Bill Text: PA HB1800 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for exemption of persons, entities and vehicles from fees.

Spectrum: Moderate Partisan Bill (Republican 35-10)

Status: (Engrossed - Dead) 2010-10-12 - Referred to RULES AND EXECUTIVE NOMINATIONS [HB1800 Detail]

Download: Pennsylvania-2009-HB1800-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NOS. 2336, 3870 PRINTER'S NO. 4091
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1800 Session of2009
INTRODUCED BY ELLIS, GEIST, MARKOSEK, BAKER, BEAR, BEYER, BROOKS, CREIGHTON, DALLY, EVERETT, FAIRCHILD, FARRY, FRANKEL, GERGELY, GROVE, HARPER, HELM, KNOWLES, KORTZ, MAJOR, MILLARD, MILLER, MILNE, MOUL, OBERLANDER, PALLONE, PETRARCA, PHILLIPS, PICKETT, PYLE, RAPP, READSHAW, REICHLEY, ROCK, SAINATO, SAYLOR, SIPTROTH, SOLOBAY, STEVENSON, SWANGER, TALLMAN, TRUE, VULAKOVICH, CAUSER AND FLECK, JUNE 30, 2009
SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JULY 2, 2010
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for vehicles exempt from <--
registration, for display of registration plate, for
exemption of persons, entities and vehicles from fees and, <--
for annual hauling permits and for automated red light
enforcement in first class cities; providing for automated
red light enforcement systems in second class, second class A
and third class cities and for the Automated Enforcement
Fund; transferring money; further providing for general
requirements for other vehicles transporting school children,
for conditions of permits and security for damages, for
permit for movement in the course of manufacture and for
permit for movement of bulk refined oil; providing for permit
for movement of nonhazardous liquid glue and for permit for
movement of waste tires; further providing for definitions,
for restricted account, for registration of snowmobile or
ATV, for certificate of title for snowmobile or atv, for fees
and for records; and providing for vintage snowmobile
permits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1901(c)(16) of Title 75 of the <--
Pennsylvania Consolidated Statutes is amended to read:
Section 1. Sections 1302(11), 1332(b)(2) and 1901(c)(16) of <--
Title 75 of the Pennsylvania Consolidated Statutes are amended
to read:
Section 1. Sections 1302(11), 1332(b)(2) and 1901(c)(16) of <--
Title 75 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 1302. Vehicles exempt from registration.
The following types of vehicles are exempt from registration:
* * *
(11) Any trailer or semitrailer, including but not
limited to non-self-propelled special mobile equipment and
amusement rides constructed as an integral part of the
trailer chassis to create a single unit, to be used primarily
for off highway use and only operated incidentally upon the
highway.
* * *
§ 1332. Display of registration plate. <--
* * *
(b) Obscuring plate.--It is unlawful to display on any
vehicle a registration plate which:
* * *
(2) is obscured in any manner which inhibits the proper
operation of an automated red light enforcement system in
place pursuant to section 3116 (relating to automated red
light enforcement systems in first class cities) or 3117
(relating to automated red light enforcement systems in
second class, second class A and third class cities); or
* * *
§ 1901. Exemption of persons, entities and vehicles from fees.
* * *
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(c) Processing fee in lieu of registration fee.--No
registration fee shall be charged for vehicles registered by any
of the following but the department shall charge a fee of $10 to
cover the costs of processing for issuing or renewing the
registration:
* * *
(16) Any person who is retired and receiving social
security or other pension and whose total annual income does
not exceed $19,200. Unless the retired person is physically
or mentally incapable of driving the vehicle, the retired
person shall be the principal driver of the vehicle but may
from time to time authorize another person to drive the
vehicle in his or her stead. For purposes of this paragraph,
the term "income" shall not include a stipend received from
the Federal Government under the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5, 123 Stat. 115).
* * *
Section 2. Section 1943(m) of Title 75 is amended and the <--
section is amended by adding subsections to read:
§ 1943. Annual hauling permits.
* * *
(m) Bulk refined oil.--The annual fee for movement of bulk
refined oil, as provided for in section 4979.1 (relating to
permit for movement of bulk refined oil), shall be [$800.]:
(1) $800 for a distance up to 50 miles.
(2) $1,600 for a distance of more than 50 miles up to
125 miles.
* * *
(q.1) Nonhazardous liquid glue.--The annual fee for the
movement of nonhazardous liquid glue, as provided for in section
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4979.5 (relating to permit for movement of nonhazardous liquid
glue), shall be $800.
(q.2) Waste tires.--The annual fee for the movement of waste
tires under section 4979.6 (relating to permit for movement of
waste tires) shall be $800.
* * *
Section 3. Section 3116(l)(2) and (q) of Title 75 are
amended to read:
§ 3116. Automated red light enforcement systems in first class
cities.
* * *
(l) Payment of fine.--
* * *
(2) Payment must be made personally, through an
authorized agent or by mailing both payment and the notice of
violation to the system administrator. Payment by mail must
be made only by money order, credit card or check made
payable to the system administrator. The system administrator
shall remit the fine, less the system administrator's
operation and maintenance costs necessitated by this section,
to the department for deposit [into the Motor License Fund.
Fines deposited in the fund under this paragraph shall be
used by the department to develop, by regulation, a
Transportation Enhancements Grant Program] under section
3118(b)(1) (relating to Automated Enforcement Fund).
* * *
(q) Expiration.--This section shall expire December 31,
[2011] 2020.
