SENATE AMENDED

 

PRIOR PRINTER'S NOS. 3188, 3629, 3657, 4078

PRINTER'S NO.  4385

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2246

Session of

2010

  

  

INTRODUCED BY TALLMAN, READSHAW, BARRAR, BELFANTI, D. COSTA, EVERETT, FABRIZIO, FARRY, GEORGE, GILLESPIE, HESS, HICKERNELL, HORNAMAN, KORTZ, MARSHALL, MATZIE, MILLARD, MILLER, MOUL, MURT, OBERLANDER, PASHINSKI, SAYLOR, SIPTROTH, SOLOBAY, SWANGER, J. TAYLOR, VULAKOVICH, BEYER AND HENNESSEY, FEBRUARY 8, 2010

  

  

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, SEPTEMBER 28, 2010   

  

  

  

AN ACT

  

1

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

2

Statutes, further providing for definitions; providing for

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3

permissible argument as to amount of damages; further

4

providing, for vehicles exempt from registration, for annual

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5

hauling permits, for permit for movement during course of

6

manufacture, for general requirement for other vehicles

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7

transporting school children, for conditions of permits and

8

security for damages and for permit for movement of bulk

9

refined oil; providing for permit for movement of

10

nonhazardous liquid glue and for permit for movement of waste

11

tires; further providing for promulgation of rules and

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12

regulations by department, for duty of driver in emergency

13

response areas, for careless driving, for snow and ice

14

dislodged or falling from moving vehicle and for sentencing

15

for homicide by vehicle; providing for the offense of

16

aggravated assault by vehicle; further providing for

17

aggravated assault by vehicle while driving under the

18

influence, for accident involving death or personal injury

19

while not properly licensed and, for accident scene

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20

clearance, for weighing and measurement of vehicles and for

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21

promulgation of rules and regulations by department; and

22

imposing penalties.

23

RESOLVED, That this act may be referred to as the Sgt.

24

Michael C. Weigand Law.

25

The General Assembly of the Commonwealth of Pennsylvania

 


1

hereby enacts as follows:

2

Section 1.  Section 102 of Title 75 of the Pennsylvania

3

Consolidated Statutes is amended by adding definitions to read:

4

§ 102.  Definitions.

5

Subject to additional definitions contained in subsequent

6

provisions of this title which are applicable to specific

7

provisions of this title, the following words and phrases when

8

used in this title shall have, unless the context clearly

9

indicates otherwise, the meanings given to them in this section:

10

* * *

11

"Emergency service responder."  An individual acting in an

12

official capacity as any of the following:

13

(1)  A police officer.

14

(2)  A sheriff or deputy sheriff.

15

(3)  A coroner or deputy coroner.

16

(4)  A firefighter.

17

(5)  Fire police.

18

(6)  A fire marshal.

19

(7)  A medical examiner or deputy medical examiner.

20

(8)  Rescue personnel.

21

(9)  Ambulance personnel.

22

(10)  Towing and recovery personnel.

23

(11)  Highway maintenance and construction personnel.

24

(12)  Hazardous material response team member.

25

(13)  Emergency medical services personnel.

26

* * *

27

"Serious bodily injury."  Any bodily injury which creates a

28

substantial risk of death or which causes serious, permanent

29

disfigurement or protracted loss or impairment of the function

30

of any bodily member or organ.

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1

* * *

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2

Section 1.1.  Title 75 is amended by adding a section to

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3

read:

4

§ 1794.1.  Permissible argument as to amount of damages.

5

(a)  General rule.--In any action for damages against a

6

tortfeasor, or in any uninsured or underinsured motorist

7

proceeding, arising out of the maintenance or use of a motor

8

vehicle and tried before a judge, jury or other tribunal, a

9

party may make any of the following arguments during closing

10

argument if the party complied with subsection (b) or if the

11

judge, jury or other tribunal has requested that the argument be

12

made:

13

(1)  Specifically argue in lump sums or by mathematical

14

formula the amount the party deems to be the appropriate

15

award for all past and future economic damages, noneconomic

16

damages, or both, claimed to be recoverable.

17

(2)  Argue that an award of zero damages is appropriate,

18

even if there is a finding of liability against the

19

defendant.

20

(b)  Disclosure.--The following shall apply:

21

(1)  Except as provided under paragraph (2), a party may

22

not argue specific award amounts by lump sum or mathematical

23

formula as provided under subsection (a), unless the party

24

first discloses to the court and opposing counsel, prior to

25

the presentation of closing arguments, that the party intends

26

to argue specific award amounts under subsection (a).

