act-2008-0-133•Pennsylvania Act 2008-133 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 2008-133 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
act-2008-0-1332008 Pa. Act 133Law
Act text
VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Nov. 26, 2008, P.L. 1658, No. 133 Cl. 75
Session of 2008
No. 2008-133
HB 347
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in registration of vehicles, further providing
for issuance and reissuance of registration plates and for
lost, stolen, damaged or illegible registration plate; in
licensing of drivers, further providing for issuance and
content of driver's license; in commercial drivers, further
providing for definitions for requirement for commercial
driver's license, for commercial driver's license
qualification standards and for disqualification; in fees,
further providing for exemptions from other fees; in rules of
the road in general, further providing for speed timing
devices; in inspection of vehicles, further providing for
inspection by police or Commonwealth personnel; in size,
weight and load, further providing for securing loads in
vehicles, for height of vehicles and for permit for movement
during course of manufacture; in powers of department and
local authorities, further providing for promulgation of
rules and regulations by department; and in snowmobiles and
all-terrain vehicles, further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "motor 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:
* * *
"Motor vehicle." A vehicle which is self-propelled except an
electric personal assistive mobility device or a vehicle which
is propelled solely by human power [or by electric power
obtained from overhead trolley wires, but not operated upon
rails].
* * *
Section 2. Section 1331(f) of Title 75 is amended to read:
§ 1331. Issuance and reissuance of registration plates.
* * *
(f) Periodic reissuance of registration plates.--The
department shall develop, implement and administer a program to
provide for the reissuance of [all] current registration plates
previously issued under this section. The program to be
established under this subsection shall address [all of] the
following criteria:
(1) Other than the annual registration fee required
under sections 1305 (relating to application for
registration) and 1309 (relating to renewal of registration)
and Subchapter B of Chapter 19 (relating to registration
fees), the reissued registration plate shall be issued under
section 1934 (relating to general reissuance).
(2) The program shall provide that [all] current
registration plates issued under this section be replaced.
The program may provide that the department provide for
reissuance of registration plates on a staggered basis which
will replace [all] registration plates issued under this
section.
(3) The program may provide for the return of and the
recycling of the older registration plates.
[(4) The program shall provide that at the end of a ten-
year cycle no registration plate issued under this section be
older than ten years.
(5) The program shall require annual reports to the
Transportation Committee of the Senate and the Transportation
Committee of the House of Representatives on the issue of
registration avoidance.]
(6) The program may contain any other conditions,
limitations, contractual arrangements or other factors which
the department deems necessary to implement this subsection.
Section 3. Section 1333 of Title 75 is amended by adding a
subsection to read:
§ 1333. Lost, stolen, damaged or illegible registration plate.
* * *
(b.1) Illegible registration plate.--The department may
reissue a registration plate upon request by a registrant when
it is determined by an authorized representative of the
department or law enforcement that the registration plate is
illegible from a reasonable distance. The department may select
the style of the reissued registration plate and, except in the
case of personal registration plates issued under section 1341
(relating to special registration plates generally), the
registration plate number.
* * *
Section 4. Section 1510(a) and (b) of Title 75 are amended
and the section is amended by adding a subsection to read:
§ 1510. Issuance and content of driver's license.
(a) General rule.--The department shall, upon payment of the
required fee, issue to every qualified applicant a driver's
license indicating the type or general class of vehicles the
licensee is authorized to drive and any endorsements or
restrictions, which license, except as provided in subsection
(j), shall contain a distinguishing number assigned by the
department to the licensee, the actual name, date of birth,
residence address, a color photograph or photographic facsimile
of the licensee, such other information as may be required by
the department, and either a facsimile of the signature of the
licensee or a space upon which the licensee shall write his
usual signature with pen and ink. Program participants in the
Address Confidentiality Program under 23 Pa.C.S. Ch. 67
(relating to domestic and sexual violence victim address
confidentiality) may use a substitute address designated by the
Office of Victim Advocate as their address. Personal medical
data and other information for use in an emergency may be
included as a part of the license. Information other than that
required to identify the licensee, the distinguishing number and
the class of license issued may be included in microdata form.
