Pennsylvania Act 1994-172 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
                 Act of Dec. 28, 1994, P.L. 1450, No. 172             Cl. 75
                             Session of 1994
                               No. 1994-172

     HB 2056

                                  AN ACT

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, further providing for vehicles of nonresidents
        exempt from registration; providing for special registration
        plates for recipients of the Expeditionary Forces Medal, for
        veterans of World War II and for a zoological registration
        plate and for permit for movement of containerized cargo;
        further providing for availability, scope and amount of
        coverage, for exemption from registration fees, for mobile
        homes, modular housing units and modular housing
        undercarriages, for emission control systems and for
        tabulation and analysis of accident reports by the Department
        of Transportation; providing for permits for movement of a
        mobile home or a modular housing unit and modular housing
        undercarriage; further providing for annual hauling permits,
        for conditions of permits and security for damages and for
        permit for movement during course of manufacture; providing
        for adoption of Knox Township Road 830 in Jefferson County as
        a State highway; and providing for the takeover of certain
        township roads and for penalties.

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

        Section 1.  Section 102 of Title 75 of the Pennsylvania
     Consolidated Statutes is amended by adding a definition 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:
        * * *
        "Containerized cargo."  Manifested international freight in a
     sealed, seagoing container.
        * * *
        Section 2.  Section 1303(b) of Title 75 is amended to read:
      § 1303.  Vehicles of nonresidents exempt from registration.
        * * *
        (b)  Transportation of persons for hire, compensation or
     profit.--Every owner of a foreign vehicle operated within this
     Commonwealth for the transportation of persons for hire,
     compensation or profit either regularly according to schedule or
     for a period exceeding 30 days in the calendar year, unless
     exempted from registration under the terms of a reciprocity
     agreement [or pursuant to Subchapter A of Chapter 81 (relating
     to bus taxation proration agreement)] shall register the vehicle
     according to the laws of this Commonwealth.
        * * *
        Section 3.  Title 75 is amended by adding sections to read:
      § 1355.  Zoological plate.
        The department, in consultation with the Pennsylvania
     Zoological Council, shall design a special zoological
     registration plate. Upon application of any person, accompanied
     by a fee of $35 which shall be in addition to the annual
     registration fee, the department shall issue the plate for a
     passenger car or truck with a gross vehicle weight rating of not
     more than 9,000 pounds. The Zoological Enhancement Fund shall
     receive $15 of the fee paid by the applicant for the plate.
      § 1356.  Special plates for recipients of Expeditionary Forces
                Medal.
        Upon application of any person who is a recipient of the
     Expeditionary Forces Medal, accompanied by a fee of $20 which
     shall be in addition to the annual registration fee and by such
     documentation as the department shall require, the department
     shall issue to such person a special registration plate
     designating the vehicle so registered as belonging to a person
     who is a recipient of the Expeditionary Forces Medal. The
     special registration plate may be used only on one passenger
     vehicle or truck with a gross vehicle weight rating of not more
     than 9,000 pounds.
      § 1357.  Special plates for World War II veterans.
        Upon application of any person who is a veteran of World War
     II, accompanied by a fee of $20 which shall be in addition to
     the annual registration fee and by such documentation as the
     department shall require, the department shall issue to such
     person a special registration plate carrying the symbol of a
     ruptured duck designating the vehicle so registered as belonging
     to a person who is a veteran of World War II. The special
     registration plate may be used only on one passenger vehicle or
     truck with a gross vehicle weight rating of not more than 9,000
     pounds.
        Section 4.  Section 1731 of Title 75 is amended by adding a
     subsection to read:
      § 1731.  Availability, scope and amount of coverage.
        * * *
        (b.1)  Limitation of rejection.--Uninsured motorist coverage
     cannot be rejected on motor vehicle liability insurance policies
     written for vehicles referred to as "common carriers by motor
     vehicle" as defined in 66 Pa.C.S. § 102 (relating to
     definitions). Uninsured motorist protection may be rejected for
     the driver and passengers for rental or lease vehicles which are
     not otherwise common carriers by motor vehicle, but such
     coverage may only be rejected if the rental or lease agreement
     is signed by the person renting or leasing the vehicle and
     contains the following rejection language:
                REJECTION OF UNINSURED MOTORIST PROTECTION
            I am rejecting uninsured motorist coverage under this