Section 4. Title 75 is amended by adding sections to read:
§ 3117. Automated red light enforcement systems in second
20090HB1800PN4091 - 4 -
class, second class A and third class cities.
(a) General rule.--A city of the second class, second class
A or third class, upon passage of an ordinance, is authorized to
enforce section 3112(a)(3) (relating to traffic-control signals)
by recording violations using an automated red light enforcement
system approved by the department.
(b) Applicability.--This section shall only be applicable at
intersections in a city of the second class, second class A or
third class designated by the system administrator in
consultation with the secretary.
(c) Owner liability.--For each violation under this section,
the owner of the vehicle shall be liable for the penalty imposed
unless the owner is convicted of the same violation under
another section of this title or has a defense under subsection
(g).
(d) Certificate as evidence.--A certificate, or a facsimile
of a certificate, based upon inspection of recorded images
produced by an automated red light enforcement system and sworn
to or affirmed by a police officer employed by the city of the
second class, second class A or third class shall be prima facie
evidence of the facts contained in it. The city must include
written documentation that the automated red light enforcement
system was operating correctly at the time of the alleged
violation. A recorded image evidencing a violation of section
3112(a)(3) shall be admissible in any judicial or administrative
proceeding to adjudicate the liability for the violation.
(e) Penalty.--
(1) The penalty for a violation under subsection (a)
shall be a fine of $100 unless a lesser amount is set by
ordinance.
20090HB1800PN4091 - 5 -
(2) A fine is not authorized for a violation of this
section if any of the following apply:
(i) The intersection is being manually controlled.
(ii) The signal is in the mode described in section
3114 (relating to flashing signals).
(3) A fine is not authorized during any of the
following:
(i) The first 120 days of operation of the automated
system at the initial intersection.
(ii) The first 60 days for each additional
intersection selected for the automated system.
(4) A warning may be sent to the violator under
paragraph (3).
(5) A penalty imposed under this section shall not be
deemed a criminal conviction and shall not be made part of
the operating record under section 1535 (relating to schedule
of convictions and points) of the individual upon whom the
penalty is imposed, nor may the imposition of the penalty be
subject to merit rating for insurance purposes.
(6) No surcharge points may be imposed in the provision
of motor vehicle insurance coverage. Fines collected under
this section shall not be subject to 42 Pa.C.S. § 3571
(relating to Commonwealth portion of fines, etc.) or 3573
(relating to municipal corporation portion of fines, etc.).
(f) Limitations.--
(1) No automated red light enforcement system shall be
utilized in such a manner as to take a frontal view recorded
image of the vehicle as evidence of having committed a
violation.
(2) Notwithstanding any other provision of law, camera
20090HB1800PN4091 - 6 -
equipment deployed as part of an automated red light
enforcement system as provided under this section must be
incapable of automated or user-controlled remote intersection
surveillance by means of recorded video images. Recorded
images collected as part of the automated red light
enforcement system may only record traffic violations and may
not be used for any other surveillance purposes. The
restrictions set forth under this paragraph shall not be
deemed to preclude a court of competent jurisdiction from
issuing an order directing that the information be provided
to law enforcement officials if the information is reasonably
described and is requested solely in connection with a
criminal law enforcement action.
(3) Notwithstanding any other provision of law,
information prepared under this section and information
relating to violations under this section which is kept by
the city of the second class, second class A or third class,
its authorized agents or employees, including recorded
images, written records, reports or facsimiles, names,
addresses and the number of violations under this section,
shall be for the exclusive use of the city, its authorized
agents, its employees and law enforcement officials for the
purpose of discharging their duties under this section and
under any ordinances and resolutions of the city. The
information shall not be deemed a public record under the act
of February 14, 2008 (P.L.6, No.3), known as the Right-to-
Know Law. The information shall not be discoverable by court
order or otherwise, nor shall it be offered in evidence in
any action or proceeding which is not directly related to a
violation of this section or any ordinance or resolution of
20090HB1800PN4091 - 7 -
the city. The restrictions set forth under this paragraph
shall not be deemed to preclude a court of competent
jurisdiction from issuing an order directing that the
information be provided to law enforcement officials if the
information is reasonably described and is requested solely
in connection with a criminal law enforcement action.
(4) Recorded images obtained through the use of
automated red light enforcement systems deployed as a means
of promoting traffic safety in a city of the second class,
second class A or third class shall be destroyed within one
year of final disposition of an recorded event. The city
shall file notice with the Department of State that the
records have been destroyed in accordance with this section.
(5) Notwithstanding any other provision of law,
registered vehicle owner information obtained as a result of
the operation of an automated red light enforcement system
under this section shall not be the property of the
manufacturer or vendor of the automated red light enforcement
system and may not be used for any purpose other than
prescribed in this section.
(g) Defenses.--
(1) It shall be a defense to a violation under this
section that the person named in the notice of the violation
was not operating the vehicle at the time of the violation.
The owner may be required to submit evidence that the owner
was not the driver at the time of the alleged violation. The
city of the second class, second class A or third class may
not require the owner of the vehicle to disclose the identity
of the operator of the vehicle at the time of the violation.
(2) If an owner receives a notice of violation under
20090HB1800PN4091 - 8 -
this section of a time period during which the vehicle was
reported to a police department of any state or municipality
as having been stolen, it shall be a defense to a violation
under this section that the vehicle has been reported to a
police department as stolen prior to the time the violation
occurred and had not been recovered prior to that time.
(3) It shall be a defense to a violation under this
section that the person receiving the notice of violation was
not the owner of the vehicle at the time of the offense.