Except as provided in subsection (f), an applicant shall include
his Social Security number on his license application, but the
Social Security number shall not be included on the license. No
driver's license shall be valid until it has been signed by the
licensee.
(b) Identification card.--The department shall, upon payment
of the required fee, issue an identification card to any person
ten years of age or older who has made application therefor in
such manner as the department shall prescribe or whose driver's
license has been surrendered to the department because of a
suspension or revocation of an operating privilege under this or
any other title. Program participants in the Address
Confidentiality Program under 23 Pa.C.S. Ch. 67 may use a
substitute address designated by the Office of Victim Advocate
as their address. [The] Except as provided in subsection (j),
the identification card shall have substantially the same
content as a driver's license but shall clearly indicate that it
is not a driver's license. Upon failure of any person to pass
any examination required under section 1514 (relating to
expiration and renewal of drivers' licenses), the department
shall, where appropriate, issue a complimentary identification
card as an expression of gratitude for years of safe driving.
The card shall only be issued upon receipt of the person's
driver's license.
* * *
(j) Undercover credential.--The department may issue an
undercover credential to Federal, State or local law enforcement
officials. The department may establish guidelines concerning
the issuance of such undercover credentials and shall take all
reasonable steps to ensure the confidentiality of these licenses
and their issuance.
Section 5. The definition of "conviction" in section 1603 of
Title 75 is amended to read:
§ 1603. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Conviction." For the purposes of this chapter, a conviction
includes a finding of guilty or the entering of a plea of
guilty, nolo contendere or the unvacated forfeiture of bail or
collateral deposited to secure a person's appearance in court as
determined by the law of the jurisdiction in which the
prosecution was held. A payment of the fine or court cost or
entering into an installment agreement to pay the fine or court
cost for the violation by any person charged with a violation of
this title is a plea of guilty. The term shall include the
acceptance of Accelerated Rehabilitative Disposition or other
preadjudication disposition for an offense or an unvacated
finding of guilt or determination of violation of the law or
failure to comply with the law by an authorized administrative
tribunal. The term also includes a violation of a condition of
release without bail, including the failure to pay a fine or
appear in court to contest a citation. The term does not include
a conviction which has been overturned or for which an
individual has been pardoned.
* * *
Section 6. Sections 1606 and 1607(b) of Title 75 are amended
to read:
§ 1606. Requirement for commercial driver's license.
(a) When required.--No person, except those specifically
exempted in subsection (b), shall drive a commercial motor
vehicle unless the person has been issued and is in immediate
possession of a valid commercial driver's license and applicable
endorsements valid for the vehicle he is driving.
(b) Exemptions.--The following persons are not required to
obtain a commercial driver's license in order to drive the
commercial motor vehicle specified:
(1) A person with a commercial driver learner's permit
who is accompanied by the holder of a commercial driver's
license valid for the vehicle being driven.
(2) A person in the service of the Armed Forces of the
United States, including members of the Reserves and National
Guard on active duty; personnel on full-time National Guard
duty; and personnel on inactive National Guard duty training
or part-time National Guard training and National Guard
military technicians who are required to wear military
uniforms [and are subject to the Uniform Code of Military
Justice when operating equipment owned or operated by the
Department of Defense]; and active duty United States Coast
Guard personnel when operating commercial motor vehicles for
military purposes.
(3) A person who is a volunteer or paid firefighter with
a Class C license and who has a certificate of authorization
from his fire chief while operating a fire or emergency
vehicle registered to the fire department or municipality.
(4) Any member of a rescue or emergency squad who is the
holder of a Class C license and who has a certificate of
authorization from the head of the rescue or emergency squad
while operating any rescue or emergency vehicle equipped with
audible and visual signals registered to the rescue or
emergency squad or municipality.
(5) A driver with a Class C license operating a farm
vehicle which is controlled and operated by a farmer and used
exclusively to transport agricultural products, farm
machinery or farm supplies to or from a farm. The farm
vehicle may not be used in the operations of a common or
contract carrier and may be used only within a radius of 150
miles of the farm.
