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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1717 - Controller

§ 1717. Controller.
The board shall appoint a controller who shall not be a member of the board to hold office at the pleasure of the board and shall fix his compensation. The controller shall consult with, advise and assist the board on financial and accounting matters, including, but not limited to, the authority's system of internal controls, financial reports, current financial condition and such other financial and accounting matters which the board may deem appropriate. The controller shall submit an annual report of the authority's financial condition which shall be in addition to any other financial report required by this chapter to the board, the general manager and the Secretary of Transportation. The controller shall execute a corporate surety bond and, before entering upon the duties of his office, shall take and subscribe the constitutional oath of office.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1718 - Signatures

§ 1718. Signatures.
(a) Facsimile signatures.--
Whenever the business of the authority requires the affixing of the signature of any officer or employee of the authority, the use of a facsimile signature, when expressly authorized by resolution of the board, shall have the same force and effect as an original signature.
(b) Signatures of officers ceasing to hold office.--
In case any officer whose signature appears upon any check, draft, bond, certificate or interest coupon issued under this chapter ceases to hold office before the delivery thereof to the payee or the purchaser of any bond or certificate, the officer's signature, nevertheless, shall be valid and sufficient for all purposes with the same effect as if he had remained in office until delivery thereof.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1719 - General manager

§ 1719. General manager.
The board shall appoint a general manager, who shall be the chief operations officer of the authority and who shall have demonstrated that he is competent and experienced in the area of transit management, and shall fix his compensation. The general manager shall have the power and duty to:
(1) Manage the properties of the authority.
(2) Attend to the day-to-day administration, fiscal management and operation of the authority's business.
(3) Appoint such employees as he deems necessary to conduct the affairs of his office, subject to the provisions of this chapter.
(4) Implement and enforce all resolutions, rules and regulations of the board.
(5) Submit to the board, according to a schedule established by it, periodic reports showing the overall state or condition of the transportation system according to established industry performance standards. These reports shall be considered public records.
(6) Implement policies established by the board.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1720 - Treasurer

§ 1720. Treasurer.
The general manager shall appoint a treasurer to hold office at his pleasure. In addition to the duties imposed on the treasurer by this chapter, the treasurer shall perform such other duties as the general manager shall prescribe. The treasurer shall execute a corporate surety bond and, before entering upon the duties of his office, shall take and subscribe the constitutional oath of office.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1721 - Counsel to the board

§ 1721. Counsel to the board.
The board shall appoint a counsel to the board, who shall be an attorney at law admitted to practice before the Supreme Court of Pennsylvania and who shall be appointed by the board to serve at its discretion. The board shall pay the counsel to the board reasonable compensation for services actually performed. The counsel to the board shall advise the board in all matters relating to its official duties and shall, notwithstanding any other provision of this chapter, approve all matters relating to bonds and indentures.
Cross References.
Section 1721 is referred to in section 1722 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1722 - Legal division and general counsel

§ 1722. Legal division and general counsel.
(a) Legal division.--
The general manager shall establish a legal division which shall be administered by a full-time general counsel, who shall be an attorney at law admitted to practice before the Supreme Court of Pennsylvania and who shall be appointed by the general manager to serve at his or her pleasure. The legal division, in addition to the general counsel, shall consist of those attorneys and other employees as the general counsel shall, from time to time, determine to be necessary and who shall be appointed by the general manager. Except as provided in section 1721 (relating to counsel to the board), the legal division shall administer the legal affairs of the authority, shall prosecute and defend, settle or compromise all suits or claims for and on behalf of the authority and shall advise the general manager in all matters relating to his or her official duties. The authority shall not be considered either an executive agency or an independent agency for the purpose of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, but shall possess the same status for such purpose as the Auditor General, the State Treasurer and the Pennsylvania Public Utility Commission, except that the provisions of section 204(b) and (f) of the Commonwealth Attorneys Act shall not apply to the authority and, notwithstanding the provisions of 42 Pa.C.S. § 8525 (relating to legal assistance), the authority through its counsel shall defend actions brought against the authority and its officers and employees when acting within the scope of their official duties.
(b) Other counsel.--
The general counsel may, from time to time, with the approval of the general manager, retain such other legal counsel on such terms and for such purposes as shall be deemed by the general manager to be necessary or in cases where the needs of the authority would be better served. Nothing in this section or in section 1721 shall be construed so as to limit the power of the legal or other officers of the counties and municipalities comprising the metropolitan area to act in behalf of the general manager in their official capacities when requested to do so by the general manager.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1723 - Other employees

