PRINTER'S NO.  823

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

737

Session of

2009

  

  

INTRODUCED BY HICKERNELL, CUTLER, DENLINGER, GIBBONS, GINGRICH, GRUCELA, HARRIS, HESS, M. KELLER, MILLARD, PICKETT, ROAE, SIPTROTH, STERN, TRUE AND VULAKOVICH, MARCH 5, 2009

  

  

REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 5, 2009  

  

  

  

AN ACT

  

1

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

2

Statutes, further providing for vehicles exempt from

3

registration, for use of farm vehicle plates, for general

4

lighting requirements, for requirement for periodic

5

inspection of vehicles, for operation of vehicle without

6

official certificate of inspection, for safety requirements

7

for towed vehicles and for width of vehicles.

8

The General Assembly of the Commonwealth of Pennsylvania

9

hereby enacts as follows:

10

Section 1.  Section 1302(2) and (10) of Title 75 of the

11

Pennsylvania Consolidated Statutes are amended to read:

12

§ 1302.  Vehicles exempt from registration.

13

The following types of vehicles are exempt from registration:

14

* * *

15

(2)  Any implement of husbandry[, trailer or semitrailer

16

determined by the department to be] and any trailer or

17

semitrailer towed or hauled by a farm vehicle or implement of

18

husbandry, provided that the implement of husbandry, trailer

19

or semitrailer is used exclusively for agricultural

20

operations and only infrequently operated upon highways.

 


1

Vehicles exempt from registration under this paragraph shall

2

be used exclusively upon a farm or farms owned or operated by

3

the owner of the vehicle or upon highways [between] as

4

subject to the following limitations:

5

[(i)  Parts of one such farm.

6

(ii)  Such farms located not more than 25 miles

7

apart.

8

(iii)  Such farm or farms and a place of business

9

located within a radius of 25 miles from such farm or

10

farms for the purpose of buying or selling agricultural

11

commodities or supplies or for delivery, repair or

12

servicing of the vehicle.]

13

(i)  For an implement of husbandry or for a trailer

14

or semitrailer being towed or hauled by an implement of

15

husbandry between:

16

(A)  Parts of one such farm.

17

(B)  Such farms located not more than 25 miles

18

apart.

19

(C)  Such farm or farms and a place of business

20

located within a radius of 25 miles from such farm or

21

farms for the purpose of buying or selling

22

agricultural commodities or supplies or for delivery,

23

repair or servicing of the vehicle.

24

(ii)  For a trailer or semitrailer being towed or

25

hauled by a farm vehicle exempt from registration under

26

paragraph (10), the areas that the towing or hauling

27

vehicle is authorized to be driven.

28

(iii)  For a trailer or semitrailer being towed or

29

hauled by a farm vehicle bearing farm vehicle

30

registration plates under section 1344 (relating to use

- 2 -

 


1

of farm vehicle plates) between:

2

(A)  Such farms located not more than 50 miles

3

apart.

4

(B)  Such farm or farms and a place of business

5

located within a radius of 50 miles from such farm or

6

farms for the purpose of buying or selling

7

agricultural commodities or supplies or for repairing

8

or servicing the vehicle.

9

* * *

10

(10)  Any farm vehicle used exclusively upon a farm or

11

farms owned or operated by the owner of the vehicle.

12

[(i)  Type I--Such a farm vehicle which does not

13

qualify as a motor carrier vehicle may be driven upon

14

highways only from sunrise to sunset. However, a farm

15

vehicle which qualifies as a motor carrier vehicle and

16

displays a currently valid certificate of inspection may

17

be driven upon highways without any restriction as to

18

time. Such a farm vehicle may only be driven on highways

19

between:]

20

(i)  Type A--Such a farm vehicle which does not

21

qualify as a motor carrier vehicle may be driven on

22

highways only from sunrise to sunset and between:

23

(A)  Parts of one such farm.

24

(B)  Such farms located not more than 25 miles

25

apart.

26

(C)  Such farm or farms and a place of business

27

located within a radius of 25 miles from such farm or

28

farms for the purpose of buying or selling

29

agricultural commodities or supplies.

30

(D)  Such farm or farms and a place of business

- 3 -

 


1

located within a radius of 50 miles from such farm or

2

farms for the purpose of repair or servicing of the

3

farm vehicle[.] or the trailer or semitrailer being

4

towed or hauled by the farm vehicle.

5

[(ii)  Type II--] (ii)  Type B--Such a farm vehicle

6

which does qualify as a motor carrier vehicle and

7

displays a currently valid certificate of inspection may

8

be driven without any restriction as to time but may only

9

be driven on highways between:

10

(A)  Parts of one such farm.

