See other bills
under the
same topic
                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 397, 1263, 4430          PRINTER'S NO. 4509

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 347 Session of 2007


        INTRODUCED BY COSTA, BELFANTI, BIANCUCCI, CALTAGIRONE, CAPPELLI,
           CARROLL, CREIGHTON, ELLIS, FABRIZIO, GERGELY, GOODMAN,
           GRUCELA, HUTCHINSON, JAMES, KOTIK, MAHONEY, McILHATTAN,
           M. O'BRIEN, PETRONE, RAPP, RAYMOND, SCAVELLO, SOLOBAY,
           YOUNGBLOOD, YUDICHAK, BARRAR, PICKETT, GEIST, SIPTROTH,
           HORNAMAN, MURT, LONGIETTI, HARPER, KORTZ AND PALLONE,
           FEBRUARY 9, 2007

        SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, OCTOBER 6, 2008

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, IN GENERAL PROVISIONS, FURTHER PROVIDING FOR         <--
     3     DEFINITIONS; IN REGISTRATION OF VEHICLES, FURTHER PROVIDING    <--
     4     FOR ISSUANCE AND REISSUANCE OF REGISTRATION PLATES AND FOR
     5     LOST, STOLEN, DAMAGED OR ILLEGIBLE REGISTRATION PLATE; IN      <--
     6     LICENSING OF DRIVERS, FURTHER PROVIDING FOR ISSUANCE AND
     7     CONTENT OF DRIVER'S LICENSE; IN COMMERCIAL DRIVERS, further
     8     providing for DEFINITIONS FOR REQUIREMENT FOR COMMERCIAL       <--
     9     DRIVER'S LICENSE, FOR commercial driver's license
    10     qualification standards AND FOR DISQUALIFICATION; IN FEES,     <--
    11     FURTHER PROVIDING FOR EXEMPTIONS FROM OTHER FEES; IN RULES OF
    12     THE ROAD IN GENERAL, FURTHER PROVIDING FOR SPEED TIMING
    13     DEVICES; IN INSPECTION OF VEHICLES, FURTHER PROVIDING FOR
    14     INSPECTION BY POLICE OR COMMONWEALTH PERSONNEL; IN SIZE,       <--
    15     WEIGHT AND LOAD, FURTHER PROVIDING FOR SECURING LOADS IN
    16     VEHICLES, FOR HEIGHT OF VEHICLES AND FOR PERMIT FOR MOVEMENT
    17     DURING COURSE OF MANUFACTURE; IN POWERS OF DEPARTMENT AND
    18     LOCAL AUTHORITIES, FURTHER PROVIDING FOR PROMULGATION OF
    19     RULES AND REGULATIONS BY DEPARTMENT; AND IN SNOWMOBILES AND
    20     ALL-TERRAIN VEHICLES, FURTHER PROVIDING FOR DEFINITIONS.

    21     The General Assembly of the Commonwealth of Pennsylvania
    22  hereby enacts as follows:
    23     Section 1.  Section 1607(b) of Title 75 of the Pennsylvania    <--


     1  Consolidated Statutes is amended to read:
     2     SECTION 1.  SECTION 1331(F) OF TITLE 75 OF THE PENNSYLVANIA    <--
     3  CONSOLIDATED STATUTES IS AMENDED TO READ:
     4     SECTION 1.  THE DEFINITION OF "MOTOR VEHICLE" IN SECTION 102   <--
     5  OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED
     6  TO READ:
     7  § 102.  DEFINITIONS.
     8     SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
     9  PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
    10  PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
    11  USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
    12  INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
    13     * * *
    14     "MOTOR VEHICLE."  A VEHICLE WHICH IS SELF-PROPELLED EXCEPT AN
    15  ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE OR A VEHICLE WHICH
    16  IS PROPELLED SOLELY BY HUMAN POWER [OR BY ELECTRIC POWER
    17  OBTAINED FROM OVERHEAD TROLLEY WIRES, BUT NOT OPERATED UPON
    18  RAILS].
    19     * * *
    20     SECTION 2.  SECTION 1331(F) OF TITLE 75 IS AMENDED TO READ:
    21  § 1331.  ISSUANCE AND REISSUANCE OF REGISTRATION PLATES.
    22     * * *
    23     (F)  PERIODIC REISSUANCE OF REGISTRATION PLATES.--THE
    24  DEPARTMENT SHALL DEVELOP, IMPLEMENT AND ADMINISTER A PROGRAM TO
    25  PROVIDE FOR THE REISSUANCE OF [ALL] CURRENT REGISTRATION PLATES
    26  PREVIOUSLY ISSUED UNDER THIS SECTION. THE PROGRAM TO BE
    27  ESTABLISHED UNDER THIS SUBSECTION SHALL ADDRESS [ALL OF] THE
    28  FOLLOWING CRITERIA:
    29         (1)  OTHER THAN THE ANNUAL REGISTRATION FEE REQUIRED
    30     UNDER SECTIONS 1305 (RELATING TO APPLICATION FOR
    20070H0347B4509                  - 2 -     

     1     REGISTRATION) AND 1309 (RELATING TO RENEWAL OF REGISTRATION)
     2     AND SUBCHAPTER B OF CHAPTER 19 (RELATING TO REGISTRATION
     3     FEES), THE REISSUED REGISTRATION PLATE SHALL BE ISSUED UNDER
     4     SECTION 1934 (RELATING TO GENERAL REISSUANCE).
     5         (2)  THE PROGRAM SHALL PROVIDE THAT [ALL] CURRENT
     6     REGISTRATION PLATES ISSUED UNDER THIS SECTION BE REPLACED.
     7     THE PROGRAM MAY PROVIDE THAT THE DEPARTMENT PROVIDE FOR
     8     REISSUANCE OF REGISTRATION PLATES ON A STAGGERED BASIS WHICH
     9     WILL REPLACE [ALL] REGISTRATION PLATES ISSUED UNDER THIS
    10     SECTION.
    11         (3)  THE PROGRAM MAY PROVIDE FOR THE RETURN OF AND THE
    12     RECYCLING OF THE OLDER REGISTRATION PLATES.
    13         [(4)  THE PROGRAM SHALL PROVIDE THAT AT THE END OF A TEN-
    14     YEAR CYCLE NO REGISTRATION PLATE ISSUED UNDER THIS SECTION BE
    15     OLDER THAN TEN YEARS.
    16         (5)  THE PROGRAM SHALL REQUIRE ANNUAL REPORTS TO THE
    17     TRANSPORTATION COMMITTEE OF THE SENATE AND THE TRANSPORTATION
    18     COMMITTEE OF THE HOUSE OF REPRESENTATIVES ON THE ISSUE OF
    19     REGISTRATION AVOIDANCE.]
    20         (6)  THE PROGRAM MAY CONTAIN ANY OTHER CONDITIONS,
    21     LIMITATIONS, CONTRACTUAL ARRANGEMENTS OR OTHER FACTORS WHICH
    22     THE DEPARTMENT DEEMS NECESSARY TO IMPLEMENT THIS SUBSECTION.
    23     SECTION 2 3.  SECTION 1333 OF TITLE 75 IS AMENDED BY ADDING A  <--
    24  SUBSECTION TO READ:
    25  § 1333.  LOST, STOLEN, DAMAGED OR ILLEGIBLE REGISTRATION PLATE.
    26     * * *
    27     (B.1)  ILLEGIBLE REGISTRATION PLATE.--THE DEPARTMENT MAY
    28  REISSUE A REGISTRATION PLATE UPON REQUEST BY A REGISTRANT WHEN
    29  IT IS DETERMINED BY AN AUTHORIZED REPRESENTATIVE OF THE
    30  DEPARTMENT OR LAW ENFORCEMENT THAT THE REGISTRATION PLATE IS
    20070H0347B4509                  - 3 -     