§ 1723. Other employees.
(a) Collective bargaining.--
The board acting through the general manager shall have the right to bargain collectively and enter into agreements with labor organizations. The board acting through the general manager shall recognize and be bound by existing labor union agreements where they exist between labor unions and transportation companies that are acquired, purchased, condemned or leased by the board. It shall designate their duties and require bonds of those of them as the board may designate.
(b) Compensation.--
The compensation of the general manager, counsel to the board, secretary and controller shall be fixed by the board. For all other officers, employees, attorneys, engineers, consultants and agents, the board shall establish salary scales. The general manager shall establish, within these salary scales, compensation levels based upon written appraisals of performance for all employees under his control. The secretary and the controller shall establish, within these salary scales, compensation levels based upon written appraisals of performance for all employees in their respective offices.
(c) Other offices or employment.--
With the exception of the secretary, any of the officers and employees described in subsection (b) may be appointed, retained, hired or employed on a part-time basis and may be engaged in other business or professional activities. No salaried executive officer of the authority shall hold any other office in or be an employee of the Federal, State or any county or municipal government except an office or employment without compensation or an office in the military reserve or National Guard.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1725 - Public hearings

§ 1725. Public hearings.
(a) Conduct.--
All public hearings required by this chapter shall be conducted so as to insure that:
(1) Members of the public are afforded a reasonable opportunity to comment orally or in writing or both orally and in writing concerning actions the authority proposes to take.
(2) The site of the hearing is a convenient, accessible location.
(3) Members of the public are adequately informed at the outset regarding the purposes of the hearing and the matters on the agenda.
(4) Reasonable and legitimate questions from members of the public are answered.
(b) Decrease in service.--
Whenever a decrease in service is proposed, a public hearing shall be conducted in accordance with this section in the area affected by the proposed decrease in service.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1727 - Investigations and subpoenas

§ 1727. Investigations and subpoenas.
(a) Procedure.--
The board may investigate all means of transportation and the management thereof, the enforcement of its resolutions, rules and regulations and the action, conduct and efficiency of all officers, agents and employees of the authority. In the conduct of investigations, the board may hold public hearings on its own motion and shall do so on complaint or petition of any municipality in the metropolitan area. Each member of the board shall have power to administer oaths, and the secretary, by order of the board, shall issue subpoenas to secure the attendance and testimony of witnesses and the production of books and papers relevant to investigations and to any hearing before the board or any member thereof, or any officers' committee or employees' committee, appointed by the board to hear any complaint of an officer or employee who has been discharged or demoted.
(b) Enforcement.--
Any court of record of this Commonwealth or any judge thereof, either in term time or vacation, upon application of the board or any member thereof may, in his discretion, compel the attendance of witnesses, the production of books and papers and giving of testimony before the board or before any member thereof or any officers' committee or employees' committee appointed by the board by attachment for contempt or otherwise in the same manner as the production of evidence may be compelled before the court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1728 - Conflicts of interest

§ 1728. Conflicts of interest.
Every member of the board and every employee of the authority shall be subject to the act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act, and the act of October 4, 1978 (P.L.883, No.170), referred to as the Public Official and Employee Ethics Law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1743 - Power to contract with public utilities

§ 1743. Power to contract with public utilities.
The authority shall have power to enter into agreements with any public utility operating a railroad or any other transportation facility, either within or without the metropolitan area, for the joint use of any property of the authority or public utility or the establishment of through routes, joint fares and transfer of passengers. The authority shall have power to enter into agreements with any public utility, either within or without the metropolitan area, which in the judgment of the authority are necessary and convenient for carrying out the purposes of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1745 - Use of ways occupied by passenger utilities

