reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article II - Mass Transit › Chapter 427 - PUBLIC TRANSPORTATION-SUSTAINABLE MOBILITY › NEW INITIATIVES › Section 427.21 - Application requirements for new initiatives

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Applications for new initiatives must be
						received by the Department by 5 p.m. on the second Monday of January.
(b) Any project that has received a rating of
						medium, medium-high or high under
						49 U.S.C.A. §
													5309 (relating to capital investment) is
						considered to have satisfied the project evaluation requirements of this
						chapter but must provide supporting documentation to the Department.
(1) The project sponsor shall submit to the
						Department a copy of the application documentation as submitted to the US
						DOT/FTA that resulted in the rating.
(2) Updates to the project application
						documentation shall be provided to the Department as they are approved by the
						Federal Transit Administration.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article II - Mass Transit › Chapter 427 - PUBLIC TRANSPORTATION-SUSTAINABLE MOBILITY › NEW INITIATIVES › Section 427.22 - New initiative project evaluation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The Department will provide a project summary in the Pennsylvania Public
						Transportation Annual Performance Report for each completed application.
(1) The project summary will include
						comparisons with their current operations for key measures outlined in
						statute.
(2) The project summary
						will include comparisons with other similar systems for key measures outlined
						in statute.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 441 - ACCESS TO AND OCCUPANCY OF HIGHWAYS BY DRIVEWAYS AND LOCAL ROADS › Section 441.2 - Purpose and application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
It is in the public interest to regulate the
					 location, design, construction, maintenance and drainage of access driveways,
					 local roads, and other property within State highway right-of-way for the
					 purpose of security, economy of maintenance, preservation of proper drainage
					 and safe and reasonable access.
(b)
Other requirements.
Issuance of a permit under these
					 regulations does not relieve the permittee from any additional responsibility
					 to secure other Federal, State, or local approvals or permits as may be
					 required by law.
(c)
Authority.
These regulations are made pursuant to the State
					 Highway Law (36 P. S. §§
												670-101-670-1102), especially section 420
					 thereof (36 P. S. §
												670-420).
(d)
Safety requirements.
Nothing contained in this chapter is intended to relax existing safety
					 requirements.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 441 - ACCESS TO AND OCCUPANCY OF HIGHWAYS BY DRIVEWAYS AND LOCAL ROADS › Section 441.4 - Permit fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Permit
					 issuance fees.
Issuance fees shall be used to defray costs incurred by
					 the Department in reviewing and processing the application and plan, including
					 the preliminary review of the site location identified in the application, and
					 issuing and processing the permit.
(1)
					 Issuance fees shall be as follows:
(i) Minimum
					 use driveways-$15.
(ii) Low volume
					 driveways-$30.
(iii) Medium volume
					 driveways-$40.
(iv) High volume
					 driveways-$50.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 441 - ACCESS TO AND OCCUPANCY OF HIGHWAYS BY DRIVEWAYS AND LOCAL ROADS › Section 441.5 - Issuance of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Upon application duly made, in accordance with
					 this chapter, a permit will be issued by the appropriate district office,
					 subject to this chapter and the conditions contained on the permit and its
					 attachments and supplements. The permit will be the authority of the applicant
					 to proceed with the work and will also serve as a receipt for the fees
					 accompanying the application.
(b)
Permit issued only to property owner.
Permits will be issued
					 only to the owners of the property. Permits will not be issued to contractors
					 of the property owner nor to any person other than the owner of the
					 property.
(c)
Permits not
					 issued for certain structures.
Permits will not be issued for bus stop
					 shelters or phone booths, or for advertising signs, liquid fuel pumps, loading
					 platforms, weight scales, or any structure which the Department deems not
					 proper for occupancy of the right-of-way. However, the Department may authorize
					 bus stop shelters or phone booths by written agreement.
(d)
Permits not issued for certain
					 highways.
Permits will not normally be issued for occupancy of or
					 access to any limited access highway. In exceptional cases, the Department in
					 conjunction with the Federal Highway Administration, where applicable, may make
					 exceptions.
(e)
Waiver of
					 design requirements.