            rental or lease agreement, and any policy of insurance or
            self-insurance issued under this agreement, for myself
            and all other passengers of this vehicle. Uninsured
            coverage protects me and other passengers in this vehicle
            for losses and damages suffered if injury is caused by
            the negligence of a driver who does not have any
            insurance to pay for losses and damages.
        * * *
        Section 5.  Section 1901(c) of Title 75 is amended by adding
     a paragraph to read:
      § 1901.  Exemption of entities and vehicles from fees.
        * * *
        (c)  Processing fee in lieu of registration fee.--No
     registration fee shall be charged for vehicles registered by any
     of the following but the department shall charge a fee of $10 to
     cover the costs of processing for issuing or renewing the
     registration:
            * * *
            (22)  Nonprofit mobile aviation museum.
        * * *
        Section 6.  Section 1943(c) of Title 75 is amended and the
     section is amended by adding a subsection to read:
      § 1943.  Annual hauling permits.
        * * *
        (c)  Equipment being manufactured.--The annual fee for
     operation or movement of equipment being manufactured, as
     provided for in section 4968 (relating to permit for movement
     during course of manufacture), shall be $50 for oversized
     movements and $400 for overweight movements.
        * * *
        (f)  Containerized cargo.--The annual company fee for
     movement of any combination with overweight containerized cargo
     as provided for in section 4974 (relating to permit for movement
     of containerized cargo) shall be:
            (1)  $100 for a motor carrier requesting permits for up
        to 15 truck tractors.
            (2)  $150 for a motor carrier requesting permits for 16
        to 50 truck tractors.
            (3)  $250 for a motor carrier requesting permits for 51
        to 100 truck tractors.
            (4)  $350 for a motor carrier requesting permits for 101
        to 150 truck tractors.
            (5)  $400 for a motor carrier requesting permits for 151
        or more truck tractors.
        Section 7.  Sections 1944, 3753(b), 4531(c), 4901(a) and 4907
     of Title 75 are amended to read:
      § 1944.  Mobile homes, modular housing units and modular
                housing undercarriages.
        The fee for a special hauling permit for a mobile home,
     modular housing unit or modular housing [unit] undercarriage
     which exceeds the maximum size prescribed in this title but
     which does not exceed 14 feet in body width shall be [$20.] $25.
     The fee for a special hauling permit for a mobile home or
     modular housing unit, as provided for in section 4973 (relating
     to permits for movement of a mobile home or a modular housing
     unit and modular housing undercarriage), shall be $50.
      § 3753.  Department to tabulate and analyze accident reports.
        * * *
        (b)  Central accident analysis system.--The department shall
     provide accident data for analysis in selecting [accident] crash
     prevention programs and in evaluating the effectiveness of those
     programs implemented. The system shall provide[:
            (1)  An] an annual report to the General Assembly
        [comparing] assessing traffic safety in Pennsylvania [and
        other states which have a point system with traffic safety in
        states which do not have a point system], including, but not
        limited to, [the number and percentage of accidents, serious
        accidents and total accidents caused by point and nonpoint
        violations.] an analysis of accident characteristics and
        mitigation strategies to reduce the potential for future
        accidents. In addition, the system shall be capable of
        providing:
            [(2)] (1)  An annual statistical summary of motor vehicle
        accidents including multidimensional distribution for such
        factors as type, time and location of accident, road and
        weather conditions, type of traffic control, and condition
        and actions of operators and type and condition of the
        vehicles.
            [(3)  Identification of hazardous road] (2)  Accident
        frequency histories for special highway locations.
            [(4)  Information on which police duty assignment may be
        more effective in order to prevent accidents] (3)
        Comparative site-specific and route-specific accident data,
        including, but not limited to, accident rates, capsule
        summary listings, engineering extracts, location priority
        reports, cluster reports and maps depicting accident rates or
        frequencies for use in conducting in-depth accident
        investigations or safety studies.
            [(5)] (4)  Evaluation of speed [regulations or other],
        driving under the influence, safety belts and other safety
        provisions of this title to aid the department and the
        General Assembly in determining when changes are desirable.
            [(6)] (5)  Statistical analyses of the relationship
        between [nonaccident traffic violations of operators] driver
        characteristics and behavior and accident involvement. These
        analyses shall include [such factors as the type, location,
        and severity of violations, the type, location, and severity
        of the accidents and the responsibility of the operators