(h) Department approval.--No automated red light enforcement
system may be used without consultation with the department,
which shall have the authority to promulgate regulations for the
certification and use of such systems.
(i) Duty of city.--If a city of the second class, second
class A or third class elects to implement this section, the
following provisions shall apply:
(1) The city may not use an automated red light
enforcement system unless an appropriate sign is posted in a
conspicuous place before the area in which the automated red
light enforcement device is to be used notifying the public
that an automated red light enforcement device is in use
immediately ahead.
(2) The city or its designee shall serve as the system
administrator to supervise and coordinate the administration
of notices of violation issued under this section.
(3) (i) The system administrator shall prepare a notice
of violation to the registered owner of a vehicle
identified in a recorded image produced by an automated
red light enforcement system as evidence of a violation
of section 3112(a)(3). The issuance of the notice of
20090HB1800PN4091 - 9 -
violation must be done by a police officer employed by
the police department with primary jurisdiction over the
area where the violation occurred. The notice of
violation shall have attached to it all of the following:
(A) A copy of the recorded image showing the
vehicle.
(B) The registration number and state of
issuance of the vehicle registration.
(C) The date, time and place of the alleged
violation.
(D) Notice that the violation charged is under
section 3112(a)(3).
(E) Instructions for return of the notice of
violation.
(ii) The text of the notice must be as follows:
This notice shall be returned personally, by mail or by
an agent duly authorized in writing, within 30 days of
issuance. A hearing may be obtained upon the written
request of the registered owner.
(j) System administrator.--
(1) The system administrator may hire and designate
personnel as necessary or contract for services to implement
this section.
(2) The system administrator shall process fines issued
under this section.
(3) The system administrator shall submit an annual
report to the chairman and the minority chairman of the
Transportation Committee of the Senate and the chairman and
minority chairman of the Transportation Committee of the
House of Representatives. The report shall include for the
20090HB1800PN4091 - 10 -
prior year:
(i) The number of violations and fines issued.
(ii) A compilation of fines paid and outstanding.
(iii) The amount of money paid to a vendor or
manufacturer under this section.
(k) Notice to owner.--In the case of a violation involving a
motor vehicle registered under the laws of this Commonwealth,
the notice of violation must be mailed within 30 days after the
commission of the violation or within 30 days after the
discovery of the identity of the registered owner, whichever is
later, and not thereafter to the address of the registered owner
as listed in the records of the department. In the case of motor
vehicles registered in jurisdictions other than this
Commonwealth, the notice of violation must be mailed within 30
days after the discovery of the identity of the registered owner
and not thereafter to the address of the registered owner as
listed in the records of the official in the jurisdiction having
charge of the registration of the vehicle. A notice of violation
under this section must be provided to an owner within 90 days
of the commission of the offense.
(l) Mailing of notice and records.--Notice of violation must
be sent by first class mail. A manual or automatic record of
mailing prepared by the system administrator in the ordinary
course of business shall be prima facie evidence of mailing and
shall be admissible in any judicial or administrative proceeding
as to the facts contained in it.
(m) Payment of fine.--
(1) An owner to whom a notice of violation has been
issued may admit responsibility for the violation and pay the
fine provided in the notice.
20090HB1800PN4091 - 11 -
(2) Payment must be made personally, through an
authorized agent or by mailing both payment and the notice of
violation to the system administrator. Payment by mail must
be made only by money order, credit card or check made
payable to the system administrator. The system administrator
shall remit the fine, less the system administrator's
operation and maintenance costs necessitated under this
section, to the department for deposit under section 3118(b)
(2) (relating to Automated Enforcement Fund).
(3) Payment of the established fine and applicable
penalties shall operate as a final disposition of the case.
(n) Hearing.--
(1) An owner to whom a notice of violation has been
issued may, within 30 days of the mailing of the notice,
request a hearing to contest the liability alleged in the
notice. A hearing request must be made by appearing before
the system administrator during regular office hours either
personally or by an authorized agent or by mailing a request
in writing.
(2) Upon receipt of a hearing request, the system
administrator shall in a timely manner schedule the matter
before a hearing officer. The hearing officer shall be
designated by the city of the second class, second class A or
third class. Written notice of the date, time and place of
hearing must be sent by first class mail to the owner.
(3) The hearing shall be informal, the rules of evidence
shall not apply and the decision of the hearing officer shall
be final, subject to the right of the owner to appeal the
decision to the magisterial district judge.
(4) If the owner requests in writing that the decision
20090HB1800PN4091 - 12 -
of the hearing officer be appealed to the magisterial
district judge, the system administrator shall file the
notice of violation and supporting documents with the
magisterial district judge, which shall hear and decide the
matter de novo.
(o) Compensation to manufacturer or vendor.--If a city of
the second class, second class A or third class has established
an automated red light enforcement system deployed as a means of
promoting traffic safety and the enforcement of the traffic laws
of this Commonwealth or the city, the compensation paid to the
manufacturer or vendor of the automated red light enforcement
system may not be based upon the number of traffic citations
issued or a portion or percentage of the fine generated by the
citations. The compensation paid to the manufacturer or vendor
of the equipment shall be based upon the value of the equipment
and the services provided or rendered in support of the
automated red light enforcement system.
(p) Duration of yellow light change interval.--The duration
of the yellow light change interval at intersections where
automated red light enforcement systems are in use shall conform
to the yellow light change interval duration specified on the
traffic signal permit issued by the department of a second
class, second class A or third class city.
