Regular Session 2021-2022 House Bill 1410 P.N. 2613

SENATE AMENDED

PRIOR PRINTER'S NOS. 1519, 1883

PRINTER'S NO. 2613

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1410

Session of

2021

INTRODUCED BY FEE, SMITH, BROOKS, PICKETT, DIAMOND, WHEELAND,

JAMES, RYAN, HICKERNELL, ZIMMERMAN, MENTZER, JONES,

B. MILLER, MILLARD, KEEFER, HERRIN, GILLEN, SCHLOSSBERG,

A. DAVIS AND MULLINS, MAY 14, 2021

SENATOR LANGERHOLC, TRANSPORTATION, IN SENATE, AS AMENDED,

JANUARY 19, 2022

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

(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.

establish standards for the program in order to meet the needs

of this Commonwealth and conform with weigh station

20210HB1410PN2613 - 2 -

<--

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 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 and be accessible by a

wide range of in-cab commercial radio services network

devices.

(b) Additional equipment.--Installation of additional

equipment within or adjacent to a roadway shall not be required

for the purpose of communication with devices operating within

the preclearance system under subsection (a).

(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

20210HB1410PN2613 - 3 -

<--

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(c) 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.

20210HB1410PN2613 - 4 -

<--