PRIOR PRINTER'S NO. 3535

PRINTER'S NO.  3579

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2374

Session of

2012

  

  

INTRODUCED BY MARSHALL, GEIST, MAHER, BAKER, BEAR, BOBACK, BROOKS, COX, CUTLER, EVANKOVICH, J. EVANS, EVERETT, FLECK, GIBBONS, GILLEN, GINGRICH, GODSHALL, GRELL, HARRIS, HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, F. KELLER, LAWRENCE, LONGIETTI, MICOZZIE, MILLARD, MILLER, MOUL, OBERLANDER, QUINN, REED, SAYLOR, SIMMONS, STEVENSON, SWANGER, TOOHIL, VULAKOVICH, WATSON, STERN, KNOWLES, PICKETT AND DENLINGER, MAY 16, 2012

  

  

AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 22, 2012   

  

  

  

AN ACT

  

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Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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Statutes, in general provisions, further providing for

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definitions; in registration of vehicles, further providing

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for vehicles exempt from registration; in fees, further

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providing for farm vehicles; and, in inspection of vehicles,

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further providing for requirement for periodic inspection of

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vehicles and for operation of vehicle without official

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certificate of inspection.

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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.  The definition of "commercial implement of

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husbandry" in section 102 of Title 75 of the Pennsylvania

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Consolidated Statutes is amended to read:

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§ 102.  Definitions.

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Subject to additional definitions contained in subsequent

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provisions of this title which are applicable to specific

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provisions of this title, the following words and phrases when

 


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used in this title shall have, unless the context clearly

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

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* * *

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"Commercial implement of husbandry."  An implement of

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husbandry that:

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(1)  Is a self-propelled vehicle.

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(2)  Is used [commercially] exclusively to perform

<--

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agricultural production or harvesting activities exclusively

<--

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on farms other than farms owned or operated by the owner of

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the implement of husbandry.

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

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than 180 days in a calendar year.]

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The term also includes any other vehicle determined by the

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department to be a commercial implement of husbandry.

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* * *

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

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and the section is amended by adding paragraphs to read:

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§ 1302.  Vehicles exempt from registration.

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The following types of vehicles are exempt from registration:

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* * *

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

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determined by the department to be used exclusively for

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agricultural operations and only infrequently operated upon

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highways. Vehicles exempt from registration under this

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paragraph shall be used exclusively upon a farm or farms

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owned or operated by the owner of the vehicle or upon

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highways between:

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(i)  Parts of one such farm.

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(ii)  Such farms located not more than 25 miles

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apart.

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

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located within a radius of 25 miles from such farm or

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farms for the purpose of buying or selling agricultural

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commodities or supplies or for delivery, repair or

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servicing of the vehicle.]

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(2.1)  Any implement of husbandry, other than a

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commercial implement of husbandry, used exclusively for

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agricultural operations. Vehicles are exempt from

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registration under this paragraph when operated within 50

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miles of the farm or farms owned or operated by the vehicle

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owner.

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(2.2)  Any implement of husbandry, trailer or semitrailer

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used exclusively for agricultural operations when being towed

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or hauled by an implement of husbandry or farm vehicle within

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50 miles of the farm or farms owned or operated by the owner

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of the towed or hauled vehicle.

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* * *

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

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

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

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qualify as a motor carrier vehicle may be driven upon

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highways only from sunrise to sunset. However, a farm

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vehicle which qualifies as a motor carrier vehicle and

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displays a currently valid certificate of inspection may

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be driven upon highways without any restriction as to

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

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between:

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(A)  Parts of one such farm.

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(B)  Such farms located not more than 25 miles

30

apart.

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

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located within a radius of 25 miles from such farm or

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farms for the purpose of buying or selling

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agricultural commodities or supplies.

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

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located within a radius of 50 miles from such farm or

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farms for the purpose of repair or servicing of the

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farm vehicle.

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(ii)  Type II--Such a farm vehicle which does qualify

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as a motor carrier vehicle and which does not display a

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currently valid certificate of inspection may be driven

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upon highways only from sunrise to sunset and between:

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(A)  Parts of one such farm.

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(B)  Such farms located not more than ten miles

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apart.

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

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located within a radius of ten miles from such farm

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or farms for the purpose of buying or selling

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agricultural commodities or supplies.

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

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located within a radius of 25 miles from such farm or

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farms for the purpose of repair or servicing of the

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farm vehicle.], subject to the following:

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(i.1)  Type A--Such a farm vehicle with a gross

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vehicle weight rating not exceeding 10,000 pounds may be

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driven upon highways only from sunrise to sunset and

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between:

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(A)  Parts of one such farm.

