Pennsylvania Act 1990-14 — VEHICLE CODE (75 PA.C.S.) - AMEND

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