SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY TALLMAN, READSHAW, BARRAR, BELFANTI, D. COSTA, EVERETT, FABRIZIO, FARRY, GEORGE, GILLESPIE, GROVE, HESS, HICKERNELL, HORNAMAN, KORTZ, MARSHALL, MATZIE, MILLARD, MILLER, MOUL, MURT, OBERLANDER, PASHINSKI, ROAE, SAYLOR, SIPTROTH, SOLOBAY, SWANGER, J. TAYLOR, VULAKOVICH, BEYER AND HENNESSEY, FEBRUARY 8, 2010

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JULY 1, 2010   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for definitions; providing for

permissible argument as to amount of damages; further

providing for annual hauling permits, for permit for movement

<--

during course of manufacture, for conditions of permits and

security for damages and for permit for movement of bulk

refined oil; providing for permit for movement of

nonhazardous liquid glue and for permit for movement of waste

tires; further providing for promulgation of rules and

regulations by department, for duty of driver in emergency

response areas, for careless driving, for snow and ice

dislodged or falling from moving vehicle and for sentencing

for homicide by vehicle; providing for the offense of

aggravated assault by vehicle; further providing for

aggravated assault by vehicle while driving under the

influence, for accident involving death or personal injury

while not properly licensed and for accident scene clearance; 

and imposing penalties.

RESOLVED, That this act may be referred to as the Sgt.

Michael C. Weigand Law.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 102 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding definitions 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:

* * *

"Emergency service responder."  An individual acting in an

official capacity as any of the following:

(1)  A police officer.

(2)  A sheriff or deputy sheriff.

(3)  A coroner or deputy coroner.

(4)  A firefighter.

(5)  Fire police.

(6)  A fire marshal.

(7)  A medical examiner or deputy medical examiner.

(8)  Rescue personnel.

(9)  Ambulance personnel.

(10)  Towing and recovery personnel.

(11)  Highway maintenance and construction personnel.

(12)  Hazardous material response team member.

(13)  Emergency medical services personnel.

* * *

"Serious bodily injury."  Any bodily injury which creates a

substantial risk of death or which causes serious, permanent

disfigurement or protracted loss or impairment of the function

of any bodily member or organ.

Section 1.1.  Title 75 is amended by adding a section to

read:

§ 1794.1.  Permissible argument as to amount of damages.

(a)  General rule.--In any action for damages against a

tortfeasor, or in any uninsured or underinsured motorist

proceeding, arising out of the maintenance or use of a motor

vehicle and tried before a judge, jury or other tribunal, a

party may make any of the following arguments during closing

argument if the party complied with subsection (b) or if the

judge, jury or other tribunal has requested that the argument be

made:

(1)  Specifically argue in lump sums or by mathematical

formula the amount the party deems to be the appropriate

award for all past and future economic damages, noneconomic

damages, or both, claimed to be recoverable.

(2)  Argue that an award of zero damages is appropriate,

even if there is a finding of liability against the

defendant.

(b)  Disclosure.--The following shall apply:

(1)  Except as provided under paragraph (2), a party may

not argue specific award amounts by lump sum or mathematical

formula as provided under subsection (a), unless the party

first discloses to the court and opposing counsel, prior to

the presentation of closing arguments, that the party intends

to argue specific award amounts under subsection (a).

(2)  Notwithstanding paragraph (1), arguments as to an

appropriate award amount for economic damages may be made

without notice to opposing counsel or the court if evidence

supporting an award for economic damages has been admitted

into evidence at trial.

(c)  Facts and evidence.--Nothing in this section shall be

construed to prevent a defendant from arguing that the facts and

evidence admitted at trial support a finding of no liability.

(d)  Jury instruction.--In a civil action tried before a

jury, if an appropriate award amount is specifically argued

during closing arguments as provided for under subsection (a),

the trial court shall instruct the jury that specific award

amounts argued are not evidence but only the argument of a party

and that the determination of the amount of damages to be

awarded, if any, is solely for the jury's determination.

