act-1992-0-174•Pennsylvania Act 1992-174 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 1992-174 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
act-1992-0-1741992 Pa. Act 174Law
Act text
VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Dec. 18, 1992, P.L. 1411, No. 174 Cl. 75
Session of 1992
No. 1992-174
HB 355
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, adding a definition of "commercial implement of
husbandry" and adding amending provisions relating thereto;
providing for the standards for recovered theft vehicles, for
fleet owner transporter registration plates and for a wild
resource conservation plate; making unlawful certain
agreements requiring retail motor vehicle fuel stations to be
open during certain hours; further providing for the
definition of "school bus," for vehicles exempt from
registration and for permits for certain chemical and
fertilizer vehicles; further providing for drivers required
to be licensed, for the use of school bus plates, for the fee
for registration of a school bus, for restrictions on use of
handicapped parking areas, for use of multiple-beam road
lighting equipment, for visual and audible signals on
emergency vehicles and for driving under influence of alcohol
or controlled substance; and providing for liquor or malt or
brewed beverages.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "school bus" 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:
* * *
"Commercial implement of husbandry." A self-propelled
vehicle used to apply nutrients, soil amendments or chemicals
commercially for production agriculture and only occasionally
operated or moved upon highways.
* * *
"School bus." A motor vehicle which:
(1) is designed [and used] to carry 11 passengers or
more, including the driver; and
(2) is used for the transportation of preprimary,
primary or secondary school students[, personnel or
chaperones] to or from public, private or parochial schools
or events related to such schools or school-related
activities [from home, or from such schools or school-related
activities to home].
The term does not include a motor vehicle used to transport
preprimary, primary or secondary school students to or from
public, private or parochial schools or events related to such
schools or school-related activities, which is designed to carry
11 to 15 passengers, including the driver, and which is
registered in this Commonwealth as a bus prior to March 1, 1993.
* * *
Section 2. Sections 1106(c), 1117(a) and (d) and 1302(11) of
Title 75 are amended to read:
§ 1106. Content and effect of certificate of title.
* * *
(c) Certificate as evidence and notice.--A certificate of
title issued by the department is prima facie evidence of the
facts appearing on the certificate. The certificate shall be
adequate notice to the Commonwealth, creditors, subsequent
lienholders and purchasers that a lien against the vehicle
exists. The printed name of the secretary shall constitute a
signature on the certificate.
§ 1117. Vehicle destroyed, dismantled, salvaged or recycled.
(a) Application for certificate of salvage.--Any owner who
transfers a vehicle to be destroyed or dismantled, salvaged or
recycled shall assign the certificate of title to the person to
whom the vehicle is transferred. [The] Except as provided in
subsection (e), the transferee shall immediately present the
assigned certificate of title to the department or an authorized
agent of the department with an application for a certificate of
salvage upon a form furnished and prescribed by the department.
An insurer, as defined in section 1702 (relating to
definitions), to which title to a vehicle is assigned upon
payment to the insured of the replacement value of a vehicle,
shall be regarded as a transferee under this subsection. If an
owner retains possession of a vehicle which is damaged to the
extent that it is valueless except for salvage, the owner shall
apply for a certificate of salvage immediately. In this case, an
insurer shall not pay vehicle replacement value until the owner
produces evidence to the insurer that the certificate of salvage
has been issued.
* * *
(d) Reconstructed and recovered theft vehicles.--
(1) If a vehicle, other than an antique or classic
vehicle, for which a certificate of salvage has been issued
is thereafter restored to operating condition, it shall be
regarded as a reconstructed vehicle.
(2) If a certificate of salvage has been issued for a
vehicle, other than an antique or classic vehicle, which was
reported as stolen and then recovered and restored to
operating condition, the vehicle shall be regarded as a
recovered theft vehicle, but only if the retail value of any
repairs does not exceed [$1,000] 50% of the actual cash value
of the vehicle as determined by averaging the average retail
values listed in the Official Used Car Guide for Domestic and
Imported Cars published by the National Automobile Dealers
Association and the Automobile Red Book Official Used Car
Validations published by Maclean Hunter Market Reports, Inc.,
as certified by the insurer or licensed physical damage
appraiser on a form prescribed by the department; otherwise,
the vehicle shall be regarded as a reconstructed vehicle.
