2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 63 - WEIGH STATION PRECLEARANCE PROGRAM ACT - ENACTMENT

An Act

 

Establishing the Weigh Station Preclearance Program; and providing for criteria for preclearance system and devices and for data access.

 

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

 

Section 1.  Short title.

This act shall be known and may be cited as the Weigh Station Preclearance Program Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Preclearance system provider."  A provider of the preclearance system under section 4(a).

"Program."  The Weigh Station Preclearance Program established under section 3(a).

"Weigh station."  A roadside station where commercial vehicles are required to stop for weight and safety inspections by the Pennsylvania State Police.

Section 3.  Establishment and operation of program.

(a)  Establishment.--The following shall apply:

(1)  The Pennsylvania State Police shall establish the Weigh Station Preclearance Program in accordance with the commercial vehicle information systems and networks electronic screening truck inspection and weigh station preclearance standards authorized by the Federal Motor Carrier Safety Administration.

(2)  Any proposed infrastructure to be installed within the right-of-way of a State highway must be designed and constructed in accordance with standards from the Department of Transportation and the Pennsylvania Turnpike Commission, as applicable, and reviewed by the Department of Transportation and the Pennsylvania Turnpike Commission, as applicable, for approval prior to construction. All costs associated with the design, inspection, installation, maintenance and operation of the preclearance system shall be the responsibility of the preclearance system provider.

(b)  Operation.--The Pennsylvania State Police shall operate the program at each location where commercial vehicle enforcement is conducted. A preclearance system provider's devices and platform shall be used uniformly at each location where the program is operated in accordance with section 4.

(c)  Standards.--The Pennsylvania State Police shall establish standards for the program in order to meet the needs of this Commonwealth and conform with weigh station preclearance programs in other states, including standards regarding safety history credential status.

Section 4.  Criteria for preclearance system and devices.

(a)  Preclearance system.--The program shall be administered by a preclearance system. The preclearance system shall meet all of the following criteria:

(1)  The preclearance system shall be GPS based or infrastructure based and be able to be used at both fixed enforcement facilities and mobile or remote locations.

(2)  The preclearance system shall be broadly deployed across the United States for interstate operability purposes on the effective date of this section.

(b)  Software and hardware.--Computer software and hardware, including any infrastructure-based devices or technologies, that is necessary for the use of the preclearance system under subsection (a) shall be made available at no cost to the Pennsylvania State Police. The preclearance system provider shall be responsible for all costs of operating and maintaining the computer software and hardware. The computer software and hardware shall meet all of the following criteria:

(1)  The computer software and hardware shall meet the requirements of the Federal Motor Carrier Safety Administration for core compliance with the commercial vehicle information systems and networks electronic screening truck inspection and weigh station preclearance standards.

(2)  In-vehicle equipment shall be operated in compliance with applicable State law and regulations relating to hands-free devices and distracted driving.

(3)  Preclearance messaging shall be transmitted and received by the driver through electronic messaging within the cab of the commercial vehicle.

Section 5.  Data access.

The Pennsylvania State Police, the Department of Transportation and the Pennsylvania Turnpike Commission, as applicable, shall have unrestricted access to roadside event data provided by the preclearance system under section 4(a) as part of the program, including real-time event data and real-time sensor data.

Section 6.  Regulations.

The Pennsylvania State Police may establish policies, standards, rules and regulations as necessary to implement the provisions of this act, including authorized devices that meet the requirements under section 4(b) for use in the program.

Section 7.  Consultation.

The Pennsylvania State Police may consult with the Department of Transportation as necessary for the implementation of this act.

Section 8.  Effective date.

This act shall take effect in 180 days.