HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ARGALL, JUNE 14, 2011

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 2, 2012   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in commercial drivers, further providing for

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employer responsibilities and for requirement for commercial

driver's license; in fees, further providing for annual

hauling permits; and, in rules of the road, further providing

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for vehicles required to stop at railroad crossings; in

powers of department and local authorities, further providing

for applicability and uniformity of title; in liquid fuels

and fuels tax, further providing for disposition and use of

tax; in size, weight and load, further providing for

conditions and security and for permit for movement during

course of manufacture and providing for egg movement permits.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1943 of Title 75 of the Pennsylvania

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Consolidated Statutes is amended by adding a subsection to read:

Section 1.  Sections 1605(b) and 1606(a) of Title 75 of the

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Pennsylvania Consolidated Statutes are amended to read:

§ 1605.  Employer responsibilities.

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(b)  Prohibitions.--No employer shall knowingly allow,

require, permit or authorize a driver to drive a commercial

motor vehicle [during any period]:

(1)  during any period in which:

(i)  the driver's license was suspended, revoked or

canceled by a state;

(ii)  the driver has lost the privilege to drive a

commercial motor vehicle in a state;

(iii)  the driver has been disqualified from driving

a commercial motor vehicle;

(iv)  the driver is not licensed to drive a

commercial vehicle;

(v)  the driver is not qualified by required class or

endorsement to operate the commercial vehicle being

driven; or

(vi)  the driver, or the commercial motor vehicle the

driver is driving, or the motor carrier operation is

subject to an out-of-service order; [or]

(2)  during any period in which the driver has more than

one driver's license[.]; or

(3)  in violation of a Federal, State or local law or

regulation pertaining to railroad-highway grade crossing.

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§ 1606.  Requirement for commercial driver's license.

(a)  When required.--No person, except those specifically

exempted in subsection (b), shall drive a commercial motor

vehicle unless [the person has been issued and is in immediate

possession of a valid commercial driver's license and applicable

endorsements valid for the vehicle he is driving.]:

(1)  the person has been issued a commercial driver's

license;

(2)  the person's commercial driver's license is in his

immediate possession; and

(3)  the person's commercial driver's license was issued

for the class of commercial motor vehicle operated and

contains all applicable license endorsements.

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Section 2.  Section 1943 of Title 75 is amended by adding a

subsection to read:

§ 1943.  Annual hauling permits.

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(g.1)  Eggs.--The annual fee for movement of each vehicle

hauling eggs as provided for in section 4976.2 (relating to

permit for movement of eggs) shall be $400.

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Section 3.  Section 3342(g) of Title 75 is amended and the

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section is amended by adding subsections to read:

§ 3342.  Vehicles required to stop at railroad crossings.

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(g)  Requirement upon approaching tracks.--[Every] Upon

approaching any track of a railroad, the driver of every 

commercial motor vehicle as defined by section 1603 (relating to

definitions) other than those listed in subsection (b) shall[,

upon approaching any track or tracks of a railroad, be driven at

a rate of speed which will permit the commercial motor vehicle

to be stopped before reaching the nearest rail of the railroad

crossing and shall not be driven upon or over such crossing

until the course is clear.]:

(1)  reduce the rate of speed of the commercial motor

vehicle and check that the tracks are free of approaching

trains; and

(2)  stop the vehicle if the tracks are not clear.

(h)  Railroad grade crossing.--No commercial motor vehicle

may proceed onto a railroad grade crossing unless:

(1)  there is sufficient space to drive completely

through the crossing without stopping; and

(2)  the vehicle has sufficient undercarriage clearance

to allow the vehicle to drive completely through the railroad

grade crossing without stopping.

(i)  Traffic control.--No driver of a commercial motor

vehicle may fail to obey a traffic control device or direction

of an enforcement officer at a railway grade crossing.

Section 2 4.  Section 4962(f) of Title 75 is amended to read:  

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§ 4962.  Conditions of permits and security for damages.

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(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 4976.2 (relating to permit for movement of eggs).

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 4979.6 (relating to permit for movement of waste

tires).

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Section 3 5.  Section 4968(a.1)(3) of Title 75 is amended and

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subsection (a.2) is amended by adding a paragraph to read:

§ 4968.  Permit for movement during course of manufacture.

