PRINTER'S NO. 3412
No. 2642 Session of 1994
INTRODUCED BY PITTS, E. Z. TAYLOR, HERSHEY, HENNESSEY, GERLACH,
RUBLEY, FICHTER, B. SMITH, FLICK AND TRUE, MARCH 23, 1994
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 23, 1994
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for traffic and engineering
3 investigations and for specific powers of the Department of
4 Transportation and local authorities.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 6105 and 6109(d) and (e) of Title 75 of
8 the Pennsylvania Consolidated Statutes are amended to read:
9 § 6105. Department to prescribe traffic and engineering
10 investigations.
11 (a) General rule.--The department may establish by
12 regulation the manner in which traffic and engineering
13 investigations shall be carried out. The department may specify
14 particular actions which require traffic and engineering
15 investigations. No action shall become effective until the
16 investigation has been properly completed.
17 (b) Presumption unaffected.--Subsection (a) shall not be
18 construed to affect the validity of any action taken by local
19 authorities under section 6109(e) (relating to specific powers
1 of department and local authorities).
2 § 6109. Specific powers of department and local authorities.
3 * * *
4 [(d) Prior approval by department.--Notwithstanding the
5 provisions of subsection (a), the department may require local
6 authorities to obtain department approval in advance of
7 regulating traffic on State-designated highways within their
8 physical boundaries.
9 (e) Engineering and traffic investigation required.--Action
10 by local authorities under this section shall be taken only
11 after completing an engineering and traffic investigation when
12 and in such manner as required by regulations promulgated by the
13 department.]
14 (e) Presumption regarding local action.--Action by local
15 authorities under this section to alleviate a hazardous or
16 potentially hazardous condition shall be presumed to be
17 necessary and proper. If, within 90 days after local authorities
18 have taken action, the department fails to complete an
19 engineering and traffic investigation which establishes that the
20 action taken by local authorities was unreasonable, the
21 department shall not contest the action.
22 * * *
23 Section 2. This act shall take effect in 60 days.
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