Pennsylvania Act 2012-187 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

Session of 2012

No. 2012-187

SB 1147

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in commercial drivers, further providing for employer responsibilities and for requirement for commercial driver's license; in fees, further providing for annual hauling permits; in rules of the road in general, further providing for vehicles required to stop at railroad crossings; in powers of department and local authorities, further providing for applicability and uniformity of title; in liquid fuels and fuels tax, further providing for disposition and use of tax; in size, weight and load, further providing for conditions and security and for permit for movement during course of manufacture and providing for egg movement permits.

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

Section 1. Sections 1605(b) and 1606(a) of Title 75 of the Pennsylvania Consolidated Statutes are amended to read:

§ 1605. Employer responsibilities.

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(b) Prohibitions.--No employer shall knowingly allow, require, permit or authorize a driver to drive a commercial motor vehicle [during any period]:

(1) during any period in which:

(i) the driver's license was suspended, revoked or canceled by a state;

(ii) the driver has lost the privilege to drive a commercial motor vehicle in a state;

(iii) the driver has been disqualified from driving a commercial motor vehicle;

(iv) the driver is not licensed to drive a commercial vehicle;

(v) the driver is not qualified by required class or endorsement to operate the commercial vehicle being driven; or

(vi) the driver, or the commercial motor vehicle the driver is driving, or the motor carrier operation is subject to an out-of-service order; [or]

(2) during any period in which the driver has more than one driver's license[.] ; or

(3) in violation of a Federal, State or local law or regulation pertaining to railroad-highway grade crossing.

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§ 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.] :

(1) the person has been issued a commercial driver's license;

(2) the person's commercial driver's license is in his immediate possession; and

(3) the person's commercial driver's license was issued for the class of commercial motor vehicle operated and contains all applicable license endorsements.

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Section 2. Section 1943 of Title 75 is amended by adding a subsection to read:

§ 1943. Annual hauling permits.

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(g.1) Eggs.--The annual fee for movement of each vehicle hauling eggs as provided for in section 4976.2 (relating to permit for movement of eggs) shall be $400.

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Section 3. Section 3342(g) of Title 75 is amended and the section is amended by adding subsections to read:

§ 3342. Vehicles required to stop at railroad crossings.

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(g) Requirement upon approaching tracks.--[Every] Upon approaching any track of a railroad, the driver of every commercial motor vehicle as defined by section 1603 (relating to definitions) other than those listed in subsection (b) shall[, upon approaching any track or tracks of a railroad, be driven at a rate of speed which will permit the commercial motor vehicle to be stopped before reaching the nearest rail of the railroad crossing and shall not be driven upon or over such crossing until the course is clear.] :

(1) reduce the rate of speed of the commercial motor vehicle and check that the tracks are free of approaching trains; and

(2) stop the vehicle if the tracks are not clear.

(h) Railroad grade crossing.--No commercial motor vehicle may proceed onto a railroad grade crossing unless:

(1) there is sufficient space to drive completely through the crossing without stopping; and

(2) the vehicle has sufficient undercarriage clearance to allow the vehicle to drive completely through the railroad grade crossing without stopping.

(i) Traffic control.--No driver of a commercial motor vehicle may fail to obey a traffic control device or direction of an enforcement officer at a railroad grade crossing.

Section 4. Section 4962(f) of Title 75 is amended to read:

§ 4962. Conditions of permits and security for damages.

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(f) When loads permitted.--Only vehicles and combinations permitted under the following provisions shall be authorized to carry or haul loads while operating under the permit:

Section 4961(a)(2), (3) and (6) (relating to authority to issue permits).

Section 4965 (relating to single permits for multiple highway crossings).

Section 4968 (relating to permit for movement during course of manufacture).

Section 4974 (relating to permit for movement of containerized cargo).

Section 4975 (relating to permit for movement of special mobile equipment).

Section 4976 (relating to permit for movement of domestic animal feed).

Section 4976.1 (relating to permit for movement of live domestic animals).

Section 4976.2 (relating to permit for movement of eggs).

Section 4977 (relating to permit for movement of wooden structures).

Section 4978 (relating to permit for movement of building structural components).

Section 4979 (relating to permit for movement of particleboard or fiberboard used in the manufacture of ready-to-assemble furniture).

Section 4979.1 (relating to permit for movement of bulk refined oil).

Section 4979.2 (relating to permit for movement of waste coal and beneficial combustion ash).

Section 4979.3 (relating to permit for movement of float glass or flat glass for use in construction and other end uses).

Section 4979.4 (relating to permit for movement of self-propelled cranes).

Section 4979.5 (relating to permit for movement of nonhazardous liquid glue).