27

(2)  Notwithstanding paragraph (1), arguments as to an

28

appropriate award amount for economic damages may be made

29

without notice to opposing counsel or the court if evidence

30

supporting an award for economic damages has been admitted

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1

into evidence at trial.

2

(c)  Facts and evidence.--Nothing in this section shall be

3

construed to prevent a defendant from arguing that the facts and

4

evidence admitted at trial support a finding of no liability.

5

(d)  Jury instruction.--In a civil action tried before a

6

jury, if an appropriate award amount is specifically argued

7

during closing arguments as provided for under subsection (a),

8

the trial court shall instruct the jury that specific award

9

amounts argued are not evidence but only the argument of a party

10

and that the determination of the amount of damages to be

11

awarded, if any, is solely for the jury's determination.

12

Section 2.  Section 1302(11) of Title 75 is amended to read:

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13

§ 1302.  Vehicles exempt from registration.

14

The following types of vehicles are exempt from registration:

15

* * *

16

(11)  Any trailer or semitrailer, including but not

17

limited to non-self-propelled special mobile equipment and

18

amusement rides constructed as an integral part of the

19

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

20

for off highway use and only operated incidentally upon the

21

highway.

22

* * *

23

Section 1.2 3.  Section 1943(m) of Title 75 is amended and

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24

the section is amended by adding subsections to read:

25

§ 1943.  Annual hauling permits.

26

* * *

27

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

28

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

29

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

30

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

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1

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

2

125 miles.

3

* * *

4

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

5

movement of nonhazardous liquid glue, as provided for in section

6

4979.5 (relating to permit for movement of nonhazardous liquid

7

glue), shall be $800.

8

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

9

tires under section 4979.6 (relating to permit for movement of

10

waste tires) shall be $800.

11

* * *

12

Section 2 4.  Sections 3327(b.1) and (f), 3714(d), 3720 and 

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13

3732(b) of Title 75 are amended to read:

14

§ 3327.  Duty of driver in emergency response areas.

15

* * *

16

(b.1)  Suspension of operating privilege.--The department

17

shall suspend the operating privilege of any person for 90 days

18

upon receiving a certified record of the driver's conviction,

19

adjudication of delinquency or admission into a preadjudication

20

program for a violation of subsection (a), if the certified

21

conviction indicates the violation resulted in serious bodily 

22

injury to another person. The license shall be surrendered in

23

accordance with section 1540 (relating to surrender of license).

24

* * *

25

(f)  [Definitions] Definition.--As used in this section, [the

26

following words and phrases shall have the meanings given to

27

them in this subsection:

28

"Emergency response area."  The] the term "emergency response

29

area" means the area in which emergency service responders

30

render emergency assistance to individuals on or near a roadway

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1

or a police officer is conducting a traffic stop or systematic

2

check of vehicles or controlling or directing traffic as long as

3

the emergency vehicle is making use of visual signals meeting

4

the requirements of Subchapter D of Chapter 45.

5

["Emergency service responder."  An individual acting in an

6

official capacity as police officer, sheriff, deputy sheriff,

7

coroner, deputy coroner, firefighter, fire police, fire marshal,

8

medical examiner, deputy medical examiner, rescue personnel,

9

ambulance personnel, towing and recovery personnel, highway

10

maintenance and construction personnel, hazardous material

11

response team member or emergency medical service personnel.

12

"Serious injury."  A personal injury resulting in death,

13

serious impairment of body function or permanent serious

14

disfigurement.]

15

§ 3714.  Careless driving.

16

* * *

17

[(d)  Definition.--As used in this section, "serious bodily

18

injury" means any bodily injury which creates a substantial risk

19

of death or which causes serious, permanent disfigurement or

20

protracted loss or impairment of the function of any bodily

21

member or organ.]

22

§ 3720.  Snow and ice dislodged or falling from moving vehicle.

23

When snow or ice is dislodged or falls from a moving vehicle

24

and strikes another vehicle or pedestrian causing death or

25

serious bodily injury [as defined in section 3742 (relating to

26

accidents involving death or personal injury)], the operator of

27

the vehicle from which the snow or ice is dislodged or falls

28

shall be subject to a fine of not less than $200 nor more than

29

$1,000 for each offense.

30

§ 3732.  Homicide by vehicle.

