Regular Session 2015-2016 House Bill 2025 P.N. 4069

SENATE AMENDED

PRIOR PRINTER'S NOS. 3252, 3352, 3663

PRINTER'S NO. 4069

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2025

Session of

2015

INTRODUCED BY REESE, TAYLOR, W. KELLER, ADOLPH, BAKER, CARROLL,

CUTLER, DUNBAR, FRANKEL, GABLER, GALLOWAY, GIBBONS,

GILLESPIE, HAHN, HARHAI, HARHART, A. HARRIS, HEFFLEY,

KAUFFMAN, M. K. KELLER, KILLION, LONGIETTI, MACKENZIE, MAHER,

MAJOR, MARSICO, MATZIE, MUSTIO, OBERLANDER, PEIFER, PETRARCA,

PYLE, SACCONE, SAINATO, SAYLOR, SIMMONS, SNYDER, STURLA,

PICKETT, ROTHMAN, NELSON AND D. COSTA, APRIL 29, 2016

AS AMENDED ON SECOND CONSIDERATION, IN SENATE, OCTOBER 18, 2016

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 temporary registration cards; AND,, FOR DISPLAY OF

REGISTRATION PLATE AND FOR SURRENDER OF REGISTRATION PLATES

AND CARDS UPON SUSPENSION OR REVOCATION AND PROVIDING FOR

SUSPENSION OF REGISTRATION UPON UNPAID TOLLS; IN COMMERCIAL

DRIVERS, FURTHER PROVIDING FOR COMMERCIAL DRIVER'S LICENSE;

IN FEES, FURTHER PROVIDING FOR TRUCKS AND TRUCK TRACTORS AND

FOR REINSTATEMENT OF OPERATING PRIVILEGE OR VEHICLE

REGISTRATION; IN MISCELLANEOUS PROVISIONS, FURTHER PROVIDING

FOR THE OFFENSE OF HOMICIDE BY VEHICLE AND FOR THE OFFENSE OF

AGGRAVATED ASSAULT BY VEHICLE; in inspection of vehicles,

further providing for REQUIREMENT FOR PERIODIC INSPECTION OF

VEHICLES, FOR LIMITED LIABILITY OF INSPECTION STATION OR

MECHANIC, FOR suspension of certificates of appointment and

for certification of mechanics; IN SIZE, WEIGHT AND LOAD,

FURTHER PROVIDING FOR PERMIT FOR MOVEMENT DURING COURSE OF

MANUFACTURE; AND, IN ABANDONED VEHICLES AND CARGO, FURTHER

PROVIDING FOR REPORTS BY PRIVATE PROPERTY OWNERS OF ABANDONED

VEHICLES.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 1310(b), 4702.1(B), 4724(a) and (b) and

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4726(b) and (c) of Title 75 of the Pennsylvania Consolidated

Statutes are amended to read:

SECTION 1. PARAGRAPH (1) OF THE DEFINITION OF "ABANDONED

VEHICLE" IN SECTION 102 OF THE TITLE 75 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBPARAGRAPH 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:

"ABANDONED VEHICLE."

(1) A VEHICLE (OTHER THAN A PEDALCYCLE) SHALL BE

PRESUMED TO BE ABANDONED UNDER ANY OF THE FOLLOWING

CIRCUMSTANCES, BUT THE PRESUMPTION IS REBUTTABLE BY A

PREPONDERANCE OF THE EVIDENCE:

* * *

(V) THE VEHICLE HAS REMAINED ON THE PRIVATE PROPERTY

OF A SALVOR FOR 20 DAYS.

* * *

SECTION 2. SECTIONS 1310(B), 1332(B) AND (C) AND 1376(B.1)

OF TITLE 75 ARE AMENDED TO READ:

§ 1310. Temporary registration cards.

* * *

(b) Duration.--Temporary registration cards shall be valid

for such period as the department shall designate. Temporary

registration cards issued to a vehicle acquired in this

Commonwealth for transportation to another state for

registration or use in the other state shall be valid for 60

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days from the date of issuance.

* * *

§ 1332. DISPLAY OF REGISTRATION PLATE.

