Pennsylvania Act 2004-211 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
                 Act of Nov. 30, 2004, P.L. 1667, No. 211             Cl. 75
                             Session of 2004
                               No. 2004-211

     SB 938

                                  AN ACT

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, further defining "multipurpose agricultural
        vehicle" and "special mobile equipment"; further providing
        for accidents involving death or personal injury while not
        properly licensed, for reports by police, for ignition
        interlock, for width of certain vehicles and for length of
        vehicles; and adding a road in Wilkes-Barre Township to the
        State Highway System.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definitions of "multipurpose agricultural
     vehicle" and "special mobile equipment" in section 102 of Title
     75 of the Pennsylvania Consolidated Statutes are amended to
     read:
      § 102.  Definitions.
        Subject to additional definitions contained in subsequent
     provisions of this title which are applicable to specific
     provisions of this title, the following words and phrases when
     used in this title shall have, unless the context clearly
     indicates otherwise, the meanings given to them in this section:
        * * *
        "Multipurpose agricultural vehicle."  A motor vehicle which
     is [50] 60 inches or less in width and [600] 1,200 pounds or
     less in dry weight and which is used exclusively for
     agricultural operations and only incidentally operated or moved
     upon the highways.
        * * *
        "Special mobile equipment."
            (1)  Vehicles not designed or used primarily for the
        transportation of persons or property, except for tools and
        parts necessary for the use and maintenance of the vehicle,
        and only incidentally operated or moved over a highway.
            (2)  Vehicles which have machinery permanently attached
        shall not carry a load, except for tools and parts necessary
        for the use and maintenance of the permanently attached
        machinery and are only incidentally operated or moved over a
        highway.
            (3)  Motor vehicles used primarily for road and bridge
        maintenance or repair which carry a load of asphalt emulsion
        or epoxy and aggregate material, that is applied as a
        finished product by the vehicle's equipment directly to a
        highway or trafficway for maintenance or repair of the road
        or bridge surface.
     The term includes, but is not limited to, ditch digging
     apparatus, well boring apparatus; earth moving and road
     construction and maintenance machinery, such as asphalt
     spreaders, bituminous mixers, bucket loaders, snowplows,
     ditchers, graders, patchers, finishing machines, road rollers,
     scarifiers, earth moving carryalls, scrapers, power shovels and
     drag lines; and self-propelled cranes and tractors, other than
     truck tractors. The term does not include house trailers; dump
     trucks; or truck-mounted transit mixers, cranes or shovels.
        * * *
        Section 2.  Sections 3742.1(a), 3751(b), 3805(a), 4921(b)(1)
     and 4923 of Title 75 are amended to read:
      § 3742.1.  Accidents involving death or personal injury while
                not properly licensed.
        (a)  Offense defined.--A person whose operating privilege was
     disqualified, canceled, recalled, revoked or suspended and not
     restored or who does not hold a valid driver's license and
     applicable endorsements for the type and class of vehicle being
     operated commits an offense under this section if the person was
     the driver of any vehicle and caused an accident resulting in
     injury or death of any person.
        * * *
      § 3751.  Reports by police.
        * * *
        (b)  Furnishing copies of report.--
            (1)  Police departments shall, upon request, furnish [at
        a cost not to exceed $15] a certified copy of the full report
        of the police investigation of any vehicle accident to any
        person involved in the accident, his attorney or insurer, and
        to the Federal Government, branches of the military service,
        Commonwealth agencies, and to officials of political
        subdivisions and to agencies of other states and nations and
        their political subdivisions.
            (2)  Except as provided in paragraph (3), the cost of
        furnishing a copy of a report under this subsection shall not
        exceed $15.
            (3)  In a city of the first class, the cost of furnishing
        a copy of a report under this subsection shall not exceed
        $25.
            (4)  The copy of the report shall not be admissible as
        evidence in any action for damages or criminal proceedings
        arising out of a motor vehicle accident.
            (5)  Police departments may refuse to furnish the
        complete copy of investigation of the vehicle accident
        whenever there are criminal charges pending against any
        persons involved in the vehicle accident unless the
        Pennsylvania Rules of Criminal Procedure require the
        production of the documents.
      § 3805.  Ignition interlock.
