|Posted:||February 11, 2021 10:18 AM|
|From:||Representative Brett R. Miller|
|To:||All House members|
|Subject:||Municipal Relief from Duplicative Special Event Requirements|
|In the near future, I will be introducing legislation that will amend Title 75 (Vehicles) to prohibit the Department of Transportation from requiring municipalities to indemnify the Department as a condition for approving special event permits for third party sponsored events when the third party has already provided indemnification to the Department.
In 2006 the Department published a regulation that requires an applicant for a special permit to use a state road for a special event to, among other things, obtain liability insurance and provide a statement that the sponsor will “fully indemnify, save harmless and, if requested, defend the Commonwealth, Commonwealth departments, and their officers, agents and employees from and against claims, suits or actions for injury, death or property damage.” Additionally, the regulation also requires the municipality in which the event is located to provide the same statement to fully indemnify, save harmless, and defend the Department against such suits.
For many years the Department did not enforce this duplicative requirement on municipalities, however they have stated that they will now start enforcing it. Because most municipalities, on advice of their solicitors and insurance providers, are unwilling to indemnify a third party, this requirement will likely have negative impacts on events, such as parades, festivals, charity races, etc., - any event – that might utilize even a small section of a state road anywhere in the Commonwealth.
This legislation will remove the duplicative municipal indemnification statement as a requirement for receiving a special event permit as long as the event sponsor satisfies all other legal requirements, such as acquiring the required liability insurance and providing an indemnification statement. The municipality must still approve the special event and agree to provide any detour requirements to reroute the traffic if requested by the Department.
Please join me in sponsoring this legislation to ensure that special events that utilize a state road will still be able to be held across the Pennsylvania.
Introduced as HB765