* * *

(B) OBSCURING PLATE.--IT IS UNLAWFUL TO DISPLAY ON ANY

VEHICLE A REGISTRATION PLATE WHICH:

(1) IS SO DIRTY AS TO PREVENT THE READING OF THE NUMBER

OR LETTERS THEREON AT A REASONABLE DISTANCE;

(2) IS OBSCURED IN ANY MANNER WHICH INHIBITS THE PROPER

OPERATION OF AN AUTOMATED RED LIGHT ENFORCEMENT SYSTEM IN

PLACE PURSUANT TO SECTION 3116 (RELATING TO AUTOMATED RED

LIGHT ENFORCEMENT SYSTEMS IN FIRST CLASS CITIES) OR 3117

(RELATING TO AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS IN

CERTAIN MUNICIPALITIES) OR ANY OTHER AUTOMATED ENFORCEMENT

SYSTEM AUTHORIZED BY THIS TITLE OR AN ELECTRONIC TOLL

COLLECTION SYSTEM AS AUTHORIZED UNDER 74 PA.C.S. § 8117

(RELATING TO TOLL COLLECTION); [OR]

(3) IS OTHERWISE ILLEGIBLE AT A REASONABLE DISTANCE OR

IS OBSCURED IN ANY MANNER[.]; OR

(4) IS OBSCURED, COVERED OR OTHERWISE OBSTRUCTED IN A

MANNER WHICH INHIBITS THE VISIBILITY OF THE ISSUING

JURISDICTION AT A REASONABLE DISTANCE.

SUBSECTION (B)(2) OR (4) COMMITS A SUMMARY OFFENSE AND SHALL,

UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $100.

* * *

§ 1376. SURRENDER OF REGISTRATION PLATES AND CARDS UPON

SUSPENSION OR REVOCATION.

* * *

(B.1) IMMEDIATE SEIZURE OF REGISTRATION PLATES AND CARDS.--

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THE DEPARTMENT MAY DELEGATE AUTHORITY TO THE PERSONS DESCRIBED

IN THIS SECTION TO IMMEDIATELY SEIZE REGISTRATION PLATES AND

CARDS UPON IMPOSITION OF THE FOLLOWING:

(1) A SUSPENSION IMPOSED PURSUANT TO SECTION 1374(D)(3)

OR (4) (RELATING TO SUSPENSION OR REVOCATION OF VEHICLE

BUSINESS REGISTRATION PLATES) UNTIL ALL FEES, TAXES AND

PENALTIES HAVE BEEN PAID;

(2) A SUSPENSION OR REVOCATION IMPOSED PURSUANT TO

SECTION 1373(B)(3) (RELATING TO SUSPENSION OF REGISTRATION)

OR 1374(G);

(3) A SUSPENSION OR REVOCATION IS REINSTATED AFTER

DETERMINATION OF A MATTER AS PROVIDED IN SECTION 1377

(RELATING TO JUDICIAL REVIEW); [OR]

(4) A SUSPENSION IMPOSED PURSUANT TO SECTION 1379

(RELATING TO SUSPENSION OF REGISTRATION UPON SIXTH UNPAID

PARKING VIOLATION IN CITIES OF THE FIRST CLASS) UNTIL ALL

FINES, PENALTIES AND COSTS HAVE BEEN PAID[.]; OR

(5) A SUSPENSION IMPOSED PURSUANT TO SECTION 1380

(RELATING TO SUSPENSION OF REGISTRATION UPON UNPAID TOLLS)

UNTIL ALL TOLLS, ADMINISTRATIVE FEES AND COSTS HAVE BEEN

PAID, DISMISSED, REVERSED ON APPEAL OR CANCELED OR IF THE

OWNER OR REGISTRANT ENTERS INTO AN AGREEMENT WITH THE TOLLING

ENTITY TO MAKE INSTALLMENT PAYMENTS.

* * *

SECTION 3. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:

§ 1380. SUSPENSION OF REGISTRATION UPON UNPAID TOLLS.

(A) GENERAL RULE.--

(1) THE DEPARTMENT SHALL SUSPEND THE REGISTRATION OF A

VEHICLE UPON NOTIFICATION FROM A TOLLING ENTITY THAT THE

OWNER OR REGISTRANT OF THE VEHICLE HAS EITHER:

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(I) FAILED TO PAY OR DEFAULTED IN THE PAYMENT OF SIX

OR MORE VIOLATIONS ISSUED UNDER 74 PA.C.S. § 8116(A)

(RELATING TO COLLECTION AND DISPOSITION OF TOLLS AND

OTHER REVENUE) OR 8117(A)(1) (RELATING TO ELECTRONIC TOLL

COLLECTION) OR OTHER LAW, REGULATION, ORDINANCE OR

STANDARD APPLICABLE TO THE TOLL COLLECTION OR PAYMENT

REQUIREMENTS FOR A TOLLING ENTITY; OR

(II) INCURRED UNPAID TOLLS OR ADMINISTRATIVE FEES OR

COSTS THAT COLLECTIVELY TOTAL A MINIMUM OF $500,

REGARDLESS OF THE NUMBER OF VIOLATIONS.

