PRINTER'S NO. 1638
No. 1396 Session of 1999
INTRODUCED BY FLICK, ARGALL, LAUGHLIN, MASLAND, BARRAR, BELARDI,
BELFANTI, BENNINGHOFF, CAWLEY, CIVERA, CORRIGAN, DeLUCA,
HERSHEY, MANDERINO, McILHATTAN, R. MILLER, RAMOS, READSHAW,
RUBLEY, SEYFERT, STEELMAN, STEIL, STERN, STEVENSON,
E. Z. TAYLOR, TIGUE, WILLIAMS, WILT, WRIGHT, YOUNGBLOOD AND
ZIMMERMAN, APRIL 26, 1999
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 26, 1999
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for maximum speed limits and for
3 the authority to erect traffic-control devices.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3362(a) and (b) of Title 75 of the
7 Pennsylvania Consolidated Statutes, amended December 21, 1998
8 (P.L.1126, No.151), are amended to read:
9 § 3362. Maximum speed limits.
10 (a) General rule.--Except when a special hazard exists that
11 requires lower speed for compliance with section 3361 (relating
12 to driving vehicle at safe speed), the limits specified in this
13 section or established under this subchapter shall be maximum
14 lawful speeds and no person shall drive a vehicle at a speed in
15 excess of the following maximum limits:
16 (1) 35 miles per hour in any urban district.
1 (1.1) 65 miles per hour for all vehicles:
2 (i) on interstate highways outside of urbanized
3 areas of population of 50,000 or more; and
4 (ii) on other freeways where the department has
5 posted a 65-miles-per-hour speed limit in accordance with
6 the provisions of 23 U.S.C. (relating to highways).
7 (1.2) 25 miles per hour in a residence district, if the
8 highway:
9 (i) is not a numbered traffic route; and
10 (ii) is functionally classified by the department as
11 a local highway.
12 (1.3) 25 miles per hour on a portion of a highway
13 determined by the local authority to meet any of the
14 following conditions:
15 (i) the available sight distance on side roads or
16 driveways is less than the minimum stopping sight values
17 specified in department regulations for through vehicles
18 traveling more than 25 miles per hour;
19 (ii) an accident analysis conducted by the local
20 authority based on reports filed with and by police
21 indicates that a majority of accidents are related to
22 pedestrians, driveways, pedalcycles, parked vehicles or
23 excessive speed, and the accident rate exceeds the high-
24 accident rate compiled by the department; or
25 (iii) pedestrian activity and parallel parking
26 frequently occur along the highway, and the highway is
27 used primarily to provide access to residential
28 dwellings.
29 This paragraph does not apply to freeways or highways
30 designated as U.S. traffic routes.
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1 (2) 55 miles per hour in other locations.
2 (3) Any other maximum speed limit established under this
3 subchapter.
4 (b) Posting of speed limit.--
5 (1) No maximum speed limit established under subsection
6 (a)(1), (1.2), (1.3) or (3) shall be effective unless posted
7 on fixed or variable official traffic-control devices erected
8 in accordance with regulations adopted by the department
9 which regulations shall require posting at the beginning and
10 end of each speed zone and at intervals not greater than one-
11 half mile.
12 (2) No maximum speed limit established under subsection
13 (a)(1.1) shall be effective unless posted on fixed or
14 variable official traffic-control devices erected after each
15 interchange on the portion of highway on which the speed
16 limit is in effect and wherever else the department shall
17 determine.
18 * * *
19 Section 2. Section 6122(a) of Title 75 is amended to read:
20 § 6122. Authority to erect traffic-control devices.
21 (a) General rule.--The department on State-designated
22 highways and local authorities on any highway within their
23 boundaries may erect official traffic-control devices, which
24 shall be installed and maintained in conformance with the manual
25 and regulations published by the department upon all highways as
26 required to carry out the provisions of this title or to
27 regulate, restrict, direct, warn, prohibit or guide traffic.
28 (1) Local authorities shall obtain approval of the
29 department prior to erecting an official traffic-control
30 device on a State-designated highway except where department
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1 regulations provide otherwise.
2 (2) Local authorities shall obtain approval of the
3 department prior to erecting any traffic signal except in a
4 municipality with a traffic engineer qualified in accordance
5 with department regulations.
6 (3) Notwithstanding any other provision of this title,
7 where a need exists for the installation of a traffic-control
8 signal on a State-designated highway on or near the boundary
9 of two adjoining municipalities, one of the municipalities
10 may seek approval of the department for installation of the
11 traffic-control signal if the municipality making the request
12 agrees to pay the costs of installation, maintenance and
13 operation of the traffic-control signal. The department shall
14 not require the consent or agreement of the adjoining
15 municipality before approving the installation of a traffic-
16 control signal under this paragraph.
17 * * *
18 Section 3. This act shall take effect in 90 days.
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