PROPOSED RULEMAKING
TURNPIKE COMMISSION
[ 67 PA. CODE CH. 601 ]
Traffic Regulations
[51 Pa.B. 3347]
[Saturday, June 19, 2021]The Turnpike Commission (Commission) proposes to amend Chapter 601 (relating to traffic regulations), specifically the following §§ 601.1, 601.3, 601.5, 601.9, 601.12—601.15, 601.17, 601.18 and 601.101—601.103, as set forth in Annex A. The Commission is publishing this proposed rulemaking under the authority of sections 4 and 12 of the act of May 21, 1937 (P.L. 774, No. 211) (36 P.S. §§ 652d and 652l); 74 Pa.C.S. §§ 8102, 8107 and 8116 (relating to definitions; commission powers and duties; and collection and disposition of tolls and other revenue); and 75 Pa.C.S. §§ 6110 and 6110.1 (relating to regulation of traffic on Pennsylvania Turnpike; and fare evasion).
A. Purpose of this Chapter
The purpose of Chapter 601 is to exercise the Commission's statutory authority to promulgate traffic regulations that promote the health, safety and welfare of the Commission's customers traveling on the Turnpike System.
B. Purpose of these Amendments to the Regulations
The purpose of these proposed amendments to Chapter 601 is to revise and improve the regulations and to reflect the Commission's conversion to a cashless tolling system, that is, all electronic tolling (AET). The amendments include new policies and procedures regarding special hauling permits for over-dimensional/overweight vehicles and updating the regulations and chart regarding the transportation of hazardous materials through Turnpike tunnels. The proposed amended regulations will address recent statutory amendments to fare evasion, update vehicles excluded from the Turnpike System and update language for tandem trailer combinations. Additional changes include clarifying existing language, deleting or revising obsolete language and other editorial amendments.
C. Description of the Amendments to the Regulations
After conducting a review of its traffic regulations, the Commission adopted the following proposed amendments at its October 6, 2020, Commission meeting:
§ 601.1. Definitions
The definition of ''Class 9 vehicle'' is proposed to be amended to ''over-dimensional/overweight vehicle'' in conjunction with the revisions to § 601.14 (relating to over-dimensional/overweight vehicle) and the implementation of a new special hauling permitting process. As part of the Turnpike's conversion to a cashless tolling system, the Commission is updating and modernizing its long-standing Class 9 toll rate for use with AET and the revised permitting process. The Commission is proposing to add the phrase ''combination of vehicles'' to clarify that an ''over-dimensional/overweight vehicle'' could represent other forms of combinations, including tandems. Section 102 of 75 Pa.C.S. (relating to definitions) defines ''combination'' as ''two or more vehicles physically interconnected in tandem.'' ''Tandem'' is defined in § 601.1 (relating to definitions) of the Commission's regulations ''as a truck tractor, semitrailer and trailer.'' Therefore, for example, there could be a heavy wrecker (tow truck) towing a bus or a truck tractor. The proposed revised definition also includes the maximum gross weight that may be carried upon any one axle (22,400 pounds).
The definition of ''hazardous material'' is proposed to be amended to reflect the proper citation of the definition as found in the Code of Federal Regulations.
The definition of ''max time formula'' is proposed to be deleted because these formulas are determined by business rules rather than a regulation, which may need to be modified periodically.
§ 601.3. Officers
This section is proposed to be amended to reflect the conversion of the Turnpike to a cashless tolling system and deletes references to toll collection and fare booths. The phrase ''other officers'' is proposed to be deleted because the word ''officers'' already appears in the text for § 601.3 (relating to officers). Likewise, the term ''maintenance personnel'' is proposed to be deleted because the term ''employees'' is intended to capture all Commission employees.
