act-1990-0-14•Pennsylvania Act 1990-14 — VEHICLE CODE (75 PA.C.S.) - AMEND
Pennsylvania Act 1990-14 — VEHICLE CODE (75 PA.C.S.) - AMEND
act-1990-0-141990 Pa. Act 14Law
Act text
VEHICLE CODE (75 PA.C.S.) - AMEND
Act of Mar. 13, 1990, P.L. 69, No. 14 Cl. 75
Session of 1990
No. 1990-14
HB 331
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further defining "emergency vehicle"; authorizing
certain temporary labels or stickers on school buses; further
providing for visible and audible signals on emergency
vehicles and for securing loads in vehicles; providing for
transporting foodstuffs; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "emergency vehicle" in section
102 of Title 75 of the Pennsylvania Consolidated Statutes is
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:
* * *
"Emergency vehicle." A fire department vehicle, police
vehicle, sheriff vehicle, ambulance, blood-delivery vehicle,
armed forces emergency vehicle, one vehicle operated by a
coroner or chief county medical examiner and one vehicle
operated by a chief deputy coroner or deputy chief county
medical examiner used for answering emergency calls, [one
private vehicle of a fire or police chief or assistant chief or,
when a fire company has three or more fire vehicles, a second
assistant chief, or fire police captain and fire police
lieutenant or ambulance corps commander or assistant commander
or of a river rescue commander or assistant commander or
emergency management coordinator or fire marshal used for
answering emergency calls] or any other vehicle designated by
the State Police under section 6106 (relating to designation of
emergency vehicles by Pennsylvania State Police)[.], or a
privately owned vehicle used in answering an emergency call when
used by any of the following:
(1) A police chief and assistant chief.
(2) A fire chief, assistant chief and, when a fire
company has three or more fire vehicles, a second or third
assistant chief.
(3) A fire police captain and fire police lieutenant.
(4) An ambulance corps commander and assistant
commander.
(5) A river rescue commander and assistant commander.
(6) A county emergency management coordinator.
(7) A fire marshal.
* * *
Section 2. Section 4552(a) of Title 75 is amended to read:
§ 4552. General requirements for school buses.
(a) Color and identification.--Every school bus shall be of
a uniform color scheme and labeled "School Bus" on both front
and rear as provided by regulation. Exterior labels and markings
other than those specifically required or permitted by law or
regulation shall be prohibited. This subsection shall not be
construed to prohibit the affixation of exterior labels or
stickers of a temporary nature which have been approved by the
school district as having educational value and which do not
obscure the "School Bus" labels.
* * *
Section 3. Section 4571(d) of Title 75 is amended to read:
§ 4571. Visual and audible signals on emergency vehicles.
* * *
(d) Vehicles prohibited from using signals.--Except as
otherwise specifically provided in this part, no vehicle other
than an emergency vehicle may be equipped with revolving or
flashing lights or audible warning systems identical or similar
to those specified in subsections (a) and (b).
* * *
Section 4. Section 4903 of Title 75 is amended by adding
subsections to read:
§ 4903. Securing loads in vehicles.
* * *
(c.1) Load of loose garbage.--Every load of loose, nonbaled
garbage, waste, refuse or rubbish being transported through or
within this Commonwealth shall be transported in a vehicle with
four solid sides and with a cover or top of a type to prevent
any of the load from escaping. The cover or top shall remain
tightly in place going to a disposal site. The load shall be no
higher than the solid sides of the vehicle. It is imperative
that all garbage, waste, refuse or rubbish be removed from the
vehicle at the disposal site to prevent any scattering of litter
on the highway during the return trip. No truck, trailer or
semitrailer with an open body or stake body shall be used for
such purposes. This subsection shall not apply to vehicles
engaged in the systematic collection of garbage or refuse and
which are designed to be open in the rear for the loading of
garbage or refuse.
(c.2) Load of baled garbage.--Garbage, waste, refuse or
rubbish in a tightly compacted and baled form being transported
through or within this Commonwealth shall be securely fastened
to the vehicle and covered over all exposed areas with a canvas
cover or cover of a comparable type which shall be securely
attached to the underside of all sides of the truck, trailer or
semitrailer to prevent any of the material from the bales from
escaping. No part of any bale shall be uncovered, except for
inspection, at any time during transportation within or through
this Commonwealth until arrival at the disposal site.
* * *
(f) Penalty for violation of subsection (a), (b) or (c).--A
person who owns or who operates a vehicle in violation of
subsection (a), (b) or (c) and, as a result of the violation,
any item, piece, fragment or part of the load escapes and causes
injury to a person or damage to another vehicle or other
property commits a summary offense and shall, upon conviction,
be sentenced to pay a fine of not less than $300 nor more than
$1,000. A violation of subsection (a), (b) or (c) which does not
result in injury to a person or damage to another vehicle or
other property constitutes a summary offense, punishable by a
fine of not less than $100 nor more than $300.