     1  ILLEGIBLE FROM A REASONABLE DISTANCE. THE DEPARTMENT MAY SELECT
     2  THE STYLE OF THE REISSUED REGISTRATION PLATE AND, EXCEPT IN THE
     3  CASE OF PERSONAL REGISTRATION PLATES ISSUED UNDER SECTION
     4  1341(RELATING TO SPECIAL REGISTRATION PLATES GENERALLY), THE
     5  REGISTRATION PLATE NUMBER.
     6     * * *
     7     SECTION 3.  SECTION 1607(B) OF TITLE 75 IS AMENDED TO READ:    <--
     8     SECTION 4.  SECTION 1510(A) AND (B) OF TITLE 75 ARE AMENDED    <--
     9  AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
    10  § 1510.  ISSUANCE AND CONTENT OF DRIVER'S LICENSE.
    11     (A)  GENERAL RULE.--THE DEPARTMENT SHALL, UPON PAYMENT OF THE
    12  REQUIRED FEE, ISSUE TO EVERY QUALIFIED APPLICANT A DRIVER'S
    13  LICENSE INDICATING THE TYPE OR GENERAL CLASS OF VEHICLES THE
    14  LICENSEE IS AUTHORIZED TO DRIVE AND ANY ENDORSEMENTS OR
    15  RESTRICTIONS, WHICH LICENSE, EXCEPT AS PROVIDED IN SUBSECTION
    16  (J), SHALL CONTAIN A DISTINGUISHING NUMBER ASSIGNED BY THE
    17  DEPARTMENT TO THE LICENSEE, THE ACTUAL NAME, DATE OF BIRTH,
    18  RESIDENCE ADDRESS, A COLOR PHOTOGRAPH OR PHOTOGRAPHIC FACSIMILE
    19  OF THE LICENSEE, SUCH OTHER INFORMATION AS MAY BE REQUIRED BY
    20  THE DEPARTMENT, AND EITHER A FACSIMILE OF THE SIGNATURE OF THE
    21  LICENSEE OR A SPACE UPON WHICH THE LICENSEE SHALL WRITE HIS
    22  USUAL SIGNATURE WITH PEN AND INK. PROGRAM PARTICIPANTS IN THE
    23  ADDRESS CONFIDENTIALITY PROGRAM UNDER 23 PA.C.S. CH. 67
    24  (RELATING TO DOMESTIC AND SEXUAL VIOLENCE VICTIM ADDRESS
    25  CONFIDENTIALITY) MAY USE A SUBSTITUTE ADDRESS DESIGNATED BY THE
    26  OFFICE OF VICTIM ADVOCATE AS THEIR ADDRESS. PERSONAL MEDICAL
    27  DATA AND OTHER INFORMATION FOR USE IN AN EMERGENCY MAY BE
    28  INCLUDED AS A PART OF THE LICENSE. INFORMATION OTHER THAN THAT
    29  REQUIRED TO IDENTIFY THE LICENSEE, THE DISTINGUISHING NUMBER AND
    30  THE CLASS OF LICENSE ISSUED MAY BE INCLUDED IN MICRODATA FORM.
    20070H0347B4509                  - 4 -     

     1  EXCEPT AS PROVIDED IN SUBSECTION (F), AN APPLICANT SHALL INCLUDE
     2  HIS SOCIAL SECURITY NUMBER ON HIS LICENSE APPLICATION, BUT THE
     3  SOCIAL SECURITY NUMBER SHALL NOT BE INCLUDED ON THE LICENSE. NO
     4  DRIVER'S LICENSE SHALL BE VALID UNTIL IT HAS BEEN SIGNED BY THE
     5  LICENSEE.
     6     (B)  IDENTIFICATION CARD.--THE DEPARTMENT SHALL, UPON PAYMENT
     7  OF THE REQUIRED FEE, ISSUE AN IDENTIFICATION CARD TO ANY PERSON
     8  TEN YEARS OF AGE OR OLDER WHO HAS MADE APPLICATION THEREFOR IN
     9  SUCH MANNER AS THE DEPARTMENT SHALL PRESCRIBE OR WHOSE DRIVER'S
    10  LICENSE HAS BEEN SURRENDERED TO THE DEPARTMENT BECAUSE OF A
    11  SUSPENSION OR REVOCATION OF AN OPERATING PRIVILEGE UNDER THIS OR
    12  ANY OTHER TITLE. PROGRAM PARTICIPANTS IN THE ADDRESS
    13  CONFIDENTIALITY PROGRAM UNDER 23 PA.C.S. CH. 67 MAY USE A
    14  SUBSTITUTE ADDRESS DESIGNATED BY THE OFFICE OF VICTIM ADVOCATE
    15  AS THEIR ADDRESS. [THE] EXCEPT AS PROVIDED IN SUBSECTION (J),
    16  THE IDENTIFICATION CARD SHALL HAVE SUBSTANTIALLY THE SAME
    17  CONTENT AS A DRIVER'S LICENSE BUT SHALL CLEARLY INDICATE THAT IT
    18  IS NOT A DRIVER'S LICENSE. UPON FAILURE OF ANY PERSON TO PASS
    19  ANY EXAMINATION REQUIRED UNDER SECTION 1514 (RELATING TO
    20  EXPIRATION AND RENEWAL OF DRIVERS' LICENSES), THE DEPARTMENT
    21  SHALL, WHERE APPROPRIATE, ISSUE A COMPLIMENTARY IDENTIFICATION
    22  CARD AS AN EXPRESSION OF GRATITUDE FOR YEARS OF SAFE DRIVING.
    23  THE CARD SHALL ONLY BE ISSUED UPON RECEIPT OF THE PERSON'S
    24  DRIVER'S LICENSE.
    25     * * *
    26     (J)  UNDERCOVER CREDENTIAL.--THE DEPARTMENT MAY ISSUE AN
    27  UNDERCOVER CREDENTIAL TO FEDERAL, STATE OR LOCAL LAW ENFORCEMENT
    28  OFFICIALS. THE DEPARTMENT MAY ESTABLISH GUIDELINES CONCERNING
    29  THE ISSUANCE OF SUCH UNDERCOVER CREDENTIALS AND SHALL TAKE ALL
    30  REASONABLE STEPS TO ENSURE THE CONFIDENTIALITY OF THESE LICENSES
    20070H0347B4509                  - 5 -     