(2) NOTHING IN PARAGRAPH (1) SHALL BE CONSTRUED TO LIMIT

A TOLLING ENTITY'S ABILITY TO RECOUP UNPAID TOLLS OR

ADMINISTRATIVE FEES OR COSTS BY ANY MEANS AVAILABLE UNDER THE

LAW.

(B) NOTICE.--PRIOR TO NOTIFYING THE DEPARTMENT UNDER

SUBSECTION (C), THE TOLLING ENTITY SHALL PROVIDE THE OWNER OR

REGISTRANT WRITTEN NOTICE BY FIRST CLASS MAIL OF ITS INTENT TO

SEEK SUSPENSION OF THE VEHICLE REGISTRATION UNDER THIS SECTION

AND AFFORD THE OWNER OR REGISTRANT WITH THE OPPORTUNITY TO BE

HEARD DURING AN ADMINISTRATIVE PROCEEDING.

(1) NOT SOONER THAN 30 DAYS AFTER MAILING THE NOTICE

UNDER SUBSECTION (B), THE TOLLING ENTITY, PROVIDED IT HAS

ENTERED INTO AN AGREEMENT WITH THE DEPARTMENT TO ENFORCE THE

PROVISIONS OF THIS SECTION, MAY NOTIFY THE DEPARTMENT

ELECTRONICALLY IN A FORMAT PRESCRIBED BY THE DEPARTMENT

WHENEVER AN OWNER OR REGISTRANT MEETS THE REQUIREMENTS FOR

SUSPENSION UNDER SUBSECTION (A)(1).

(2) WHEN A TOLLING ENTITY HAS PROVIDED NOTICE UNDER THIS

SUBSECTION AND ALL OF THE VIOLATIONS ARE SUBSEQUENTLY PAID,

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DISMISSED, REVERSED ON APPEAL OR CANCELED, THE TOLLING ENTITY

SHALL NOTIFY THE DEPARTMENT ELECTRONICALLY IN A FORMAT

PRESCRIBED BY THE DEPARTMENT OF THE DISPOSITION OF THE

VIOLATION AND SHALL PROVIDE THE OWNER OR REGISTRANT WITH A

RELEASE FROM THE SUSPENSION.

(D) PERIOD OF SUSPENSION.--A SUSPENSION UNDER SUBSECTION (A)

SHALL CONTINUE UNTIL THE DEPARTMENT RECEIVES NOTICE FROM THE

TOLLING ENTITY THAT THE VIOLATIONS ARE PAID, DISMISSED, REVERSED

ON APPEAL OR CANCELED OR THE OWNER OR REGISTRANT ENTERS INTO AN

AGREEMENT WITH THE TOLLING ENTITY TO MAKE INSTALLMENT PAYMENTS

FOR TOLLS, ADMINISTRATIVE FEES AND COSTS IMPOSED AND PAYS THE

FEE PRESCRIBED IN SECTION 1960 (RELATING TO REINSTATEMENT OF

OPERATING PRIVILEGE OR VEHICLE REGISTRATION), PROVIDED THAT THE

SUSPENSION MAY BE REIMPOSED BY THE DEPARTMENT IF THE OWNER OR

REGISTRANT FAILS TO MAKE REGULAR INSTALLMENT PAYMENTS.

(E) ADDITIONAL SUSPENSION.--THE DEPARTMENT SHALL IMPOSE AN

ADDITIONAL PERIOD OF REGISTRATION SUSPENSION IF, SUBSEQUENT TO

THE ISSUANCE OF A SUSPENSION UNDER SUBSECTION (A) BUT PRIOR TO

THE RESTORATION OF THE REGISTRATION, THE DEPARTMENT IS NOTIFIED

BY THE TOLLING ENTITY THAT THE OWNER OR REGISTRANT HAS FAILED TO

PAY, FAILED TO RESPOND OR DEFAULTED IN THE PAYMENT OF AN

ADDITIONAL VIOLATION ISSUED UNDER 74 PA.C.S. § 8117(A)(1).

