PRINTER'S NO. 2039
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1354
Session of
2015
INTRODUCED BY YAW, TEPLITZ, GORDNER, RAFFERTY, BARTOLOTTA,
YUDICHAK, BROWNE AND WARD, AUGUST 30, 2016
REFERRED TO TRANSPORTATION, AUGUST 30, 2016
AN ACT
Authorizing the Department of Transportation to erect fencing on
certain State-owned bridges.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Bridge
Fencing Safety Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Bridge." A State-owned, new or existing bridge under the
jurisdiction of the department.
"Department." The Department of Transportation of the
Commonwealth.
"Limited access highway." As defined in 75 Pa.C.S. ยง 102
(relating to definitions).
Section 3. Bridges over interstate and other limited access
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highways.
(a) Bridges with sidewalks.--When a bridge is built with a
sidewalk or when a concrete barrier is installed, modified or
rehabilitated on a bridge with a sidewalk over an interstate or
other limited access highway, the department shall install
protective fencing.
(b) Bridges without sidewalks.--When a bridge is built
without a sidewalk or when a concrete barrier is installed,
modified or rehabilitated on a bridge without a sidewalk over an
interstate or other limited access highway, the department, as
part of its preliminary design process, shall consider
protective fencing at all of the following locations:
(1) On an overpass near a school, playground or other
site where it would be expected that the overpass would be
frequently used by children.
(2) On an overpass in an urban area used exclusively by
pedestrians and not easily kept under surveillance by police.
(3) On an overpass where experience relating to nearby
structures indicates a need for protective fencing.
(4) On an overpass where there have been incidents of
objects being dropped or thrown from the overpass and where
increased surveillance, warning signs or apprehension of
offenders has not effectively alleviated the problem.
(c) Exceptions.--The provisions of subsection (a) shall not
apply if:
(1) a protective barrier is required on the bridge; or
(2) the fencing would obstruct scenic views of the area
and the local government for the municipality in which the
bridge is located:
(i) decides that fencing must not be placed on the
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bridge;
(ii) provides a statement to the department that
there have been no incidents of objects being dropped
from the bridge onto traffic; and
(iii) agrees that local law enforcement will monitor
the bridge.
Section 4. Bridges over nonlimited access highways.
The department, as part of its preliminary design process,
shall consider protective fencing at all of the following
locations on bridges over nonlimited access highways:
(1) On an overpass near a school, playground or other
site where it would be expected that the overpass would be
frequently used by children.
(2) On an overpass in an urban area used exclusively by
pedestrians and not easily kept under surveillance by police.
(3) On an overpass with a sidewalk, where experience
relating to nearby structures indicates a need for protective
fencing.
(4) On an overpass where there have been incidents of
objects being dropped or thrown from the overpass and where
increased surveillance, warning signs or apprehension of
offenders has not effectively alleviated the problem.
Section 5. Effective date.
This act shall take effect immediately.
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