reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 83 - Scenic Highways › Section 8309 - Designation of U.S. Route 202 Parkway as scenic byway

§ 8309. Designation of U.S. Route 202 Parkway as scenic byway.
(a) General rule.--
Because of its outstanding scenic, historic, recreational, cultural, natural and archeological characteristics, the 8.6 mile U.S. Route 202 Parkway between State Route 63 (Welsh Road) in Montgomery Township and State Route 611 in Doylestown Township is hereby designated as a scenic byway.
(b) Effect of designation.--
No outdoor advertising device, as defined in section 3 of the act of December 15, 1971 (P.L.596, No.160), known as the Outdoor Advertising Control Act of 1971, may be erected:
(1) within 660 feet of the nearest edge of the right-of-way; or
(2) more than 660 feet from the nearest edge of the right-of-way, outside of urban areas, if the sign is visible from the main-traveled way of the scenic byway and the purpose of the sign is that its message be read from the main-traveled way of the scenic byway, except:
(i) the official signs and notices which are required or authorized by law and which conform to the national standards promulgated by the Secretary of Transportation of the United States pursuant to 23 U.S.C. § 131 (relating to control of outdoor advertising);
(ii) outdoor advertising devices advertising the sale or lease of the real property upon which they are located;
(iii) outdoor advertising devices advertising activities conducted on the property on which they are located, including devices which display a message that may be changed at reasonable intervals by electronic process or remote control;
(iv) directional signs, including, but not limited to, signs pertaining to natural wonders, scenic and historical attractions and other points of interest to the traveling public which conform to the national standards promulgated by the Secretary of Transportation of the United States pursuant to 23 U.S.C. § 131; and
(v) signs approved by the department designating the route as a scenic byway installed in accordance with department requirements.
(July 5, 2012, P.L.1140, No.140, eff. 60 days)
2012 Amendment.
Act 140 added section 8309. See section 2 of Act 140 in the appendix to this title for special provisions relating to designation of bridge.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 84 - Motor Carriers › Section 8401 - Definitions

§ 8401. 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:
"Common carrier by motor vehicle."
As defined in 66 Pa.C.S. § 102 (relating to definitions).
"Contract carrier by motor vehicle."
As defined in 66 Pa.C.S. § 2501(b) (relating to definitions).
"Indemnity provision."
A provision which:
(1) is contained in, is collateral to or affects a motor carrier transportation contract; and
(2) indemnifies or attempts to indemnify the promisee against liability for loss or damage resulting from intentional, reckless or negligent acts or omissions.
"Motor carrier."
As defined in 66 Pa.C.S. § 102 (relating to definitions).
"Motor carrier transportation contract."
Any contract, agreement or understanding covering any of the following:
(1) Transportation of property for compensation by a motor carrier.
(2) Entrance on property by a motor carrier for the purpose of loading, unloading or transporting property for compensation.
(3) Service incidental to activity described in paragraph (1) or (2). This paragraph includes storage of property.
The term does not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis, containers or other intermodal equipment.
"Promisee."
A person that receives a promise under a motor carrier transportation contract. The term includes any agent, employee or independent contractor that is directly responsible to the promisee. The term excludes a motor carrier.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 84 - Motor Carriers › Section 8402 - Indemnity provisions void

§ 8402. Indemnity provisions void.
(a) Public policy.--
The General Assembly finds and declares that, except as set forth in subsection (c), indemnity provisions are against the public policy of the Commonwealth.
(b) Effect.--
Except as set forth in subsection (c), an indemnity provision is void.
(c) Exception.--
This section shall not apply to a contract or agreement which concerns or affects transportation involving a railroad.
Applicability.
Section 2 of Act 83 of 2010 provided that section 8402 shall apply to contracts entered into on or after the effective date of section 2.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9104 - Duties of board