* * *
§ 1302. Vehicles exempt from registration.
The following types of vehicles are exempt from registration:
* * *
(11) Any trailer or semitrailer, including but not
limited to non-self-propelled special mobile equipment, to be
used primarily for off highway use and only operated
incidentally upon the highway.
* * *
Section 3. Title 75 is amended by adding a section to read:
§ 1337.1. Fleet owner transporter registration plate.
(a) General rule.--The department shall issue to fleet
owners special registration plates which may be displayed on
passenger cars, trucks, truck tractors and trailers owned or
leased by the fleet owner in lieu of registering each vehicle
individually.
(b) Limitations on use of plates.--
(1) A registration plate issued under this section may
be displayed only on an unladen vehicle.
(2) A registration plate issued under this section may
be displayed only on a vehicle type for which it was
purchased, except that a plate issued for a truck or truck
tractor may be displayed on an unladen passenger car or an
unladen trailer. The weight limits for trucks, truck tractors
and trailers must conform to the weight limit for which the
registration plate was purchased.
(3) A vehicle bearing a registration plate issued under
this section may be used for any of the following:
(i) For transit of the vehicle to or from the place
where the vehicle is offered for sale.
(ii) For transit from the place where the vehicle
was purchased.
(iii) For transit to and from a location where the
vehicle is modified, completed or enhanced for a period
of not more than 30 days after the date of purchase.
(iv) For testing of the vehicle for a period of not
more than 30 days after the date of purchase.
(v) For repair, servicing or inspection of a vehicle
which is not normally operated on a highway.
(c) Records.--Records shall be kept by the fleet owner in a
manner prescribed by the department indicating the vehicles
which displayed each registration plate issued under this
section. The records shall be open to inspection by department
representatives and any police officer.
Section 4. Section 1343 of Title 75 is amended to read:
§ 1343. Use of school bus or school vehicle plates.
(a) General rule.--A motor vehicle bearing school bus or
school vehicle registration plates shall be used exclusively for
the transportation of children and their chaperons to or from
public, private, parochial or Sunday school or in connection
with any public, private, parochial or Sunday school-related
activity. Each school district shall adopt regulations regarding
the number of chaperons to accompany students in connection with
these activities. Except when transporting children to and from
public, private, parochial or Sunday school or public, private,
parochial or Sunday school-related activities, the words "school
bus" on the front and rear of the vehicle shall be concealed and
the red and amber visual signals shall not be operable.
(b) Penalty.--Any person violating this section is guilty of
a summary offense and shall, upon conviction, be sentenced to
pay a fine of $25.
Section 5. Title 75 is amended by adding a section to read:
§ 1352. Wild r[source conservation plate.
The department, in consultation with the Wild Resource
Conservation Board, shall design a special wild resource
conservation 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 other vehicle with a registered gross
weight of not more than 9,000 pounds. The Wild Resource
Conservation Fund shall receive $15 of each additional fee for
this plate.
Section 6. Sections 1501(a), 1547(d), 1801, 1812 and 1817 of
Title 75 are amended to read:
§ 1501. Drivers required to be licensed.
(a) General rule.--No person, except those expressly
exempted, shall drive any motor vehicle upon a highway or public
property in this Commonwealth unless the person has a driver's
license valid under the provisions of this chapter. As used in
this subsection, the term "public property" includes, but is not
limited to, driveways and parking lots owned or leased by the
Commonwealth, a political subdivision or an agency or
instrumentality of either.
* * *
§ 1547. Chemical testing to determine amount of alcohol or
controlled substance.
* * *
(d) Presumptions from amount of alcohol.--If chemical
testing of a person's breath, blood or urine shows:
(1) That the amount of alcohol by weight in the blood of
the person tested is 0.05% or less, it shall be presumed that
the person tested was not under influence of alcohol and the
person shall not be charged with any violation under section
3731(a)(1) [or (4)], (4) or (5) (relating to driving under
influence of alcohol or controlled substance), or, if the
person was so charged prior to the test, the charge shall be
void ab initio. This fact shall not give rise to any
presumption concerning a violation of section 3731(a)(2) or
(3) or (i).
