PRINTER'S NO. 2142
No. 1521 Session of 1998
INTRODUCED BY MADIGAN, SEPTEMBER 11, 1998
REFERRED TO TRANSPORTATION, SEPTEMBER 11, 1998
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for the scope of the chapter on
3 size, weight and load, for restrictions on use of highways
4 and bridges and for penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 4901 of Title 75 of the Pennsylvania
8 Consolidated Statutes is amended by adding a subsection to read:
9 § 4901. Scope and application of chapter.
10 * * *
11 (d) Responsibility of local authorities.--Local authorities
12 have the burden and responsibility to properly administer,
13 adhere to and enforce compliance with the requirements of this
14 chapter and the regulations of the department. Failure of a
15 local authority to properly administer, adhere to or enforce the
16 substantive requirements of this chapter and the department's
17 regulations shall subject the local authority to penalties set
18 forth under section 4907 (relating to penalty for violation of
1 chapter).
2 Section 2. Section 4902(a) of Title 75 is amended to read:
3 § 4902. Restrictions on use of highways and bridges.
4 (a) Restrictions based on condition of highway or bridge.--
5 The Commonwealth and local authorities with respect to highways
6 and bridges under their jurisdictions may prohibit the operation
7 of vehicles and may impose restrictions as to the weight or size
8 of vehicles operated upon a highway or bridge whenever they
9 determine by using engineering standards that the highway or
10 bridge may be damaged or destroyed unless use by vehicles is
11 prohibited or the permissible size or weight of vehicles is
12 reduced. School buses, emergency vehicles and vehicles making
13 local deliveries or pickups may be exempted from restrictions on
14 the use of highways imposed under this subsection.
15 * * *
16 Section 3. Section 4907 of Title 75 is amended by adding a
17 subsection to read:
18 § 4907. Penalty for violation of chapter.
19 * * *
20 (e) Failure to properly administer, adhere to and enforce
21 the requirements of this chapter.-- When it is determined in a
22 summary proceeding that a local authority failed to comply with
23 any of the requirements of this chapter or the department's
24 concomitant regulations, the following shall occur:
25 (1) The local authority shall be liable for the costs
26 for scheduling and conducting the proceeding and for the
27 costs incurred to respond to and defend against the charges.
28 The costs shall be assessed by the district justice and
29 payable within 30 days of assessment.
30 (2) That portion of the liquid fuels tax received by the
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1 Treasury Department from the Department of Revenue which is
2 directed by law to be returned to the cities, boroughs,
3 incorporated towns and townships for their road, street and
4 bridge purposes shall be treated as a nonreimbursed cost
5 under the provisions of section 2001.5 of the act of April 9,
6 1929 (P.L.177, No.175), known as The Administrative Code of
7 1929, and shall be held in escrow until the local authority
8 complies with section 4901(d) (relating to scope and
9 application of chapter).
10 (3) The local authority shall notify the department
11 about the determination of noncompliance in order for the
12 department to escrow the allocations of liquid fuels tax
13 revenues in accordance with paragraph (2). If the local
14 authority fails to notify the department before an allocation
15 is made but within 15 days of the determination, it shall
16 return the allocated moneys. If it fails to notify the
17 department by the end of the 15th day after the
18 determination, it shall pay $1,000 to the department for each
19 subsequent day the department has not been notified.
20 Section 4. This act shall take effect in 60 days.
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