THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HICKERNELL, M. K. KELLER, GEIST, AUMENT, BEAR, BOBACK, BOYD, BROOKS, D. COSTA, CREIGHTON, CUTLER, DENLINGER, FLECK, GINGRICH, GRELL, GROVE, HARRIS, HESS, KAUFFMAN, KNOWLES, MAJOR, MARSHALL, MILLARD, MILLER, MURT, PICKETT, ROAE, ROCK, STERN, STEVENSON, VULAKOVICH AND GIBBONS, MARCH 17, 2011

REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 17, 2011  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for definitions, for vehicles

exempt from registration, for use of farm vehicle plates, for

the definition of "commercial vehicle," for general lighting

requirements, for requirement for periodic inspection of

vehicles, for operation of vehicle without official

certificate of inspection, for securing loads in vehicles,

for safety requirements for towed vehicles and for width of

vehicles.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "commercial implement of

husbandry" in section 102 of Title 75 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

adding a definition to read:

§ 102.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

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

* * *

"Commercial implement of husbandry."  An implement of

husbandry that:

(1)  Is a self-propelled vehicle.

(2)  Is used commercially.

(3)  Is operated or moved upon highways for not more than

180 days in a calendar year.

(4)  Is not a custom farm service implement of husbandry.

The term also includes any other vehicle determined by the

department to be a commercial implement of husbandry.

* * *

"Custom farm service implement of husbandry."  Farm equipment

that meets all of the following criteria:

(1)  Is equipped with pneumatic tires except where

prohibited by religious beliefs.

(2)  Is infrequently operated or moved upon highways.

(3)  Is owned by a person who owns or operates a farm.

(4)  Is used to perform any of the following agricultural

services on farms other than farms owned or operated by the

owner of the implement, regardless of whether or not a fee is

charged for the services:

(i)  performance of agriculture production or

harvesting activities; or

(ii)  transportation of agricultural products,

agricultural waste products or agricultural supplies.

* * *

Section 2.  Section 1302(2) and (10) of Title 75 are amended

to read:

§ 1302.  Vehicles exempt from registration.

The following types of vehicles are exempt from registration:

* * *

(2)  Any implement of husbandry, [trailer or semitrailer

determined by the department to be] custom farm service

implement of husbandry and any trailer or semitrailer towed

or hauled by a farm vehicle or implement of husbandry or a

custom farm service implement of husbandry, provided that the

implement of husbandry, custom farm service implement of

husbandry, trailer or semitrailer is used exclusively for

agricultural operations and only infrequently operated upon

highways. Vehicles exempt from registration under this

paragraph shall be used exclusively upon a farm or farms

owned or operated by the owner of the vehicle or upon

highways [between] as subject to the following limitations:

[(i)  Parts of one such farm.

(ii)  Such farms located not more than 25 miles

apart.

(iii)  Such farm or farms and a place of business

located within a radius of 25 miles from such farm or

farms for the purpose of buying or selling agricultural

commodities or supplies or for delivery, repair or

servicing of the vehicle.]

(i)  For an implement of husbandry, custom farm

service implement of husbandry or for a trailer or

semitrailer being towed or hauled by an implement of

husbandry or a custom farm service implement of husbandry

between:

(A)  Parts of one such farm.

(B)  Such farms located not more than 50 miles

apart.

(C)  Such farm or farms and a place of business

located within a radius of 50 miles from such farm or

farms for the purpose of buying or selling

agricultural commodities or supplies or for delivery,

repair or servicing of the vehicle.

(D)  A farm owned or operated by the owner of a

custom farm service implement of husbandry and a farm

serviced by the owner or operator of a custom farm

service implement of husbandry located not more than

50 miles from a farm owned or operated by the owner

of the custom farm service implement of husbandry.

(E)  Farms serviced by the owner or operator of

the custom farm service implement of husbandry

located not more than 50 miles from a farm owned or

operated by the owner of the custom farm service

implement of husbandry.

(ii)  For a trailer or semitrailer being towed or

hauled by a farm vehicle exempt from registration under

paragraph (10), the areas that the towing or hauling

vehicle is authorized to be driven.

(iii)  For a trailer or semitrailer being towed or

hauled by a farm vehicle bearing farm vehicle

registration plates under section 1344 (relating to use

of farm vehicle plates) between:

(A)  Such farms located not more than 50 miles

apart.

(B)  Such farm or farms and a place of business

located within a radius of 50 miles from such farm or

farms for the purpose of buying or selling

agricultural commodities or supplies or for repairing

or servicing the vehicle.

* * *

(10)  Any farm vehicle used exclusively upon a farm or

farms owned or operated by the owner of the vehicle[.