(q) Revenue limit.--A city of the second class, second class
A or third class may not collect an amount equal to or greater
than 5% of its annual budget from the collection of revenue from
the issuance and payment of violations under this section.
(r) Expiration.--This section shall expire December 31,
2020.
§ 3118. Automated Enforcement Fund.
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(a) Establishment.--The Automated Enforcement Fund is
established as a separate fund in the State Treasury.
(b) Sources.--The sources of the fund are as follows:
(1) Revenue remitted under section 3116(l)(2) (relating
to automated red light enforcement systems in first class
cities). This paragraph includes a transfer of the money
deposited in the Motor License Fund under section 3116(l)(2)
on the effective date of this paragraph.
(2) Revenue remitted under section 3117(m)(2) (relating
to automated red light enforcement systems in second class,
second class A and third class cities).
(c) Use.--The money in the fund shall be used as follows:
(1) No more than 50% of the revenue remitted under
subsection (b)(1) on the effective date of subsection (b)(1)
shall be appropriated to the Pennsylvania State Police.
(2) Revenue remitted under section 3116(l)(2) after the
effective date of subsection (b)(1) and revenue remitted
under section 3117(m)(2) shall be appropriated as follows:
(i) No more than 50% of the revenue shall be
appropriated to the Pennsylvania State Police for costs
incurred in first class cities, second class cities,
second class A cities and third class cities.
(ii) The remainder of the revenue shall be
appropriated to:
(A) first class cities, second class A cities
and third class cities which establish automated red
light enforcement systems under section 3116 or 3117
for transportation enhancements grants for
intersection signaling and safety improvements; and
(B) second class cities which establish
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automated red light enforcement systems under section
3117 as follows:
(I) Seventy-five percent to the cities'
municipal pension system funds.
(II) Twenty-five percent for transportation
enhancements grants for intersection signaling
and safety improvements.
(d) Continuing appropriation.--The money in the fund is
continuously appropriated into the fund. This appropriation
shall not lapse at the end of any fiscal year.
Section 5. Sections 4553(b) and 4962(f) of Title 75 are
amended to read:
§ 4553. General requirements for other vehicles transporting
school children.
* * *
(b) School-chartered bus.--In addition to school buses,
school-chartered buses, which are designed to transport 16 or
more passengers, including the driver, and which are operated by
a person holding a certificate of the Pennsylvania Public
Utility Commission or the Interstate Commerce Commission, may be
used under a short-term contract with a school which has
acquired the exclusive use of the vehicle at a fixed charge to
[provide transportation of] transport school children to a
[special] school-related event, provided that the vehicle is not
used to transport school children to or from their residences or
designated bus stops. A school-chartered vehicle may be used
without restriction for the transportation of school children
with special needs as may be necessary to make reasonable
accommodations pursuant to the Americans with Disabilities Act
of 1990 (Public Law 101-336, 104 Stat. 327).
20090HB1800PN4091 - 15 -
* * *
§ 4962. Conditions of permits and security for damages. <--
* * *
(f) When loads permitted.--Only vehicles and combinations
permitted under the following provisions shall be authorized to
carry or haul loads while operating under the permit:
Section 4961(a)(2), (3) and (6) (relating to authority to
issue permits).
Section 4965 (relating to single permits for multiple
highway crossings).
Section 4968 (relating to permit for movement during
course of manufacture).
Section 4974 (relating to permit for movement of
containerized cargo).
Section 4975 (relating to permit for movement of special
mobile equipment).
Section 4976 (relating to permit for movement of domestic
animal feed).
Section 4976.1 (relating to permit for movement of live
domestic animals).
Section 4977 (relating to permit for movement of wooden
structures).
Section 4978 (relating to permit for movement of building
structural components).
Section 4979 (relating to permit for movement of
particleboard or fiberboard used in the manufacture of ready-
to-assemble furniture).
Section 4979.1 (relating to permit for movement of bulk
refined oil).
Section 4979.2 (relating to permit for movement of waste
20090HB1800PN4091 - 16 -
coal and beneficial combustion ash).
Section 4979.3 (relating to permit for movement of float
glass or flat glass for use in construction and other end
uses).
Section 4979.4 (relating to permit for movement of self-
propelled cranes).
Section 4979.5 (relating to permit for movement of
nonhazardous liquid glue).
Section 4979.6 (relating to permit for movement of waste
tires).
* * *
Section 6. Section 4968(a) of Title 75 is amended and the
section is amended by adding subsections to read:
§ 4968. Permit for movement during course of manufacture.
[(a) Annual permit.--An annual permit may be issued
authorizing movement on specified highways of boats, trailers,
mobile homes, modular housing units and undercarriages,
helicopters, hot ingots, a hot box, basic oxygen furnace lances,
railway equipment and rails or other articles, vehicles or
combinations which exceed the maximum height, width or length
specified in Subchapter B (relating to width, height and length)
or self-propelled cranes or combinations carrying raw milk, raw
coal, flat-rolled steel coils, steel slabs, hot ingots, a hot
box, pulpwood and wood chips or raw water which exceed the
maximum weight specified in Subchapter C (relating to maximum
weights of vehicles) while they are in the course of manufacture
and under contract with or under the direct control of the
manufacturer, subject to the following provisions:
(1) Except for articles and vehicles not exceeding 102
inches in width, no permit shall be issued under this section
20090HB1800PN4091 - 17 -
for movement of articles or vehicles while they are in
transit from the manufacturer to a purchaser or dealer or for
the movement of articles or vehicles upon a freeway.
(2) Overwidth articles and vehicles:
(i) Articles and vehicles not wider than 102 inches
may be moved any distance on a permit.
