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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 85 - Highly Automated Vehicles › Section 8517 - Local regulation

§ 8517. Local regulation.
(a) Authorization.--
A municipality may, by ordinance or resolution, do the following:
(1) Permit the use of a personal delivery device on a roadway, or shoulder or berm of a roadway, under the jurisdiction of the municipality where the posted speed limit is greater than 25 miles per hour but not greater than 35 miles per hour.
(2) Prohibit the use of a personal delivery device on any roadway, or shoulder or berm of a roadway, or pedestrian area under the jurisdiction of the municipality where the municipality, after consultation with the authorized entity, determines that the operation of the personal delivery device would constitute a hazard.
(b) Prohibition.--
Except as provided in subsection (a), a municipality may not regulate the operation of a personal delivery device operated in a pedestrian area, roadway, or shoulder or berm of a roadway, under the jurisdiction of the municipality.
(c) Construction.--
(1) Nothing in this section may be construed to affect the ability of a municipality to enforce any law, rule or regulation as it relates to the operation of a personal delivery device in this Commonwealth.
(2) Nothing in subsection (a) may be construed to permit a municipality to authorize the use of a personal delivery device on a roadway, or shoulder or berm of a roadway, under the jurisdiction of the municipality in a manner that conflicts with the operation requirements contained in section 8516 (relating to operation).
(d) Notice required.--
An authorized entity shall notify the governing body of the municipality of the authorized entity's intent to operate personal delivery devices within the municipality no less than 30 days prior to the date on which the authorized entity commences PDD operations within the municipality.
Cross References.
Section 8517 is referred to in sections 8513, 8516, 8522 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 85 - Highly Automated Vehicles › Section 8518 - Equipment

§ 8518. Equipment.
(a) Prohibition.--
No authorized entity may operate a personal delivery device on a roadway, or shoulder or berm of a roadway, or pedestrian area that does not meet the requirements of this section.
(b) Minimum equipment standards.--
A PDD operated by an authorized entity shall:
(1) Have a maximum width of 32 inches.
(2) Have a maximum length of 42 inches.
(3) Have a maximum height of 72 inches.
(4) Be equipped with a braking system that brings the PDD to a complete stop from an initial speed of 25 miles an hour or less.
(5) Be equipped with a lamp that emits a beam of white light intended to illuminate the personal delivery device's path and is visible from a distance of at least 500 feet to the front and a lamp emitting a red flashing light, light-emitting diode or device visible from a distance of 500 feet to the rear. An authorized entity may supplement the required front lamp with a white flashing lamp, light-emitting diode or similar device to enhance its visibility to other traffic.
(6) Be equipped with software, equipment or technologies to comply with section 8514(b)(2)(v) (relating to application).
(c) Identifying markings.--
A personal delivery device shall prominently display, in a size and manner determined by the department, the following information:
(1) The name of the authorized entity.
(2) The unique identification number assigned to the PDD and submitted to the department under section 8514(b)(8).
(3) A telephone number of the authorized entity to report a violation of this title, an accident or an insurance claim.
Cross References.
Section 8518 is referred to in section 8516 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 85 - Highly Automated Vehicles › Section 8519 - Insurance and liability

§ 8519. Insurance and liability.
(a) Required coverage.--
An authorized entity shall maintain an insurance policy that includes general liability coverage of not less than $100,000 per incident for damages arising from the operation of the personal delivery device.
(b) Sovereign immunity and governmental immunity.--
Commonwealth agencies and municipalities shall have no duty to make streets, highways or real estate safe for use by personal delivery devices. Commonwealth agencies and municipalities shall be immune from suit by authorized entities and owners of cargo and other items carried on or within a personal delivery device for property damages.
Cross References.
Section 8519 is referred to in section 8514 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 85 - Highly Automated Vehicles › Section 8520 - Enforcement

§ 8520. Enforcement.
(a) Revocation of authorization.--
Following notice and an opportunity for an administrative hearing, the department may revoke a PDD authorization where a knowing and willful violation of this subchapter occurred that resulted in death, serious bodily injury or property damage or when the authorized entity has demonstrated an inability to operate safely in accordance with this subchapter.
(b) Appeal.--
An authorized entity shall have the right to appeal PDD authorization suspensions or revocations in accordance with 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
(c) Prohibition.--
The department may not suspend or revoke the PDD authorization of an authorized entity that self-reports an accident involving the authorized entity's personal delivery devices as required by section 8513(b)(4) (relating to powers of department) where the accident was not the fault of the authorized entity or the authorized entity's PDD operator.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 85 - Highly Automated Vehicles › Section 8521 - Criminal penalties

