Title 67 Pa. Code — Transportation

Part I Department of Transportation

Subpart A Vehicle Code Provisions

Chapter 11 Implements of Husbandry

67 Pa. Code § 11.1 Purpose.

This chapter establishes guidelines for determining whether a vehicle is an implement of husbandry; that is, whether it is one that is used exclusively for agricultural operations and only incidentally operated or moved upon highways.

History

• Authority: The provisions of this Chapter 11 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 11 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 11.2 Categories.

There are several categories of implements of husbandry, classified according to their relative incidence of operation or movement upon highways:

(1) Field equipment. Vehicles designed to be used only in the fields, such as choppers, disc harrows, cultivators, balers and the like. The only time the vehicle is used upon highways is to move it from one field or barn to another.

(2) Other vehicles. A vehicle designed for operation both on the farm and upon the highways, but used primarily on the farm, such as a farm tractor, farm wagon and steam cleaner.

(3) Trailers. A vehicle designed to haul and apply fertilizer and insecticide on farmland and operated only during daylight hours, which complies with 75 Pa.C.S. § 4529 (relating to slow moving vehicle emblem).

(4) Agricultural equipment. A vehicle which has agricultural equipment—for example, grain grinders or corn shellers—permanently attached in a manner which precludes the hauling of supplies, material, farm products and the like.

The provisions of this § 11.2 amended February 13, 1987, effective February 14, 1987, 17 Pa.B. 719. Immediately preceding text appears at serial pages (105077) to (105078).

Where the vehicle was designed primarily for highway use and had not been physically modified, the court held that it was not an implement of husbandry under subsection(b)(2), which requires substantial adaptation for highway use before it can be categorized as an implement of husbandry. Senft v. Keystone Insurance Co., 479 A.2d 1066 (Pa. Super. 1984).

History

• Authority: The provisions of this Chapter 11 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 11 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 11.3 Photograph required.

If an implement of husbandry, other than field equipment, is to be registered, a photograph of a unit shall be submitted with the application for certificate of title and registration.

History

• Authority: The provisions of this Chapter 11 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 11 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

Chapter 13 Special Mobile Equipment

67 Pa. Code § 13.1 Purpose.

It is the purpose of this chapter to establish guidelines for determining which vehicles designed for the transportation of persons or property with machinery attached may be registered as special mobile equipment.

History

• Authority: The provisions of this Chapter 13 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 13 adopted December 9, 1977, effective December 10, 1977, 7 Pa.

67 Pa. Code § 13.2 General.

(a) Determination of status. Any motor vehicle originally designed to be used for the transportation of property, to which machinery has been attached, may be considered special mobile equipment if the attachment of the machinery:

(1) Is permanent.

(2) Precludes the use of the vehicle for transportation of freight, merchandise, sand, gravel, chemicals, fertilizer or other load, except tools incidental to the specialized use of the vehicle or a trailer with a gross weight of 3,000 pounds or less.

(b) Trucks. When the criteria in subsection (a) do not apply, the motor vehicle shall be registered as a truck.

The provisions of this § 13.2 amended September 13, 1985, effective September 30, 1985, 15 Pa.B. 3247. Immediately preceding text appears at serial page (90182).

History

• Authority: The provisions of this Chapter 13 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 13 adopted December 9, 1977, effective December 10, 1977, 7 Pa.

67 Pa. Code § 13.3 Photographs.

One or more photographs of the vehicle shall be submitted with the initial application for certificate of title and registration or reclassification as special mobile equipment as may be required to substantiate that the vehicle qualifies for such registration.

History

• Authority: The provisions of this Chapter 13 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 13 adopted December 9, 1977, effective December 10, 1977, 7 Pa.

Chapter 15 Authorized Vehicles and Special Operating Privileges

67 Pa. Code § 15.1 Purpose.

This chapter establishes the types of vehicles which are considered authorized vehicles under, 75 Pa.C.S. § § 102, 4572(b) and 6107 (relating to definitions; visual signals on authorized vehicles; and designation of authorized vehicles by Department) and establishes special operating privileges for authorized vehicles.

The provisions of this § 15.1 adopted March 17, 1978, effective March 18, 1978, 8 Pa.B. 759; amended May 25, 1984, effective May 26, 1984, 14 Pa.B. 1807; readopted April 21, 1989, effective April 22, 1989, 19 Pa.B. 1736. Immediately preceding text appears at serial page (132803).

