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HOUSE AMENDED
PRIOR PRINTER'S NOS. 1008, 2055
PRINTER'S NO. 2106
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
796
Session of
2017
INTRODUCED BY GORDNER, EICHELBERGER, RAFFERTY, MENSCH, AUMENT,
WAGNER AND STEFANO, JUNE 22, 2017
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 16, 2018
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, IN GENERAL PROVISIONS, FURTHER PROVIDING FOR
DEFINITIONS; IN CERTIFICATE OF TITLE AND SECURITY INTERESTS,
FURTHER PROVIDING FOR TRANSFER OF OWNERSHIP OF VEHICLES USED
FOR HUMAN HABITATION; in fees, further providing for
exemptions from other fees. AND PROVIDING FOR RECREATIONAL
TRAILERS AND RECREATIONAL CARGO TRAILERS AND FOR SPECIAL
PROCEDURES FOR TRAILER REGISTRATION; AND, IN SIZE, WEIGHT AND
LOAD, FURTHER PROVIDING FOR RESTRICTIONS ON USE OF HIGHWAYS
AND BRIDGES AND FOR REGISTERED GROSS WEIGHT.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1902(8) of Title 75 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a paragraph to read:
SECTION 1. THE DEFINITION OF "RECREATIONAL TRAILER" IN
SECTION 102 OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED AND THE SECTION IS AMENDED BY ADDING A
DEFINITION TO READ:
§ 102. DEFINITIONS.
SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
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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:
* * *
"RECREATIONAL CARGO TRAILER." A TRAILER DESIGNED OR ADAPTED
FOR THE PURPOSES OF TRANSPORTING ANIMALS OR VEHICLES FOR
NONCOMMERCIAL RECREATIONAL USE, SUCH AS A HORSE TRAILER,
WATERCRAFT TRAILER OR ALL-TERRAIN TRAILER.
"RECREATIONAL TRAILER." A TRAILER DESIGNED OR ADAPTED [AND
USED EXCLUSIVELY FOR RECREATIONAL PURPOSES.] TO PROVIDE
TEMPORARY LIVING QUARTERS FOR NONCOMMERCIAL RECREATIONAL,
CAMPING OR TRAVEL USE .
* * *
SECTION 2. SECTION 1111.1(A) OF TITLE 75 IS AMENDED TO READ:
§ 1111.1. TRANSFER OF OWNERSHIP OF VEHICLES USED FOR HUMAN
HABITATION.
(A) TAX STATUS CERTIFICATION.--IF A MOBILE HOME OR
MANUFACTURED HOME THAT HAS BEEN ANCHORED TO THE GROUND TO
FACILITATE CONNECTIONS WITH ELECTRICITY, WATER AND SEWERAGE, AND
PREVIOUSLY TITLED IN THIS COMMONWEALTH TO A PERSON USING THE
MOBILE HOME OR MANUFACTURED HOME AS A RESIDENCE IN THIS
COMMONWEALTH IMMEDIATELY PRECEDING ITS SALE OR TRANSFER, IS
OFFERED FOR SALE OR TRANSFER, THE TRANSFEROR SHALL OBTAIN A TAX
STATUS CERTIFICATION FROM THE TAX CLAIM BUREAU OF THE COUNTY IN
WHICH THE MOBILE HOME OR MANUFACTURED HOME IS SITUATED SHOWING
THE COUNTY, MUNICIPAL AND SCHOOL DISTRICT REAL ESTATE TAXES DUE
ON THE MOBILE HOME OR MANUFACTURED HOME, AS SHOWN BY THE
BUREAU'S RECORDS AS OF THE DATE OF THE CERTIFICATION, INCLUDING
ANY DELINQUENT TAXES TURNED OVER TO A THIRD PARTY FOR
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COLLECTION. THE TAX STATUS CERTIFICATION SHALL BE PROVIDED TO
THE TRANSFEREE AND THE DEPARTMENT IN CONJUNCTION WITH THE
TRANSFER OF THE MOBILE HOME OR MANUFACTURED HOME AND SHALL
INCLUDE THE FOLLOWING:
(1) THE PARCEL NUMBER ASSIGNED TO THE VEHICLE.
(2) THE AMOUNT OF CURRENT OR DELINQUENT TAXES OWED FROM
THE PARCEL NUMBER.
(3) THE DATE UPON WHICH A TAX FOR THE PARCEL NUMBER WILL
ACCRUE AND THE TAXING PERIOD THAT THE TAX WILL COVER.
(4) THE ADDRESSES AND TELEPHONE NUMBERS OF THE TAX
COLLECTION AUTHORITY AND TAX CLAIM BUREAU OR EQUIVALENT
OFFICE.
* * *
SECTION 3 2. SECTION 1902(8) OF TITLE 75 IS AMENDED AND THE
SECTION IS AMENDED BY ADDING PARAGRAPHS TO READ:
§ 1902. Exemptions from other fees.
No fee shall be charged under this title for or to any of the
following:
* * *
(8) Volunteer emergency service personnel who require a
certified driving record for certification under [the act of
July 3, 1985 (P.L.164, No.45), known as the Emergency Medical
Services Act] 35 Pa.C.S. Ch. 81 (relating to emergency
medical services system).
* * *
(11) Notwithstanding section 1617 (relating to fees),
the change of address on a commercial driver's license,
including a commercial driver's license with a motorcycle
endorsement, if an individual's current address has been
changed by a government entity.
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Section 2. This act shall take effect in 60 days.