(F) VIOLATIONS OUTSIDE COMMONWEALTH.--

(1) THE DEPARTMENT SHALL SUSPEND THE REGISTRATION OF A

VEHICLE UPON THE NOTIFICATION FROM A TOLLING ENTITY THAT HAS

ENTERED INTO AN ENFORCEMENT AGREEMENT WITH THE DEPARTMENT AS

AUTHORIZED UNDER SECTION 6146 (RELATING TO ENFORCEMENT

AGREEMENTS) FOR ANY TOLL VIOLATION OF THAT STATE OR AN

AUTHORITY OR FOR FAILURE TO PAY ANY FINE OR COSTS IMPOSED IN

ACCORDANCE WITH THE LAWS OF THE JURISDICTION IN WHICH THE

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VIOLATION OCCURRED.

(2) AN OWNER OR REGISTRANT WHO PROVIDES PROOF

SATISFACTORY TO THE DEPARTMENT THAT THE FULL AMOUNT OF THE

FINE AND COSTS HAS BEEN FORWARDED TO AND RECEIVED BY THE

OTHER STATE MAY NOT BE REGARDED AS HAVING FAILED TO PAY FOR

THE PURPOSES OF THIS SUBSECTION.

(G) DOCUMENTATION.--

(1) IN ANY PROCEEDING UNDER THIS SECTION, DOCUMENTS

OBTAINED BY THE DEPARTMENT FROM A TOLLING ENTITY OR FROM THE

APPROPRIATE AGENCY OF THE COMMONWEALTH OR ANOTHER STATE SHALL

BE ADMISSIBLE INTO EVIDENCE TO SUPPORT THE DEPARTMENT'S CASE.

(2) THE DEPARTMENT MAY TREAT THE DOCUMENTS AND REPORTS

AS DOCUMENTS OF THE DEPARTMENT AND USE ANY OF THE METHODS OF

STORAGE PERMITTED UNDER THE PROVISIONS OF 42 PA.C.S. § 6109

(RELATING TO PHOTOGRAPHIC COPIES OF BUSINESS AND PUBLIC

RECORDS) AND MAY REPRODUCE THE DOCUMENTS IN ACCORDANCE WITH

THE PROVISIONS OF 42 PA.C.S. § 6103 (RELATING TO PROOF OF

OFFICIAL RECORDS).

(3) THE DEPARTMENT MAY CERTIFY THAT IT HAS RECEIVED OR

OBTAINED DOCUMENTS AND REPORTS FROM A TOLLING ENTITY, THE

COMMONWEALTH OR OTHER STATES, AND THE CERTIFICATION SHALL BE

PRIMA FACIE PROOF OF THE FACTS CONTAINED IN THE DOCUMENTS AND

REPORTS.

(H) THREE-YEAR STATUTE OF LIMITATIONS.--NO SUSPENSION MAY BE

IMPOSED BASED UPON A VIOLATION OF 74 PA.C.S. § 8117(A)(1) OR

SIMILAR PROVISION FROM ANOTHER STATE MORE THAN THREE YEARS AFTER

THE VIOLATION IS COMMITTED.

(I) COLLECTION OF OUT-OF-STATE TOLLS.--THE DEPARTMENT OR A

TOLLING ENTITY MAY COLLECT THE CIVIL PENALTIES AND TOLLS IMPOSED

BY AN OUT-OF-STATE TOLLING ENTITY IF THE DEPARTMENT OR TOLLING

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ENTITY HAS ENTERED INTO A RECIPROCITY AGREEMENT THAT CONFIRMS

THE FOLLOWING:

(1) THE OTHER STATE OR TOLLING ENTITY HAS ITS OWN

EFFECTIVE RECIPROCAL PROCEDURE FOR COLLECTING PENALTIES AND

TOLLS IMPOSED BY A COMMONWEALTH TOLLING ENTITY AND AGREES TO

COLLECT PENALTIES AND TOLLS OF THE COMMONWEALTH TOLLING

ENTITY BY EMPLOYING SANCTIONS THAT INCLUDE DENIAL OF AN

OWNER'S OR REGISTRANT'S RIGHT TO REGISTER OR REREGISTER A

MOTOR VEHICLE.

(2) THE PENALTIES, EXCLUSIVE OF TOLLS, CLAIMED BY THE

OTHER STATE OR TOLLING ENTITY AGAINST AN OWNER OR REGISTRANT

OF A MOTOR VEHICLE REGISTERED IN THIS COMMONWEALTH DO NOT

EXCEED $100 FOR A FIRST VIOLATION OR $600 FOR ALL PENDING

VIOLATIONS.