§ 8521. Criminal penalties.
(a) Penalty.--
Except as provided for in subsections (b) and (c), an authorized entity that violates a provision of this subchapter shall be guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $25 and no more than $1,000.
(b) Unauthorized operation.--
Except as provided for in subsection (c), a person that violates section 8512 (relating to general prohibition) shall be guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $500.
(c) Suspended or revoked authorization.--
A person that knowingly violates section 8512 and whose authorization was suspended or revoked by the department shall be guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $1,000.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 85 - Highly Automated Vehicles › Section 8522 - Application of title

§ 8522. Application of title.
(a) Applicability.--
The regulation of personal delivery devices and authorized entities shall be governed exclusively by this subchapter or an ordinance or resolution adopted by a municipality under section 8517 (relating to local regulation).
(b) Exemption.--
A personal delivery device shall not be considered a vehicle or a motor vehicle under section 102 (relating to definitions).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 85 - Highly Automated Vehicles › Section 8531 - Highly automated work zone vehicles

§ 8531. Highly automated work zone vehicles.
The department or the Pennsylvania Turnpike Commission, as applicable, shall authorize locations in this Commonwealth on a periodic basis where a highly automated work zone vehicle may be deployed. A driver may be required in a highly automated work zone vehicle when used in an active work zone.
Cross References.
Section 8531 is referred to in section 8504 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 85 - Highly Automated Vehicles › Section 8532 - Platooning

§ 8532. Platooning.
(a) General rule.--
The department shall be the lead Commonwealth agency on platooning.
(b) Exception.--
Nonlead vehicles in a platoon shall not be subject to section 3310 (relating to following too closely).
(c) Visual identifier.--
Each vehicle in a platoon shall be marked with a visual identifier on the power unit. The department, after consultation with the Pennsylvania State Police and the Pennsylvania Turnpike Commission, shall establish the criteria and placement of the visual identifier.
(d) Restrictions.--
A platoon shall observe the following restrictions:
(1) A maximum of three vehicles shall be in a platoon.
(2) Vehicles in a platoon shall travel only on limited-access highways or interstate highways, unless otherwise permitted by the department or the Pennsylvania Turnpike Commission, as applicable.
(3) The department or the Pennsylvania Turnpike Commission, as applicable under paragraph (2), may restrict vehicle movement under this section for operational or safety reasons, including emergency conditions.
(4) Except as provided under paragraph (5), a driver shall be in each vehicle of a platoon.
(5) Consistent with applicable Federal or State law and regulations, the lead vehicle may operate with a driver and one nonlead vehicle may operate with an ADS engaged with or without a driver.
(e) Plan for general platoon operations.--
(1) A person may operate a platoon on a highway of this Commonwealth if the person files a plan for general platoon operations with the department, in consultation with the Pennsylvania State Police and the Pennsylvania Turnpike Commission, as applicable.
(2) If the plan is not approved, rejected or additional information requested by the department within 30 days after receipt of the plan, the plan shall be deemed approved and the person may operate the platoon.
Cross References.
Section 8532 is referred to in section 8504 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Extra - Chapter Notes

Enactment.
Chapter 89 was added November 24, 1992, P.L.725, No.109, effective in 60 days.
Cross References.
Chapter 89 is referred to in sections 1506, 8102, 8116, 9202 of Title 74 (Transportation).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Section 8911 - Improvement and extension authorizations