(ii) Articles and vehicles wider than 102 inches but
not wider than 108 inches may be moved up to seven miles
on a permit 24 hours per day, seven days a week.
(iii) Articles and vehicles wider than 102 inches
but not in excess of 12 feet in width may be moved up to
50 miles on a permit.
(iv) Wider articles and vehicles may be moved no
farther than ten miles on a permit.
(3) A combination of vehicles which is hauling flat-
rolled steel coils or steel slabs may be permitted by the
department and local authorities to move upon highways within
their respective jurisdiction a distance not exceeding 50
miles if the gross weight does not exceed 100,000 pounds and
the weight of any nonsteering axle does not exceed 21,000
pounds. No permit may be issued for this type of movement
upon an interstate highway.
(3.1) A combination of vehicles which is hauling raw
milk to or from a manufacturer may be permitted by the
department and local authorities to move upon highways within
their respective jurisdiction 24 hours a day, seven days a
week, except during inclement weather as defined in
department regulations, if the gross weight does not exceed
95,000 pounds and if the weight of any nonsteering axle does
not exceed 21,000 pounds. No permit may be issued for this
20090HB1800PN4091 - 18 -
type of movement upon an interstate highway.
(3.2) A combination of vehicles which is hauling a hot
ingot or a hot box may be permitted by the department and
local authorities to move upon highways within their
respective jurisdiction a distance not exceeding 25 miles if
the gross weight does not exceed 150,000 pounds and the
weight of any nonsteering axle does not exceed 21,000 pounds.
No permit may be issued for this type of movement upon an
interstate highway.
(3.3) A combination of vehicles which is hauling basic
oxygen furnace lances may be permitted by the department and
local authorities to move upon highways within their
respective jurisdictions if the overall length does not
exceed 90 feet. A vehicle operating under a permit authorized
under this section may be driven 24 hours a day, seven days a
week, if the vehicle or combination is operated at prevailing
speeds. Movement under this paragraph is not authorized
during any of the following:
(i) A holiday period specified in department
regulations or in the permit.
(ii) Inclement weather, as defined in department
regulations.
(3.4) A self-propelled crane which is being road tested
may be permitted by the department and local authorities to
move upon highways within their respective jurisdictions a
distance not exceeding 15 miles if the gross weight does not
exceed 150,000 pounds and the weight on any axle does not
exceed 27,000 pounds.
(3.5) A combination of vehicles which is hauling raw
coal from a mine to a processing or preparation facility may
20090HB1800PN4091 - 19 -
be permitted by the department and local authorities to move
upon highways within their respective jurisdictions a
distance not exceeding 30 miles if the gross weight does not
exceed 95,000 pounds and if the weight of any nonsteering
axle does not exceed 21,000 pounds. No permit may be issued
for this type of movement upon an interstate highway.
(3.6) A combination of vehicles which is hauling raw
water from a spring to a bottling facility may be permitted
by the department and local authorities to move upon
specified highways within their respective jurisdictions
subject to the following conditions:
(i) The vehicle must be a six axle combination -
three axle truck tractor.
(ii) Gross vehicular weight must not exceed 96,900
pounds.
(iii) Maximum weight on steering axles shall be
11,000 pounds.
(iv) Maximum weight on the truck-tractor tandem
(axles two and three) shall be 38,000 pounds, with a
maximum of 19,500 pounds on either axle in the group.
(v) Maximum weight on the semitrailer tridem (axles
four, five and six) shall be 47,700 pounds, with a
maximum of 16,400 pounds on any axle in the group.
(vi) Minimum spacing between axle one and axle two
shall be 12 feet 11 inches.
(vii) The center-to-center distance between the last
drive axle of the truck tractor (axle three) and the
first axle of semitrailer (axle 4) must be a minimum of
26 feet 7 inches.
(viii) Minimum spacing between tandem and tridem
20090HB1800PN4091 - 20 -
axles shall be 4 feet 1 inch.
No permit may be issued for this type of movement upon an
interstate highway.
(3.7) A combination of vehicles which is hauling
pulpwood or wood chips from a specified source to a pulp mill
may be permitted by the department and local authorities to
move upon specified highways within their respective
jurisdictions subject to the following conditions:
(i) The vehicle must be a five axle combination -
three axle truck tractor meeting the following
characteristics:
(A) Gross vehicular weight must not exceed
95,000 pounds.
(B) Maximum weight on steering axles shall be
11,000 pounds.
(C) Maximum weight on the truck-trailer tandem
(axles two and three) shall be 42,000 pounds, with a
maximum of 21,000 pounds on either axle in the group.
(D) Maximum weight on the semitrailer tridem
(axles four and five) shall be 42,000 pounds, with a
maximum of 21,000 pounds on any axle in the group.
(E) Minimum spacing between axle one and axle
two shall be 12 feet 6 inches.
(F) The center-to-center distance between the
last drive axle of the truck tractor (axle three) and
the first axle of the semitrailer (axle four) must be
a minimum of 28 feet 0 inch.
(G) Minimum spacing between tandem and tridem
axles shall be 4 feet 0 inch.
(ii) The vehicle must be a six axle combination -
20090HB1800PN4091 - 21 -
three axle truck tractor meeting the following
characteristics:
(A) Gross vehicular weight must not exceed
107,000 pounds.
(B) Maximum weight on steering axles shall be
12,000 pounds.
(C) Maximum weight on the truck-tractor tandem
(axles two and three) shall be 42,000 pounds, with a
maximum of 21,000 pounds on either axle in the group.