Waiver of design requirements shall be as
					 follows:
(1) If any design requirement set
					 forth in this chapter cannot be met, the director may waive the requirement if
					 the following conditions are satisfied:
(i) no
					 other reasonable access is available;
(ii) The applicant has done all that can
					 reasonably be done to satisfy the design requirements;
(iii) if additional land is required, the
					 applicant provides satisfactory evidence that it cannot be purchased at a
					 reasonable price;
(iv) no traffic
					 problem will be created; and
(v)
					 the applicant executes an indemnity agreement satisfactory to the
					 Commonwealth.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 441 - ACCESS TO AND OCCUPANCY OF HIGHWAYS BY DRIVEWAYS AND LOCAL ROADS › Section 441.6 - General conditions

Current through Register Vol. 54, No. 28, July 13, 2024
The following conditions shall apply to permits issued
						under the provisions of this chapter:
(1)
Scope of permit.
The
					 permit shall be binding upon the permittee, its agents, contractors,
					 successors, and assigns.
(i) The permittee
					 shall be responsible for causing compliance with all terms and conditions of
					 the permit by its employes, agents, and contractors.
(ii) The permit shall be located at the work
					 site and shall be available for inspection by any police officer or
					 representative of the Department.
(iii) The permit shall be maintained by the
					 permittee as a permanent record and remain in effect, subject to the permit
					 conditions and this chapter, as long as the driveway or the facility authorized
					 by the permit exists.
(iv)
					 Responsibility for compliance with the terms of the permit cannot be assigned
					 or transferred by the permittee without first obtaining approval from the
					 Department after submitting Form M-948, Assignment of Permit or
					 License.
(v) The permittee shall be
					 principally liable to the Department for any failure to comply with the permit
					 and this chapter. The principal liability of the permittee to the Department
					 shall not preclude the permittee or the Department from bringing any action
					 against the permittee's contractor, subcontractor, engineer, architect, or any
					 other person.
(vi) The permittee
					 shall be the only party in interest in any action against the Department before
					 the Board of Claims involving disputes arising from the permit.
(vii) Disputes between the permittee and the
					 Department shall be governed by the appropriate provisions in Form
					 408.
(viii) A permit shall be valid
					 only as long as the traffic volume of the driveway does not exceed the approved
					 driveway classification as set forth in §
												441.8(a) of this
					 title (relating to driveway design requirements).
(ix) The Department, in granting a permit,
					 will waive none of its powers or rights to require the future change in
					 operation, removal, relocation, or proper maintenance of any access within
					 State highway right-of-way.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 441 - ACCESS TO AND OCCUPANCY OF HIGHWAYS BY DRIVEWAYS AND LOCAL ROADS › Section 441.7 - General driveway requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Driveways shall be located, designed,
					 constructed and maintained in such a manner as not to interfere or be
					 inconsistent with the design, maintenance and drainage of the
					 highway.
(b)
General
					 location restrictions.
Access driveways shall be permitted at
					 locations in which:
(1) Sight distance is
					 adequate to safely allow each permitted movement to be made into or out of the
					 access driveway.
(2) The free
					 movement of normal highway traffic is not impaired.
(3) The driveway will not create a
					 hazard.
(4) The driveway will not
					 create an area of undue traffic congestion on the highway.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 441 - ACCESS TO AND OCCUPANCY OF HIGHWAYS BY DRIVEWAYS AND LOCAL ROADS › Section 441.8 - Driveway design requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
General requirements shall be as follows:
(1) The ability of a driveway to safely and
					 efficiently function as an integral component of a highway system requires that
					 its design and construction be based on the amount and type of traffic that it
					 is expected to serve and the type and character of roadway which it accesses.
					 This chapter separates driveways into four classifications, based on the amount
					 of traffic they are expected to serve. A description of each classification and
					 typical examples of land uses normally associated with each follows:
(i) Minimum use driveway, see Figure 7. A
					 driveway normally used by not more than 25 vehicles per day, such as:
(A) single family dwellings, duplex houses;
					 or
(B) apartments with five units
					 or less.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 441 - ACCESS TO AND OCCUPANCY OF HIGHWAYS BY DRIVEWAYS AND LOCAL ROADS › Section 441.9 - Driveway layout illustrations

Current through Register Vol. 54, No. 28, July 13, 2024
Figures 7 through 12 illustrate and supplement the
						minimum design requirements described in this chapter. Although site conditions
						may not allow strict adherence to the dimensions shown in these illustrations,
						every effort shall be made to design and construct the safest and most
						efficient access onto the State highway.
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Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 441 - ACCESS TO AND OCCUPANCY OF HIGHWAYS BY DRIVEWAYS AND LOCAL ROADS › Section 441.10 - Penalties and enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
A violation of this chapter or the permit
					 requirements shall constitute grounds for imposition of any or all of the
					 following penalties:
(1) Upon receipt of oral
					 or written notice of a violation from the authorized representative of the
					 Department or a police officer whose jurisdiction includes the permitted work
					 area, the permittee shall cease to perform further work in the permitted area
					 except to restore the area to a safe condition. Further work may not commence
					 in the permitted area until the violation has been remedied. If the permittee
					 has received oral notice of the violation, written notice shall be sent to the
					 permittee within 10 days of receipt of the oral notice.
