AN ACT

 

1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, <-in general provisions, further providing for 
3definitions; in certificate of title and security interests, 
4further providing for transfer of ownership of vehicles used 
5for human habitation; in commercial drivers, further 
6providing for definitions, and providing for texting while 
7driving and for handheld mobile telephone; <-in miscellaneous 
8provisions, further providing for accidents involving death 
9or personal injury; <-and, in size, weight and load, further
10providing for length of vehicles<-, for conditions of permits 
11and security for damages and for permits for movement of a 
12mobile home or a modular housing unit and modular housing 
13undercarriage<-; and making an editorial change.

14The General Assembly of the Commonwealth of Pennsylvania
15hereby enacts as follows:

<-16Section 1. Section 4923(a) of Title 75 of the Pennsylvania
17Consolidated Statutes is amended to read:

<-18Section 1. Sections 3742(b) and 4923(a) of Title 75 of the 
19Pennsylvania Consolidated Statutes are amended to read:

<-20Section 1. Section 102 of Title 75 of the Pennsylvania
21Consolidated Statutes is amended by adding a definition to read:

22§ 102. Definitions.

1Subject to additional definitions contained in subsequent
2provisions of this title which are applicable to specific
3provisions of this title, the following words and phrases when
4used in this title shall have, unless the context clearly
5indicates otherwise, the meanings given to them in this section:

6* * *

7"Manufactured home." A manufactured home as defined in
8section 603(6) of the National Manufactured Housing Construction
9and Safety Standards Act of 1974 (Public Law 93-383, 42 U.S.C.
10§ 5402(6)). The term includes a mobile home.

11* * *

12Section 2. Section 1111.1(a) of Title 75 of the Pennsylvania
13Consolidated Statutes, added April 18, 2014 (P.L.430, No.36), is
14amended to read:

15§ 1111.1. Transfer of ownership of vehicles used for human
16habitation.

17(a) Tax status certification.--If a mobile home or 
18manufactured home that has been anchored to the ground to 
19facilitate connections with electricity, water and sewerage, and 
20previously titled to a person using the mobile home or 
21manufactured home as a residence, is offered for sale or 
22transfer, the transferor shall obtain a tax status certification 
23from the tax claim bureau of the county in which the mobile home 
24or manufactured home is situated showing the real estate taxes 
25due on the mobile home or manufactured home, as shown by the 
26bureau's records as of the date of the certification. The tax 
27status certification shall be provided to the transferee and the 
28department in conjunction with the transfer of the mobile home 
29or manufactured home and shall include the following:

30(1) The parcel number assigned to the vehicle.

1(2) The amount of current or delinquent taxes owed from
2the parcel number.

3(3) The date upon which a tax for the parcel number will
4accrue and the taxing period that the tax will cover.

5(4) The addresses and telephone numbers of the tax
6collection authority and tax claim bureau or equivalent
7office.

8* * *

9Section 3. Paragraph (4) of the definition of "serious 
10traffic violation" in section 1603 of Title 75 is amended to 
11read:

12§ 1603. Definitions.

13The following words and phrases when used in this chapter
14shall have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16* * *

17"Serious traffic violation."

18* * *

19(4) Any violation of section 1606(a) (relating to
20requirement for commercial driver's license), 1621(a) 
21(relating to texting while driving), 1622(a) (relating to 
22handheld mobile telephone), 3305 (relating to limitations on
23overtaking on left), 3306 (relating to limitations on driving
24on left side of roadway), 3307 (relating to no-passing
25zones), 3309(1), (2) or (4) (relating to driving on roadways
26laned for traffic), 3310 (relating to following too closely),
273326 (relating to duty of driver in construction and
28maintenance areas or on highway safety corridors) or 3365(c)
29(relating to special speed limitations).

30* * *

1Section 4. Title 75 is amended by adding sections to read:

2§ 1621. Texting while driving.

3(a) Prohibition.--Except as provided under subsection (c), a
4driver may not engage in texting while driving a commercial
5motor vehicle or motor carrier vehicle.

6(b) Employer.--Except as provided under subsection (c), an
7employer may not permit or require a driver of the employer to
8engage in texting while driving a commercial motor vehicle or
9motor carrier vehicle.

10(c) Emergency use exception.--Texting while driving shall be
11permissible by a driver of a commercial motor vehicle or motor
12carrier vehicle if necessary to communicate with a law
13enforcement official or other emergency service.

14(d) Penalties.--

15(1) A person who violates subsection (a) commits a
16summary offense and shall, upon conviction, be sentenced to
17pay a fine of $100.

