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HOUSE AMENDED
PRIOR PRINTER'S NOS. 1419, 1728
PRINTER'S NO. 1806
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1094
Session of
2022
INTRODUCED BY GEBHARD, ARGALL, MARTIN, BARTOLOTTA, GORDNER,
MENSCH, PITTMAN, STEFANO AND DiSANTO, FEBRUARY 23, 2022
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 22, 2022
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, IN REGISTRATION OF VEHICLES, PROVIDING FOR
APPORTIONED REGISTRATION RENEWAL; IN COMMERCIAL DRIVERS,
FURTHER PROVIDING FOR COMMERCIAL DRIVER'S LICENSE; IN
MISCELLANEOUS PROVISIONS, REPEALING PROVISIONS RELATING TO
SNOW AND ICE DISLODGED OR FALLING FROM MOVING VEHICLE AND
PROVIDING FOR SNOW AND ICE; AND, in motor carrier safety,
repealing provisions relating to findings and declaration of
policy and further providing for definitions and for Motor
Carrier Safety Advisory Committee.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7802 of Title 75 of the Pennsylvania
Consolidated Statutes is repealed:
SECTION 1. TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING A SECTION TO READ:
§ 1309.1. APPORTIONED REGISTRATION RENEWAL.
THE DEPARTMENT SHALL ESTABLISH A SYSTEM OF STAGGERED
APPORTIONED REGISTRATION RENEWAL IN A MANNER THAT APPORTIONED
REGISTRATIONS WILL EXPIRE IN NO LESS THAN FOUR PERIODS
THROUGHOUT THE YEAR. IN ORDER TO IMPLEMENT AND MAINTAIN THE
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STAGGERED APPORTIONED REGISTRATION SYSTEM, THE DEPARTMENT MAY
PRORATE ANNUAL APPORTIONED REGISTRATION FEES.
SECTION 2. SECTION 1610(C)(1) OF TITLE 75 IS AMENDED TO
READ:
§ 1610. COMMERCIAL DRIVER'S LICENSE.
* * *
(C) APPLICANT RECORD CHECK.--
(1) BEFORE ISSUING, RENEWING, UPGRADING OR TRANSFERRING
A COMMERCIAL DRIVER'S LICENSE, THE DEPARTMENT SHALL OBTAIN
DRIVING RECORD INFORMATION THROUGH THE COMMERCIAL DRIVER'S
LICENSE INFORMATION SYSTEM, THE DRUG AND ALCOHOL
CLEARINGHOUSE AND THE NATIONAL DRIVER REGISTER.
* * *
SECTION 3. SECTION 3720 OF TITLE 75 IS REPEALED:
[§ 3720. SNOW AND ICE DISLODGED OR FALLING FROM MOVING VEHICLE.
WHEN SNOW OR ICE IS DISLODGED OR FALLS FROM A MOVING VEHICLE
AND STRIKES ANOTHER VEHICLE OR PEDESTRIAN CAUSING DEATH OR
SERIOUS BODILY INJURY, THE OPERATOR OF THE VEHICLE FROM WHICH
THE SNOW OR ICE IS DISLODGED OR FALLS SHALL BE SUBJECT TO A FINE
OF NOT LESS THAN $200 NOR MORE THAN $1,000 FOR EACH OFFENSE.]
SECTION 4. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
§ 3721. SNOW AND ICE.
(A) REMOVAL OF SNOW AND ICE FROM A MOTOR VEHICLE OR MOTOR
CARRIER VEHICLE.--
(1) E XCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A
DRIVER OF A MOTOR VEHICLE OR MOTOR CARRIER VEHICLE BEING
OPERATED ON A HIGHWAY OF THIS COMMONWEALTH SHALL MAKE
REASONABLE EFFORTS TO REMOVE ACCUMULATED ICE OR SNOW FROM THE
MOTOR VEHICLE OR MOTOR CARRIER VEHICLE, INCLUDING THE HOOD,
TRUNK AND ROOF OF THE MOTOR VEHICLE OR MOTOR CARRIER VEHICLE,
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WITHIN 24 HOURS AFTER THE CESSATION OF THE FALLING SNOW OR
ICE.
(2) PARAGRAPH (1) SHALL NOT APPLY IF:
(I) THE DRIVER OF THE MOTOR CARRIER VEHICLE, MASS
TRANSIT VEHICLE, BUS OR SCHOOL BUS IS EN ROUTE TO A
FACILITY TO REMOVE ACCUMULATED ICE OR SNOW AT THE TIME OF
THE STOP UNDER PARAGRAPH (3); OR
(II) COMPLIANCE WITH THIS SECTION WOULD CAUSE THE
DRIVER OF THE MOTOR CARRIER VEHICLE, MASS TRANSIT
VEHICLE, BUS OR SCHOOL BUS TO VIOLATE ANY OTHER FEDERAL
OR STATE LAW OR REGULATION REGARDING WORKPLACE SAFETY OR
WOULD BE A THREAT TO THE HEALTH AND SAFETY OF THE DRIVER.