§ 1745. Use of ways occupied by passenger utilities.
The authority shall not have the right to use any street or public way occupied prior to January 15, 1964, by a public utility engaged in local passenger transportation for a competing purpose without the agreement of the public utility.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1746 - Transfer of records by Pennsylvania Public Utility Commission

§ 1746. Transfer of records by Pennsylvania Public Utility Commission.
In case the authority acquires the plant, equipment, property and rights in property of any public utility used or useful in the operation of a transportation system, the Pennsylvania Public Utility Commission shall transfer and deliver to the board, upon its demand, in writing all books, papers and records in control of the commission affecting the public utility exclusively.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1748 - Transfers of facilities or things of value to any authority

§ 1748. Transfers of facilities or things of value to any authority.
Any person may and is hereby authorized to sell, lease, lend, grant, convey, transfer or pay over to any authority, with or without consideration, any project or any part or parts thereof, or any interest in real or personal property or any funds available for building construction or improvement purposes, including the proceeds of bonds previously or hereafter issued for building construction or improvement purposes, or any money or thing of value, including services, which may be used by the authority in the construction, acquisition, improvement, maintenance or operation of any project or for any other of its corporate purposes, any other law to the contrary notwithstanding.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1749 - Compacts to finance operations and particular projects

§ 1749. Compacts to finance operations and particular projects.
(a) General rule.--
The counties and municipalities in any metropolitan area shall enter into a compact or compacts among themselves and/or with the authority to provide for meeting the authority's capital or operating budget by appropriations, annual or otherwise, of such sums and in such proportions as may be agreed upon in the compact to be paid by each signatory party thereto. The obligation incurred thereby shall be for the term as set forth in the compact without regard to the provisions of any law, ordinance or regulation to the contrary and shall constitute a commitment and obligation, binding and absolute, on the part of each signatory party to appropriate and pay over the necessary funds in accordance therewith. The operating budget shall include all sums of money necessary for the formation and organization of any authority and all items of operating expenses in connection with the authority, as well as necessary funds for planning and research appropriate and consistent with the purposes of this chapter and any compact entered into under this chapter.
(b) Financing of particular projects.--
A compact may also provide for the financing of a particular mass transportation project in such manner as shall be provided for in the compact.
(c) Commitment of party.--
Whenever a party signatory to a compact thereby expresses its approval of the budget for financing a particular project, this shall then constitute a commitment and obligation, binding and absolute, on the part of the party signatory to appropriate the necessary funds in accordance therewith.
(d) Commitment of county or municipality.--
No commitment or obligation involving the payment of moneys to or on behalf of the authority shall exist in any instance on the part of any county or other municipality within the metropolitan area unless and until the commitment or obligation shall first have been expressly and lawfully undertaken and assumed by the county or other municipality.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1751 - Fiscal provisions

§ 1751. Fiscal provisions.
(a) Fiscal year and budget.--
The board shall establish a fiscal year for operations and a fiscal year for capital programs. At least 90 days prior to the beginning of the first full fiscal year after the creation of the authority and annually thereafter, the board shall cause to be prepared and submitted to it a tentative operating budget and a tentative capital budget for the ensuing fiscal year. The tentative budgets shall be considered by the board and, subject to any revision and amendments as may be determined, shall be adopted prior to the first day of the ensuing fiscal year as the budgets for that year. The board shall establish such rules as are necessary for proper observance of the budgets. Simultaneously with the adoption of the capital budget, the board shall adopt a tentative capital program covering the ensuing six years.
(b) Procedure.--
A public hearing shall be conducted prior to the adoption of the final operating budget and tentative capital program. Notice of the public hearing shall be published in two newspapers of general circulation and a publication specifically designed to reach minorities not fewer than 30 days prior to the hearing.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1752 - Financial statements and audit