        (a)  General rule.--If a person violates section 3802
     (relating to driving under influence of alcohol or controlled
     substance) and, within the past ten years, has a prior offense
     as defined in section 3806(a) (relating to prior offenses) or
     [if a person] has had their operating privileges suspended
     pursuant to section 1547(b.1) (relating to chemical testing to
     determine amount of alcohol or controlled substance) or 3808(c)
     (relating to illegally operating a motor vehicle not equipped
     with ignition interlock) and the person seeks a restoration of
     operating privileges, the department shall require as a
     condition of issuing a restricted license pursuant to this
     section that the following occur:
            (1)  Each motor vehicle owned by the person or registered
        to the person has been equipped with an ignition interlock
        system and remains so for the duration of the restricted
        license period.
            (2)  If there are no motor vehicles owned by the person
        or registered to the person that the person so certify to the
        department. A person so certifying shall be deemed to have
        satisfied the requirement that all motor vehicles owned by
        the person or registered to the person be equipped with an
        ignition interlock system as required by this subsection.
        * * *
      § 4921.  Width of vehicles.
        * * *
        (b)  Special vehicles.--
            (1)  Any implement of husbandry or vehicle loaded with
        vegetable produce or forage crops and not exceeding [ten] 11
        feet in width may be driven, hauled or towed between sunrise
        and sunset on highways other than freeways.
            * * *
      § 4923.  Length of vehicles.
        (a)  Motor vehicles.--
            (1)  Except as provided in paragraph (2), no motor
        vehicle, including any load and bumpers, shall exceed an
        overall length of 40 feet.
            (2)  Paragraph (1) does not apply to the following:
                (i)  A motor vehicle equipped with a boom or boomlike
            device if the vehicle does not exceed 55 feet.
                (ii)  A bus or motor home which does not exceed 45
            feet.
                (iii)  An articulated bus which does not exceed 60
            feet.
                (iv)  An automobile or boat transporter which does
            not exceed 45 feet, exclusive of an overhang of not more
            than three feet on the front and four feet on the rear.
        (b)  Exceptions.--(Deleted by amendment).
        (b.1)  Combinations.--
            (1)  The length of a single trailer being towed by a
        truck tractor shall not exceed 53 feet provided the distance
        between the kingpin and the center line of the rear axle or
        rear axle group does not exceed 41 feet or, in the case of a
        trailer used exclusively or primarily to transport vehicles
        in connection with motor sports competition events, does not
        exceed 46 feet.
            (2)  For a double trailer, the length of each trailer
        being towed in combination by a truck tractor shall not
        exceed 28 1/2 feet.
            (3)  The overall length of the combination of a truck
        tractor with a conventional fifth wheel and an auto or boat
        transporter shall not exceed 65 feet, exclusive of an
        overhang of not more than three feet on the front and four
        feet on the rear of the combination.
            (4)  The overall length of a stinger-steered auto or boat
        transporter combination shall not exceed 75 feet, exclusive
        of an overhang of not more than three feet on the front and
        four feet on the rear of the combination.
            (5)  The overall length of a saddle-mount combination
        shall not exceed 75 feet.
            (6)  The overall length of a maxi-cube combination shall
        not exceed 65 feet.
            (7)  A combination consisting of any tow truck towing a
        disabled motor vehicle to a place of repairs or other place
        of safety.
            (8)  A combination transporting articles that,
        themselves, do not exceed 70 feet in length and are
        nondivisible as to length.
        (c)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Automobile" or "boat transporter."  A truck of a total
     length not greater than 45 feet, exclusive of an overhang of not
     more than three feet on the front and four feet on the rear of
     the vehicle configured by the manufacturer to haul either
     automobiles, light trucks or boats.
        Section 3.  (a)  New Street in Wilkes-Barre Township, Luzerne
     County, from SR 2007 (East Northampton Street) to SR 8029/0760
     (ramp) is hereby adopted as a State highway.
        (b)  The Township of Wilkes-Barre is hereby relieved of all
     responsibility for maintenance of New Street as described in
     subsection (a).
        Section 4.  This act shall take effect as follows:
            (1)  The amendment of 75 Pa.C.S. § 3805(a) shall take
        effect June 30, 2007.
            (2)  This section shall take effect immediately.
            (3)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 30th day of November, A. D. 2004.

     EDWARD G. RENDELL