THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BRUBAKER, SCARNATI, ROBBINS, TARTAGLIONE, FOLMER, SMUCKER, ARGALL, YAW, VOGEL, ERICKSON, D. WHITE, EICHELBERGER, WOZNIAK, ALLOWAY, COSTA, SOLOBAY, WAUGH, BOSCOLA, GREENLEAF, KASUNIC, WARD, MENSCH, BAKER, M. WHITE, BROWNE AND GORDNER, FEBRUARY 4, 2011

SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, OCTOBER 18, 2011   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in general provisions, further providing for

definitions; in registration of vehicles, further providing

for vehicles exempt from registration and for use of farm

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vehicle plates; in commercial drivers, further providing for

definitions; and in inspection of vehicles, further providing

for requirement for periodic inspection of vehicles, for

operation of vehicle without official certificate of

inspection, for securing loads in vehicles, and for width of

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vehicles and for registered gross weight.

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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 vehicle:

(i)  performance of agriculture production or

harvesting activities; or

(ii)  transportation of agricultural products or

agricultural supplies.

The term applies regardless of whether or not a fee is charged.

* * *

Section 2.  Section 1302(2), (10) and (17) of Title 75 are

amended to read:

§ 1302.  Vehicles exempt from registration.

The following types of vehicles are exempt from registration:

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(2)  Any implement of husbandry, custom farm service

implement of husbandry and any trailer or semitrailer

[determined by the department to be used exclusively for

agricultural operations and only infrequently operated upon

highways] towed or hauled by an implement of husbandry, or a

custom farm service implement of husbandry, exempt from

registration or by a farm vehicle. 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] 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.]

(iv)  For an implement of husbandry, a custom farm

service implement of husbandry or for a trailer or

semitrailer being towed or hauled by an implement of

husbandry, or custom farm service implement of husbandry,

between:

(A)  Parts of one such farm.

(B)  Such farms located not more than 50 miles

apart from the originating point.

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

located within a radius of 50 miles from such

originating farm or farms for the purpose of buying

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or selling agricultural commodities or supplies or

for delivering, repairing or servicing of the

vehicle.

(D)  Between farms serviced by the owner or

operator of the custom farm service implement of

husbandry located not more than 50 miles from the

origination point of the custom farm service

implement of husbandry.

(v)  For a trailer or semitrailer being towed or

hauled by a farm vehicle exempt from registration under

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

vehicle is authorized to be driven.

(vi)  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)  Parts of one such farm.

(B)  Such farms located not more than 50 miles

apart from the originating point.

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

located within a radius of 50 miles from such

originating farm or farms for the purpose of buying

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or selling agricultural commodities or supplies or

for delivering, repairing or servicing of the

vehicle.

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

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

subject to the following:

(i)  Type [I] A--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]

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] repairing or

servicing of the farm vehicle or the trailer or

semitrailer being towed or hauled by the farm

vehicle.

[(ii)  Type II--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.

(iii)  A biennial certificate of exemption shall be

required for such a farm vehicle.

(iv)  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.]

(v)  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 repairing or servicing of

the farm vehicle or the trailer or semitrailer being

towed or hauled by the farm vehicle.

(vi)  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 repairing

or servicing of the farm vehicle or the trailer or

semitrailer being towed or hauled by the farm

vehicle.

(vii)  A biennial certificate of exemption shall be

required for such a farm vehicle.

(viii)  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

(relating to motor vehicle liability insurance first

party benefits) shall not be required to be maintained or

provided for the farm vehicle.

* * *

(17)  Any multipurpose agricultural vehicle. Vehicles

exempt from registration under this paragraph shall be used

exclusively upon a farm or farms owned or operated by the

owner of the vehicles or upon highways between:

(i)  Parts of one such farm.

(ii)  Such farms located not more than [two] five 

miles apart.

* * *

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

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subsection to read:

§ 1344.  Use of farm vehicle plates.

* * *

(a.1)  Applicability of other provisions.--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 3.  The definition of "commercial motor vehicle" in

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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 4.  Sections 4702(a), 4703(a), 4903(e), and 4921(b)

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and 4942(c) of Title 75 are amended to read:

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§ 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]

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] 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, provided

that the vehicle is not operated or moved at a speed of

greater than 45 25 miles per hour. This paragraph applies

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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.

* * *

§ 4921.  Width of vehicles.

* * *

(b)  Special vehicles.--

(1)  Any implement of husbandry or vehicle loaded with

vegetable produce or forage crops and not exceeding [11] 12 

feet in width may be driven, hauled or towed between sunrise

and sunset on highways other than freeways.

(2)  [Any]  (i)  Subject to the requirements prescribed

in subparagraph (ii), any implement of husbandry not

exceeding [14 feet 6 inches] 16 feet in width may be

driven, hauled or towed between sunrise and sunset on

highways other than freeways:

[(i)] (A)  Between parts of one farm owned or

operated by the owner of the implement of husbandry.

