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PA Bulletin, Doc. No. 01-293

NOTICES

Vehicles Which Must Comply With Stopping Requirements

[31 Pa.B. 1007]

   The Department of Transportation (Department), acting through the Bureau of Highway Safety and Traffic Engineering, by publishing this notice in compliance with Section 3342(d) of the Vehicle Code, 75 Pa.C.S. § 3342(d), designates the vehicles which must comply with the stopping requirements in Section 3342(b)(1) of the Vehicle Code, 75 Pa.C.S. § 3342(b)(1). The vehicles subject to this requirement are listed at the end of this notice.

   In the course of determining the types of vehicles to be included in this list, the Department considered a number of factors, including the hazardous nature of substances carried by particular types of vehicles and the number of passengers carried by particular types of vehicles engaged in the transportation business. The Department also submitted its proposed list of vehicles to the Motor Carrier Enforcement Division of the Bureau of Maintenance of Operations, and to the Bureaus of Driver Licensing, Motor Vehicles, and Public Transportation. The Department also provided the proposed list to the Pennsylvania State Police, Bureau of Patrol, and the Pennsylvania Public Utility Commission, Bureau of Transportation and Safety.

   Under the provisions of Section 3342(a) of the Vehicle Code, 75 Pa.C.S. § 3342(a), the driver of any vehicle designated in this list, before crossing at grade any track or tracks of a railroad, shall stop the vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad crossing. While so stopped, the driver shall listen and look in both directions along the track for any approaching train, and for signals indicating the approach of a train. When it is safe to do so, the driver of the vehicle shall drive the vehicle across the tracks only in such gear of the vehicle that there will be no necessity for manually changing gears while traversing the crossing. The driver shall not manually shift gears while crossing the track or tracks.

   The vehicles described in the list are not required to stop at any railroad grade crossing, abandoned railroad grade crossing, or industrial or spur line railroad grade crossing marked or controlled in accordance with the provisions Section 3324(c) of the Vehicle Code, 75 Pa.C.S. § 3342(c) (relating to exceptions).

   The following types of vehicles shall stop at railroad grade crossings as required in 75 Pa.C.S., The Vehicle Code, § 3342(b)(1):

   (1)  Every bus transporting passengers.

   (2)  Vehicles engaged in the carriage of persons as passengers of a transportation service, owned or operated by private nonprofit corporations, associations, municipalities, counties, or by the Commonwealth or its departments, agencies, or boards.

   (3)  Every commercial motor vehicle that, in accordance with the regulations of the US Department of Transportation, is required to be marked or placarded with one of the following classifications:

   (i)  Division 1.1, 1.2, 1.3, or 1.4

   (ii)  Division 2.3 Poison Gas

   (iii)  Division 4.1

   (iv)  Division 5.1

   (v)  Division 2.2

   (vi)  Class 8

   (vii)  Division 2.1

   (viii)  Class 7

   (ix)  Division 4.3

   (x)  Division 2.3 Chlorine

   (xi)  Class 3 Flammable Liquid

   (xii)  Division 6.1 Poison

   (xiii)  Division 2.2 Oxygen

   (xiv)  Class 3 Combustible Liquid

   (xv)  Division 5.2

   (4)  Every commercial motor vehicle transporting any quantity of a Division 2.3 chlorine.

   (5)  Every cargo tank motor vehicle, whether loaded or empty, used for the transportation of any hazardous materials as defined in 49 CFR Parts 107 through 180, the Hazardous Materials Regulations of the US Department of Transportation.

   (6)  Every cargo tank motor vehicle transporting a commodity that, at the time of loading, has a temperature above its flash point as determined in 49 CFR 173.120 of the US Department of Transportation's Hazardous Materials Regulations.

   (7)  Every cargo tank motor vehicle, whether loaded or empty, transporting any commodity under exemption in accordance with the provisions in 49 CFR, Subpart B, Part 107 of the Hazardous Materials Regulations of the US Department of Transportation.

   __________

   Interested persons may obtain a copy of the foregoing list by contacting the Pennsylvania Department of Transportation, Bureau of Highway Safety and Traffic Engineering, Traffic Engineering and Operations Division, PO Box 2047, Harrisburg, PA 17105-2047.

BRADLEY L. MALLORY,   
Secretary

[Pa.B. Doc. No. 01-293. Filed for public inspection February 16, 2001, 9:00 a.m.]


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