PRIOR PRINTER'S NO. 1875

PRINTER'S NO.  2050

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1305

Session of

2010

  

  

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

  

  

SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, JUNE 9, 2010   

  

  

  

AN ACT

  

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Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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Statutes, in powers of department and local authorities,

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further providing for promulgation of rules and regulations

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by department.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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

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Consolidated Statutes is amended to read:

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§ 6103.  Promulgation of rules and regulations by department.

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* * *

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

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

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reference any Federal statute, regulation, standard or criteria

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or provision thereof relating to vehicles or drivers, including,

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but not limited to, minimum driver qualifications, maximum hours

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

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equipment, records and inspection.

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(1)  The department shall be authorized to extend the

 


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coverage of any Federal statute, regulation, standard or

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criteria adopted under this subsection to vehicles and

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drivers operating only in intrastate commerce, except as

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follows:

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

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criteria pertaining to drivers, including, but not

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limited to, minimum driver qualifications, maximum hours

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of service or driver records, shall be extended to cover

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farm trucks, except farm trucks carrying hazardous

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materials in an amount and type which require the vehicle

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to be placarded under Chapter 83 (relating to hazardous

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materials transportation).]

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(iii)  No Other than implements whose design and

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function would otherwise meet the definition of a truck

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or truck tractor under section 102 (relating to

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definitions), no Federal statue statute, regulation,

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standard or criteria shall be extended to cover

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implements of husbandry or drivers of implements of

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husbandry, regardless of whether the implement is

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operated as a combination.

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(iv)  No federal Federal statute, regulation,

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standard or criteria shall be extended to cover farm

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vehicles or drivers of farm vehicles, implements of

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husbandry whose design and function would otherwise meet

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the definition of a truck or truck tractor under section

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102 or drivers of these vehicles, regardless of whether

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the vehicle is operated as a combination, provided that:

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

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gross vehicle weight rating and gross combination

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weight rating do not exceed 26,000 pounds; and

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(B)  the vehicle or combination is not carrying

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hazardous materials in an amount that requires the

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towing or towed vehicle to be placarded under Chapter

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83 (relating to hazardous materials transportation).

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(2)  The regulations promulgated by the department under

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

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extent possible, be consistent with safety and correspond to

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Federal regulations, standards or criteria.

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* * *

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

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abrogated with respect to vehicles for which and drivers for

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

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from extending coverage of any Federal statue statute,

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regulation, standard or criteria.

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Section 3.  This act shall take effect immediately.

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