(2) Confiscation of the applicant's permit by
					 a police officer or authorized representative of the Department.
(3) Revocation of the applicant's permit by
					 the Department.
(4) The Department
					 may block driveways or sever, remove or block drainage facilities constructed
					 without a permit or in violation of this chapter.
(5) The fines, imprisonment or other
					 penalties as are provided by law.
(6) The other action as may be deemed
					 necessary or proper after consultation with the Office of Chief
					 Counsel.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 443 - ROADSIDE REST AREAS › Section 443.1 - Purpose and policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
					 is promulgated for the purpose of providing comfortable, convenient, clean,
					 attractive and safe places for the general motoring public and to set forth
					 rules to insure the maximum comfort, convenience, cleanliness, health and
					 safety of those members of the general public using the facilities.
(b) This chapter applies to all rest areas
					 administered by the Department, including those containing information centers
					 for the traveling public, that is, Welcome Centers.
(c) This chapter is intended to limit
					 activities and actions in roadside rest areas to those that are consistent with
					 the purpose of the facilities.
This section cited in 67 Pa. Code §
													443.2 (relating to prohibited
						  activities or actions).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 443 - ROADSIDE REST AREAS › Section 443.2 - Prohibited activities or actions

Current through Register Vol. 54, No. 28, July 13, 2024
The following specified activities or actions are
						prohibited in roadside rest areas:
(1)
					 Failure to comply with posted traffic signs and markings.
(2) Parking or standing of a vehicle for more
					 than 2 hours in a single 24-hour period or in excess of the posted time limit.
					 Vehicles unattended for more than 24 hours will be considered abandoned and
					 subject to removal and storage at the sole cost and expense of the
					 owner.
(3) Driving or parking of a
					 vehicle in areas other than those provided.
(4) Defacing or damaging buildings or other
					 facilities.
(5) Igniting or
					 maintaining fires for heating or cooking equipment, except in areas or
					 facilities designed for the purpose.
(6) Depositing or disposing of refuse or
					 waste, except picnic waste and contents of vehicle litter bags, which shall be
					 deposited only in areas or containers provided for that purpose. Disposing of
					 camping, sewage or household refuse in these areas is prohibited.
(7) Consumption of alcoholic beverages or the
					 use, possession or delivery of controlled substances.
(8) Discharging or shooting of firearms or
					 bows and arrows, hunting or fishing, or parking of vehicles for the purpose of
					 hunting or fishing outside of the rest area.
(9) Maintenance or repairing of vehicles or
					 attachments to vehicles-oil changes, filter replacements, draining of coolants,
					 washing vehicles or attachments to vehicles, motor disassembly or assembly, and
					 the like-except in emergencies or when the vehicle has been placed out of
					 service by law enforcement after roadside inspection and the repairs needed to
					 return the vehicle to service can be completed within 2 hours. If the repairs
					 needed to return the vehicle to service cannot be completed within 2 hours, the
					 vehicle should be towed for repair to an appropriate garage or repair
					 facility.
(10) Release of pets or
					 unloading of livestock, with the following exceptions:
(i) Animals on leashes are permitted only in
					 areas designated as pet areas.
(ii)
					 Pets may be permitted off-leash in designated fenced-in areas.
(iii) Seeing-eye dogs and service dogs are
					 not restricted.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 443 - ROADSIDE REST AREAS › Section 443.3 - Additional prohibited activities or actions on noninterstate highways

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the activities prohibited in §
											443.2 (relating to prohibited
						activities or actions), parking of commercial vehicles or the parking of a
						vehicle between dusk and dawn is prohibited in roadside rest areas along
						noninterstate highways unless otherwise posted by the
						Department.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 445 - OUTDOOR ADVERTISING DEVICES › Section 445.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is promulgated for the purpose of
						establishing standards, including criteria for size, spacing and lighting, of
						outdoor advertising devices consistent with the act, and 23 U.S.C.A. (relating
						to highways) and the Federal regulations promulgated thereunder; and to
						establish a system for the issuing of permits for the outdoor advertising
						devices, as required by the act.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 445 - OUTDOOR ADVERTISING DEVICES › Section 445.3 - Directional and official signs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application.