[i)  Type I--Such a farm vehicle which does not

qualify as a motor carrier vehicle may be driven upon

highways only from sunrise to sunset. However, a farm

vehicle which qualifies as a motor carrier vehicle and

displays a currently valid certificate of inspection may

be driven upon highways without any restriction as to

time. Such a farm vehicle may only be driven on highways

between] subject to the following: 

(i)  Type A--Such a farm vehicle which does not

qualify as a motor carrier vehicle may be driven on

highways only from sunrise to sunset and between:

(A)  Parts of one such farm.

(B)  Such farms located not more than 25 miles

apart.

(C)  Such farm or farms and a place of business

located within a radius of 25 miles from such farm or

farms for the purpose of buying or selling

agricultural commodities or supplies.

(D)  Such farm or farms and a place of business

located within a radius of 50 miles from such farm or

farms for the purpose of repair or servicing of the

farm vehicle or the trailer or semitrailer being

towed or hauled by the farm vehicle.

(ii)  [Type II--] Type B--Such a farm vehicle which

does qualify as a motor carrier vehicle and which does

not display a currently valid certificate of inspection

may be driven upon highways only from sunrise to sunset

and between:

(A)  Parts of one such farm.

(B)  Such farms located not more than ten miles

apart.

(C)  Such farm or farms and a place of business

located within a radius of ten miles from such farm

or farms for the purpose of buying or selling

agricultural commodities or supplies.

(D)  Such farm or farms and a place of business

located within a radius of 25 miles from such farm or

farms for the purpose of repair or servicing of the farm

vehicle or the trailer or semitrailer being towed or

hauled by the farm vehicle.

(iii)  Type C--Such a farm vehicle which does qualify

as a motor carrier vehicle and displays a currently valid

certificate of inspection may be driven without any

restriction as to time but may only be driven on highways

between:

(A)  Parts of one such farm.

(B)  Such farms located not more than 50 miles

apart.

(C)  Such farm or farms and a place of business

located within a radius of 50 miles from such farm or

farms for the purpose of buying or selling

agricultural commodities or supplies or for repair or

servicing of the farm vehicle or the trailer or

semitrailer being towed or hauled by the farm

vehicle.

[(iii)] (iv)  A biennial certificate of exemption

shall be required for such a farm vehicle.

[(iv)] (v)  The owner of the farm vehicle shall

maintain such minimum levels of liability insurance

coverage on the vehicle as are required to be maintained

under Chapter 17 (relating to financial responsibility)

by owners of registered motor vehicles. The owner shall

satisfy the requirements of this subparagraph if the

minimum amounts of liability insurance coverage for the

farm vehicle have been provided under farm liability

insurance coverage maintained generally by the owner.

Coverage prescribed in Subchapter B of Chapter 17 shall

not be required to be maintained or provided for the farm

vehicle.

* * *

Section 3.  Section 1344 of Title 75 is amended by adding a

subsection to read:

§ 1344.  Use of farm vehicle plates.

* * *

(c)  Applicability of section 1301.--A truck or truck tractor

bearing current farm vehicle registration plates shall be deemed

to be duly registered for purposes of section 1301 (relating to

registration and certificate of title required), notwithstanding

the commission of any violation of this section.

Section 4.  The definition of "commercial motor vehicle" in

section 1603 of Title 75 is amended to read:

§ 1603.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Commercial motor vehicle."  A motor vehicle designed or used

to transport passengers or property:

(1)  if the vehicle has a gross vehicle weight rating of

26,001 or more pounds or such lesser rating as the department

shall adopt under the provisions of section 6103(c) (relating

to promulgation of rules and regulations by department), as

determined by Federal regulation and published by the

department as a notice in the Pennsylvania Bulletin;

(2)  if the vehicle is designed to transport 16 or more

passengers, including the driver;

(3)  if the vehicle is a school bus; or

(4)  if the vehicle is transporting hazardous materials

and is required to be placarded in accordance with department

regulations.

The term does not include an antique or classic motor vehicle,

[or] an implement of husbandry or a custom farm service

implement of husbandry, or any motor home or recreational

trailer operated solely for personal use, or motorized

construction equipment, including, but not limited to,

motorscrapers, backhoes, motorgraders, compactors, excavators,

tractors, trenchers and bulldozers.

* * *

Section 5.  Section 4303(e) of Title 75 is amended and the

section is amended by adding a subsection to read:

§ 4303.  General lighting requirements.