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1

* * *

2

(b)  Sentencing.--

3

(1)  In addition to any other penalty provided by law, a

4

person convicted of a violation of subsection (a) may be

5

sentenced to an additional term not to exceed five years'

6

confinement if at trial the prosecution proves beyond a

7

reasonable doubt that the offense occurred in an active work

8

zone [as defined in section 102 (relating to definitions)].

9

(1.1)  In addition to any other penalty provided by law,

10

a person convicted of a violation of subsection (a) as the

11

result of a violation of section 3325 (relating to duty of

12

driver on approach of emergency vehicle) or 3327 (relating to

13

duty of driver in emergency response areas) and who is

14

convicted of violating section 3325 or 3327 may be sentenced

15

to an additional term not to exceed five years' confinement

16

when the violation resulted in death.

17

(2)  The prosecution must indicate intent to proceed

18

under this section in the indictment or information which

19

commences the prosecution.

20

(3)  The Pennsylvania Commission on Sentencing, pursuant

21

to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for

22

sentencing), shall provide for a sentencing enhancement for

23

an offense under this section when the violation occurred in

24

an active work zone [as defined in section 102] or was the

25

result of a violation of section 3325 or 3327.

26

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

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27

read:

28

§ 3732.1.  Aggravated assault by vehicle.

29

(a)  Offense.--Any person who recklessly or with gross

30

negligence causes serious bodily injury to another person while

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1

engaged in the violation of any law of this Commonwealth or

2

municipal ordinance applying to the operation or use of a

3

vehicle or to the regulation of traffic, except section 3802

4

(relating to driving under influence of alcohol or controlled

5

substance), is guilty of aggravated assault by vehicle, a felony

6

of the third degree when the violation is the cause of the

7

injury.

8

(b)  Sentencing.--

9

(1)  In addition to any other penalty provided by law, a

10

person convicted of a violation of subsection (a) may be

11

sentenced to an additional term not to exceed two years'

12

confinement if at trial the prosecution proves beyond a

13

reasonable doubt that the offense occurred in an active work

14

zone.

15

(2)  In addition to any other penalty provided by law, a

16

person convicted of a violation of subsection (a) as the

17

result of a violation of section 3325 (relating to duty of

18

driver on approach of emergency vehicle) or 3327 (relating to

19

duty of driver in emergency response areas) and who is

20

convicted of violating section 3325 or 3327 may be sentenced

21

to an additional term not to exceed two years' confinement

22

when the violation resulted in serious bodily injury.

23

(3)  The prosecution must indicate intent to proceed

24

under this section in the indictment or information which

25

commences the prosecution.

26

(4)  The Pennsylvania Commission on Sentencing, under 42

27

Pa.C.S. § 2154 (relating to adoption of guidelines for

28

sentencing), shall provide for a sentencing enhancement for

29

an offense under this section when the violation occurred in

30

an active work zone or was the result of a violation of

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1

section 3325 or 3327.

2

Section 4 6.  Sections 3735.1(b), 3742(d), 3742.1(c) and, 

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3

3745.1(a), 4553(b) and 4962(f) of Title 75 are amended to read:

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4

§ 3735.1.  Aggravated assault by vehicle while driving under the

5

influence.

6

* * *

7

[(b)  Definition.--As used in this section, the term "serious

8

bodily injury" means any bodily injury which creates a

9

substantial risk of death or which causes serious, permanent

10

disfigurement or protracted loss or impairment of the function

11

of any bodily member or organ.]

12

§ 3742.  Accidents involving death or personal injury.

13

* * *

14

[(d)  Definitions.--As used in this section, the term

15

"serious bodily injury" means any bodily injury which creates a

16

substantial risk of death or which causes serious, permanent

17

disfigurement or protracted loss or impairment of the function

18

of any bodily member or organ.]

19

§ 3742.1.  Accidents involving death or personal injury while

20

not properly licensed.

21

* * *

22

[(c)  Definitions.--As used in this section, the term

23

"serious bodily injury" means any bodily injury which creates a

24

substantial risk of death or which causes serious, permanent

25

disfigurement or protracted loss or impairment of the function

26

of any bodily member or organ.]

27

§ 3745.1.  Accident scene clearance.