(3) A DRIVER OF A MOTOR VEHICLE OR MOTOR CARRIER VEHICLE
WHO VIOLATES THIS SUBSECTION MAY BE STOPPED ON A HIGHWAY BY A
POLICE OFFICER IF THE POLICE OFFICER BELIEVES THE ACCUMULATED
ICE OR SNOW MAY POSE A THREAT TO PERSONS OR PROPERTY.
(4) A DRIVER OF A MOTOR VEHICLE OR MOTOR CARRIER VEHICLE
WHO VIOLATES THIS SUBSECTION SHALL BE SUBJECT TO A FINE OF
$50 FOR EACH OFFENSE REGARDLESS OF WHETHER ANY SNOW OR ICE IS
DISLODGED FROM THE VEHICLE.
(B) DISLODGED OR FALLEN SNOW OR ICE.--WHEN SNOW OR ICE IS
DISLODGED OR FALLS FROM A MOVING VEHICLE OR MOTOR CARRIER
VEHICLE AND STRIKES ANOTHER VEHICLE OR PEDESTRIAN CAUSING DEATH
OR SERIOUS BODILY INJURY, THE OPERATOR OF THE VEHICLE FROM WHICH
THE SNOW OR ICE IS DISLODGED OR FALLS SHALL BE SUBJECT TO A FINE
OF NOT LESS THAN $200 NOR MORE THAN $1,500 FOR EACH OFFENSE.
SECTION 5. SECTION 7802 OF TITLE 75 IS REPEALED:
[§ 7802. Findings and declaration of policy.
(a) Findings.--It is hereby determined and declared as a
matter of legislative findings that:
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(1) The operation of the motor carrier industry is a
vital part of the economic health of this Commonwealth by
providing needed goods and services as well as job
opportunities for many Pennsylvanians.
(2) As more and more motor carriers share the road with
other vehicles, public safety concerns continue to rise. The
latest statistics from the National Highway Traffic Safety
Administration indicate that on a national level, while
trucks represent only 3% of vehicles on the road, they were
involved in 13% of highway deaths in 1997 alone, and in the
same year 444,000 large trucks were involved in crashes,
killing 5,355 persons and injuring 133,000 more.
(3) In order to promote the safety of this
Commonwealth's highways and to best safeguard Pennsylvania
residents and their property, it is essential to provide
guidelines to ensure that motor carriers conduct their
operations in a safe, responsible and professional manner.
(b) Declaration of policy.--The purpose of this chapter is
to promote the safe, responsible and professional operation of
motor carriers within this Commonwealth.]
Section 2 6. Section 7803 of Title 75 is amended by adding a
definition to read:
§ 7803. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Motor carrier safety." The safe movement of an individual
or goods on highways that are transported by commercial motor
vehicles as defined in section 1603 (relating to definitions).
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Section 3 7. Section 7804 of Title 75 is amended to read:
§ 7804. Motor Carrier Safety Advisory Committee.
(a) Creation.--There is hereby created a Motor Carrier
Safety Advisory Committee which shall consist of the following
[28] 31 members:
(1) The Secretary of Transportation.
(2) The Chairman of the Pennsylvania Public Utility
Commission.
(3) The Chairman of the Pennsylvania Turnpike
Commission.
(4) The Commissioner of the Pennsylvania State Police.
(5) The Chairman and Minority Chairman of the
Transportation Committee of the Senate.
(6) The Chairman and Minority Chairman of the
Transportation Committee of the House of Representatives.
(7) [Twenty] Twenty-three members of the public
representing the areas of concern specified who shall have
extensive experience and knowledge of motor carrier
transportation and safety activities throughout this
Commonwealth, to be appointed by the Governor as follows:
(i) One representative from the Pennsylvania Chamber
of Business and Industry.
(ii) One representative from the Pennsylvania Chiefs
of Police Association.
(iii) One representative from the Special Court
Judges Association of Pennsylvania.
(iv) Two persons representing the interests of
independent truckers.
(v) Two representatives from the Pennsylvania Motor
Truck Association.
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(vi) [Two representatives from the Pennsylvania
Truck Transportation Alliance] One representative from
the Pennsylvania Manufactured Housing Association.
(vii) One representative from the Pennsylvania AAA
Federation.
(viii) One representative from the Pennsylvania
Public Transportation Association.
(ix) One representative from the Pennsylvania Bus
Association.
(x) One representative from the Pennsylvania School
Bus Association.
(xi) One representative from the [Hardwood Lumber
Manufacturers Association of Pennsylvania] Pennsylvania
Forest Products Association.
(xii) One person representing the interests of motor
carrier drivers.
[(xiii) One person representing the interests of
bulk haulers.
(xiv) One representative from the moving and storage
industry in Pennsylvania.
