VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
                 Act of Nov. 26, 2008, P.L. 1658, No. 133             Cl. 75
                             Session of 2008
                               No. 2008-133

     HB 347

                                  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 issuance and reissuance of registration plates and for
        lost, stolen, damaged or illegible registration plate; in
        licensing of drivers, further providing for issuance and
        content of driver's license; in commercial drivers, further
        providing for definitions for requirement for commercial
        driver's license, for commercial driver's license
        qualification standards and for disqualification; in fees,
        further providing for exemptions from other fees; in rules of
        the road in general, further providing for speed timing
        devices; in inspection of vehicles, further providing for
        inspection by police or Commonwealth personnel; in size,
        weight and load, further providing for securing loads in
        vehicles, for height of vehicles and for permit for movement
        during course of manufacture; in powers of department and
        local authorities, further providing for promulgation of
        rules and regulations by department; and in snowmobiles and
        all-terrain vehicles, further providing for definitions.

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

        Section 1.  The definition of "motor vehicle" in section 102
     of Title 75 of the Pennsylvania Consolidated Statutes is amended
     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:
        * * *
        "Motor vehicle."  A vehicle which is self-propelled except an
     electric personal assistive mobility device or a vehicle which
     is propelled solely by human power [or by electric power
     obtained from overhead trolley wires, but not operated upon
     rails].
        * * *
        Section 2.  Section 1331(f) of Title 75 is amended to read:
      § 1331.  Issuance and reissuance of registration plates.
        * * *
        (f)  Periodic reissuance of registration plates.--The
     department shall develop, implement and administer a program to
     provide for the reissuance of [all] current registration plates
     previously issued under this section. The program to be
     established under this subsection shall address [all of] the
     following criteria:
            (1)  Other than the annual registration fee required
        under sections 1305 (relating to application for
        registration) and 1309 (relating to renewal of registration)
        and Subchapter B of Chapter 19 (relating to registration
        fees), the reissued registration plate shall be issued under
        section 1934 (relating to general reissuance).
            (2)  The program shall provide that [all] current
        registration plates issued under this section be replaced.
        The program may provide that the department provide for
        reissuance of registration plates on a staggered basis which
        will replace [all] registration plates issued under this
        section.
            (3)  The program may provide for the return of and the
        recycling of the older registration plates.
            [(4)  The program shall provide that at the end of a ten-
        year cycle no registration plate issued under this section be
        older than ten years.
            (5)  The program shall require annual reports to the
        Transportation Committee of the Senate and the Transportation
        Committee of the House of Representatives on the issue of
        registration avoidance.]
            (6)  The program may contain any other conditions,
        limitations, contractual arrangements or other factors which
        the department deems necessary to implement this subsection.
        Section 3.  Section 1333 of Title 75 is amended by adding a
     subsection to read:
      § 1333.  Lost, stolen, damaged or illegible registration plate.
        * * *
        (b.1)  Illegible registration plate.--The department may
     reissue a registration plate upon request by a registrant when
     it is determined by an authorized representative of the
     department or law enforcement that the registration plate is
     illegible from a reasonable distance. The department may select
     the style of the reissued registration plate and, except in the
     case of personal registration plates issued under section 1341
     (relating to special registration plates generally), the
     registration plate number.
        * * *
        Section 4.  Section 1510(a) and (b) of Title 75 are amended
     and the section is amended by adding a subsection to read:
      § 1510.  Issuance and content of driver's license.
        (a)  General rule.--The department shall, upon payment of the
     required fee, issue to every qualified applicant a driver's
     license indicating the type or general class of vehicles the
     licensee is authorized to drive and any endorsements or
     restrictions, which license, except as provided in subsection
     (j), shall contain a distinguishing number assigned by the
     department to the licensee, the actual name, date of birth,
     residence address, a color photograph or photographic facsimile
     of the licensee, such other information as may be required by
     the department, and either a facsimile of the signature of the
     licensee or a space upon which the licensee shall write his
     usual signature with pen and ink. Program participants in the
     Address Confidentiality Program under 23 Pa.C.S. Ch. 67
     (relating to domestic and sexual violence victim address
     confidentiality) may use a substitute address designated by the
     Office of Victim Advocate as their address. Personal medical
     data and other information for use in an emergency may be
     included as a part of the license. Information other than that
     required to identify the licensee, the distinguishing number and
     the class of license issued may be included in microdata form.