This section applies to directional and official
					 signs and notices which are erected and maintained within 660 feet of the
					 nearest edge of the right-of-way of the interstate and Federal aid primary
					 system and which are visible from the main-traveled way of the system and those
					 signs located more than 660 feet from the nearest edge of the right-of-way and
					 visible as aforesaid if located outside of an urban area and erected with the
					 purpose of its message being read from the main traveled way.
(b)
Standards for directional
					 signs.
The following apply only to directional signs:
(1)
General.
The following
					 signs are prohibited:
(i) Signs advertising
					 activities that are illegal under Federal or State laws or regulations in
					 effect at the location of those signs or at the location of those
					 activities.
(ii) Signs which
					 obscure or otherwise interfere with the effectiveness of an official traffic
					 sign, signal or device, or obstruct or interfere with the driver's view of
					 approaching, merging or intersecting traffic.
(iii) Signs which are erected or maintained
					 upon trees or painted or drawn upon rocks or other natural features.
(iv) Obsolete signs.
(v) Signs which are structurally unsafe or in
					 disrepair.
(vi) Signs which move or
					 have any animated or moving parts.
(vii) Signs located in parklands or scenic
					 areas.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 445 - OUTDOOR ADVERTISING DEVICES › Section 445.4 - Signs in zoned or unzoned commercial or industrial areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application.
This
					 section applies to signs erected on or after December 15, 1971, as follows:
(1) In zoned or unzoned commercial or
					 industrial areas along those portions of the interstate system constructed on
					 right-of-way any part of the width of which was acquired on or before July 1,
					 1956.
(2) In areas zoned commercial
					 or industrial along the interstate system and lying within the boundaries of an
					 incorporated municipality as such boundaries existed on September 21, 1959, or
					 in another area along the interstate system which, as of September 21, 1959,
					 was clearly established by law as industrial or commercial.
(3) In zoned or unzoned commercial or
					 industrial areas along the primary system.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 445 - OUTDOOR ADVERTISING DEVICES › Section 445.5 - On-premise signs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application.
This section applies to signs which:
(1) Advertise the sale or lease of the
					 premises on which they are located.
(2) Advertise activities conducted on the
					 premises on which they are located.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 445 - OUTDOOR ADVERTISING DEVICES › Section 445.6 - Permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applicability.
An annual permit shall be required for signs
					 regulated under the act and this section, including:
(1) Directional and official signs. Reference
					 should be made to §
												445.3 (relating to directional and
					 official signs).
(2) Signs in zoned
					 or unzoned commercial or industrial areas. Reference should be made to §
												445.4 (relating to signs in zoned
					 or unzoned commercial or industrial areas).
(3) On premise signs along the interstate
					 system. Reference should be made to §
												445.5(c)
					 (relating to on-premise signs).
(4)
					 Signs prohibited to be erected or maintained under section 4 of the act
					 (36
					 P. S. §
													2718.104), until such time as
					 each sign has been removed; provided, however, that a permit may not be
					 required for signs in commercial or industrial zones, certified by the
					 Secretary to the Secretary of Transportation of the United States under section
					 5(b) and (d) of the act (36 P. S. §
													2718.105(b) and (d)), if the
					 local political subdivision has a legally established and operating procedure
					 for issuing the permits.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 445 - OUTDOOR ADVERTISING DEVICES › Section 445.7 - Restoration of damaged or partially destroyed nonconforming signs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application.
This section applies to signs erected or
					 controlled under this chapter or the act.
(b)
Nonconforming signs.
Nonconforming signs shall conform with the following:
(1) If a sign is damaged or destroyed as a
					 result of tortious conduct such as vandalism, the sign may be repaired or
					 replaced by the sign owner.
(2) If
					 a sign is damaged as a result of natural disaster or nontortious conduct so
					 that 50% or more of its value remains intact, the sign may be repaired by the
					 sign owner.
(3) The following apply
					 to signs damaged or destroyed as provided in paragraphs (1) and (2):
(i) Determination of the value of the sign
					 and the damage shall be made by the Department.
(ii) Replaced or repaired signs shall be of
					 equal or lesser dimensions and constructed of the same or less durable material
					 than the sign being replaced or repaired and shall contain no improvements or
					 additions.
(iii) If a sign is
					 replaced the replacement sign shall remain at the same location.
(iv) If a sign is destroyed or damaged as a
					 result of natural disaster or other nontortious conduct so that less than 50%
					 of the sign remains intact, the sign may be repaired or replaced only in
					 compliance with the provisions of this chapter. Determination of the value of
					 the sign and the damage shall be made by the Department.
