PRINTER'S NO. 1552
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1194
Session of
2015
INTRODUCED BY ROAE, ENGLISH, METZGAR, McGINNIS, MAHONEY,
LAWRENCE, TRUITT AND IRVIN, MAY 12, 2015
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 12, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in powers of Department of Transportation and local
authorities, further providing for promulgation of rules and
regulations by department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6103(c) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 6103. Promulgation of rules and regulations by department.
* * *
(c) Adoption of Federal statute, regulation, standard or
criteria.--[The department shall be authorized to adopt by
reference any Federal statute, regulation, standard or criteria
or provision thereof relating to vehicles or drivers, including,
but not limited to, minimum driver qualifications, maximum hours
of service, loading, unloading, hazardous materials, operation,
equipment, records and inspection.
(1) The department shall be authorized to extend the
coverage of any Federal statute, regulation, standard or
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criteria adopted under this subsection to vehicles and
drivers operating only in intrastate commerce, except as
follows:
(iii) No Federal statute, regulation, standard or
criteria shall be extended to cover farm tractors or
drivers of farm tractors, regardless of whether the farm
tractor is operated as a combination.
(iv) No Federal statute, regulation, standard or
criteria shall be extended to cover implements of
husbandry other than farm tractors, farm vehicles or
drivers of these vehicles, regardless of whether the
vehicle is operated as a combination, provided that:
(A) the vehicle's or combination's gross weight,
gross vehicle weight rating or gross combination
weight rating does not equal or exceed 26,001 pounds;
(B) the vehicle or combination is not carrying
hazardous materials in an amount that requires the
towing or towed vehicle to be placarded under Chapter
83 (relating to hazardous materials transportation);
and
(C) the vehicle or combination is not designed
or used to transport 16 or more people, including the
driver.
(v) For purposes of this paragraph, the term "farm
tractors" includes tractors designed for off-road
agricultural use, combines, crop pickers, crop and forage
harvesters, threshers, plows, tillers, planters, seeders,
field sprayers, forage cutters, balers and similar
vehicles that are infrequently operated or moved upon
highways and that are used by a farmer in agricultural
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production.]
(1.1) The department shall be authorized to adopt by
reference any Federal statute, regulation, standard or
criteria or provision thereof relating to vehicles or
drivers, including, but not limited to, minimum driver
qualifications, maximum hours of service, loading, unloading,
hazardous materials, operation, equipment, records and
inspection.
(1.2) The department shall be authorized to extend the
coverage of any Federal statute, regulation, standard or
criteria adopted under this subsection to vehicles and
drivers operating only in intrastate commerce, except as
follows:
(i) No Federal statute, regulation, standard or
criteria shall be extended to cover farm tractors or
drivers of farm tractors, regardless of whether the farm
tractor is operated as a combination.
(ii) No Federal statute, regulation, standard or
criteria shall be extended to cover implements of
husbandry other than farm tractors, farm vehicles or
drivers of these vehicles, regardless of whether the
vehicle is operated as a combination, provided that:
(A) the vehicle's or combination's gross weight,
gross vehicle weight rating or gross combination
weight rating does not equal or exceed 26,001 pounds;
(B) the vehicle or combination is not carrying
hazardous materials in an amount that requires the
towing or towed vehicle to be placarded under Chapter
83 (relating to hazardous materials transportation);
and
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(C) the vehicle or combination is not designed
or used to transport 16 or more people, including the
driver.
(iii) No Federal statute, regulation, standard or
criteria shall be extended to cover shadow vehicles on
streets or highways owned or maintained by local
authorities.
(iv) For purposes of this paragraph, the term "farm
tractors" includes tractors designed for off-road
agricultural use, combines, crop pickers, crop and forage
harvesters, threshers, plows, tillers, planters, seeders,
field sprayers, forage cutters, balers and similar
vehicles that are infrequently operated or moved upon
highways and that are used by a farmer in agricultural
production.
(2) The regulations promulgated by the department under
paragraph [(1)] (1.2) may be modified, but shall, to the
maximum extent possible, be consistent with safety and
correspond to Federal regulations, standards or criteria.
(3) The regulations promulgated by the department under
paragraph [(1)] (1.2) shall not cause the forfeiture or
withholding of Federal funding. If a regulation promulgated
under paragraph [(1)] (1.2) results in a forfeiture or
withholding of Federal funding, the regulation shall be void,
and the department shall publish notice of the voided
regulation in the Pennsylvania Bulletin.
* * *
Section 2. This act shall take effect in 60 days.
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