Section 1.2.  Section 1943(m) of Title 75 is amended and the

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section is amended by adding subsections to read:

§ 1943.  Annual hauling permits.

* * *

(m)  Bulk refined oil.--The annual fee for movement of bulk

refined oil, as provided for in section 4979.1 (relating to

permit for movement of bulk refined oil), shall be [$800.]:

(1)  $800 for a distance up to 50 miles.

(2)  $1,600 for a distance of more than 50 miles up to

125 miles.

* * *

(q.1)  Nonhazardous liquid glue.--The annual fee for the

movement of nonhazardous liquid glue, as provided for in section

4979.5 (relating to permit for movement of nonhazardous liquid

glue), shall be $800.

(q.2)  Waste tires.--The annual fee for the movement of waste

tires under section 4979.6 (relating to permit for movement of

waste tires) shall be $800.

* * *

Section 2.  Sections 3327(b.1) and (f), 3714(d), 3720 and 

3732(b) of Title 75 are amended to read:

§ 3327.  Duty of driver in emergency response areas.

* * *

(b.1)  Suspension of operating privilege.--The department

shall suspend the operating privilege of any person for 90 days

upon receiving a certified record of the driver's conviction,

adjudication of delinquency or admission into a preadjudication

program for a violation of subsection (a), if the certified

conviction indicates the violation resulted in serious bodily 

injury to another person. The license shall be surrendered in

accordance with section 1540 (relating to surrender of license).

* * *

(f)  [Definitions] Definition.--As used in this section, [the

following words and phrases shall have the meanings given to

them in this subsection:

"Emergency response area."  The] the term "emergency response

area" means the area in which emergency service responders

render emergency assistance to individuals on or near a roadway

or a police officer is conducting a traffic stop or systematic

check of vehicles or controlling or directing traffic as long as

the emergency vehicle is making use of visual signals meeting

the requirements of Subchapter D of Chapter 45.

["Emergency service responder."  An individual acting in an

official capacity as police officer, sheriff, deputy sheriff,

coroner, deputy coroner, firefighter, fire police, fire marshal,

medical examiner, deputy medical examiner, rescue personnel,

ambulance personnel, towing and recovery personnel, highway

maintenance and construction personnel, hazardous material

response team member or emergency medical service personnel.

"Serious injury."  A personal injury resulting in death,

serious impairment of body function or permanent serious

disfigurement.]

§ 3714.  Careless driving.

* * *

[(d)  Definition.--As used in this section, "serious bodily

injury" means any bodily injury which creates a substantial risk

of death or which causes serious, permanent disfigurement or

protracted loss or impairment of the function of any bodily

member or organ.]

§ 3720.  Snow and ice dislodged or falling from moving vehicle.

When snow or ice is dislodged or falls from a moving vehicle

and strikes another vehicle or pedestrian causing death or

serious bodily injury [as defined in section 3742 (relating to

accidents involving death or personal injury)], the operator of

the vehicle from which the snow or ice is dislodged or falls

shall be subject to a fine of not less than $200 nor more than

$1,000 for each offense.

§ 3732.  Homicide by vehicle.

* * *

(b)  Sentencing.--

(1)  In addition to any other penalty provided by law, a

person convicted of a violation of subsection (a) may be

sentenced to an additional term not to exceed five years'

confinement if at trial the prosecution proves beyond a

reasonable doubt that the offense occurred in an active work

zone [as defined in section 102 (relating to definitions)].

(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 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 3325 or 3327 may be sentenced

to an additional term not to exceed five years' confinement

when the violation resulted in death.

(2)  The prosecution must indicate intent to proceed

under this section in the indictment or information which

commences the prosecution.

(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 [as defined in section 102] or was the

result of a violation of section 3325 or 3327.

Section 3.  Title 75 is amended by adding a section to read:

§ 3732.1.  Aggravated assault by vehicle.