§ 601.5. Hazardous materials
This section is proposed to be amended to update the existing chart regarding the Commission's policies for the transportation of hazardous materials through Turnpike tunnels. The Federal Motor Carrier Safety Administration and the United States Department of Transportation (USDOT) recognize nine classes as the first level of warning for hazardous materials and multiple placards can fall into those classes. Title 49 of the Code of Federal Regulations sets forth the nine hazardous materials classes, listed by class, not placard. See 49 CFR 173.2 (relating to hazardous materials classes and index to hazard class definitions). The definitions for each class are found in various other subsections of 49 CFR Part 173 (relating to shippers—general requirements for shipments and packagings). The hazard class is the overall category of a hazard material, whereas the placard is the recommended sign placed on a vehicle. Because USDOT has multiple placards for some of the classes, the Commission does not want carriers to focus on a single placard for a specific hazardous materials class. To avoid confusion, the proposed revised chart eliminates ''Placard Name'' and now separates hazardous materials classes into Prohibited, Prohibited in Bulk Packaging and Permitted. Therefore, the proposed amendments to the chart will: (1) recognize and clarify the classes, (2) be easier to read and interpret, and (3) realign the Commission's regulations to remain consistent with Federal law.
The proposed revised chart will update the status of organic peroxide (Class 5.2) as a prohibited hazardous material, which is the only substantive change to the existing chart. The Commission has already been operating under this change since 2014 to remain consistent with Federal placard revisions required for the highway transportation of organic peroxide, which became mandatory on January 1, 2014. At that time, the Commission updated its web site and guidelines for transporting hazardous materials through its tunnels to include the prohibition of organic peroxide (Class 5.2). Therefore, this will not be a newly disclosed prohibited class for Commission customers, but the proposed amended chart in the regulations will officially reflect the change that was instituted in 2014. Other proposed amendments to this section are editorial.
§ 601.9. U-turns
This section is proposed to be amended to clarify who may authorize a U-turn on the Turnpike System.
§ 601.12. Toll collection
In 2020, the Commission converted to AET, a cashless tolling system that incorporates electronic toll collection and license plate tolling. The Commission no longer issues paper tickets and all tolls are collected by an electronic toll collection device, currently E-Z Pass, or through license plate imaging captured by cameras or similar technology, Toll By Plate. Section 8116 of 74 Pa.C.S. establishes the Commission's statutory authority to charge and collect tolls, including the right to authorize, fix and revise toll rates for use of the Turnpike System. Section 12 of the Commission's 1937 enabling statute (36 P.S. § 652l) provides similar language. The language of both statutes grants the Commission broad discretion regarding tolling and demonstrates a clear legislative intent that the Commission shall have the sole authority to establish the most efficient and modern methods regarding the collection of tolls. No other governmental entity or agency in the Commonwealth has been granted these powers, which further proves the legislature's intent that the Commission rely on its operational experience and tolling expertise to determine the best way to collect tolls on the Turnpike System.
This section is proposed to be renamed ''toll collection,'' formerly ''toll tickets,'' and fully amended will reflect the conversion to AET. The new language proposes to incorporate the definition of electronic toll collection, the implementation of license plate tolling and any other technology used to identify vehicles traveling the Turnpike System and a citation to 74 Pa.C.S. § 8116.
§ 601.13. Evasion of fare
The General Assembly enacted the act of November 25, 2013 (P.L. 974, No. 89) and codified the language of 75 Pa.C.S. § 6110.1 into the Vehicle Code, which sets the penalties for fare evasion or attempted fare evasion committed on the Turnpike System, including any affirmative actions, which is a misdemeanor of the third degree. Section 601.13 (relating to evasion of fare) is proposed to be amended to reference the language and penalties set forth in 75 Pa.C.S. § 6110.1. This section is proposed to be amended to reflect the elimination of paper toll tickets as part of the Commission's conversion to a cashless tolling system.
