2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 91 - VEHICLE CODE (75 PA.C.S.) - RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES, SECURING LOADS IN VEHICLES, WIDTH OF VEHICLES, PERMIT FOR MOVEMENT DURING COURSE OF MANUFACTURE AND PROMULGATION OF RULES AND REGULATIONS BY DEPARTMENT

Session of 2022

No. 2022-91

 

SB 1171

 

AN ACT

 

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in size, weight and load, further providing for restrictions on use of highways and bridges, for securing loads in vehicles, for width of vehicles and for permit for movement during course of manufacture; and, in powers of department and local authorities, further providing for promulgation of rules and regulations by department.

 

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

 

Section 1.  Section 4902(a)(5) of Title 75 of the Pennsylvania Consolidated Statutes is amended and the subsection is amended by adding a paragraph to read:

§ 4902.  Restrictions on use of highways and bridges.

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

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(2.1)  Government-owned vehicles, vehicles of local government agency contractors providing material for maintenance and department contractors engaged in or providing material for construction or maintenance shall be exempted from restrictions on the use of highways, except bridges, imposed under this subsection in accordance with department regulations. The following types of documents shall constitute evidence that a vehicle is traveling to or from a site in accordance with this paragraph:

(i)  A bill of lading.

(ii)  A shipping order.

(iii)  A service order or other document that indicates the address of the site and purpose of the trip.

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(5)  The exemptions and related requirements under paragraph (4) may remain in existence only until December 31, [2023] 2028. 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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Section 2.  Section 4903(c.2) of Title 75 is amended to read:

§ 4903.  Securing loads in vehicles.

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(c.2)  Load of baled garbage.--Garbage, municipal waste, waste, refuse or rubbish in a tightly compacted and baled form being transported through or within this Commonwealth shall be securely fastened to the vehicle and covered over all exposed areas by being placed within a woven bag or with a canvas cover or cover of a comparable type [which]. If a canvas cover or cover of a comparable type is used, the cover shall be securely attached to the underside of all sides of the truck, trailer or semitrailer [to prevent] by straps. A woven bag, canvas cover or cover of a comparable type shall have the purpose of preventing any of the material from the bales from escaping. No part of any bale shall be uncovered, except for inspection, at any time during transportation within or through this Commonwealth until arrival at the disposal site.

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Section 3.  Section 4921(b)(6) of Title 75 is amended and the subsection is amended by adding paragraphs to read:

§ 4921.  Width of vehicles.

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(b)  Special vehicles.--The following paragraphs determine widths for special vehicles, with each paragraph specifically controlling its own subject matter in the event of a conflict with another paragraph:

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(6)  [Commercial] Except as provided in paragraph (6.1), commercial implements of husbandry not exceeding 12 feet in width, including wheels and tires, may be driven, hauled or towed between sunrise and sunset on highways other than freeways.

(6.1)  A commercial implement of husbandry not exceeding 12 feet in width, including wheels and tires, may be driven between sunrise and sunset on a freeway, not including the Pennsylvania Turnpike or an interstate highway, subject to all of the following:

(i)  The commercial implement of husbandry is capable of reaching speeds of at least 40 miles per hour and maintains a speed of at least 40 miles per hour at all times when being driven on the freeway, unless otherwise required by this title.

(ii)  The tires on the commercial implement of husbandry have a speed rating from the manufacturer of at least 40 miles per hour.

(iii)  The commercial implement of husbandry is not driven for more than 30 miles on the freeway.

(iv)  The commercial implement of husbandry is equipped with one or more flashing or revolving yellow lights in a manner determined by the department.

(v)  The commercial implement of husbandry is driven only in the right lane of the freeway, unless as otherwise required by this title or required when exiting the freeway.

(vi)  The freeway has a maximum speed limit of 65 miles per hour at the locations on which the commercial implement of husbandry is being driven.

(vii)  The individual operating the commercial implement of husbandry is at least 18 years of age and has a valid driver's license.

(viii)  The commercial implement of husbandry is being driven to or from a farm, or farms, and the business location of the owner of the commercial implement of husbandry.

(ix)  The commercial implement of husbandry is covered by the minimum levels of liability insurance coverage on the vehicle as required under Chapter 17 by owners of registered motor vehicles.

(x)  The commercial implement of husbandry is followed by a vehicle with continuously activated hazard signal lamps.

