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                                                      PRINTER'S NO. 3162

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2212 Session of 2008


        INTRODUCED BY CONKLIN, MAHONEY, GEIST, HARKINS, READSHAW,
           PALLONE, D. O'BRIEN, HORNAMAN, KULA, KORTZ, SIPTROTH,
           SOLOBAY, J. WHITE, YOUNGBLOOD, GRUCELA, WOJNAROSKI, STABACK
           AND SWANGER, FEBRUARY 1, 2008

        REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 1, 2008

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for classes of licenses and
     3     requirement for commercial driver's license.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Sections 1504(d) and 1606(b) of Title 75 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 1504.  Classes of licenses.
     9     * * *
    10     (d)  Number and description of classes.--Licenses issued by
    11  the department shall be classified in the following manner:
    12         (1)  [Class A.--]A Class A license shall be issued to
    13     those persons 18 years of age or older who have demonstrated
    14     their qualifications to operate any combination of vehicles
    15     with a gross vehicle weight rating of 26,001 pounds or more,
    16     provided the gross vehicle weight rating of the vehicle or
    17     vehicles being towed is in excess of 10,000 pounds.


     1             (i)  The holder of a Class A license shall be deemed
     2         qualified to operate those vehicles for which a Class B
     3         or Class C license is issued.
     4             (ii)  Where required under this title, appropriate
     5         endorsements must be obtained.
     6         (2)  [Class B.--]A Class B license shall be issued to
     7     those persons 18 years of age or older who have demonstrated
     8     their qualifications to operate any single vehicle with a
     9     gross vehicle weight rating of 26,001 pounds or more or any
    10     such vehicle towing a vehicle having a gross vehicle weight
    11     rating of not more than 10,000 pounds.
    12             (i)  The holder of a Class B license shall be deemed
    13         qualified to operate those vehicles for which a Class C
    14         license is issued.
    15             (ii)  Where required under this title, appropriate
    16         endorsements must be obtained.
    17         (3)  [Class C.--]A Class C license shall be issued to
    18     those persons 18 years of age or older, except as provided in
    19     section 1503 (relating to persons ineligible for licensing;
    20     license issuance to minors; junior driver's license), who
    21     have demonstrated their qualifications to operate any single
    22     vehicle, except those vehicles requiring a Class M
    23     qualification, with a gross vehicle weight rating of not more
    24     than 26,000 pounds or any combination of vehicles, except
    25     combination vehicles involving motorcycles, that does not
    26     meet the definition of either Class A or Class B of this
    27     section.
    28             (i)  Where required under this title, appropriate
    29         endorsements must be obtained.
    30             (ii)  Any firefighter who is the holder of a Class C
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     1         license and who has a certificate of authorization from
     2         his fire chief shall be authorized to operate any fire or
     3         emergency vehicle registered to the fire department or
     4         municipality, regardless of the other requirements of
     5         this section as to the class of license required. No fire
     6         chief, fire department, including any volunteer fire
     7         company, or municipality shall be liable for any civil
     8         damages as a result of the issuance of a certificate
     9         authorized under this paragraph unless such act
    10         constituted a crime, actual fraud, actual malice or
    11         willful misconduct.
    12             (iii)  Any member of a rescue or emergency squad who
    13         is the holder of a Class C license and who has a
    14         certificate of authorization from the head of the rescue
    15         or emergency squad shall be authorized to operate any
    16         rescue or emergency vehicle equipped with audible and
    17         visual signals registered to the rescue or emergency
    18         squad or municipality, regardless of the other
    19         requirements of this section as to the class of license
    20         required. No head of a rescue or emergency squad, the
    21         rescue or emergency squad or municipality shall be liable
    22         for any civil damages as a result of the issuance of a
    23         certificate of authorization under this paragraph unless
    24         such issuance constituted a crime, actual fraud, actual
    25         malice or willful misconduct.
    26             (iv)  The holder of a Class C license shall also be
    27         authorized to drive a motor-driven cycle with an
    28         automatic transmission and cylinder capacity not
    29         exceeding 50 cubic centimeters or a three-wheeled
    30         motorcycle equipped with an enclosed cab, but not a
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     1         motorcycle unless the license is endorsed, as provided in