(v) Damaged or destroyed signs not replaced
					 or repaired within 60 days of notice from the Department shall be considered
					 abandoned.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 445 - OUTDOOR ADVERTISING DEVICES › Section 445.8 - Abandoned signs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application.
This section applies to signs erected or
					 controlled under this chapter or the act.
(b)
Abandoned sign defined.
The following signs shall be presumed to be abandoned:
(1) A sign which has remained without bona
					 fide advertising for 12 months or which has been without a current lease or
					 license from the landowner for more than 90 days.
(2) A sign other than a nonconforming sign
					 which requires maintenance or repair in excess of 25% of the replacement cost
					 of the sign. Determination of the replacement cost of the sign and of the
					 amount of required maintenance or repair shall be made by the Department after
					 consultation with the sign owner.
(3) A sign for which a valid tag permit under
					 §
												445.6(b) and (c)
					 (relating to permits) was not issued.
(4) A sign considered abandoned under §
												445.7(b)
					 (relating to restoration of damaged or partially destroyed nonconforming
					 signs).
(5) A nonconforming sign,
					 otherwise compensable under section 9 of the act (36 P. S. §
													2718.109), which since the date on which the
					 sign became eligible for compensation, has been enlarged, illuminated or
					 structurally improved in any manner (except normal repairs) or the location of
					 which has been changed.
(6) A sign,
					 the permit for which has been revoked under the act or its amendments or this
					 chapter.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 445 - OUTDOOR ADVERTISING DEVICES › Section 445.9 - Erection, maintenance and repair of signs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application
. This
					 section applies to signs erected or controlled under this chapter or the
					 act.
(b)
Use of limited
					 access highway right-of-way prohibited
. A sign may not be erected,
					 maintained or repaired from a portion of a limited access highway right-of-way.
					 Sign owners or others responsible for the erection, maintenance or repair of a
					 sign shall be required to perform these functions from areas maintained or
					 controlled by them; nor may a vehicle be used in conjunction with an activity,
					 be parked or stood within the limited access highway right-of-way.
(c)
Preservation of
					 vegetation
. Vegetation located in the highway right-of-way may not be
					 destroyed, damaged, removed or disturbed in maintaining, repairing or erecting
					 a sign.
(d)
Penalty for
					 violation of section
. Penalty for violation of this section shall
					 comply with the following:
(1)
Penalty
. Penalty shall be as follows:
(i) Except as provided in paragraph (2), if a
					 landowner or sign owner or their employees or agents violate a provision of
					 this section, the permit for the sign shall be revoked and the sign owner shall
					 be required to remove the sign in the manner set forth in §
													445.8(c) 
					 (relating to abandoned signs).
(ii)
					 If a sign permit is revoked under this section, a permit will not be issued to
					 the sign owner for a sign within 500 feet of the original sign; nor will a
					 permit be issued to another person for a sign within 500 feet of the original
					 sign for 1 year from the removal of the original sign.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 447 - HAZARDOUS WALKING ROUTES › Section 447.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter establishes guidelines for determining if a
						designated school student walking route along a public highway is hazardous, as
						the defined term is used in sections 1362 and 2541 of the Public School Code of
						1949 (24 P. S. §§
												13-1362
						and 25-2541).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 447 - HAZARDOUS WALKING ROUTES › Section 447.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Elementary students
-School students in
						kindergarten or grades one through six.
Hazardous
-An unsafe condition caused by
						potential incompatability between vehicles and school students, while the
						students are walking between their home and their school or school bus
						stop.
Safe-running speed
-The official speed
						limit as posted by signs or, in the absence of a posted speed limit, the
						average speed as determined by making a minimum of five test runs in each
						direction and periodically recording the operating speed at different locations
						while driving at a speed which is reasonable and prudent considering the
						spacing of intersections, roadside development and sight distance.
Secondary students
-School students in
						grades 7 through 12.
Shoulder
-The portion of the highway
						contiguous to the roadway used for accommodation of stopped or parked vehicles,
						for emergency use or for lateral support of base and surface courses.
Sidewalk
-That portion of a street or
						highway or other public right-of-way which is reserved exclusively for
						pedestrian travel and is normally protected by a minimum average 4-inch high,
						nonmountable curb, or is not immediately adjacent to the roadway. A sidewalk
						should have a minimum width of 2 feet; a gravel, brick, stone or paved surface;
						and be available for use during normal weather conditions.