(2) That the amount of alcohol by weight in the blood of
the person tested is in excess of 0.05% but less than 0.10%,
this fact shall not give rise to any presumption that the
person tested was or was not under the influence of alcohol,
but this fact may be considered with other competent evidence
in determining whether the person was or was not under the
influence of alcohol. This provision shall not negate the
provisions of section 3731(i).
(3) That the amount of alcohol by weight in the blood of
the person tested is 0.10% or more, this fact may be
introduced into evidence if the person is charged with
violating section 3731.
* * *
§ 1801. 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:
["Bureau" or "index bureau." The Motor Vehicle Insurance
Fraud Index Bureau.]
"Commissioner." The Insurance Commissioner of the
Commonwealth.
"Comprehensive database system." A centralized organization
or entity designed to collect and disseminate insurance claims
information and data from and among its members or subscribers
for, but not limited to, the prevention and suppression of
fraud.
"Department." The Insurance Department of the Commonwealth.
"Motor vehicle insurer" or "insurer." An entity licensed to
write motor vehicle insurance in the Commonwealth.
§ 1812. Content of plans.
The antifraud plans of each insurer shall establish specific
procedures:
(1) To prevent insurance fraud, including internal fraud
involving employees or company representatives, fraud
resulting from misrepresentation on applications for
insurance coverage, and claims fraud.
(2) To review claims in order to detect evidence of
possible insurance fraud and to investigate claims where
fraud is suspected.
(3) To report fraud to appropriate law enforcement
agencies and to cooperate with such agencies in their
prosecution of fraud cases.
(4) To undertake civil actions against persons who have
engaged in fraudulent activities.
(5) To report fraud-related data to [the index bureau] a
comprehensive database system.
(6) To ensure that costs incurred as a result of
[detected] insurance fraud are not included in any rate base
affecting the premiums of motor vehicle insurance consumers.
§ 1817. Reporting of insurance fraud.
Every insurer licensed to do business in this Commonwealth,
and its employees, agents, brokers, motor vehicle physical
damage appraisers and public adjusters, or public adjuster
solicitors, who has a reasonable basis to believe insurance
fraud has occurred shall be required to report the incidence of
suspected insurance fraud to Federal, State or local criminal
law enforcement authorities. Licensed insurance agents and
physical damage appraisers may elect to report suspected fraud
through the affected insurer with which they have a contractual
relationship. All reports of insurance fraud to law enforcement
authorities shall be made in writing[, and copies of the report
shall be sent simultaneously to the index bureau]. Where
insurance fraud involves agents, brokers, motor vehicle physical
damage appraisers, public adjusters or public adjuster
solicitors, a copy of the report shall also be sent to the
department.
Section 7. Subchapter C of Chapter 18 of Title 75 is amended
to read:
SUBCHAPTER C
[MOTOR VEHICLE INSURANCE FRAUD
INDEX BUREAU]
COMPREHENSIVE DATABASE SYSTEM
[§ 1821. Designation.
The department shall, after consultation with insurers
licensed to write motor vehicle insurance in this Commonwealth,
designate a Motor Vehicle Insurance Fraud Index Bureau. The
bureau shall, within 180 days of its designation, file with the
department a plan of operation consistent with the provisions of
this subchapter. The plan of operation shall include, but not be
limited to, the following:
(1) A description of the bureau's organizational makeup,
membership, staff complement, physical location and self-
funding methodology.
(2) Detailed procedures for all members to regularly
report fraud-related data to the bureau.
(3) Policies and procedures governing insurer and law
enforcement agency access to bureau data, information and
reports.
(4) A detailed accounting of how information on
insurance fraud filed by insurers will be organized and
maintained.
(5) Any other information, data, procedure or program
relating to insurance fraud as may be required by the
department or determined necessary to facilitate the
reporting and use of information and data.
§ 1822. Reports.
(a) Requirement.--Each insurer licensed to write motor
vehicle insurance in this Commonwealth shall, as a condition of
authority to transact the business of insurance in this
Commonwealth, report information on suspected fraudulent claims
and applications for benefits arising out of the maintenance and
use of a motor vehicle in this Commonwealth with the bureau
within 45 days of receipt of such claim.