     1  AND THEIR ISSUANCE.
     2     SECTION 5.  THE DEFINITION OF "CONVICTION" IN SECTION 1603 OF
     3  TITLE 75 IS AMENDED TO READ:
     4  § 1603.  DEFINITIONS.
     5     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
     6  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
     7  CONTEXT CLEARLY INDICATES OTHERWISE:
     8     * * *
     9     "CONVICTION."  FOR THE PURPOSES OF THIS CHAPTER, A CONVICTION
    10  INCLUDES A FINDING OF GUILTY OR THE ENTERING OF A PLEA OF
    11  GUILTY, NOLO CONTENDERE OR THE UNVACATED FORFEITURE OF BAIL OR
    12  COLLATERAL DEPOSITED TO SECURE A PERSON'S APPEARANCE IN COURT AS
    13  DETERMINED BY THE LAW OF THE JURISDICTION IN WHICH THE
    14  PROSECUTION WAS HELD. A PAYMENT OF THE FINE OR COURT COST OR
    15  ENTERING INTO AN INSTALLMENT AGREEMENT TO PAY THE FINE OR COURT
    16  COST FOR THE VIOLATION BY ANY PERSON CHARGED WITH A VIOLATION OF
    17  THIS TITLE IS A PLEA OF GUILTY. THE TERM SHALL INCLUDE THE
    18  ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION OR OTHER
    19  PREADJUDICATION DISPOSITION FOR AN OFFENSE OR AN UNVACATED
    20  FINDING OF GUILT OR DETERMINATION OF VIOLATION OF THE LAW OR
    21  FAILURE TO COMPLY WITH THE LAW BY AN AUTHORIZED ADMINISTRATIVE
    22  TRIBUNAL. THE TERM ALSO INCLUDES A VIOLATION OF A CONDITION OF
    23  RELEASE WITHOUT BAIL, INCLUDING THE FAILURE TO PAY A FINE OR
    24  APPEAR IN COURT TO CONTEST A CITATION. THE TERM DOES NOT INCLUDE
    25  A CONVICTION WHICH HAS BEEN OVERTURNED OR FOR WHICH AN
    26  INDIVIDUAL HAS BEEN PARDONED.
    27     * * *
    28     SECTION 6.  SECTIONS 1606 AND 1607(B) OF TITLE 75 ARE AMENDED
    29  TO READ:
    30  § 1606.  REQUIREMENT FOR COMMERCIAL DRIVER'S LICENSE.
    20070H0347B4509                  - 6 -     

     1     (A)  WHEN REQUIRED.--NO PERSON, EXCEPT THOSE SPECIFICALLY
     2  EXEMPTED IN SUBSECTION (B), SHALL DRIVE A COMMERCIAL MOTOR
     3  VEHICLE UNLESS THE PERSON HAS BEEN ISSUED AND IS IN IMMEDIATE
     4  POSSESSION OF A VALID COMMERCIAL DRIVER'S LICENSE AND APPLICABLE
     5  ENDORSEMENTS VALID FOR THE VEHICLE HE IS DRIVING.
     6     (B)  EXEMPTIONS.--THE FOLLOWING PERSONS ARE NOT REQUIRED TO
     7  OBTAIN A COMMERCIAL DRIVER'S LICENSE IN ORDER TO DRIVE THE
     8  COMMERCIAL MOTOR VEHICLE SPECIFIED:
     9         (1)  A PERSON WITH A COMMERCIAL DRIVER LEARNER'S PERMIT
    10     WHO IS ACCOMPANIED BY THE HOLDER OF A COMMERCIAL DRIVER'S
    11     LICENSE VALID FOR THE VEHICLE BEING DRIVEN.
    12         (2)  A PERSON IN THE SERVICE OF THE ARMED FORCES OF THE
    13     UNITED STATES, INCLUDING MEMBERS OF THE RESERVES AND NATIONAL
    14     GUARD ON ACTIVE DUTY; PERSONNEL ON FULL-TIME NATIONAL GUARD
    15     DUTY; AND PERSONNEL ON INACTIVE NATIONAL GUARD DUTY TRAINING
    16     OR PART-TIME NATIONAL GUARD TRAINING AND NATIONAL GUARD
    17     MILITARY TECHNICIANS WHO ARE REQUIRED TO WEAR MILITARY
    18     UNIFORMS [AND ARE SUBJECT TO THE UNIFORM CODE OF MILITARY
    19     JUSTICE WHEN OPERATING EQUIPMENT OWNED OR OPERATED BY THE
    20     DEPARTMENT OF DEFENSE], AND ACTIVE DUTY UNITED STATES COAST
    21     GUARD PERSONNEL WHEN OPERATING COMMERCIAL MOTOR VEHICLES FOR
    22     MILITARY PURPOSES.
    23         (3)  A PERSON WHO IS A VOLUNTEER OR PAID FIREFIGHTER WITH
    24     A CLASS C LICENSE AND WHO HAS A CERTIFICATE OF AUTHORIZATION
    25     FROM HIS FIRE CHIEF WHILE OPERATING A FIRE OR EMERGENCY
    26     VEHICLE REGISTERED TO THE FIRE DEPARTMENT OR MUNICIPALITY.
    27         (4)  ANY MEMBER OF A RESCUE OR EMERGENCY SQUAD WHO IS THE
    28     HOLDER OF A CLASS C LICENSE AND WHO HAS A CERTIFICATE OF
    29     AUTHORIZATION FROM THE HEAD OF THE RESCUE OR EMERGENCY SQUAD
    30     WHILE OPERATING ANY RESCUE OR EMERGENCY VEHICLE EQUIPPED WITH
    20070H0347B4509                  - 7 -     

