Bill Text: PA SB1305 | 2009-2010 | Regular Session | Amended

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Bill Title: In powers of department and local authorities, further providing for promulgation of rules and regulations by department.

Spectrum: Moderate Partisan Bill (Republican 21-5)

Status: (Engrossed - Dead) 2010-07-06 - Referred to TRANSPORTATION [SB1305 Detail]

Download: Pennsylvania-2009-SB1305-Amended.html

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PRIOR PRINTER'S NO. 1875 PRINTER'S NO. 2050
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1305 Session of2010
INTRODUCED BY RAFFERTY, BRUBAKER, SCARNATI, GORDNER, ALLOWAY, VOGEL, ROBBINS, GREENLEAF, TARTAGLIONE, PIPPY, ORIE, BAKER, ARGALL, FOLMER, SMUCKER, PICCOLA, WARD, WOZNIAK, CORMAN, YAW, WAUGH, BOSCOLA, MENSCH, KASUNIC AND D. WHITE, APRIL 20, 2010
SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, JUNE 9, 2010
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in powers of department and local authorities,
further providing for promulgation of rules and regulations
by department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6103(c) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6103. Promulgation of rules and regulations by department.
* * *
(c) Adoption of Federal statute, regulation, standard or
criteria.--The department shall be authorized to adopt by
reference any Federal statute, regulation, standard or criteria
or provision thereof relating to vehicles or drivers, including,
but not limited to, minimum driver qualifications, maximum hours
of service, loading, unloading, hazardous materials, operation,
equipment, records and inspection.
(1) The department shall be authorized to extend the
coverage of any Federal statute, regulation, standard or
criteria adopted under this subsection to vehicles and
drivers operating only in intrastate commerce, except as
follows:
[(ii) No Federal statute, regulation, standard or
criteria pertaining to drivers, including, but not
limited to, minimum driver qualifications, maximum hours
of service or driver records, shall be extended to cover
farm trucks, except farm trucks carrying hazardous
materials in an amount and type which require the vehicle
to be placarded under Chapter 83 (relating to hazardous
materials transportation).]
(iii) No Other than implements whose design and <--
function would otherwise meet the definition of a truck
or truck tractor under section 102 (relating to
definitions), no Federal statue statute, regulation, <--
standard or criteria shall be extended to cover
implements of husbandry or drivers of implements of
husbandry, regardless of whether the implement is
operated as a combination.
(iv) No federal Federal statute, regulation, <--
standard or criteria shall be extended to cover farm
vehicles or drivers of farm vehicles, implements of <--
husbandry whose design and function would otherwise meet
the definition of a truck or truck tractor under section
102 or drivers of these vehicles, regardless of whether
the vehicle is operated as a combination, provided that:
(A) the vehicle's or combination's gross weight,
gross vehicle weight rating and gross combination
weight rating do not exceed 26,000 pounds; and
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(B) the vehicle or combination is not carrying
hazardous materials in an amount that requires the
towing or towed vehicle to be placarded under Chapter
83 (relating to hazardous materials transportation).
(2) The regulations promulgated by the department under
paragraph (1) may be modified, but shall, to the maximum
extent possible, be consistent with safety and correspond to
Federal regulations, standards or criteria.
* * *
Section 2. The provisions of 67 Pa. Code Ch. 231 are
abrogated with respect to vehicles for which and drivers for
whom the department is prohibited under 75 Pa.C.S. § 6103(c)(1)
from extending coverage of any Federal statue statute, <--
regulation, standard or criteria.
Section 3. This act shall take effect immediately.
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