18(2) A person who violates subsection (b) commits a
19summary offense and shall, upon conviction, be sentenced to
20pay a fine of $500.

21(e) Definitions.--As used in this section, the following
22words and phrases shall have the meanings given to them in this
23subsection:

24"Driving." Operating a commercial motor vehicle or motor
25carrier vehicle on a highway, with the motor running, including
26while the commercial motor vehicle or motor carrier vehicle is
27temporarily stationary because of traffic, a traffic control
28device or other momentary delay. The term does not include
29operating a commercial motor vehicle or motor carrier vehicle
30with or without the motor running if the driver moved the

1vehicle to the side of or off of a highway and halted in a
2location where the vehicle can safely remain stationary.

3"Electronic device." An electronic device includes, but is
4not limited to, a cellular telephone, personal digital
5assistant, pager, computer or any other device used to input,
6write, send, receive or read text.

7"Texting." Manually entering alphanumeric text into, or
8reading text from, an electronic device. The following shall
9apply:

10(1) The term includes, but is not limited to, short
11message service, e-mailing, instant messaging, a command or
12request to access an Internet web page, pressing more than a
13single button to initiate or terminate a voice communication
14using a mobile telephone or engaging in any other form of
15electronic text retrieval or entry, for present or future
16communication.

17(2) The term does not include:

18(i) Inputting, selecting or reading information on a
19global positioning system or navigation system.

20(ii) Pressing a single button to initiate or
21terminate a voice communication using a mobile telephone.

22(iii) Using a device capable of performing multiple
23functions, including, but not limited to, fleet
24management systems, dispatching devices, citizens band
25radios and music players, for a purpose that is not
26prohibited by this section.

27§ 1622. Handheld mobile telephone.

28(a) Commercial motor vehicle.-- Except as provided under
29subsection (c), a driver may not use a handheld mobile telephone
30while driving a commercial motor vehicle or motor carrier

1vehicle.

2(b) Employer.--Except as provided under subsection (c), an
3employer may not permit or require a driver of the employer to
4use a handheld mobile telephone while driving a commercial motor
5vehicle or a motor carrier vehicle.

6(c) Emergency use exception.--Using a handheld mobile
7telephone shall be permissible by a driver of a commercial motor
8vehicle or motor carrier vehicle if necessary to communicate
9with a law enforcement official or other emergency service.

10(d) Penalties.--

11(1) A person who violates subsection (a) commits a
12summary offense and shall, upon conviction, be sentenced to
13pay a fine of $100.

14(2) A person who violates subsection (b) commits a
15summary offense and shall, upon conviction, be sentenced to
16pay a fine of $500.

17(e) Definitions.--As used in this section, the following
18words and phrases shall have the meanings given to them in this
19subsection:

20"Driving." Operating a commercial motor vehicle or motor
21carrier vehicle on a highway, with the motor running, including
22while the commercial motor vehicle or motor carrier vehicle is
23temporarily stationary because of traffic, a traffic control
24device or other momentary delay. The term does not include
25operating a commercial motor vehicle or motor carrier vehicle
26with or without the motor running if the driver moved the
27vehicle to the side of or off of a highway and halted in a
28location where the vehicle can safely remain stationary.

29"Mobile telephone." A mobile communication device which uses
30a commercial mobile radio service, as defined in 47 CFR § 20.3

1(relating to definitions). The term does not include two-way or
2Citizens Band Radio services.

3"Use a handheld mobile telephone." As follows:

4(1) Using at least one hand to hold a mobile telephone
5to conduct a voice communication.

6(2) Dialing or answering a mobile telephone by pressing
7more than a single button.

8(3) Reaching for a mobile telephone in a manner that
9requires a driver to maneuver so that the driver is no longer
10in a seated driving position, restrained by a seat belt that
11is installed in accordance with 49 CFR § 393.93 (relating to
12seats, seat belt assemblies, and seat belt assembly
13anchorages) and adjusted in accordance with the vehicle
14manufacturer's instructions.

15Section 5. Section 1944 of Title 75, amended November 25,
162013 (P.L.974, No.89), is amended to read:

17§ 1944. Mobile homes, modular housing units and modular housing
18undercarriages.

19The fee for a special hauling permit for a mobile home, 
20modular housing unit or modular housing undercarriage which 
21exceeds the maximum size prescribed in this title but which does 
22not exceed 14 feet in body width shall be $39. The fee for a 
23special hauling permit for a mobile home or modular housing 
24unit, as provided in section 4973 (relating to permits for 
25movement of a mobile home, a manufactured home or a modular 
26housing unit and modular housing undercarriage), shall be $76.