[(ii)] (B)  Between farms owned or operated by

the owner of the implement of husbandry located not

more than 50 miles apart.

[(iii)] (C)  Between:

[(A)] (I)  farms; or

[(B)] (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, loaning and leasing,

demonstrating, repairing or servicing the implement

of husbandry.

(ii)  An 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, or the

implement is preceded by a pilot vehicle that is

equipped with and is operating hazard lamps, and

displays an "oversize load" sign on the front of the

vehicle.

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

subparagraph (ii), any 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 50 miles away for the

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purpose of buying, selling, trading, loaning and

leasing, demonstrating, repairing or servicing the

implement of husbandry.

(ii)  An 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, or the

implement is preceded by a pilot vehicle that is

equipped with and is operating hazard lamps, and

displays an "oversize load" sign on the front of the

vehicle.

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

subparagraph (ii), any 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 to a farm or between farms serviced

by the owner or operator of the custom farm service

implement of husbandry located not more than 50 miles

from the custom farm service implement of husbandry's

normal point of origin.

(ii)  A 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 custom farm service implement is

equipped with reflective edgemarks that are visible

from the front and the rear;

(B)  the custom farm service implement is

equipped with and is operating hazard lamps in

accordance with the regulations of the department;

and

(C)  the custom farm service implement is

equipped with and is operating two rotating yellow

beacons, or the implement is preceded by a pilot

vehicle that is equipped with and is operating hazard

lamps, and displays an "oversize load" sign on the

front of the vehicle.

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

subparagraph (ii), any 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 to a farm or between farms

serviced by the owner or operator of the custom farm

service implement of husbandry located not more than 50

miles from the custom farm service implement of

husbandry's point of origin.

(ii)  A 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 custom farm service implement is

equipped with reflective edgemarks that are visible

from the front and the rear;

(B)  the custom farm service implement is

equipped with and is operating hazard lamps in

accordance with the regulations of the department;

and

(C)  the custom farm service implement is

equipped with and is operating two rotating yellow

beacons, or the implement is preceded by a pilot

vehicle that is equipped with and is operating hazard

lamps, and displays an "oversize load" sign on the

front of the vehicle.

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

subparagraph (ii), any implement of husbandry exceeding

16 feet but not exceeding 17 feet 6 inches may be driven

or towed on highways other than freeways between sunrise

and sunset:

(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

ten 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 ten miles away for the purpose

of buying, selling, trading, loaning and leasing,

demonstrating, repairing or servicing the implement

of husbandry.

(ii)  An implement of husbandry exceeding 16 feet but

not exceeding 17 feet 6 inches 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 not driven or towed at a

speed greater than 25 miles per hour;

(B)  the implement is driven or towed by a person

who is at least 16 years of age;

(C)  the implement is equipped with reflective

edgemarks visible from the front and the rear;

(D)  the implement is equipped with and is

operating hazard lamps in accordance with the

regulations of the department;

(E)  the implement is equipped with and is

operating two rotating yellow beacons; and

(F)  the implement is preceded by a pilot vehicle

that is equipped with and is operating hazard lamps,

and displays an "oversize load" sign on the front of

the vehicle.

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

subparagraph (ii), any custom farm service implement of

husbandry exceeding 16 feet but not exceeding 17 feet 6

inches may be driven or towed between sunset and sunrise

on highways other than freeways to a farm or between

farms serviced by the owner or operator of the custom

farm service implement of husbandry located not more than

ten miles from the custom farm service implement of

husbandry's normal point of origin.

(ii)  A custom farm service implement of husbandry

exceeding 16 feet but not exceeding 17 feet 6 inches in

width shall not be driven or towed on any highway between

sunrise and sunset unless all of the following are met:

(A)  the custom farm service implement is not

driven or towed at a speed greater than 25 miles per

hour;

(B)  the custom farm service implement is driven

or towed by a person who is at least 16 years of age;

(C)  the custom farm service implement is

equipped with reflective edgemarks visible from the

front and the rear;

(D)  the custom farm service implement is

equipped with and is operating hazard lamps in

accordance with the regulations of the department;

(E)  the custom farm service implement is

equipped with and is operating two rotating yellow

beacons; and

(F)  the implement is preceded by a pilot vehicle

that is equipped with and is operating hazard lamps,

and displays an "oversize load" 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.]

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§ 4942.  Registered gross weight.

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* * *

(c)  Combination.--No combination containing a trailer having

a [gross weight or] registered gross weight in excess of 10,000

pounds or gross weight in excess of 12,000 pounds shall be

operated with a gross weight in excess of the registered gross

weight of the truck or truck tractor for a combination.

Section 6 5.  This act shall take effect in 60 days.

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