* * *

(e)  Equipment exempted [by regulation].--Antique motor

vehicles, animal-drawn vehicles, implements of husbandry, custom

farm service implements of husbandry, commercial implements of

husbandry and special mobile equipment, if operated exclusively

between the hours of sunrise and sunset and not during periods

of reduced visibility or insufficient illumination, [may be

exempted from certain lighting equipment requirements of this

part by regulations of the department] are exempted from the

lighting equipment requirements of this part.

(e.1)  Certain trailers exempt.--Trailers and semitrailers

exempt from registration under section 1302(2) (relating to

vehicles exempt from registration), if operated exclusively

between the hours of sunrise and sunset and not during periods

of reduced visibility or insufficient illumination, are exempted

from the lighting equipment requirements of this part.

* * *

Section 6.  Sections 4702(a), 4703(a), 4903(e), 4905(e) and

4921(b) of Title 75 are amended to read:

§ 4702.  Requirement for periodic inspection of vehicles.

(a)  Annual safety inspection.--Except as provided in

subsection (b), the department shall establish a system of

annual safety inspection of vehicles, including emergency

vehicles, farm vehicles with a gross weight or gross vehicle

weight rating of greater than 17,000 pounds for which a [Type I]

Type C biennial certificate of exemption has been issued and

private noncommercial vehicles used to transport students.

* * *

§ 4703.  Operation of vehicle without official certificate of

inspection.

(a)  General rule.--Except as otherwise provided in this

section, no motor vehicle required to bear current registration

plates issued by this Commonwealth and no farm vehicle with a

gross weight or gross vehicle weight rating of greater than

17,000 pounds for which a [Type I] Type C biennial certificate

of exemption has been issued shall be driven and no trailer

required to bear current registration plates issued by this

Commonwealth shall be moved on a highway and no mass transit

vehicle shall be operated unless the vehicle displays a

currently valid certificate of inspection issued under this

chapter.

* * *

§ 4903.  Securing loads in vehicles.

* * *

(e)  Exceptions.--This section does not prohibit:

(1)  the necessary spreading of any substance in highway

maintenance or construction operations; [or]

(2)  the shedding or dropping of feathers or other matter

from vehicles hauling live or slaughtered birds or

animals[.]; or

(3)  the transportation of agricultural products produced

by a farmer on highways other than freeways between farms

that the farmer owns or operates in the course of harvesting

or on-farm storage of the agricultural products if the

vehicle is not operated or moved at a speed of greater than

45 miles per hour. This paragraph applies regardless of

whether the transportation of agricultural products is

performed by the farmer or by another person who performs

custom harvesting services for the farmer.

* * *

§ 4905.  Safety requirements for towed vehicles.

* * *

(e)  Obstructed lighting equipment.--Whenever the rear

running lights, stop lights, turn signals or hazard warning

lights required by the provisions of Chapter 43 (relating to

lighting equipment) are obstructed by the load on a vehicle or

by a towed vehicle or its load, lighting equipment shall be

displayed on the rear of the towed vehicle or load equivalent to

the obstructed lights or signals, except in the case of

implements of husbandry or commercial implements of husbandry

displaying the slow-moving vehicle emblem [and] or in the case

of a farm vehicle hauling or towing a trailer or semitrailer

exempt from registration under section 1302(2) (relating to

vehicles exempt from registration), if the hauling or towing

vehicle is operating between sunrise and sunset.

* * *

§ 4921.  Width of vehicles.

* * *

(b)  Special vehicles.--

(1)  Any implement of husbandry, custom farm service

implement of husbandry or vehicle loaded with vegetable

produce or forage crops and not exceeding 11 feet in width

may be driven, hauled or towed between sunrise and sunset on

highways other than freeways.

(2)  Any implement of husbandry or custom farm service

implement of husbandry not exceeding 14 feet 6 inches in

width may be driven, hauled or towed between sunrise and

sunset on highways other than freeways:

(i)  Between parts of one farm owned or operated by

the owner of the implement of husbandry.

(ii)  Between farms owned or operated by the owner of

the implement of husbandry located not more than 50 miles

apart.

(iii)  Between:

(A)  farms; or

(B)  a farm owned or operated by a farmer and a

place of business of a mechanic or dealer in

implements of husbandry;

located not more than 150 miles away for the purpose of

buying, selling, trading, loaning and leasing,

demonstrating, repairing or servicing the implement of

husbandry.

(iv)  Between a farm owned or operated by the owner

of a custom farm service implement of husbandry and a

farm serviced by the owner or operator of a custom farm

service implement of husbandry located not more than 50

miles from a farm owned or operated by the owner of the

custom farm service implement of husbandry.

(v)  Between farms serviced by the owner or operator

of the custom farm service implement of husbandry located

not more than 50 miles from a farm owned or operated by

the owner of the custom farm service implement of

husbandry.