     Except as provided in subsection (f), an applicant shall include
     his Social Security number on his license application, but the
     Social Security number shall not be included on the license. No
     driver's license shall be valid until it has been signed by the
     licensee.
        (b)  Identification card.--The department shall, upon payment
     of the required fee, issue an identification card to any person
     ten years of age or older who has made application therefor in
     such manner as the department shall prescribe or whose driver's
     license has been surrendered to the department because of a
     suspension or revocation of an operating privilege under this or
     any other title. Program participants in the Address
     Confidentiality Program under 23 Pa.C.S. Ch. 67 may use a
     substitute address designated by the Office of Victim Advocate
     as their address. [The] Except as provided in subsection (j),
     the identification card shall have substantially the same
     content as a driver's license but shall clearly indicate that it
     is not a driver's license. Upon failure of any person to pass
     any examination required under section 1514 (relating to
     expiration and renewal of drivers' licenses), the department
     shall, where appropriate, issue a complimentary identification
     card as an expression of gratitude for years of safe driving.
     The card shall only be issued upon receipt of the person's
     driver's license.
        * * *
        (j)  Undercover credential.--The department may issue an
     undercover credential to Federal, State or local law enforcement
     officials. The department may establish guidelines concerning
     the issuance of such undercover credentials and shall take all
     reasonable steps to ensure the confidentiality of these licenses
     and their issuance.
        Section 5.  The definition of "conviction" in 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:
        * * *
        "Conviction."  For the purposes of this chapter, a conviction
     includes a finding of guilty or the entering of a plea of
     guilty, nolo contendere or the unvacated forfeiture of bail or
     collateral deposited to secure a person's appearance in court as
     determined by the law of the jurisdiction in which the
     prosecution was held. A payment of the fine or court cost or
     entering into an installment agreement to pay the fine or court
     cost for the violation by any person charged with a violation of
     this title is a plea of guilty. The term shall include the
     acceptance of Accelerated Rehabilitative Disposition or other
     preadjudication disposition for an offense or an unvacated
     finding of guilt or determination of violation of the law or
     failure to comply with the law by an authorized administrative
     tribunal. The term also includes a violation of a condition of
     release without bail, including the failure to pay a fine or
     appear in court to contest a citation. The term does not include
     a conviction which has been overturned or for which an
     individual has been pardoned.
        * * *
        Section 6.  Sections 1606 and 1607(b) of Title 75 are amended
     to read:
      § 1606.  Requirement for commercial driver's license.
        (a)  When required.--No person, except those specifically
     exempted in subsection (b), shall drive a commercial motor
     vehicle unless the person has been issued and is in immediate
     possession of a valid commercial driver's license and applicable
     endorsements valid for the vehicle he is driving.
        (b)  Exemptions.--The following persons are not required to
     obtain a commercial driver's license in order to drive the
     commercial motor vehicle specified:
            (1)  A person with a commercial driver learner's permit
        who is accompanied by the holder of a commercial driver's
        license valid for the vehicle being driven.
            (2)  A person in the service of the Armed Forces of the
        United States, including members of the Reserves and National
        Guard on active duty; personnel on full-time National Guard
        duty; and personnel on inactive National Guard duty training
        or part-time National Guard training and National Guard
        military technicians who are required to wear military
        uniforms [and are subject to the Uniform Code of Military
        Justice when operating equipment owned or operated by the
        Department of Defense]; and active duty United States Coast
        Guard personnel when operating commercial motor vehicles for
        military purposes.
            (3)  A person who is a volunteer or paid firefighter with
        a Class C license and who has a certificate of authorization
        from his fire chief while operating a fire or emergency
        vehicle registered to the fire department or municipality.
            (4)  Any member of a rescue or emergency squad who is the
        holder of a Class C license and who has a certificate of
        authorization from the head of the rescue or emergency squad
        while operating any rescue or emergency vehicle equipped with
        audible and visual signals registered to the rescue or
        emergency squad or municipality.
