Regular Session 2017-2018 House Bill 1936 P.N. 4275

SENATE AMENDED

PRIOR PRINTER'S NO. 2753

PRINTER'S NO. 4275

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1936

Session of

2017

INTRODUCED BY WENTLING, WARD, MILLARD, B. MILLER, WHEELAND AND

A. HARRIS, NOVEMBER 27, 2017

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 16, 2018

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, IN GENERAL PROVISIONS RELATING TO SIZE, WEIGHT AND

LOAD, FURTHER PROVIDING FOR RESTRICTIONS ON USE OF HIGHWAYS

AND BRIDGES; AND, in snowmobiles and all-terrain vehicles,

further providing for operation by persons under age sixteen

and for mufflers and sound controls.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 7725(b.1) and 7743(a) of Title 75 of the

Pennsylvania Consolidated Statutes are amended to read:

SECTION 1. SECTIONS 4902(A)(4) AND (5), 7725(B.1) AND

7743(A) OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES

ARE AMENDED TO READ:

§ 4902. RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES.

(A) RESTRICTIONS BASED ON CONDITION OF HIGHWAY OR BRIDGE.--

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(4) THE METHODOLOGY UNDER PARAGRAPH (3) MAY ALLOW FOR

EXEMPTIONS FROM 67 PA. CODE CH. 189 (RELATING TO HAULING IN

EXCESS OF POSTED WEIGHT LIMIT) RELATED TO THE AT-RISK

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INDUSTRY [SECTORS] OF LOGGING OR OTHER FOREST PRODUCTS

EXPERIENCING A 20% DECLINE IN STATEWIDE EMPLOYMENT BETWEEN

MARCH 2002 AND MARCH 2011, AS DETERMINED BY THE DEPARTMENT OF

LABOR AND INDUSTRY.

(5) THE EXEMPTIONS AND RELATED REQUIREMENTS UNDER

PARAGRAPH (4) MAY REMAIN IN EXISTENCE ONLY UNTIL DECEMBER 31,

[2018] 2023. EXEMPTIONS FOR LOCAL DELIVERY OR PICKUP MAY NOT

INCLUDE TRAFFIC GOING TO OR COMING FROM A SITE AT WHICH

MINERALS, NATURAL GAS OR NATURAL RESOURCES ARE DEVELOPED,

HARVESTED OR EXTRACTED, NOTWITHSTANDING WHETHER THE SITE IS

LOCATED AT A RESIDENCE, A COMMERCIAL SITE OR ON FARMLAND.

DELIVERY OR PICKUP OF LOGS OR OTHER FOREST PRODUCTS TO OR

FROM PERMANENT PROCESSING MILLS LOCATED ON OR REACHABLE ONLY

THROUGH POSTED HIGHWAYS SHALL BE CONSIDERED LOCAL DELIVERY OR

PICKUP. DELIVERY OR PICKUP OF COAL TO OR FROM PERMANENT COAL

REPROCESSING OR PREPARATION PLANTS LOCATED ON OR REACHABLE

ONLY THROUGH POSTED HIGHWAYS AND NOT ON THE SAME POSTED

HIGHWAY AS A SITE AT WHICH COAL IS EXTRACTED SHALL BE

CONSIDERED LOCAL DELIVERY OR PICKUP.

* * *

§ 7725. Operation by persons under age sixteen.

* * *

(b.1) ATV size restrictions.--No person shall operate an ATV

bearing a certification label conforming to ANSI/SVIA 1 - 2010,

or its successor standard, in violation of the age

recommendation warning label affixed by the manufacturer. An ATV

not bearing a certification label conforming to ANSI/SVIA 1 -

2010, or its successor standard, operated in this Commonwealth

by a person eight or nine years of age shall have an engine size

of 70cc or less.

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§ 7743. Mufflers and sound control.

(a) General rule.--It is unlawful to operate a snowmobile or

an ATV which is not equipped at all times with a muffler in good

working order which blends the exhaust sound into the overall

snowmobile or ATV sound and is in constant operation to prevent

excessive or unusual [noise] sound. The exhaust system shall not

emit or produce a sharp popping or crackling sound. The sound

intensity produced by a snowmobile shall not exceed 82dbA when

measured in accordance with SAE Recommended Practice J 192

Exterior Sound Level for Snowmobiles, as amended. The department

may by regulation adopt more stringent [noise] sound

requirements for snowmobiles. The department shall by regulation

adopt [noise] sound requirements for in-use operation of ATV's

using measurement procedures in accordance with [ANSI/SAE] SAE

Recommended Practice J 1287 July 1998, Measurement of Exhaust

Level of Stationary Motorcycles. The sound level intensity

produced by an ATV manufactured before January 1, 1998, shall

not exceed 99dbA, or decibels, when measured at 20 inches. The

sound level intensity produced by an ATV manufactured on or

after January 1, 1998, shall not exceed 96dbA, or decibels, when

measured at 20 inches.

* * *

Section 2. This act shall take effect immediately.

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