§ 9104. Duties of board.
(a) Duties.--
The board shall do all of the following:
(1) Meet as often as necessary but at least annually.
(2) Adopt guidelines establishing the procedure by which a public entity may submit a request for a proposed transportation project or a private entity may submit an unsolicited plan for a proposed transportation project to the board.
(3) Consult with persons affected by proposed transportation projects.
(4) Evaluate and, where the board finds that the requests or plans for proposed transportation projects are in the best interests of the Commonwealth and a public entity, approve the requests or plans for proposed transportation projects. No proposed transportation project that provides for optional user fees may be approved by the board unless the board members approve such a project unanimously. The board shall approve a proposed transportation project by adopting a resolution.
(5) Submit an annual report to the General Assembly detailing all transportation projects evaluated and resolutions adopted.
(b) Actions.--
Actions by the board are a determination of public policy and public interest and shall not be considered adjudications under 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) and shall not be appealable to the department or a court of law.
(c) General Assembly.--
The following shall apply:
(1) Upon receipt of the resolution from the board under section 9105(b.2), the General Assembly may, within 20 calendar days or nine legislative days, whichever is longer, pass a concurrent resolution rescinding the approval of a transportation project if the transportation facility which is the subject of the transportation project is owned by the Commonwealth.
(2) If the General Assembly adopts the concurrent resolution within the time period under paragraph (1) by majority vote in both the Senate and the House of Representatives, the transportation project shall be deemed disapproved.
(3) If the General Assembly fails to adopt the concurrent resolution by majority vote in both the Senate and the House of Representatives within the time period under paragraph (1), the transportation project shall be deemed approved.
(July 11, 2022, P.L.1566, No.84, eff. imd.)
2022 Amendment.
Act 84 amended subsecs. (a)(2) and (4) and (c)(1).
Effective Date.
Section 3(1) of Act 88 of 2012 provided that section 9104 shall take effect immediately.
Cross References.
Section 9104 is referred to in section 9109 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9106 - Solicitations for transportation projects

§ 9106. Solicitations for transportation projects.
A public entity may solicit transportation projects through a request for transportation projects. The public entity shall give public notice of a request for transportation projects consistent with section 9109(c) (relating to selection of development entities). Offerors shall submit their responses to the public entity in the form and manner required by the request for transportation projects. A public entity shall evaluate each response to determine if the response is in the best interest of the public entity. Upon being satisfied, the public entity may prepare and submit a request to the board to review the transportation project in accordance with this chapter.
Cross References.
Section 9106 is referred to in section 9120 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9107 - Transportation projects

§ 9107. Transportation projects.
(a) Submission.--
Except as provided under subsection (b), a public entity which seeks to undertake a transportation project which has not been previously approved by the board shall submit a request for the transportation project to the board.
(b) Exception.--
This chapter shall not apply to a transportation project which a public entity is authorized under law to undertake on the effective date of this subsection.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9108 - Requests

§ 9108. Requests.
A request may be solicited or unsolicited and may provide for the development or operation of transportation facilities using a variety of project delivery methods and forms of agreement. The methods may include:
(1) Predevelopment agreements leading to other implementing agreements.
(2) A design-build agreement.
(3) A design-build-operate agreement.
(4) A design-build-maintain agreement.
(5) A design-build-finance-operate agreement.
(6) A design-build-operate-maintain agreement.
(7) A design-build-finance-operate-maintain agreement.
(8) An operate-maintain agreement.
(9) A concession providing for the development entity to design, build, operate, maintain, manage or lease a transportation facility.
(10) Any other innovative or nontraditional project delivery method or agreement or combination of methods or agreements that the public entity determines will address the transportation needs of the Commonwealth and the public entity and serve the public interest.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9111 - Records of requests

§ 9111. Records of requests.
The following shall apply:
(1) Upon the selection of a development entity to be a party to a public-private transportation partnership agreement, the identity of the development entity selected, the contents of the response of the development entity to the request for proposals, the final proposal submitted by the development entity and the form of the public-private transportation partnership agreement shall be made public. Any financial information of a development entity that was requested in the request for proposals or during discussions and negotiations to demonstrate the economic capability of a development entity to fully perform the requirements of the public-private transportation partnership agreement shall not be subject to public inspection.
(2) A proprietary public and a private development entity may agree, in their discretion, to make public any information described under paragraph (1) that would not otherwise be subject to public inspection.
(3) If a proprietary public entity terminates a public-private transportation partnership agreement for default, rejects a private entity on the grounds that the private entity is not responsible or suspends or debars a development entity, the private entity or development entity, as appropriate, shall, upon written request, be provided with a copy of the information contained in the file of the private entity or development entity maintained by the proprietary public entity under a contractor responsibility program.
(4) The following information shall not be public:
(i) Information relating to proprietary information, trade secrets, patents or exclusive licenses, architectural and engineering plans and information relating to competitive marketing materials and strategies.
(ii) Security information, including risk prevention plans, detection and countermeasures, emergency management plans, security and surveillance plans, equipment and usage protocols and countermeasures.
(iii) Records considered nonpublic matters or information by the Securities and Exchange Commission under 17 CFR 200.80 (relating to commission records and information).
(iv) Any financial information deemed confidential by the proprietary public entity upon a showing of good cause by the offeror or development entity.
(v) Records prepared or utilized to evaluate a proposal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9112 - Use of intellectual property

