SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY TALLMAN, BEAR, COHEN, D. COSTA, CUTLER, DAY, DeLUCA, DONATUCCI, GILLEN, GODSHALL, GROVE, HAHN, HEFFLEY, JOSEPHS, MILLER, MOUL, MURPHY, MURT, PASHINSKI, PYLE, K. SMITH, WATSON AND DENLINGER, MAY 4, 2011

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, DECEMBER 5, 2011   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in general provisions, further providing for

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definitions; in drivers' licenses, further providing for

judicial review and for cancellation; in commercial drivers,

further providing for definitions and for requirement,

providing for certification requirements, for medical

certification and for noncompliance and further providing for

license and for disqualification; and, in State and local

administration, further providing for nonreciprocity of

operational limitations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6154 of Title 75 of the Pennsylvania

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Consolidated Statutes is amended to read:

Section 1.  The definition of "emergency vehicle" in section

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102 of Title 75 of the Pennsylvania Consolidated Statutes is

amended 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:

* * *

"Emergency vehicle."  A county emergency management vehicle,

fire department vehicle, police vehicle, sheriff vehicle,

ambulance, advanced life support squad vehicle, basic life

support squad vehicle, blood delivery vehicle, human organ

delivery vehicle, hazardous material response vehicle, armed

forces emergency vehicle, one vehicle operated by a coroner or

chief county medical examiner and one vehicle operated by a

chief deputy coroner or deputy chief county medical examiner

used for answering emergency calls, a vehicle owned by or leased

to a regional emergency medical services council that is used as

authorized by the Department of Health to respond to an actual

or potential disaster, mass casualty situation or substantial

threat to public health, any vehicle owned and operated by the

Philadelphia Parking Authority established in accordance with 53

Pa.C.S. Ch. 55 (relating to parking authorities) and used in the

enforcement of 53 Pa.C.S. Ch. 57 (relating to taxicabs and

limousines in first class cities), or any other vehicle

designated by the State Police under section 6106 (relating to

designation of emergency vehicles by Pennsylvania State Police),

or a privately owned vehicle used in answering an emergency call

when used by any of the following:

(1)  A police chief and assistant chief.

(2)  A fire chief, assistant chief and, when a fire

company has three or more fire vehicles, a second or third

assistant chief.

(3)  A fire police captain and fire police lieutenant.

(4)  An ambulance corps commander and assistant

commander.

(5)  A river rescue commander and assistant commander.

(6)  A county emergency management coordinator.

(7)  A fire marshal.

(8)  A rescue service chief and assistant chief.

* * *

Section 1.1.  Sections 1550(a), (b)(1)(ii) and (c) and

1572(a)(1)(ii) of Title 75 are amended to read:

§ 1550.  Judicial review.

(a)  General rule.--Any person who has been denied a driver's

license, whose driver's license has been canceled, whose

commercial driver's license designation has been removed or

whose operating privilege has been recalled, suspended, revoked

or disqualified by the department shall have the right to appeal

to the court vested with jurisdiction of such appeals by or

pursuant to Title 42 (relating to judiciary and judicial

procedure). The appellant shall serve a copy of the petition for

appeal, together with a copy of the notice of the action from

which the appeal has been taken, upon the department's legal

office.

(b)  Supersedeas.--

(1)  * * *

(ii)  The filing and service of a petition for appeal

from denial, recall, suspension or cancellation of a

driver's license or from removal of the commercial driver

license designation under section 1503 (relating to

persons ineligible for licensing; license issuance to

minors; junior driver's license), 1504 (relating to

classes of licenses), 1509 (relating to qualifications

for school bus driver endorsement), 1514 (relating to

expiration and renewal of drivers' licenses), 1519

(relating to determination of incompetency) [or], 1572

(relating to cancellation of driver's license) or 1609.3

(relating to noncompliance with certification

requirements) shall not act as a supersedeas unless

ordered by the court after a hearing attended by the

petitioner.

