Title 67--TRANSPORTATION DEPARTMENT OF TRANSPORTATION [67 PA. CODE CH. 179] Notice of Waiver of 67 Pa. Code § 179.11(a)(1) [30 Pa.B. 3051] This notice pertains to the use of antisway devices on certain modular housing undercarriages or mobile homes under 67 Pa. Code § 179.11(a)(1). On November 23, 1999, the Pennsylvania Manufactured Housing Association (PMHA) filed an administrative action with the Department of Transportation (Department) under 1 Pa. Code § 35.18 requesting waiver or repeal of certain portions of 67 Pa. Code § 179.11. The matter was captioned as ''In re: Pennsylvania Manufactured Housing Association, Request for Waiver or Repeal of Certain Portions of 67 Pa. Code § 179.11'' and was docketed at No. 038 A.D. 1999 in the Department's administrative docket. In its action, PMHA asserted that the regulation, which requires that in certain circumstances the towing hitch mechanism of a modular housing undercarriage or mobile home be equipped with antisway devices, was not in conformity with the Vehicle Code and an unreasonable burden upon vehicle operators, without offering any appreciable safety value. At the scheduled hearing, the Department entered into a stipulation of agreement, which is being published under the Order dated May 30, 2000, by the Department of Transportation Hearing Officer, and filed on June 2, 2000.
In the instant action, PMHA has filed an administrative action under 1 Pa. Code § 35.18 requesting waiver or repeal of certain portions of 67 Pa. Code § 179.11. The applicable regulation, in relevant part states:
§ 179.11. Special vehicle--load restrictions.
(a) Movement of mobile homes, modular housing units and undercarriages. A mobile home, modular housing unit or modular housing undercarriage that does not exceed 80 feet in body length, 14 feet in width--except as authorized in paragraph (3)--and 14 feet, 6 inches, in height may be transported upon the highway subject to the following requirements:
(1) The towing hitch mechanism of a modular housing undercarriage or mobile home shall be equipped with two antisway devices whenever the total width exceeds 13 feet, unless operating on a highway section having a posted speed below 40 miles per hour. A modular housing undercarriage or mobile home which has at least four tandem axles with brakes on each wheel may operate on any highway without antisway devises.
* * * * * PMHA has explained to the Department that due to the present configuration and weight of most power units, the regulation places an unreasonable burden upon vehicle operators, without offering any appreciable safety value. The Department has considered the petition and although it does not agree that the burden is unreasonable, it concurs that the intent of the regulation can be met without the requirement of antisway devices, provided that the power units meet certain standards.
Accordingly, under its regulatory authority, the Department waives the requirements of 67 Pa. Code § 179.11(a)(1) in those instances when a modular housing undercarriage or mobile home is towed by a power unit, which employs a hitching device, which when used in a combination of vehicles, is designed, constructed and installed in a manner that the towed modular housing undercarriage or mobile home does not shift or swerve more than 6 inches to either side of the path of the power unit while the power unit is moving in a straight line on a level, smoothed paved surface.
Questions, suggestions or comments may be directed to Barbara A. Darkes, Assistant Counsel in Charge, Motor Vehicle Section, Office of Chief Counsel, Department of Transportation, 3rd Floor, Riverfront Office Center, Harrisburg, PA 17104-2516, (717) 787-2830, Telefax: (717) 705-1122.
BRADLEY L. MALLORY,
Secretary[Pa.B. Doc. No. 00-1041. Filed for public inspection June 16, 2000, 9:00 a.m.]