§ 1752. Financial statements and audit.
(a) Statement.--
As soon after the end of each fiscal year as is feasible, the board shall cause to be prepared and printed a report and financial statement of the authority's operations for the previous year and of its assets and liabilities prepared in accordance with generally accepted accounting principles. A reasonably sufficient number of copies of the report shall be printed for distribution to persons interested, upon request. A copy of the report shall be filed with the Secretary of the Commonwealth, the county clerk of each county in the metropolitan area and the clerk of each municipality which has granted rights to the authority by ordinance, and a copy of the report shall be addressed to and mailed to the mayor and city council or the governing body of the municipality. The board from time to time shall mail, to the persons and offices specified, copies of the interim financial reports as may be prepared by the authority, copies of all bylaws, rules and regulations and amendments thereto and copies of the annual financial budgets.
(b) Audit.--
The board shall appoint in due time each year a firm of independent certified public accountants as auditors who shall examine the books, records and accounts, operations and assets and liabilities of the authority for the purpose of auditing and reporting upon its financial statements for such year. The auditors shall audit the books, records, accounts, operations and assets and liabilities of the authority in accordance with generally accepted auditing standards. The report of the auditors shall be appended to the financial statement.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1753 - Aid from Federal Government

§ 1753. Aid from Federal Government.
In addition to the powers conferred upon any authority by other provisions of this chapter, the authority is empowered to borrow or accept money or accept grants or other financial assistance from any Federal agency for or in aid of the authority's operations. It is the purpose and intent of this chapter to authorize the authority, and the authority is so authorized, to do any and all things necessary or desirable to secure the financial aid or cooperation of any Federal agency in any of the authority's operations. These things may include, without limiting the generality of the foregoing, the power to change or revise rates, fares and charges, to make relocation payments to families, businesses and nonprofit organizations, to provide an areawide transportation plan or program for the development of a comprehensive and coordinated mass transportation system for the metropolitan area, to carry out research, development and demonstration projects and to provide a share of the cost of any project and all as may be required by any Federal law or by the requirements of any Federal agency authorized to administer any Federal program of aid to any mass transportation program.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1762 - Special funds

§ 1762. Special funds.
An authority, under resolutions adopted from time to time by the board, may establish and create such special funds as may be found desirable by the board and, in and by such resolutions, may provide for payments into all special funds from specified sources with such preferences and priorities as may be deemed advisable and may provide for the custody, disbursement and application of any moneys in any such special funds consistent with the provisions of this subchapter and consistent with generally accepted accounting principles.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1764 - Contracts with obligees of an authority

§ 1764. Contracts with obligees of an authority.
Except as otherwise provided in any resolution of an authority authorizing or awarding bonds, the terms thereof and of this chapter as in effect when the bonds were authorized shall constitute a contract between the authority and obligees of the authority, subject to modification in such manner as the resolution, the trust indenture securing such bonds or the bonds shall provide.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1765 - Commonwealth pledges

§ 1765. Commonwealth pledges.
(a) Limitation of powers.--
(1) The Commonwealth does hereby pledge to and agree with any person, firm or corporation, government agency, whether in this Commonwealth or elsewhere, or Federal agency subscribing to or acquiring the bonds to be issued by the authority that the Commonwealth will not limit or alter the rights hereby vested in the authority in any manner inconsistent with the obligations of the authority to the obligees of the authority until all bonds at any time issued, together with the interest thereon, are fully paid or provided for. The Commonwealth does further pledge to and agree with any Federal agency that, in the event that any Federal agency shall contribute any funds for the authority or any project, the Commonwealth will not alter or limit the rights and powers of the authority in any manner which would be inconsistent with the due performance of any agreements between the authority and any Federal agency.
(2) The Commonwealth does hereby pledge to and agree with any person who, as owner thereof, leases or subleases property to or from an authority that the Commonwealth will not limit or alter the rights and powers hereby vested in the authority or otherwise created by this chapter in any manner which impairs the obligations of the authority until all obligations of the authority under the lease or sublease are fully met and discharged.
(b) Tax proceeds.--
If and to the extent that the authority pledges its share of the proceeds of a tax authorized by law to be levied for authority purposes or made available for use by the authority as security for the payment of bonds issued by the authority, the Commonwealth does hereby pledge to and agree with any person, firm or corporation, government agency, whether in this Commonwealth or elsewhere, or Federal agency subscribing to or acquiring such bonds to be issued by the authority that the Commonwealth itself will not, nor will it authorize any government entity levying such tax to, abolish or to reduce the rate of tax imposed for authority purposes or made available for use by the authority until all bonds so secured by the pledge of the authority, together with the interest thereon, are fully paid or provided for.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1767 - Bonds to be legal investments