§ 8911. Improvement and extension authorizations.
In order to facilitate vehicular traffic within and across this Commonwealth, the commission is hereby authorized and empowered to construct, operate and maintain turnpike extensions and turnpike improvements at such specific locations and according to such schedule as shall be deemed feasible and approved by the commission, together with connecting roads, storm water management systems, interchanges, slip ramps, tunnels and bridges, subject to the waiver of the Federal toll prohibition provisions where applicable, as follows:
(1) Widen turnpike to six lanes between the Northeast Extension and the Delaware River Interchange.
(2) Construct turnpike interchange with Interstate Route 95 in Bucks County.
(3) Construct turnpike interchange with Interstate Route 476 in Montgomery County.
(4) Construct turnpike interchange with Keyser Avenue in Lackawanna County.
(5) Construct extensions to the existing turnpike from a point westerly of existing Interchange 2 extending northerly to a connection with the existing interchange between U.S. Route 422 and proposed State Route 60 in Lawrence County and extending southerly to a connection with existing State Route 60 in Beaver County at or near State Route 51.
(6) Construct an extension to the turnpike from a point at or near Interchange 8 in Westmoreland County extending northerly to an interchange with State Route 66 northwest of Greensburg and continuing northerly to an interchange with U.S. Route 22 south of Delmont.
(7) Construct an additional Lehigh Tunnel on the Northeast Extension of the turnpike.
(8) Construct a private turnpike interchange directly connected to the New Cumberland Army Depot. The commission may commence construction of the private turnpike interchange notwithstanding the construction schedule established by this section.
(9) Construct an interchange on the Northeast Extension with State Route 903 in Carbon County. The commission may commence construction of this interchange notwithstanding the construction schedule established by this section.
(10) Other slip ramps and interchanges as the commission may determine.
(July 18, 2007, P.L.169, No.44, eff. imd.)
2007 Amendment.
Act 44 amended the intro. par. and added par. (10).
Cross References.
Section 8911 is referred to in sections 8913, 8914, 8915 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Section 8912 - Subsequent extension authorizations

§ 8912. Subsequent extension authorizations.
The commission is also hereby authorized and empowered to construct, operate and maintain further extensions and improvements of the turnpike at such specific locations and according to such schedules as shall be deemed feasible and which shall be approved by the commission, subject to the waiver of the Federal toll prohibition provisions where applicable, as follows:
(1) From an interchange with Interstate Route 70 between existing interchanges at Lover and Speers extending northerly to an interchange with Interstate Route 376 in Pittsburgh extending northwesterly toward the Midfield Terminal, Greater Pittsburgh Airport, Southern Beltway, Extension of the Findlay Connector along Interstate 79 and also extending southerly connecting with the existing interchange between U.S. Route 40 and the Mon Valley Expressway (L.R.1125).
(2) From a point at or near the existing interchange between U.S. Route 40 and the Mon Valley Expressway (L.R.1125) in Fayette County southeasterly along U.S. Route 40 to Uniontown and continuing southerly along Pa. Route 857 to the West Virginia border.
(3) From an interchange with the turnpike at or near Interchange 10 extending northerly generally following and coincident where feasible with existing U.S. Route 219 to an interchange with Interstate Route 80 at or near Interchange 16.
(4) Construction of an interchange for access to the International Distribution Center at the Wilkes-Barre-Scranton International Airport in Luzerne County on the Northeast Extension of the Pennsylvania Turnpike System.
(5) From a point at or near Turnpike Interchange 10 southerly generally along U.S. Route 219 to the Maryland border.
(6) From a point at or near Interstate Route 80 Interchange 16 northerly generally along U.S. Route 219 to a connection with the existing U.S. Route 219 Expressway south of Bradford in McKean County.
Cross References.
Section 8912 is referred to in sections 8913, 8914, 8915 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Section 8913 - Additional subsequent extension authorizations

§ 8913. Additional subsequent extension authorizations.
Upon substantial completion of the turnpike extensions and improvements set forth in sections 8911 (relating to improvement and extension authorizations) and 8912 (relating to subsequent extension authorizations), the commission is hereby authorized and empowered to construct, operate and maintain further extensions and improvements of the turnpike at such specific locations and according to such schedules as shall be deemed feasible and which shall be approved by the commission, subject to the waiver of the Federal toll prohibition provisions where applicable, as follows: construct from a point at or near Interstate Route 80 Interchange 23 at Milesburg southwesterly generally along U.S. Route 220 to a connection with the existing U.S. Route 220 Expressway south of Bald Eagle.
Cross References.
Section 8913 is referred to in sections 8914, 8915 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Section 8914 - Further subsequent authorizations

