2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 90 - VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS AND REPEALS

Session of 2022

No. 2022-90

 

SB 1094

 

AN ACT

 

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in registration of vehicles, providing for apportioned registration renewal; in commercial drivers, further providing for commercial driver's license; in miscellaneous provisions, repealing provisions relating to snow and ice dislodged or falling from moving vehicle and providing for snow and ice; and, in motor carrier safety, repealing provisions relating to findings and declaration of policy and further providing for definitions and for Motor Carrier Safety Advisory Committee.

 

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

 

Section 1.  Title 75 of the Pennsylvania Consolidated Statutes is amended by adding a section to read:

§ 1309.1.  Apportioned registration renewal.

The department shall establish a system of staggered apportioned registration renewal in a manner that apportioned registrations will expire in no less than four periods throughout the year. In order to implement and maintain the staggered apportioned registration system, the department may prorate annual apportioned registration fees.

Section 2.  Section 1610(c)(1) of Title 75 is amended to read:

§ 1610.  Commercial driver's license.

* * *

(c)  Applicant record check.--

(1)  Before issuing, renewing, upgrading or transferring a commercial driver's license, the department shall obtain driving record information through the Commercial Driver's License Information System, the Drug and Alcohol Clearinghouse and the National Driver Register.

* * *

Section 3.  Section 3720 of Title 75 is repealed:

[§ 3720.  Snow and ice dislodged or falling from moving vehicle.

When snow or ice is dislodged or falls from a moving vehicle and strikes another vehicle or pedestrian causing death or serious bodily injury, the operator of the vehicle from which the snow or ice is dislodged or falls shall be subject to a fine of not less than $200 nor more than $1,000 for each offense.]

Section 4.  Title 75 is amended by adding a section to read:

§ 3721.  Snow and ice.

(a)  Removal of snow and ice from a motor vehicle or motor carrier vehicle.--

(1)  Except as otherwise provided in this section, a driver of a motor vehicle or motor carrier vehicle being operated on a highway of this Commonwealth shall make reasonable efforts to remove accumulated ice or snow from the motor vehicle or motor carrier vehicle, including the hood, trunk and roof of the motor vehicle or motor carrier vehicle, within 24 hours after the cessation of the falling snow or ice.

(2)  Paragraph (1) shall not apply if:

(i)  the driver of the motor carrier vehicle, mass transit vehicle, bus or school bus is en route to a facility to remove accumulated ice or snow at the time of the stop under paragraph (3); or

(ii)  compliance with this section would cause the driver of the motor carrier vehicle, mass transit vehicle, bus or school bus to violate any other Federal or State law or regulation regarding workplace safety or would be a threat to the health and safety of the driver.

(3)  A driver of a motor vehicle or motor carrier vehicle who violates this subsection may be stopped on a highway by a police officer if the police officer believes the accumulated ice or snow may pose a threat to persons or property.

(4)  A driver of a motor vehicle or motor carrier vehicle who violates this subsection shall be subject to a fine of $50 for each offense regardless of whether any snow or ice is dislodged from the vehicle.

(b)  Dislodged or fallen snow or ice.--When snow or ice is dislodged or falls from a moving vehicle or motor carrier vehicle and strikes another vehicle or pedestrian causing death or serious bodily injury, the operator of the vehicle from which the snow or ice is dislodged or falls shall be subject to a fine of not less than $200 nor more than $1,500 for each offense.

Section 5.  Section 7802 of Title 75 is repealed:

[§ 7802.  Findings and declaration of policy.

(a)  Findings.--It is hereby determined and declared as a matter of legislative findings that:

(1)  The operation of the motor carrier industry is a vital part of the economic health of this Commonwealth by providing needed goods and services as well as job opportunities for many Pennsylvanians.

(2)  As more and more motor carriers share the road with other vehicles, public safety concerns continue to rise. The latest statistics from the National Highway Traffic Safety Administration indicate that on a national level, while trucks represent only 3% of vehicles on the road, they were involved in 13% of highway deaths in 1997 alone, and in the same year 444,000 large trucks were involved in crashes, killing 5,355 persons and injuring 133,000 more.

(3)  In order to promote the safety of this Commonwealth's highways and to best safeguard Pennsylvania residents and their property, it is essential to provide guidelines to ensure that motor carriers conduct their operations in a safe, responsible and professional manner.

(b)  Declaration of policy.--The purpose of this chapter is to promote the safe, responsible and professional operation of motor carriers within this Commonwealth.]

Section 6.  Section 7803 of Title 75 is amended by adding a definition to read:

§ 7803.  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:

* * *

"Motor carrier safety."  The safe movement of an individual or goods on highways that are transported by commercial motor vehicles as defined in section 1603 (relating to definitions).

Section 7.  Section 7804 of Title 75 is amended to read:

§ 7804.  Motor Carrier Safety Advisory Committee.

(a)  Creation.--There is hereby created a Motor Carrier Safety Advisory Committee which shall consist of the following [28] 31 members:

(1)  The Secretary of Transportation.

(2)  The Chairman of the Pennsylvania Public Utility Commission.

(3)  The Chairman of the Pennsylvania Turnpike Commission.

(4)  The Commissioner of the Pennsylvania State Police.

(5)  The Chairman and Minority Chairman of the Transportation Committee of the Senate.

(6)  The Chairman and Minority Chairman of the Transportation Committee of the House of Representatives.

(7)  [Twenty] Twenty-three members of the public representing the areas of concern specified who shall have extensive experience and knowledge of motor carrier transportation and safety activities throughout this Commonwealth, to be appointed by the Governor as follows:

(i)  One representative from the Pennsylvania Chamber of Business and Industry.

(ii)  One representative from the Pennsylvania Chiefs of Police Association.