§ 1767. Bonds to be legal investments.
Bonds issued under this chapter are hereby made securities in which all public officers and the instrumentalities and agencies of the Commonwealth and its political subdivisions, all insurance companies, banks, bank and trust companies, trust companies, banking associations, banking corporations, savings banks, investment companies, executors, trustees, the trustees of any retirement, pension or annuity fund or system of the Commonwealth and other fiduciaries may properly and legally invest funds, including capital, deposits or other funds in their control or belonging to them. These bonds are hereby made securities which may properly and legally be deposited with and received by any Commonwealth or municipal officer or any agency or instrumentality or political subdivision of the Commonwealth for any purpose for which the deposit of bonds or other obligations of the Commonwealth now or may hereafter be authorized by law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1768 - Rights and remedies

§ 1768. Rights and remedies.
(a) Additional rights.--
An obligee of an authority shall have the right, in addition to all other rights which may be conferred on the obligee, subject only to any contractual restrictions binding upon the obligee:
(1) By mandamus, suit, action or proceeding at law or in equity, to compel the authority and the members, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any bond or contract of the authority with or for the benefit of the obligee and to require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this chapter.
(2) By proceeding in equity, to obtain an injunction against any acts or things which may be unlawful or the violation of any of the rights of the obligee of the authority.
(3) To require the authority to account as if it were the trustee of an express trust for the obligees of the authority for any pledged revenues received.
(4) To enforce a pledge of or security interest in revenues of the authority securing payment of the bonds against all Commonwealth and local public officials in possession of any revenues at any time, which revenues may be collected directly from such officials upon notice by the obligee of the authority or a trustee for application to the payment of the bonds as and when due for deposits in any sinking, bond or debt service fund established with the trustee at the times and in the amounts specified in the bonds or the resolution or indenture or trust agreement securing the bonds. Any Commonwealth or local public official in possession of any revenues shall make payment against receipt and shall thereby be discharged from any further liability or responsibility for the revenues. If the payment shall be to an obligee of the authority, it shall be made against surrender of the bonds to the payor for delivery to the authority in the case of payment in full; otherwise, it shall be made against production of the bonds for notation thereon of the amount of the payment. The provisions of this section with respect to the enforceability and collection of revenues which secure bonds of the authority shall supersede any contrary or inconsistent statutory provision or rule of law.
(b) Application of section.--
This section shall be construed and applied to fulfill the legislative purpose of clarifying and facilitating the financing of the authority of the costs of its transportation system by assuring to the obligees of the authority the full and immediate benefit of the security therefor without delay, diminution or interference based on any statute, decision, ordinance or administrative rule or practice.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1769 - Additional remedies conferrable by an authority