§ 8914. Further subsequent authorizations.
Upon completion of the turnpike extensions and improvements set forth in sections 8911 (relating to improvement and extension authorizations), 8912 (relating to subsequent extension authorizations) and 8913 (relating to additional subsequent extension authorizations), the commission is hereby authorized and empowered to construct, operate and maintain further extensions and improvements of the turnpike at such specific locations and according to such schedules as shall be deemed feasible and which shall be approved by the commission, subject to the waiver of the Federal toll prohibition provisions where applicable, as follows:
(1) From a point at or near the intersection of State Route 65 and Crows Run Road in Beaver County, in a southeasterly direction to a point at or near the Perry Highway Interchange of the Pennsylvania Turnpike.
(2) From a point at or near Exit 5 of the turnpike northerly to Brookville, Jefferson County, to a point at the intersection with Interstate Route 80.
(3) From a point at or near the Pennsylvania Turnpike System into various areas of Berks County in order to complete the construction of the inner loop system and outer loop system of highways surrounding the City of Reading and to complete the missing links on Routes 222 to 422 to 1035.
(4) From a point at or near the intersections of Interstate Route 70, Interstate Route 76 and T.R.119 in the Borough of Youngwood, Westmoreland County, in a northerly direction along T.R.119 and T.R.66 to the intersection of T.R.22 with a bypass around the City of Greensburg, Westmoreland County; thence north on T.R.66 to T.R.356; thence north on T.R.356 to the intersection with T.R.28.
(5) From a point at or near the intersection of T.R.66 and T.R.22 in Salem Township, Westmoreland County; thence in a westerly direction paralleling T.R.22 to Exit 6 of Interstate 76.
Cross References.
Section 8914 is referred to in section 8915 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Section 8914.1 - Security wall pilot project

§ 8914.1. Security wall pilot project.
The commission shall construct, maintain and assess the long-term effectiveness of a security wall pilot project from a point at or near milepost 1.0 on the Northeast Extension of the Pennsylvania Turnpike to a point at or near milepost 1.8. Such pilot project shall encompass the southbound lanes of the Northeast Extension between said mileposts. The commission shall commence the design and construction of the security wall pilot project authorized by this section immediately upon transfer of funds by the department.
(Dec. 21, 1998, P.L.1126, No.151, eff. imd.; June 25, 1999, P.L.164, No.23, eff. 180 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Section 8915 - Conversion to toll roads

§ 8915. Conversion to toll roads.
In order to facilitate vehicular traffic within and across this Commonwealth, and to facilitate the completion of the turnpike extensions and improvements authorized in section 8911 (relating to improvement and extension authorizations), and subject to prior legislative approval by the General Assembly and the United States Congress, the commission is hereby authorized and empowered to convert to toll roads such portions of Pennsylvania's interstate highway system as may facilitate the completion of the turnpike extensions and improvements authorized in sections 8912 (relating to subsequent extension authorizations), 8913 (relating to additional subsequent extension authorizations) and 8914 (relating to further subsequent authorizations) and to operate and maintain such converted interstates as toll roads upon the approval by the Congress of the United States of America and the General Assembly of this Commonwealth of legislation expressly permitting the conversion of such interstates to toll roads. Such conversions shall take place at a time and manner set forth in the plan for the conversion prepared by the commission with the cooperation of the department. The provisions authorizing the commission to construct, operate and maintain the turnpike routes in sections 8911, 8912 and 8913 shall be subject to:
(1) the prior passage by the Congress of the United States and the General Assembly of this Commonwealth of legislation permitting the conversion of certain interstates to toll roads; or
(2) the availability of such other funds as might become available in amounts that would be sufficient to fund to completion any of the individual turnpike extensions and improvements set forth in sections 8912, 8913 and 8914 so long as no turnpike extension or improvement authorized by section 8914 is undertaken until after all the turnpike extensions authorized by section 8913 are completed and no turnpike extension authorized by section 8913 is undertaken until after all the turnpike extensions and improvements authorized by section 8912 are completed. The commission is authorized to use Federal funds which may be available for toll roads only pursuant to the approval of the Secretary of Transportation and only pursuant to the authority granted in section 19 of the act of September 30, 1985 (P.L.240, No.61), known as the Turnpike Organization, Extension and Toll Road Conversion Act.
(July 18, 2007, P.L.169, No.44, eff. imd.)
2007 Amendment.
Act 44 amended the intro. par.
References in Text.
The act of September 30, 1985 (P.L.240, No.61), known as the Turnpike Organization, Extension and Toll Road Conversion Act, was repealed by the act of July 18, 2007 (P.L.169, No.44).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Section 8915.1 - Conversion of Interstate 80