            (5)  A driver with a Class C license operating a farm
        vehicle which is controlled and operated by a farmer and used
        exclusively to transport agricultural products, farm
        machinery or farm supplies to or from a farm. The farm
        vehicle may not be used in the operations of a common or
        contract carrier and may be used only within a radius of 150
        miles of the farm.
            (6)  A driver with a Class C license operating a school
        bus, school vehicle or other commercial vehicle at the
        direction of authorized emergency management personnel in a
        time of declared Federal, State or local emergency. A person
        driving a school bus, school vehicle or other commercial
        vehicle pursuant to this paragraph shall not be subject to
        sanctions under the provisions of this chapter or section
        3742.1 (relating to accidents involving death or personal
        injury while not properly licensed).
        (c)  Prohibitions.--
            (1)  No person shall drive a commercial motor vehicle or
        a school vehicle during any period in which:
                (i)  his privilege to drive a commercial motor
            vehicle or a school vehicle in a state has been removed
            for any reason, including disqualification, until the
            person's commercial operating privilege has been
            restored;
                (ii)  his operating privilege is suspended, revoked,
            canceled or recalled until the person's operating
            privilege has been restored; or
                (iii)  [he] the driver or vehicle has been placed
            under an out-of-service order.
            (2)  No person who operates a commercial motor vehicle
        shall at any time have more than one commercial driver's
        license.
        (c.1)  Additional prohibitions.--No person shall drive a
     commercial motor vehicle during any period of time that the
     motor carrier has been placed under an out-of-service order.
        (d)  Penalties.--
            (1)  Except as provided in paragraph (6), a person who
        violates subsection (a) commits a summary offense and shall,
        upon conviction, be sentenced to pay a fine of $500. Except
        that, if the person charged furnishes satisfactory proof of
        having held a commercial driver's license valid on the last
        day of the preceding driver's license period and no more than
        60 days have elapsed from the last date of renewal, the fine
        shall be $100. Except as provided in paragraph (6), every
        person convicted of a second or subsequent violation of
        subsection (a) shall be sentenced to pay a fine of not less
        than $500 nor more than $1,500.
            (2)  A person who drives a commercial motor vehicle or a
        school vehicle while subject to disqualification commits a
        summary offense and shall, upon conviction, be sentenced to
        pay a fine of $500. Every person convicted of a second or
        subsequent violation of driving a commercial motor vehicle
        while subject to disqualification shall be sentenced to pay a
        fine of not less than $500 nor more than $1,500.
            (3)  A person who drives a commercial motor vehicle or a
        school vehicle while subject to disqualification under
        section 1611(b) or (e) (relating to disqualification) commits
        a summary offense and shall, upon conviction, be sentenced to
        pay a fine of $1,000 or to imprisonment for six months, or
        both.
            (4)  A person who drives a commercial motor vehicle or a
        school vehicle in violation of an out-of-service order issued
        under section 1612 (relating to commercial drivers prohibited
        from operating with any alcohol in system) commits a summary
        offense and shall, upon conviction, be sentenced to pay a
        fine of [not less than $1,100 nor more than $2,750] $2,500
        for a first offense and $5,000 for a second or subsequent
        offense.
            (5)  A person who drives a commercial motor vehicle or a
        school vehicle in violation of an out-of-service order (other
        than an out-of-service order issued under section 1612)
        commits a summary offense and shall, upon conviction, be
        sentenced to pay a fine of [$1,100] $2,500 for a first
        offense and $5,000 for a second or subsequent offense.
            (6)  No person shall be convicted of violating subsection
        (a) if the person produces at the office of the issuing
        authority within 15 days of the violation:
                (i)  a commercial driver's license valid in this
            Commonwealth at the time of the violation; or
                (ii)  if the commercial driver's license is lost,
            stolen, destroyed or illegible, evidence that the driver
            was licensed at the time of the violation and that
            application for a duplicate license had been made at the
            time of the violation.
            (7)  A person who drives a commercial motor vehicle in
        violation of subsection (c)(1)(ii) commits a summary offense
        and shall, upon conviction, be sentenced to pay a fine of
        $1,000.
            (8)  A person who drives a commercial motor vehicle in
        violation of subsection (c)(2) commits a summary offense and
        shall, upon conviction, be sentenced to pay a fine of $1,000.