(xi)  The height of the commercial implement of husbandry does not exceed the maximum height established in section 4922 (relating to height of vehicles), the length of the commercial implement of husbandry does not exceed the maximum length established in section 4923 (relating to length of vehicles) and the weight of the commercial implement of husbandry does not exceed the maximum weight established in section 4941 (relating to maximum gross weight of vehicles).

(xii)  The department has not prohibited the operation of a commercial implement of husbandry on the freeway in accordance with paragraph (6.2).

(6.2)  The department may prohibit the operation of a commercial implement of husbandry as authorized by paragraph (6.1) on the entirety or a portion of a freeway if the prohibition is needed to protect the safety of motorists.

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Section 4.  Section 4968(a.2)(10)(i) introductory paragraph and (ii) introductory paragraph of Title 75 are amended to read:

§ 4968.  Permit for movement during course of manufacture.

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(a.2)  Specifications.--

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(10)  A combination of vehicles which is hauling pulpwood or wood chips from a specified source to a pulp mill may be permitted by the department and local authorities to move upon specified highways within their respective jurisdictions subject to the following conditions:

(i)  The vehicle must be a minimum five-axle combination - three-axle truck tractor meeting the following characteristics:

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(ii)  The vehicle must be a minimum six-axle combination - three-axle truck tractor meeting the following characteristics:

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Section 5.  Section 6103(c)(1) of Title 75 is amended and the section is amended by adding a subsection to read:

§ 6103.  Promulgation of rules and regulations by department.

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(c)  Adoption of Federal statute, regulation, standard or criteria.--The department shall be authorized to adopt by reference any Federal statute, regulation, standard or criteria or provision thereof relating to vehicles or drivers, including, but not limited to, minimum driver qualifications, maximum hours of service, loading, unloading, hazardous materials, operation, equipment, records and inspection.

(1)  The department shall be authorized to extend the coverage of any Federal statute, regulation, standard or criteria adopted under this subsection to vehicles and drivers operating only in intrastate commerce, except as follows:

(iii)  No Federal statute, regulation, standard or criteria shall be extended to cover farm tractors or drivers of farm tractors, regardless of whether the farm tractor is operated as a combination.

(iv)  No Federal statute, regulation, standard or criteria shall be extended to cover implements of husbandry other than farm tractors, farm vehicles or drivers of these vehicles, regardless of whether the vehicle is operated as a combination, provided that:

(A)  the vehicle's or combination's gross weight, gross vehicle weight rating or gross combination weight rating does not equal or exceed 26,001 pounds;

(B)  the vehicle or combination is not carrying hazardous materials in an amount that requires the towing or towed vehicle to be placarded under Chapter 83 (relating to hazardous materials transportation); and

(C)  the vehicle or combination is not designed or used to transport 16 or more people, including the driver.

(v)  For purposes of [this paragraph] subparagraphs (iii) and (iv), the term "farm tractors" includes tractors designed for off-road agricultural use, combines, crop pickers, crop and forage harvesters, threshers, plows, tillers, planters, seeders, field sprayers, forage cutters, balers and similar vehicles that are infrequently operated or moved upon highways and that are used by a farmer in agricultural production.

(vi)  No Federal statute, regulation, standard or criteria shall be extended to cover a motor vehicle transporting property along a highway in this Commonwealth, regardless of whether the motor vehicle is operated as a combination, provided that all of the following criteria are met:

(A)  the vehicle's or combination's gross weight, gross vehicle weight rating or gross combination weight rating does not equal or exceed 26,001 pounds;

(B)  the vehicle or combination is not carrying hazardous materials in an amount that requires the towing or towed vehicle to be placarded under Chapter 83;

(C)  the vehicle or combination is not designed or used to transport 16 or more people, including the driver; and

(D)  the motor vehicle or combination is being used to transport property, including a vehicle, to or from an amateur competitive event, regardless of whether the motor vehicle or combination owner is sponsored for participation in the amateur competitive event.

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(f)  Definition.--As used in this section, the term "amateur competitive event" shall mean a competition, tournament or athletic event, including motorsports, where the competitors' participation is not the result of an employment contract that requires participation in the competitive event, notwithstanding the receipt of prize money or sponsorship.

Section 6.  This act shall take effect in 60 days.

 

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

 

TOM WOLF