§ 8915.1. Conversion of Interstate 80.
In order to facilitate vehicular traffic across this Commonwealth, the commission is authorized and empowered to do all of the following:
(1) Convert Interstate 80 to a toll road and maintain and operate it as a toll road.
(2) Construct, reconstruct, widen, expand, extend, maintain and operate Interstate 80 from a point at or near the Ohio border to a point at or near the New Jersey border, together with connecting roads, interchanges, slip ramps, tunnels and bridges.
(3) Issue turnpike revenue bonds, notes or other obligations, payable solely from revenues of the commission, including tolls, or from funds as may be available to the commission for that purpose, to pay the cost of constructing, reconstructing, widening, expanding or extending Interstate 80 or any other costs of Interstate 80 and the Pennsylvania Turnpike.
(4) Provide quarterly reports and periodic updates regarding significant developments with respect to the conversion of Interstate 80 to the chairman and minority chairman of the Transportation Committee of the Senate and the chairman and minority chairman of the Transportation Committee of the House of Representatives. These reports shall include, at a minimum, the status of outstanding discussions with the United States Department of Transportation regarding Interstate 80, the location and construction of tolling-related equipment for Interstate 80, planned capital improvements for Interstate 80 and other information important to implementation of this section.
(July 18, 2007, P.L.169, No.44, eff. imd.)
2007 Amendment.
Act 44 added section 8915.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Section 8915.2 - Application to United States Department of Transportation

§ 8915.2. Application to United States Department of Transportation.
(a) Application.--
The commission, in consultation with the department and at its own expense, is authorized to prepare and submit an application to the United States Department of Transportation for the conversion of Interstate 80 to a toll road. The secretary shall ensure that all information required for the application is made available to the commission as soon as practicable after the effective date of this section.
(b) Open system.--
A toll system shall consist of what is commonly referred to as an open system with no more than ten toll collection points.
(c) Other agreements.--
The commission and the department may enter into any other agreements as may be necessary to effectuate the execution of the application filed under this section.
(July 18, 2007, P.L.169, No.44, eff. imd.)
2007 Amendment.
Act 44 added section 8915.2.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Section 8915.4 - Initial payment

§ 8915.4. Initial payment.
(a) Commission payment required.--
Within 20 days after the effective date of this section, the commission shall pay to the department an amount equal to $62,500,000, which shall be deposited into the Public Transportation Trust Fund. The amount paid shall represent 25% of the amount the department is required to deposit into the Public Transportation Trust Fund under 74 Pa.C.S. § 1506(b)(1)(i)(A) (relating to fund) and is payable by the commission under the lease agreement.
(b) Use of payment.--
The department shall allocate the funds received under subsection (a) pursuant to 74 Pa.C.S. Ch. 15 (relating to sustainable mobility options).
(c) Credits.--
The payment made by the commission under this section shall be credited against the total amount payable by the commission under the lease agreement for the 2007-2008 fiscal year.
(July 18, 2007, P.L.169, No.44, eff. imd.)
2007 Amendment.
Act 44 added section 8915.4.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Section 8915.5 - Other interstate highways

§ 8915.5. Other interstate highways.
In order to facilitate vehicular traffic across this Commonwealth and pursuant to the authority granted under this chapter, the commission is hereby authorized and empowered to:
(1) at its own expense and in consultation with the department, prepare a consulting civil engineer report and financial analysis with respect to the feasibility of converting any interstate highway or interstate highway segment to a toll road or adding to said interstates additional capacity projects financed by tolls; and
(2) at its own expense and in consultation with the department and with approval of the General Assembly, prepare and submit an application to the United States Department of Transportation for the conversion of any interstate or interstate segment determined to be eligible for conversion to a toll road under any applicable Federal program.
(July 18, 2007, P.L.169, No.44, eff. imd.)
2007 Amendment.
Act 44 added section 8915.5.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Section 8915.6 - Deposit and distribution of funds

§ 8915.6. Deposit and distribution of funds.
(a) Deposits.--
Upon receipt by the department, the following amounts from the scheduled annual commission contribution shall be deposited in the Motor License Fund:
(1) For fiscal year 2007-2008, $450,000,000.
(2) For fiscal year 2008-2009, $500,000,000.
(3) For fiscal year 2009-2010, $500,000,000.
(4) For fiscal year 2010-2011 through fiscal year 2013-2014, the amount calculated for the previous year increased by 2.5%.
(5) For fiscal year 2014-2015 and each fiscal year thereafter, $0.
(b) Distribution.--
The following shall apply:
(1) Annually, 15% of the amount deposited in any fiscal year under subsection (a) shall be distributed at the discretion of the secretary.
(2) Annually, $5,000,000 of the amount deposited in any fiscal year under subsection (a) shall be distributed to counties.
(i) The distribution shall be in the ratio of:
(A) the square footage of deck area of a county's county-owned bridges; to
(B) the total square footage of deck area of county-owned bridges throughout this Commonwealth.
(ii) The amount of square footage under subparagraph (i) shall be that reported as part of the National Bridge Inspection Standards Program.
(3) Annually, $30,000,000 of the amount deposited in any fiscal year under subsection (a) shall be distributed to municipalities pursuant to the act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal Allocation Law.
(4) Any funds deposited under subsection (a) but not distributed under paragraphs (1), (2) and (3) shall be distributed in accordance with needs-based formulas that are developed and subject to periodic revision based on consultation and collaboration among metropolitan planning organizations, rural planning organizations and the department.
(c) Definitions.--
The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Metropolitan planning organization."
The policy board of an organization created and designated to carry out the metropolitan transportation planning process.
"Rural planning organization."
The organization of counties with populations of less than 50,000 created and designated as local development districts and which carry out the rural transportation planning process.
(July 18, 2007, P.L.169, No.44, eff. imd.; Nov. 25, 2013, P.L.974, No.89, eff. imd.)
2013
Amendment.
Act 89 amended subsec. (a). See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.
2007 Amendment.
Act 44 added section 8915.6.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Section 8915.7 - Impact on associated highways and local roads