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

authorizing movement on specified highways of:

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(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 or cryogenic liquid 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.--

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(13)  A combination of vehicles that hauls cryogenic

liquid from a manufacturing or processing facility to another

manufacturing or processing facility may be permitted by the

department and local authorities to move upon highways within

their respective jurisdiction if the gross weight does not

exceed 102,000 pounds. No permit may be issued for this type

of movement upon an interstate highway.

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Section 4 6.  Title 75 is amended by adding a section to

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read:

§ 4976.2  Permit for movement of eggs.

(a)  Authorization.--Except as set forth in subsection (b),

all of the following apply:

(1)  An annual permit may be issued authorizing the

movement on highways to haul eggs to or from a processor by

a combination of vehicles which exceeds the maximum vehicle

gross weight specified in Subchapter C (relating to maximum

weights of vehicles).

(2)  On a vehicle permitted under this section:

(i)  overall gross weight may not exceed 95,000

pounds; and

(ii)  weight on a nonsteering axle may not exceed

21,000 pounds.

(b)  Exception.--No permit may be issued for this type of

movement upon an interstate highway.

Section 7.  Section 6101 of Title 75 is amended to read:

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§ 6101.  Applicability and uniformity of title.

(a)  Requirement.--The provisions of this title shall be

applicable and uniform throughout this Commonwealth and in all

political subdivisions in this Commonwealth, and no local

authority shall enact or enforce any ordinance on a matter

covered by the provisions of this title unless expressly

authorized.

(b)  Sanctions.--When a court of competent jurisdiction

determines and notifies the department that an ordinance adopted

by a local authority is in violation of subsection (a),

commencing 40 days following entry of a final order, unless an

appeal has been timely filed with a court of record, the

following sanctions apply until the local authority repeals or

substantially amends the ordinance to remove the language that

was found to be in violation of subsection (a):

(1)  Suspension of unobligated capital expenditures for

bridges and highways.

(2)  Suspension of allocation under the act of June 1,

1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels

Tax Municipal Allocation Law.

(3)  Suspension of allocation and apportionment under

section 9010(c.1) (relating to disposition and use of tax).

(4)  Suspension of expenditures from the special fund

into which allocations under the act of June 1, 1956 (1955

P.L.1944, No.655), referred to as the Liquid Fuels Tax

Municipal Allocation Law, are deposited, unless a contract

for the work that is the subject of the expenditure has been

fully executed or the moneys have been otherwise obligated.

(c)  Suspended funds.--Upon notification that the local

authority has repealed or substantially amended the ordinance to

remove the language that was found to be in violation of

subsection (a), the department shall immediately end all

sanctions against the local authority and return all suspended

funds to the local authority.

Section 8.  Section 9010(c) introductory paragraph of Title

75 is amended and the section is amended by adding subsections 

to read:

§ 9010.  Disposition and use of tax.

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(c)  Allocation of money.--[The] Except as set forth in

subsection (c.1), the county commissioners may allocate and

apportion money from the County Liquid Fuels Tax Fund to the

political subdivisions within the county in the ratio as

provided in this subsection. When the unencumbered balance in

the County Liquid Fuels Tax Fund is greater than the receipts

for the 12 months immediately preceding the date of either of

the reports, the county commissioners shall notify the political

subdivisions to make application within 90 days for

participation in the redistribution of the unencumbered balance.

Redistribution shall be effected within 120 days of the date of

either of the reports. The county commissioners may distribute

the unencumbered balance in excess of 50% of the receipts for

the previous 12 months to the political subdivisions making

application in the following manner:

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(c.1)  Forfeiture.--All money allocated under subsection (c)

to a political subdivision which, under section 6109(a)

(relating to specific powers of department and local

authorities), violates section 6101(a) (relating to

applicability and uniformity of title) shall be withheld by the

county during the period of time in which the municipality is in

violation of section 6101(a).

(c.2)  Release funds.--Upon notification that the local

authority has repealed or substantially amended the ordinance to

remove the language that was found to be in violation of section

6101(a), the county shall release those funds withheld by the

county and due the local agency.

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Section 5 9.  This act shall take effect in 60 days.

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