§ 9112. Use of intellectual property.
Unless otherwise agreed and except to the extent not transferable by law, the department or a proprietary public entity shall have the right to use all or a portion of a submitted proposal, including the technologies, techniques, methods, processes and information contained in the proposal. Notice of nontransferability by law shall be given to the department and the proprietary public entity in response to the request for proposals.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9113 - Police powers and violations of law

§ 9113. Police powers and violations of law.
(a) Enforcement of traffic laws.--
To the extent the public-private transportation project is a highway, bridge, tunnel overpass or similar transportation facility for motor vehicles, 75 Pa.C.S. (relating to vehicles) and other laws of this Commonwealth or, if applicable, any local jurisdiction shall be the same as those applying to conduct on similar transportation facilities in this Commonwealth or the local jurisdiction. Punishment for offenses shall be prescribed by law for conduct occurring on similar transportation facilities in this Commonwealth or the local jurisdiction.
(b) Arrest powers.--
All officers authorized by law to make arrests for violations of law in this Commonwealth shall have the same powers, duties and jurisdiction within the limits of a public-private transportation project as they have in their respective areas of jurisdiction. The grant of authority under this section shall not extend to the private offices, buildings, garages and other improvements of a development entity to any greater degree than the police power extends to any other private offices, buildings, garages and other improvements.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9114 - Environmental and other authorizations

§ 9114. Environmental and other authorizations.
(a) The Administrative Code of 1929.--
Notwithstanding any other provision of law, neither soliciting nor approving a request for proposals, nor executing a public-private transportation partnership agreement under this chapter shall constitute the submission of a preliminary plan or design to the department under section 2002(b) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.
(b) Environmental authorizations.--
A public-private transportation partnership agreement may require that prior to commencing any construction in connection with the development, operation or financing of any public-private transportation project if the agreement requires environmental authorizations to be obtained, the development entity shall do any of the following:
(1) Secure all necessary environmental permits and authorizations and, if specified under the act of May 19, 1995 (P.L.4, No.2), known as the Land Recycling and Environmental Remediation Standards Act, obtain the approval of the Department of Environmental Protection.
(2) Complete environmental remediation of the site on which the public-private transportation project is to be located, including acts required under any agreement entered into with the Department of Environmental Protection for remediation of the site under the Land Recycling and Environmental Remediation Standards Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9115 - Taxation of development entity

§ 9115. Taxation of development entity.
(a) General rule.--
To the extent that revenues or optional user fees received by a development entity pursuant to a public-private transportation partnership agreement are subject to a tax imposed by a political subdivision prior to the effective date of this section, the revenues or user fees shall continue to be subject to the tax and to future increases in the rate of the tax.
(b) New taxation barred.--
After the effective date of this section, no new tax shall be imposed by a political subdivision or the Commonwealth on the revenues or optional user fees received by a development entity pursuant to a public-private transportation partnership agreement.
(c) Realty transfer tax.--
No public-private transportation partnership agreement, lease, concession, franchise or other contract involving real property of a public-private transportation project shall be subject to a Commonwealth or local realty transfer tax imposed under the act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act, the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, or a successor statute.
(d) Property.--
Property used in connection with a public-private transportation project shall be considered public property and shall be exempt from ad valorem property taxes and special assessments levied against property by the Commonwealth or any political subdivision.
(July 11, 2022, P.L.1566, No.84, eff. imd.)
2022 Amendment.
Act 84 amended subsecs. (a) and (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9115.1 - Prohibition on mandatory user fees

§ 9115.1. Prohibition on mandatory user fees.
A user fee may not be imposed as part of a transportation project approved under this chapter, unless the user fee is imposed only on individuals who select optional means to transit the transportation facility, such as limited access lanes or similar programs that allow individuals multiple means to transit the same transportation facility.
(July 11, 2022, P.L.1566, No.84, eff. imd.)
2022 Amendment.
Act 84 added section 9115.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9116 - Power of eminent domain