§ 1769. Additional remedies conferrable by an authority.
An authority shall have power, by its resolution, trust indenture or loan or lease agreement, to confer upon any obligees holding or representing a specified percentage of bonds, or upon any bond insurer or provider of a letter of credit or other credit or liquidity facility, the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default or such particular events of default as may be specified in such resolution or instrument, by suit, action or proceeding in any court of competent jurisdiction to obtain the appointment of a receiver of any real property or personal property or leasehold interest of the authority and of the rents and profits therefrom. If a receiver is appointed, the receiver may enter and take possession of such real property or any leasehold interest, operate the same and collect and receive all revenues or other income thereafter arising therefrom and shall keep such moneys in a separate account and apply the same in accordance with the obligations of the authority as the court shall direct. Nothing in this section or any other section of this chapter shall authorize any receiver appointed under this chapter for the purpose of operating and maintaining any facilities of the authority to sell, assign, mortgage or otherwise dispose of any of the assets, of whatever kind or character, belonging to the authority, except for the sale or other disposition of moveable equipment or other tangible personal property in the ordinary course of business or the sale or disposition of real or personal property to the extent it is pledged to secure the authority's bonds. It is the intention of this chapter to limit the powers of the receiver to the operation and maintenance of the facilities of the authority as the court shall direct, and no obligee of the authority shall ever have the right in any suit, action or proceeding, at law or in equity, to compel a receiver, nor shall any receiver ever be authorized or any court be empowered to direct the receiver, to sell, assign, mortgage or otherwise dispose of any assets, of whatever kind or character, belonging to the authority, except for the expenditure of funds and the sale or other disposition of moveable equipment or other tangible personal property in the ordinary course of business or the sale or disposition of real or personal property to the extent it is pledged to secure the authority's bonds.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1770 - Validity of pledge

§ 1770. Validity of pledge.
Any pledge of or grant of a lien on or security interest in revenues of an authority or real or personal property of an authority made by an authority shall be valid and binding from the time when the pledge is made, the revenues or other property so pledged and thereafter received by the authority making such pledge shall immediately be subject to the lien of any such pledge, lien or security interest without any physical delivery thereof or further act, and the lien of any such pledge or security interest shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument of the authority by which a pledge, lien or security interest is created need be recorded or filed to perfect such pledge or security interest.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1771 - Security interest in funds and accounts

§ 1771. Security interest in funds and accounts.
Any moneys deposited in any fund created by the authority pledged to be used to pay debt service on bonds of the authority, including any sinking fund or debt service reserve fund, and all investments and proceeds of investments thereof, shall, without further action or filing, be subjected to a perfected security interest for the obligees of the authority with respect to the bonds until such moneys or investments shall be properly disbursed in accordance with this chapter and subject to the terms of any trust indenture or other contract between the authority and the obligees of the authority with respect to the bonds.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1772 - Payment of proceeds of tax levied for authority purposes

§ 1772. Payment of proceeds of tax levied for authority purposes.
The proceeds of any tax levied for authority purposes or made available for use by the authority and collected by the Department of Revenue, which tax proceeds shall have been pledged by an authority to secure its bonds, shall be transferred by the State Treasurer to or upon the order of the authority at the times provided by law, subject to any limitations set forth in the resolution of the authority authorizing the bonds.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1773 - Limitation on authority under Federal bankruptcy code

§ 1773. Limitation on authority under Federal bankruptcy code.
So long as an authority shall have outstanding any bonds issued under this chapter, the authority shall not be authorized to file a petition for relief under 11 U.S.C. Chapter 9 (relating to adjustment of debts of a municipality), and no public officer or agency or instrumentality of the Commonwealth shall authorize the authority to become a debtor under 11 U.S.C. Chapter 9 so long as any bonds issued under this chapter are outstanding.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1781 - Exemption from taxation

§ 1781. Exemption from taxation.
The effectuation of the authorized purposes of an authority created or continued under this chapter shall and will be in all respects for the benefit of the people of this Commonwealth, for the increase of their commerce and prosperity and for the improvements of their health and living conditions, and, since an authority will, as a public instrumentality of the Commonwealth, be performing essential governmental functions in effectuating such purposes, such an authority shall not be required to pay any taxes or assessments of any kind or nature whatsoever, now in existence or to be enacted in the future, whether imposed by the Commonwealth or by any government agency upon any property or the income therefrom acquired or used or permitted to be used by an authority for such purposes, and the bonds issued by any authority, their transfer and the income therefrom, including any profits made on the sale thereof, shall at all times be free from State and local taxation within this Commonwealth. This exemption shall not extend to gift, estate, succession or inheritance taxes or any other taxes not levied directly on the bonds, the transfer thereof, the income therefrom or the realization of profits on the sale thereof.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1782 - Rights and remedies preserved