(a)  Offense.--Any person who recklessly or with gross

negligence causes serious bodily injury to another person while

engaged in the violation of any law of this Commonwealth or

municipal ordinance applying to the operation or use of a

vehicle or to the regulation of traffic, except section 3802

(relating to driving under influence of alcohol or controlled

substance), is guilty of aggravated assault by vehicle, a felony

of the third degree when the violation is the cause of the

injury.

(b)  Sentencing.--

(1)  In addition to any other penalty provided by law, a

person convicted of a violation of subsection (a) may be

sentenced to an additional term not to exceed two years'

confinement if at trial the prosecution proves beyond a

reasonable doubt that the offense occurred in an active work

zone.

(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 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 3325 or 3327 may be sentenced

to an additional term not to exceed two years' confinement

when the violation resulted in serious bodily injury.

(3)  The prosecution must indicate intent to proceed

under this section in the indictment or information which

commences the prosecution.

(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

section 3325 or 3327.

Section 4.  Sections 3735.1(b), 3742(d), 3742.1(c) and

3745.1(a) of Title 75 are amended to read:

§ 3735.1.  Aggravated assault by vehicle while driving under the

influence.

* * *

[(b)  Definition.--As used in this section, the term "serious

bodily injury" means any bodily injury which creates a

substantial risk of death or which causes serious, permanent

disfigurement or protracted loss or impairment of the function

of any bodily member or organ.]

§ 3742.  Accidents involving death or personal injury.

* * *

[(d)  Definitions.--As used in this section, the term

"serious bodily injury" means any bodily injury which creates a

substantial risk of death or which causes serious, permanent

disfigurement or protracted loss or impairment of the function

of any bodily member or organ.]

§ 3742.1.  Accidents involving death or personal injury while

not properly licensed.

* * *

[(c)  Definitions.--As used in this section, the term

"serious bodily injury" means any bodily injury which creates a

substantial risk of death or which causes serious, permanent

disfigurement or protracted loss or impairment of the function

of any bodily member or organ.]

§ 3745.1.  Accident scene clearance.

(a)  General rule.--Notwithstanding any other provision of

law to the contrary, the driver of any vehicle in an accident

that does not result in apparent serious bodily injury or death

shall immediately remove the vehicle from the roadway to a safe

refuge on the shoulder, emergency lane or median or to a place

otherwise removed from the roadway whenever, in the judgment of

the driver:

(1)  The motor vehicle does not require towing and can be

normally and safely driven under its own power in its

customary manner without further damage or hazard to the

motor vehicle, traffic elements or the roadway.

(2)  The motor vehicle can be moved safely.

* * *

Section 4.1.  Section 4962(f) of Title 75 is amended to read:

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§ 4962.  Conditions of permits and security for damages.

* * *

(f)  When loads permitted.--Only vehicles and combinations

permitted under the following provisions shall be authorized to

carry or haul loads while operating under the permit:

Section 4961(a)(2), (3) and (6) (relating to authority to

issue permits).

Section 4965 (relating to single permits for multiple

highway crossings).

Section 4968 (relating to permit for movement during

course of manufacture).

Section 4974 (relating to permit for movement of

containerized cargo).

Section 4975 (relating to permit for movement of special

mobile equipment).

Section 4976 (relating to permit for movement of domestic

animal feed).

Section 4976.1 (relating to permit for movement of live

domestic animals).

Section 4977 (relating to permit for movement of wooden

structures).

Section 4978 (relating to permit for movement of building

structural components).

Section 4979 (relating to permit for movement of

particleboard or fiberboard used in the manufacture of ready-

to-assemble furniture).

Section 4979.1 (relating to permit for movement of bulk

refined oil).

Section 4979.2 (relating to permit for movement of waste

coal and beneficial combustion ash).

Section 4979.3 (relating to permit for movement of float

glass or flat glass for use in construction and other end

uses).

