2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 61 - Powers of Department and Local Authorities › Section 6103 - Promulgation of rules and regulations by department

§ 6103. Promulgation of rules and regulations by department.
(a) General rule.--
In addition to the specific powers granted to the department by this title to promulgate rules and regulations, the department shall have the power in accordance with the provisions of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, to promulgate, consistent with and in furtherance of this title, rules and regulations in accordance with which the department shall carry out its responsibilities and duties under this title.
(b) Legislative approval of mass transit inspection regulations.--
(Repealed).
(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:
(i) (Deleted by amendment).
(ii) (Deleted by amendment).
(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 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.
(2) The regulations promulgated by the department under paragraph (1) may be modified, but shall, to the maximum extent possible, be consistent with safety and correspond to Federal regulations, standards or criteria.
(3) The regulations promulgated by the department under paragraph (1) shall not cause the forfeiture or withholding of Federal funding. If a regulation promulgated under paragraph (1) results in a forfeiture or withholding of Federal funding, the regulation shall be void, and the department shall publish notice of the voided regulation in the Pennsylvania Bulletin.
(d) Modification of Federal statute, regulation, standard or criteria.--
If any Federal statute, regulation, standard or criteria adopted by the department is amended or modified by the Federal Government, the amendment or modification shall have the effect of so amending or modifying the department's regulations. The amendment or modification shall take effect 60 days after the effective date of the Federal amendment or modification unless the department publishes a notice in the Pennsylvania Bulletin stating that the amendment or modification shall not take effect.
(e) Additional penalties.--
(1) In addition to any other penalty provided by law, the department may promulgate regulations providing for the suspension of the operating privilege, vehicle registration and fleet inspection privilege of:
(i) Any person who fails to pay any fee, charge or fine levied under this title.
(ii) Any person the department finds has repeatedly operated or caused or permitted the operation of motor carrier vehicles or buses placed out of service under section 4704(c) (relating to inspection by police or Commonwealth personnel).
(2) Except in the case of a person having been convicted of a violation, the department shall provide the opportunity for a hearing prior to imposing a suspension. The department shall be authorized to charge an administrative fee, based on department costs, if the person requests a hearing.
(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.
(June 18, 1980, P.L.223, No.67, eff. imd.; June 25, 1982, P.L.633, No.181, eff. Jan. 1, 1983; June 19, 1985, P.L.49, No.20, eff. 60 days; June 19, 2001, P.L.281, No.21, eff. imd.; Nov. 26, 2008, P.L.1658, No.133, eff. 60 days; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; July 11, 2022, P.L.1591, No.91, eff. 60 days)
2022 Amendment.
Act 91 amended subsec. (c)(1) and added subsec. (f).
2010 Amendment.
Act 81 amended subsec. (c). The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael C. Weigand Law.
2001 Amendment.
Act 21 amended subsecs. (c) and (d).
1985 Amendment.
Act 20 added subsecs. (c), (d) and (e).
1982 Repeal.
Act 181 repealed subsec. (b).
Cross References.
Section 6103 is referred to in sections 1603, 3716, 4107 of this title.