(12) A DUPLICATE REGISTRATION CARD ORDERED AT THE TIME
OF AN ONLINE TRANSACTION WHERE THE APPLICANT PRINTS THE
REGISTRATION CREDENTIAL. THIS PARAGRAPH DOES NOT APPLY TO
DUPLICATE REGISTRATION CARDS PROCESSED BY THE DEPARTMENT OR
AN AGENT SERVICE OF THE DEPARTMENT IN AN OVER-THE-COUNTER
TRANSACTION OR BY MAIL.
SECTION 4 3. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:
§ 1920.1. RECREATIONAL TRAILERS AND RECREATIONAL CARGO
TRAILERS .
(A) GENERAL RULE.--THE ANNUAL FEE FOR REGISTRATION OF A
RECREATIONAL TRAILER OR RECREATIONAL CARGO TRAILER SHALL BE
DETERMINED BY ITS REGISTERED GROSS WEIGHT ACCORDING TO THE
FOLLOWING TABLE:
REGISTERED GROSS
WEIGHT IN POUNDS FEE
8,000 OR LESS $12
8,001 - 13,000 35
13,001 OR MORE 90
(B) OPTIONAL FIVE-YEAR REGISTRATION.--A RECREATIONAL TRAILER
OR RECREATIONAL CARGO TRAILER WITH A REGISTERED GROSS WEIGHT OF
13,000 POUNDS OR LESS MAY BE REGISTERED FOR A PERIOD OF FIVE
YEARS UPON PAYMENT BY THE REGISTRANT OF THE APPLICABLE FEE FOR
SUCH PERIOD.
(C) OPTIONAL PERMANENT REGISTRATION.--THE FOLLOWING APPLY:
(1) A RECREATIONAL TRAILER OR RECREATIONAL CARGO TRAILER
WITH A REGISTERED GROSS WEIGHT OF 13,001 OR MORE POUNDS MAY
BE REGISTERED FOR A ONE-TIME FEE OF $425 IN LIEU OF THE
ANNUAL FEE AT THE OPTION OF THE REGISTRANT.
(2) A PERMANENT REGISTRATION OF A RECREATIONAL TRAILER
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OR RECREATIONAL CARGO TRAILER UNDER THIS SECTION MAY BE
TRANSFERRED TO ANOTHER RECREATIONAL TRAILER OR RECREATIONAL
CARGO TRAILER ONE TIME UPON PAYMENT OF THE FEE UNDER SECTION
1927 (RELATING TO TRANSFER OF REGISTRATION).
§ 1920.2. SPECIAL PROCEDURES FOR TRAILER REGISTRATION.
(A) GENERAL RULE.--APPLICATION FOR CERTIFICATE OF TITLE AND
THE REGISTRATION OF A TRAILER, INCLUDING A RECREATIONAL TRAILER
OR RECREATIONAL CARGO TRAILER , SHALL BE MADE UPON AN APPROPRIATE
FORM FURNISHED BY THE DEPARTMENT. DEPARTMENT INFORMATION SHALL
CONTAIN THE DEFINITIONS OF RECREATIONAL TRAILER AND RECREATIONAL
CARGO TRAILER AS SET FORTH UNDER SECTION 102 (RELATING TO
DEFINITIONS).
(B) PENALTY.--AN APPLICANT WHO FALSELY CERTIFIES THAT A
TRAILER IS A RECREATIONAL TRAILER OR RECREATIONAL CARGO TRAILER
ON AN APPLICATION FOR A TRAILER REGISTRATION IS SUBJECT TO THE
PENALTY UNDER 18 PA.C.S. § 4904(B) (RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES).
SECTION 5 4. SECTIONS 4902(A)(4) AND (5) AND 4942(C) OF
TITLE 75 ARE AMENDED TO READ:
§ 4902. RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES.
(A) RESTRICTIONS BASED ON CONDITION OF HIGHWAY OR BRIDGE.--
* * *
(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
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
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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.
* * *
§ 4942. REGISTERED GROSS WEIGHT.
* * *
(C) COMBINATION.--NO COMBINATION CONTAINING A TRAILER HAVING
A GROSS WEIGHT OR REGISTERED GROSS WEIGHT IN EXCESS OF 10,000
POUNDS SHALL BE OPERATED WITH A GROSS WEIGHT IN EXCESS OF THE
REGISTERED GROSS WEIGHT OF THE TRUCK OR TRUCK TRACTOR FOR A
COMBINATION. THIS SUBSECTION SHALL NOT APPLY TO A COMBINATION OF
VEHICLES CONSISTING OF A MOTOR VEHICLE TOWING A RECREATIONAL
TRAILER OR RECREATIONAL CARGO TRAILER, REGISTERED AS SUCH, AS
LONG AS THE COMBINATION WEIGHT DOES NOT EXCEED THE SUM OF THE
MANUFACTURER'S RATED AXLE CAPACITIES OR THE GROSS COMBINATION
WEIGHT RATING , WHICHEVER IS LESS .
SECTION 6 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE AMENDMENT OR ADDITION OF 75 PA.C.S. §§
1111.1(A), 1902(8) AND (12) 1902(8) AND 4902(A)(4) AND (5)
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SHALL TAKE EFFECT IN 60 DAYS.
(2) THE ADDITION OF 75 PA.C.S. § 1902(11) SHALL TAKE
EFFECT IN 90 DAYS.
(3) THE ADDITION OF 75 PA.C.S. §§ 1902(12), 1920.1 AND
1920.2 SHALL TAKE EFFECT IN ONE YEAR.
(3) (4) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
(4) (5) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN
180 DAYS.
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