(3) THE OTHER STATE OR TOLLING ENTITY PROVIDES DUE

PROCESS AND APPEAL PROTECTIONS TO AVOID THE LIKELIHOOD THAT A

FALSE, MISTAKEN OR UNJUSTIFIED CLAIM WILL BE PURSUED AGAINST

AN OWNER OR REGISTRANT.

(4) AN OWNER OR REGISTRANT OF A MOTOR VEHICLE REGISTERED

IN THIS COMMONWEALTH MAY PRESENT EVIDENCE TO THE OTHER STATE

OR TOLLING ENTITY BY MAIL, TELEPHONE, ELECTRONIC MEANS OR

OTHER MEANS TO INVOKE RIGHTS OF DUE PROCESS, WITHOUT HAVING

TO APPEAR PERSONALLY IN THE JURISDICTION WHERE THE VIOLATION

IS ALLEGED TO HAVE OCCURRED.

(5) THE RECIPROCAL COLLECTION AGREEMENT BETWEEN THE

DEPARTMENT OR A TOLLING ENTITY AND THE OTHER STATE OR TOLLING

ENTITY PROVIDES THAT EACH PARTY MAY CHARGE THE OTHER A FEE

SUFFICIENT TO COVER THE COSTS OF COLLECTION SERVICES,

INCLUDING COSTS INCURRED BY THE AGENCY THAT REGISTERS MOTOR

VEHICLES.

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(J) DEFINITION.--AS USED IN THIS SECTION, THE TERM "TOLLING

ENTITY" MEANS ANY OF THE FOLLOWING:

(1) THE PENNSYLVANIA TURNPIKE COMMISSION.

(2) AN ENTITY AUTHORIZED TO IMPOSE AND COLLECT TOLLS IN

ACCORDANCE WITH ANY OF THE FOLLOWING:

(I) THE LAWS OF THIS COMMONWEALTH.

(II) THE LAWS OF ANOTHER STATE.

(III) THE TERMS OF AN INTERSTATE COMPACT OR

AGREEMENT.

(3) AN AUTHORIZED AGENT OF AN ENTITY UNDER PARAGRAPH

(2).

SECTION 4. SECTION 1610(B) OF TITLE 75 IS AMENDED BY ADDING

A PARAGRAPH TO READ:

§ 1610. COMMERCIAL DRIVER'S LICENSE.

* * *

(B) CLASSIFICATIONS, ENDORSEMENTS AND RESTRICTIONS.--

* * *

(4) A HAZARDOUS MATERIALS (CODE H) ENDORSEMENT SHALL NOT

BE REQUIRED FOR A DRIVER WITH CLASS A COMMERCIAL DRIVER'S

LICENSE WHO IS OPERATING A COMMERCIAL MOTOR VEHICLE IN

ACCORDANCE WITH 49 CFR § 383.3(I) (RELATING TO

APPLICABILITY).

* * *

SECTION 5. SECTION 1916(A) OF TITLE 75 IS AMENDED BY ADDING

PARAGRAPHS TO READ:

§ 1916. TRUCKS AND TRUCK TRACTORS.

(A) GENERAL RULE.--

* * *

(3) A REGISTRATION FEE FOR A MOTOR CARRIER VEHICLE IN

EXCESS OF 17,000 POUNDS SHALL BE REFUNDED IF THE VEHICLE IS

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STOLEN OR DEMOLISHED AND THE VEHICLE HAS A NONREPAIRABLE

CERTIFICATE OR CERTIFICATE OF SALVAGE. THE REFUND SHALL BE

PRORATED BASED ON THE NUMBER OF MONTHS THE VEHICLE WAS

OPERATIONAL.

(4) IN THE CASE OF APPORTIONED REGISTRATIONS, ONLY THE

FEES PAID FOR THE COMMONWEALTH PORTION OF THE FEES SHALL BE

ELIGIBLE FOR A REFUND.

* * *

SECTION 6. SECTIONS 1960, 3732(B)(1.1) AND (3), 3732.1(B)(2)

AND (4), 4702(B)(7), 4702.1(B), 4724(A) AND (B) AND 4726 (B) AND

§ 1960. REINSTATEMENT OF OPERATING PRIVILEGE OR VEHICLE

REGISTRATION.