28

(a)  General rule.--Notwithstanding any other provision of

29

law to the contrary, the driver of any vehicle in an accident

30

that does not result in apparent serious bodily injury or death

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1

shall immediately remove the vehicle from the roadway to a safe

2

refuge on the shoulder, emergency lane or median or to a place

3

otherwise removed from the roadway whenever, in the judgment of

4

the driver:

5

(1)  The motor vehicle does not require towing and can be

6

normally and safely driven under its own power in its

7

customary manner without further damage or hazard to the

8

motor vehicle, traffic elements or the roadway.

9

(2)  The motor vehicle can be moved safely.

10

* * *

11

Section 4.1.  Section 4962(f) of Title 75 is amended to read:

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12

§ 4553.  General requirements for other vehicles transporting

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13

school children.

14

* * *

15

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

16

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

17

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

18

a person holding a certificate of the Pennsylvania Public

19

Utility Commission or the Interstate Commerce Commission, may be

20

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

21

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

22

[provide transportation of] transport school children to a

23

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

24

used to transport school children to or from their residences or

25

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

26

without restriction for the transportation of school children

27

with special needs as may be necessary to make reasonable

28

accommodations pursuant to the Americans with Disabilities Act

29

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

30

* * *

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1

§ 4962.  Conditions of permits and security for damages.

2

* * *

3

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

4

permitted under the following provisions shall be authorized to

5

carry or haul loads while operating under the permit:

6

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

7

issue permits).

8

Section 4965 (relating to single permits for multiple

9

highway crossings).

10

Section 4968 (relating to permit for movement during

11

course of manufacture).

12

Section 4974 (relating to permit for movement of

13

containerized cargo).

14

Section 4975 (relating to permit for movement of special

15

mobile equipment).

16

Section 4976 (relating to permit for movement of domestic

17

animal feed).

18

Section 4976.1 (relating to permit for movement of live

19

domestic animals).

20

Section 4977 (relating to permit for movement of wooden

21

structures).

22

Section 4978 (relating to permit for movement of building

23

structural components).

24

Section 4979 (relating to permit for movement of

25

particleboard or fiberboard used in the manufacture of ready-

26

to-assemble furniture).

27

Section 4979.1 (relating to permit for movement of bulk

28

refined oil).

29

Section 4979.2 (relating to permit for movement of waste

30

coal and beneficial combustion ash).

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1

Section 4979.3 (relating to permit for movement of float

2

glass or flat glass for use in construction and other end

3

uses).

4

Section 4979.4 (relating to permit for movement of self-

5

propelled cranes).

6

Section 4979.5 (relating to permit for movement of

7

nonhazardous liquid glue).

8

Section 4979.6 (relating to permit for movement of waste

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9

tires).

10

* * *

11

Section 4.2 7.  Section 4968(a) of Title 75 is amended and

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12

the section is amended by adding subsections to read:

13

§ 4968.  Permit for movement during course of manufacture.

14

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

15

authorizing movement on specified highways of boats, trailers,

16

mobile homes, modular housing units and undercarriages,

17

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

18

railway equipment and rails or other articles, vehicles or

19

combinations which exceed the maximum height, width or length

20

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

21

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

22

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

23

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

24

maximum weight specified in Subchapter C (relating to maximum

25

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

26

and under contract with or under the direct control of the

27

manufacturer, subject to the following provisions:

28

(1)  Except for articles and vehicles not exceeding 102

29

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

30

for movement of articles or vehicles while they are in

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1

transit from the manufacturer to a purchaser or dealer or for

2

the movement of articles or vehicles upon a freeway.

3

(2)  Overwidth articles and vehicles:

4

(i)  Articles and vehicles not wider than 102 inches

5

may be moved any distance on a permit.

6

(ii)  Articles and vehicles wider than 102 inches but

7

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

8

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

9

(iii)  Articles and vehicles wider than 102 inches

10

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

11

50 miles on a permit.

12

(iv)  Wider articles and vehicles may be moved no

13

farther than ten miles on a permit.

14

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

15

rolled steel coils or steel slabs may be permitted by the

16

department and local authorities to move upon highways within

17

their respective jurisdiction a distance not exceeding 50

18

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

19

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

20

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

21

upon an interstate highway.

22

(3.1)  A combination of vehicles which is hauling raw

23

milk to or from a manufacturer may be permitted by the

24

department and local authorities to move upon highways within

25

their respective jurisdiction 24 hours a day, seven days a

26

week, except during inclement weather as defined in

27

department regulations, if the gross weight does not exceed

28

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

29

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

30

type of movement upon an interstate highway.