Student walking route
-The system of
						streets, shoulders, sidewalks and crosswalks used by school students when
						walking between their home and their school or school bus stop, officially
						designated by the school district or, where no official route has been
						designated, used by school students because of the unavailability of a
						reasonable alternate route.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 447 - HAZARDOUS WALKING ROUTES › Section 447.3 - General policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A request
					 for review of student walking routes should be referred to the appropriate
					 engineering district as listed in Appendix A. Personnel of the engineering
					 district will make the necessary study upon receipt of a written request from a
					 school district and the district engineer will certify whether the route is or
					 is not hazardous. The certification will be forwarded to the school district
					 and to the Department of Education.
(b) The Vehicle Code sets forth certain
					 rights and duties for pedestrians and vehicular traffic. These rights and
					 duties have been considered in the development of these guidelines.
					 Accordingly, if a hazard exists solely because of failure of drivers or school
					 students to obey the provisions of the Vehicle Code, the student walking route
					 may be declared hazardous; however, the basis for the hazardous walking route
					 determination shall be so noted on the certification and the problem brought to
					 the attention of the municipality.
(c) Road and traffic conditions shall be
					 evaluated before any highway or section of highway is declared hazardous. The
					 presence or absence of side walks shall be a factor in the evaluation but may
					 not be the controlling factor. The criteria for road and traffic conditions may
					 apply only to student walking routes, as defined in this chapter.
(d) This chapter may not be construed to
					 require school buses to stop at every dwelling in the event that a student
					 walking route or a portion thereof is declared hazardous, since such a policy
					 would increase the probability of bus-related accidents. A student may be
					 required to walk up to 500 feet on a roadway designated as a hazardous walking
					 route when the route is designated as hazardous in accordance with §
					 447.4(b) (relating to criteria).
(e) If changes occur in the condition of a
					 walking route that was previously inspected, a reevaluation of the route may be
					 requested.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 447 - HAZARDOUS WALKING ROUTES › Section 447.4 - Criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A student
					 walking route shall be considered hazardous if any one of the following three
					 conditions exist:
(1) Two or more
					 pedestrian-related accidents have occurred during the last 3 years while the
					 pedestrians were walking along the student walking route during hours students
					 are normally going to or from school.
(2) It is necessary for a student to cross a
					 roadway; either daily or intermittently, at a location where vehicular traffic
					 is not controlled by either traffic control signals or a stop sign, or where
					 students are not protected by an adult crossing guard; provided vehicular
					 traffic on roadway is in excess of the values given in the table below for any
					 15-minute period during which students are enroute to or from school:
TABLE I
RoadwayWidth
								  (ft)*
For Elementary StudentsNumber of
								  Vehicles
For Secondary StudentsNumber of
								  Vehicles
20 or less
155
175
24
130
150
30
100
120
36
80
100
48
40
60
* If the roadway is divided by a raised median which is
						at least 8 feet wide and has nonmountable curbs, the roadway should be
						considered as two separate roadways.
(3) It is necessary for students to cross a
					 railroad-highway grade crossing which has two or more tracks and the following
					 three qualifications are met:
(i) Trains
					 normally-not necessarily with regularity-use the crossing at the time the
					 students cross the tracks going to or from school.
(ii) The crossing is not protected by a
					 flashing light signal or a crossing guard.
(iii) The speed of the trains and the
					 available sight distance are such that students walking at a speed of 3.5 feet
					 per second cannot safely cross the tracks.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 447 - HAZARDOUS WALKING ROUTES › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
Engineering District
County
Engineering District 1-0 255 Elm Street P. O. Box
								398 Oil City, Pennsylvania 16301
Crawford Erie Forest Mercer Venango
								Warren
Engineering District 2-0 1924-30 Daisy Street P. O.
								Box 342 Clearfield, Pennsylvania 16830
Cameron Centre Clearfield
								Clinton Elk Juniata McKean Mifflin Potter
Engineering District 3-0 715 Jordan Avenue P. O.
								Box 218 Montoursville, Pennsylvania 17754
Bradford Columbia Lycoming
								Montour Northumberland Snyder Sullivan Tioga Union
Engineering District 4-0 55 Keystone Industrial
								Park Dunmore, Pennsylvania 18512
Lackawanna Luzerne Pike Susquehanna
								Wayne Wyoming
Engineering District 5-0 1002 Hamilton Street
								Allentown, Pennsylvania 18101
Berks Carbon Lehigh Monroe Northampton
								Schuylkill
Engineering District 6-0 7000 Geerdes Boulevard
								King of Prussia, Pennsylvania 19406
Bucks Chester Delaware Montgomery
								Philadelphia
Engineering District 8-0 2140 Herr Street
								Harrisburg, Pennsylvania 17103-1699
Adams Cumberland Dauphin Franklin
								Lancaster Lebanon Perry York
Engineering District 9-0 1620 North Juniata Street
								Hollidaysburg, Pennsylvania 16648
Bedford Blair Cambria Fulton
								Huntingdon Somerset
Engineering District 10-0 2550 Oakland Avenue P. O.