        involved] frequency and severity of crashes by drivers
        grouped by major violation category and frequency.
            [(7)] (6)  An evaluation of legal or departmental actions
        as related to driver improvement and accident reduction.
        * * *
      § 4531.  Emission control systems.
        * * *
        (c)  Limitation on sale and operation of vehicles with
     altered systems.--No person shall knowingly sell or operate a
     vehicle whose emission control system has been disabled, changed
     or altered from its original design specifications, except for
     in-kind replacement of system components and added components
     which are designed to improve emissions.
      § 4901.  Scope and application of chapter.
        (a)  General rule.--[It is unlawful for any person to drive
     or move, or for the owner to cause or permit to be driven or
     moved, on any highway any] No vehicle [or vehicles of],
     combination or load which has a size or weight exceeding the
     limitations provided in this chapter [or any] and no vehicle [or
     vehicles], combination or load which [are] is not so constructed
     or equipped as required in this title or the regulations of the
     department[.] shall be operated or moved upon any highway of
     this Commonwealth, unless permitted as provided in this title by
     the department or local authority with respect to highways and
     bridges under their respective jurisdictions. Failure to obtain
     a permit prior to the operation or movement of such a vehicle,
     combination or load shall subject the owner, lessee and operator
     of such a vehicle or combination to the institution of summary
     criminal proceedings by citation for any violations of this
     part.
        * * *
      § 4907.  Penalty for violation of chapter.
        (a)  General rule.--Any person violating any provision of
     this chapter for which a penalty is not otherwise provided is
     guilty of a summary offense and shall, upon conviction, be
     sentenced to pay a fine of [not less than $50 nor more than
     $100.] $300 for each violation.
        (b)  Penalty for violation of permit.--Any person whose
     vehicle, combination or load is in violation of or not in
     compliance with any condition of a permit and any person who
     violates or fails to comply with any condition of a permit while
     operating or transporting a vehicle, combination or load, in
     addition to any other violation prohibited by this chapter,
     commits a summary offense and shall, upon conviction, be
     sentenced to pay a fine of $500 for each violation.
        (c)  Penalty for violation of multijurisdictional permit.--
     Any person who violates or fails to comply with any provision of
     a permit issued under section 6146.1 (relating to
     multijurisdictional permit agreement), in addition to any other
     violation prohibited by this title, commits a summary offense
     and shall, upon conviction, be sentenced to pay a fine of $500
     for each violation.
        (d)  Penalty for operation with an invalid permit.--Any
     person who operates or moves an oversize or overweight vehicle,
     combination or load with an expired, void or invalidated permit,
     in addition to any other violation prohibited by this chapter,
     commits a summary offense and shall, upon conviction, be
     sentenced to pay a fine of $1,000 for each violation.
        Section 8.  Section 4962(c) of Title 75 is amended and the
     section is amended by adding a subsection to read:
      § 4962.  Conditions of permits and security for damages.
        * * *
        (c)  Revocation of permit.--A permit shall be revocable for
     cause[.] and shall be subject to summary confiscation or
     invalidation as provided by departmental regulations.
        * * *
        (g)  Penalty.--Any person who operates or moves or attempts
     to operate or move an oversize or overweight vehicle,
     combination or load under an altered, forged or counterfeited
     permit, in addition to any other violation prohibited by this
     title, commits a summary offense and shall, upon conviction, be
     sentenced to pay a fine of $5,000 for each violation.
        Section 9.  Section 4968 of Title 75 is amended to read:
      § 4968.  Permit for movement during course of manufacture.
        An annual permit may be issued authorizing movement on
     highways of boats, trailers, mobile homes, modular housing units
     and undercarriages, helicopters, railway equipment and rails or
     other articles, vehicles or combinations [thereof] which exceed
     the maximum height, width or length specified in Subchapter B
     (relating to width, height and length) or combinations carrying
     steel coils which exceed the maximum weight specified in
     Subchapter C (relating to maximum weights of vehicles) while
     they are in the course of manufacture and entirely within the
     control of the manufacturer, subject to the following
     provisions:
            (1)  Except for articles and vehicles not exceeding 102
        inches in width, no permit shall be issued under this section
        for movement of articles or vehicles while they are in
        transit from the manufacturer to a purchaser or dealer or for
        the movement of articles or vehicles upon a freeway.
            (2)  Articles and vehicles not wider than 102 inches may
        be moved any distance on a permit. Articles and vehicles
        wider than 102 inches but not in excess of ten feet in width