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1

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

2

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

3

local authorities to move upon highways within their

4

respective jurisdiction a distance not exceeding 25 miles if

5

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

6

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

7

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

8

interstate highway.

9

(3.3)  A combination of vehicles which is hauling basic

10

oxygen furnace lances may be permitted by the department and

11

local authorities to move upon highways within their

12

respective jurisdictions if the overall length does not

13

exceed 90 feet. A vehicle operating under a permit authorized

14

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

15

week, if the vehicle or combination is operated at prevailing

16

speeds. Movement under this paragraph is not authorized

17

during any of the following:

18

(i)  A holiday period specified in department

19

regulations or in the permit.

20

(ii)  Inclement weather, as defined in department

21

regulations.

22

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

23

may be permitted by the department and local authorities to

24

move upon highways within their respective jurisdictions a

25

distance not exceeding 15 miles if the gross weight does not

26

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

27

exceed 27,000 pounds.

28

(3.5)  A combination of vehicles which is hauling raw

29

coal from a mine to a processing or preparation facility may

30

be permitted by the department and local authorities to move

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1

upon highways within their respective jurisdictions a

2

distance not exceeding 30 miles if the gross weight does not

3

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

4

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

5

for this type of movement upon an interstate highway.

6

(3.6)  A combination of vehicles which is hauling raw

7

water from a spring to a bottling facility may be permitted

8

by the department and local authorities to move upon

9

specified highways within their respective jurisdictions

10

subject to the following conditions:

11

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

12

three axle truck tractor.

13

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

14

pounds.

15

(iii)  Maximum weight on steering axles shall be

16

11,000 pounds.

17

(iv)  Maximum weight on the truck-tractor tandem

18

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

19

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

20

(v)  Maximum weight on the semitrailer tridem (axles

21

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

22

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

23

(vi)  Minimum spacing between axle one and axle two

24

shall be 12 feet 11 inches.

25

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

26

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

27

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

28

26 feet 7 inches.

29

(viii)  Minimum spacing between tandem and tridem

30

axles shall be 4 feet 1 inch.

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1

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

2

interstate highway.

3

(3.7)  A combination of vehicles which is hauling

4

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

5

may be permitted by the department and local authorities to

6

move upon specified highways within their respective

7

jurisdictions subject to the following conditions:

8

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

9

three axle truck tractor meeting the following

10

characteristics:

11

(A)  Gross vehicular weight must not exceed

12

95,000 pounds.

13

(B)  Maximum weight on steering axles shall be

14

11,000 pounds.

15

(C)  Maximum weight on the truck-trailer tandem

16

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

17

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

18

(D)  Maximum weight on the semitrailer tridem

19

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

20

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

21

(E)  Minimum spacing between axle one and axle

22

two shall be 12 feet 6 inches.

23

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

24

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

25

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

26

a minimum of 28 feet 0 inch.

27

(G)  Minimum spacing between tandem and tridem

28

axles shall be 4 feet 0 inch.

29

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

30

three axle truck tractor meeting the following

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1

characteristics:

2

(A)  Gross vehicular weight must not exceed

3

107,000 pounds.

4

(B)  Maximum weight on steering axles shall be

5

12,000 pounds.

6

(C)  Maximum weight on the truck-tractor tandem

7

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

8

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

9

(D)  Maximum weight on the semitrailer tridem

10

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

11

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

12

group.

13

(E)  Minimum spacing between axle one and axle

14

two shall be 12 feet 6 inches.

15

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

16

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

17

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

18

a minimum of 45 feet 0 inch.

19

(G)  Minimum spacing between tandem and tridem

20

axles shall be 4 feet 0 inch.

21

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

22

interstate highway.

23

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

24

preserve the safety of highway users or to protect the

25

structural integrity of highways or bridges or as otherwise

26

authorized by department regulations.]

27

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

28

authorizing movement on specified highways of:

29

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

30

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

- 17 -

 


1

oxygen furnace lances, railway equipment and rails or other

2

articles, vehicles or combinations which exceed the maximum

3

height, width or length specified in Subchapter B (relating

4

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

5

manufacture and under contract with or under the direct

6

control of the manufacturer, provided that they do not exceed

7

the maximum weight specified in Subchapter C (relating to

8

maximum weights of vehicles) unless they also qualify under

9

paragraph (3);

10

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

11

of manufacture and under contract with or under the direct

12

control of the manufacturer; or

13

(3)  aircraft refueling vehicles or vehicles and

14

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

15

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

16

chips or raw water which exceed the maximum weight specified

17

in Subchapter C while they are in the course of manufacture

18

and under contract with or under the direct control of the

19

manufacturer, provided that they do not exceed the maximum

20

height, width or length specified in Subchapter B unless they

21

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

22

in subsection (a.2).