§ 1782. Rights and remedies preserved.
The provisions of this chapter shall not in any way impair or in any manner affect the rights and remedies of obligees of a continued authority, and, notwithstanding any other provision of this chapter, all such rights and remedies shall be preserved by this chapter and shall be and shall remain valid, binding and enforceable in all respects. As used in this section, "obligees of a continued authority" shall mean the holders of any notes, bonds, refunding notes and bonds, interim certificates, debentures and other evidences of indebtedness, obligees of contracts or other obligations of an authority established under the former provisions of Article III of the act of January 22, 1968 (P.L.42, No.8), known as the Pennsylvania Urban Mass Transportation Law, or the former provisions of Chapter 15 (relating to metropolitan transportation authorities) and continued under section 1711 (relating to creation of metropolitan transportation authorities).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 17 - Metropolitan Transportation Authorities › Section 1783 - Officers and employees continued

§ 1783. Officers and employees continued.
With respect to the officers and employees of any authority established under the former provisions of Article III of the act of January 22, 1968 (P.L.42, No.8), known as the Pennsylvania Urban Mass Transportation Law, or the former provisions of Chapter 15 (relating to metropolitan transportation authorities), all such officers shall continue in office until the expiration of their respective terms of office, and all employees shall continue in employment under the terms and conditions of their respective contracts or agreements of employment; and all officers and employees shall exercise the powers, functions and duties of their respective offices or employment under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 21 - Multimodal Fund › Section 2101 - Definitions

§ 2101. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Eligible program."
Any of the following:
(1) A project which coordinates local land use with transportation assets to enhance existing communities.
(2) A project related to streetscape, lighting, sidewalk enhancement and pedestrian safety.
(3) A project improving connectivity or utilization of existing transportation assets.
(4) A project related to transit-oriented development, as defined in section 103 of the act of December 8, 2004 (P.L.1801, No.238), known as the Transit Revitalization Investment District Act.
"Fund." The Multimodal Transportation Fund established in section 2102 (relating to Multimodal Transportation Fund).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 21 - Multimodal Fund › Section 2102 - Multimodal Transportation Fund

§ 2102. Multimodal Transportation Fund.
A special fund is established within the State Treasury to be known as the Multimodal Transportation Fund. Moneys in the fund are hereby appropriated to the Department of Transportation on a nonlapsing basis.
Cross References.
Section 2102 is referred to in section 2101 of this title; section 9502 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 21 - Multimodal Fund › Section 2105 - Project selection criteria

§ 2105. Project selection criteria.
The Department of Transportation shall award grants under section 2104(a)(1) (relating to use of money in fund) on a competitive basis. The department may not reserve, designate or set aside a specific level of funding or percentage of funds to an applicant prior to the completion of the application process, nor may the department designate a set percentage of funds to an applicant.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 21 - Multimodal Fund › Section 2106 - Local match

§ 2106. Local match.
Unless otherwise specified by law, financial assistance under section 2104(a)(2) and (4) (relating to use of money in fund) shall be matched by local funding in an amount not less than 30% of the non-Federal share of the project costs. Matching funds from a county or municipality shall only consist of cash contributions provided by one or more counties or municipalities.
Cross References.
Section 2106 is referred to in section 2104 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 21 - Multimodal Fund › Section 2107 - Balanced Multimodal Transportation Policy Commission (Repealed)

§ 2107. Balanced Multimodal Transportation Policy Commission (Repealed).
2021 Repeal.
Section 2107 was repealed June 30, 2021, P.L.253, No.54, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 51 - Preliminary Provisions › Section 5103 - Aviation Restricted Account

§ 5103. Aviation Restricted Account.
(a) Creation of account.--
There is hereby created a special account in the State Treasury which shall be known as the Aviation Restricted Account.
(b) Source.--
(Repealed).
(c) Use of account.--
(Repealed).
(July 11, 1996, P.L.619, No.105, eff. imd.)
1996 Repeal.
Act 105 repealed subsecs. (b) and (c).
Cross References.
Section 5103 is referred to in section 6122 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 53 - Authority of Department of Transportation › Section 5302 - Aircraft for official use