        (e)  Convictions and fines cumulative.--Any violations
     brought under this section and fines imposed under this section
     shall be in addition to violations brought and fines imposed
     under any other sections of this title.
      § 1607.  Commercial driver's license qualification standards.
        * * *
        (b)  Waiver of test.--The department shall waive the skills
     test specified in this section for a commercial driver's license
     applicant [holding]:
            (1)  Holding a valid Class 2, 3 or 4 license who meets
        the requirements of Federal regulations. If permitted by
        Federal regulation, the department may waive the written test
        requirement for a commercial driver's license applicant
        holding a valid Class 2, 3 or 4 license.
            (2)  Who, subject to the limitations and requirements of
        49 CFR 383.77 (relating to substitute for driving skills
        tests), meets all certifications required for waiver under 49
        CFR 383.77 and who certifies all of the following:
                (i)  That the applicant is a member of the active or
            reserve components of any branch or unit of the armed
            forces of the United States or a veteran who received an
            honorable discharge from any branch or unit of the active
            or reserve components of the armed forces of the United
            States.
                (ii)  That the applicant is or was regularly employed
            in a position in the armed forces of the United States
            requiring operation of a commercial motor vehicle.
                (iii)  That the applicant has legally operated, for
            at least two years immediately preceding application for
            a commercial driver's license, a vehicle representative
            of the commercial motor vehicle the driver applicant
            operates or expects to operate, either under the
            exemption from this Commonwealth's commercial driver's
            license requirement provided by section 1606(b)(2)
            (relating to requirement for commercial driver's license)
            or the equivalent exemption of another state or while on
            active duty in a foreign jurisdiction.
        * * *
        Section 7.  Section 1611(a) introductory paragraph and (6),
     (b) and (c) of Title 75 are amended and the section is amended
     by adding subsections to read:
      § 1611.  Disqualification.
        (a)  [Disqualification for first] First violation of certain
     offenses.--Upon receipt of a report of conviction, the
     department shall, in addition to any other penalties imposed
     under this title, disqualify any person from driving a
     commercial motor vehicle or school vehicle for a period of one
     year for the first violation of:
            * * *
            (6)  section 1606(c) (relating to requirement for
        commercial driver's license)[, while their driving privilege
        is suspended, revoked, canceled or recalled or while subject
        to disqualification or in violation of an out-of-service
        order]; or
            * * *
        (b)  [Disqualification for offense while carrying hazardous
     materials.--The] Offenses involving hazardous materials or a
     bus.--Except as set forth in subsection (b.1), the department
     shall disqualify any person from driving a commercial motor
     vehicle for three years if any of the first offenses in
     subsection (a) or first refusal in section 1613 (relating to
     implied consent requirements for commercial motor vehicle
     drivers) occurred either while transporting a hazardous material
     required to be placarded[.] or while operating a vehicle
     designed to transport 16 or more passengers, including the
     driver.
        (b.1)  Offenses involving out-of-service orders and a bus or
     hazardous materials.--The department shall disqualify any person
     for two years for a first violation of operating a commercial
     motor vehicle while the driver or vehicle is subject to an out-
     of-service order if the violation occurred either while
     transporting a hazardous material required to be placarded, or
     while operating a vehicle designed to transport 16 or more
     passengers, including the driver.
        (c)  [Disqualification for two violations of certain
     offenses.--The] Two violations of certain offenses.--Except as
     set forth in subsection (c.1), the department shall disqualify
     for life any person convicted of two or more violations of any
     of the offenses specified in subsection (a), or the subject of
     two or more reports of test refusal as specified in section
     1613, or any combination of those offenses and/or refusals,
     arising from two or more separate and distinct incidents. Only
     offenses committed after the effective date of this chapter may
     be considered in applying this subsection.
        (c.1)  Subsequent violations of out-of-service orders.--The
     department shall disqualify any person from driving a commercial
     motor vehicle for three years for a second or subsequent
     violation in a ten-year period of driving while subject to an
     out-of-service order and for a period of five years if the
     offense occurred either while transporting a hazardous material
     required to be placarded, or while operating a vehicle designed
     to transport 16 or more passengers, including the driver.
        * * *
        (n)  Consecutive application.--All disqualifications shall be
     imposed consecutively.