     2         this title.
     3             (v)  A police officer who is the holder of a Class C
     4         license and who has a certificate of authorization from
     5         the Special Operations Unit Commander or chief of police
     6         shall be authorized to operate a special operations
     7         vehicle, mobile command post or similar vehicle equipped
     8         with audible and visual signals registered to the county
     9         or municipality, regardless of the other requirements of
    10         this section as to the class of license required. No
    11         chief of police, special operations commander or
    12         municipality shall be liable for any civil damages as a
    13         result of the issuance of a certificate of authorization
    14         under this paragraph unless the issuance constituted a
    15         crime, actual fraud, actual malice or willful misconduct.
    16         (4)  [Class M.--]A Class M license shall be issued to
    17     those persons who have demonstrated their qualifications to
    18     operate a motorcycle. A Class M license accompanied by an
    19     endorsement shall be issued to those persons who have
    20     demonstrated their qualifications to operate a motor-driven
    21     cycle. If a person is qualified to operate only a motorcycle
    22     or motor-driven cycle, he shall be issued only a Class M
    23     license or a Class M license with an endorsement, as
    24     applicable.
    25     * * *
    26  § 1606.  Requirement for commercial driver's license.
    27     * * *
    28     (b)  Exemptions.--The following persons are not required to
    29  obtain a commercial driver's license in order to drive the
    30  commercial motor vehicle specified:
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     1         (1)  A person with a commercial driver learner's permit
     2     who is accompanied by the holder of a commercial driver's
     3     license valid for the vehicle being driven.
     4         (2)  A person in the service of the Armed Forces of the
     5     United States, including members of the Reserves and National
     6     Guard on active duty; personnel on full-time National Guard
     7     duty; and personnel on inactive National Guard duty training
     8     or part-time National Guard training and National Guard
     9     military technicians who are required to wear military
    10     uniforms and are subject to the Uniform Code of Military
    11     Justice when operating equipment owned or operated by the
    12     Department of Defense.
    13         (3)  A person who is a volunteer or paid firefighter with
    14     a Class C license and who has a certificate of authorization
    15     from his fire chief while operating a fire or emergency
    16     vehicle registered to the fire department or municipality.
    17         (4)  Any member of a rescue or emergency squad who is the
    18     holder of a Class C license and who has a certificate of
    19     authorization from the head of the rescue or emergency squad
    20     while operating any rescue or emergency vehicle equipped with
    21     audible and visual signals registered to the rescue or
    22     emergency squad or municipality.
    23         (5)  A driver with a Class C license operating a farm
    24     vehicle which is controlled and operated by a farmer and used
    25     exclusively to transport agricultural products, farm
    26     machinery or farm supplies to or from a farm. The farm
    27     vehicle may not be used in the operations of a common or
    28     contract carrier and may be used only within a radius of 150
    29     miles of the farm.
    30         (6)  A driver with a Class C license operating a school
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     1     bus, school vehicle or other commercial vehicle at the
     2     direction of authorized emergency management personnel in a
     3     time of declared Federal, State or local emergency. A person
     4     driving a school bus, school vehicle or other commercial
     5     vehicle pursuant to this paragraph shall not be subject to
     6     sanctions under the provisions of this chapter or section
     7     3742.1 (relating to accidents involving death or personal
     8     injury while not properly licensed).
     9         (7)  A police officer who is the holder of a Class C
    10     license and who has a certificate of authorization from the
    11     Special Operations Unit Commander or chief of police shall be
    12     authorized to operate a special operations vehicle, mobile
    13     command post or similar vehicle equipped with audible and
    14     visual signals registered to the county or municipality,
    15     regardless of the other requirements of this section as to
    16     the class of license required. No chief of police, special
    17     operations commander or municipality shall be liable for any
    18     civil damages as a result of the issuance of a certificate of
    19     authorization under this paragraph unless the issuance
    20     constituted a crime, actual fraud, actual malice or willful
    21     misconduct.
    22     * * *
    23     Section 2.  This act shall take effect in 60 days.





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