Section 4979.4 (relating to permit for movement of self-

propelled cranes).

Section 4979.5 (relating to permit for movement of

nonhazardous liquid glue).

* * *

Section 4.2.  Section 4968(a) of Title 75 is amended and the

section is amended by adding subsections 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 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:

(1)  Except for articles and vehicles not exceeding 102

inches in width, no permit shall be issued under this section

for movement of articles or vehicles while they are in

transit from the manufacturer to a purchaser or dealer or for

the movement of articles or vehicles upon a freeway.

(2)  Overwidth articles and vehicles:

(i)  Articles and vehicles not wider than 102 inches

may be moved any distance on a permit.

(ii)  Articles and vehicles wider than 102 inches but

not wider than 108 inches may be moved up to seven miles

on a permit 24 hours per day, seven days a week.

(iii)  Articles and vehicles wider than 102 inches

but not in excess of 12 feet in width may be moved up to

50 miles on a permit.

(iv)  Wider articles and vehicles may be moved no

farther than ten miles on a permit.

(3)  A combination of vehicles which is hauling flat-

rolled steel coils or steel slabs may be permitted by the

department and local authorities to move upon highways within

their respective jurisdiction a distance not exceeding 50

miles if the gross weight does not exceed 100,000 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.

(3.1)  A combination of vehicles which is hauling raw

milk to or from a manufacturer may be permitted by the

department and local authorities to move upon highways within

their respective jurisdiction 24 hours a day, seven days a

week, except during inclement weather as defined in

department regulations, if the gross weight does not exceed

95,000 pounds and if 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.

(3.2)  A combination of vehicles which is hauling a hot

ingot or a hot box may be permitted by the department and

local authorities to move upon highways within their

respective jurisdiction a distance not exceeding 25 miles if

the gross weight does not exceed 150,000 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.

(3.3)  A combination of vehicles which is hauling basic

oxygen furnace lances may be permitted by the department and

local authorities to move upon highways within their

respective jurisdictions if the overall length does not

exceed 90 feet. A vehicle operating under a permit authorized

under this section may be driven 24 hours a day, seven days a

week, if the vehicle or combination is operated at prevailing

speeds. Movement under this paragraph is not authorized

during any of the following:

(i)  A holiday period specified in department

regulations or in the permit.

(ii)  Inclement weather, as defined in department

regulations.

(3.4)  A self-propelled crane which is being road tested

may be permitted by the department and local authorities to

move upon highways within their respective jurisdictions a

distance not exceeding 15 miles if the gross weight does not

exceed 150,000 pounds and the weight on any axle does not

exceed 27,000 pounds.

(3.5)  A combination of vehicles which is hauling raw

coal from a mine to a processing or preparation facility may

be permitted by the department and local authorities to move

upon highways within their respective jurisdictions a

distance not exceeding 30 miles if the gross weight does not

exceed 95,000 pounds and if 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.

(3.6)  A combination of vehicles which is hauling raw

water from a spring to a bottling facility 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 six axle combination -

three axle truck tractor.

(ii)  Gross vehicular weight must not exceed 96,900

pounds.

(iii)  Maximum weight on steering axles shall be

11,000 pounds.

(iv)  Maximum weight on the truck-tractor tandem

(axles two and three) shall be 38,000 pounds, with a

maximum of 19,500 pounds on either axle in the group.

(v)  Maximum weight on the semitrailer tridem (axles

four, five and six) shall be 47,700 pounds, with a

maximum of 16,400 pounds on any axle in the group.

(vi)  Minimum spacing between axle one and axle two

shall be 12 feet 11 inches.

(vii)  The center-to-center distance between the last

drive axle of the truck tractor (axle three) and the

first axle of semitrailer (axle 4) must be a minimum of

26 feet 7 inches.

(viii)  Minimum spacing between tandem and tridem

axles shall be 4 feet 1 inch.

No permit may be issued for this type of movement upon an

interstate highway.