        Section 8.  Section 1902 of Title 75 is amended by adding a
     paragraph to read:
      § 1902.  Exemptions from other fees.
        No fee shall be charged under this title for or to any of the
     following:
            * * *
            (10)  The reissuance of a registration plate, where the
        registration plate has been determined by an authorized
        representative of the department or law enforcement to be
        illegible from a reasonable distance.
        Section 9.  Sections 3368(b) and (d) and 4704(g) of Title 75
     are amended to read:
      § 3368.  Speed timing devices.
        * * *
        (b)  Testing of speedometers.--The department may appoint
     stations for testing speedometers and may prescribe regulations
     as to the manner in which the test shall be made. Speedometers
     shall have been tested for accuracy within a period of [60 days]
     one year prior to the alleged violation and immediately upon
     change of tire size. A certificate from the station showing that
     the test was made, the date of the test and the degree of
     accuracy of the speedometer shall be competent and prima facie
     evidence of those facts in every proceeding in which a violation
     of this title is charged.
        * * *
        (d)  Classification, approval and testing of mechanical,
     electrical and electronic devices.--The department may, by
     regulation, classify specific devices as being mechanical,
     electrical or electronic. All mechanical, electrical or
     electronic devices shall be of a type approved by the
     department, which shall appoint stations for calibrating and
     testing the devices and may prescribe regulations as to the
     manner in which calibrations and tests shall be made. The
     certification and calibration of electronic devices under
     subsection (c)(3) shall also include the certification and
     calibration of all equipment, timing strips and other devices
     which are actually used with the particular electronic device
     being certified and calibrated. [The] Electronic devices
     commonly referred to as electronic speed meters or radar shall
     have been tested for accuracy within a period of one year prior
     to the alleged violation. Other devices shall have been tested
     for accuracy within a period of 60 days prior to the alleged
     violation. A certificate from the station showing that the
     calibration and test were made within the required period[,] and
     that the device was accurate[,] shall be competent and prima
     facie evidence of those facts in every proceeding in which a
     violation of this title is charged.
        * * *
      § 4704.  Inspection by police or Commonwealth personnel.
        * * *
        [(g)  Limitations.--Farm trucks not required to be
     registered, implements of husbandry, special mobile equipment
     and trucks and truck tractors registered in class 4A or lower
     shall not be subject to the systematic vehicle inspections
     authorized under subsection (a).]
        * * *
        Section 9.1.  Sections 4903 and 4922 of Title 75 are amended
     by adding subsections to read:
      § 4903.  Securing loads in vehicles.
        * * *
        (c.3)  Load of equipment with hydraulically operated boom
     arm.--The boom arm of equipment with a hydraulically operated
     boom arm being transported through or within this Commonwealth
     shall be securely fastened to the vehicle with steel restraining
     devices to prevent its movement or shifting during transit.
        * * *
      § 4922.  Height of vehicles.
        * * *
        (d)  Penalty.--Any person convicted of operating a vehicle
     with a height greater than 13 feet 6 inches and traveling
     without a valid permit shall, upon conviction, pay a fine of
     $500.
        Section 9.2.  Sections 4968(a) intro. par. and (3.7) and
     6103(c) of Title 75 are amended to read:
      § 4968.  Permit for movement during course of manufacture.
        (a)  Annual permit.--An annual permit may be issued
     authorizing movement on specified highways of boats, trailers,
     mobile homes, modular housing units and undercarriages,
     helicopters, hot ingots, a hot box, basic oxygen furnace lances,
     railway equipment and rails or other articles, vehicles or
     combinations which exceed the maximum height, width or length
     specified in Subchapter B (relating to width, height and length)
     or self-propelled cranes or combinations carrying raw milk, raw
     coal, flat-rolled steel coils, steel slabs, hot ingots, a hot
     box, pulpwood and wood chips [for paper manufacture] or raw
     water which exceed the maximum weight specified in Subchapter C
     (relating to maximum weights of vehicles) while they are in the
     course of manufacture and under contract with or under the
     direct control of the manufacturer, subject to the following
     provisions:
            * * *
            (3.7)  A combination of vehicles which is hauling
        pulpwood or wood chips from a specified source to a [paper
        manufacturing site] pulp mill may be permitted by the
        department and local authorities to move upon specified
        highways within their respective jurisdictions subject to the
        following conditions:
                (i)  The vehicle must be a five axle combination -
            three axle truck tractor meeting the following
            characteristics:
                    (A)  Gross vehicular weight must not exceed
                95,000 pounds.
