PRINTER'S NO. 1009
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
827
Session of
2021
INTRODUCED BY J. WARD, STEFANO, PITTMAN AND MENSCH,
JULY 26, 2021
REFERRED TO TRANSPORTATION, JULY 26, 2021
AN ACT
Establishing the Weigh Station Preclearance Program in the
Pennsylvania State Police; and providing for criteria for
preclearance system and devices and for data access.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Weigh Station
Preclearance Program Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Preclearance system provider." A provider of the
preclearance system under section 4(a).
"Program." The Weigh Station Preclearance Program
established under section 3(a).
"Weigh station." A roadside station where commercial
vehicles are required to stop for weight and safety inspections
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by the Pennsylvania State Police.
Section 3. Establishment and operation of program.
(a) Establishment.--The Pennsylvania State Police shall
establish the Weigh Station Preclearance Program in accordance
with the commercial vehicle information systems and networks
electronic screening truck inspection and weigh station
preclearance standards authorized by the Federal Motor Carrier
Safety Administration.
(b) Operation.--The Pennsylvania State Police shall operate
the program at each location where commercial vehicle
enforcement is conducted. A preclearance system provider's
devices and platform shall be used uniformly at each location
where the program is operated in accordance with section 4.
(c) Standards.--The Pennsylvania State Police shall
establish standards for the program in order to meet the needs
of this Commonwealth and conform with weigh station preclearance
programs in other states, including standards regarding safety
history credential status.
Section 4. Criteria for preclearance system and devices.
(a) Preclearance system.--The program shall be administered
by a preclearance system. The preclearance system shall meet all
of the following criteria:
(1) The preclearance system shall be GPS-based and be
able to be used at both fixed enforcement facilities and
mobile or remote locations.
(2) The preclearance system shall be broadly deployed
across the United States for interstate operability purposes
on the effective date of this section and be accessible by a
wide range of in-cab commercial radio services network
devices.
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(b) Additional equipment.--Installation of additional
equipment within or adjacent to a roadway shall not be required
for the purpose of communication with devices operating within
the preclearance system under subsection (a).
(c) Software and hardware.--Computer software and hardware
that is necessary for the use of the preclearance system under
subsection (a) shall be made available at no cost to the
Pennsylvania State Police. The preclearance system provider
shall be responsible for all costs of operating and maintaining
the computer software and hardware. The computer software and
hardware shall meet all of the following criteria:
(1) The computer software and hardware shall meet the
requirements of the Federal Motor Carrier Safety
Administration for core compliance with the commercial
vehicle information systems and networks electronic screening
truck inspection and weigh station preclearance standards.
(2) In-vehicle equipment shall be operated in compliance
with applicable State law and regulations relating to hands
free devices and distracted driving.
(3) Preclearance messaging shall be transmitted and
received by the driver through electronic messaging within
the cab of the commercial vehicle.
Section 5. Data access.
The Pennsylvania State Police shall have unrestricted access
to roadside event data provided by the preclearance system under
section 4(a) as part of the program, including real-time event
data and real-time sensor data.
Section 6. Regulations.
The Pennsylvania State Police may establish policies,
standards, rules and regulations as necessary to implement the
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provisions of this act, including authorized devices that meet
the requirements under section 4(c) for use in the program.
Section 7. Consultation.
The Pennsylvania State Police may consult with the Department
of Transportation as necessary for the implementation of this
act.
Section 8. Effective date.
This act shall take effect in 180 days.
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