§ 8915.7. Impact on associated highways and local roads.
Prior to the conversion date and within one year following the conversion date, the commission, in collaboration with the department, shall conduct traffic studies to determine the average daily traffic on associated roads and highways. The purpose of these studies will be to quantify any diversion of traffic from Interstate 80 to other roadways as a result of the conversion. This section shall not require duplication of traffic studies undertaken by the commission as a part of the conversion process or undertaken by the department as a normal course of the department's operations.
(July 18, 2007, P.L.169, No.44, eff. imd.)
2007 Amendment.
Act 44 added section 8915.7.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Section 8916 - Turnpike system

§ 8916. Turnpike system.
The turnpikes and the future toll road conversions authorized by this chapter are hereby or shall be made part of the Pennsylvania Turnpike System, as provided in the act of August 14, 1951 (P.L.1232, No.282), referred to as the Pennsylvania Turnpike System Financing Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Section 8917 - Financial plan

§ 8917. Financial plan.
(a) Submission.--
(1) No later than June 1 of each year, the commission shall prepare and provide to the Secretary of the Budget a financial plan for the ensuing fiscal year of the commission that describes the commission's proposed:
(i) operating and capital expenditures;
(ii) borrowings;
(iii) liquidity and other financial management covenants and policies;
(iv) estimated toll rates; and
(v) all other revenues and expenditures.
(2) The financial plan shall demonstrate that the operation of the commission in accordance with the plan can reasonably be anticipated to result in the commission having unencumbered funds during the ensuing and future fiscal years of the commission sufficient to make the payments due to the department under this chapter and the lease agreement for the ensuing and future fiscal years after all other obligations of the commission have been met. Financial plans prepared after June 1, 2008, shall also describe any deviations that occurred from the financial plan for the prior fiscal year of the commission and the reasons for the deviations.
(b) Receipt.--
If the Secretary of the Budget receives the financial plan by the date required under subsection (a), the commission shall be authorized to conduct its operations in accordance with the plan. The financial plan may not be amended by the commission unless the commission notifies the secretary in writing of the amendment.
(c) Cooperation.--
The commission shall provide to the Secretary of the Budget all information requested in connection with review of a financial plan, including materials used to prepare the plan. The information shall be provided as soon as practicable after the request.
(d) Effect of provisions.--
Nothing in this section shall be deemed to prevent the commission from conducting its normal course of business or prevent the commission from complying with any covenants made to current bondholders, debt holders or creditors.
(e) Lease agreement.--
The provisions of this section and section 8918 (relating to failure to perform) shall be included in the lease agreement.
(July 18, 2007, P.L.169, No.44, eff. imd.)
2007 Amendment.
Act 44 added section 8917.
Cross References.
Section 8917 is referred to in section 8918 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 89 - Pennsylvania Turnpike › Section 8918 - Failure to perform

§ 8918. Failure to perform.
(a) Notice.--
The Secretary of the Budget shall send written notice to the commission and to the Governor of the failure of the commission to do any of the following:
(1) Make a payment to the department under this chapter or the lease agreement.
(2) Deliver a financial plan to the Secretary of the Budget within the time prescribed under section 8917 (relating to financial plan).
(b) Unanimous vote required.--
(1) Except as provided under paragraph (1.1), upon the receipt by the commission of the notice under subsection (a) and notwithstanding any other provision of law, action of the commission taken by vote of the commissioners shall require a unanimous vote of all commissioners. Violation of this paragraph shall render the action invalid.
(1.1) A unanimous vote shall not be required if it would prevent the commission from complying with any covenants made to current bondholders, debt holders or creditors.
(2) The requirement of paragraph (1) shall continue until:
(i) the required payments have been made to the department or the required financial plan has been delivered; and
(ii) the Secretary of the Budget has notified the commission and the Governor of that fact.
(July 18, 2007, P.L.169, No.44, eff. imd.)
2007 Amendment.
Act 44 added section 8918.
Cross References.
Section 8918 is referred to in section 8917 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 90 - Liquid Fuels and Fuels Tax › Extra - Chapter Notes