(b) Content.--The information filed by insurers pursuant to
subsection (a) shall include, but not be limited to:
(1) Identification of claimants.
(2) Identification of medical providers.
(3) Identification of repair shops.
(4) Identification of insurance adjusters.
(5) Identification of attorneys representing claimants.
(6) Description of claims.
(7) Other information deemed relevant by the submitting
insurer or bureau.
(8) Other information required by the Insurance
Commissioner.
§ 1823. Membership in bureau.
Each insurer licensed to write motor vehicle insurance in
this Commonwealth shall become members of the bureau. Such
insurers shall report to the bureau all relevant information on
suspected fraudulent claims as provided for in section 1822
(relating to reports).
§ 1824. Organization, reports and fees.
The bureau shall file with the Insurance Department an annual
report listing all insurance companies which are members of the
bureau for purposes of complying with this subchapter. The
bureau shall be organized, maintained and funded by member
insurers. Information reported to the bureau shall be made
available to law enforcement officials, any insurer licensed to
write motor vehicle insurance in this Commonwealth, the
Insurance Department and any similar bureau upon request,
provided that an appropriate fee may be charged if the request
for such information is made by an insurer that is not a member
of the bureau or the request is made by another index bureau.
§ 1825. Use of information.
Information collected pursuant to this chapter shall only be
used by insurers and law enforcement officials for the detection
and prosecution of fraud or abuse, and insurers may not use this
information for underwriting purposes.
§ 1826. Annual reports.
On or before July 1, 1991, and on or before July 1 of each
year thereafter, the bureau, on behalf of member insurers, shall
file with the commissioner an annual report on the nature and
effect of motor vehicle insurance fraud in this Commonwealth.
The report shall present statistical data on fraud in this
Commonwealth. The commissioner may prescribe by regulation the
content of the report.]
§ 1821. Membership in system.
(a) General rule.--Each motor vehicle insurer shall, as a
condition of authority to transact the business of insurance in
this Commonwealth, obtain and maintain membership in one or more
comprehensive database systems for the purpose of reporting and
accessing motor vehicle insurance claims data and information.
(b) Requirements for selection.--Any comprehensive database
system selected for membership by a motor vehicle insurer shall
meet the following minimum qualifications:
(1) Have and maintain a computerized database.
(2) Have and maintain the capacity to interact with
other comprehensive database systems or have and maintain a
substantial insurer membership.
(3) Have the ability to service the insurance industry,
insurance regulators or law enforcement authorities on an
interstate basis.
(c) Claims information.--Each motor vehicle insurer shall
report and access data and information relating to motor vehicle
insurance claims to its comprehensive database systems in
accordance with the systems' reporting procedures.
(d) Availability to law enforcement officials.--Any data and
information reported to a comprehensive database system may be
made available to law enforcement officials.
(e) Payment of expenses.--Each motor vehicle insurer shall
be liable for its share of expenses incurred by any
Pennsylvania-specific data index of which the insurer was a
member prior to the effective date of this act.
[§ 1827] § 1822. Warning notice on application for insurance
and claim forms.
Not later than May 1, 1990, all applications for insurance,
renewals and claim forms shall contain a statement that clearly
states in substance the following:
Any person who knowingly and with intent to injure or
defraud any insurer files an application or claim
containing any false, incomplete or misleading
information shall, upon conviction, be subject to
imprisonment for up to seven years and payment of a fine
of up to $15,000.
[§ 1828] § 1823. Rules and regulations.
The department may promulgate such rules and regulations as
may be necessary to carry out this chapter.
[§ 1829] § 1824. Civil immunity.
No person shall be subject to civil liability for libel,
violation of privacy or otherwise by virtue of the filing of
reports or furnishing of other information in good faith and
without malice required by this subchapter.
Section 8. Section 1918 of Title 75 is amended to read:
§ 1918. School buses and school vehicles.
The annual fee for registration of a school bus or school
vehicle shall be $24.
Section 9. Title 75 is amended by adding sections to read:
§ 1926.2. Fleet owner transporter plate.
