SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HICKERNELL, GEIST, MAHER, BAKER, BEAR, BOBACK, BROOKS, COX, CUTLER, EVANKOVICH, J. EVANS, EVERETT, FLECK, GIBBONS, GILLEN, GINGRICH, GODSHALL, GRELL, HARRIS, HESS, HUTCHINSON, KAUFFMAN, F. KELLER, LONGIETTI, MICOZZIE, MILLARD, MOUL, OBERLANDER, PYLE, QUINN, REED, SAYLOR, SIMMONS, STEVENSON, SWANGER, TOOHIL, VULAKOVICH, WATSON, STERN, KNOWLES, PICKETT AND DENLINGER, MAY 16, 2012

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 15, 2012   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in general provisions, further providing for

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definitions; in registration of vehicles, further providing

for vehicles exempt from registration; in fees, further

providing for farm vehicles; in inspection of vehicles,

further providing for requirement for periodic inspection of

vehicles and for operation of vehicle without official

certificate of inspection; and, in size, weight and load, 

further providing for width of vehicles and for length of

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vehicles.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4921(b)(2) and (5) of Title 75 of the

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Pennsylvania Consolidated Statutes are amended and the

subsection is amended by adding paragraphs to read:

Section 1.  The definitions of "commercial implement of

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husbandry" and "multipurpose agricultural vehicle" in section

102 of Title 75 of the Pennsylvania Consolidated Statutes are

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:

* * *

"Commercial implement of husbandry."  An implement of

husbandry that:

(1)  Is a self-propelled vehicle.

(2)  Is used [commercially] to perform agricultural

production or harvesting activities exclusively on farms

other than farms owned or operated by the owner of the

implement of husbandry.

[(3)  Is operated or moved upon highways for not more

than 180 days in a calendar year.]

The term also includes any other vehicle determined by the

department to be a commercial implement of husbandry.

* * *

"Multipurpose agricultural vehicle."  A motor vehicle which

is [60] 62 inches or less in width and [1,200] 2,000 pounds or

less in dry weight and which is used exclusively for

agricultural operations and only incidentally operated or moved

upon the highways.

* * *

Section 2.  Section 1302(2), (10) and (17) of Title 75 are

amended and the section is amended by adding paragraphs to read:

§ 1302.  Vehicles exempt from registration.

The following types of vehicles are exempt from registration:

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[(2)  Any implement of husbandry, trailer or semitrailer

determined by the department to be used exclusively for

agricultural operations and only infrequently operated upon

highways. Vehicles exempt from registration under this

paragraph shall be used exclusively upon a farm or farms

owned or operated by the owner of the vehicle or upon

highways between:

(i)  Parts of one such farm.

(ii)  Such farms located not more than 25 miles

apart.

(iii)  Such farm or farms and a place of business

located within a radius of 25 miles from such farm or

farms for the purpose of buying or selling agricultural

commodities or supplies or for delivery, repair or

servicing of the vehicle.]

(2.1)  Any implement of husbandry, other than a

commercial implement of husbandry, used exclusively for

agricultural operations. Vehicles are exempt from

registration under this paragraph when operated within 50

miles of the farm or farms owned or operated by the vehicle

owner.

(2.2)  Any implement of husbandry, trailer or semitrailer

used exclusively for agricultural operations when being towed

or hauled by an implement of husbandry or farm vehicle within

50 miles of the farm or farms owned or operated by the owner

of the towed or hauled vehicle.

* * *

(10)  Any farm vehicle used exclusively upon a farm or

farms owned or operated by the owner of the vehicle[.

(i)  Type I--Such a farm vehicle which does not

qualify as a motor carrier vehicle may be driven upon

highways only from sunrise to sunset. However, a farm

vehicle which qualifies as a motor carrier vehicle and

displays a currently valid certificate of inspection may

be driven upon highways without any restriction as to

time. Such a farm vehicle may only be driven on highways

between:

(A)  Parts of one such farm.

(B)  Such farms located not more than 25 miles

apart.

