PRINTER'S NO. 2021

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1586 Session of 1985


        INTRODUCED BY LUCYK, BATTISTO, GEORGE, BALDWIN AND FOX, JUNE 28,
           1985

        REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 28, 1985

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing that local authorities may
     3     regulate certain vehicles carrying hazardous materials.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 6109(a) of Title 75 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 6109.  Specific powers of department and local authorities.
     9     (a)  Enumeration of police powers.--The provisions of this
    10  title shall not be deemed to prevent the department on State-
    11  designated highways and local authorities on streets or highways
    12  within their physical boundaries from the reasonable exercise of
    13  their police powers. The following are presumed to be reasonable
    14  exercises of police power:
    15         (1)  Regulating or prohibiting stopping, standing or
    16     parking.
    17         (2)  Regulating traffic by means of police officers or
    18     official traffic-control devices.

     1         (3)  Regulating or prohibiting processions or assemblages
     2     on highways.
     3         (4)  Designating particular highways or roadways for use
     4     by traffic moving in one direction as authorized in section
     5     3308 (relating to one-way roadways and rotary traffic
     6     islands).
     7         (5)  Establishing speed limits for vehicles in public
     8     parks.
     9         (6)  Designating any highway as a through highway or
    10     designating any intersection or junction of roadways as a
    11     stop or yield intersection or junction.
    12         (7)  Prohibiting or restricting the use of highways at
    13     particular places or by particular classes of vehicles
    14     whenever the highway [or], portion of the highway or area or
    15     neighborhood adjacent to the highway may be seriously damaged
    16     by the use or whenever the movement of the vehicles or their
    17     cargo would constitute a safety hazard. As used in this
    18     paragraph the term "cargo" includes, but is not limited to,
    19     hazardous waste.
    20         (8)  Regulating the operation of pedalcycles and
    21     requiring their registration and inspection, and the payment
    22     of a reasonable registration fee.
    23         (9)  Regulating or prohibiting the turning of vehicles or
    24     specified types of vehicles as authorized in section 3331
    25     (relating to required position and method of turning).
    26         (10)  Altering or establishing speed limits as authorized
    27     in Subchapter F of Chapter 33 (relating to speed
    28     restrictions).
    29         (11)  Enforcement of speed restrictions authorized under
    30     Subchapter F of Chapter 33, except that speed restrictions
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     1     may be enforced by local police on a limited access or
     2     divided highway only if it is patrolled by the local police
     3     force under the terms of an agreement with the Pennsylvania
     4     State Police.
     5         (12)  Designating no-passing zones as authorized in
     6     section 3307 (relating to no-passing zones).
     7         (13)  Prohibiting or regulating the use of designated
     8     streets by any class or kind of traffic.
     9         (14)  Establishing minimum speed limits as authorized in
    10     section 3364 (relating to minimum speed regulation).
    11         (15)  Regulating and temporarily prohibiting traffic on
    12     streets closed or restricted for construction, maintenance or
    13     special events.
    14         (16)  Prohibiting pedestrians from crossing a roadway in
    15     a business district or any designated highway except in a
    16     crosswalk.
    17         (17)  Restricting pedestrian crossings at unmarked
    18     crosswalks.
    19         (18)  Regulating persons propelling push carts.
    20         (19)  Regulating persons upon skates, coasters, sleds and
    21     other toy vehicles.
    22         (20)  Adopting and enforcing such temporary or
    23     experimental regulations as may be necessary to cover
    24     emergencies or special conditions.
    25         (21)  Regulating the operation of streetcars, the passing
    26     of streetcars by other vehicles and the driving upon
    27     streetcar tracks by other vehicles.
    28         (22)  Providing for and establishing procedures governing
    29     the removal and impounding of any vehicle parked on the
    30     highways or public property of the local authority in
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     1     violation of any local ordinance adopted pursuant to the
     2     authority of this title or of any of the provisions of this
     3     title.
     4         (23)  Adopting such other traffic regulations as are
     5     specifically authorized by this title.
     6     * * *
     7     Section 2.  This act shall take effect in 60 days.
















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