Enactment.
Chapter 90 was added April 17, 1997, P.L.6, No.3, effective October 1, 1997.
Cross References.
Chapter 90 is referred to in sections 9402, 9403, 9404, 9502 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 90 - Liquid Fuels and Fuels Tax › Section 9005 - Taxpayer

§ 9005. Taxpayer.
(a) Duty of distributor.--
Every distributor using or delivering liquid fuels and fuels upon which a tax is imposed by this chapter shall pay the tax into the State Treasury through the department.
(b) Delivery between distributors.--
(1) Whenever liquid fuels and fuels are delivered within this Commonwealth by one distributor to another distributor holding a permit under this chapter, the distributor receiving the liquid fuels and fuels shall separately show, in that distributor's monthly reports to the department, all such deliveries from each distributor and shall pay the liquid fuels and fuels tax provided for by this chapter upon all such liquid fuels and fuels used or sold and delivered within this Commonwealth.
(2) The distributor making deliveries under paragraph (1) shall separately show those deliveries in that distributor's monthly reports to the department and shall then be exempt from the payment of the tax which would otherwise be imposed upon the liquid fuels and fuels so delivered.
(3) The distributor shall furnish to the department such information concerning such deliveries as the department may require.
(4) The department shall furnish to any distributor, upon request, a list of distributors holding permits under this chapter and their addresses.
(c) Recovery of tax payment.--
Distributors may add the amount of the tax to the price of liquid fuels and fuels sold by them and shall state the rate of the tax separately from the price of the liquid fuels and fuels on all price display signs, sales or delivery slips, bills and statements which advertise or indicate the price of liquid fuels and fuels.
(d) Penalty.--
A person who violates this section commits a summary offense.
Cross References.
Section 9005 is referred to in section 9002 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 90 - Liquid Fuels and Fuels Tax › Section 9006 - Distributor's report and payment of tax

§ 9006. Distributor's report and payment of tax.
(a) Monthly report.--
For the purpose of ascertaining the amount of tax payable under this chapter, the distributor, on or before the 20th day of each month, shall transmit to the department on a form prescribed by the department a report, under oath or affirmation, of the liquid fuels and fuels used or delivered by that distributor within this Commonwealth during the preceding month. The report shall show the number of gallons of liquid fuels and fuels used or delivered within this Commonwealth during the period for which that report is made and any further information that the department prescribes. A distributor having more than one place of business within this Commonwealth shall combine in each report the use or delivery of liquid fuels and fuels at all such separate places of business.
(b) Computation and payment of tax.--
(1) The distributor, at the time of making the report under subsection (a), shall compute and pay to the department the tax due to the Commonwealth on liquid fuels and fuels used or sold and delivered by that distributor during the preceding month, less a discount, if the report is filed and the tax paid on time, computed as follows:
(i) 2%, if the tax amounts to $50,000 or less;
(ii) 1.5%, on tax in excess of $50,000 and not exceeding $75,000;
(iii) 1%, on tax in excess $75,000 and not exceeding $100,000; and
(iv) .5%, on tax in excess of $100,000.
(2) The discount under paragraph (1) shall not be computed on any tax imposed and remitted with respect to the oil company franchise tax imposed under sections 9004(b) (relating to imposition of tax, exemptions and deductions) and 9502 (relating to imposition of tax), except with respect to the oil company franchise tax imposed under section 9502(a)(5).
(c) Due dates.--
The amount of all taxes imposed under the provisions of this chapter for each month shall be due and payable on the 20th day of the next succeeding month. Taxes due shall bear interest at the rate of 1% per month or fractional part of a month from the date they are due and payable until paid.
(d) Additional penalty.--
If a distributor neglects or refuses to make any report and payment as required, an additional 10% of the amount of the tax due shall be added by the department and collected as provided. In addition to the added penalty, the permit of the distributor may be suspended or revoked by the department.
(Nov. 25, 2013, P.L.974, No.89, eff. Jan. 1, 2014)
2013
Amendment.
Act 89 amended subsec. (b)(2). See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 90 - Liquid Fuels and Fuels Tax › Section 9008 - Examination of records and equipment