§ 601.14. Over-dimensional/overweight vehicles
As stated previously, the definition of a ''Class 9 vehicle'' found in § 601.1 is proposed to be amended to ''over-dimensional/overweight vehicle.'' Accordingly, this section is proposed to be renamed and amended to reflect the Commission's revised policies and procedures for issuing special hauling permits for over-dimensional/overweight vehicles. To foster uniformity within the trucking/hauling industry, and consistency with other entities using a similar permitting process (such as PennDOT and the Ohio Turnpike Commission), the Commission will now charge a separate fee for a special hauling permit in addition to regular toll rates. First, operators of over-dimensional/overweight vehicles must apply for a special hauling permit and pay a $37 flat fee along with an additional 24 cent-per-ton-mile fee on all weight in excess of 80,000 pounds (if applicable). Second, all appropriate tolls are assessed according to the vehicle classification system in place and then paid in lane by means of E-Z Pass or Toll By Plate at the time of travel.
As part of its conversion to AET, the Commission's long-standing Class 9 toll rate has been updated for use with the revised permitting process that includes a new toll rate (now equal to the significantly lower Class 8 toll rate). The former Class 9 toll was always higher than other tolling rates because of the need for the Commission to affect repairs to the Turnpike System from damage done by over-dimensional/overweight vehicles. The pre-AET Class 9 rate had such costs built into the toll rate and represented the cost for carriers to travel on the Turnpike, in effect a user fee. However, due to the revised toll rates under AET, the revised permitting system will result in revenue/cost neutrality for the Commission and the carriers and customers impacted by the new procedures. Moreover, the revised permitting system will not impose new or restrictive conditions on said carriers or customers traveling on the Turnpike System.
The proposed amendments to this section also revise the language regarding escorts for vehicles with excessive width, length, height or weight.
§ 601.15. Vehicles excluded from the Turnpike
To be consistent with the proposed amendments to § 601.14, this section is proposed to be amended to replace the term ''Class 9 vehicle'' with ''over-dimensional/overweight vehicle'' and the requirement to obtain a special hauling permit before these vehicles can travel on the Turnpike System. This section is proposed to be amended to prohibit certain vehicles on the Turnpike System during adverse travel conditions. Weather-related exclusions are already permitted under § 601.15(a) (relating to vehicles excluded from the Turnpike). The Commission's intent is to exclude certain vehicles, as already listed in § 601.15(a), from the Turnpike System for non-weather-related travel conditions as determined by the Commission. For example, closure of a bridge due to structural damages, such as the Delaware Bridge in 2017, or a truck fire in a tunnel.
§ 601.17. Authorized vehicle
The proposed amendments to this section clarify existing language or are editorial.
§ 601.18. Accident prevention investigations
The proposed amendment to this section is editorial.
§ 601.101. Length limit for tandems
To be consistent with the proposed amendments to § 601.14, this section is proposed to be amended to replace the term ''Class 9 vehicle'' with ''over-dimensional/overweight vehicle'' and the requirement to obtain a special hauling permit regarding tandem combinations exceeding 85 feet in length.
§ 601.102. Weight and dimensional limits for tandems
To be consistent with the proposed amendments to § 601.14, this section is proposed to be amended to replace the term ''Class 9 vehicle'' with ''over-dimensional/overweight vehicle'' and the requirement to obtain a special hauling permit regarding tandem combinations. The Commission proposes to delete the sentence ''[t]he maximum gross weight that may be carried upon any one axle may not exceed 22,400 pounds'' because it is redundant and could be confusing to carriers when read in conjunction with the newly-defined ''over-dimensional/overweight vehicle.'' Likewise, obsolete language regarding excessive maximum gross axle weight and upgrading to the next higher vehicle classification is proposed to be deleted.
§ 601.103. Exclusion of tandem truck trailers
This section is proposed to be amended to update the proper citation for the definition of ''hazardous materials, substances or wastes'' as found in the Code of Federal Regulations.
D. Persons and Entities Affected
This proposed rulemaking is intended to update and revise the Commission's current regulations. As before, all customers of the Commission, whether a person, business, small business or an organization, that travel on the Turnpike System will be affected by and required to comply with the approved final-form rulemaking.
E. Fiscal Impact
The Commission is funded primarily by tolls and bonds. Because there is no direct cost to the Commonwealth or local governments as a result of this proposed rulemaking, the Commission has not submitted a fiscal note.
F. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)) on June 1, 2021, the Commission submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey comments, recommendations or objections to the proposed regulations within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Commission, the General Assembly and the Governor.
G. Effective Date
This proposed rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.
H. Sunset Provisions
The Commission has not established a sunset date for this proposed rulemaking because the Traffic Regulations found in Chapter 601 are in effect on a continual basis. The Commission shall continue to monitor these regulations for their effectiveness and will propose amendments when required.
I. Public Comments
Interested parties are invited to submit written comments, objections or suggestions regarding this proposed rulemaking to John F. Dwyer, Assistant Counsel, Turnpike Commission, P.O. Box 67676, Harrisburg, PA 17106-7676, (717) 831-7343, jdwyer@paturnpike.com, within 30 days of publication of this notice in the Pennsylvania Bulletin.
J. Contact Person
The contact person for explanation of this proposed rulemaking is John F. Dwyer, Assistant Counsel, Turnpike Commission, P.O. Box 67676, Harrisburg, PA 17106-7676, (717) 831-7343, jdwyer@paturnpike.com.
MARK P. COMPTON,
Chief Executive OfficerFiscal Note: The Commission is funded primarily by bonds and tolls. Because there is no direct cost to the Commonwealth as a result of these proposed amendments, the Commission has not submitted a fiscal note.
Annex A
TITLE 67. TRANSPORTATION
PART II. TURNPIKE COMMISSION
CHAPTER 601. TRAFFIC REGULATIONS
GENERAL § 601.1. Definitions.
* * * * * [Class 9 vehicle] Over-dimensional/overweight vehicle—A vehicle or combination of vehicles, including the load carried thereon, which exceeds any one of the following: 100,000 pounds in maximum gross weight, 22,400 pounds maximum gross weight carried upon any one axle, 13 feet 6 inches in height, 10 feet in width, 85 feet in overall length, or which has a load or part thereof extending 5 feet or more beyond the front bumper or 15 feet or more beyond the rear bumper. The front and rear overhang of stinger steered vehicles, as defined in 23 CFR [658.13(d)] 658.13(e) (relating to length), may not be included in calculating the overall length of the stinger steered vehicle, as long as the front overhang does not exceed 3 feet and the rear overhang does not exceed 4 feet.
* * * * * Hazardous material—An explosive, blasting agent, flammable liquid, combustible liquid, flammable solid, flammable and nonflammable compressed gas, corrosive material, poison, poison gas, irritant, oxidizer, organic peroxide, radioactive material, etiologic agent or other regulated material defined in [49 CFR Parts 100—177 (relating to research and special programs administration, Department of Transportation)] 49 CFR Chapter I (relating to pipeline and hazardous materials safety administration, Department of Transportation) whether a material, a substance or a waste product.
[Max-time formula—The method by which the Commission determines the maximum amount of time a patron should normally spend on the Turnpike system.]
Recreational vehicle—A multipurpose passenger vehicle that provides living accommodations for persons or an apportionable vehicle designed or converted and used exclusively for personal pleasure or travel by an individual or the individual's family.
* * * * * § 601.3. Officers.
A driver of a motor vehicle and other persons using or traveling upon the Turnpike System shall obey the signs, signals and oral directions rendered by officers, [employes] employees, independent contractors or agents of the Commission, including the State Police[, the toll collectors at fare booths and interchanges, maintenance personnel and other officers that are employed by the Commission].
§ 601.5. Hazardous materials.
(a) Hazardous materials may be transported, under the required Federal permits, on the Turnpike system, if the shipments are in full compliance with 10 CFR Part 71 (relating to packaging and transportation of radioactive material), 49 CFR Chapter I, Subchapter C (relating to hazardous materials regulations), [the Federal motor carrier safety regulations,] 49 CFR Parts 390—397, regarding Federal motor carrier safety regulations, and other Federal or State laws or regulations relating to the transportation of hazardous materials.
(b) A transporter of hazardous materials shall carry the required Federal permits while traveling on the Turnpike System and shall present the permits upon demand to any Commission [employe] employee or the Pennsylvania State Police.
