PRINTER'S NO. 1198
No. 1040 Session of 1985
INTRODUCED BY O'DONNELL, LASHINGER, D. R. WRIGHT, ITKIN, BARLEY,
SAURMAN, PISTELLA, KUKOVICH, JOHNSON, MRKONIC, COWELL,
STEIGHNER, BELFANTI, STABACK, DeLUCA, ARTY, J. J. TAYLOR,
ACOSTA, CIMINI, RAYMOND, BOOK, AFFLERBACH, LEVIN, MORRIS,
HAGARTY, WESTON, PRESTON, DALEY, PERZEL, GRUPPO, WOGAN,
WIGGINS, E. Z. TAYLOR, KOSINSKI, GALLAGHER, BLAUM, POTT,
BALDWIN, MAIALE, PRATT, GANNON, MACKOWSKI, CIVERA, DISTLER,
FOX, BELARDI, FISCHER, NAHILL, RYBAK, McHALE, MICOZZIE,
LANGTRY, D. W. SNYDER AND HOWLETT, APRIL 29, 1985
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 29, 1985
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for authority to erect traffic-
3 control devices.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6122 of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6122. Authority to erect traffic-control devices.
9 (a) General rule.--The department on State-designated
10 highways and local authorities on any highway within their
11 boundaries may erect official traffic-control devices, which
12 shall be [installed and] maintained in conformance with the
13 manual and regulations published by the department upon all
14 highways as required to carry out the provisions of this title
15 or to regulate, restrict, direct, warn, prohibit or guide
1 traffic.
2 [(1)] Local authorities shall obtain approval of the
3 department prior to erecting an official traffic-control
4 device on a State-designated highway except where department
5 regulations provide otherwise.
6 [(2) Local authorities shall obtain approval of the
7 department prior to erecting any traffic signal except in a
8 municipality with a traffic engineer qualified in accordance
9 with department regulations.]
10 (b) Standards for department approval.--The department shall
11 promulgate rules and regulations setting forth minimum standards
12 and factors to be considered in determining whether approval
13 shall be given by the department for the installation and
14 maintenance of official traffic-control devices by local
15 authorities on State-designated highways within their
16 boundaries. The factors shall include, but not be limited to,
17 the volume of traffic and the number of accidents that occurred
18 in each of the three preceding years.
19 (c) Agreements to waive department approval.--The department
20 may enter into agreements with local authorities transferring to
21 them the authority to install official traffic-control devices
22 on State-designated highways within their boundaries without
23 specific State approval provided they conduct traffic and
24 engineering investigations which conform with the rules and
25 regulations promulgated by the department.
26 (d) Signals on municipal boundaries.--Whenever the need
27 arises for the installation of a traffic-control signal on or
28 near the boundary of two political subdivisions adjoining each
29 other so as to be beneficial to both, [either may petition the
30 department for authority to install the signal. If] and if the
19850H1040B1198 - 2 -
1 political subdivisions cannot amicably agree upon the need or an
2 allocation of the costs of installation and maintenance of the
3 signal, either may petition the court of common pleas of the
4 county in which the traffic-control signal is to be installed
5 within 90 days after receiving the approval of the department
6 and the court shall determine the need or proper allocation of
7 the expenses to be incurred. The political subdivision that
8 originated the request to the department shall install the
9 traffic-control signal within 90 days of the date of the court
10 order or of an amicable agreement between the political
11 subdivisions.
12 Section 2. This act shall take effect in 60 days.
D2L75DGS/19850H1040B1198 - 3 -