11

(B)  Such farms located not more than 50 miles

12

apart.

13

(C)  Such farm or farms and a place of business

14

located within a radius of 50 miles from such farm or

15

farms for the purpose of buying or selling

16

agricultural commodities or supplies or for repair or

17

servicing of the farm vehicle or the trailer or

18

semitrailer being towed or hauled by the farm

19

vehicle.

20

(iii)  Type C--Such a farm vehicle which does qualify

21

as a motor carrier vehicle and which does not display a

22

currently valid certificate of inspection may be driven

23

upon highways only from sunrise to sunset and between:

24

(A)  Parts of one such farm.

25

(B)  Such farms located not more than ten miles

26

apart.

27

(C)  Such farm or farms and a place of business

28

located within a radius of ten miles from such farm

29

or farms for the purpose of buying or selling

30

agricultural commodities or supplies.

- 4 -

 


1

(D)  Such farm or farms and a place of business

2

located within a radius of 25 miles from such farm or

3

farms for the purpose of repair or servicing of the

4

farm vehicle or the trailer or semitrailer being

5

towed or hauled by the farm vehicle.

6

[(iii)] (iv)  A biennial certificate of exemption

7

shall be required for such a farm vehicle.

8

[(iv)] (v)  The owner of the farm vehicle shall

9

maintain such minimum levels of liability insurance

10

coverage on the vehicle as are required to be maintained

11

under Chapter 17 (relating to financial responsibility)

12

by owners of registered motor vehicles. The owner shall

13

satisfy the requirements of this subparagraph if the

14

minimum amounts of liability insurance coverage for the

15

farm vehicle have been provided under farm liability

16

insurance coverage maintained generally by the owner.

17

Coverage prescribed in Subchapter B of Chapter 17 shall

18

not be required to be maintained or provided for the farm

19

vehicle.

20

* * *

21

Section 2.  Section 1344 of Title 75 is amended by adding a

22

subsection to read:

23

§ 1344.  Use of farm vehicle plates.

24

* * *

25

(c)  Applicability of section 1301.--A truck or truck tractor

26

bearing current farm vehicle registration plates shall be deemed

27

to be duly registered for purposes of section 1301 (relating to

28

registration and certificate of title required), notwithstanding

29

the commission of any violation of this section.

30

Section 3.  Section 4303(e) of Title 75 is amended and the

- 5 -

 


1

section is amended by adding a subsection to read:

2

§ 4303.  General lighting requirements.

3

* * *

4

(e)  Equipment exempted [by regulation].--Antique motor

5

vehicles, animal-drawn vehicles, implements of husbandry,

6

commercial implements of husbandry and special mobile equipment,

7

if operated exclusively between the hours of sunrise and sunset

8

and not during periods of reduced visibility or insufficient

9

illumination, [may be exempted from certain lighting equipment

10

requirements of this part by regulations of the department.] are

11

exempted from the lighting equipment requirements of this part.

12

(e.1)  Certain trailers exempt.--Trailers and semitrailers

13

exempt from registration under section 1302(2) (relating to

14

vehicles exempt from registration), if operated exclusively

15

between the hours of sunrise and sunset and not during periods

16

of reduced visibility or insufficient illumination, are exempted

17

from the lighting equipment requirements of this part, with the

18

exception of the requirements under subsection (b).

19

* * *

20

Section 4.  Sections 4702(a), 4703(a), 4905(e) and 4921(b) of

21

Title 75 are amended to read:

22

§ 4702.  Requirement for periodic inspection of vehicles.

23

(a)  Annual safety inspection.--Except as provided in

24

subsection (b), the department shall establish a system of

25

annual safety inspection of vehicles, including emergency

26

vehicles, farm vehicles with a gross weight or gross vehicle

27

weight rating of greater than 17,000 pounds for which a [Type I]

28

Type B biennial certificate of exemption has been issued and

29

private noncommercial vehicles used to transport students.

30

* * *

- 6 -

 


1

§ 4703.  Operation of vehicle without official certificate of

2

inspection.

3

(a)  General rule.--Except as otherwise provided in this

4

section, no motor vehicle required to bear current registration

5

plates issued by this Commonwealth and no farm vehicle with a

6

gross weight or gross vehicle weight rating of greater than

7

17,000 pounds for which a [Type I] Type B biennial certificate

8

of exemption has been issued shall be driven and no trailer

9

required to bear current registration plates issued by this

10

Commonwealth shall be moved on a highway and no mass transit

11

vehicle shall be operated unless the vehicle displays a

12

currently valid certificate of inspection issued under this

13

chapter.