(C)  Such farm or farms and a place of business

located within a radius of 25 miles from such farm or

farms for the purpose of buying or selling

agricultural commodities or supplies.

(D)  Such farm or farms and a place of business

located within a radius of 50 miles from such farm or

farms for the purpose of repair or servicing of the

farm vehicle.

(ii)  Type II--Such a farm vehicle which does qualify

as a motor carrier vehicle and which does not display a

currently valid certificate of inspection may be driven

upon highways only from sunrise to sunset and between:

(A)  Parts of one such farm.

(B)  Such farms located not more than ten miles

apart.

(C)  Such farm or farms and a place of business

located within a radius of ten miles from such farm

or farms for the purpose of buying or selling

agricultural commodities or supplies.

(D)  Such farm or farms and a place of business

located within a radius of 25 miles from such farm or

farms for the purpose of repair or servicing of the

farm vehicle.], subject to the following:

(i.1)  Type A--Such a farm vehicle with a gross

vehicle weight rating not exceeding 10,000 pounds may be

driven upon highways only from sunrise to sunset and

between:

(A)  Parts of one such farm.

(B)  Such farms located not more than 50 miles

apart.

(C)  Such farm or farms and a place of business

located within a radius of 50 miles from such farm or

farms for the purpose of buying or selling

agricultural commodities or supplies.

(D)  Such farm or farms and a place of business

located within a radius of 50 miles from such farm or

farms for the purpose of repairing or servicing of

the farm vehicle or the trailer or semitrailer being

towed or hauled by the farm vehicle.

(i.2)  Type B--Such a farm vehicle with a gross

vehicle weight rating of greater than 10,000 pounds and

not exceeding 17,000 pounds may be driven upon highways

only from sunrise to sunset and between:

(A)  Parts of one such farm.

(B)  Such farms located not more than 25 miles

apart.

(C)  Such farm or farms and a place of business

located within a radius of 25 miles from such farm or

farms for the purpose of buying or selling

agricultural commodities or supplies.

(D)  Such farm or farms and a place of business

located within a radius of 50 miles from such farm or

farms for the purpose of repairing or servicing of

the farm vehicle or the trailer or semitrailer being

towed or hauled by the farm vehicle.

(i.3)  Type C--Such a farm vehicle which does qualify

as a motor carrier vehicle and which does not display a

currently valid certificate of inspection may be driven

upon highways only from sunrise to sunset and between:

(A)  Parts of one such farm.

(B)  Such farms located not more than ten miles

apart.

(C)  Such farm or farms and a place of business

located within a radius of ten miles from such farm

or farms for the purpose of buying or selling

agricultural commodities or supplies.

(D)  Such farm or farms and a place of business

located within a radius of 25 miles from such farm or

farms for the purpose of repairing or servicing of

the farm vehicle or the trailer or semitrailer being

towed or hauled by the farm vehicle.

(i.4)  Type D--Such a farm vehicle which does qualify

as a motor carrier vehicle and displays a currently valid

certificate of inspection may be driven without any

restriction as to time but may only be driven on highways

between:

(A)  Parts of one such farm.

(B)  Such farms located not more than 50 miles

apart.

(C)  Such farm or farms and a place of business

located within a radius of 50 miles from such farm or

farms for the purpose of buying or selling

agricultural commodities or supplies or for repairing

or servicing of the farm vehicle or the trailer or

semitrailer being towed or hauled by the farm

vehicle.

(iii)  A biennial certificate of exemption shall be

required for [such] a farm vehicle exempt under this

paragraph.

(iv)  The owner of the farm vehicle shall maintain

such minimum levels of liability insurance coverage on

the vehicle as are required to be maintained under

Chapter 17 (relating to financial responsibility) by

owners of registered motor vehicles. The owner shall

satisfy the requirements of this subparagraph if the

minimum amounts of liability insurance coverage for the

farm vehicle have been provided under farm liability

insurance coverage maintained generally by the owner.