* * *

(c)  Proceedings of court.--The court shall set the matter

for hearing upon 60 days' written notice to the department and

determine whether:

(1)  the petitioner's driver's license should be denied

or canceled[,];

(2)  the petitioner's operating privilege should be

suspended, revoked or recalled; or

(3)  the petitioner's endorsement or commercial driver

license designation should be removed.

* * *

§ 1572.  Cancellation of driver's license.

(a)  General rule.--

(1)  The department may cancel any driver's license upon

determining that one of the following applies:

* * *

(ii)  The person failed to give the required or

correct information on an application or certification or

committed fraud in making the application or in obtaining

the license.

* * *

Section 2.  Section 1603 of Title 75 is amended by adding a

definition 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:

* * *

"Medical examiner."  An individual who is licensed, certified

or registered, in accordance with applicable statutes and

regulations, to perform physical examinations. The term includes

a doctor of medicine, an osteopath, a physician assistant, an

advanced practice nurse and a doctor of chiropractic.

* * *

Section 3.  Section 1606(b) of Title 75 is amended by adding

a paragraph to read:

§ 1606.  Requirement for commercial driver's license.

* * *

(b)  Exemptions.--The following persons are not required to

obtain a commercial driver's license in order to drive the

commercial motor vehicle specified:

* * *

(7)  An employee of a county emergency management

organization who is the holder of a Class C license and who

has a certificate of authorization from the head of the

county emergency management organization while operating any

emergency vehicle equipped with audible and visual signals

registered to the county or county emergency management

organization.

* * *

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

§ 1609.1.  Type of driving certification requirements.

(a)  Self-certification requirement.--An applicant for a

commercial driver learner's permit or initial commercial

driver's license must make one of the applicable self-

certifications from the following:

(1)  Nonexcepted Interstate Commerce. A certification

that the applicant:

(i)  operates or expects to operate in interstate

commerce;

(ii)  is subject to and meets the medical

qualification requirements under 49 CFR Part 391

(relating to qualifications of drivers and longer

combination vehicle (LCV) driver instructors); and

(iii)  acknowledges the requirement to obtain a

medical certificate under 49 CFR § 391.45 (relating to

persons who must be medically examined and certified).

(2)  Excepted Interstate Commerce. A certification that

the applicant operates or expects to operate in interstate

commerce but engages exclusively in transportation or

operations excepted under 49 CFR §§ 390.3(f) (relating to

general applicability), 391.2 (relating to general

exceptions), 391.68 (relating to private motor carrier of

passengers (nonbusiness)) or 398.3 (relating to

qualifications of drivers or operators) from all or parts of

the qualification requirements of 49 CFR Part 391, and is

therefore not required to obtain a medical examiner's

certificate under 49 CFR § 391.45.

(3)  Nonexcepted Intrastate Commerce. A certification

that the applicant:

(i)  operates in intrastate commerce;

(ii)  is subject to and meets the medical

qualification requirements of 67 Pa. Code Ch. 231

(relating to intrastate motor carrier safety

requirements); and

(iii)  acknowledges the requirement to obtain a

medical certificate.

(4)  Excepted Intrastate Commerce. A certification that

the applicant operates in intrastate commerce, but engages

exclusively in transportation or operations excepted from all

or parts of the driver qualification requirements in 67 Pa.

Code Ch. 231 and is not required to obtain a medical

certificate.

(b)  Existing drivers.--A holder of a commercial driver's

license shall submit to the department a self-certification of

driving which complies with subsection (a) within 30 days of

notice by the department.

§ 1609.2.  Medical certification.

(a)  Requirements.--An individual who certifies that the

individual operates or expects to operate a commercial motor

vehicle in nonexcepted interstate commerce or nonexcepted

intrastate commerce shall provide the department with an

original or photographic copy of a medical examiner's

certificate prepared by a medical examiner. The medical

examiner's certificate shall be valid for up to two years from

the date of the medical examination.

