HB 1410 — An Act establishing the Weigh Station Preclearance Program; and providing for criteria for preclearance system and devices and for data access.

PRIORSENATE AMENDED PRINTER'S NO.

15192613 PRIOR PRINTER'S NO.NOS.

1519, 1883 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of 2021 No.

1410 2021 INTRODUCED BY FEE, SMITH, BROOKS, PICKETT, DIAMOND, WHEELAND, JAMES, RYAN, HICKERNELL, ZIMMERMAN, MENTZER, JONES, B.

DAVIS AND MULLINS, MAY 14, 2021 ASSENATOR REPORTEDLANGERHOLC, FROM COMMITTEE ON TRANSPORTATION, HOUSEIN OFSENATE, REPRESENTATIVES, AS AMENDED, JUNEJANUARY 22,19, 20212022 AN ACT Establishing the Weigh Station Preclearance Program;

ANDand <-- providing for criteria for preclearance system and devices and for data access.

"Department." The Department of Transportation of the <-- Commonwealth.

"Weigh station." A roadside station where commercial vehicles are required to stop for weight and safety inspections by the department or Pennsylvania State Police.

<-- Section 3.

(a) Establishment.--The department, in conjunction with the <-- Pennsylvania(A) StateESTABLISHMENT.--THE Police,FOLLOWING shallSHALL establishAPPLY: the Weigh Station <-- Preclearance Program in accordance with the commercial vehicle information systems and networks electronic screening truck inspection and weigh station preclearance standards authorized by the Federal Motor Carrier Safety Administration.

(b)<-- Operation.--The(1) department,THE Pennsylvania State Police shall establish the Weigh Station Preclearance Program in conjunctionaccordance with the <--commercial Pennsylvaniavehicle Stateinformation Police,systems shalland operatenetworks theelectronic programscreening attruck eachinspection <--and locationweigh wherestation commercialpreclearance vehiclestandards enforcementauthorized isby conducted.the Federal Motor Carrier Safety Administration.

(2) ANY PROPOSED INFRASTRUCTURE TO BE INSTALLED WITHIN <-- THE RIGHT-OF-WAY OF A STATE HIGHWAY MUST BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH STANDARDS FROM THE DEPARTMENT OF TRANSPORTATION AND THE PENNSYLVANIA TURNPIKE COMMISSION, AS APPLICABLE, AND REVIEWED BY THE DEPARTMENT OF TRANSPORTATION AND THE PENNSYLVANIA TURNPIKE COMMISSION, AS APPLICABLE, FOR APPROVAL PRIOR TO CONSTRUCTION.

ALL COSTS ASSOCIATED WITH THE DESIGN, INSPECTION, INSTALLATION, MAINTENANCE AND OPERATION OF THE PRECLEARANCE SYSTEM SHALL BE THE RESPONSIBILITY OF THE PRECLEARANCE SYSTEM PROVIDER.

(b) Operation.--The Pennsylvania State Police shall operate the program at each location where commercial vehicle enforcement is conducted.

(c) Standards.--The department, in conjunction with the <-- Pennsylvania State Police,Police shall setestablish the ESTABLISH standards for <-- the program in order to meet the needs of this Commonwealth and conform with weigh station 20210HB1410PN2613 - 2 - preclearance programs in other states, including standards regarding safety history credential status.

(1) The preclearance system shall be GPS-based GPS-BASED <-- OR INFRASTRUCTURE-BASED and be able to be used at both fixed enforcement facilities and mobile or remote locations.

20210HB1410PN1883 - 2 - (2) The preclearance system shall be broadly deployed across the United States for interstate operability purposes on the effective date of this section and be accessible by a <-- wide range of in-cab commercial radio services network devices.

(c) SoftwareSECTION. and hardware.--Computer software and hardware that is necessary for the use of the preclearance system under subsection (a) shall be made available at no cost to the department or Pennsylvania State Police.

The<-- preclearance(B) systemSoftware <--and providerhardware.--Computer shallsoftware beand responsiblehardware, INCLUDING ANY INFRASTRUCTURE-BASED DEVICES OR TECHNOLOGIES, that <-- is necessary for allthe costsuse of operatingthe andpreclearance maintainingsystem theunder computersubsection software(a) andshall hardware.be made available at no cost to the Pennsylvania State Police.

The preclearance system provider shall be responsible for all costs of operating and maintaining the computer software and hardware.

(1) The computer software and hardware shall meet the requirements of the Federal Motor Carrier Safety Administration for core compliance with the commercial 20210HB1410PN2613 - 3 - vehicle information systems and networks electronic screening truck inspection and weigh station preclearance standards.

The departmentPennsylvania State Police, THE DEPARTMENT OF <-- TRANSPORTATION AND THE PENNSYLVANIA STATETURNPIKE POLICECOMMISSION, AS APPLICABLE, shall have <-- unrestricted access to roadside event data provided by the 20210HB1410PN1883 - 3 - preclearance system under section 4(a) as part of the program, including real-time event data and real-timereal- time sensor data.

The departmentPennsylvania shallState promulgatePolice themay PENNSYLVANIAestablish STATEpolicies, POLICEstandards, <-- MAY ESTABLISH POLICIES, STANDARDS, rules and regulations ASas <-- necessary to implement the provisions of this act, including authorized devices that meet the requirements under section 4(c) 4(B) for use in the program.

SECTION<-- Section 7.

CONSULTATION.Consultation.

<--The THEPennsylvania PENNSYLVANIAState STATEPolice POLICEmay MAYconsult CONSULTwith WITHthe THEDepartment DEPARTMENTof OFTransportation TRANSPORTATIONas ASnecessary NECESSARYfor FORthe THEimplementation IMPLEMENTATIONof OFthis THISact. ACT.

Section 7 8.

<-- This act shall take effect in 180 days.

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