobile a vintage snowmobile

permit containing a permit number.

(b)  Carrying and exhibiting permit.--Every permit shall, at

all times while the vehicle is being operated, be in the

possession of the person driving or in control of the vehicle or

carried in the vehicle and shall be exhibited on demand of a

police officer or authorized department employee.

(c)  Not transferable.--A vintage snowmobile permit is not

transferable to a successor owner or to another vehicle. On

transfer of ownership of a vintage snowmobile for which a

vintage snowmobile permit has been issued, the permit shall

become invalid.

(d)  Suspension or revocation.--The department may suspend or

revoke a vintage snowmobile permit upon conviction of the holder

of an offense under this chapter. A suspended or revoked vintage

snowmobile permit is invalid.

Section 2 15.  This act shall take effect immediately. as

<--

follows:

(1)  The amendment of 75 Pa.C.S. § 4553(b) shall take

effect in 60 days.

(2)  The amendment of 75 Pa.C.S. Chapter 77 shall take

effect in 30 days.

(2) (3)  The remainder of this act shall take effect 

<--

immediately.