§ 9116. Power of eminent domain.
The exercise of the power of eminent domain by any condemnor to acquire property for public-private transportation project purposes under a public-private transportation partnership agreement shall be considered a taking for a public purpose and not for a private purpose or for private enterprise.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9117 - Sovereign immunity

§ 9117. Sovereign immunity.
Under section 11 of Article I of the Constitution of Pennsylvania, it is declared to be the intent of the General Assembly that the Commonwealth, and its officials and employees, and a municipal authority, and its officials and employees, acting within the scope of their duties, shall continue to enjoy sovereign immunity and official immunity and remain immune from suit except as provided in section 9118 (relating to specific performance). A claim against the Commonwealth and its officials and employees or municipal authority and its officials and employees shall be brought only in such manner and in such courts and in such cases as directed by the provision of section 9110(e) (relating to public-private transportation partnership agreement), 42 Pa.C.S. Ch. 85 (relating to matters affecting government units), 62 Pa.C.S. Ch. 17 (relating to legal and contractual remedies) or any procurement law applicable to a municipal authority.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9118 - Specific performance

§ 9118. Specific performance.
A proprietary public entity is authorized to agree that specific performance shall be available to a development entity as a remedy for a breach by the proprietary public entity of its representations, covenants, warranties or other obligations under the public-private transportation partnership agreement to the extent set forth in the public-private transportation partnership agreement.
Cross References.
Section 9118 is referred to in section 9117 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9119 - Applicability of other laws

§ 9119. Applicability of other laws.
(a) General rule.--
Except as provided under subsection (b), all provisions of laws related to the development, construction, operation or financing of a transportation project in effect on the date the public-private transportation partnership agreement is fully executed shall apply to a public-private transportation partnership agreement entered into between a proprietary public entity and a development entity. The provisions shall include:
(1) The act of May 1, 1913 (P.L.155, No.104), referred to as the Separations Act; however, the development entity selected under section 9109 (relating to selection of development entities) shall be the person whose duty it is to receive separate bids and award and enter into separate contracts for each of the subject branches of work required for the erection, construction and alteration of a public building under a public-private transportation partnership agreement.
(2) The act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act.
(b) Limitation.--
The following apply:
(1) If the public entity or the proprietary public entity is a Commonwealth agency, 62 Pa.C.S (relating to procurement) shall apply only to the extent provided under paragraph (2).
(2) The following shall apply if the public entity or the proprietary public entity is a Commonwealth agency:
(i) Section 107 (relating to reciprocal limitations).
(ii) Section 531 (relating to debarment or suspension).
(iii) Section 541 (relating to approval of accounting system).
(iv) Section 551 (relating to right to inspect plant).
(v) Section 552 (relating to right to audit records).
(vi) Section 563 (relating to retention of procurement records).
(vii) Chapter 17 (relating to legal and contractual remedies).
(Nov. 25, 2013, P.L.974, No.89, eff. 60 days)
2013 Amendment.
Act 89 amended subsec. (a)(1). 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 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9120 - Adverse interests

§ 9120. Adverse interests.
(a) Private entity adverse interests.--
The following shall apply:
(1) Except as provided under paragraph (2), a private entity which submits a response to a request for proposals under section 9109 (relating to selection of development entities), a request for transportation projects under section 9106 (relating to solicitations for transportation projects) or an unsolicited proposal, and which is also a State advisor or a State consultant for the department or the Pennsylvania Turnpike Commission, shall not be deemed to be in violation of the State Adverse Interest Act while engaging in any of the following activities:
(i) Preparing or submitting a response to a request for proposals or transportation projects.
(ii) Participating in any activity with the department related to a request for proposals or transportation projects.
(iii) Negotiating and entering into any contract lease or public-private transportation partnership agreement which results from a request for proposals or transportation projects.
(iv) Engaging in any other action taken in furtherance of the purposes of this chapter.
(2) A private entity which submits a response to a request for proposals or transportation projects or acts as a consultant or an advisor to a private entity which submits a response to a request for proposals or transportation projects to the department shall be prohibited from consulting or providing advice to the department on the review or approval of the response to the request for proposals or transportation projects as submitted.
(3) A private entity which submits a response to a request for proposals or transportation projects or acts as a consultant or an advisor to a private entity which submits a response to a request for proposals or transportation projects to the board shall be prohibited from consulting or providing advice to the department on the review or approval of the response to the request for proposals or transportation projects so submitted.
(b) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"State advisor." As defined in section 2(7) of the act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act.
"State consultant." As defined in section 2(9) of the act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9121 - Federal, State, local and private assistance