(6) A driver with a Class C license operating a school
bus, school vehicle or other commercial vehicle at the
direction of authorized emergency management personnel in a
time of declared Federal, State or local emergency. A person
driving a school bus, school vehicle or other commercial
vehicle pursuant to this paragraph shall not be subject to
sanctions under the provisions of this chapter or section
3742.1 (relating to accidents involving death or personal
injury while not properly licensed).
(c) Prohibitions.--
(1) No person shall drive a commercial motor vehicle or
a school vehicle during any period in which:
(i) his privilege to drive a commercial motor
vehicle or a school vehicle in a state has been removed
for any reason, including disqualification, until the
person's commercial operating privilege has been
restored;
(ii) his operating privilege is suspended, revoked,
canceled or recalled until the person's operating
privilege has been restored; or
(iii) [he] the driver or vehicle has been placed
under an out-of-service order.
(2) No person who operates a commercial motor vehicle
shall at any time have more than one commercial driver's
license.
(c.1) Additional prohibitions.--No person shall drive a
commercial motor vehicle during any period of time that the
motor carrier has been placed under an out-of-service order.
(d) Penalties.--
(1) Except as provided in paragraph (6), a person who
violates subsection (a) commits a summary offense and shall,
upon conviction, be sentenced to pay a fine of $500. Except
that, if the person charged furnishes satisfactory proof of
having held a commercial driver's license valid on the last
day of the preceding driver's license period and no more than
60 days have elapsed from the last date of renewal, the fine
shall be $100. Except as provided in paragraph (6), every
person convicted of a second or subsequent violation of
subsection (a) shall be sentenced to pay a fine of not less
than $500 nor more than $1,500.
(2) A person who drives a commercial motor vehicle or a
school vehicle while subject to disqualification commits a
summary offense and shall, upon conviction, be sentenced to
pay a fine of $500. Every person convicted of a second or
subsequent violation of driving a commercial motor vehicle
while subject to disqualification shall be sentenced to pay a
fine of not less than $500 nor more than $1,500.
(3) A person who drives a commercial motor vehicle or a
school vehicle while subject to disqualification under
section 1611(b) or (e) (relating to disqualification) commits
a summary offense and shall, upon conviction, be sentenced to
pay a fine of $1,000 or to imprisonment for six months, or
both.
(4) A person who drives a commercial motor vehicle or a
school vehicle in violation of an out-of-service order issued
under section 1612 (relating to commercial drivers prohibited
from operating with any alcohol in system) commits a summary
offense and shall, upon conviction, be sentenced to pay a
fine of [not less than $1,100 nor more than $2,750] $2,500
for a first offense and $5,000 for a second or subsequent
offense.
(5) A person who drives a commercial motor vehicle or a
school vehicle in violation of an out-of-service order (other
than an out-of-service order issued under section 1612)
commits a summary offense and shall, upon conviction, be
sentenced to pay a fine of [$1,100] $2,500 for a first
offense and $5,000 for a second or subsequent offense.
(6) No person shall be convicted of violating subsection
(a) if the person produces at the office of the issuing
authority within 15 days of the violation:
(i) a commercial driver's license valid in this
Commonwealth at the time of the violation; or
(ii) if the commercial driver's license is lost,
stolen, destroyed or illegible, evidence that the driver
was licensed at the time of the violation and that
application for a duplicate license had been made at the
time of the violation.
(7) A person who drives a commercial motor vehicle in
violation of subsection (c)(1)(ii) commits a summary offense
and shall, upon conviction, be sentenced to pay a fine of
$1,000.
(8) A person who drives a commercial motor vehicle in
violation of subsection (c)(2) commits a summary offense and
shall, upon conviction, be sentenced to pay a fine of $1,000.
(e) Convictions and fines cumulative.--Any violations
brought under this section and fines imposed under this section
shall be in addition to violations brought and fines imposed
under any other sections of this title.
§ 1607. Commercial driver's license qualification standards.
* * *
(b) Waiver of test.--The department shall waive the skills
test specified in this section for a commercial driver's license
applicant [holding]:
(1) Holding a valid Class 2, 3 or 4 license who meets
the requirements of Federal regulations. If permitted by
Federal regulation, the department may waive the written test
requirement for a commercial driver's license applicant
holding a valid Class 2, 3 or 4 license.