(g) Penalty for violation of subsection (c.1) or (c.2).--A
person who owns or who operates a vehicle in violation of
subsection (c.1) or (c.2) commits a summary offense and shall,
upon conviction, be sentenced to pay a fine of not less than
$300 nor more than $1,000. Notwithstanding the provisions of 42
Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines,
etc.) and 3573 (relating to municipal corporation portion of
fines, etc.), disposition of any fine collected for a violation
of subsection (c.1) or (c.2) shall be as follows:
(1) Unless paragraph (2) applies, the fine collected
shall be paid to the Commonwealth for deposit into the Motor
License Fund.
(2) If the county where the offense was committed has a
litter control program approved by the department, 50% of the
fine collected shall be paid to the county for expenditure in
the approved litter control program; and 50% of the fine
collected shall be paid to the Commonwealth for deposit into
the Motor License Fund.
Section 5. Title 75 is amended by adding a section to read:
§ 4909. Transporting foodstuffs in vehicles used to transport
waste.
(a) Offense defined.--
(1) A person commits a violation of this section if he
transports or knowingly provides a vehicle for the
transportation of any food product or produce intended for
human consumption in a vehicle which has been used to
transport any municipal, residual or hazardous waste or any
chemical or liquid, in bulk, which is not a food product or
produce.
(2) A person commits a violation of this section if he
knowingly accepts any food product or produce from, or
provides any food product or produce to, a vehicle used to
transport any municipal, residual or hazardous waste or any
chemical or liquid, in bulk, which is not a food product or
produce.
(b) Penalties.--
(1) A person who violates subsection (a)(1) shall, upon
conviction for the first offense, pay a fine of not less than
$1,000 nor more than $10,000. Upon the second or subsequent
conviction of subsection (a)(1), a person shall pay a fine of
not less than $5,000 nor more than $25,000, or the court
shall order the operating privilege of the vehicle operator
suspended for a period of up to one year, or both. A copy of
the order shall be transmitted to the department.
(2) A person who violates subsection (a)(2) shall, upon
conviction for the first offense, pay a fine of not less than
$1,000 nor more than $10,000. A person who violates
subsection (a)(2) shall, upon the second or subsequent
conviction, pay a fine of not less than $5,000 nor more than
$25,000.
(c) Vehicle forfeiture.--Any vehicle or conveyance used in
the commission of an offense under this section shall be deemed
contraband and forfeited to the Department of Environmental
Resources. The provisions of law relating to the seizure,
summary and judicial forfeiture, and condemnation of
intoxicating liquor shall apply to seizures and forfeitures
under this section. Proceeds from the sale of forfeited vehicles
or conveyances shall be deposited in the Solid Waste Abatement
Fund.
(d) Responsibility for cost.--The owner of any vehicle or
conveyance forfeited under subsection (c) shall be responsible
for any costs incurred in properly disposing of waste in the
vehicle or conveyance.
(e) Environmental Quality Board.--The Environmental Quality
Board shall have the power and its duty shall be to adopt
regulations, if necessary, to carry out the requirements of this
section. Regulations, if necessary, shall be proposed within 90
days.
(f) Emergency telephone number.--The Pennsylvania State
Police shall establish or designate a toll-free telephone number
to report violations of illegal hauling.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Food product or produce." Any raw, cooked or processed
edible substance, beverage or ingredient used or intended for
use or for sale, in whole or in part, for human consumption.
"In bulk." Not divided into parts or packaged in separate
units.
"Municipal waste," "residual waste" or "hazardous waste."
The terms shall have the meanings given to them under the act of
July 7, 1980 (P.L.380, No.97), known as the Solid Waste
Management Act, and the act of July 28, 1988 (P.L.556, No.101),
known as the Municipal Waste Planning, Recycling and Waste
Reduction Act.
Section 6. This act shall be construed in pari materia with
the act of July 7, 1980 (P.L.380, No.97), known as the Solid
Waste Management Act, the act of July 28, 1988 (P.L.556,
No.101), known as the Municipal Waste Planning, Recycling and
Waste Reduction Act, the act of July 13, 1988 (P.L.525, No.93),
referred to as the Infectious and Chemotherapeutic Waste Law,
and the act of October 18, 1988 (P.L.756, No.108), known as the
Hazardous Sites Cleanup Act. Nothing in this act shall be
construed to repeal the provisions of those acts or the
regulations promulgated thereunder.
Section 7. This act shall take effect as follows:
(1) Section 3 (section 4571(d)) shall take effect in 60
days.
(2) The remainder of this act shall take effect
immediately.
APPROVED--The 13th day of March, A. D. 1990.
ROBERT P. CASEY
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