                    (B)  Maximum weight on steering axles shall be
                11,000 pounds.
                    (C)  Maximum weight on the truck-trailer tandem
                (axles two and three) shall be 42,000 pounds, with a
                maximum of 21,000 pounds on either axle in the group.
                    (D)  Maximum weight on the semitrailer tridem
                (axles four and five) shall be 42,000 pounds, with a
                maximum of 21,000 pounds on any axle in the group.
                    (E)  Minimum spacing between axle one and axle
                two shall be 12 feet 6 inches.
                    (F)  The center-to-center distance between the
                last drive axle of the truck tractor (axle three) and
                the first axle of the semitrailer (axle four) must be
                a minimum of 28 feet 0 inch.
                    (G)  Minimum spacing between tandem and tridem
                axles shall be 4 feet 0 inch.
                (ii)  The vehicle must be a six axle combination -
            three axle truck tractor meeting the following
            characteristics:
                    (A)  Gross vehicular weight must not exceed
                107,000 pounds.
                    (B)  Maximum weight on steering axles shall be
                12,000 pounds.
                    (C)  Maximum weight on the truck-tractor tandem
                (axles two and three) shall be 42,000 pounds, with a
                maximum of 21,000 pounds on either axle in the group.
                    (D)  Maximum weight on the semitrailer tridem
                (axles four, five and six) shall be 53,000 pounds,
                with a maximum of 17,670 pounds on any axle in the
                group.
                    (E)  Minimum spacing between axle one and axle
                two shall be 12 feet 6 inches.
                    (F)  The center-to-center distance between the
                last drive axle of the truck tractor (axle three) and
                the first axle of the semitrailer (axle four) must be
                a minimum of 45 feet 0 inch.
                    (G)  Minimum spacing between tandem and tridem
                axles shall be 4 feet 0 inch.
            No permit may be issued for this type of movement upon an
            interstate highway.
            * * *
      § 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
        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 trucks not
            required to be registered, special mobile equipment or
            implements of husbandry.]
                (ii)  No Federal statute, regulation, standard or
            criteria pertaining to drivers, including, but not
            limited to, minimum driver qualifications, maximum hours
            of service or driver records, shall be extended to cover
            farm trucks, except farm trucks carrying hazardous
            materials in an amount and type which require the vehicle
            to be placarded under Chapter 83 (relating to hazardous
            materials transportation).
            (2)  The regulations promulgated by the department under
        paragraph (1) may be modified, but shall, to the maximum
        extent possible, be consistent with safety and correspond to
        Federal regulations, standards or criteria.
        * * *
        Section 10.  The definition of "all-terrain vehicle" or "ATV"
     in section 7702 of Title 75 is amended to read:
      § 7702.  Definitions.
        The following words and phrases when used in this chapter
     shall have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        "All-terrain vehicle" or "ATV."  A motorized off-highway
     vehicle which travels on three or more inflatable tires and
     which has:
            (1)  a maximum width of 50 inches and a maximum dry
        weight of [800] 1,000 pounds; or
            (2)  a width which exceeds 50 inches or a dry weight
        which exceeds [800] 1,000 pounds.
     ATV's described in paragraph (1) may be referred to as Class I
     ATV's, and ATV's described in paragraph (2) may be referred to
     as Class II ATV's. This term does not include snowmobiles, trail
     bikes, motorboats, golf carts, aircraft, dune buggies,
     automobiles, construction machines, trucks or home utility
     machines; military, fire, emergency and law enforcement
     vehicles; implements of husbandry; multipurpose agricultural
     vehicles; vehicles used by the department; or any vehicle that
     is or is required to be registered under Chapter 13 (relating to
     registration of vehicles). In addition, this term does not
     include off-road motor vehicles used exclusively as utility
     vehicles for agricultural or business operations and
     incidentally operated or moved upon the highway.
        * * *
        Section 11.  This act shall take effect in 60 days.

     APPROVED--The 26th day of November, A. D. 2008.

     EDWARD G. RENDELL