     1     AUDIBLE AND VISUAL SIGNALS REGISTERED TO THE RESCUE OR
     2     EMERGENCY SQUAD OR MUNICIPALITY.
     3         (5)  A DRIVER WITH A CLASS C LICENSE OPERATING A FARM
     4     VEHICLE WHICH IS CONTROLLED AND OPERATED BY A FARMER AND USED
     5     EXCLUSIVELY TO TRANSPORT AGRICULTURAL PRODUCTS, FARM
     6     MACHINERY OR FARM SUPPLIES TO OR FROM A FARM. THE FARM
     7     VEHICLE MAY NOT BE USED IN THE OPERATIONS OF A COMMON OR
     8     CONTRACT CARRIER AND MAY BE USED ONLY WITHIN A RADIUS OF 150
     9     MILES OF THE FARM.
    10         (6)  A DRIVER WITH A CLASS C LICENSE OPERATING A SCHOOL
    11     BUS, SCHOOL VEHICLE OR OTHER COMMERCIAL VEHICLE AT THE
    12     DIRECTION OF AUTHORIZED EMERGENCY MANAGEMENT PERSONNEL IN A
    13     TIME OF DECLARED FEDERAL, STATE OR LOCAL EMERGENCY. A PERSON
    14     DRIVING A SCHOOL BUS, SCHOOL VEHICLE OR OTHER COMMERCIAL
    15     VEHICLE PURSUANT TO THIS PARAGRAPH SHALL NOT BE SUBJECT TO
    16     SANCTIONS UNDER THE PROVISIONS OF THIS CHAPTER OR SECTION
    17     3742.1 (RELATING TO ACCIDENTS INVOLVING DEATH OR PERSONAL
    18     INJURY WHILE NOT PROPERLY LICENSED).
    19     (C)  PROHIBITIONS.--
    20         (1)  NO PERSON SHALL DRIVE A COMMERCIAL MOTOR VEHICLE OR
    21     A SCHOOL VEHICLE DURING ANY PERIOD IN WHICH:
    22             (I)  HIS PRIVILEGE TO DRIVE A COMMERCIAL MOTOR
    23         VEHICLE OR A SCHOOL VEHICLE IN A STATE HAS BEEN REMOVED
    24         FOR ANY REASON, INCLUDING DISQUALIFICATION, UNTIL THE
    25         PERSON'S COMMERCIAL OPERATING PRIVILEGE HAS BEEN
    26         RESTORED;
    27             (II)  HIS OPERATING PRIVILEGE IS SUSPENDED, REVOKED,
    28         CANCELED OR RECALLED UNTIL THE PERSON'S OPERATING
    29         PRIVILEGE HAS BEEN RESTORED; OR
    30             (III)  [HE] THE DRIVER OR VEHICLE HAS BEEN PLACED
    20070H0347B4509                  - 8 -     

     1         UNDER AN OUT-OF-SERVICE ORDER.
     2         (2)  NO PERSON WHO OPERATES A COMMERCIAL MOTOR VEHICLE
     3     SHALL AT ANY TIME HAVE MORE THAN ONE COMMERCIAL DRIVER'S
     4     LICENSE.
     5     (C.1)  ADDITIONAL PROHIBITIONS.--NO PERSON SHALL DRIVE A
     6  COMMERCIAL MOTOR VEHICLE DURING ANY PERIOD OF TIME THAT THE
     7  MOTOR CARRIER HAS BEEN PLACED UNDER AN OUT-OF-SERVICE ORDER.
     8     (D)  PENALTIES.--
     9         (1)  EXCEPT AS PROVIDED IN PARAGRAPH (6), A PERSON WHO
    10     VIOLATES SUBSECTION (A) COMMITS A SUMMARY OFFENSE AND SHALL,
    11     UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $500. EXCEPT
    12     THAT, IF THE PERSON CHARGED FURNISHES SATISFACTORY PROOF OF
    13     HAVING HELD A COMMERCIAL DRIVER'S LICENSE VALID ON THE LAST
    14     DAY OF THE PRECEDING DRIVER'S LICENSE PERIOD AND NO MORE THAN
    15     60 DAYS HAVE ELAPSED FROM THE LAST DATE OF RENEWAL, THE FINE
    16     SHALL BE $100. EXCEPT AS PROVIDED IN PARAGRAPH (6), EVERY
    17     PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF
    18     SUBSECTION (A) SHALL BE SENTENCED TO PAY A FINE OF NOT LESS
    19     THAN $500 NOR MORE THAN $1,500.
    20         (2)  A PERSON WHO DRIVES A COMMERCIAL MOTOR VEHICLE OR A
    21     SCHOOL VEHICLE WHILE SUBJECT TO DISQUALIFICATION COMMITS A
    22     SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO
    23     PAY A FINE OF $500. EVERY PERSON CONVICTED OF A SECOND OR
    24     SUBSEQUENT VIOLATION OF DRIVING A COMMERCIAL MOTOR VEHICLE
    25     WHILE SUBJECT TO DISQUALIFICATION SHALL BE SENTENCED TO PAY A
    26     FINE OF NOT LESS THAN $500 NOR MORE THAN $1,500.
    27         (3)  A PERSON WHO DRIVES A COMMERCIAL MOTOR VEHICLE OR A
    28     SCHOOL VEHICLE WHILE SUBJECT TO DISQUALIFICATION UNDER
    29     SECTION 1611(B) OR (E) (RELATING TO DISQUALIFICATION) COMMITS
    30     A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO
    20070H0347B4509                  - 9 -     

     1     PAY A FINE OF $1,000 OR TO IMPRISONMENT FOR SIX MONTHS, OR
     2     BOTH.
     3         (4)  A PERSON WHO DRIVES A COMMERCIAL MOTOR VEHICLE OR A
     4     SCHOOL VEHICLE IN VIOLATION OF AN OUT-OF-SERVICE ORDER ISSUED
     5     UNDER SECTION 1612 (RELATING TO COMMERCIAL DRIVERS PROHIBITED
     6     FROM OPERATING WITH ANY ALCOHOL IN SYSTEM) COMMITS A SUMMARY
     7     OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A
     8     FINE OF [NOT LESS THAN $1,100 NOR MORE THAN $2,750] $2,500
     9     FOR A FIRST OFFENSE AND $5,000 FOR A SECOND OR SUBSEQUENT
    10     OFFENSE.
    11         (5)  A PERSON WHO DRIVES A COMMERCIAL MOTOR VEHICLE OR A
    12     SCHOOL VEHICLE IN VIOLATION OF AN OUT-OF-SERVICE ORDER (OTHER
    13     THAN AN OUT-OF-SERVICE ORDER ISSUED UNDER SECTION 1612)
    14     COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
    15     SENTENCED TO PAY A FINE OF [$1,100] $2,500 FOR A FIRST
    16     OFFENSE AND $5,000 FOR A SECOND OR SUBSEQUENT OFFENSE.
    17         (6)  NO PERSON SHALL BE CONVICTED OF VIOLATING SUBSECTION
    18     (A) IF THE PERSON PRODUCES AT THE OFFICE OF THE ISSUING
    19     AUTHORITY WITHIN 15 DAYS OF THE VIOLATION:
    20             (I)  A COMMERCIAL DRIVER'S LICENSE VALID IN THIS
    21         COMMONWEALTH AT THE TIME OF THE VIOLATION; OR
    22             (II)  IF THE COMMERCIAL DRIVER'S LICENSE IS LOST,
    23         STOLEN, DESTROYED OR ILLEGIBLE, EVIDENCE THAT THE DRIVER
    24         WAS LICENSED AT THE TIME OF THE VIOLATION AND THAT
    25         APPLICATION FOR A DUPLICATE LICENSE HAD BEEN MADE AT THE
    26         TIME OF THE VIOLATION.
    27         (7)  A PERSON WHO DRIVES A COMMERCIAL MOTOR VEHICLE IN
    28     VIOLATION OF SUBSECTION (C)(1)(II) COMMITS A SUMMARY OFFENSE
    29     AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF
    30     $1,000.
    20070H0347B4509                 - 10 -     