(D) Maximum weight on the semitrailer tridem
(axles four, five and six) shall be 53,000 pounds,
with a maximum of 17,670 pounds on any axle in the
group.
(E) Minimum spacing between axle one and axle
two shall be 12 feet 6 inches.
(F) The center-to-center distance between the
last drive axle of the truck tractor (axle three) and
the first axle of the semitrailer (axle four) must be
a minimum of 45 feet 0 inch.
(G) Minimum spacing between tandem and tridem
axles shall be 4 feet 0 inch.
No permit may be issued for this type of movement upon an
interstate highway.
(4) A permit may be denied or revoked in order to
preserve the safety of highway users or to protect the
structural integrity of highways or bridges or as otherwise
authorized by department regulations.]
(a.1) General rule.--An annual permit may be issued
authorizing movement on specified highways of:
(1) boats, trailers, mobile homes, modular housing units
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and undercarriages, helicopters, hot ingots, a hot box, basic
oxygen furnace lances, railway equipment and rails or other
articles, vehicles or combinations which exceed the maximum
height, width or length specified in Subchapter B (relating
to width, height and length) while they are in the course of
manufacture and under contract with or under the direct
control of the manufacturer, provided that they do not exceed
the maximum weight specified in Subchapter C (relating to
maximum weights of vehicles) unless they also qualify under
paragraph (3);
(2) self-propelled cranes while they are in the course
of manufacture and under contract with or under the direct
control of the manufacturer; or
(3) aircraft refueling vehicles or vehicles and
combinations carrying raw milk, raw coal, flat-rolled steel
coils, steel slabs, hot ingots, a hot box, pulpwood and wood
chips or raw water which exceed the maximum weight specified
in Subchapter C while they are in the course of manufacture
and under contract with or under the direct control of the
manufacturer, provided that they do not exceed the maximum
height, width or length specified in Subchapter B unless they
also qualify under paragraph (1), subject to the provisions
in subsection (a.2).
(a.2) Specifications.--
(1) Except for articles and vehicles not exceeding 102
inches in width, no permit shall be issued under this section
for movement of articles or vehicles while they are in
transit from the manufacturer to a purchaser or dealer or for
the movement of articles or vehicles upon a freeway.
(2) Overwidth articles and vehicles:
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(i) Articles and vehicles not wider than 102 inches
may be moved any distance on a permit.
(ii) Articles and vehicles wider than 102 inches but
not wider than 108 inches may be moved up to seven miles
on a permit 24 hours per day, seven days a week.
(iii) Articles and vehicles wider than 102 inches
but not in excess of 12 feet in width may be moved up to
50 miles on a permit.
(iv) Wider articles and vehicles may be moved no
farther than ten miles on a permit.
(3) A combination of vehicles which is hauling flat-
rolled steel coils or steel slabs may be permitted by the
department and local authorities to move upon highways within
their respective jurisdictions a distance not exceeding 50
miles if the gross weight does not exceed 100,000 pounds and
the weight of any nonsteering axle does not exceed 21,000
pounds. No permit may be issued for this type of movement
upon an interstate highway.
(4) A combination of vehicles which is hauling raw milk
to or from a manufacturer may be permitted by the department
and local authorities to move upon highways within their
respective jurisdictions 24 hours a day, seven days a week,
except during inclement weather as defined in department
regulations, if the gross weight does not exceed 95,000
pounds and if the weight of any nonsteering axle does not
exceed 21,000 pounds. No permit may be issued for this type
of movement upon an interstate highway.
(5) A combination of vehicles which is hauling a hot
ingot or a hot box may be permitted by the department and
local authorities to move upon highways within their
20090HB1800PN4091 - 24 -
respective jurisdictions a distance not exceeding 25 miles if
the gross weight does not exceed 150,000 pounds and the
weight of any nonsteering axle does not exceed 21,000 pounds.
No permit may be issued for this type of movement upon an
interstate highway.
(6) A combination of vehicles which is hauling basic
oxygen furnace lances may be permitted by the department and
local authorities to move upon highways within their
respective jurisdictions if the overall length does not
exceed 90 feet. A vehicle operating under a permit authorized
under this section may be driven 24 hours a day, seven days a
week, if the vehicle or combination is operated at prevailing
speeds. Movement under this paragraph is not authorized
during any of the following:
(i) A holiday period specified in department
regulations or in the permit.
(ii) Inclement weather, as defined in department
regulations.
(7) A self-propelled crane which is being road tested
may be permitted by the department and local authorities to
move upon highways within their respective jurisdictions a
distance not exceeding 15 miles if the gross weight does not
exceed 150,000 pounds and the weight on any axle does not
exceed 27,000 pounds.
(8) A combination of vehicles which is hauling raw coal
from a mine to a processing or preparation facility may be
permitted by the department and local authorities to move
upon highways within their respective jurisdictions a
distance not exceeding 30 miles if the gross weight does not
exceed 95,000 pounds and if the weight of any nonsteering
20090HB1800PN4091 - 25 -
axle does not exceed 21,000 pounds. No permit may be issued
for this type of movement upon an interstate highway.
(9) A combination of vehicles which is hauling raw water
from a spring to a bottling facility may be permitted by the
department and local authorities to move upon specified
highways within their respective jurisdictions subject to the
following conditions:
(i) The vehicle must be a six axle combination -
three axle truck tractor.
(ii) Gross vehicular weight must not exceed 96,900
pounds.
(iii) Maximum weight on steering axles shall be
11,000 pounds.