§ 9121. Federal, State, local and private assistance.
(a) Federal assistance.--
The following shall apply:
(1) The department or a proprietary public entity may accept from the United States or any of its agencies funds that are available to the Commonwealth for carrying out this chapter, whether the funds are made available by grant, loan, loan guarantee or otherwise.
(2) The department or a proprietary public entity is authorized to assent to any Federal requirements, conditions or terms of any Federal funding accepted by the department or a proprietary public entity under this section.
(3) The department or a proprietary public entity may enter into agreements or other arrangements with the United States or any of its agencies as may be necessary for carrying out the purposes of this chapter.
(b) Acceptance of grants and donations.--
The department or a proprietary public entity may accept from any source any grant, donation, gift or other form of conveyance of land, money or other real, personal or mixed property or other item of value for carrying out the purpose of this chapter.
(c) Contributions.--
Subject to acceptance and agreement between the development entity and a proprietary public entity, any public-private transportation project may be financed, in whole or in part, by contribution of any funds or property made by a proprietary public entity, a development entity or an affected jurisdiction.
(d) Combination of funds.--
The department or proprietary public entity may combine Federal, State, local and private funds to finance a public-private transportation project under this chapter.
(e) Itemization.--
Pursuant to section 7(a)(4) of Article VIII of the Constitution of Pennsylvania, a public-private transportation project funded, in whole or in part, through the issuance of debt where the credit of the Commonwealth is pledged shall be itemized in a capital budget itemization act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9123 - Pennsylvania Turnpike Commission

§ 9123. Pennsylvania Turnpike Commission.
The Pennsylvania Turnpike Commission may not enter into a public-private transportation partnership agreement in the capacity of a proprietary public entity with respect to granting substantial oversight and control over the Turnpike Mainline to another entity unless specific authority is granted through an act of law passed by the General Assembly. However, this shall not restrict the Pennsylvania Turnpike Commission from entering into a public-private transportation partnership agreement under this chapter or under other statutes which does not involve granting substantial oversight and control over the Turnpike Mainline to another entity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 91 - Public-Private Transportation Partnerships › Section 9124 - Regulations

§ 9124. Regulations.
(a) Department.--
In order to facilitate the implementation of this chapter, the department is authorized to promulgate regulations or publish guidelines that include the following:
(1) The process for review of a request for proposals or transportation projects or responses to requests for proposals or transportation projects issued by a public entity.
(2) The process for receipt and review of and response to competing responses to requests for proposals or transportation projects.
(3) The type and amount of information that is necessary for adequate review of and response to each stage of review of a proposal or transportation project.
(4) Any other provisions which are required under this chapter or which the department determines are appropriate for implementation of this chapter.
(b) Temporary regulations.--
Notwithstanding any other provision of law, any regulation promulgated by the department under this chapter during the two years following the effective date of this section shall be deemed temporary regulations which shall expire no later than three years following the effective date of this section or upon promulgation of final regulations. The temporary regulations shall not be subject to any of the following:
(1) Sections 201, 202, 203 and 204 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.
(2) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
Effective Date.
Section 3(1) of Act 88 of 2012 provided that section 9124 shall take effect immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 92 - Traffic Signals › Section 9201 - Definitions

§ 9201. 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:
"Critical corridor."
Either of the following:
(1) A State or municipal highway segment intersecting with a limited access ramp identified by the Secretary of Transportation.
(2) A State or municipal highway segment with bidirectional average annual daily traffic greater than 10,000 vehicles as determined by the department's Roadway Management System.
"Department."
The Department of Transportation of the Commonwealth.
"Designated traffic corridor."
A State or municipal highway segment, other than a critical corridor, determined by the Secretary of Transportation to be subject to the provisions of this chapter.
"Existing agreement."
An agreement between the department and a municipality for the maintenance of a traffic signal existing prior to the effective date of this section.
"Maintenance."
The activity of keeping a traffic signal in proper working condition during the useful life of the traffic signal.
"Municipality."
A county, city, borough, incorporated town, township or home rule municipality.
"Replace."
The modernization of an existing traffic signal within a critical or designated traffic corridor.
"Synchronize."
The coordination of the timing of all traffic signals within a critical or designated traffic corridor for the purpose of operating as a single system.
"Timing."
The programming of traffic signals within a critical or designated traffic corridor in order to synchronize the signals.
(July 20, 2016, P.L.861, No.101, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 93 - Bridge Bundling Program › Section 9301 - Definitions