								Box 429 Indiana, Pennsylvania 15701-0429
Armstrong Butler Clarion
								Indiana Jefferson
Engineering District 11-0 45 Thoms Run Road
								Bridgeville, Pennsylvania 15017
Allegheny Beaver Lawrence
Engineering District 12-0 825 N. Gallatin Avenue
								Extension P. O. Box 459 Uniontown, Pennsylvania 15401
Fayette Green
								Washington Westmoreland
This Appendix A cited in 67 Pa. Code §
													447.3 (relating to general
						  policy).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 449 - LIQUID FUELS TAX FUNDS › Section 449.1 - Purpose and policy

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is promulgated for the purpose of effecting
						the fair and uniform administration of the provisions of the act of June 1,
						1956 (P. L. (1955) 1944, No. 655) (72 P. S. §§
												2615.1-2615.10) and
						75 Pa.C.S. §
												9511
						(relating to allocation of proceeds), which provide a permanent allocation of a
						part of the liquid fuels, fuels and oil company franchise tax proceeds to
						cities, boroughs, incorporated towns and townships, for their road, street and
						bridge purposes.
The provisions of this §
													449.1 issued under act of June 1,
						  1956 (P. L. (1955) 1944, No. 655) (72 P. S. §§
														2615.1-2615.10); the Vehicle Code,
						  75 Pa.C.S. §§
														6103 and
						  9511.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 449 - LIQUID FUELS TAX FUNDS › Section 449.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicated
						otherwise:
Alley
-A narrow roadway, usually to the
						rear of abutting properties, designed for the purpose of access to the rear of
						the properties and not as a thoroughfare; and every roadway less than 16 feet
						in width.
Court
-A dead-end roadway designed to
						provide access to properties abutting thereon which has a length of less than
						250 feet or a vehicle turnaround area with a radius of less than 40
						feet.
Department
-The Department of
						Transportation of the Commonwealth.
Intergovernmental agencies
-Councils of
						government, area governments or other affiliation of governments or government
						agencies as authorized by 62 Pa.C.S. Chapter 19 (relating to intergovernmental
						relations) to participate in, sponsor, conduct or administer a cooperative
						purchasing agreement and which expend public moneys for the procurement of
						supplies, services and construction.
Person
-Individual, partnership or
						corporation; contracts with two or more companies owned or operated by the same
						person are regarded as one contract.
Road machinery and road equipment
-Any
						machinery or equipment used primarily for the maintenance, repair, construction
						or reconstruction of public roads or streets, including bridges, culverts and
						drainage structures for which municipalities are legally responsible.
Roadway
-That portion of a street or
						highway between the side ditch lines, face of curbs, outside edge of shoulders
						and gutters, or combination thereof, exclusive of slope areas.
Secretary
-The Secretary of
						Transportation.
Way
-A short stretch of roadway having
						both terminals in a street or road and designed to provide access to properties
						abutting thereon.
Way, court and alley
-Any way, court or
						alley established after the effective date of this chapter will not be
						recognized as a road or street for purposes of Liquid Fuels Tax
						participation.
The provisions of this §
													449.2 amended under the Vehicle
						  Code,
						  75 Pa.C.S. §§
														6103 and
						  9511; and sections 1-10 of
						  the act of June 1, 1956 (P. L. (1955) 1944, No. 655) (72 P. S.
						  §§
														2615.1-2615.10).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 449 - LIQUID FUELS TAX FUNDS › Section 449.3 - Advertising, bidding and bond requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Advertising, bidding, and a performance bond are required by statute on
					 purchases and contracts in excess of $10,000, with certain exceptions indicated
					 in subsection (b). See: sections
					 1.1 and 1.2 of the act of March 7,
					 1901 (P. L. 20, No. 14) (53 P. S. §§
												23308.1 and
					 23308.2); sections 1901-1918
					 of the act of June 23, 1931 (P. L. 932, No. 317) (53 P. S. §§
												36901-36918); sections 1401-1411 of the act
					 of February 1, 1966 (P. L. (1965) 1656, No. 581) (53 P. S. §§
												46401-46411); the act of May 27, 1953 (P. L.
