PRINTER'S NO. 1595
No. 1445 Session of 1993
INTRODUCED BY DALEY, STISH, TRELLO AND GEIST, APRIL 27, 1993
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 27, 1993
AN ACT
1 Amending the act of June 1, 1945 (P.L.1242, No.428), entitled
2 "An act relating to roads, streets, highways and bridges;
3 amending, revising, consolidating and changing the laws
4 administered by the Secretary of Highways and by the
5 Department of Highways relating thereto," further providing
6 for detours in emergency circumstances.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 423 of the act of June 1, 1945 (P.L.1242,
10 No.428), known as the State Highway Law, is amended to read:
11 Section 423. Detours.--(a) When any State highway shall be
12 closed, it shall be the duty of the department to immediately
13 designate or lay out a detour, on which it shall erect or cause
14 to be created and maintained, while such detour is in use,
15 legible signs [at each public road intersection] as required to
16 provide adequate guidance to drivers throughout its entire
17 length, indicating the direction [to the main highway.] back to
18 the highway being detoured.
19 (b) The duty upon the department to lay out a detour and
20 sign when any State highway is closed is not applicable in the
1 case of emergencies wherein the safety of the public would be
2 endangered or if all of the following conditions exist:
3 (1) The highway to be closed is a low-volume highway (1,200
4 average daily traffic or less).
5 (2) The highway to be closed is not a numbered traffic
6 route.
7 (3) The local news media, local authorities and emergency
8 agencies have been given adequate advance notice of the highway
9 closure.
10 (4) Local access and emergency vehicle access is maintained
11 when physically possible.
12 (c) During the period when such detour is in use, it shall
13 be the duty of the department to maintain such detour in safe
14 and passable condition. It shall also be the duty of the
15 department to remove all detour signs [immediately] as soon as
16 possible upon the opening for traffic of the highway originally
17 closed. The department shall, as soon as possible, repair the
18 road designated as a detour, and place same in a condition at
19 least equal to its condition when designated as a detour.
20 Whenever necessary in the creation of a detour, the department
21 may enter into agreement with the owners of private lands,
22 covering the acquisition of right of way privileges over private
23 property for the period when the [main] highway shall be closed
24 to traffic. In case no agreement satisfactory to the parties can
25 be reached, the department may proceed with the construction of
26 the same, and either the department or the owner of the property
27 occupied may petition the court for the appointment of viewers
28 to ascertain the damages, if any, in the [same] manner [as]
29 provided by [Article III of this act.] the act of June 22, 1964
30 (Sp.Sess., P.L.84, No.6), known as the Eminent Domain Code.
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1 Section 2. This act shall take effect immediately.
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