        may be moved up to 50 miles on a permit. Wider articles and
        vehicles may be moved no farther than ten miles on a permit.
            (3)  A combination of vehicles which is hauling steel
        coils may be permitted by the department to move upon
        specified State highways a distance not exceeding ten miles,
        provided, however, that the gross weight shall not exceed
        100,000 pounds nor shall the weight of any axle exceed 21,000
        pounds. No permit may be issued for this type of movement
        upon a freeway.
            (4)  A permit may be denied in order to preserve the
        safety of highway users or to protect the structural
        integrity of highways or bridges or as otherwise authorized
        by department regulations.
        Section 10.  Title 75 is amended by adding sections to read:
      § 4973.  Permits for movement of a mobile home or a modular
                housing unit and modular housing undercarriage.
        (a)  General rule.--A permit may be issued under this section
     for movement of a mobile home or a modular housing unit that
     exceeds 14 feet in body width but which does not exceed 16 feet
     in width.
        (b)  Conditions.--A vehicle, combination or load permitted
     under this section shall be operated under such conditions as
     specified by the department pursuant to section 4962 (relating
     to conditions of permits and security for damages). A mobile
     home or modular housing unit which exceeds 14 feet in body width
     may not exceed 80 feet, including hitch, in home unit length or
     14 feet 6 inches in height.
        (c)  Equipment.--In addition to the requirements of this
     title and departmental regulations, a mobile home that is wider
     than 14 feet in body width or a modular housing undercarriage
     which is carrying a modular housing unit that is wider than 14
     feet in body width shall be equipped as follows:
            (1)  the mobile home or modular housing undercarriage
        shall have at least four axles;
            (2)  each wheel on a mobile home or modular housing
        undercarriage shall be equipped with operable brakes; and
            (3)  the tires on a mobile home or modular housing
        undercarriage may not carry a weight in excess of the tire
        manufacturer's rating as marked on the sidewall of the tire.
        (d)  Pilot cars.--In addition to the conditions of this title
     and departmental regulations, a vehicle, combination or load
     permitted under this section that is wider than 14 feet in body
     width shall be accompanied by two pilot cars on all highways,
     with one pilot car leading the permitted motor vehicle and one
     pilot car following the permitted vehicle or combination.
        (e)  Restricted travel periods.--A vehicle, combination or
     load permitted under this section that is wider than 14 feet in
     body width shall be moved only from 9 a.m. to sunset on Monday,
     Tuesday, Wednesday and Thursday and from 9 a.m. to 12 noon on
     Friday. Movement under this section is not authorized at any
     time on Saturday or Sunday or during any holiday period
     specified in departmental regulations or the permit.
      § 4974.  Permit for movement of containerized cargo.
        An annual permit may be issued authorizing the movement on
     highways of containerized cargo which exceeds the maximum
     vehicle gross or maximum axle weights specified in Subchapter C
     (relating to maximum weights of vehicles). The weight of any
     vehicle permitted under this section shall not exceed 90,000
     pounds overall gross weight and 21,000 pounds on any axle.
        Section 11.  (a)  Township Road 830 in Knox Township,
     Jefferson County, known as Five Mile Run Road, consisting of 5.7
     miles of improved highway, including two bridges, is hereby
     adopted as a State highway.
        (b)  Knox Township is hereby relieved of all responsibility
     for maintenance of Township Road 830.
        Section 12.  The following township roads are hereby adopted
     as State highways:
            (1)  Route 18011.  Beginning at the end of State Route
        664, T-511, running from Station 0+00 at Veterans Bridge to
        Station 222+06 at the boundary with Colebrook Township,
        having a total length of 4.2057 miles and an existing right-
        of-way width of 33 feet in Woodward Township, Clinton County.
            (2)  Route 18012.  Beginning at State Route 364
        (Legislative Route 359) from Segment 0006 Offset 0000
        (Station 0+00), excluding the 146-foot span bridge starting
        at Segment 0006 Offset 0000, center line of bridge Station
        0+00, BMSID#18/0364/0006/0000, the 40-foot span bridge
        starting at Segment 0050 Offset 0530, center line of bridge
        Station 104+40, BMSID#18/0364/0050/0530 and the 27-foot span
        bridge starting at Segment 0050 Offset 1699, center line of
        bridge Station 116+05, BMSID#18/0364/0050/1699 to Segment
        0050 Offset 1730 (Station 116+40), having a total length of
        2.1616 miles, Beech Creek Township, Clinton County.
            (3)  Route 18013.  Beginning at Legislative Route 18040,
        Station 215+00 to Station 367+32, measuring approximately
        2.8825 miles in length, Grugan Township, Clinton County.
        Section 13.  This act shall take effect in 60 days.

     APPROVED--The 28th day of December, A. D. 1994.

     ROBERT P. CASEY