AN ACT

 

1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, in general provisions relating to operation of
3vehicles, further providing for obedience to authorized
4persons directing traffic; and providing for drivers of
5certified escort vehicles; in other required equipment,
6further providing for identification of certain vehicles;
7and, in size, weight and load, further providing for scope
8and application of chapter and for conditions of permits and
9security for damages.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Section 3102 of Title 75 of the Pennsylvania
13Consolidated Statutes is amended to read:

14§ 3102. Obedience to authorized persons directing traffic.

15No person shall willfully fail or refuse to comply with any
16lawful order or direction of:

17(1) any uniformed police officer, sheriff or constable
18or, in an emergency, a railroad or street railway police
19officer; [or]

20(2) any appropriately attired person, including an agent
21or employee of the funeral director during a funeral,

1authorized to direct, control or regulate traffic [or an];

2(3) any employee who has been trained in traffic control
3by a licensed and insured private security company and who is
4acting in the scope of employment[.]; or

5(4) any driver of a certified escort vehicle as defined
6under section 3108 (relating to drivers of certified escort
7vehicles) and who is acting in the capacity as a driver of a
8certified escort vehicle.

9Section 2. Title 75 is amended by adding a section to read:

10§ 3108. Drivers of certified escort vehicles.

11(a) General rule.--The driver of a certified escort vehicle
12that is being operated to escort a super load must be certified
13and licensed by the department and wear attire that complies
14with 67 Pa. Code § 101.3(5) (relating to minimum attire).

15(b) Criteria to be established.--Within one year of the
16effective date of this section, the department shall establish
17criteria for certified escort vehicles and for determining
18certification and licensing of drivers of certified escort
19vehicles within this Commonwealth and shall post the criteria on
20the department's publicly accessible Internet website.

21(c) Definitions.--The following words and phrases when used
22in this section shall have the meanings given to them in this
23subsection unless the context clearly indicates otherwise:

24"Certified escort vehicle." A vehicle that is operated to
25escort a super load on a highway of this Commonwealth.

26"Super load." A vehicle or combination or load having a
27gross weight exceeding 201,000 pounds, a total length exceeding
28160 feet or a total width exceeding 16 feet. The term does not
29include any of the following:

30(1) A building under 67 Pa. Code § 179.11 (relating to

1special vehicle-load restrictions).

2(2) A vehicle or combination moved across the highway
3under section 4965 (relating to single permits for multiple
4highway crossings) or 4966 (relating to permit for movement
5of quarry equipment).

6(3) A drag line moved across a highway under permit.

7Section 3. Sections 4573 and 4901(c) of Title 75 are amended
8to read:

9§ 4573. Identification of certain vehicles.

10(a) Commercial tow trucks.--Any truck which is used
11commercially to tow other motor vehicles shall have the name of
12the business, or person, operating [such] the truck displayed on
13signs on both sides of [such] the truck.

14(b) Certified escort vehicle.--Any certified escort vehicle
15which is used to escort a super load as defined in section 3108
16(relating to drivers of certified escort vehicles) shall display
17the department's certification emblem, may use flashing or
18revolving yellow lights in accordance with sections 4572
19(relating to visual signals on authorized vehicles) and 6107
20(relating to designation of authorized vehicles by department)
21and shall comply with other department regulations, including
22those pertaining to pilot cars.

23§ 4901. Scope and application of chapter.

24* * *

25(c) Permit authorizing prohibited movement.--If an
26overweight or oversize movement cannot be made in any other
27feasible manner, the permit may authorize the movement to be
28made in contravention to any provision of this title provided
29that:

30(1) the department or local authority determines that

1the movement is in the public interest; and

2(2) the movement is escorted by [the Pennsylvania State
3Police, extra-duty Pennsylvania State Police or department
4personnel. When the movement is escorted by extra-duty
5Pennsylvania State Police or department personnel,] certified 
6escort vehicles as defined under section 3108 (relating to 
7drivers of certified escort vehicles) or the Pennsylvania 
8State Police and the following shall apply:

9(i) [Approval must be obtained from the Pennsylvania
10State Police or the department for the use of their
11respective personnel.] The department, in consultation 
12with the Pennsylvania State Police, shall determine 
13whether a Pennsylvania State Police escort is necessary.

14(ii) [The] If it is jointly determined by the 
15Pennsylvania State Police and the department that the 
16movement must be escorted by the Pennsylvania State 
17Police, the permittee shall bear the total costs of
18escorting the movement.

19* * *

20Section 4. Section 4962(d) of Title 75 is amended and the
21section is amended by adding a subsection to read:

22§ 4962. Conditions of permits and security for damages.

23* * *

24(d) Special escort services.--The department or local
25authorities shall specify what movements require special escort
26services of the Pennsylvania State Police, local police or
27department personnel as determined under section 4901(c)(2)
28(relating to scope and application of chapter).

29* * *

30(f.6) One certified escort vehicle.--

1(1) A super load, as defined in section 3108(c)
2(relating to drivers of certified escort vehicles), shall be
3required to maintain one certified escort vehicle under
4section 4573(b) (relating to identification of certain
5vehicles) unless otherwise determined under section 4901(c)
6that an additional certified escort vehicle or a Pennsylvania
7State Police escort is necessary.

8(2) The requirements of this subsection are in addition
9to, not in lieu of, all other pilot car requirements for the
10super load movement.

11* * *

12Section 5. This act shall take effect in 60 days.