(xv) One representative from the petroleum industry
in Pennsylvania.]
(xvi) One representative from [a Class I Railroad]
the railroad industry in Pennsylvania.
(xvii) One person representing the interests of
local government.
(xviii) One person representing the interests of the
motor carrier manufacturing industry.
(xix) Six representatives from the transport
industry, each representing one of the following areas:
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(A) Bulk products.
(B) Moving and storage.
(C) Petroleum.
(D) Natural gas.
(E) Coal.
(F) Construction material transportation.
(a.1) Specific vacancy.--If a position or vacancy under
subsection (a)(7) is not filled by the appointing authority
within 120 days of the opening or vacancy, the appointment shall
be made by the President pro tempore of the Senate.
(b) [Chairperson.--The Governor shall appoint one member of
the committee as chairperson.] Officers.--The members of the
committee shall annually elect a chairperson, vice chairperson[,
a secretary and a treasurer] and secretary from among the public
members appointed to the committee.
(c) Designees.--Each member appointed under subsection (a)
(1), (2), (3), (4), (5) and (6) may designate a representative
to serve in his or her stead. A member who designates a
representative shall notify the chairperson in writing of the
designation.
(d) Terms of appointees.--The terms of all members of the
committee appointed by the Governor shall be for three years.
Any member of the committee may be reappointed for an additional
term or terms. [Any person appointed to fill a vacancy shall
serve only for the unexpired term.] Each member shall serve
until the appointment of a successor.
(e) Meetings and expenses.--
(1) The committee shall meet at least four times every
12 months but may hold such additional meetings as are called
by the chairperson or by petition of at least six committee
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members.
(1.1) The chairperson shall provide notice at least 14
days in advance for regular meetings and shall provide a
minimum of three days' notice for special meetings.
(1.2) A majority of the members shall constitute a
quorum for the conduct of business. The secretary shall
maintain a record of meeting attendance by members and shall
provide written notice to appointed members who miss [two]
three consecutive meetings. [Three] Four consecutive
committee meeting absences by an appointed member shall be
grounds for removal if affirmed by a majority vote of the
committee.
(2) Minutes of meetings shall be prepared by the
secretary and filed with the committee and distributed to all
members. All records shall be a matter of public record.
(3) The public members of the committee shall be allowed
actual, necessary and reasonable per diem expenses in
accordance with regulations of the Executive Board. The
department shall provide appropriate staff support to enable
the committee to properly carry out its function.
(f) Powers and duties.--The committee shall have the power
and duty to assess, evaluate and recommend standards for the
safe operation of motor carriers in this Commonwealth,
including, but not limited to, the following objectives:
[(1) Develop continuing education programs for first-
year and second-year CDL drivers and consider incentive
programs for drivers who undergo incremental safety training
and testing throughout their driving careers.
(2) Examine ways in which to increase and document motor
carrier use of the Pennsylvania Turnpike, including the
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possibility of a fuel tax rebate or other incentives.
(3) Study the feasibility of utilizing existing and
developing technology relative to the electronic control
mechanisms of motor carriers to aid in the enforcement of
speed limits.
(4) Develop a policy to address the dissemination of
information among employers of CDL drivers relative to
employee job performance and conduct in order to best protect
the public from unsafe drivers.
(5) Analyze the feasibility of instituting enhanced
penalties for motor carrier moving violations and of
utilizing the amount of the increase as a dedicated source of
funding for the construction of security walls.
(6) Provide a forum for the exchange of information on
the problems associated with travel as passenger vehicles,
motorcycles and motor carriers share the road systems and
consider education initiatives aimed at the motoring public
as well as the motor carrier industry.
(7) Consider any other issue raised in relation to motor
carrier operation and road safety that may arise from time to
time.]
(8) Study the feasibility of improving highway safety
and freight transportation on highways and develop a policy
periodically on the most pressing issues facing motor carrier
safety.
(9) Examine and recommend motor carrier safety
initiatives for strategic plans of the department, the
Pennsylvania Public Utility Commission and the Pennsylvania
State Police.
(10) Advise and comment on all phases of motor carrier
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safety activities being undertaken or financially assisted by
the department and agencies of the Commonwealth.
(11) With assistance from the department, provide advice
and recommendations to businesses, manufacturers, educational
institutions, technology developers, the motor carrier
industry, labor communities and local governments related to
motor carrier safety.
(12) Develop and maintain a forum for the exchange of
ideas, needs, objectives, plans and accomplishments related
to motor carrier safety.
(g) Reports.--The committee shall submit annual reports of
its deliberations, conclusions and [suggestions] recommendations
to the Governor [and], the Secretary of Transportation and
members of the General Assembly.
Section 4 8. This act shall take effect in 60 days. AS
FOLLOWS:
(1) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
(2) THE ADDITION OF 75 PA.C.S. § 1309.1 SHALL TAKE
EFFECT IN 18 MONTHS.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
DAYS.
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