(2) Who, subject to the limitations and requirements of
49 CFR 383.77 (relating to substitute for driving skills
tests), meets all certifications required for waiver under 49
CFR 383.77 and who certifies all of the following:
(i) That the applicant is a member of the active or
reserve components of any branch or unit of the armed
forces of the United States or a veteran who received an
honorable discharge from any branch or unit of the active
or reserve components of the armed forces of the United
States.
(ii) That the applicant is or was regularly employed
in a position in the armed forces of the United States
requiring operation of a commercial motor vehicle.
(iii) That the applicant has legally operated, for
at least two years immediately preceding application for
a commercial driver's license, a vehicle representative
of the commercial motor vehicle the driver applicant
operates or expects to operate, either under the
exemption from this Commonwealth's commercial driver's
license requirement provided by section 1606(b)(2)
(relating to requirement for commercial driver's license)
or the equivalent exemption of another state or while on
active duty in a foreign jurisdiction.
* * *
Section 7. Section 1611(a) introductory paragraph and (6),
(b) and (c) of Title 75 are amended and the section is amended
by adding subsections to read:
§ 1611. Disqualification.
(a) [Disqualification for first] First violation of certain
offenses.--Upon receipt of a report of conviction, the
department shall, in addition to any other penalties imposed
under this title, disqualify any person from driving a
commercial motor vehicle or school vehicle for a period of one
year for the first violation of:
* * *
(6) section 1606(c) (relating to requirement for
commercial driver's license)[, while their driving privilege
is suspended, revoked, canceled or recalled or while subject
to disqualification or in violation of an out-of-service
order]; or
* * *
(b) [Disqualification for offense while carrying hazardous
materials.--The] Offenses involving hazardous materials or a
bus.--Except as set forth in subsection (b.1), the department
shall disqualify any person from driving a commercial motor
vehicle for three years if any of the first offenses in
subsection (a) or first refusal in section 1613 (relating to
implied consent requirements for commercial motor vehicle
drivers) occurred either while transporting a hazardous material
required to be placarded[.] or while operating a vehicle
designed to transport 16 or more passengers, including the
driver.
(b.1) Offenses involving out-of-service orders and a bus or
hazardous materials.--The department shall disqualify any person
for two years for a first violation of operating a commercial
motor vehicle while the driver or vehicle is subject to an out-
of-service order if the violation occurred either while
transporting a hazardous material required to be placarded, or
while operating a vehicle designed to transport 16 or more
passengers, including the driver.
(c) [Disqualification for two violations of certain
offenses.--The] Two violations of certain offenses.--Except as
set forth in subsection (c.1), the department shall disqualify
for life any person convicted of two or more violations of any
of the offenses specified in subsection (a), or the subject of
two or more reports of test refusal as specified in section
1613, or any combination of those offenses and/or refusals,
arising from two or more separate and distinct incidents. Only
offenses committed after the effective date of this chapter may
be considered in applying this subsection.
(c.1) Subsequent violations of out-of-service orders.--The
department shall disqualify any person from driving a commercial
motor vehicle for three years for a second or subsequent
violation in a ten-year period of driving while subject to an
out-of-service order and for a period of five years if the
offense occurred either while transporting a hazardous material
required to be placarded, or while operating a vehicle designed
to transport 16 or more passengers, including the driver.
* * *
(n) Consecutive application.--All disqualifications shall be
imposed consecutively.
Section 8. Section 1902 of Title 75 is amended by adding a
paragraph to read:
§ 1902. Exemptions from other fees.
No fee shall be charged under this title for or to any of the
following:
* * *
(10) The reissuance of a registration plate, where the
registration plate has been determined by an authorized
representative of the department or law enforcement to be
illegible from a reasonable distance.
Section 9. Sections 3368(b) and (d) and 4704(g) of Title 75
are amended to read:
§ 3368. Speed timing devices.