§ 9008. Examination of records and equipment.
(a) General rule.--
The department or any agent appointed in writing by the department is authorized to examine the books, papers, records, storage tanks and any other equipment of any distributor, dealer or any other person pertaining to the use or sale and delivery of liquid fuels and fuels taxable under this chapter to verify the accuracy of any report or payment made under the provisions of this chapter or to ascertain whether or not the tax imposed by this chapter has been paid. Any information gained by the department as the result of the reports, investigations or verifications required to be made shall be confidential.
(b) Penalty.--
A person divulging confidential information under subsection (a) commits a misdemeanor of the third degree.
(c) Consumer protection.--
Notwithstanding subsection (a) or (b) or section 731 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, incorrect liquid fuel, fuel or alternative fuel composition information, including octane values, discovered by the department upon examination of storage tank contents or related records may be disclosed to an appropriate enforcement authority for investigation.
(d) Public safety.--
Notwithstanding subsection (a) or (b) or section 731 of The Fiscal Code, any suspected violation that could pose a threat to public safety discovered by the department during an examination authorized by this section may be disclosed to an appropriate enforcement authority for investigation.
(Nov. 25, 2020, P.L.1242, No.129, eff. imd.)
2020 Amendment.
Act 129 added subsecs. (c) and (d).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 90 - Liquid Fuels and Fuels Tax › Section 9009 - Retention of records by distributors and dealers

§ 9009. Retention of records by distributors and dealers.
(a) Record retention period.--
(1) The distributor and dealer shall maintain and keep for a period of two years a record of liquid fuels and fuels used or sold and delivered within this Commonwealth by the distributor, together with invoices, bills of lading and other pertinent papers as required by the department.
(2) A person purchasing liquid fuels and fuels taxable under this chapter from a distributor for the purpose of resale shall maintain for a period of two years a record of liquid fuels and fuels received, the amount of tax paid to the distributor as part of the purchase price, delivery tickets, invoices and bills of lading and such other records as the department requires.
(3) Additional records include:
(i) A distributor shall keep a record showing the number of gallons of:
(A) all diesel fuel inventories on hand at the first of each month;
(B) all diesel fuel refined, compounded or blended;
(C) all diesel fuel purchased or received, showing the name of the seller and the date of each purchase or receipt;
(D) all diesel fuel sold, distributed or used, showing the name of the purchaser and the date of sale, distribution or use; and
(E) all diesel fuel lost by fire or other accident.
(ii) A dealer shall keep a record showing the number of gallons of:
(A) all diesel fuel inventories on hand at the first of each month;
(B) all diesel fuel purchased or received, showing the name of the seller, the date of each purchase or receipt;
(C) all diesel fuel sold, distributed or used; and
(D) all diesel fuel lost by fire or other accident.
(b) Penalty.--
Any person violating any of the provisions of this section commits a misdemeanor of the third degree.
Cross References.
Section 9009 is referred to in sections 9017, 9404 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 90 - Liquid Fuels and Fuels Tax › Section 9011 - Discontinuance or transfer of business

§ 9011. Discontinuance or transfer of business.
(a) Notice to department.--
If a distributor engaged in the use or sale and delivery of liquid fuels or fuels ceases to be a distributor by reason of the discontinuance, sale or transfer of the distributor's business, the distributor shall notify the department in writing within ten days after the discontinuance, sale or transfer takes effect. The notice shall give the date of discontinuance and, in the event of a sale or transfer of the business, the name and address of the purchaser or transferee of the business. The distributor, within ten days after the discontinuance, sale or transfer takes effect, shall make a report and pay all taxes, interest and penalties due and shall surrender the permit to the department.
(b) Penalty.--
A person violating any of the provisions of subsection (a) commits a misdemeanor of the third degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 90 - Liquid Fuels and Fuels Tax › Section 9012 - Suspension or revocation of permits

§ 9012. Suspension or revocation of permits.
(a) Notice and hearings.--
If the department finds that the holder of a permit has failed to comply with the provisions of this chapter, the department shall notify the permit holder and afford the permit holder a hearing on five days' written notice.
(b) Action by department.--
After a hearing, the department may revoke or suspend the permit. Upon suspending or revoking a permit, the department shall request the holder of the permit to surrender to it immediately all permits or duplicates issued to the holder.
(c) Surrender of permits.--
The holder shall surrender promptly all permits to the department as requested.
(d) Penalty.--
A person who refuses to surrender a permit suspended or revoked by the department commits a summary offense.