(iv) Maximum weight on the truck-tractor tandem
(axles two and three) shall be 38,000 pounds, with a
maximum of 19,500 pounds on either axle in the group.
(v) Maximum weight on the semitrailer tridem (axles
four, five and six) shall be 47,700 pounds, with a
maximum of 16,400 pounds on any axle in the group.
(vi) Minimum spacing between axle one and axle two
shall be 12 feet 11 inches.
(vii) The center-to-center distance between the last
drive axle of the truck tractor (axle three) and the
first axle of semitrailer (axle four) must be a minimum
of 26 feet 7 inches.
(viii) Minimum spacing between tandem and tridem
axles shall be 4 feet 1 inch.
No permit may be issued for this type of movement upon an
interstate highway.
(10) A combination of vehicles which is hauling pulpwood
20090HB1800PN4091 - 26 -
or wood chips from a specified source to a pulp mill may be
permitted by the department and local authorities to move
upon specified highways within their respective jurisdictions
subject to the following conditions:
(i) The vehicle must be a five axle combination -
three axle truck tractor meeting the following
characteristics:
(A) Gross vehicular weight must not exceed
95,000 pounds.
(B) Maximum weight on steering axles shall be
11,000 pounds.
(C) Maximum weight on the truck-trailer tandem
(axles two and three) shall be 42,000 pounds, with a
maximum of 21,000 pounds on either axle in the group.
(D) Maximum weight on the semitrailer tridem
(axles four and five) shall be 42,000 pounds, with a
maximum of 21,000 pounds on any axle in the group.
(E) Minimum spacing between axle one and axle
two shall be 12 feet 6 inches.
(F) The center-to-center distance between the
last drive axle of the truck tractor (axle three) and
the first axle of the semitrailer (axle four) must be
a minimum of 28 feet 0 inch.
(G) Minimum spacing between tandem and tridem
axles shall be 4 feet 0 inch.
(ii) The vehicle must be a six axle combination -
three axle truck tractor meeting the following
characteristics:
(A) Gross vehicular weight must not exceed
107,000 pounds.
20090HB1800PN4091 - 27 -
(B) Maximum weight on steering axles shall be
12,000 pounds.
(C) Maximum weight on the truck-tractor tandem
(axles two and three) shall be 42,000 pounds, with a
maximum of 21,000 pounds on either axle in the group.
(D) Maximum weight on the semitrailer tridem
(axles four, five and six) shall be 53,000 pounds,
with a maximum of 17,670 pounds on any axle in the
group.
(E) Minimum spacing between axle one and axle
two shall be 12 feet 6 inches.
(F) The center-to-center distance between the
last drive axle of the truck tractor (axle three) and
the first axle of the semitrailer (axle four) must be
a minimum of 45 feet 0 inch.
(G) Minimum spacing between tandem and tridem
axles shall be 4 feet 0 inch.
No permit may be issued for this type of movement upon an
interstate highway.
(11) An aircraft refueling vehicle manufactured for the
United States Department of Defense which is being road
tested and carrying a load required under contract with the
Department of Defense as part of the road test procedure may
be permitted by the department and local authorities to move
upon highways within their respective jurisdictions a
distance not exceeding 35 miles if, for a three axle vehicle,
the gross weight does not exceed 70,000 pounds and the weight
on any axle does not exceed 26,000 pounds. No permit may be
issued for this type of movement upon an interstate highway.
(12) A permit may be denied or revoked in order to
20090HB1800PN4091 - 28 -
preserve the safety of highway users or to protect the
structural integrity of highways or bridges or as otherwise
authorized by department regulations.
* * *
Section 7. Section 4979.1 of Title 75 is amended to read:
§ 4979.1. Permit for movement of bulk refined oil.
An annual permit may be issued authorizing the movement on
specified highways of refined oil in bulk between a refinery and
a distribution facility which exceeds the maximum vehicle gross
weight specified in Subchapter C (relating to maximum weights of
vehicles). Permits issued under this section shall not exceed a
distance of [50] 125 miles. The weight of any vehicle permitted
under this section may not exceed 107,000 pounds overall gross
weight and shall have the following maximum axle weight limits
for all nonsteering axles:
Single axle 21,000 pounds
Tandem axles 42,000 pounds
Tridem axles 53,000 pounds
Quad axles 63,000 pounds
No permit may be issued for this type of movement upon an
interstate highway.
Section 8. Title 75 is amended by adding sections to read:
§ 4979.5. Permit for movement of nonhazardous liquid glue.
An annual permit may be issued authorizing the movement on
specified highways of nonhazardous liquid glue in bulk between a
chemical plant and a particleboard or fiberboard manufacturing
facility which exceeds the maximum vehicle gross weight
specified in Subchapter C (relating to maximum weights of
vehicles). Permits issued under this section shall not exceed a
distance of 75 miles. The weight of any vehicle permitted under
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this section may not exceed 105,000 pounds overall gross weight
and shall have the following maximum axle weight limits for all
nonsteering axles:
Single axle 21,000 pounds
Tandem axles 42,000 pounds
Tridem axles 53,000 pounds
Quad axles 63,000 pounds
No permit may be issued for this type of movement upon an
interstate highway.
§ 4979.6. Permit for movement of waste tires.
An annual permit may be issued for the movement on specified
highways of waste tires and tire derived-fuel, chipped tires,
from a refuse pile to a preparation or power production facility
which exceeds the maximum vehicle gross weight specified in
Subchapter C (relating to maximum weights of vehicles). The
weight of any vehicle permitted under this section may not
exceed 95,000 pounds overall gross weight, and the weight on any
nonsteering axle may not exceed 21,000 pounds. No permit may be
issued for this type of movement upon an interstate highway.