     1         (8)  A PERSON WHO DRIVES A COMMERCIAL MOTOR VEHICLE IN
     2     VIOLATION OF SUBSECTION (C)(2) COMMITS A SUMMARY OFFENSE AND
     3     SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $1,000.
     4     (E)  CONVICTIONS AND FINES CUMULATIVE.--ANY VIOLATIONS
     5  BROUGHT UNDER THIS SECTION AND FINES IMPOSED UNDER THIS SECTION
     6  SHALL BE IN ADDITION TO VIOLATIONS BROUGHT AND FINES IMPOSED
     7  UNDER ANY OTHER SECTIONS OF THIS TITLE.
     8  § 1607.  Commercial driver's license qualification standards.
     9     * * *
    10     (b)  Waiver of test.--The department shall waive the skills
    11  test specified in this section for a commercial driver's license
    12  applicant [holding]:
    13         (1)  Holding a valid Class 2, 3 or 4 license who meets
    14     the requirements of Federal regulations. If permitted by
    15     Federal regulation, the department may waive the written test
    16     requirement for a commercial driver's license applicant
    17     holding a valid Class 2, 3 or 4 license.
    18         (2)  Who, subject to the limitations and requirements of
    19     49 CFR 383.77 (relating to substitute for driving skills
    20     tests), meets all certifications required for waiver under 49
    21     CFR 383.77 and who certifies all of the following:
    22             (i)  That the applicant is a member of the active or
    23         reserve components of any branch or unit of the armed
    24         forces of the United States or a veteran who received an
    25         honorable discharge from any branch or unit of the active
    26         or reserve components of the armed forces of the United
    27         States.
    28             (ii)  That the applicant is or was regularly employed
    29         in a position in the armed forces of the United States
    30         requiring operation of a commercial motor vehicle.
    20070H0347B4509                 - 11 -     

     1             (iii)  That the applicant has legally operated, for
     2         at least two years immediately preceding application for
     3         a commercial driver's license, a vehicle representative
     4         of the commercial motor vehicle the driver applicant
     5         operates or expects to operate, either under the
     6         exemption from this Commonwealth's commercial driver's
     7         license requirement provided by section 1606(b)(2)
     8         (relating to requirement for commercial driver's license)
     9         or the equivalent exemption of another state or while on
    10         active duty in a foreign jurisdiction.
    11     * * *
    12     SECTION 7.  SECTION 1611(A)(6), (B) AND (C) OF TITLE 75 ARE    <--
    13  AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO
    14  READ:
    15  § 1611.  DISQUALIFICATION.
    16     (A)  [DISQUALIFICATION FOR FIRST] FIRST VIOLATION OF CERTAIN
    17  OFFENSES.--UPON RECEIPT OF A REPORT OF CONVICTION, THE
    18  DEPARTMENT SHALL, IN ADDITION TO ANY OTHER PENALTIES IMPOSED
    19  UNDER THIS TITLE, DISQUALIFY ANY PERSON FROM DRIVING A
    20  COMMERCIAL MOTOR VEHICLE OR SCHOOL VEHICLE FOR A PERIOD OF ONE
    21  YEAR FOR THE FIRST VIOLATION OF:
    22         * * *
    23         (6)  SECTION 1606(C) (RELATING TO REQUIREMENT FOR
    24     COMMERCIAL DRIVER'S LICENSE)[, WHILE THEIR DRIVING PRIVILEGE
    25     IS SUSPENDED, REVOKED, CANCELED OR RECALLED OR WHILE SUBJECT
    26     TO DISQUALIFICATION OR IN VIOLATION OF AN OUT-OF-SERVICE
    27     ORDER]; OR
    28         * * *
    29     (B)  [DISQUALIFICATION FOR OFFENSE WHILE CARRYING HAZARDOUS
    30  MATERIALS.--THE] OFFENSES INVOLVING HAZARDOUS MATERIALS OR A
    20070H0347B4509                 - 12 -     

     1  BUS.--EXCEPT AS SET FORTH IN SUBSECTION (B.1), THE DEPARTMENT
     2  SHALL DISQUALIFY ANY PERSON FROM DRIVING A COMMERCIAL MOTOR
     3  VEHICLE FOR THREE YEARS IF ANY OF THE FIRST OFFENSES IN
     4  SUBSECTION (A) OR FIRST REFUSAL IN SECTION 1613 (RELATING TO
     5  IMPLIED CONSENT REQUIREMENTS FOR COMMERCIAL MOTOR VEHICLE
     6  DRIVERS) OCCURRED EITHER WHILE TRANSPORTING A HAZARDOUS MATERIAL
     7  REQUIRED TO BE PLACARDED[.] OR WHILE OPERATING A VEHICLE
     8  DESIGNED TO TRANSPORT 16 OR MORE PASSENGERS, INCLUDING THE
     9  DRIVER.
    10     (B.1)  OFFENSES INVOLVING OUT-OF-SERVICE ORDERS AND A BUS OR
    11  HAZARDOUS MATERIALS.--THE DEPARTMENT SHALL DISQUALIFY ANY PERSON
    12  FOR TWO YEARS FOR A FIRST VIOLATION OF OPERATING A COMMERCIAL
    13  MOTOR VEHICLE WHILE THE DRIVER OR VEHICLE IS SUBJECT TO AN OUT-
    14  OF-SERVICE ORDER IF THE VIOLATION OCCURRED EITHER WHILE
    15  TRANSPORTING A HAZARDOUS MATERIAL REQUIRED TO BE PLACARDED, OR
    16  WHILE OPERATING A VEHICLE DESIGNED TO TRANSPORT 16 OR MORE
    17  PASSENGERS, INCLUDING THE DRIVER.
    18     (C)  [DISQUALIFICATION FOR TWO VIOLATIONS OF CERTAIN
    19  OFFENSES.--THE] TWO VIOLATIONS OF CERTAIN OFFENSES.--EXCEPT AS
    20  SET FORTH IN SUBSECTION (C.1), THE DEPARTMENT SHALL DISQUALIFY
    21  FOR LIFE ANY PERSON CONVICTED OF TWO OR MORE VIOLATIONS OF ANY
    22  OF THE OFFENSES SPECIFIED IN SUBSECTION (A), OR THE SUBJECT OF
    23  TWO OR MORE REPORTS OF TEST REFUSAL AS SPECIFIED IN SECTION
    24  1613, OR ANY COMBINATION OF THOSE OFFENSES AND/OR REFUSALS,
    25  ARISING FROM TWO OR MORE SEPARATE AND DISTINCT INCIDENTS. ONLY
    26  OFFENSES COMMITTED AFTER THE EFFECTIVE DATE OF THIS CHAPTER MAY
    27  BE CONSIDERED IN APPLYING THIS SUBSECTION.
    28     (C.1)  SUBSEQUENT VIOLATIONS OF OUT-OF-SERVICE ORDERS.--THE
    29  DEPARTMENT SHALL DISQUALIFY ANY PERSON FROM DRIVING A COMMERCIAL
    30  MOTOR VEHICLE FOR THREE YEARS FOR A SECOND OR SUBSEQUENT
    20070H0347B4509                 - 13 -     