§ 9301. 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:
"Bridge capital budget act."
The act of December 8, 1982 (P.L.848, No.235), known as the Highway-Railroad and Highway Bridge Capital Budget Act for 1982-1983.
"Department."
The Department of Transportation of the Commonwealth.
"Determination."
A decision by the department as to the eligibility, recommendation and inclusion in the program.
"Local government."
A county, city, borough, town or township.
"Program."
The Bridge Bundling Program.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 93 - Bridge Bundling Program › Section 9303 - Bridge Bundling Program

§ 9303. Bridge Bundling Program.
(a) Establishment.--
The Bridge Bundling Program is established within the department.
(b) Purpose.--
The purpose of the program is to save costs and time by allowing multiple bridges to be replaced or rehabilitated as one project for design and construction purposes.
(c) Eligibility.--
Bridges shall be eligible for the program if the bridges meet all of the following:
(1) Are within geographical proximity to each other.
(2) Are of similar size or design.
(3) Inclusion in the program will further the purpose of the program.
(d) Implementation.--
The department shall implement the program as follows:
(1) The department shall annually develop a preliminary list from different regions of this Commonwealth, on a rotating basis, of bridges meeting eligibility requirements.
(2) The department shall notify local governments owning bridges recommended for inclusion in that year's program.
(3) Following receipt of notification from the department, the governing body of a local government shall have 60 days to agree or refuse to participate in the program. Failure to respond in writing within 60 days shall be considered a refusal to participate in the program.
(4) Based on the response from local governments under paragraph (3), the department shall make a determination of bridges to be designed and constructed under the program and provide a list of the bridges to the appropriate planning organizations.
(4.1) A determination shall not be:
(i) considered to be an adjudication under 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); or
(ii) appealable to the department or a court of law.
(5) The following shall apply:
(i) A local government that agrees to participate in the program for one or more of its bridges shall enter into an agreement with the department. The agreement shall define the department's responsibility for the design and construction of the bridges and the continuing ownership and maintenance responsibilities of the local government for the bridges replaced or rehabilitated under the program.
(ii) The local government shall have 90 days following receipt of the agreement to execute and return the agreement to the department.
(iii) Failure to return an agreement executed by authorized local government officials under subparagraph (ii) shall be deemed a refusal to participate in the program.
(6) Upon full execution of an agreement under the program, the department shall manage the project design and construction in a manner consistent with the purpose of the program.
(e) Itemization.--
Notwithstanding any other law, bridges determined to be eligible and recommended for the program by the department shall not require specific itemization in a capital budget.
Cross References.
Section 9303 is referred to in section 9304 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 93 - Bridge Bundling Program › Section 9304 - Special exceptions

§ 9304. Special exceptions.
Notwithstanding section 2(c) of the bridge capital budget act:
(1) A local government that participates in the program shall be eligible for a reduction of up to 100%, as determined by the Secretary of Transportation, of its share of local costs associated with the design and construction of the bridge determined to be eligible for the program by the secretary.
(2) A local government that refuses to participate, or has been deemed to have refused to participate, in the program after receiving notification from the department under section 9303(d) (relating to Bridge Bundling Program) shall be responsible for 30% of the non-Federal share of the costs incurred with respect to the local government's bridges replaced or rehabilitated under programs other than the program established in this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 95 - Public Utility Facilities › Section 9501 - Adjustment

