PRIOR PRINTER'S NO. 2900 PRINTER'S NO. 2982
No. 2165 Session of 2001
INTRODUCED BY GEIST, NOVEMBER 19, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 3, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for the issuance and renewal of
3 resident and nonresident commercial drivers' licenses; AND <--
4 PROVIDING FOR PENNSYLVANIA STATE POLICE DUTIES REGARDING
5 TOWING.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 1608 and 1610(c) and (e) of Title 75 of
9 the Pennsylvania Consolidated Statutes are amended to read:
10 § 1608. Nonresident CDL.
11 [(a) Issuance of nonresident CDL.--The department may issue
12 a nonresident CDL to a resident of a foreign jurisdiction if the
13 United States Secretary of Transportation has determined that
14 the commercial motor vehicle testing and licensing standards in
15 the foreign jurisdiction do not meet the testing standards
16 established in Federal regulations.
17 (1) The word "nonresident" shall appear on the face of
18 the nonresident CDL.
1 (2) An applicant shall surrender any nonresident CDL
2 issued by another state.
3 (3) Prior to issuing a nonresident CDL, the department
4 shall establish the practical capability of revoking,
5 suspending or canceling the nonresident CDL and disqualifying
6 the commercial motor vehicle driving privilege of that
7 person.
8 (b) Other provisions applicable.--All provisions of this
9 chapter applicable to the commercial driver's license for a
10 resident of this Commonwealth, except the residency requirement,
11 and all provisions of this title applicable to drivers' licenses
12 shall be applicable to a nonresident CDL.]
13 The department shall have no authority to issue or renew a
14 nonresident CDL.
15 § 1610. Commercial driver's license.
16 * * *
17 (c) Applicant fingerprint and record check.--Before issuing
18 or renewing a commercial driver's license, the department shall
19 [obtain]:
20 (1) Require the applicant AN APPLICANT FOR AN H, N OR X <--
21 ENDORSEMENT to submit a complete set of fingerprints taken by
22 the Pennsylvania State Police or a municipal police
23 department.
24 (2) Obtain driving record information through the
25 Commercial Driver's License Information System and the
26 National Driver Register.
27 (3) Require all CDL-approved applicants with H, N or X
28 classifications, endorsements or restrictions to undergo a
29 criminal background check.
30 * * *
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1 (e) License renewal procedures.--When applying for renewal
2 of a commercial driver's license, the applicant must complete
3 the application form required by section 1609(a) (relating to
4 application for commercial driver's license) and the records
5 check under subsection (c), providing current and valid
6 information and required certifications. If the applicant wishes
7 to retain a hazardous materials endorsement, the English version
8 of the written test for a hazardous materials endorsement must
9 be taken and passed.
10 * * *
11 SECTION 2. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ: <--
12 § 3709.1. PENNSYLVANIA STATE POLICE DUTIES REGARDING TOWING.
13 WHEN A PENNSYLVANIA STATE POLICE OFFICER RESPONDS TO AN
14 EMERGENCY SITUATION REQUIRING THE REMOVAL OF VEHICLES OR OTHER
15 DEBRIS FROM THE ACCIDENT SCENE, THE OFFICER MAY CALL ANY TOWING
16 COMPANY THAT HE OR SHE BELIEVES IS CAPABLE OF COMPLETING THE
17 NECESSARY WORK IF THE OFFICER DETERMINES AFTER REASONABLE
18 INVESTIGATION THAT THERE WILL BE AN UNREASONABLE DELAY IN THE
19 RESPONSE TIME LEADING TO SERIOUS PUBLIC DANGER IF THE ACCIDENT
20 IS NOT REMOVED IMMEDIATELY.
21 Section 2 3. This act shall take effect immediately. <--
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