The annual fee for a fleet owner transporter plate shall be
the appropriate fee specified in section 1912 (relating to
passenger cars), 1916 (relating to trucks and truck tractors) or
1920(a) (relating to trailers).
§ 1933. Commercial implements of husbandry.
The annual fee for registration of a commercial implement of
husbandry shall be $51 or one-half of the regular fee, whichever
is greater.
Section 10. Section 2105(a) of Title 75 is amended by adding
a paragraph to read:
§ 2105. Exemptions.
(a) General rule.--The requirements of this chapter and
Chapter 96 (relating to motor carriers road tax) do not apply to
the following vehicles:
* * *
(10) A commercial implement of husbandry.
* * *
Section 11. Section 3354(d)(3) of Title 75 is amended to
read:
§ 3354. Additional parking regulations.
* * *
(d) Handicapped persons and disabled veterans.--
* * *
(3) (i) Except for persons parking vehicles lawfully
bearing a handicapped or severely disabled veteran
registration plate or displaying a handicapped or
severely disabled veteran parking placard when such
vehicles are being operated by or for the transportation
of a handicapped person or a severely disabled veteran,
no person shall park a vehicle on public or private
property reserved for a handicapped person or severely
disabled veteran which property has been so posted in
accordance with departmental regulations[.] which shall
require a sign stating the penalty amount indicated in
subsection (f), a sign indicating that vehicles in
violation of the subsection may be towed and require that
signs be replaced when they become either obsolete or
missing with all costs to replace the necessary signs to
be borne by the persons responsible for signing the
particular location. Any vehicle which is unlawfully
parked in a designated handicapped parking area may be
removed from that area by towing and may be reclaimed by
the vehicle owner upon payment of the towing costs.
(ii) Local authorities shall have the power and may,
by ordinance or resolution, authorize handicapped persons
and severely disabled veterans to issue statements to
violators or violating vehicles for violation of
subparagraph (i). The form of the statement shall be as
prescribed by the local authorities.
* * *
Section 12. Section 3731(a) of Title 75 is amended and the
section is amended by adding a subsection to read:
§ 3731. Driving under influence of alcohol or controlled
substance.
(a) Offense defined.--A person shall not drive, operate or
be in actual physical control of the movement of any vehicle
[while]:
(1) while under the influence of alcohol to a degree
which renders the person incapable of safe driving;
(2) while under the influence of any controlled
substance, as defined in the act of April 14, 1972 (P.L.233,
No.64), known as ["]The Controlled Substance, Drug, Device
and Cosmetic Act,["] to a degree which renders the person
incapable of safe driving;
(3) while under the combined influence of alcohol and
any controlled substance to a degree which renders the person
incapable of safe driving; [or]
(4) while the amount of alcohol by weight in the blood
of the person is 0.10% or greater[.]; or
(5) if the amount of alcohol by weight in the blood of
the person is 0.10% or greater at the time of a chemical test
of a sample of the person's breath, blood or urine, which
sample is:
(i) obtained within three hours after the person
drove, operated or was in actual physical control of the
vehicle; or
(ii) if the circumstances of the incident prevent
collecting the sample within three hours, obtained within
a reasonable additional time after the person drove,
operated or was in actual physical control of the
vehicle.
(a.1) Defense.--It shall be a defense to a prosecution under
subsection (a)(5) if the person proves by a preponderance of
evidence that the person consumed alcohol after the last
instance in which he drove, operated or was in actual physical
control of the vehicle and that the amount of alcohol by weight
in his blood would not have exceeded 0.10% at the time of the
test but for such consumption.
* * *
Section 13. Sections 4303(e), 4306, 4502(d), 4529(a), 4534,
4535(c), 4536 and 4571(b) and (e) of Title 75 are amended to
read:
§ 4303. General lighting requirements.
* * *
(e) Equipment exempted by regulation.--Antique motor
vehicles, animal-drawn vehicles, implements of husbandry,
commercial implements of husbandry and special mobile equipment,
if operated exclusively between the hours of sunrise and sunset
and not during periods of reduced visibility or insufficient
illumination, may be exempted from certain lighting equipment
requirements of this part by regulations of the department.
* * *
§ 4306. Use of multiple-beam road lighting equipment.
