PRINTER'S NO. 529
No. 491 Session of 2001
INTRODUCED BY MAITLAND, BELARDI, CLARK, FLEAGLE, GEORGE,
GRUCELA, LEDERER, NAILOR, ROSS, SATHER, SOLOBAY, STABACK,
TIGUE AND HORSEY, FEBRUARY 6, 2001
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 6, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for securing loads in vehicles.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 4903(f) of Title 75 of the Pennsylvania
6 Consolidated Statutes is amended and the section is amended by
7 adding subsections to read:
8 § 4903. Securing loads in vehicles.
9 * * *
10 (c.3) Load of loose material.--Every load of loose material
11 being transported through or within this Commonwealth shall be
12 transported in a vehicle with four solid sides and with a cover
13 or top of a type to prevent any of the load from escaping. The
14 load shall be no higher than the solid sides of the vehicle. No
15 truck, trailer or semitrailer with an open body or stake body
16 shall be used for such purposes.
17 (c.4) Definition.--For the purposes of subsection (c.3),
1 "loose material" is defined to include, but not be limited to,
2 sand, gravel, dirt, lime, coal, culm, potash, coke or other
3 material that can blow, fall or spill from a vehicle as a result
4 of movement or of exposure to air, wind or weather. The
5 definition does not include:
6 (1) any substance which is being spread for highway
7 maintenance or construction; or
8 (2) agricultural products, including live or slaughtered
9 birds or animals, hay, straw, wood chips or wood mulch.
10 * * *
11 (f) Penalty for violation of subsection (a), (b) [or (c)],
12 (c) or (c.3).--A person who owns or who operates a vehicle in
13 violation of subsection (a), (b) [or (c)], (c) or (c.3) and, as
14 a result of the violation, any item, piece, fragment or part of
15 the load escapes and causes injury to a person or damage to
16 another vehicle or other property commits a summary offense and
17 shall, upon conviction, be sentenced to pay a fine of not less
18 than $300 nor more than $1,000. A violation of subsection (a),
19 (b) or (c) which does not result in injury to a person or damage
20 to another vehicle or other property constitutes a summary
21 offense, punishable by a fine of not less than $100 nor more
22 than $300. A violation of subsection (c.3) by a vehicle which is
23 not a commercial vehicle as defined by section 1603 (relating to
24 definitions) and which does not result in injury to a person or
25 damage to another vehicle or other property constitutes a
26 summary offense, punishable by a fine of not less than $20 nor
27 more than $50. A violation of subsection (c.3) by a vehicle
28 which is a commercial vehicle as defined by section 1603 and
29 which does not result in injury to a person or damage to another
30 vehicle or other property constitutes a summary offense,
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1 punishable by a fine of not less than $100 nor more than $300.
2 * * *
3 Section 2. This act shall take effect in 60 days.
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