(3.7)  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 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.

(4)  A permit may be denied or revoked in order to

preserve the safety of highway users or to protect the

structural integrity of highways or bridges or as otherwise

authorized by department regulations.]

(a.1)  General rule.--An annual permit may be issued

authorizing movement on specified highways of:

(1)  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) 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 weight specified in Subchapter C (relating to

maximum weights of vehicles) unless they also qualify under

paragraph (3);

(2)  self-propelled cranes while they are in the course

of manufacture and under contract with or under the direct

control of the manufacturer; or

(3)  aircraft refueling vehicles or vehicles and

combinations carrying raw milk, raw coal, flat-rolled steel

coils, steel slabs, hot ingots, a hot box, pulpwood and wood

chips or raw water 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.--

(1)  Except for articles and vehicles not exceeding 102

inches in width, no permit shall be issued under this section

for movement of articles or vehicles while they are in

transit from the manufacturer to a purchaser or dealer or for

the movement of articles or vehicles upon a freeway.

(2)  Overwidth articles and vehicles:

(i)  Articles and vehicles not wider than 102 inches

may be moved any distance on a permit.

(ii)  Articles and vehicles wider than 102 inches but

not wider than 108 inches may be moved up to seven miles

on a permit 24 hours per day, seven days a week.

(iii)  Articles and vehicles wider than 102 inches

but not in excess of 12 feet in width may be moved up to

50 miles on a permit.

(iv)  Wider articles and vehicles may be moved no

farther than ten miles on a permit.

(3)  A combination of vehicles which is hauling flat-

rolled steel coils or steel slabs may be permitted by the

department and local authorities to move upon highways within

their respective jurisdictions a distance not exceeding 50

miles if the gross weight does not exceed 100,000 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.

(4)  A combination of vehicles which is hauling raw milk

to or from a manufacturer may be permitted by the department

and local authorities to move upon highways within their

respective jurisdictions 24 hours a day, seven days a week,

except during inclement weather as defined in department

regulations, if the gross weight does not exceed 95,000

pounds and if 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.

(5)  A combination of vehicles which is hauling a hot

ingot or a hot box may be permitted by the department and

local authorities to move upon highways within their

respective jurisdictions a distance not exceeding 25 miles if

the gross weight does not exceed 150,000 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.

(6)  A combination of vehicles which is hauling basic

oxygen furnace lances may be permitted by the department and

local authorities to move upon highways within their

respective jurisdictions if the overall length does not

exceed 90 feet. A vehicle operating under a permit authorized

under this section may be driven 24 hours a day, seven days a

week, if the vehicle or combination is operated at prevailing

speeds. Movement under this paragraph is not authorized

during any of the following:

(i)  A holiday period specified in department

regulations or in the permit.

(ii)  Inclement weather, as defined in department

regulations.

(7)  A self-propelled crane which is being road tested

may be permitted by the department and local authorities to

move upon highways within their respective jurisdictions a

distance not exceeding 15 miles if the gross weight does not

exceed 150,000 pounds and the weight on any axle does not

exceed 27,000 pounds.

(8)  A combination of vehicles which is hauling raw coal

from a mine to a processing or preparation facility may be

permitted by the department and local authorities to move

upon highways within their respective jurisdictions a

distance not exceeding 30 miles if the gross weight does not

exceed 95,000 pounds and if 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.

(9)  A combination of vehicles which is hauling raw water

from a spring to a bottling facility 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 six axle combination -

three axle truck tractor.

(ii)  Gross vehicular weight must not exceed 96,900

pounds.

(iii)  Maximum weight on steering axles shall be

11,000 pounds.

(iv)  Maximum weight on the truck-tractor tandem

(axles two and three) shall be 38,000 pounds, with a

maximum of 19,500 pounds on either axle in the group.

(v)  Maximum weight on the semitrailer tridem (axles

four, five and six) shall be 47,700 pounds, with a

maximum of 16,400 pounds on any axle in the group.