THE DEPARTMENT SHALL CHARGE A FEE OF $70 OR, IF SECTION 1379

(RELATING TO SUSPENSION OF REGISTRATION UPON SIXTH UNPAID

PARKING VIOLATION IN CITIES OF THE FIRST CLASS), 1380 (RELATING

TO SUSPENSION OF REGISTRATION UPON UNPAID TOLLS) OR 1786(D)

(RELATING TO REQUIRED FINANCIAL RESPONSIBILITY) APPLIES, A FEE

OF $88 TO RESTORE A PERSON'S OPERATING PRIVILEGE OR THE

REGISTRATION OF A VEHICLE FOLLOWING A SUSPENSION OR REVOCATION.

§ 3732. HOMICIDE BY VEHICLE.

* * *

(B) SENTENCING.--

* * *

(1.1) IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW,

A PERSON CONVICTED OF A VIOLATION OF SUBSECTION (A) AS THE

RESULT OF A VIOLATION OF SECTION 3316 (RELATING TO

PROHIBITING TEXT-BASED COMMUNICATIONS), 3325 (RELATING TO

DUTY OF DRIVER ON APPROACH OF EMERGENCY VEHICLE) OR 3327

(RELATING TO DUTY OF DRIVER IN EMERGENCY RESPONSE AREAS) AND

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WHO IS CONVICTED OF VIOLATING SECTION 3316, 3325 OR 3327 MAY

BE SENTENCED TO AN ADDITIONAL TERM NOT TO EXCEED FIVE YEARS'

CONFINEMENT WHEN THE VIOLATION RESULTED IN DEATH.

* * *

(3) THE PENNSYLVANIA COMMISSION ON SENTENCING, PURSUANT

TO 42 PA.C.S. § 2154 (RELATING TO ADOPTION OF GUIDELINES FOR

SENTENCING), SHALL PROVIDE FOR A SENTENCING ENHANCEMENT FOR

AN OFFENSE UNDER THIS SECTION WHEN THE VIOLATION OCCURRED IN

AN ACTIVE WORK ZONE OR WAS THE RESULT OF A VIOLATION OF

SECTION 3316, 3325 OR 3327.

§ 3732.1. AGGRAVATED ASSAULT BY VEHICLE.

* * *

(B) SENTENCING.--

* * *

(2) IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, A

PERSON CONVICTED OF A VIOLATION OF SUBSECTION (A) AS THE

RESULT OF A VIOLATION OF SECTION 3316 (RELATING TO

PROHIBITING TEXT-BASED COMMUNICATIONS), 3325 (RELATING TO

DUTY OF DRIVER ON APPROACH OF EMERGENCY VEHICLE) OR 3327

(RELATING TO DUTY OF DRIVER IN EMERGENCY RESPONSE AREAS) AND

WHO IS CONVICTED OF VIOLATING SECTION 3316, 3325 OR 3327 MAY

BE SENTENCED TO AN ADDITIONAL TERM NOT TO EXCEED TWO YEARS'

CONFINEMENT WHEN THE VIOLATION RESULTED IN SERIOUS BODILY

INJURY.

* * *

(4) THE PENNSYLVANIA COMMISSION ON SENTENCING, UNDER 42

PA.C.S. § 2154 (RELATING TO ADOPTION OF GUIDELINES FOR

SENTENCING), SHALL PROVIDE FOR A SENTENCING ENHANCEMENT FOR

AN OFFENSE UNDER THIS SECTION WHEN THE VIOLATION OCCURRED IN

AN ACTIVE WORK ZONE OR WAS THE RESULT OF A VIOLATION OF

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SECTION 3316, 3325 OR 3327.

§ 4702. REQUIREMENT FOR PERIODIC INSPECTION OF VEHICLES.

* * *

(B) SEMIANNUAL SAFETY INSPECTION OF CERTAIN VEHICLES.--THE

FOLLOWING VEHICLES SHALL BE SUBJECT TO SEMIANNUAL SAFETY

INSPECTION:

* * *

[(7) MOTOR CARRIER VEHICLES WITH A REGISTERED GROSS

WEIGHT IN EXCESS OF 17,000 POUNDS, OTHER THAN FARM VEHICLES

FOR WHICH A BIENNIAL CERTIFICATE OF EXEMPTION HAS BEEN

ISSUED.]

* * *

§ 4702.1. LIMITED LIABILITY OF INSPECTION STATION OR MECHANIC.