23

(a.2)  Specifications.--

24

(1)  Except for articles and vehicles not exceeding 102

25

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

26

for movement of articles or vehicles while they are in

27

transit from the manufacturer to a purchaser or dealer or for

28

the movement of articles or vehicles upon a freeway.

29

(2)  Overwidth articles and vehicles:

30

(i)  Articles and vehicles not wider than 102 inches

- 18 -

 


1

may be moved any distance on a permit.

2

(ii)  Articles and vehicles wider than 102 inches but

3

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

4

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

5

(iii)  Articles and vehicles wider than 102 inches

6

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

7

50 miles on a permit.

8

(iv)  Wider articles and vehicles may be moved no

9

farther than ten miles on a permit.

10

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

11

rolled steel coils or steel slabs may be permitted by the

12

department and local authorities to move upon highways within

13

their respective jurisdictions a distance not exceeding 50

14

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

15

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

16

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

17

upon an interstate highway.

18

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

19

to or from a manufacturer may be permitted by the department

20

and local authorities to move upon highways within their

21

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

22

except during inclement weather as defined in department

23

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

24

pounds and if the weight of any nonsteering axle does not

25

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

26

of movement upon an interstate highway.

27

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

28

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

29

local authorities to move upon highways within their

30

respective jurisdictions a distance not exceeding 25 miles if

- 19 -

 


1

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

2

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

3

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

4

interstate highway.

5

(6)  A combination of vehicles which is hauling basic

6

oxygen furnace lances may be permitted by the department and

7

local authorities to move upon highways within their

8

respective jurisdictions if the overall length does not

9

exceed 90 feet. A vehicle operating under a permit authorized

10

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

11

week, if the vehicle or combination is operated at prevailing

12

speeds. Movement under this paragraph is not authorized

13

during any of the following:

14

(i)  A holiday period specified in department

15

regulations or in the permit.

16

(ii)  Inclement weather, as defined in department

17

regulations.

18

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

19

may be permitted by the department and local authorities to

20

move upon highways within their respective jurisdictions a

21

distance not exceeding 15 miles if the gross weight does not

22

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

23

exceed 27,000 pounds.

24

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

25

from a mine to a processing or preparation facility may be

26

permitted by the department and local authorities to move

27

upon highways within their respective jurisdictions a

28

distance not exceeding 30 miles if the gross weight does not

29

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

30

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

- 20 -

 


1

for this type of movement upon an interstate highway.

2

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

3

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

4

department and local authorities to move upon specified

5

highways within their respective jurisdictions subject to the

6

following conditions:

7

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

8

three axle truck tractor.

9

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

10

pounds.

11

(iii)  Maximum weight on steering axles shall be

12

11,000 pounds.

13

(iv)  Maximum weight on the truck-tractor tandem

14

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

15

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

16

(v)  Maximum weight on the semitrailer tridem (axles

17

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

18

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

19

(vi)  Minimum spacing between axle one and axle two

20

shall be 12 feet 11 inches.

21

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

22

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

23

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

24

of 26 feet 7 inches.

25

(viii)  Minimum spacing between tandem and tridem

26

axles shall be 4 feet 1 inch.

27

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

28

interstate highway.

29

(10)  A combination of vehicles which is hauling pulpwood

30

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

- 21 -

 


1

permitted by the department and local authorities to move

2

upon specified highways within their respective jurisdictions

3

subject to the following conditions:

4

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

5

three axle truck tractor meeting the following

6

characteristics:

7

(A)  Gross vehicular weight must not exceed

8

95,000 pounds.

9

(B)  Maximum weight on steering axles shall be

10

11,000 pounds.

11

(C)  Maximum weight on the truck-trailer tandem

12

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

13

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

14

(D)  Maximum weight on the semitrailer tridem

15

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

16

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

17

(E)  Minimum spacing between axle one and axle

18

two shall be 12 feet 6 inches.

19

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

20

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

21

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

22

a minimum of 28 feet 0 inch.

23

(G)  Minimum spacing between tandem and tridem

24

axles shall be 4 feet 0 inch.

25

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

26

three axle truck tractor meeting the following

27

characteristics:

28

(A)  Gross vehicular weight must not exceed

29

107,000 pounds.