§ 5302. Aircraft for official use.
(a) General rule.--
The department may purchase or lease and maintain aircraft required for the proper conduct of the business of the Commonwealth agencies and the General Assembly. The total cost, including all ordinary and necessary expenses for the use of such aircraft, shall be charged by the department to the using agency or the General Assembly. The amount of such charge shall be paid into the Aviation Restricted Account and be credited to the amounts appropriated therefrom for the use of the department. All amounts so credited are hereby appropriated to the department for the same purposes as other appropriations out of the Aviation Restricted Account for the use of the department.
(b) Flight log required.--
The department shall establish and maintain a log of flights using aircraft authorized under this section. This log shall be publicly accessible on the department's Internet website and shall be updated monthly. At minimum, the information made available on the department's Internet website shall include:
(1) Flight date.
(2) Flight identification number.
(3) Agency name.
(4) Aircraft.
(5) Originating city.
(6) Departure time.
(7) Destination city. If a flight includes more than one destination city, all destination cities shall be identified for such flight.
(8) Arrival time at and departure time from the destination city.
(9) All passengers, with the exception of Pennsylvania State Police security personnel, including first and last names, job titles, State agency, organization, business or other entity to which the passenger is affiliated or represents.
(10) Public purpose of the trip.
(11) Total hours.
(12) Invoice amount.
(c) Manner of posting.--
All flight information required by subsection (b) shall be in plain and easily understandable language and posted in a way that allows the public to search the information by the categories enumerated in subsection (b)(1) through (12).
(Apr. 12, 2012, P.L.228, No.26, eff. 60 days)
Cross References.
Section 5302 is referred to in section 5301 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 55 - Legal Status of Air Navigation › Section 5501 - Ownership of space

§ 5501. Ownership of space.
(a) General rule.--
The ownership of the space over and above the lands and waters of this Commonwealth is declared to be vested in the owner of the surface beneath, but the ownership extends only so far as is necessary to the enjoyment of the use of the surface without interference and is subject to the right of passage or flight of aircraft. Flight through the space over and above land or water, at a sufficient height and without interference to the enjoyment and use of the land or water beneath, is not an actionable wrong unless the flight results in actual damage to the land or water, or property thereon or therein, or use of the land or water beneath.
(b) Penalty.--
Except in an emergency, no aircraft may land on, taxi or maneuver upon, or take off from a public airport unless operated by a person possessing proof of having attained a national standard of competence in the operation of that aircraft. Any person violating any of the provisions of this part, unless the violation is by this title or other statute of this Commonwealth declared to be a misdemeanor, or any of the rules and regulations adopted by the department pursuant to this part, commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $50 and not more than $200 and, in default thereof, to undergo imprisonment for a period not exceeding 30 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 55 - Legal Status of Air Navigation › Section 5502 - Damage to persons and property on ground

§ 5502. Damage to persons and property on ground.
(a) General rule.--
The owner and the pilot, or either of them, of an aircraft which is operated over the lands or waters of this Commonwealth shall be liable for injuries or damage to persons or property on or over the land or water beneath, caused by the ascent, descent or flight of aircraft or the dropping or falling of any object therefrom in accordance with the law applicable to torts on land in this Commonwealth.
(b) Definition.--
As used in this section the word "owner" includes a person having full title to aircraft and operating it through agents and also includes a bona fide lessee or bailee of the aircraft whether gratuitously or for hire. It does not include a bona fide bailor or lessor of the aircraft, whether gratuitously or for hire, or a mortgagee, secured party, trustee for creditors of the aircraft or other persons having a security title only. The owner of the aircraft shall not be liable when the pilot of the aircraft is in possession thereof as a result of theft or felonious conversion. The person in whose name an aircraft is registered with the United States Department of Transportation is prima facie the owner of the aircraft within the meaning of this section.