					 244, No. 34) (53 P. S. §§
												53201-53209); sections 1801-1811 of the act
					 of June 24, 1931 (P. L. 1206, No. 331) (53 P. S. §§
												56801-56811); sections 801-808 of the act of
					 May 1, 1933 (P. L. 103, No. 69) (53 P. S. §§
												65801-65809); and the Public Works
					 Contractors' Bond Law of 1967 (8 P. S. §§
												191-202).
(b)
Evasion prohibited.
While it is lawful to make a purchase or contract for up to $10,000 without
					 advertising and bidding, it is unlawful to enter into several less-than $10,000
					 contracts with the same person or with several persons merely for the purpose
					 of evading advertising and bidding requirements.
(c)
Bonds.
Bonds shall
					 include the following:
(1)
Bid
					 bond.
A bid bond guarantees that the bidder will execute the contract
					 in the event he is declared the winning bidder.
(2)
Performance bond.
A
					 performance bond guarantees that work, materials and equipment will be provided
					 at the time specified in the contract. A performance bond does not guarantee
					 the quality of the work, materials and equipment.
(3)
Payment bond.
A payment
					 bond guarantees that the contractor or supplier will pay his workers,
					 subcontractors and suppliers.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 449 - LIQUID FUELS TAX FUNDS › Section 449.4 - Exceptions to Department specifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
The
					 Department specifications, as set forth in the current Publication 408, and
					 supplements, apply to all purchases and contracts with the following
					 exceptions:
(1) Prequalification of bidders
					 under Section
					 102.01 of Publication 408 is not
					 required, except on projects funded in part with State highway funds other than
					 liquid fuels tax funds or with Federal-aid highway funds. See Chapter 457
					 (relating to prequalification of bidders). Section
					 106.01 of Publication 408,
					 relating to control of materials and approval of sources, does apply to all
					 purchases and contracts.
(2)
					 Marshall testing to determine the quality of bituminous paving materials (see
					 Pennsylvania Test Method (PTM) 705) is not required if the material is produced
					 in accordance with the master design approved by the Department (see Department
					 Bulletin 27).
(3) Tailgate-type
					 spreaders, for example, Temple spreaders, may be utilized for applying
					 aggregate for surface treatment, seal coat, and the like.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 449 - LIQUID FUELS TAX FUNDS › Section 449.5 - Failure to receive bids

Current through Register Vol. 54, No. 28, July 13, 2024
If a purchase or contract over $10,000 is advertised and
						no bids are received, the municipality may not proceed with the purchase or
						contract unless it is again advertised for bids. If again no bids are received,
						the municipality may negotiate the purchase or contract on the best terms
						available within 45 days of the second advertisement if no substantial changes
						are made in the terms, conditions and specifications contained in the bid
						proposal. If substantial changes must be made to procure the purchase or
						contract, the purchase or contract shall be re-advertised and bid on the basis
						of the changes.
The provisions of this §
													449.5 issued under The
						  Administrative Code of 1929 (71 P. S. §§
														511.3,
						  512 and
						  513); and act of June 1, 1956
						  (P. L. (1955) 1944, No. 655) (72 P. S. §§
														2615.1-2615.10); amended under the Vehicle
						  Code,
						  75 Pa.C.S. §§
														6103 and
						  9511; and sections 1-10 of
						  the act of June 1, 1956 (P. L. (1955) 1944, No. 655) (72 P. S.
						  §§
														2615.1-2615.10).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article III - Highways › Chapter 449 - LIQUID FUELS TAX FUNDS › Section 449.6 - Escalator clause in contracts, material purchases and equipment purchases

Current through Register Vol. 54, No. 28, July 13, 2024
There is no requirement for an escalator clause in any
						contract. However, if, after reasonable inquiry, the municipality, by
						resolution adopted at a public meeting, determines that it is unlikely that
						flat unit price bids will be obtainable for certain materials or equipment, the
						municipality may prepare and insert an escalator clause in the bid proposal to
						provide that the price of such materials and equipment will increase or
						decrease over the bid price if and when the cost to the contractor of the
						materials and equipment or any material ingredient thereof increases or
						decreases, as a result of a general price increase or decrease by the supplier
						of the contractor and in an amount directly related to such increase or
						decrease. An escalator clause is optional; however, if used, it must be
						included in the bid proposal prepared by the municipality. An escalator clause
						may not be inserted by the contractor.