(a) Approaching an oncoming vehicle.--Whenever the driver of
a vehicle approaches an oncoming vehicle within 500 feet, the
driver shall use the low beam of light.
(b) Approaching a vehicle from rear.--Whenever the driver of
a vehicle approaches another vehicle from the rear within 300
feet, the driver shall use the low beam of light.
(c) Exception.--A police or sheriff vehicle which is
equipped with a flashing headlamp system that conforms to
regulations promulgated by the department shall be exempt from
the provisions of this section only when the vehicle is being
used pursuant to the provisions of section 4571(e) (relating to
visual and audible signals on emergency vehicles).
§ 4502. General requirements for braking systems.
* * *
(d) Exceptions.--This section does not apply to towed
instruments of husbandry and such items or types of special
mobile equipment or commercial implements of husbandry as are
specifically exempted from compliance by regulations promulgated
by the department.
§ 4529. Slow moving vehicle emblem.
(a) General rule.--All implements of husbandry, commercial
implements of husbandry and special mobile equipment designed to
operate at 25 miles per hour or less and all animal-drawn
vehicles shall, when traveling on a highway, display on the rear
of the vehicle a reflective slow moving vehicle emblem as
specified in regulations of the department. The use of the slow
moving vehicle emblem shall be in addition to any other lighting
devices or equipment required by this title.
* * *
§ 4534. Rearview mirrors.
No person shall operate a motor vehicle or combination on a
highway unless the vehicle or combination is equipped with at
least one mirror, or similar device, which provides the driver
an unobstructed view of the highway to the rear of the vehicle
or combination. This section shall not apply to any special
mobile equipment, commercial implement of husbandry or implement
of husbandry that is not so equipped by the original
manufacturer.
§ 4535. Audible warning devices.
* * *
(c) Exceptions.--This section shall not apply to any special
mobile equipment, commercial implement of husbandry or implement
of husbandry that is not so equipped by the original
manufacturer.
§ 4536. Bumpers.
No person shall operate any vehicle upon a highway without
bumpers of a type specified by regulations of the department in
both the front and rear unless the vehicle was originally
designed and manufactured to be used without bumpers. This
section shall not apply to any special mobile equipment,
commercial implement of husbandry or implement of husbandry that
is not so equipped by the original manufacturer.
§ 4571. Visual and audible signals on emergency vehicles.
* * *
(b) Police, sheriff, fire and coroner or medical examiner
vehicles.--
(1) Police, sheriff, coroner, medical examiner or fire
police vehicles may in addition to the requirements of
subsection (a) be equipped with revolving or flashing blue
lights. The combination of red and blue lights may be used
only on police, sheriff, coroner, medical examiner or fire
police vehicles.
(2) Unmarked police and sheriff vehicles, used as
emergency vehicles and equipped with audible warning systems,
may be equipped with the lights described in this section.
(3) Police, sheriff and fire vehicles may be equipped
with a mounted rack containing one or more emergency warning
lights or side mounted floodlights or alley lights or all
such lights.
* * *
(e) Authorized period of use.--The lights and warning
systems specified by this section may be used only during an
emergency or in the interest of public safety and by police
officers, sheriffs and deputy sheriffs in enforcement of the
law. An ambulance which is transporting a patient may use either
the lights or the audible warning system, or both, as determined
by the driver of the ambulance.
* * *
Section 14. Section 4703(b) of Title 75 is amended by adding
a paragraph to read:
§ 4703. Operation of vehicle without official certificate of
inspection.
* * *
(b) Exceptions.--Subsection (a) does not apply to:
* * *
(12) Commercial implements of husbandry.
* * *
Section 15. Section 4704(g) of Title 75 is amended to read:
§ 4704. Inspection by police or Commonwealth personnel.
* * *
(g) Limitations.--Farm trucks not required to be registered,
implements of husbandry, commercial implements of husbandry and
special mobile equipment shall not be subject to the systematic
vehicle inspections authorized under subsection (a).
Section 16. Title 75 is amended by adding a section to read:
§ 4733. Prohibited provision.