(b)  Maintaining certification.--A CDL holder who certifies

intent to operate a commercial motor vehicle in nonexcepted

interstate commerce or nonexcepted intrastate commerce shall

provide the department with an original or copy of a

subsequently issued medical examiner's certificate.

(c)  Noncompliance with medical requirements.--

(1)  This subsection applies in the following

circumstances:

(i)  Upon the expiration of a medical certification

or a medical variance issued by the Federal Motor Carrier

Safety Administration or the department.

(ii)  If the Federal Motor Carrier Safety

Administration notifies the department that a medical

variance was rescinded.

(2)  If this subsection applies, the department shall

notify a nonexcepted commercial driver that the driver is no

longer in conformance with the medical certification

requirements and that the CDL designation will be removed

from the driver's license unless the driver:

(i)  submits a current medical certificate or medical

variance; or

(ii)  changes the self-certification to driving only

in excepted interstate commerce or excepted intrastate

commerce.

§ 1609.3.  Noncompliance with certification requirements.

The department shall remove the commercial driver license

designation from the driver's license of an individual who is

not in compliance with section 1609.1 (relating to type of

driving certification requirements) or section 1609.2 (relating

to medical certification).

Section 5.  Sections 1610(b)(2), 1611(l) and 6154 of Title 75

are amended to read:

§ 1610.  Commercial driver's license.

* * *

(b)  Classifications, endorsements and restrictions.--

* * *

(2)  The following codes shall be used as required to

describe the commercial driver's license endorsements and

restrictions. Additional endorsements and restrictions may be

added by regulation for use on the commercial driver's

license:

A - Restricts the driver to driving under 49 CFR §

391.62(c) (relating to limited exemptions for

intracity zone drivers).

G - Indicates qualification under 49 CFR § 391.62(e).

H - Authorizes the driver to operate a vehicle

transporting hazardous materials.

L - Restricts the driver to vehicles not equipped

with air brakes.

N - Authorizes driving tank vehicles.

P - Authorizes driving vehicles carrying passengers.

Q - Requires the driver to wear corrective lenses.

S - Authorizes the driver to operate a school bus.

T - Authorizes driving double and triple trailers.

V - Indicates that the driver has been issued a

medical variance.

X - Represents a combination of hazardous materials

and tank vehicle endorsements.

Y - Requires the driver to wear a hearing aid.

* * *

§ 1611.  Disqualification.

* * *

(l)  Disqualification for incomplete, incorrect or fraudulent

application or certification.--The department shall disqualify

any person from driving a commercial motor vehicle for 60 days

upon canceling the person's commercial driver's license pursuant

to section 1572(a)(1)(ii) (relating to cancellation of driver's

license) involving an application or certification related to

the requirements of this chapter.

* * *

§ 6154.  Nonreciprocity of operational limitations.

(a)  General rule.--If any other state with which the

department has entered into a reciprocity agreement, including

the International Registration Plan, imposes an operational

limitation, burden or prohibition upon vehicles with a base

jurisdiction of Pennsylvania but not upon vehicles with a base

jurisdiction of the other state, the Commonwealth shall impose a

like operational limitation, burden or prohibition upon the same

class of vehicles that are operating in this Commonwealth but

based in the other state. Operational limitations shall include

the maximum weight, width, length or height of a vehicle.

(b)  Penalty.--A person who violates this section commits a

summary offense and shall, upon conviction, be sentenced to pay

a fine of not less than $500 and not more than $1,000 for each

violation.

Section 2.  This act shall take effect in 60 days.

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Section 6.  This act shall take effect as follows:

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(1)  The following provisions shall take effect in 60

days:

(i)  The amendment of the definition of "emergency

vehicle" in 75 Pa.C.S. § 102.

(ii)  The addition of 75 Pa.C.S. § 1606(b)(7).

(iii)  The amendment of 75 Pa.C.S. § 6154.

(2)  This section shall take effect immediately.

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

30, 2012.