SOLICITOR’S REPORT NATURAL GAS BURNING VEHICLES IN PENNSYLVANIA
Senate Bill No.589, adopted as Act31 of 2017 (the “Act”) amends title 75 of Pennsylvania Statutes, the Pennsylvania Motor Vehicle Code (the “Code”) to increase the maximum weight limit for natural gas powered vehicles by up to 2,000pounds, in furtherance of the federal Fixing America’s Surface Transportation Act of 2015 (the “FAST Act”). The FAST Act provides in part that natural gas fueled vehicles may weigh as much as 2,000 pounds more than their diesel powered counterparts due to the extra weight of the “natural gas tank and fueling system” and that the Interstate System of roads should accommodate that difference to incent cleaner burning natural gas. The Act further amends provisions of the Code relating to stinger-steered automobile or boat transporters, clarifies federal weight limits for emergency vehicles and limits to 82feet tow-away trailer transporter combinations. The Act is important because it further positions Pennsylvania as a link in interstate transportation, promotes the use of natural gas powered vehicles and natural gas filling stations in Pennsylvania,and assures more consistency between the FAST Act and the Code.
As a producer of natural gas and home to an expanding group of natural gas fueled motor vehicles, Pennsylvania has further welcomed such vehicles through the Act. Specifically, the Act authorizes up to an additional 2,000pounds in addition to the maximum 80,000pounds for vehicles “operated by an engine fueled primarily by compressed or liquefied natural gas.” 75 Pa. C.S.A. §4944(d)(1). Further, that authorization applies to “all state highways and interstate highways as provided by the exemption permitted under 23 U.S.C. §127 (relating to vehicle weight limitations –Interstate System).” 75 Pa. C.S.A. §4941(d)(2). That reference in the Act to 23 U.S.C.§127 (a part of the FAST Act) plainly informs us that the Code was amended for natural gas powered vehicle weights to be consistent with federal law as to interstate highways and that Pennsylvania wants to apply the 2,000 pound increase even to state highways, not just interstate highways within Pennsylvania. The significance is that the Commonwealth of Pennsylvania will not impede interstate commerce and will further allow federally weighted natural gas fueled vehicles on state roads.
The Act further benefits owners of stinger-steered automobile or boat transporters, a “truck tractor-semitrailer combination wherein the fifth wheel is located on a drop frame located behind and below the rear most axle of the power unit.” 75 Pa. C.S.A. §102. Such transporters are now subject to new dimensional maximums: 80feet in length up from 75feet; exclusion of overhang not more than four feet up from three feet on the front and six feet up from four feet on the rear. Further, these transporters may now be used to carry cargo or general freight on a bac khaul if they comply with “weight limitations for a truck tractor and semitrailer combination.” 75 Pa. C.S.A. §4923(b.1)(4). Finally, automobile transporters may now haul cargo as general freight on a back haul if the transporter complies with applicable state weight limitation sfor motor vehicles.
Tow-away trailer transporter combinations may now reach 82feet in length under the Act. These combinations consist of a power unit that tows up to two trailers or semitrailers not exceeding 26,000pounds when the trailers or semitrailers aretheun loaded inventory of a manufacturer, distributor ordealer of the trailers or semitrailers. The significance of this provision is to allow Pennsylvania highways to carry the double trailer combinations as shipments of inventory among or between states following federal law at 49 U.S.C.§31111(a). These weight and length increases do not apply to loaded double trailers or semitrailers. Enforcement of these provisions will be through Pennsylvania truck weigh stations along our highways.
The Act further assures that emergency vehicles as defined in federal transportation law at 23U.S.C. §127(r)(2) are subject to the federal prohibitions on state enforcement of weight limits found in federal law at 23U.S.C. §127(r)(1). Pennsylvania will not enforce other weight limitations against emergency vehicles operating in Pennsylvania. This clarification, as with others in the Act, makes sure that Pennsylvania does not impede interstate traffic and that the Code is consistent with federal weight limitations.
The Act was sponsored in the Senate by Sen.Wayne Langerholc (R-35) with the help of Rep. Carl Walker Metzgar (R-69) in the House of Representatives. Describing the Act as a “win-win for Pennsylvania,” Sen.Langerholc said, “It both encourages the use of natural gas to power our larger vehicles and updates our laws to ensure that federal transportation funds continue to flow to our Commonwealth, which is the hub of interstate commerce for the entire east coast.
Governor Wolf approved the Act on July20, 2017, and it will take effect 60days later.
2017 RobertJ. Hobaugh, Jr.