     1  VIOLATION IN A TEN-YEAR PERIOD OF DRIVING WHILE SUBJECT TO AN
     2  OUT-OF-SERVICE ORDER AND FOR A PERIOD OF FIVE YEARS IF THE
     3  OFFENSE OCCURRED EITHER WHILE TRANSPORTING A HAZARDOUS MATERIAL
     4  REQUIRED TO BE PLACARDED, OR WHILE OPERATING A VEHICLE DESIGNED
     5  TO TRANSPORT 16 OR MORE PASSENGERS, INCLUDING THE DRIVER.
     6     * * *
     7     (N)  CONSECUTIVE APPLICATION.--ALL DISQUALIFICATIONS SHALL BE
     8  IMPOSED CONSECUTIVELY.
     9     SECTION 4 8.  SECTION 1902 OF TITLE 75 IS AMENDED BY ADDING A  <--
    10  PARAGRAPH TO READ:
    11  § 1902.  EXEMPTIONS FROM OTHER FEES.
    12     NO FEE SHALL BE CHARGED UNDER THIS TITLE FOR OR TO ANY OF THE
    13  FOLLOWING:
    14         * * *
    15         (10)  THE REISSUANCE OF A REGISTRATION PLATE, WHERE THE
    16     REGISTRATION PLATE HAS BEEN DETERMINED BY AN AUTHORIZED
    17     REPRESENTATIVE OF THE DEPARTMENT OR LAW ENFORCEMENT TO BE
    18     ILLEGIBLE FROM A REASONABLE DISTANCE.
    19     SECTION 5.  SECTIONS 3368(B) AND (D), 4704(G) AND 6103(C) OF   <--
    20  SECTION 9.  SECTIONS 3368(B) AND (D) AND 4704(G) OF TITLE 75 ARE  <--
    21  AMENDED TO READ:
    22  § 3368.  SPEED TIMING DEVICES.
    23     * * *
    24     (B)  TESTING OF SPEEDOMETERS.--THE DEPARTMENT MAY APPOINT
    25  STATIONS FOR TESTING SPEEDOMETERS AND MAY PRESCRIBE REGULATIONS
    26  AS TO THE MANNER IN WHICH THE TEST SHALL BE MADE. SPEEDOMETERS
    27  SHALL HAVE BEEN TESTED FOR ACCURACY WITHIN A PERIOD OF [60 DAYS]
    28  ONE YEAR PRIOR TO THE ALLEGED VIOLATION AND IMMEDIATELY UPON
    29  CHANGE OF TIRE SIZE. A CERTIFICATE FROM THE STATION SHOWING THAT
    30  THE TEST WAS MADE, THE DATE OF THE TEST AND THE DEGREE OF
    20070H0347B4509                 - 14 -     

     1  ACCURACY OF THE SPEEDOMETER SHALL BE COMPETENT AND PRIMA FACIE
     2  EVIDENCE OF THOSE FACTS IN EVERY PROCEEDING IN WHICH A VIOLATION
     3  OF THIS TITLE IS CHARGED.
     4     * * *
     5     (D)  CLASSIFICATION, APPROVAL AND TESTING OF MECHANICAL,
     6  ELECTRICAL AND ELECTRONIC DEVICES.--THE DEPARTMENT MAY, BY
     7  REGULATION, CLASSIFY SPECIFIC DEVICES AS BEING MECHANICAL,
     8  ELECTRICAL OR ELECTRONIC. ALL MECHANICAL, ELECTRICAL OR
     9  ELECTRONIC DEVICES SHALL BE OF A TYPE APPROVED BY THE
    10  DEPARTMENT, WHICH SHALL APPOINT STATIONS FOR CALIBRATING AND
    11  TESTING THE DEVICES AND MAY PRESCRIBE REGULATIONS AS TO THE
    12  MANNER IN WHICH CALIBRATIONS AND TESTS SHALL BE MADE. THE
    13  CERTIFICATION AND CALIBRATION OF ELECTRONIC DEVICES UNDER
    14  SUBSECTION (C)(3) SHALL ALSO INCLUDE THE CERTIFICATION AND
    15  CALIBRATION OF ALL EQUIPMENT, TIMING STRIPS AND OTHER DEVICES
    16  WHICH ARE ACTUALLY USED WITH THE PARTICULAR ELECTRONIC DEVICE
    17  BEING CERTIFIED AND CALIBRATED. [THE] ELECTRONIC DEVICES
    18  COMMONLY REFERRED TO AS ELECTRONIC SPEED METERS OR RADAR SHALL
    19  HAVE BEEN TESTED FOR ACCURACY WITHIN A PERIOD OF ONE YEAR PRIOR
    20  TO THE ALLEGED VIOLATION. OTHER DEVICES SHALL HAVE BEEN TESTED
    21  FOR ACCURACY WITHIN A PERIOD OF 60 DAYS PRIOR TO THE ALLEGED
    22  VIOLATION. A CERTIFICATE FROM THE STATION SHOWING THAT THE
    23  CALIBRATION AND TEST WERE MADE WITHIN THE REQUIRED PERIOD[,] AND
    24  THAT THE DEVICE WAS ACCURATE[,] SHALL BE COMPETENT AND PRIMA
    25  FACIE EVIDENCE OF THOSE FACTS IN EVERY PROCEEDING IN WHICH A
    26  VIOLATION OF THIS TITLE IS CHARGED.
    27     * * *
    28  § 4704.  INSPECTION BY POLICE OR COMMONWEALTH PERSONNEL.
    29     * * *
    30     [(G)  LIMITATIONS.--FARM TRUCKS NOT REQUIRED TO BE
    20070H0347B4509                 - 15 -     

