Pennsylvania Act 2018-138 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

Session of 2018

No. 2018-138

SB 796

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; in fees, further providing for exemptions from other fees and providing for recreational trailers and recreational cargo trailers and for special procedures for trailer registration; and, in size, weight and load, further providing for restrictions on use of highways and bridges and for registered gross weight.

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

Section 1. The definition of "recreational trailer" in section 102 of Title 75 of the Pennsylvania Consolidated Statutes is amended and the section 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:

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"Recreational cargo trailer." A trailer designed or adapted for the purposes of transporting animals or vehicles for noncommercial recreational use, such as a horse trailer, watercraft trailer or all-terrain trailer.

"Recreational trailer." A trailer designed or adapted [and used exclusively for recreational purposes.] to provide temporary living quarters for noncommercial recreational, camping or travel use .

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Section 2. Section 1902(8) of Title 75 is amended and the section is amended by adding paragraphs to read:

§ 1902. Exemptions from other fees.

No fee shall be charged under this title for or to any of the following:

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(8) Volunteer emergency service personnel who require a certified driving record for certification under [the act of July 3, 1985 (P.L.164, No.45), known as the Emergency Medical Services Act] 35 Pa.C.S. Ch. 81 (relating to emergency medical services system) .

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(11) Notwithstanding section 1617 (relating to fees), the change of address on a commercial driver's license, including a commercial driver's license with a motorcycle endorsement, if an individual's current address has been changed by a government entity.

(12) A duplicate registration card ordered at the time of an online transaction where the applicant prints the registration credential. This paragraph does not apply to duplicate registration cards processed by the department or an agent service of the department in an over-the-counter transaction or by mail.

Section 3. Title 75 is amended by adding sections to read:

§ 1920.1. Recreational trailers and recreational cargo trailers.

(a) General rule.--The annual fee for registration of a recreational trailer or recreational cargo trailer shall be determined by its registered gross weight according to the following table:

(b) Optional five-year registration.--A recreational trailer or recreational cargo trailer with a registered gross weight of 13,000 pounds or less may be registered for a period of five years upon payment by the registrant of the applicable fee for such period.

(c) Optional permanent registration.--The following apply:

(1) A recreational trailer or recreational cargo trailer with a registered gross weight of 13,001 or more pounds may be registered for a one-time fee of $425 in lieu of the annual fee at the option of the registrant.

(2) A permanent registration of a recreational trailer or recreational cargo trailer under this section may be transferred to another recreational trailer or recreational cargo trailer one time upon payment of the fee under section 1927 (relating to transfer of registration).

§ 1920.2. Special procedures for trailer registration.

(a) General rule.--Application for certificate of title and the registration of a trailer, including a recreational trailer or recreational cargo trailer, shall be made upon an appropriate form furnished by the department. Department information shall contain the definitions of recreational trailer and recreational cargo trailer as set forth under section 102 (relating to definitions).

(b) Penalty.--An applicant who falsely certifies that a trailer is a recreational trailer or recreational cargo trailer on an application for a trailer registration is subject to the penalty under 18 Pa.C.S. § 4904(b) (relating to unsworn falsification to authorities).

Section 4. Sections 4902(a)(4) and (5) and 4942(c) of Title 75 are amended to read:

§ 4902. Restrictions on use of highways and bridges.

(a) Restrictions based on condition of highway or bridge.--

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(4) The methodology under paragraph (3) may allow for exemptions from 67 Pa. Code Ch. 189 (relating to hauling in excess of posted weight limit) related to the at-risk industry [sectors] of logging or other forest products experiencing a 20% decline in Statewide employment between March 2002 and March 2011, as determined by the Department of Labor and Industry.

(5) The exemptions and related requirements under paragraph (4) may remain in existence only until December 31, [2018] 2023 . Exemptions for local delivery or pickup may not include traffic going to or coming from a site at which minerals, natural gas or natural resources are developed, harvested or extracted, notwithstanding whether the site is located at a residence, a commercial site or on farmland. Delivery or pickup of logs or other forest products to or from permanent processing mills located on or reachable only through posted highways shall be considered local delivery or pickup. Delivery or pickup of coal to or from permanent coal reprocessing or preparation plants located on or reachable only through posted highways and not on the same posted highway as a site at which coal is extracted shall be considered local delivery or pickup.

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§ 4942. Registered gross weight.

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(c) Combination.--No combination containing a trailer having a gross weight or registered gross weight in excess of 10,000 pounds shall be operated with a gross weight in excess of the registered gross weight of the truck or truck tractor for a combination. This subsection shall not apply to a combination of vehicles consisting of a motor vehicle towing a recreational trailer or recreational cargo trailer, registered as such, as long as the combination weight does not exceed the sum of the manufacturer's rated axle capacities or the gross combination weight rating , whichever is less .

Section 5. This act shall take effect as follows:

(1) The amendment of 75 Pa.C.S. §§ 1902(8) and 4902(a)(4) and (5) shall take effect in 60 days.

(2) The addition of 75 Pa.C.S. § 1902(11) shall take effect in 90 days.

(3) The addition of 75 Pa.C.S. §§ 1902(12), 1920.1 and 1920.2 shall take effect in one year.

(4) This section shall take effect immediately.

(5) The remainder of this act shall take effect in 180 days.

APPROVED--The 24th day of October, A.D. 2018.

TOM WOLF