(c) Explosives Divisions 1.1, 1.2, 1.3 and Radioactive materials as defined in 49 CFR [73.50] 173.50 and 173.403, respectively (relating to Class 1—definitions; and definitions) are prohibited from being transported on the Turnpike in tandem trailer combinations.
(d) The total volume of material in a tandem combination may not exceed the total volume that could be carried in a single trailer.
(e) The following materials are prohibited, [restricted] prohibited in bulk packaging or permitted in Commission tunnels under the following chart. [Restricted is defined as nontanker loads, limited to transport in nonbulk packaging of 119 gallons per container or less, under 49 CFR 171.8 (relating to definitions and abbreviations).] Bulk Packaging is defined in 49 CFR 171.8 (relating to definitions and abbreviations).
[PLACARD NAME POLICY Table 1 Materials Explosives 1.1 Prohibited Explosives 1.2 Prohibited Explosives 1.3 Prohibited Poison Gas Prohibited Dangerous When Wet Prohibited Poison (Inhalation Hazard) Prohibited Radioactive Prohibited Table 2 Materials
Explosives 1.4 Prohibited Explosives 1.5 Prohibited Explosives 1.6 Prohibited Flammable Gas Restricted Non-Flammable Gas
(Refrigerated Oxygen)Permitted Flammable Liquids Restricted Combustible (Fuel Oil) Permitted Flammable Solid Restricted Spontaneously
CombustibleRestricted Oxidizer Restricted Organic Peroxide Restricted Poison Restricted Keep Away From Food Permitted Corrosive Restricted Miscellaneous (Class 9) Permitted]
Prohibited Hazardous Materials Classes Hazardous Material Class Policy All Explosives 1.1—1.6 Prohibited Poison Gas 2.3 Prohibited Dangerous When Wet 4.3 Prohibited Organic Peroxide 5.2 Prohibited Poison (Inhalation Hazard) 6.1 Prohibited Radioactive 7 Prohibited Prohibited in Bulk Packaging Hazardous Materials Classes
Hazardous Material Class Policy Flammable Gas 2.1 Prohibited in bulk packaging Flammable Liquid 3 Prohibited in bulk packaging Flammable Solid 4.1 Prohibited in bulk packaging Spontaneously Combustible 4.2 Prohibited in bulk packaging Oxidizer 5.1 Prohibited in bulk packaging Poison (Other than Inhalation Hazard) 6 Prohibited in bulk packaging Corrosive 8 Prohibited in bulk packaging Permitted Hazardous Materials Classes Hazardous Material Class Policy Non-Flammable Gas 2.2 Permitted Combustible (Fuel Oil) 3 Permitted Miscellaneous 9 Permitted Dangerous - Permitted Stow Away From Food Stuffs - Permitted
§ 601.9. U-turns.
The making of a U-turn on the Turnpike System is prohibited except by authorized vehicles. A driver of a motor vehicle may reverse direction of travel only by passing through an interchange [and paying the fare] or other tolling point. The Pennsylvania State Police may authorize a U-turn in an emergency and [fare collection] other personnel authorized by the Commission may authorize a U-turn [at an interchange] when necessary.
§ 601.12. Toll [tickets] collection.
[(a) Each vehicle shall obtain a toll ticket upon entering the Turnpike System at an interchange.
(b) The toll ticket shall then be surrendered to a toll collector together with the appropriate fare upon exiting the Turnpike System.
(c) The patron shall stop and exhibit his toll ticket upon request by the State Police or a Commission employe.
(d) In the event of a lost toll ticket, the patron shall pay the fare from the farthest point of entry on the Turnpike to the actual point of exit.]
All vehicles that travel on the Turnpike System, unless otherwise authorized, shall pay a toll through any of the following:
(1) Electronic toll collection, as defined in 74 Pa.C.S. § 8102 (relating to definitions).