* * *
(b) Testing of speedometers.--The department may appoint
stations for testing speedometers and may prescribe regulations
as to the manner in which the test shall be made. Speedometers
shall have been tested for accuracy within a period of [60 days]
one year prior to the alleged violation and immediately upon
change of tire size. A certificate from the station showing that
the test was made, the date of the test and the degree of
accuracy of the speedometer shall be competent and prima facie
evidence of those facts in every proceeding in which a violation
of this title is charged.
* * *
(d) Classification, approval and testing of mechanical,
electrical and electronic devices.--The department may, by
regulation, classify specific devices as being mechanical,
electrical or electronic. All mechanical, electrical or
electronic devices shall be of a type approved by the
department, which shall appoint stations for calibrating and
testing the devices and may prescribe regulations as to the
manner in which calibrations and tests shall be made. The
certification and calibration of electronic devices under
subsection (c)(3) shall also include the certification and
calibration of all equipment, timing strips and other devices
which are actually used with the particular electronic device
being certified and calibrated. [The] Electronic devices
commonly referred to as electronic speed meters or radar shall
have been tested for accuracy within a period of one year prior
to the alleged violation. Other devices shall have been tested
for accuracy within a period of 60 days prior to the alleged
violation. A certificate from the station showing that the
calibration and test were made within the required period[,] and
that the device was accurate[,] shall be competent and prima
facie evidence of those facts in every proceeding in which a
violation of this title is charged.
* * *
§ 4704. Inspection by police or Commonwealth personnel.
* * *
[(g) Limitations.--Farm trucks not required to be
registered, implements of husbandry, special mobile equipment
and trucks and truck tractors registered in class 4A or lower
shall not be subject to the systematic vehicle inspections
authorized under subsection (a).]
* * *
Section 9.1. Sections 4903 and 4922 of Title 75 are amended
by adding subsections to read:
§ 4903. Securing loads in vehicles.
* * *
(c.3) Load of equipment with hydraulically operated boom
arm.--The boom arm of equipment with a hydraulically operated
boom arm being transported through or within this Commonwealth
shall be securely fastened to the vehicle with steel restraining
devices to prevent its movement or shifting during transit.
* * *
§ 4922. Height of vehicles.
* * *
(d) Penalty.--Any person convicted of operating a vehicle
with a height greater than 13 feet 6 inches and traveling
without a valid permit shall, upon conviction, pay a fine of
$500.
Section 9.2. Sections 4968(a) intro. par. and (3.7) and
6103(c) of Title 75 are amended 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 [for paper manufacture] 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:
* * *
(3.7) A combination of vehicles which is hauling
pulpwood or wood chips from a specified source to a [paper
manufacturing site] 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.
(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.
* * *
§ 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:
[(i) No Federal statute, regulation, standard or
criteria shall be extended to cover farm trucks not
required to be registered, special mobile equipment or
implements of husbandry.]
(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).
(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 10. The definition of "all-terrain vehicle" or "ATV"
in section 7702 of Title 75 is amended 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:
"All-terrain vehicle" or "ATV." A motorized off-highway
vehicle which travels on three or more inflatable tires and
which has:
(1) a maximum width of 50 inches and a maximum dry
weight of [800] 1,000 pounds; or
(2) a width which exceeds 50 inches or a dry weight
which exceeds [800] 1,000 pounds.
ATV's described in paragraph (1) may be referred to as Class I
ATV's, and ATV's described in paragraph (2) may be referred to
as Class II ATV's. This term does not include snowmobiles, trail
bikes, motorboats, golf carts, aircraft, dune buggies,
automobiles, construction machines, trucks or home utility
machines; military, fire, emergency and law enforcement
vehicles; implements of husbandry; multipurpose agricultural
vehicles; vehicles used by the department; or any vehicle that
is or is required to be registered under Chapter 13 (relating to
registration of vehicles). In addition, this term does not
include off-road motor vehicles used exclusively as utility
vehicles for agricultural or business operations and
incidentally operated or moved upon the highway.
* * *
Section 11. This act shall take effect in 60 days.
APPROVED--The 26th day of November, A. D. 2008.
EDWARD G. RENDELL
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