     1  REGISTERED, IMPLEMENTS OF HUSBANDRY, SPECIAL MOBILE EQUIPMENT
     2  AND TRUCKS AND TRUCK TRACTORS REGISTERED IN CLASS 4A OR LOWER
     3  SHALL NOT BE SUBJECT TO THE SYSTEMATIC VEHICLE INSPECTIONS
     4  AUTHORIZED UNDER SUBSECTION (A).]
     5     * * *
     6     SECTION 9.1.  SECTIONS 4903 AND 4922 OF TITLE 75 ARE AMENDED   <--
     7  BY ADDING SUBSECTIONS TO READ:
     8  § 4903.  SECURING LOADS IN VEHICLES.
     9     * * *
    10     (C.3)  LOAD OF EQUIPMENT WITH HYDRAULICALLY OPERATED BOOM
    11  ARM.--THE BOOM ARM OF EQUIPMENT WITH A HYDRAULICALLY OPERATED
    12  BOOM ARM BEING TRANSPORTED THROUGH OR WITHIN THIS COMMONWEALTH
    13  SHALL BE SECURELY FASTENED TO THE VEHICLE WITH STEEL RESTRAINING
    14  DEVICES TO PREVENT ITS MOVEMENT OR SHIFTING DURING TRANSIT.
    15     * * *
    16  § 4922.  HEIGHT OF VEHICLES.
    17     * * *
    18     (D)  PENALTY.--ANY PERSON CONVICTED OF OPERATING A VEHICLE
    19  WITH A HEIGHT GREATER THAN 13 FEET 6 INCHES AND TRAVELING
    20  WITHOUT A VALID PERMIT SHALL, UPON CONVICTION, PAY A FINE OF
    21  $500.
    22     SECTION 9.2.  SECTIONS 4968(A)(3.7) AND 6103(C) OF TITLE 75
    23  ARE AMENDED TO READ:
    24  § 4968.  PERMIT FOR MOVEMENT DURING COURSE OF MANUFACTURE.
    25     (A)  ANNUAL PERMIT.--AN ANNUAL PERMIT MAY BE ISSUED
    26  AUTHORIZING MOVEMENT ON SPECIFIED HIGHWAYS OF BOATS, TRAILERS,
    27  MOBILE HOMES, MODULAR HOUSING UNITS AND UNDERCARRIAGES,
    28  HELICOPTERS, HOT INGOTS, A HOT BOX, BASIC OXYGEN FURNACE LANCES,
    29  RAILWAY EQUIPMENT AND RAILS OR OTHER ARTICLES, VEHICLES OR
    30  COMBINATIONS WHICH EXCEED THE MAXIMUM HEIGHT, WIDTH OR LENGTH
    20070H0347B4509                 - 16 -     

     1  SPECIFIED IN SUBCHAPTER B (RELATING TO WIDTH, HEIGHT AND LENGTH)
     2  OR SELF-PROPELLED CRANES OR COMBINATIONS CARRYING RAW MILK, RAW
     3  COAL, FLAT-ROLLED STEEL COILS, STEEL SLABS, HOT INGOTS, A HOT
     4  BOX, PULPWOOD AND WOOD CHIPS [FOR PAPER MANUFACTURE] OR RAW
     5  WATER WHICH EXCEED THE MAXIMUM WEIGHT SPECIFIED IN SUBCHAPTER C
     6  (RELATING TO MAXIMUM WEIGHTS OF VEHICLES) WHILE THEY ARE IN THE
     7  COURSE OF MANUFACTURE AND UNDER CONTRACT WITH OR UNDER THE
     8  DIRECT CONTROL OF THE MANUFACTURER, SUBJECT TO THE FOLLOWING
     9  PROVISIONS:
    10         * * *
    11         (3.7)  A COMBINATION OF VEHICLES WHICH IS HAULING
    12     PULPWOOD OR WOOD CHIPS FROM A SPECIFIED SOURCE TO A [PAPER
    13     MANUFACTURING SITE] PULP MILL MAY BE PERMITTED BY THE
    14     DEPARTMENT AND LOCAL AUTHORITIES TO MOVE UPON SPECIFIED
    15     HIGHWAYS WITHIN THEIR RESPECTIVE JURISDICTIONS SUBJECT TO THE
    16     FOLLOWING CONDITIONS:
    17             (I)  THE VEHICLE MUST BE A FIVE AXLE COMBINATION -
    18         THREE AXLE TRUCK TRACTOR MEETING THE FOLLOWING
    19         CHARACTERISTICS:
    20                 (A)  GROSS VEHICULAR WEIGHT MUST NOT EXCEED
    21             95,000 POUNDS.
    22                 (B)  MAXIMUM WEIGHT ON STEERING AXLES SHALL BE
    23             11,000 POUNDS.
    24                 (C)  MAXIMUM WEIGHT ON THE TRUCK-TRAILER TANDEM
    25             (AXLES TWO AND THREE) SHALL BE 42,000 POUNDS, WITH A
    26             MAXIMUM OF 21,000 POUNDS ON EITHER AXLE IN THE GROUP.
    27                 (D)  MAXIMUM WEIGHT ON THE SEMITRAILER TRIDEM
    28             (AXLES FOUR AND FIVE) SHALL BE 42,000 POUNDS, WITH A
    29             MAXIMUM OF 21,000 POUNDS ON ANY AXLE IN THE GROUP.
    30                 (E)  MINIMUM SPACING BETWEEN AXLE ONE AND AXLE
    20070H0347B4509                 - 17 -     

     1             TWO SHALL BE 12 FEET 6 INCHES.
     2                 (F)  THE CENTER-TO-CENTER DISTANCE BETWEEN THE
     3             LAST DRIVE AXLE OF THE TRUCK TRACTOR (AXLE THREE) AND
     4             THE FIRST AXLE OF THE SEMITRAILER (AXLE FOUR) MUST BE
     5             A MINIMUM OF 28 FEET 0 INCH.
     6                 (G)  MINIMUM SPACING BETWEEN TANDEM AND TRIDEM
     7             AXLES SHALL BE 4 FEET 0 INCH.
     8             (II)  THE VEHICLE MUST BE A SIX AXLE COMBINATION -
     9         THREE AXLE TRUCK TRACTOR MEETING THE FOLLOWING
    10         CHARACTERISTICS:
    11                 (A)  GROSS VEHICULAR WEIGHT MUST NOT EXCEED
    12             107,000 POUNDS.
    13                 (B)  MAXIMUM WEIGHT ON STEERING AXLES SHALL BE
    14             12,000 POUNDS.
    15                 (C)  MAXIMUM WEIGHT ON THE TRUCK-TRACTOR TANDEM
    16             (AXLES TWO AND THREE) SHALL BE 42,000 POUNDS, WITH A
    17             MAXIMUM OF 21,000 POUNDS ON EITHER AXLE IN THE GROUP.
    18                 (D)  MAXIMUM WEIGHT ON THE SEMITRAILER TRIDEM
    19             (AXLES FOUR, FIVE AND SIX) SHALL BE 53,000 POUNDS,
    20             WITH A MAXIMUM OF 17,670 POUNDS ON ANY AXLE IN THE
    21             GROUP.
    22                 (E)  MINIMUM SPACING BETWEEN AXLE ONE AND AXLE
    23             TWO SHALL BE 12 FEET 6 INCHES.
    24                 (F)  THE CENTER-TO-CENTER DISTANCE BETWEEN THE
    25             LAST DRIVE AXLE OF THE TRUCK TRACTOR (AXLE THREE) AND
    26             THE FIRST AXLE OF THE SEMITRAILER (AXLE FOUR) MUST BE
    27             A MINIMUM OF 45 FEET 0 INCH.
    28                 (G)  MINIMUM SPACING BETWEEN TANDEM AND TRIDEM
    29             AXLES SHALL BE 4 FEET 0 INCH.
    30         NO PERMIT MAY BE ISSUED FOR THIS TYPE OF MOVEMENT UPON AN
    20070H0347B4509                 - 18 -     