14

* * *

15

§ 4905.  Safety requirements for towed vehicles.

16

* * *

17

(e)  Obstructed lighting equipment.--Whenever the rear

18

running lights, stop lights, turn signals or hazard warning

19

lights required by the provisions of Chapter 43 (relating to

20

lighting equipment) are obstructed by the load on a vehicle or

21

by a towed vehicle or its load, lighting equipment shall be

22

displayed on the rear of the towed vehicle or load equivalent to

23

the obstructed lights or signals, except in the case of

24

implements of husbandry or commercial implements of husbandry

25

displaying the slow-moving vehicle emblem [and] or in the case

26

of a farm vehicle hauling or towing a trailer or semitrailer

27

exempt from registration under section 1302(2) (relating to

28

vehicles exempt from registration), if the hauling or towing

29

vehicle is operating between sunrise and sunset.

30

* * *

- 7 -

 


1

§ 4921.  Width of vehicles.

2

* * *

3

(b)  Special vehicles.--

4

(1)  Any implement of husbandry or vehicle loaded with

5

vegetable produce or forage crops and not exceeding 11 feet

6

in width may be driven, hauled or towed between sunrise and

7

sunset on highways other than freeways.

8

(2)  Any implement of husbandry not exceeding [14 feet 6

9

inches] 16 feet in width may be driven, hauled or towed

10

between sunrise and sunset on highways other than freeways:

11

(i)  Between parts of one farm owned or operated by

12

the owner of the implement of husbandry.

13

(ii)  Between farms owned or operated by the owner of

14

the implement of husbandry located not more than 50 miles

15

apart.

16

(iii)  Between:

17

(A)  farms; or

18

(B)  a farm owned or operated by a farmer and a

19

place of business of a mechanic or dealer in

20

implements of husbandry;

21

located not more than 150 miles away for the

22

purpose of buying, selling, trading, loaning and

23

leasing, demonstrating, repairing or servicing the

24

implement of husbandry.

25

The width allowance under this paragraph shall not apply to

26

an implement of husbandry exceeding 14 feet 6 inches unless

27

the implement is equipped with reflective edgemarks on the

28

front and rear and is operating vehicular hazard lamps that

29

are equipped in accordance with the regulations of the

30

department and is preceded by a pilot vehicle that is

- 8 -

 


1

operating vehicular hazard lamps and is displaying a "wide

2

vehicle" sign on the front of the vehicle.

3

(2.1)  Any implement of husbandry not exceeding 14 feet 6

4

inches in width may be driven, hauled or towed between sunset

5

and sunrise on highways other than freeways:

6

(i)  Between parts of one farm owned or operated by

7

the owner of the implement of husbandry.

8

(ii)  Between farms owned or operated by the owner of

9

the implement of husbandry located not more than 50 miles

10

apart.

11

(iii)  Between:

12

(A)  farms; or

13

(B)  a farm owned or operated by a farmer and a

14

place of business of a mechanic or dealer in

15

implements of husbandry;

16

located not more than 150 miles away for the

17

purpose of buying, selling, trading, loaning and

18

leasing, demonstrating, repairing or servicing the

19

implement of husbandry.

20

The width allowance provided under this paragraph shall not

21

apply to an implement of husbandry exceeding 11 feet unless

22

the implement is equipped with reflective edgemarks on the

23

front and rear and is operating vehicular hazard lamps that

24

are equipped in accordance with the regulations of the

25

department and is followed by a pilot vehicle that is

26

operating vehicular hazard lamps and is displaying a "wide

27

vehicle" sign on the rear of the vehicle.

28

(3)  Special mobile equipment not exceeding nine feet two

29

inches in width may be driven, hauled or towed between

30

sunrise and sunset on highways other than freeways.

- 9 -

 


1

(4)  The department may regulate the operation of special

2

vehicles subject to this subsection which regulations may

3

prohibit the operation of special vehicles on certain days or

4

during certain hours.

5

(5)  An implement of husbandry or vehicle used

6

exclusively for highly perishable crops for processing and

7

not exceeding 14 feet 6 inches in width may be operated on

8

highways other than freeways [between sunset and sunrise only

9

during the period of May 20 to October 15]. The implement or

10

vehicle, when used at this time, shall have two rotating

11

yellow beacons and vehicular hazard signal lamps operating.

12

(6)  Commercial implements of husbandry not exceeding [12

13

feet] 14 feet 6 inches in width, including wheels and tires,

14

may be driven, hauled or towed between sunrise and sunset on

15

highways other than freeways.

16

* * *

17

Section 5.  This act shall take effect in 60 days.

- 10 -