30

(B)  Maximum weight on steering axles shall be

- 22 -

 


1

12,000 pounds.

2

(C)  Maximum weight on the truck-tractor tandem

3

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

4

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

5

(D)  Maximum weight on the semitrailer tridem

6

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

7

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

8

group.

9

(E)  Minimum spacing between axle one and axle

10

two shall be 12 feet 6 inches.

11

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

12

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

13

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

14

a minimum of 45 feet 0 inch.

15

(G)  Minimum spacing between tandem and tridem

16

axles shall be 4 feet 0 inch.

17

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

18

interstate highway.

19

(11)  An aircraft refueling vehicle manufactured for the

20

United States Department of Defense which is being road

21

tested and carrying a load required under contract with the

22

Department of Defense as part of the road test procedure may

23

be permitted by the department and local authorities to move

24

upon highways within their respective jurisdictions a

25

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

26

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

27

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

28

issued for this type of movement upon an interstate highway.

29

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

30

preserve the safety of highway users or to protect the

- 23 -

 


1

structural integrity of highways or bridges or as otherwise

2

authorized by department regulations.

3

* * *

4

Section 4.3 8.  Section 4979.1 of Title 75 is amended to

<--

5

read:

6

§ 4979.1.  Permit for movement of bulk refined oil.

7

An annual permit may be issued authorizing the movement on

8

specified highways of refined oil in bulk between a refinery and

9

a distribution facility which exceeds the maximum vehicle gross

10

weight specified in Subchapter C (relating to maximum weights of

11

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

12

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

13

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

14

weight and shall have the following maximum axle weight limits

15

for all nonsteering axles:

16

Single axle

21,000 pounds

17

Tandem axles

42,000 pounds

18

Tridem axles

53,000 pounds

19

Quad axles

63,000 pounds

20

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

21

interstate highway.

22

Section 4.4 9.  Title 75 is amended by adding sections to

<--

23

read:

24

§ 4979.5.  Permit for movement of nonhazardous liquid glue.

25

An annual permit may be issued authorizing the movement on

26

specified highways of nonhazardous liquid glue in bulk between a

27

chemical plant and a particleboard or fiberboard manufacturing

28

facility which exceeds the maximum vehicle gross weight

29

specified in Subchapter C (relating to maximum weights of

30

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

- 24 -

 


1

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

2

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

3

and shall have the following maximum axle weight limits for all

4

nonsteering axles:

5

Single axle

21,000 pounds

6

Tandem axles

42,000 pounds

7

Tridem axles

53,000 pounds

8

Quad axles

63,000 pounds

9

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

10

interstate highway.

11

§ 4979.6.  Permit for movement of waste tires.

12

An annual permit may be issued for the movement on specified

13

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

14

from a refuse pile to a preparation or power production facility

15

which exceeds the maximum vehicle gross weight specified in

16

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

17

weight of any vehicle permitted under this section may not

18

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

19

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

20

issued for this type of movement upon an interstate highway.

21

Section 4.5.  Section 6103(c) of Title 75 is amended to read:

<--

22

§ 6103.  Promulgation of rules and regulations by department.

23

* * *

24

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

25

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

26

reference any Federal statute, regulation, standard or criteria

27

or provision thereof relating to vehicles or drivers, including,

28

but not limited to, minimum driver qualifications, maximum hours

29

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

30

equipment, records and inspection.

- 25 -

 


1

(1)  The department shall be authorized to extend the

2

coverage of any Federal statute, regulation, standard or

3

criteria adopted under this subsection to vehicles and

4

drivers operating only in intrastate commerce, except as

5

follows:

6

(ii)  No Federal statute, regulation, standard or

7

criteria pertaining to drivers, including, but not

8

limited to, minimum driver qualifications, maximum hours

9

of service or driver records, shall be extended to cover

10

farm trucks, except farm trucks carrying hazardous

11

materials in an amount and type which require the vehicle

12

to be placarded under Chapter 83 (relating to hazardous

13

materials transportation).

14

(2)  The regulations promulgated by the department under

15

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

16

extent possible, be consistent with safety and correspond to

17

Federal regulations, standards or criteria.

18

(3)  The department shall promulgate regulations adopting

19

by reference all exemptions permitted for farm vehicles,

20

tractors and other implements of husbandry, and for drivers

21

of farm vehicles, tractors and other implements of husbandry

22

under any Federal statute, regulation, standard or criteria

23

or provision thereof.