Coverage prescribed in Subchapter B of Chapter 17 shall

not be required to be maintained or provided for the farm

vehicle.

* * *

(17)  Any multipurpose agricultural vehicle. Vehicles

exempt from registration under this paragraph shall be used

exclusively upon a farm or farms owned or operated by the

owner of the vehicles or upon highways between:

(i)  Parts of one such farm.

(ii)  Such farms located not more than [two] five 

miles apart.

* * *

Section 3.  Sections 1924(b), 4702(a) and 4703(a) of Title 75

are amended to read:

§ 1924.  Farm vehicles.

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(b)  Certificate of exemption.--The biennial processing fee

for a certificate of exemption issued in lieu of registration of

a farm vehicle shall be determined by the type of certificate

issued and the gross weight or combination weight or weight

rating according to the following table:

§ 4702.  Requirement for periodic inspection of vehicles.

(a)  Annual safety inspection.--Except as provided in

subsection (b), the department shall establish a system of

annual safety inspection of vehicles, including emergency

vehicles, farm vehicles with a gross weight or gross vehicle

weight rating of greater than 17,000 pounds for which a Type [I] 

D biennial certificate of exemption has been issued and private

noncommercial vehicles used to transport students.

* * *

§ 4703.  Operation of vehicle without official certificate of

inspection.

(a)  General rule.--Except as otherwise provided in this

section, no motor vehicle required to bear current registration

plates issued by this Commonwealth and no farm vehicle with a

gross weight or gross vehicle weight rating of greater than

17,000 pounds for which a Type [I] D biennial certificate of

exemption has been issued shall be driven and no trailer

required to bear current registration plates issued by this

Commonwealth shall be moved on a highway and no mass transit

vehicle shall be operated unless the vehicle displays a

currently valid certificate of inspection issued under this

chapter.

* * *

Section 4.  Section 4921(b) of Title 75 is amended by adding

a paragraph to read:

§ 4921.  Width of vehicles.

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(b)  Special vehicles.--

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(2)  Any implement of husbandry not exceeding 14 feet 6

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inches in width may be driven, hauled or towed [between

sunrise and sunset] on highways other than freeways without

any restriction as to time. Such an implement of husbandry

operating between sunset and sunrise shall have two rotating

yellow beacons and vehicular hazard signal lamps operating.

Such an implement of husbandry may be driven:

(i)  Between parts of one farm owned or operated by

the owner of the implement of husbandry.

(ii)  Between farms owned or operated by the owner of

the implement of husbandry located not more than 50 miles

apart.

(iii)  Between:

(A)  farms; or

(B)  a farm owned or operated by a farmer and a

place of business of a mechanic or dealer in

implements of husbandry;

located not more than 150 miles away for the purpose of

buying, selling, trading, loaning and leasing,

demonstrating, repairing or servicing the implement of

husbandry.

(iv)  Between a farm owned or operated by the owner

of the implement of husbandry and a farm operated by

another farmer located not more than 50 miles from the

farm of the owner of the implement of husbandry where the

owner or operator of the implement of husbandry is

providing agricultural services.

(2.1)  Any implement of husbandry, exceeding 14 feet 6

inches and not exceeding 16 feet in width, may be driven,

hauled or towed between sunrise and sunset on highways other

than freeways if the implement of husbandry is covered by

financial responsibility under paragraph (2.2)(viii) and is

preceded by a pilot vehicle that displays an "oversize load"

sign on the front of the vehicle and has continuously

activated hazard warning lamps. Implements of husbandry

subject to this paragraph may be driven, hauled or towed:

(i)  Between parts of one farm owned or operated by

the owner of the implement of husbandry.

(ii)  Between farms owned or operated by the owner of

the implement of husbandry located not more than 50 miles

apart.

(iii)  Between:

(A)  farms; or

(B)  a farm owned or operated by a farmer and a

place of business of a mechanic or dealer in

implements of husbandry;

located not more than 150 miles away for the purpose of

buying, selling, trading, loaning and leasing,

demonstrating, repairing or servicing the implement of

husbandry.