(2) By license plate tolling with an invoice sent to the vehicle's registered owner, as authorized in 74 Pa.C.S. § 8116 (relating to collection and disposition of tolls and other revenue).
(3) Any other technology which identifies a vehicle by photographic, electronic or other method, as authorized in 74 Pa.C.S. § 8116.
§ 601.13. Evasion of fare.
(a) Evasion of fare or attempted evasion of fare is prohibited and constitutes a summary offense unless a person intentionally or knowingly takes an affirmative action as defined in 75 Pa.C.S. § 6110.1(f) (relating to fare evasion) in an attempt to evade tolls, in which case the offense constitutes a misdemeanor of the third degree. Fines for evasion of fare [or], attempted evasion of fare and affirmative action are imposed by [75 Pa.C.S. § 6110(b) (relating to regulation of traffic on Pennsylvania Turnpike] 75 Pa.C.S. § 6110.1(a) and (b).
(b) Evasion of fare or attempted evasion of fare includes the following:
(1) Entering or exiting the Turnpike System except through an interchange, unless directed to do so by the State Police or [a] an authorized Commission [employe] employee.
(2) [The presentation to a State Trooper or toll collector of a toll ticket which indicates that the patron has exceeded the travel time allotted based on the max-time formula, where the patron cannot produce satisfactory physical evidence, including the driver's record of duty status, demonstrating that the age of the ticket was the result of actual excess time spent legitimately on the Turnpike System by the patron and was not the result of fare evasion or attempted fare evasion] (Reserved).
(2.1) Operating a vehicle on the Turnpike System without a valid electronic toll collection device and/or obstructing or covering the vehicle's license plate.
(3) [Possession by the patron of more than one toll ticket] (Reserved).
(3.1) Operating a vehicle on the Turnpike System without a license plate and valid vehicle registration.
[(4) Possession by the patron of a toll ticket which was issued from an interchange located in the direction in which the patron is traveling] (Reserved).
(5) [Possession or presentation by a patron of a toll ticket which has been intentionally altered or mutilated] (Reserved).
(6) The failure by [the patron] a person to pay the appropriate toll [upon exiting the Turnpike System].
(7) [Appropriation or attempted appropriation by a patron of more than one toll ticket at an interchange] (Reserved).
(8) [The exchange of toll tickets by two or more patrons] (Reserved).
§ 601.14. [Class 9 vehicles] Over-dimensional/overweight vehicles.
(a) Prior to entering the Turnpike System, [Class 9] operators of over-dimensional/overweight vehicles shall [contact the Commission's Safety Department at (717) 939-9551, extension 2970 or 2980, to] request and obtain a [Class 9] special hauling permit according to Commission policies and procedures and pay all applicable fees.
(b) The requester shall be prepared to provide the following information:
(1) The size, weight and number of axles of the [Class 9] over-dimensional/overweight vehicle.
(2) The name, address and telephone number of the carrier.
(3) The planned entry and exit interchange.
(4) The planned date of movement.
(5) Other information which may be requested by the [Safety Department] Commission.
(c) If approved, the [Safety Department] Commission will provide the requester with [a four-digit Class 9 move number, which shall be provided to the toll collector at the time of entry] proof of a valid special hauling permit that the operator shall produce upon request from the State Police or a Commission employee at any point during permitted travel on the Turnpike System.
(d) [Vehicles over 11 feet in width, 90 feet in length or 125,000 pounds in weight may be required to provide an escort vehicle for movement on the Turnpike System.] Based on Commission policies and procedures, operators of over-dimensional/overweight vehicles with excessive width, length, height or weight, or at the discretion of the Commission, may be required to provide an escort vehicle or have a State Police escort, or both, for movement on the Turnpike System.
(e) [Class 9] Over-dimensional/overweight vehicles may travel on the Turnpike System only on days and at times designated by the Commission. The [Safety Department] Commission will provide schedules and additional information [upon request] according to policies and procedures.
(f) If the [requester] operator is unable to travel on the planned [date] dates of movement, or the special hauling permit is cancelled, the requester shall notify the [Safety Department accordingly] Commission according to policies and procedures.