24

* * *

25

Section 4.6.  The provisions of 67 Pa. Code Ch. 231 are

26

abrogated with respect to vehicles for which drivers for whom

27

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

28

(3).

29

Section 10.  Sections 4981(e) and 6103(c) of Title 75 are

<--

30

amended to read:

- 26 -

 


1

§ 4981.  Weighing and measurement of vehicles.

2

* * *

3

(e)  Certification of accuracy of portable scales.--

4

(1)  Portable scales shall be calibrated [every 90 days]  

5

for the purpose of certification of accuracy by the

6

Department of General Services. A certificate from the

7

Department of General Services showing that portable scales

8

were calibrated and found to be accurate shall be competent

9

and prima facie evidence of those facts in every proceeding

10

in which a violation of this chapter is charged.

11

(2)  Portable scales shall be calibrated as follows:

12

(i)  Annually.

13

(ii)  Following any event that could affect the

14

accuracy of the portable scale or following repairs or

15

failures. If a portable scale is calibrated under this

16

subparagraph, the portable scale shall not need to be

17

calibrated for a period of one year.

18

* * *

19

§ 6103.  Promulgation of rules and regulations by department.

20

* * *

21

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

22

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

23

reference any Federal statute, regulation, standard or criteria

24

or provision thereof relating to vehicles or drivers, including,

25

but not limited to, minimum driver qualifications, maximum hours

26

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

27

equipment, records and inspection.

28

(1)  The department shall be authorized to extend the

29

coverage of any Federal statute, regulation, standard or

30

criteria adopted under this subsection to vehicles and

- 27 -

 


1

drivers operating only in intrastate commerce, except as

2

follows:

3

[(ii)  No Federal statute, regulation, standard or

4

criteria pertaining to drivers, including, but not

5

limited to, minimum driver qualifications, maximum hours

6

of service or driver records, shall be extended to cover

7

farm trucks, except farm trucks carrying hazardous

8

materials in an amount and type which require the vehicle

9

to be placarded under Chapter 83 (relating to hazardous

10

materials transportation).]

11

(iii)  No Federal statute, regulation, standard or

12

criteria shall be extended to cover farm tractors or

13

drivers of farm tractors, regardless of whether the farm

14

tractor is operated as a combination.

15

(iv)  No Federal statute, regulation, standard or

16

criteria shall be extended to cover implements of

17

husbandry other than farm tractors, farm vehicles or

18

drivers of these vehicles, regardless of whether the

19

vehicle is operated as a combination, provided that:

20

(A)  the vehicle's or combination's gross weight,

21

gross vehicle weight rating or gross combination

22

weight rating do not equal or exceed 26,001 pounds;

23

(B)  the vehicle or combination is not carrying

24

hazardous materials in an amount that requires the

25

towing or towed vehicle to be placarded under Chapter

26

83 (relating to hazardous materials transportation);

27

and

28

(C)  the vehicle or combination is not designated

29

or used to transport 16 or more people, including the

30

driver.

- 28 -

 


1

(v)  For purposes of this paragraph, the term "farm

2

tractors" includes tractors designed for off-road

3

agricultural use, combines, crop pickers, crop and forage

4

harvesters, threshers, plows, tillers, planters, seeders,

5

field sprayers, forage cutters, balers and similar

6

vehicles that are infrequently operated or moved upon

7

highways and that are used by a farmer in agricultural

8

production.

9

(2)  The regulations promulgated by the department under

10

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

11

extent possible, be consistent with safety and correspond to

12

Federal regulations, standards or criteria.

13

(3)  The regulations promulgated by the department under

14

paragraph (1) shall not cause the forfeiture or withholding

15

of Federal funding. If a regulation promulgated under

16

paragraph (1) results in a forfeiture or withholding of

17

Federal funding the regulation shall be void and the

18

department shall publish notice of the voided regulation in

19

the Pennsylvania Bulletin.

20

* * *

21

Section 5 11.  This act shall take effect as follows:

<--

22

(1)  This section shall take effect immediately.

23

(2)  The addition of 75 Pa.C.S. § 1794.1 shall take

<--

24

effect in 30 days.

25

(3) (2)  The amendment of 75 Pa.C.S. § 6103(c) § 4981(e)  

<--

26

shall take effect immediately in 90 days.

<--

27

(3) (4) (3)  The remainder of this act shall take effect

<--

28

in 60 days.

- 29 -