§ 9501. Adjustment.
(a) General rule.--
The following shall apply:
(1) If, in the construction, reconstruction, widening or relocation of a State highway, bridge or tunnel or a part of a State highway, bridge or tunnel, it becomes necessary, in the opinion of the Department of Transportation, to change, alter, adjust or relocate a water line or sanitary sewer owned and operated by a public utility, as defined in 66 Pa.C.S. § 102 (relating to definitions), the department may make the change, alteration, adjustment or relocation as may be required as a part of the construction, reconstruction, widening or relocation.
(2) In addition to paragraph (1), the department may also enter into agreements with the public utility for the sharing of costs of the change, alteration, adjustment or relocation. If, in the opinion of the department, the costs should be shared by the department and a public utility and the department is unable to agree with the public utility to a division of costs, the department may proceed with the work and petition the Pennsylvania Public Utility Commission for a determination of the costs to be borne by each party.
(b) Declaration of policy.--
A public utility under subsection (a) shall be entitled to a reimbursement in a similar manner as a city, borough, incorporated town, township and municipal authority under section 412.1 of the act of June 1, 1945 (P.L.1242, No.428), known as the State Highway Law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 96 - Steel Painting › Section 9601 - Definitions

§ 9601. 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:
"Department."
The Department of Transportation of the Commonwealth.
"QP1 certification."
A painting contractor approval that evaluates a contractor who performs surface preparation and industrial coating application on steel structures in the field to confirm the contractor's ability to provide quality work in accordance with applicable safety, health and environmental standards.
"QP2 certification."
A painting contractor approval that evaluates a contractor's ability to perform industrial hazardous paint removal in a field operation to confirm the contractor's ability to provide quality work in accordance with applicable safety, health and environmental standards.
"Secretary."
The Secretary of Transportation of the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 74 - TRANSPORTATION › Chapter 96 - Steel Painting › Section 9602 - Prequalification of bidders

§ 9602. Prequalification of bidders.
(a) Establishment.--
Notwithstanding any other provision of law, the department shall establish procedures to authorize third parties to prequalify competent and responsible bidders for high performance and conventional steel painting for highway and bridge projects.
(b) Certification.--
Bidders eligible for prequalification under subsection (a) shall have obtained a QP1 certification or QP2 certification, as appropriate, as developed by the Society for Protective Coatings, formerly known as the Steel Structures Painting Council, or other certification that is substantially equivalent to a QP1 or QP2 certification, as determined by the secretary.
(c) Effectiveness.--
The secretary's designation of a third party to prequalify bidders under this section shall be effective for a period not exceeding one year from the date of the designation.
(d) Suspension or debarment.--
Nothing under this section shall prevent the department from suspending or debarring a contractor, under the terms and conditions set forth in 67 Pa. Code §§ 457.13 (relating to suspension or debarment) and 457.14 (relating to debarment appeals procedure), that has been prequalified by a third party under this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 1 - General Provisions › Extra - Chapter Notes

Enactment.
Chapter 1 was added June 17, 1976, P.L.162, No.81, effective July 1, 1977.
Enactment.
Chapter 11 was added June 17, 1976, P.L.162, No.81, effective July 1, 1977.
Cross References.
Chapter 11 is referred to in sections 1301, 1373 of this title.
Enactment.
Subchapter C was added December 20, 1995, P.L.666, No.74, effective immediately.
Enactment.
Subchapter D was added December 9, 2002, P.L.1278, No.152, effective in 60 days.
Cross References.
Subchapter D is referred to in sections 4729, 7309 of this title.
Enactment.
Chapter 13 was added June 17, 1976, P.L.162, No.81, effective July 1, 1977, unless
            otherwise noted.
Cross References.
Chapter 13 is referred to in sections 1516, 1752, 1798.3, 1911, 3722, 6117, 7702 of
            this title.
Enactment.
Chapter 15 was added June 17, 1976, P.L.162, No.81, effective July 1, 1977, unless
            otherwise noted.
Cross References.
Chapter 15 is referred to in sections 1516, 1614, 1702 of this title; section 8613
            of Title 20 (Decedents, Estates and Fiduciaries); section 4521.1 of Title 42 (Judiciary
            and Judicial Procedure).
Enactment.
Subchapter D was added December 10, 1996, P.L.925, No.149, effective immediately unless
            otherwise noted.
Cross References.
Subchapter D is referred to in section 3804 of this title.
Enactment.
Chapter 16 was added May 30, 1990, P.L.173, No.42, effective November 1, 1990, unless
            otherwise noted.
Cross References.
Chapter 16 is referred to in sections 1501, 1502, 1516, 1573 of this title; section
            7416 of Title 35 (Health and Safety).
Enactment.
Chapter 17 was added February 12, 1984, P.L.26, No.11. Section 12 of Act 12 of 1984
            provided that Act 11 shall take effect October 1, 1984.
Prior Provisions.
Former Chapter 17, which related to the same subject matter, was added June 17, 1976,
            P.L.162, No.81, and repealed February 12, 1984, P.L.26, No.11, effective October 1,
            1984.
Cross References.
Chapter 17 is referred to in sections 1302, 1516, 1614, 4921, 8508 of this title;
            section 6155 of Title 42 (Judiciary and Judicial Procedure); section 57A07 of Title
            53 (Municipalities Generally); section 2603.1 of Title 66 (Public Utilities).
Cross References.
Subchapter B is referred to in sections 1302, 1787, 1797, 1798, 4921 of this title.
Cross References.
Subchapter D is referred to in sections 1787, 1792 of this title.
Cross References.
Subchapter E is referred to in section 1787 of this title.
Cross References.
Subchapter H is referred to in sections 1377, 1550 of this title.
Enactment.
Chapter 18 was added February 7, 1990, P.L.11, No.6, effective immediately.
Enactment.
Chapter 19 was added June 17, 1976, P.L.162, No.81, effective July 1, 1977.
Cross References.
Chapter 19 is referred to in section 1307 of this title.
Cross References.
Subchapter B is referred to in section 1331 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 1 - General Provisions › Section 104 - Continuation of existing law (Repealed)

