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                                                       PRINTER'S NO. 407

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 369 Session of 2007


        INTRODUCED BY GREENLEAF, EARLL, RHOADES, C. WILLIAMS, BOSCOLA,
           COSTA, ERICKSON, VANCE, TARTAGLIONE, BROWNE AND WONDERLING,
           MARCH 12, 2007

        REFERRED TO TRANSPORTATION, MARCH 12, 2007

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for restrictions on use of
     3     limited access highways, for maximum speed limits, for
     4     alteration of maximum speed limits and for regulation of
     5     traffic on the Pennsylvania Turnpike.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Sections 3313(d), 3362(a), 3363 and 6110(a) and
     9  (a.1) of Title 75 of the Pennsylvania Consolidated Statutes are
    10  amended to read:
    11  § 3313.  Restrictions on use of limited access highways.
    12     * * *
    13     (d)  Driving in right lane.--
    14         (1)  Except as provided in [paragraph (2)] paragraphs (2)
    15     and (3) and unless otherwise posted, upon all limited access
    16     highways having two or more lanes for traffic moving in the
    17     same direction, all vehicles shall be driven in the right-
    18     hand lanes when available for traffic except when any of the
    19     following conditions exist:

     1             (i)  When overtaking and passing another vehicle
     2         proceeding in the same direction.
     3             (ii)  When traveling at a speed greater than the
     4         traffic flow.
     5             (iii)  When moving left to allow traffic to merge.
     6             (iv)  When preparing for a left turn at an
     7         intersection, exit or into a private road or driveway
     8         when such left turn is legally permitted.
     9         (2)  Unless otherwise posted, no vehicle or combination
    10     over 10,000 pounds may be driven in the left-hand lane of a
    11     limited access highway having three or more lanes for traffic
    12     moving in the same direction except when preparing for a left
    13     turn at an intersection, an exit or into a private road or
    14     driveway when such left turn is legally permitted.
    15         (3)  Notwithstanding the provisions of paragraph (2), no
    16     truck having a registered gross weight of more than 26,000
    17     pounds may be driven in any lane other than the right lane of
    18     a limited access highway except when preparing for an exit
    19     which requires a left turn.
    20  § 3362.  Maximum speed limits.
    21     (a)  General rule.--Except when a special hazard exists that
    22  requires lower speed for compliance with section 3361 (relating
    23  to driving vehicle at safe speed), the limits specified in this
    24  section or established under this subchapter shall be maximum
    25  lawful speeds and no person shall drive a vehicle at a speed in
    26  excess of the following maximum limits:
    27         (1)  35 miles per hour in any urban district.
    28         (1.1)  65 miles per hour for all vehicles on freeways
    29     where the department has posted a 65-miles-per-hour speed
    30     limit, except the maximum speed for trucks having a
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     1     registered gross weight of more than 26,000 pounds shall be
     2     60 miles per hour.
     3         (1.2)  25 miles per hour in a residence district if the
     4     highway:
     5             (i)  is not a numbered traffic route; and
     6             (ii)  is functionally classified by the department as
     7         a local highway.
     8         (2)  55 miles per hour in other locations.
     9         (3)  Any other maximum speed limit established under this
    10     subchapter.
    11     * * *
    12  § 3363.  Alteration of maximum limits.
    13     On highways under their respective jurisdictions, local
    14  authorities subject to section 6109(e) (relating to specific
    15  powers of department and local authorities) or the department,
    16  upon the basis of an engineering and traffic investigation, may
    17  determine that the maximum speed permitted under this subchapter
    18  is greater or less than is reasonable and safe under the
    19  conditions found to exist upon any such highway or part thereof
    20  and establish a reasonable and safe maximum limit. The maximum
    21  speed limit may be made effective at all times or at times
    22  indicated and may vary for different weather conditions and
    23  other factors bearing on safe speeds. No maximum speed greater
    24  than 55 miles per hour shall be established under this section
    25  except on highways listed in section 3362(a)(1.1) (relating to
    26  maximum speed limits), where the maximum speed for all vehicles
    27  shall not be greater than 65 miles per hour, except the maximum
    28  speed for trucks having a registered gross weight of more than
    29  26,000 pounds shall be 60 miles per hour.
    30  § 6110.  Regulation of traffic on Pennsylvania Turnpike.
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     1     (a)  General rule.--
     2         (1)  The provisions of this title apply upon any turnpike
     3     or highway under the supervision and control of the
     4     Pennsylvania Turnpike Commission unless specifically modified
     5     by rules and regulations promulgated by the commission which
     6     shall become effective only upon publication in accordance
     7     with law. A copy of the rules and regulations, so long as
     8     they are effective, shall be posted at all entrances to the
     9     turnpike or highway for the inspection of persons using the
    10     turnpike or highway.
    11         (2)  (i)  This section does not authorize the
    12         establishment of a maximum speed limit greater than 55
    13         miles per hour, except that a 65-miles-per-hour maximum
    14         speed limit for all vehicles may be established where the
    15         commission has posted a 65-miles-per-hour speed limit[.]
    16         and in such cases the maximum speed for trucks having a
    17         registered gross weight of more than 26,000 pounds shall
    18         be 60 miles per hour.
    19             (ii)  This section also does not authorize the
    20         establishment of rules and regulations inconsistent with
    21         section 3313(d)(3) (relating to restrictions on use of
    22         limited access highways).
    23     (a.1)  Posting.--No maximum speed limit established under
    24  subsection [(a)(1) or (2)] (a) shall be effective unless posted
    25  on fixed or variable official traffic-control devices erected
    26  after each interchange on the portion of highway on which the
    27  speed limit is in effect and wherever else the commission shall
    28  determine.
    29     * * *
    30     Section 2.  This act shall take effect in 60 days.
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