(vi)  Minimum spacing between axle one and axle two

shall be 12 feet 11 inches.

(vii)  The center-to-center distance between the last

drive axle of the truck tractor (axle three) and the

first axle of semitrailer (axle four) must be a minimum

of 26 feet 7 inches.

(viii)  Minimum spacing between tandem and tridem

axles shall be 4 feet 1 inch.

No permit may be issued for this type of movement upon an

interstate highway.

(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 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.

(11)  An aircraft refueling vehicle manufactured for the

United States Department of Defense which is being road

tested and carrying a load required under contract with the

Department of Defense as part of the road test procedure may

be permitted by the department and local authorities to move

upon highways within their respective jurisdictions a

distance not exceeding 35 miles if, for a three axle vehicle,

the gross weight does not exceed 70,000 pounds and the weight

on any axle does not exceed 26,000 pounds. No permit may be

issued for this type of movement upon an interstate highway.

(12)  A permit may be denied or revoked in order to

preserve the safety of highway users or to protect the

structural integrity of highways or bridges or as otherwise

authorized by department regulations.

* * *

Section 4.3.  Section 4979.1 of Title 75 is amended to read:

§ 4979.1.  Permit for movement of bulk refined oil.

An annual permit may be issued authorizing the movement on

specified highways of refined oil in bulk between a refinery and

a distribution facility which exceeds the maximum vehicle gross

weight specified in Subchapter C (relating to maximum weights of

vehicles). Permits issued under this section shall not exceed a

distance of [50] 125 miles. The weight of any vehicle permitted

under this section may not exceed 107,000 pounds overall gross

weight and shall have the following maximum axle weight limits

for all nonsteering axles:

No permit may be issued for this type of movement upon an

interstate highway.

Section 4.4.  Title 75 is amended by adding sections to read:

§ 4979.5.  Permit for movement of nonhazardous liquid glue.

An annual permit may be issued authorizing the movement on

specified highways of nonhazardous liquid glue in bulk between a

chemical plant and a particleboard or fiberboard manufacturing

facility which exceeds the maximum vehicle gross weight

specified in Subchapter C (relating to maximum weights of

vehicles). Permits issued under this section shall not exceed a

distance of 75 miles. The weight of any vehicle permitted under

this section may not exceed 105,000 pounds overall gross weight

and shall have the following maximum axle weight limits for all

nonsteering axles:

No permit may be issued for this type of movement upon an

interstate highway.

§ 4979.6.  Permit for movement of waste tires.

An annual permit may be issued for the movement on specified

highways of waste tires and tire derived-fuel, chipped tires,

from a refuse pile to a preparation or power production facility

which exceeds the maximum vehicle gross weight specified in

Subchapter C (relating to maximum weights of vehicles). The

weight of any vehicle permitted under this section may not

exceed 95,000 pounds overall gross weight, and the weight on any

nonsteering axle may not exceed 21,000 pounds. No permit may be

issued for this type of movement upon an interstate highway.

Section 4.5.  Section 6103(c) of Title 75 is amended to read:

§ 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:

(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.

(3)  The department shall promulgate regulations adopting

by reference all exemptions permitted for farm vehicles,

tractors and other implements of husbandry, and for drivers

of farm vehicles, tractors and other implements of husbandry

under any Federal statute, regulation, standard or criteria

or provision thereof.

* * *

Section 4.6.  The provisions of 67 Pa. Code Ch. 231 are

abrogated with respect to vehicles for which drivers for whom

the department is required to exempt under 75 Pa.C.S. § 6103(c)

(3).

Section 5.  This act shall take effect as follows:

(1)  This section shall take effect immediately.

(2)  The addition of 75 Pa.C.S. § 1794.1 shall take

effect in 30 days.

(3)  The amendment of 75 Pa.C.S. § 6103(c) shall take

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effect immediately.

(3) (4)  The remainder of this act shall take effect in

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60 days.