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A01854
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1410
Session of
2021
INTRODUCED BY FEE, SMITH, BROOKS, PICKETT, DIAMOND, WHEELAND,
JAMES, RYAN, HICKERNELL, ZIMMERMAN, MENTZER, JONES,
B. MILLER, MILLARD, KEEFER, HERRIN, GILLEN, SCHLOSSBERG,
A. DAVIS AND MULLINS, MAY 14, 2021
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 14, 2021
AN ACT
Establishing the Weigh Station Preclearance Program; 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:
"Department." The Department of Transportation of the
Commonwealth.
"Preclearance system provider." A provider of the
preclearance system under section 4(a).
"Program." The Weigh Station Preclearance Program
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established under section 3(a).
"Weigh station." A roadside station where commercial
vehicles are required to stop for weight and safety inspections
by the department or Pennsylvania State Police.
Section 3. Establishment and operation of program.
(a) Establishment.--The department, in conjunction with 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 department, in conjunction with 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 department, in conjunction with the
Pennsylvania State Police, shall set the 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
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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.
(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
department or 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 department Pennsylvania State Police shall have
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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 department shall promulgate the Pennsylvania State Police
may establish policies, standards, rules and regulations as
necessary to implement the 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 7 8. Effective date.
This act shall take effect in 180 days.
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