(2.1)  (i)  Subject to the requirements prescribed in

subparagraph (ii), any implement of husbandry or custom

farm service implement of husbandry not exceeding 14 feet

6 inches in width may be driven, hauled or towed between

sunset and sunrise on highways other than freeways:

(A)  Between parts of one farm owned or operated

by the owner of the implement of husbandry.

(B)  Between farms owned or operated by the owner

of the implement of husbandry located not more than

50 miles apart.

(C)  Between:

(I)  farms; or

(II)  a farm owned or operated by a farmer

and a place of business of a mechanic or dealer

in implements of husbandry located not more than

150 miles away for the purpose of buying,

selling, trading, lending and leasing,

demonstrating, repairing or servicing the

implement of husbandry.

(D)  Between a farm owned or operated by the

owner of a custom farm service implement of husbandry

and a farm serviced by the owner or operator of a

custom farm service implement of husbandry located

not more than 50 miles from a farm owned or operated

by the owner of the custom farm service implement of

husbandry.

(E)  Between farms serviced by the owner or

operator of the custom farm service implement of

husbandry located not more than 50 miles from a farm

owned or operated by the owner of the custom farm

service implement of husbandry.

(ii)  An implement of husbandry or custom farm

service implement of husbandry exceeding 12 feet but not

exceeding 14 feet 6 inches in width shall not be driven,

hauled or towed on any highway between sunset and sunrise

unless all of the following are met:

(A)  the implement is equipped with reflective

edgemarks that are visible from the front and the

rear;

(B)  the implement is equipped with and is

operating hazard lamps in accordance with the

regulations of the department; and

(C)  the implement is equipped with and is

operating two rotating yellow beacons, and the

implement is followed by an escort vehicle that is

equipped with and is operating hazard lamps and

displays a "wide vehicle" sign on the rear of the

vehicle.

(2.2)  (i)  Subject to the requirements prescribed in

subparagraph (ii), any implement of husbandry or custom

farm service implement of husbandry not exceeding 16 feet

in width may be driven, hauled or towed between sunrise

and sunset on highways other than freeways:

(A)  Between parts of one farm owned or operated

by the owner of the implement of husbandry.

(B)  Between farms owned or operated by the owner

of the implement of husbandry located not more than

50 miles apart.

(C)  Between:

(I)  farms; or

(II)  a farm owned or operated by a farmer

and a place of business of a mechanic or dealer

in implements of husbandry located not more than

150 miles away for the purpose of buying,

selling, trading, lending and leasing,

demonstrating, repairing or servicing the

implement of husbandry.

(D)  Between a farm owned or operated by the

owner of a custom farm service implement of husbandry

and a farm serviced by the owner or operator of a

custom farm service implement of husbandry located

not more than 50 miles from a farm owned or operated

by the owner of the custom farm service implement of

husbandry.

(E)  Between farms serviced by the owner or

operator of the custom farm service implement of

husbandry located not more than 50 miles from a farm

owned or operated by the owner of the custom farm

service implement of husbandry.

(ii)  An implement of husbandry or custom farm

service implement of husbandry exceeding 14 feet 6 inches

but not exceeding 16 feet in width shall not be driven,

hauled or towed on any highway between sunrise and sunset

unless all of the following are met:

(A)  the implement is equipped with reflective

edgemarks that are visible from the front and the

rear;

(B)  the implement is equipped with and is

operating hazard lamps in accordance with the

regulations of the department; and

(C)  the implement is equipped with and is

operating two rotating yellow beacons, and the

implement is preceded by an escort vehicle that is

equipped with and is operating hazard lamps and

displays a "wide vehicle" sign on the front of the

vehicle.

(3)  Special mobile equipment not exceeding nine feet two

inches in width may be driven, hauled or towed between

sunrise and sunset on highways other than freeways.

(4)  The department may regulate the operation of special

vehicles subject to this subsection which regulations may

prohibit the operation of special vehicles on certain days or

during certain hours.

[(5)  An implement of husbandry or vehicle used

exclusively for highly perishable crops for processing and

not exceeding 14 feet 6 inches in width may be operated on

highways other than freeways between sunset and sunrise only

during the period of May 20 to October 15. The implement or

vehicle, when used at this time, shall have two rotating

yellow beacons and vehicular hazard signal lamps operating.]

(6)  Commercial implements of husbandry not exceeding [12

feet] 14 feet 6 inches in width, including wheels and tires,

may be driven, hauled or towed between sunrise and sunset on

highways other than freeways.

* * *

Section 7.  This act shall take effect in 60 days.