THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY, BRUBAKER, SCARNATI, GORDNER, ALLOWAY, VOGEL, ROBBINS, GREENLEAF, TARTAGLIONE, PIPPY, ORIE, BAKER, ARGALL, FOLMER, SMUCKER, PICCOLA, WARD, WOZNIAK, CORMAN, YAW, WAUGH, BOSCOLA AND MENSCH, APRIL 20, 2010

REFERRED TO TRANSPORTATION, APRIL 20, 2010  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in powers of department and local authorities,

further providing for promulgation of rules and regulations

by department.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6103(c) of Title 75 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 6103.  Promulgation of rules and regulations by department.

* * *

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

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

reference any Federal statute, regulation, standard or criteria

or provision thereof relating to vehicles or drivers, including,

but not limited to, minimum driver qualifications, maximum hours

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

equipment, records and inspection.

(1)  The department shall be authorized to extend the

coverage of any Federal statute, regulation, standard or

criteria adopted under this subsection to vehicles and

drivers operating only in intrastate commerce, except as

follows:

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

criteria pertaining to drivers, including, but not

limited to, minimum driver qualifications, maximum hours

of service or driver records, shall be extended to cover

farm trucks, except farm trucks carrying hazardous

materials in an amount and type which require the vehicle

to be placarded under Chapter 83 (relating to hazardous

materials transportation).]

(iii)  No Federal statue, regulation, standard or

criteria shall be extended to cover implements of

husbandry or drivers of implements of husbandry,

regardless of whether the implement is operated as a

combination.

(iv)  No federal statute, regulation, standard or

criteria shall be extended to cover farm vehicles or

drivers of farm vehicles, regardless of whether the

vehicle is operated as a combination, provided that:

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

gross vehicle weight rating and gross combination

weight rating do not exceed 26,000 pounds; and

(B)  the vehicle or combination is not carrying

hazardous materials in an amount that requires the

towing or towed vehicle to be placarded under Chapter

83 (relating to hazardous materials transportation).

(2)  The regulations promulgated by the department under

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

extent possible, be consistent with safety and correspond to

Federal regulations, standards or criteria.

* * *

Section 2.  The provisions of 67 Pa. Code Ch. 231 are

abrogated with respect to vehicles for which and drivers for

whom the department is prohibited under 75 Pa.C.S. § 6103(c)(1)

from extending coverage of any Federal statue, regulation,

standard or criteria.

Section 3.  This act shall take effect immediately.