(iii)  One representative from the Special Court Judges Association of Pennsylvania.

(iv)  Two persons representing the interests of independent truckers.

(v)  Two representatives from the Pennsylvania Motor Truck Association.

(vi)  [Two representatives from the Pennsylvania Truck Transportation Alliance] One representative from the Pennsylvania Manufactured Housing Association.

(vii)  One representative from the Pennsylvania AAA Federation.

(viii)  One representative from the Pennsylvania Public Transportation Association.

(ix)  One representative from the Pennsylvania Bus Association.

(x)  One representative from the Pennsylvania School Bus Association.

(xi)  One representative from the [Hardwood Lumber Manufacturers Association of Pennsylvania] Pennsylvania Forest Products Association.

(xii)  One person representing the interests of motor carrier drivers.

[(xiii)  One person representing the interests of bulk haulers.

(xiv)  One representative from the moving and storage industry in Pennsylvania.

(xv)  One representative from the petroleum industry in Pennsylvania.]

(xvi)  One representative from [a Class I Railroad] the railroad industry in Pennsylvania.

(xvii)  One person representing the interests of local government.

(xviii)  One person representing the interests of the motor carrier manufacturing industry.

(xix)  Six representatives from the transport industry, each representing one of the following areas:

(A)  Bulk products.

(B)  Moving and storage.

(C)  Petroleum.

(D)  Natural gas.

(E)  Coal.

(F)  Construction material transportation.

(a.1)  Specific vacancy.--If a position or vacancy under subsection (a)(7) is not filled by the appointing authority within 120 days of the opening or vacancy, the appointment shall be made by the President pro tempore of the Senate.

(b)  [Chairperson.--The Governor shall appoint one member of the committee as chairperson.] Officers.--The members of the committee shall annually elect a chairperson, vice chairperson[, a secretary and a treasurer] and secretary from among the public members appointed to the committee.

(c)  Designees.--Each member appointed under subsection (a)(1), (2), (3), (4), (5) and (6) may designate a representative to serve in his or her stead. A member who designates a representative shall notify the chairperson in writing of the designation.

(d)  Terms of appointees.--The terms of all members of the committee appointed by the Governor shall be for three years. Any member of the committee may be reappointed for an additional term or terms. [Any person appointed to fill a vacancy shall serve only for the unexpired term.] Each member shall serve until the appointment of a successor.

(e)  Meetings and expenses.--

(1)  The committee shall meet at least four times every 12 months but may hold such additional meetings as are called by the chairperson or by petition of at least six committee members.

(1.1)  The chairperson shall provide notice at least 14 days in advance for regular meetings and shall provide a minimum of three days' notice for special meetings.

(1.2)  A majority of the members shall constitute a quorum for the conduct of business. The secretary shall maintain a record of meeting attendance by members and shall provide written notice to appointed members who miss [two] three consecutive meetings. [Three] Four consecutive committee meeting absences by an appointed member shall be grounds for removal if affirmed by a majority vote of the committee.

(2)  Minutes of meetings shall be prepared by the secretary and filed with the committee and distributed to all members. All records shall be a matter of public record.

(3)  The public members of the committee shall be allowed actual, necessary and reasonable per diem expenses in accordance with regulations of the Executive Board. The department shall provide appropriate staff support to enable the committee to properly carry out its function.

(f)  Powers and duties.--The committee shall have the power and duty to assess, evaluate and recommend standards for the safe operation of motor carriers in this Commonwealth, including, but not limited to, the following objectives:

[(1)  Develop continuing education programs for first-year and second-year CDL drivers and consider incentive programs for drivers who undergo incremental safety training and testing throughout their driving careers.

(2)  Examine ways in which to increase and document motor carrier use of the Pennsylvania Turnpike, including the possibility of a fuel tax rebate or other incentives.

(3)  Study the feasibility of utilizing existing and developing technology relative to the electronic control mechanisms of motor carriers to aid in the enforcement of speed limits.

(4)  Develop a policy to address the dissemination of information among employers of CDL drivers relative to employee job performance and conduct in order to best protect the public from unsafe drivers.

(5)  Analyze the feasibility of instituting enhanced penalties for motor carrier moving violations and of utilizing the amount of the increase as a dedicated source of funding for the construction of security walls.

(6)  Provide a forum for the exchange of information on the problems associated with travel as passenger vehicles, motorcycles and motor carriers share the road systems and consider education initiatives aimed at the motoring public as well as the motor carrier industry.

(7)  Consider any other issue raised in relation to motor carrier operation and road safety that may arise from time to time.]

(8)  Study the feasibility of improving highway safety and freight transportation on highways and develop a policy periodically on the most pressing issues facing motor carrier safety.

(9)  Examine and recommend motor carrier safety initiatives for strategic plans of the department, the Pennsylvania Public Utility Commission and the Pennsylvania State Police.

(10)  Advise and comment on all phases of motor carrier safety activities being undertaken or financially assisted by the department and agencies of the Commonwealth.

(11)  With assistance from the department, provide advice and recommendations to businesses, manufacturers, educational institutions, technology developers, the motor carrier industry, labor communities and local governments related to motor carrier safety.

(12)  Develop and maintain a forum for the exchange of ideas, needs, objectives, plans and accomplishments related to motor carrier safety.

(g)  Reports.--The committee shall submit annual reports of its deliberations, conclusions and [suggestions] recommendations to the Governor [and], the Secretary of Transportation and members of the General Assembly.

Section 8.  This act shall take effect as follows:

(1)  This section shall take effect immediately.

(2)  The addition of 75 Pa.C.S. § 1309.1 shall take effect in 18 months.

(3)  The remainder of this act shall take effect in 60 days.

 

APPROVED--The 11th day of July, A.D. 2022.

 

TOM WOLF