(iv)  Between a farm owned or operated by the owner

of the implement of husbandry and a farm owned or

operated by another farmer located not more than 50 miles

from the farm of the owner of the implement of husbandry

where the owner or operator of the implement of husbandry

is providing agricultural services.

(2.2)  An implement of husbandry exceeding 14 feet 6

inches and not exceeding 16 feet in width may be driven,

hauled or towed on highways other than freeways between

sunset and sunrise within 25 miles of the farm or farms owned

or operated by the owner of the implement of husbandry if all

of the following are met:

(i)  the implement of husbandry is equipped with

reflective edgemarks that are visible from the front, the

rear and, as is practicable, from the side;

(ii)  the implement of husbandry is equipped with and

is operating hazard lamps in accordance with the

regulations of the department;

(iii)  the implement of husbandry is not driven or

towed at a speed greater than 25 miles per hour;

(iv)  the implement of husbandry is driven or towed

by a person who is at least 18 years of age;

(v)  the implement of husbandry is equipped with at

least one flashing or rotating light positioned to

indicate, as nearly as practicable, the extreme left side

of the implement and is visible for a distance of at

least 500 feet from the front and rear of the implement;

(vi)  the implement of husbandry is equipped with and

is operating at least one rotating yellow beacon or

yellow strobe light at the top of the implement;

(vii)  the implement of husbandry is followed by a

vehicle that is displaying continuously activated hazard

lamps; and

(viii)  the implement of husbandry is covered by the

minimum levels of liability insurance coverage on the

vehicle as are required to be maintained under Chapter 17

(relating to financial responsibility) by owners of

registered motor vehicles. The requirement of this

subparagraph shall be met if the minimum amounts of

liability insurance coverage for the implement of

husbandry have been provided under farm liability

insurance coverage maintained generally by the owner.

Coverage prescribed under Subchapter B of Chapter 17

(relating to motor vehicle liability insurance first

party benefits) shall not be required to be maintained or

provided for the implement of husbandry.

* * *

(5)  [An implement of husbandry or] A vehicle used

exclusively for highly perishable crops for processing and

not exceeding 14 feet 6 inches in width may be operated on

highways other than freeways between sunset and sunrise only

during the period of May 20 to October 15. The [implement or] 

vehicle, when used at this time, shall have two rotating

yellow beacons and vehicular hazard signal lamps operating.

(4.1)  A vehicle not exceeding 14 feet 6 inches in width

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may be towed by an implement of husbandry exempt from

registration under section 1302(2.1) and (2.2) (relating to

vehicles exempt from registration) without any restriction as

to time on highways other than freeways, if the implement

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towing the vehicle is being operated in accordance with

subsection (a) or this subsection and the towed vehicle, when

towed between sunset and sunrise, meets the applicable

requirements for display and operation of rear lighting under

sections 4303(b) and (c)(relating to general lighting

requirements) and 4305 (relating to vehicular hazard signal

lamps). to time on highways other than freeways, if all of

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the following apply:

(i)  The implement towing the vehicle is being

operated in accordance with subsection (a) or this

subsection.

(ii)  The towed vehicle, when towed between sunset

and sunrise, has and operates at least one flashing or

revolving yellow light or yellow strobe light, which

shall be mounted to provide visibility to vehicles

approaching from any direction, 360 degree visibility,

regardless of the method of mounting and hazard signal

lamps.

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

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Section 4.1.  Section 4923(a)(2)(iii) of Title 75 is amended

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to read:

§ 4923.  Length of vehicles.

(a)  Motor vehicles.--

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(2)  Paragraph (1) does not apply to the following:

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(iii)  An articulated bus which does not exceed [60]

63 feet.

* * *

Section 5.  This act shall take effect as follows:

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(1)  The amendment or addition of 75 Pa.C.S. § 1302(2),

(2.1), (2.2), (10) and (17) shall take effect in 120 days.

(2)  This section shall take effect immediately.

(3)  The remainder of this act shall take effect in 60

days.