Trial Engrossment of Amendment A05281 to Senate Bill 1171 P.N. 1829, Regular Session 2021-2022

HOUSE AMENDED

A05281

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1171

Session of

2022

INTRODUCED BY HUTCHINSON, BOSCOLA, KANE, MENSCH, J. WARD,

PITTMAN AND STEFANO, APRIL 1, 2022

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 28, 2022

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in size, weight and load, further providing for

RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES, FOR SECURING

LOADS IN VEHICLES AND FOR permit for movement during course

of manufacture; and, in powers of department 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 4968(a.2)(10)(i) introductory paragraph

and (ii) introductory paragraph of Title 75 of the Pennsylvania

Consolidated Statutes are amended to read:

SECTION 1. SECTION 4902(A)(5) OF TITLE 75 OF THE

PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED AND THE SUBSECTION

IS AMENDED BY ADDING A PARAGRAPH TO READ:

§ 4902. RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES.

(A) RESTRICTIONS BASED ON CONDITION OF HIGHWAY OR BRIDGE.--

* * *

(2.1) GOVERNMENT-OWNED VEHICLES, VEHICLES OF LOCAL

GOVERNMENT AGENCY CONTRACTORS PROVIDING MATERIAL FOR

MAINTENANCE AND DEPARTMENT CONTRACTORS ENGAGED IN OR

PROVIDING MATERIAL FOR CONSTRUCTION OR MAINTENANCE SHALL BE

EXEMPTED FROM RESTRICTIONS ON THE USE OF HIGHWAYS, EXCEPT

BRIDGES, IMPOSED UNDER THIS SUBSECTION IN ACCORDANCE WITH

DEPARTMENT REGULATIONS. THE FOLLOWING TYPES OF DOCUMENTS

SHALL CONSTITUTE EVIDENCE THAT A VEHICLE IS TRAVELING TO OR

FROM A SITE IN ACCORDANCE WITH THIS PARAGRAPH:

(I) A BILL OF LADING.

(II) A SHIPPING ORDER.

(III) A SERVICE ORDER OR OTHER DOCUMENT THAT

INDICATES THE ADDRESS OF THE SITE AND PURPOSE OF THE

TRIP.

* * *

(5) THE EXEMPTIONS AND RELATED REQUIREMENTS UNDER

PARAGRAPH (4) MAY REMAIN IN EXISTENCE ONLY UNTIL DECEMBER 31,

[2023] 2028. EXEMPTIONS FOR LOCAL DELIVERY OR PICKUP MAY NOT

INCLUDE TRAFFIC GOING TO OR COMING FROM A SITE AT WHICH

MINERALS, NATURAL GAS OR NATURAL RESOURCES ARE DEVELOPED,

HARVESTED OR EXTRACTED, NOTWITHSTANDING WHETHER THE SITE IS

LOCATED AT A RESIDENCE, A COMMERCIAL SITE OR ON FARMLAND.

DELIVERY OR PICKUP OF LOGS OR OTHER FOREST PRODUCTS TO OR

FROM PERMANENT PROCESSING MILLS LOCATED ON OR REACHABLE ONLY

THROUGH POSTED HIGHWAYS SHALL BE CONSIDERED LOCAL DELIVERY OR

PICKUP. DELIVERY OR PICKUP OF COAL TO OR FROM PERMANENT COAL

REPROCESSING OR PREPARATION PLANTS LOCATED ON OR REACHABLE

ONLY THROUGH POSTED HIGHWAYS AND NOT ON THE SAME POSTED

HIGHWAY AS A SITE AT WHICH COAL IS EXTRACTED SHALL BE

CONSIDERED LOCAL DELIVERY OR PICKUP.

* * *

A05281 - 2 -

SECTION 2. SECTIONS 4903(C.2) AND 4968(A.2)(10)(I)

INTRODUCTORY PARAGRAPH AND (II) INTRODUCTORY PARAGRAPH OF TITLE

75 ARE AMENDED TO READ:

§ 4903. SECURING LOADS IN VEHICLES.

* * *

(C.2) LOAD OF BALED GARBAGE.--GARBAGE, MUNICIPAL WASTE,

WASTE, REFUSE OR RUBBISH IN A TIGHTLY COMPACTED AND BALED FORM

BEING TRANSPORTED THROUGH OR WITHIN THIS COMMONWEALTH SHALL BE

SECURELY FASTENED TO THE VEHICLE AND COVERED OVER ALL EXPOSED

AREAS BY BEING PLACED WITHIN A WOVEN BAG OR WITH A CANVAS COVER

OR COVER OF A COMPARABLE TYPE [WHICH]. IF A CANVAS COVER OR

COVER OF A COMPARABLE TYPE IS USED, THE COVER SHALL BE SECURELY

ATTACHED TO THE UNDERSIDE OF ALL SIDES OF THE TRUCK, TRAILER OR

SEMITRAILER [TO PREVENT] BY STRAPS. A WOVEN BAG, CANVAS COVER OR

COVER OF A COMPARABLE TYPE SHALL HAVE THE PURPOSE OF PREVENTING

ANY OF THE MATERIAL FROM THE BALES FROM ESCAPING. NO PART OF ANY

BALE SHALL BE UNCOVERED, EXCEPT FOR INSPECTION, AT ANY TIME

DURING TRANSPORTATION WITHIN OR THROUGH THIS COMMONWEALTH UNTIL

ARRIVAL AT THE DISPOSAL SITE.

* * *

§ 4968. Permit for movement during course of manufacture.

* * *

(a.2) Specifications.--

* * *

(10) A combination of vehicles which is hauling pulpwood

or wood chips from a specified source to a 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 minimum five-axle

A05281 - 3 -

combination - three-axle truck tractor meeting the

following characteristics:

* * *

(ii) The vehicle must be a minimum six-axle

combination - three-axle truck tractor meeting the

following characteristics:

* * *

Section 3. Section 6103(c)(1) of Title 75 is amended and the

section is amended by adding a subsection to read:

§ 6103. Promulgation of rules and regulations by department.

* * *

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:

(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

A05281 - 4 -

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

or used to transport 16 or more people, including the

driver.

(v) For purposes of [this paragraph] subparagraphs

(iii) and (iv), 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.

(vi) No Federal statute, regulation, standard or

criteria shall be extended to cover a motor vehicle

transporting property along a highway in this

Commonwealth , regardless of whether the motor vehicle is

operated as a combination, provided that all of the

following criteria are met :

(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;

A05281 - 5 -

(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;

or used to transport 16 or more people, including the

driver ; and

(D) the motor vehicle or combination is being

used to transport property, including a vehicle, to

or from an amateur competitive event, regardless of

whether the motor vehicle or combination owner is

sponsored for participation in the amateur

competitive event.

* * *

(f) Definition.--As used in this section, the term "amateur

competitive event" shall mean a competition, tournament or

athletic event, including motorsports, where the competitors'

participation is not the result of an employment contract that

requires participation in the competitive event, notwithstanding

the receipt of prize money or sponsorship.

Section 2 3 4. This act shall take effect in 60 days.

A05281 - 6 -