PRINTER'S NO. 3622
No. 2685 Session of 1982
INTRODUCED BY LLOYD, HALUSKA AND DeWEESE, SEPTEMBER 22, 1982
REFERRED TO COMMITTEE ON TRANSPORTATION, SEPTEMBER 22, 1982
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further regulating highway maintenance.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 4902 of Title 75, act of November 25,
6 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
7 Statutes, is amended by adding subsections to read:
8 Section 4902. Restrictions on use of highways and bridges.
9 * * *
10 (c.1) Assumption of normal maintenance responsibility.--
11 Notwithstanding any provisions to the contrary in the act of
12 June 1, 1945 (P.L.1242, No.428), as amended, known as the "State
13 Highway Law," the Commonwealth and any person, firm or
14 corporation seeking a permit pursuant to subsection (c) may,
15 without competitive bidding, enter an agreement whereby:
16 (1) the permittee agrees to provide whatever security
17 would otherwise be required pursuant to subsection (c) and to
1 perform normal and excess maintenance of the posted highway
2 to which the permit applies and the Commonwealth agrees to
3 reimburse the permittee on a specified periodic basis for
4 normal maintenance performed by the permittee, such
5 reimbursement to be in an amount not to exceed the amount the
6 Commonwealth estimates as its cost of performing normal
7 maintenance of that posted road; or
8 (2) the permittee agrees to perform normal and excess
9 maintenance of the posted highway to which the permit applies
10 and the Commonwealth agrees to waive any requirement for
11 security which would otherwise be imposed pursuant to
12 subsection (c) to cover the cost of excess maintenance.
13 (c.2) Termination of agreements.--If either the permittee or
14 the Commonwealth fails to substantially comply with an agreement
15 entered pursuant to subsection (c.1), the other party may
16 terminate the agreement, in which case the Commonwealth shall
17 thereafter perform normal maintenance and the permittee shall
18 perform excess maintenance and provide whatever security the
19 Commonwealth requires pursuant to subsection (c) less any amount
20 owed but not paid to the permittee for normal maintenance
21 performed prior to termination of the agreement.
22 (c.3) Definitions.--As used in subsections (c.1) and (c.2),
23 the following words and phrases shall have the meanings given to
24 them in this subsection:
25 "Excess maintenance." The maintenance or restoration, or
26 both, of the roadway, shoulders and drainage facilities of a
27 posted highway in excess of normal maintenance which excess is
28 necessitated by the movement of over-posted-weight vehicles over
29 such highway. "Excess maintenance" shall not include maintenance
30 or restoration which would improve the roadways, shoulders or
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1 drainage facilities to a state of repair better than the state
2 of repair existing as of the date of a joint inspection by the
3 Commonwealth and the applicant for a permit before issuance of
4 that permit pursuant to subsection (c) and shall not include
5 snow and ice removal.
6 "Normal maintenance." The usual and typical activities
7 necessary to maintain the roadway, shoulders and drainage
8 facilities of a posted highway in the state of repair existing
9 as of the date of a joint inspection by the Commonwealth and the
10 applicant for a permit before issuance of that permit pursuant
11 to subsection (c). "Normal maintenance" shall not include snow
12 and ice removal.
13 "Over-posted-weight vehicle." A vehicle or combination
14 operating upon a posted highway and having a gross weight
15 greater than the weight restriction imposed upon that highway
16 pursuant to this section.
17 "Posted highway." A highway under the jurisdiction of the
18 Commonwealth which is restricted pursuant to this section as to
19 the weight or size of vehicles operated upon it.
20 * * *
21 Section 2. This act shall take effect in 60 days.
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