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(B)  Such farms located not more than 50 miles

30

apart.

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

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located within a radius of 50 miles from such farm or

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farms for the purpose of buying or selling

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agricultural commodities or supplies.

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

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located within a radius of 50 miles from such farm or

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farms for the purpose of repairing or servicing of

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the farm vehicle or the trailer or semitrailer being

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towed or hauled by the farm vehicle.

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(i.2)  Type B--Such a farm vehicle with a gross

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vehicle weight rating of greater than 10,000 pounds and

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not exceeding 17,000 pounds may be driven upon highways

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only from sunrise to sunset and between:

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(A)  Parts of one such farm.

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(B)  Such farms located not more than 25 miles

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apart.

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

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located within a radius of 25 miles from such farm or

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farms for the purpose of buying or selling

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agricultural commodities or supplies.

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

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located within a radius of 50 miles from such farm or

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farms for the purpose of repairing or servicing of

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the farm vehicle or the trailer or semitrailer being

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towed or hauled by the farm vehicle.

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(i.3)  Type C--Such a farm vehicle which does qualify

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as a motor carrier vehicle and which does not display a

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currently valid certificate of inspection may be driven

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upon highways only from sunrise to sunset and between:

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(A)  Parts of one such farm.

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(B)  Such farms located not more than ten miles

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apart.

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

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located within a radius of ten miles from such farm

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or farms for the purpose of buying or selling

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agricultural commodities or supplies.

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

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located within a radius of 25 miles from such farm or

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farms for the purpose of repairing or servicing of

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the farm vehicle or the trailer or semitrailer being

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towed or hauled by the farm vehicle.

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(i.4)  Type D--Such a farm vehicle which does qualify

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as a motor carrier vehicle and displays a currently valid

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certificate of inspection may be driven without any

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restriction as to time but may only be driven on highways

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between:

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(A)  Parts of one such farm.

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(B)  Such farms located not more than 50 miles

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apart.

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

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located within a radius of 50 miles from such farm or

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farms for the purpose of buying or selling

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agricultural commodities or supplies or for repairing

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or servicing of the farm vehicle or the trailer or

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semitrailer being towed or hauled by the farm

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vehicle.

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(iii)  A biennial certificate of exemption shall be

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required for [such] a farm vehicle exempt under this

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paragraph.

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(iv)  The owner of the farm vehicle shall maintain

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such minimum levels of liability insurance coverage on

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the vehicle as are required to be maintained under

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Chapter 17 (relating to financial responsibility) by

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owners of registered motor vehicles. The owner shall

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satisfy the requirements of this subparagraph if the

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minimum amounts of liability insurance coverage for the

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farm vehicle have been provided under farm liability

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insurance coverage maintained generally by the owner.

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Coverage prescribed in Subchapter B of Chapter 17 shall

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not be required to be maintained or provided for the farm

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vehicle.

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* * *

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Section 3.  Sections 1924(b), 4702(a) and 4703(a) of Title 75

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are amended to read:

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§ 1924.  Farm vehicles.

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* * *

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(b)  Certificate of exemption.--The biennial processing fee

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for a certificate of exemption issued in lieu of registration of

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a farm vehicle shall be determined by the type of certificate

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issued and the gross weight or combination weight or weight

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rating according to the following table:

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Certificate type

Weight in pounds

Fee

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Type [I] A

[17,000] 10,000 or less

$24

24

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Type B

  

greater than 10,000 and not exceeding 17,000

 24

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Type [II] C

greater than 17,000

 50

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Type [I] D

greater than 17,000

100

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§ 4702.  Requirement for periodic inspection of vehicles.

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

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

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annual safety inspection of vehicles, including emergency

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vehicles, farm vehicles with a gross weight or gross vehicle

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

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D biennial certificate of exemption has been issued and private

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noncommercial vehicles used to transport students.

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* * *

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§ 4703.  Operation of vehicle without official certificate of

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inspection.

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

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section, no motor vehicle required to bear current registration

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plates issued by this Commonwealth and no farm vehicle with a

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gross weight or gross vehicle weight rating of greater than

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

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exemption has been issued shall be driven and no trailer

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required to bear current registration plates issued by this

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Commonwealth shall be moved on a highway and no mass transit

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vehicle shall be operated unless the vehicle displays a

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currently valid certificate of inspection issued under this

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chapter.

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* * *

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Section 4.  This act shall take effect in 60 days.

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