§ 601.15. Vehicles excluded from the Turnpike.
(a) During adverse weather or travel conditions, recreational vehicles, motorcycles, vehicles towing trailers, tandem trailers, buses and [Class 9] over-dimensional/overweight vehicles may be excluded from parts or all of the Turnpike System. Vehicles may be excluded from the Turnpike System to effect proper snow removal or to remedy hazardous situations. Unsafe vehicles may be excluded at any time.
(b) [Class 9] Over-dimensional/overweight vehicles are prohibited from using the Turnpike System except by special hauling permit issued from the Commission, as indicated in §§ 601.1 and 601.14 (relating to definitions; and [Class 9] over-dimensional/overweight vehicles).
* * * * * § 601.17. Authorized vehicle.
(a) For the purposes of this chapter, the term ''authorized vehicle'' shall be defined as follows:
(1) A vehicle which carries the Commission seal, including automobiles and construction and maintenance vehicles.
(2) A vehicle owned by the Commission which does not carry the Turnpike seal.
(3) A vehicle driven by a Commission [employe] employee used in an official capacity and in the performance of employment.
(4) A vehicle of the Commission's Consulting Engineer utilized in the furtherance of the Consulting Engineer's duties, under the Trust Indenture.
(5) A vehicle of a consultant under contract with the Commission utilized in the furtherance of the consultant's duties under the Commission contract.
(6) A towing or wrecking vehicle which meets the following conditions:
(i) Through contract with the Commission [is] as an authorized service [dealer] provider and the vehicle displays that designation.
(ii) Is called by an authorized [employe] employee of the Commission or the State Police to perform special clean-up or towing services.
(7) A construction vehicle owned, leased or operated by a company performing a construction contract for the Commission which is operating within the terms of the contract.
(8) A vehicle which has obtained prior permission from the Commission and is moving under the supervision of [a State trooper] the State Police in executing the otherwise restricted activity.
* * * * * § 601.18. Accident prevention investigations.
(a) The Commission may conduct in-depth accident investigations and safety studies of the human, vehicle and environmental aspects of traffic accidents for the purpose of determining the cause of traffic accidents and the improvements which may help prevent similar types of accidents or increase the overall safety of the Turnpike roadway and bridges.
(b) In-depth accident investigations and safety studies and information, records and reports used in their preparation are not discoverable or admissible as evidence in any civil action or proceeding. Officers or [employes] employees or the agencies charged with the development, procurement or custody of in-depth accident investigations and safety study records and reports are not required to give depositions or evidence pertaining to anything contained in the in-depth accident investigations or safety study records or reports in any civil action or other proceeding.
TANDEM TRAILER COMBINATIONS § 601.101. Length limit for tandems.
A semitrailer, or the trailer of a tandem trailer combination, may not be longer than 28 1/2 feet. A tandem combination—including the truck tractor, semitrailer and trailer—which exceeds 85 feet in length is considered [a Class 9] an over-dimensional/overweight vehicle which requires a special hauling permit to travel on the Turnpike System.
§ 601.102. Weight and dimensional limits for tandems.
A tandem trailer combination which is considered [a Class 9] an over-dimensional/overweight vehicle shall require a special hauling permit to travel on the Turnpike System. [The maximum gross weight that may be carried upon any one axle may not exceed 22,400 pounds. A tandem trailer combination which exceeds the maximum gross axle weight shall be upgraded to the next higher vehicle classification.] In tandem combinations, the heaviest trailer shall be towed next to the truck tractor.
§ 601.103. Exclusion of tandem tank trailers.
Tandem tank trailer combinations transporting hazardous materials, substances or wastes, as defined in [49 CFR Chapter 1 (relating to research and special programs administration, Department of Transportation)] 49 CFR Chapter I (relating to pipeline and hazardous materials safety administration, Department of Transportation) are prohibited from using the Turnpike System.
[Pa.B. Doc. No. 21-951. Filed for public inspection June 18, 2021, 9:00 a.m.]
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