PRIOR PRINTER'S NO. 122
PRINTER'S NO. 1554
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
145
Session of
2021
INTRODUCED BY BROOKS, SCAVELLO, PITTMAN, STEFANO AND BOSCOLA,
JANUARY 29, 2021
SENATOR LANGERHOLC, TRANSPORTATION, AS AMENDED, APRIL 6, 2022
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in commercial drivers, further providing for
requirement for commercial driver's license; and, in size,
weight and load, further providing for restrictions on use of
highways and bridges and for conditions of permits and
security for damages. IN SIZE, WEIGHT AND LOAD, FURTHER
PROVIDING FOR RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1606(b) of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 1606. Requirement for commercial driver's license.
* * *
(b) Exemptions.--The following persons are not required to
obtain a commercial driver's license in order to drive the
commercial motor vehicle specified:
* * *
(9) A driver, employed by a political subdivision,
operating a commercial motor vehicle within the boundaries of
the political subdivision for the purpose of removing snow or
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ice from a roadway by plowing, sanding or salting, if:
(i) the properly licensed employee who ordinarily
operates a commercial motor vehicle for the purpose of
removing snow or ice from a roadway by plowing, sanding
or salting is unable to operate the vehicle; or
(ii) the political subdivision determines that a
snow or ice emergency exists that requires additional
assistance.
* * *
Section 2. Section 4902(a) of Title 75 is amended to read:
§ 4902. Restrictions on use of highways and bridges.
(a) Restrictions based on condition of highway or bridge.--
(1) The Commonwealth and local authorities with respect
to highways and bridges under their jurisdictions may
prohibit the operation of vehicles and may impose
restrictions as to the weight or size of vehicles operated
upon a highway or bridge only when they determine by
conducting an engineering and traffic study as provided for
in department regulations that the highway or bridge may be
damaged or destroyed unless use by vehicles is prohibited or
the permissible size or weight of vehicles is reduced.
(2) School buses, emergency vehicles and vehicles making
local deliveries or pickups may be exempted from restrictions
on the use of highways imposed under this subsection.
(2.1) The following shall apply:
(i) Vehicles operated by municipalities and local
authorities for road maintenance or construction shall be
exempt from restrictions on the use of highways imposed
under this subsection while maintaining or constructing
municipal roads.
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(ii) Vehicles operated by persons under contract
with municipalities or local authorities for road
maintenance shall be exempt from restrictions on the use
of highways imposed under this subsection while
maintaining municipal roads if authorized by the
municipality or local authority. Any vehicle deemed
exempt under this subparagraph shall, while maintaining
municipal roads, carry written documentation signed by an
official of the municipality or local authority that
specifically identifies the vehicle as exempt.
(3) The department [may] shall issue a statement of
policy, which shall take effect upon publication in the
Pennsylvania Bulletin, adopting an appropriate methodology to
provide letters of local determination that identify
particular vehicles, routes or uses as local in nature.
(4) The methodology under paragraph (3) [may] shall
allow for exemptions from 67 Pa. Code Ch. 189 (relating to
hauling in excess of posted weight limit) related to the at-
risk industry of logging or other forest products
experiencing a 20% decline in Statewide employment between
March 2002 and March [2011] 2019, 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,
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
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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.
* * *
Section 3. Section 4962 of Title 75 is amended by adding a
subsection to read:
§ 4962. Conditions of permits and security for damages.
* * *
(f.7) Movement of dozers.--
(1) A permitted vehicle or combination hauling a dozer
with an attached blade in excess of 12 feet in width, but not
wider than 15 feet, may move upon a highway if:
(i) a traffic protector guiderail device is securely
fastened to the dozer; or
(ii) the blade is angled so the total width of the
load does not exceed 12 feet.
(2) A blade over 15 feet in width shall be removed and
hauled separately.
* * *
Section 4. This act shall take effect in 60 days.
SECTION 1. SECTION 4902(A)(5) OF TITLE 75 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED AND THE SUBSECTION
IS AMENDED BY ADDING A PARAGRAPH TO READ:
§ 4902. RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES.
(A) RESTRICTIONS BASED ON CONDITION OF HIGHWAY OR BRIDGE.--
* * *
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(2.1) GOVERNMENT-OWNED VEHICLES, VEHICLES OF LOCAL
GOVERNMENT AGENCY CONTRACTORS PROVIDING MATERIAL FOR
MAINTENANCE AND DEPARTMENT CONTRACTORS ENGAGED IN OR
PROVIDING MATERIAL FOR CONSTRUCTION OR MAINTENANCE SHALL BE
EXEMPTED FROM RESTRICTIONS ON THE USE OF HIGHWAYS, EXCEPT
BRIDGES, IMPOSED UNDER THIS SUBSECTION EXCEPT IN ACCORDANCE
WITH DEPARTMENT REGULATIONS. THE FOLLOWING TYPES OF DOCUMENTS
SHALL CONSTITUTE EVIDENCE THAT A VEHICLE IS TRAVELING TO OR
FROM A SITE IN ACCORDANCE WITH THIS PARAGRAPH:
(I) A BILL OF LADING.
(II) A SHIPPING ORDER.
(III) A SERVICE ORDER OR OTHER DOCUMENT THAT
INDICATES THE ADDRESS OF THE SITE AND PURPOSE OF THE
TRIP.
* * *
(5) THE EXEMPTIONS AND RELATED REQUIREMENTS UNDER
PARAGRAPH (4) MAY REMAIN IN EXISTENCE ONLY UNTIL DECEMBER 31,
[2023] 2028. 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.
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* * *
SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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