Section 4979.6 (relating to permit for movement of waste tires).

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Section 5. Section 4968(a.1)(3) of Title 75 is amended and subsection (a.2) is amended by adding a paragraph to read:

§ 4968. Permit for movement during course of manufacture.

(a.1) General rule.--An annual permit may be issued authorizing movement on specified highways of:

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(3) aircraft refueling vehicles or vehicles and combinations carrying raw milk, raw coal, flat-rolled steel coils, steel slabs, hot ingots, a hot box, pulpwood and wood chips [or] , raw water or cryogenic liquid which exceed the maximum weight specified in Subchapter C while they are in the course of manufacture and under contract with or under the direct control of the manufacturer, provided that they do not exceed the maximum height, width or length specified in Subchapter B unless they also qualify under paragraph (1), subject to the provisions in subsection (a.2).

(a.2) Specifications.--

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(13) A combination of vehicles that hauls cryogenic liquid from a manufacturing or processing facility to another manufacturing or processing facility may be permitted by the department and local authorities to move upon highways within their respective jurisdiction if the gross weight does not exceed 102,000 pounds. No permit may be issued for this type of movement upon an interstate highway.

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Section 6. Title 75 is amended by adding a section to read:

§ 4976.2. Permit for movement of eggs.

(a) Authorization.--Except as set forth in subsection (b), all of the following apply:

(1) An annual permit may be issued authorizing the movement on highways to haul eggs to or from a processor by a combination of vehicles which exceeds the maximum vehicle gross weight specified in Subchapter C (relating to maximum weights of vehicles).

(2) On a vehicle permitted under this section:

(i) overall gross weight may not exceed 95,000 pounds; and

(ii) weight on a nonsteering axle may not exceed 21,000 pounds.

(b) Exception.--No permit may be issued for this type of movement upon an interstate highway.

Section 7. Section 6101 of Title 75 is amended to read:

§ 6101. Applicability and uniformity of title.

(a) Requirement.-- The provisions of this title shall be applicable and uniform throughout this Commonwealth and in all political subdivisions in this Commonwealth, and no local authority shall enact or enforce any ordinance on a matter covered by the provisions of this title unless expressly authorized.

(b) Sanctions.--When a court of competent jurisdiction determines and notifies the department that an ordinance adopted by a local authority is in violation of subsection (a), commencing 40 days following entry of a final order, unless an appeal has been timely filed with a court of record, the following sanctions apply until the local authority repeals or substantially amends the ordinance to remove the language that was found to be in violation of subsection (a):

(1) Suspension of unobligated capital expenditures for bridges and highways.

(2) Suspension of allocation under the act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal Allocation Law.

(3) Suspension of allocation and apportionment under section 9010(c.1) (relating to disposition and use of tax).

(4) Suspension of expenditures from the special fund into which allocations under the Liquid Fuels Tax Municipal Allocation Law are deposited, unless a contract for the work that is the subject of the expenditure has been fully executed or the moneys have been otherwise obligated.

(c) Suspended funds.--Upon notification that the local authority has repealed or substantially amended the ordinance to remove the language that was found to be in violation of subsection (a), the department shall immediately end all sanctions against the local authority and return all suspended funds to the local authority.

Section 8. Section 9010(c) introductory paragraph of Title 75 is amended and the section is amended by adding subsections to read:

§ 9010. Disposition and use of tax.

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(c) Allocation of money.--[The] Except as set forth in subsection (c.1), the county commissioners may allocate and apportion money from the County Liquid Fuels Tax Fund to the political subdivisions within the county in the ratio as provided in this subsection. When the unencumbered balance in the County Liquid Fuels Tax Fund is greater than the receipts for the 12 months immediately preceding the date of either of the reports, the county commissioners shall notify the political subdivisions to make application within 90 days for participation in the redistribution of the unencumbered balance. Redistribution shall be effected within 120 days of the date of either of the reports. The county commissioners may distribute the unencumbered balance in excess of 50% of the receipts for the previous 12 months to the political subdivisions making application in the following manner:

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(c.1) Forfeiture.--All money allocated under subsection (c) to a political subdivision which, under section 6109(a) (relating to specific powers of department and local authorities), violates section 6101(a) (relating to applicability and uniformity of title) shall be withheld by the county during the period of time in which the municipality is in violation of section 6101(a).

(c.2) Release funds.--Upon notification that the local authority has repealed or substantially amended the ordinance to remove the language that was found to be in violation of section 6101(a), the county shall release those funds withheld by the county and due the local agency.

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Section 9. This act shall take effect in 60 days.

APPROVED--The 24th day of October, A.D. 2012.

TOM CORBETT