(a) General rule.--It shall be unlawful for any agreement to
contain a provision requiring the operation of a retail motor
vehicle fuel station during those hours that are proven by a
retail motor vehicle fuel station owner or operator to be
unprofitable to such owner or operator.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Agreement." A contract or lease, or combination of both, or
other terminology used to describe a contractual relationship
between any or all of the following parties: a refiner, a
distributor and a retail motor vehicle fuel station owner or
operator.
"Distributor." A person who purchases motor vehicle fuel
from a refiner for the purpose of resale to a retail motor
vehicle fuel station.
"Refiner." A manufacturer of motor vehicle fuel.
"Retail motor vehicle fuel station." A place of business
where motor vehicle fuel is sold and dispensed into the tanks of
motor vehicles, either by means of a self-service or full-
service pump.
Section 17. Section 4905(e) of Title 75 is amended to read:
§ 4905. Safety requirements for towed vehicles.
* * *
(e) Obstructed lighting equipment.--Whenever the rear
running lights, stop lights, turn signals or hazard warning
lights required by the provisions of Chapter 43 (relating to
lighting equipment) are obstructed by the load on a vehicle or
by a towed vehicle or its load, lighting equipment shall be
displayed on the rear of the towed vehicle or load equivalent to
the obstructed lights or signals, except in the case of
implements of husbandry or commercial implements of husbandry
displaying the slow-moving vehicle emblem and operating between
sunrise and sunset.
Section 18. Section 4921(b) of Title 75 is amended by adding
a paragraph to read:
§ 4921. Width of vehicles.
* * *
(b) Special vehicles.--
* * *
(6) Commercial implements of husbandry not exceeding 10
feet 8 inches in width may be driven, hauled or towed between
sunrise and sunset on highways other than freeways.
* * *
Section 19. Section 4971 of Title 75 is amended to read:
[§ 4971. Permit for operation of chemical and fertilizer
vehicles.
A permit may be issued for a period of 45 consecutive days
authorizing the operation in the Commonwealth of any vehicle
registered in another state which is used for the transportation
and application of chemicals and fertilizer.]
Section 20. Title 75 is amended by adding a section to read:
§ 6312. Liquor or malt or brewed beverages.
(a) General rule.--In an action or proceeding under this
title or as provided in subsection (b) in which a material
element of the offense is that a substance is liquor or a malt
or brewed beverage, all of the following apply:
(1) Chemical analysis is not required to prove that the
substance is liquor or a malt or brewed beverage.
(2) Circumstantial evidence is sufficient to prove that
the substance is liquor or a malt or brewed beverage.
(b) Evidence presented by defendant.--Notwithstanding
subsection (a), nothing shall prevent a defendant from
presenting evidence that the substance is not liquor or a malt
or brewed beverage.
(c) Applicability.--The provisions of subsection (a) shall
apply to proceedings under Titles 18 (relating to crimes and
offenses) and 42 (relating to judiciary and judicial procedure)
and under the act of April 12, 1951 (P.L.90, No.21), known as
the Liquor Code.
Section 21. Sections 7134(e) and 7309(a) of Title 75 are
amended to read:
§ 7134. Odometer disclosure requirements.
* * *
(e) Exemptions.--A transfer of any of the following types of
motor vehicles is exempt from the requirements of this section:
(1) A motor vehicle having a registered gross weight of
more than 16,000 pounds.
(2) A motor vehicle [25] 10 years or older.
(3) An implement of husbandry.
(4) Special mobile equipment.
(5) A commercial implement of husbandry.
§ 7309. Salvaging of vehicles valueless except for salvage.
(a) Application for certificate of salvage.--If an abandoned
vehicle is valueless except for salvage, the salvor shall note
that fact in the report to the department required in section
7304 (relating to reports to department of possession of
abandoned vehicles) and shall apply for issuance of a
certificate of [junk] salvage as provided for in section 1117
(relating to vehicle destroyed, dismantled, salvaged or
recycled).
* * *
Section 22. This act shall take effect as follows:
(1) The amendment or addition of 75 Pa.C.S. §§ 1801,
1812, 1817, 1821, 1822, 1823, 1824, 1825, 1826 and 1933 shall
take effect immediately.
(2) The remainder of this act shall take effect in 60
days.
APPROVED--The 18th day of December, A. D. 1992.
ROBERT P. CASEY
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