27Section 6. Sections 3742(b) and 4923(a) of Title 75 are
28amended to read:

29§ 3742. Accidents involving death or personal injury.

30* * *

1(b) Penalties.--

2(1) Except as otherwise provided in this section, any
3person violating this section commits a misdemeanor of the
4first degree.

5(2) If the victim suffers serious bodily injury, any
6person violating subsection (a) commits a felony of the third
7degree, and the sentencing court shall order the person to
8serve a minimum term of imprisonment of not less than 90 days
9and a mandatory minimum fine of $1,000, notwithstanding any
10other provision of law.

11(3) (i) If the victim dies, any person violating 
12subsection (a) commits a felony of the second degree, and
13the sentencing court shall order the person to serve a
14minimum term of imprisonment of not less than [one year]
15three years and a mandatory minimum fine of $2,500,
16notwithstanding any other provision of law.

17(ii) In addition to the minimum term of imprisonment
18provided for in subparagraph (i), the Pennsylvania
19Commission on Sentencing shall provide within its
20guidelines a sentencing enhancement if the victim dies as
21the result of a violation of subsection (a). The
22provisions of this subparagraph shall not be an element
23of the crime, and notice of the provisions of this
24subparagraph shall not be required prior to conviction,
25but reasonable notice of the Commonwealth's intention to
26proceed under this subparagraph shall be provided after
27conviction and before sentencing.

28* * *

29§ 4923. Length of vehicles.

30(a) Motor vehicles.--

1(1) Except as provided in paragraph (2), no motor
2vehicle, including any load and bumpers, shall exceed an
3overall length of 40 feet.

4(2) Paragraph (1) does not apply to the following:

5(i) A motor vehicle equipped with a boom or boomlike
6device if the vehicle does not exceed 55 feet.

7(ii) A bus, school bus or motor home which does not
8exceed 45 feet.

9(iii) An articulated bus which does not exceed 63
10feet.

11(iv) An automobile or boat transporter which does
12not exceed 45 feet, exclusive of an overhang of not more
13than three feet on the front and four feet on the rear.

14* * *

<-15Section 2 7. Section 4962(f.2) of Title 75 is amended and
16the section is amended by adding subsections to read:

17§ 4962. Conditions of permits and security for damages.

18* * *

19(f.2) One pilot car.--Vehicles greater than 13 feet but
20[less] not greater than 14 feet in body width, even if the total
21length of the vehicle or combination, including the load on the
22combination, exceeds 90 feet but is not in excess of 120 feet,
23shall only be required to maintain one pilot car. The position
24of the pilot car to the front or rear of the permitted vehicle
25may be determined by the department.

26* * *

27(f.4) Travel restriction.--A permitted oversized vehicle may
28not travel within 1,000 feet of another permitted oversized
29vehicle traveling in the same direction, unless the vehicle is
30one of the following:

1(1) A military vehicle.

2(2) A vehicle traveling in a construction zone.

3(3) A vehicle traveling within 2,500 feet of a stop
4sign, traffic light or any other <-traffic traffic-control
5signal or event that would cause either vehicle to come to a
6stop.

7(f.5) Transport.--Notwithstanding the provisions of this
8title to the contrary, a permit issued under section 4961 or
94973 (relating to permits for movement of a mobile home<-, a
10manufactured home or a modular housing unit and modular housing
11undercarriage) for the movement of manufactured homes, modular
12homes, mobile homes, manufactured construction units or modular
13housing undercarriages shall permit the transport of multiple
14sections of homes, units or undercarriages or any and all
15components needed or used to assemble the homes, units or
16undercarriages, including, but not limited to, shingles,
17dormers, trusses and gable end walls, provided that the multiple
18sections and components do not <-cause the overall weight to
19exceed 80,000 pounds or exceed the width, length or height
20limitations set forth in the permit.

21* * *

<-22Section 3. Section 4973(e) of Title 75 is amended to read:

<-23Section 8. Section 4973 heading and subsection (e) of Title
2475 are amended to read:

25§ 4973. Permits for movement of a mobile home<-, a manufactured 
26home or a modular housing unit and modular housing
27undercarriage.

28* * *

29[(e) Restricted travel periods.--A vehicle, combination or
30load permitted under this section that is wider than 14 feet in

1body width shall be moved only from 9:00 a.m. to sunset on
2Monday, Tuesday, Wednesday and Thursday and from 9:00 a.m. to 12
3noon on Friday. Movement under this section is not authorized at
4any time on Saturday or Sunday or during any holiday period
5specified in departmental regulations or the permit.]

6Section <-2 4 9. This act shall take effect in 60 days.