* * *

[(B) PRIOR CERTIFICATION.--INSPECTION MECHANICS CERTIFIED AS

TO TRAINING, QUALIFICATIONS AND COMPETENCE, PRIOR TO JANUARY 1,

1983, SHALL BE DEEMED TO HAVE COMPLIED WITH DEPARTMENTAL

REGULATIONS AND SHALL BE AUTHORIZED TO CONDUCT MOTOR VEHICLE

INSPECTIONS WITHOUT REAPPLICATION FOR CERTIFICATION.]

§ 4724. Suspension of certificates of appointment.

(a) General rule.--The department shall supervise and

inspect official inspection stations and may suspend the

certificate of appointment issued to a station and OR MAY impose

a monetary penalty OR MAY ISSUE A WARNING AGAINST THE STATION ,

which it finds is not properly equipped or conducted or which

has violated or failed to comply with any of the provisions of

this chapter or regulations adopted by the department. A

schedule of all penalties, points and suspension may be

established by the department by publishing a notice in the

Pennsylvania Bulletin until the regulations governing these

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penalties are promulgated by the department. The department

shall maintain a list of all stations holding certificates of

appointment and of those whose certificates of appointment have

been suspended. Any suspended certificate of appointment and all

unused certificates of inspection shall be returned immediately

to the department.

(b) Judicial review.--Any person whose mechanic certificate

issued under section 4726 (relating to certification of

mechanics) or certificate of appointment has been denied or

suspended or who has received a monetary penalty under this

chapter shall have the right to appeal to the court vested with

jurisdiction of such appeals by or pursuant to Title 42

(relating to judiciary and judicial procedure). The court shall

set the matter for hearing upon 60 days' written notice to the

department and take testimony and examine into the facts of the

case and determine whether the petitioner is entitled to a

mechanic certificate or certificate of appointment or is subject

to suspension [of the certificate of appointment] or monetary

penalty under the provisions of this chapter.

* * *

§ 4726. Certification of mechanics.

* * *

(b) Supervision and suspension.--The department shall

supervise mechanics certified under this section and may suspend

the certification issued to a mechanic and OR may impose a

monetary penalty if it finds that the mechanic has improperly

conducted inspections or has violated or failed to comply with

any of the provisions of this chapter or regulations adopted by

the department. The department shall maintain a list of all

certified mechanics and of those whose certification has been

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suspended. Any suspended certificate shall be returned

immediately to the department.

[(c) Judicial review.--Any mechanic whose certificate has

been denied or suspended under this chapter shall have the right

to appeal to the court vested with jurisdiction of such appeals

by or pursuant to Title 42 (relating to judiciary and judicial

procedure). The court shall set the matter for hearing upon 60

days' written notice to the department and take testimony and

examine into the facts of the case and determine whether the

petitioner is entitled to certification or is subject to

suspension of the certification under the provisions of this

chapter.]

SECTION 7. SECTION 4968(A.1)(3) OF TITLE 75 IS AMENDED,

SUBSECTION (A.2) IS AMENDED BY ADDING A PARAGRAPH AND SUBSECTION

(B) IS AMENDED BY ADDING A DEFINITION TO READ:

§ 4968. PERMIT FOR MOVEMENT DURING COURSE OF MANUFACTURE.

(A.1) GENERAL RULE.--AN ANNUAL PERMIT MAY BE ISSUED

AUTHORIZING MOVEMENT ON SPECIFIED HIGHWAYS OF:

* * *

(3) AIRCRAFT REFUELING VEHICLES OR VEHICLES AND

COMBINATIONS CARRYING MILK, RAW COAL, FLAT-ROLLED STEEL

COILS, STEEL SLABS, HOT INGOTS, A HOT BOX, PULPWOOD AND WOOD

CHIPS, RAW WATER OR CRYOGENIC LIQUID OR SUGAR WHICH EXCEED

THE MAXIMUM WEIGHT SPECIFIED IN SUBCHAPTER C WHILE THEY ARE

IN THE COURSE OF MANUFACTURE AND UNDER CONTRACT WITH OR UNDER

THE DIRECT CONTROL OF THE MANUFACTURER, PROVIDED THAT THEY DO

NOT EXCEED THE MAXIMUM HEIGHT, WIDTH OR LENGTH SPECIFIED IN

SUBCHAPTER B UNLESS THEY ALSO QUALIFY UNDER PARAGRAPH (1),

SUBJECT TO THE PROVISIONS IN SUBSECTION (A.2).