     1         INTERSTATE HIGHWAY.
     2         * * *
     3  § 6103.  PROMULGATION OF RULES AND REGULATIONS BY DEPARTMENT.
     4     * * *
     5     (C)  ADOPTION OF FEDERAL STATUTE, REGULATION, STANDARD OR
     6  CRITERIA.--THE DEPARTMENT SHALL BE AUTHORIZED TO ADOPT BY
     7  REFERENCE ANY FEDERAL STATUTE, REGULATION, STANDARD OR CRITERIA
     8  OR PROVISION THEREOF RELATING TO VEHICLES OR DRIVERS, INCLUDING,
     9  BUT NOT LIMITED TO, MINIMUM DRIVER QUALIFICATIONS, MAXIMUM HOURS
    10  OF SERVICE, LOADING, UNLOADING, HAZARDOUS MATERIALS, OPERATION,
    11  EQUIPMENT, RECORDS AND INSPECTION.
    12         (1)  THE DEPARTMENT SHALL BE AUTHORIZED TO EXTEND THE
    13     COVERAGE OF ANY FEDERAL STATUTE, REGULATION, STANDARD OR
    14     CRITERIA ADOPTED UNDER THIS SUBSECTION TO VEHICLES AND
    15     DRIVERS OPERATING ONLY IN INTRASTATE COMMERCE, EXCEPT AS
    16     FOLLOWS:
    17             [(I)  NO FEDERAL STATUTE, REGULATION, STANDARD OR
    18         CRITERIA SHALL BE EXTENDED TO COVER FARM TRUCKS NOT
    19         REQUIRED TO BE REGISTERED, SPECIAL MOBILE EQUIPMENT OR
    20         IMPLEMENTS OF HUSBANDRY.]
    21             (II)  NO FEDERAL STATUTE, REGULATION, STANDARD OR
    22         CRITERIA PERTAINING TO DRIVERS, INCLUDING, BUT NOT
    23         LIMITED TO, MINIMUM DRIVER QUALIFICATIONS, MAXIMUM HOURS
    24         OF SERVICE OR DRIVER RECORDS, SHALL BE EXTENDED TO COVER
    25         FARM TRUCKS, EXCEPT FARM TRUCKS CARRYING HAZARDOUS
    26         MATERIALS IN AN AMOUNT AND TYPE WHICH REQUIRE THE VEHICLE
    27         TO BE PLACARDED UNDER CHAPTER 83 (RELATING TO HAZARDOUS
    28         MATERIALS TRANSPORTATION).
    29         (2)  THE REGULATIONS PROMULGATED BY THE DEPARTMENT UNDER
    30     PARAGRAPH (1) MAY BE MODIFIED, BUT SHALL, TO THE MAXIMUM
    20070H0347B4509                 - 19 -     

     1     EXTENT POSSIBLE, BE CONSISTENT WITH SAFETY AND CORRESPOND TO
     2     FEDERAL REGULATIONS, STANDARDS OR CRITERIA.
     3     * * *
     4     SECTION 6 10.  THE DEFINITION OF "ALL-TERRAIN VEHICLE" OR      <--
     5  "ATV" IN SECTION 7702 OF TITLE 75 IS AMENDED TO READ:
     6  § 7702.  DEFINITIONS.
     7     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
     8  SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
     9  MEANINGS GIVEN TO THEM IN THIS SECTION:
    10     "ALL-TERRAIN VEHICLE" OR "ATV."  A MOTORIZED OFF-HIGHWAY
    11  VEHICLE WHICH TRAVELS ON THREE OR MORE INFLATABLE TIRES AND
    12  WHICH HAS:
    13         (1)  A MAXIMUM WIDTH OF 50 INCHES AND A MAXIMUM DRY
    14     WEIGHT OF [800] 1,000 POUNDS; OR
    15         (2)  A WIDTH WHICH EXCEEDS 50 INCHES OR A DRY WEIGHT
    16     WHICH EXCEEDS [800] 1,000 POUNDS.
    17  ATV'S DESCRIBED IN PARAGRAPH (1) MAY BE REFERRED TO AS CLASS I
    18  ATV'S, AND ATV'S DESCRIBED IN PARAGRAPH (2) MAY BE REFERRED TO
    19  AS CLASS II ATV'S. THIS TERM DOES NOT INCLUDE SNOWMOBILES, TRAIL
    20  BIKES, MOTORBOATS, GOLF CARTS, AIRCRAFT, DUNE BUGGIES,
    21  AUTOMOBILES, CONSTRUCTION MACHINES, TRUCKS OR HOME UTILITY
    22  MACHINES; MILITARY, FIRE, EMERGENCY AND LAW ENFORCEMENT
    23  VEHICLES; IMPLEMENTS OF HUSBANDRY; MULTIPURPOSE AGRICULTURAL
    24  VEHICLES; VEHICLES USED BY THE DEPARTMENT; OR ANY VEHICLE THAT
    25  IS OR IS REQUIRED TO BE REGISTERED UNDER CHAPTER 13 (RELATING TO
    26  REGISTRATION OF VEHICLES). IN ADDITION, THIS TERM DOES NOT
    27  INCLUDE OFF-ROAD MOTOR VEHICLES USED EXCLUSIVELY AS UTILITY
    28  VEHICLES FOR AGRICULTURAL OR BUSINESS OPERATIONS AND
    29  INCIDENTALLY OPERATED OR MOVED UPON THE HIGHWAY.
    30     * * *
    20070H0347B4509                 - 20 -     

     1     Section 2 7 11.  This act shall take effect in 60 days.        <--




















    A16L75AJM/20070H0347B4509       - 21 -