Section 9. The definition of "snowmobile" in section 7702 of
Title 75 is amended and the section is amended by adding
definitions to read:
§ 7702. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Snowmobile." An engine-driven vehicle which is all of the
following:
(1) Is designed to travel over snow or ice.
20090HB1800PN4091 - 30 -
(2) Has an endless belt track or tracks.
(3) Is steered by a ski or skis.
(4) Has an overall width of 48 inches or less.
The term does not include a farm tractor, construction
equipment, military vehicle, vehicle with inflatable tires or
machinery used strictly for the grooming of snowmobile trails.
The term includes vintage snowmobiles.
* * *
"Vintage snowmobile." A snowmobile that is at least 25 years
old and is not operated in this Commonwealth except at vintage
snowmobile events.
"Vintage snowmobile event." A ride or rally intended for the
participation by vintage snowmobiles on a designated trail, on a
specific date and with a specified beginning and end point.
Section 10. Section 7706(a)(1) of Title 75 is amended to
read:
§ 7706. Restricted account.
(a) Deposit and use of moneys.--
(1) The department shall deposit the following into a
restricted account, which is hereby established:
(i) all moneys received from the registration of and
issuance of certificates of title for snowmobiles and
ATV's and from the issuance of vintage snowmobile
permits;
(ii) all revenue from the sale of any publications
or services relating to snowmobiles and ATV's; and
(iii) all fines, penalties, fees and costs assessed
and collected as a result of enforcement activities
conducted by the department's law enforcement personnel
under this chapter.
20090HB1800PN4091 - 31 -
* * *
Section 11. The heading of Subchapter B of Chapter 77 of
Title 75 is amended to read:
SUBCHAPTER B
CERTIFICATES OF TITLE [AND REGISTRATION], REGISTRATION AND
PERMITS
Section 12. Section 7711.1(f) of Title 75 is amended by
adding a paragraph to read:
§ 7711.1. Registration of snowmobile or ATV.
* * *
(f) Exemptions from registration.--Subsection (a) does not
apply if:
* * *
(5) The snowmobile is a vintage snowmobile and the owner
thereof carries a valid vintage snowmobile permit.
Section 13. Sections 7712.1(g), 7715.2(a) and 7716 of Title
75 are amended to read:
§ 7712.1. Certificate of title for snowmobile or ATV.
* * *
(g) Registration without certificate of title prohibited.--
Except as provided in subsection (b), the department shall not
issue a registration certificate or limited registration
certificate for a snowmobile or ATV or a vintage snowmobile
permit for a vintage snowmobile unless a certificate of title
has been issued by the department to the owner or an application
for a certificate of title has been delivered by the owner to
the department.
* * *
§ 7715.2. Fees.
(a) Fees.--Except as provided in subsection (b), the
20090HB1800PN4091 - 32 -
department shall collect the following fees:
(1) Certificate of title, $22.50.
(2) Expiration sticker, $20.
(2.1) Vintage snowmobile permit, $10.
(3) Dealer registration, $25.
(4) Replacement, due to loss or damage, of registration
certificate, limited registration certificate, registration
decal, registration plate [or], expiration sticker or vintage
snowmobile permit, $5.
(5) Transfer of registration pursuant to section 7711.1
(relating to registration of snowmobile or ATV), $5.
(6) Recording the name of a secured party on a
certificate of title, $5.
* * *
§ 7716. Records.
The department shall maintain a record, which shall be made
available to all enforcement agencies, of:
(1) The registration number for each snowmobile and ATV
for which a registration certificate or limited registration
certificate is issued.
(2) The name and address of the owner of each snowmobile
and ATV for which a registration certificate or limited
registration certificate is issued.
(3) The permit number for each vintage snowmobile for
which a vintage snowmobile permit is issued.
(4) The name and address of the owner of each vintage
snowmobile for which a vintage snowmobile permit is issued.
Section 14. Title 75 is amended by adding a section to read:
§7718. Vintage snowmobile permits.
(a) Issuance of permits.--Upon receipt of an application
20090HB1800PN4091 - 33 -
upon a form prescribed and furnished by the department which
shall contain information required by the department and which
shall be accompanied by the required fee and any other
information the department shall require, the department shall
issue to an owner of a vintage snowmobile a vintage snowmobile
permit containing a permit number.
(b) Carrying and exhibiting permit.--Every permit shall, at
all times while the vehicle is being operated, be in the
possession of the person driving or in control of the vehicle or
carried in the vehicle and shall be exhibited on demand of a
police officer or authorized department employee.
(c) Not transferable.--A vintage snowmobile permit is not
transferable to a successor owner or to another vehicle. On
transfer of ownership of a vintage snowmobile for which a
vintage snowmobile permit has been issued, the permit shall
become invalid.
(d) Suspension or revocation.--The department may suspend or
revoke a vintage snowmobile permit upon conviction of the holder
of an offense under this chapter. A suspended or revoked vintage
snowmobile permit is invalid.
Section 2 15. This act shall take effect immediately. as <--
follows:
(1) The amendment of 75 Pa.C.S. § 4553(b) shall take
effect in 60 days.
(2) The amendment of 75 Pa.C.S. Chapter 77 shall take
effect in 30 days.
(2) (3) The remainder of this act shall take effect <--
immediately.
20090HB1800PN4091 - 34 -