(A.2) SPECIFICATIONS.--

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* * *

(14) A COMBINATION VEHICLE HAULING SUGAR MAY BE

PERMITTED BY THE DEPARTMENT AND LOCAL AUTHORITIES TO MOVE

UPON SPECIFIED HIGHWAYS WITHIN THEIR RESPECTIVE JURISDICTIONS

A DISTANCE NOT EXCEEDING FIVE MILES IF THE GROSS WEIGHT DOES

NOT EXCEED 95,000 POUNDS AND THE WEIGHT OF ANY NONSTEERING

AXLE DOES NOT EXCEED 21,000 POUNDS. NO PERMIT MAY BE ISSUED

FOR THIS TYPE OF MOVEMENT UPON AN INTERSTATE HIGHWAY.

(B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION:

* * *

"SUGAR." THE TERM SHALL REFER TO GRANULATED RAW, SEMI-

REFINED OR REFINED SUGAR DERIVED FROM THE PROCESSING OF SUGAR

CANE OR SUGAR BEETS, REQUIRING FURTHER PROCESSING AND NOT

INTENDED FOR DIRECT CONSUMPTION OR RETAIL SALE.

SECTION 8. SECTION 7311.1 OF TITLE 75 IS AMENDED TO READ:

§ 7311.1. REPORTS BY PRIVATE PROPERTY OWNERS OF ABANDONED

VEHICLES.

(A) REMOVAL OF ABANDONED VEHICLES.--

(1) A PERSON ON WHOSE PRIVATE PROPERTY IS LOCATED A

VEHICLE WHICH HAS REMAINED ON THE PROPERTY WITHOUT THE

CONSENT OF THE PROPERTY OWNER OR HIS AGENT FOR MORE THAN 24

HOURS MAY AUTHORIZE THE REMOVAL OR PROCESSING OF THE VEHICLE.

(2) PRIOR TO REMOVAL OR PROCESSING OF THE VEHICLE, THAT

PERSON SHALL FILE A REPORT, ON A MULTIPART FORM PRESCRIBED BY

THE DEPARTMENT, WITH THE LOCAL POLICE DEPARTMENT DECLARING

THAT AN UNAUTHORIZED VEHICLE HAS BEEN LEFT UNATTENDED AND ON

PRIVATE PROPERTY FOR AT LEAST 24 HOURS. ONE PART OF SUCH

REPORT SHALL BE RETAINED BY THAT PERSON, AND THE OTHER PART

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SHALL BE FILED WITH THE POLICE DEPARTMENT.

(3) THE POLICE DEPARTMENT SHALL, WITHIN FIVE BUSINESS

DAYS, PROCESS THE VEHICLE AS ABANDONED UNDER THIS CHAPTER AND

ATTACH A COPY OF THE REPORT TO THE ABANDONED VEHICLE

INFORMATION REPORT.

(B) SALVORS.--

(1) AN UNAUTHORIZED VEHICLE THAT HAS BEEN LEFT

UNATTENDED AND ON PRIVATE PROPERTY INCLUDES A VEHICLE TOWED

TO A SALVOR'S PROPERTY THAT HAS REMAINED ON THE SALVOR'S

PROPERTY FOR A PERIOD OF 20 DAYS.

(2) AFTER THE 20-DAY PERIOD, THE SALVOR MAY FILE A

REPORT AS PROVIDED UNDER SUBSECTION (A). IF THE SALVOR ELECTS

TO FILE A REPORT, THE SALVOR SHALL RETAIN AND PROCESS THE

VEHICLE FOR WHICH THE REPORT HAS BEEN FILED.

Section 2. This act shall take effect in 60 days.

SECTION 9. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT

IMMEDIATELY:

(I) THIS SECTION.

(II) THE AMENDMENT OF 75 PA.C.S. § 102.

(III) THE ADDITION OF 75 PA.C.S. § 1610(B)(4).

(IV) THE AMENDMENT OF 75 PA.C.S. § 7311.1.

(2) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IN NINE

MONTHS:

(I) THE AMENDMENT OF 75 PA.C.S. § 1332(B) AND (C).

(II) THE AMENDMENT OF 75 PA.C.S. § 1376(B.1).

(III) THE ADDITION OF 75 PA.C.S. § 1380.

(3) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IN 90

DAYS:

(I) THE ADDITION OF 75 PA.C.S. § 1916(A)(3).

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(II) THE AMENDMENT OF 75 PA.C.S. § 4702(B)(7).

(4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60

DAYS.

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