§ 104. Continuation of existing law (Repealed).
1978 Repeal.
Section 104 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 11 - Certificate of Title and Security Interests › Extra - Chapter Notes

Enactment.
Chapter 11 was added June 17, 1976, P.L.162, No.81, effective July 1, 1977.
Cross References.
Chapter 11 is referred to in sections 1301, 1373 of this title.
Enactment.
Subchapter C was added December 20, 1995, P.L.666, No.74, effective immediately.
Enactment.
Subchapter D was added December 9, 2002, P.L.1278, No.152, effective in 60 days.
Cross References.
Subchapter D is referred to in sections 4729, 7309 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 11 - Certificate of Title and Security Interests › Section 1101 - Certificate of title required

transfer.
1117. Vehicle destroyed, dismantled, salvaged or recycled (Repealed).
1118. Suspension and cancellation of certificate of title.
1119. Application for certificate of title by agent.
§ 1101. Certificate of title required.
(a) General rule.--
Except as provided in section 1102 (relating to vehicles not requiring certificate of title), every owner of a vehicle which is in this Commonwealth and for which no certificate of title has been issued by the department shall make application to the department for a certificate of title of the vehicle.
(b) Registration without certificate prohibited.--
The department shall not register or renew the registration of a vehicle unless a certificate of title has been issued by the department to the owner or an application for a certificate of title has been delivered by the owner to the department.
(c) Penalty.--
Failure to obtain a certificate of title as required by law is a summary offense.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 11 - Certificate of Title and Security Interests › Section 1102 - Vehicles not requiring certificate of title

§ 1102. Vehicles not requiring certificate of title.
No certificate of title is required for:
(1) A vehicle owned by the United States unless it is registered in this Commonwealth.
(2) A golf cart, motor-driven cycle, go-cart or other similar vehicle unless it is registered in this Commonwealth.
(3) A new vehicle owned by a manufacturer or registered dealer before and until sale.
(4) A vehicle owned by a nonresident of this Commonwealth and not required by law to be registered in this Commonwealth.
(5) A vehicle owned by a resident legally required to be registered in another state, based and used principally outside of this Commonwealth, and not required by law to be registered in this Commonwealth.
(6) A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state.
(7) A vehicle moved solely by human or animal power.
(8) An implement of husbandry unless required to be registered.
(9) Special mobile equipment unless required to be registered.
(10) A multipurpose agricultural vehicle.
(11) A tow dolly.
(12) An electric personal assistive mobility device.
(Mar. 7, 1982, P.L.152, No.49, eff. imd.; July 11, 1985, P.L.220, No.56, eff. 60 days; Aug. 5, 1991, P.L.238, No.26, eff. imd.; July 4, 2002, P.L.692, No.105, eff. 60 days)
2002 Amendment.
Act 105 added par. (12).
1991 Amendment.
Act 26 added par. (11).
1985 Amendment.
Act 56 added par. (10).
1982 Amendment.
Act 49 amended the intro. par. and deleted par. (10).
Cross References.
Section 1102 is referred to in section 1101 of this title.