History

• Authority: The provisions of this Chapter 15 issued and amended under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 15 adopted March 17, 1978, effective March 18, 1978, 8 Pa.

67 Pa. Code § 15.2 Types of authorized vehicles.

The vehicles enumerated in this section are designated as authorized vehicles of the type indicated. They may be equipped with one or two flashing or revolving yellow lights as provided in 75 Pa.C.S. § 4572(b) (relating to visual signals on authorized vehicles), and as defined in Chapter 173 (relating to flashing or revolving lights on emergency and authorized vehicles), except that school buses shall be equipped with red and amber flashing lights as defined in 75 Pa.C.S. § 4552 (relating to general requirements for school buses). The flashing or revolving yellow lights on all authorized vehicles except school buses shall be activated only when the vehicle is performing the type of work which is the basis of the designation of the vehicle as an authorized vehicle, except lights on Type VI vehicles may be activated whenever an emergency condition requires police assistance. The enumeration of vehicles is as follows:

(1) Type I. Type I vehicles include the following:

(i) Highway construction and maintenance vehicles. Such vehicles shall include, but not be limited to, traffic-line-painting trucks, sign and signal maintenance trucks, dump trucks, street sweepers, mowers, highway inspection vehicles, and vehicles involved in traffic studies or investigations or right-of-way operations.

(ii) Vehicles which are used in utility operations.

(iii) Highway service vehicles such as, but not limited to, tow trucks and road-service vehicles.

(iv) Vehicles used to collect money from parking meters.

(v) Commonwealth-owned vehicles which are used by a State dog warden employed by the Department of Agriculture.

(vi) Vehicles owned by a nonprofit society or association duly incorporated under 15 Pa.C.S. § § 5301—5341 (relating to incorporation) for the prevention of cruelty to animals and used by a humane society police officer as the term is defined in 22 Pa.C.S. § 3701 (relating to scope of chapter).

(2) Type II. Snowplows, snowblowers and vehicles modified or equipped for the attachment of snowplows, snowblowers or similar devices.

(3) Type III. Garbage trucks and vehicles used for home delivery of United States mail or newspapers.

(4) Type IV. Vehicles which are used in the business of news gathering for any news medium.

(5) Type V. Vehicles which escort oversize loads.

(6) Type VI. Local mass transit vehicles and armored vehicles which are used in the transportation of coins, currency or other valuables for the business or financial community.

(7) Type VII. School buses.

The provisions of this § 15.2 adopted March 17, 1978, effective March 18, 1978, 8 Pa.B. 759; amended May 25, 1984, effective May 26, 1984, 14 Pa.B. 1807; readopted April 21, 1989, effective April 22, 1989, 19 Pa.B. 1736; amended November 20, 2015, effective November 21, 2015, 45 Pa.B. 6687. Immediately preceding text appears at serial pages (250317) to (250318).

This section cited in 67 Pa. Code § 15.3 (relating to special operating privileges); 67 Pa. Code § 173.3 (relating to display requirements); and 67 Pa. Code § 179.10 (relating to general conditions).

History

• Authority: The provisions of this Chapter 15 issued and amended under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 15 adopted March 17, 1978, effective March 18, 1978, 8 Pa.

67 Pa. Code § 15.3 Special operating privileges.

(a) General. The following types of authorized vehicles may exercise the special privileges indicated when they are performing the type of work which is the basis of the vehicle’s designation as an authorized vehicle in § 15.2 (relating to types of authorized vehicles) and the special privileges can be executed in a reasonable and safe manner:

(1) Any type of authorized vehicle, except Types III, VI and VII vehicles, may utilize special median openings on divided highways designated for emergency and authorized vehicles, if every precaution is taken to insure the safety of all motorists and pedestrians.

(2) Types I, II and IV authorized vehicles may drive on highways, or any part thereof, closed to the general public when they are performing the type of work which is the basis of the designation of the vehicle as an authorized vehicle in § 15.2, if the driving can be done in a reasonable and safe manner.

(3) Type II authorized vehicles registered or leased by or under contract to the Commonwealth or a political subdivision may exceed the following statutory weight restrictions when they are performing the type of work which is the basis of the vehicle’s designation as an authorized vehicle:

(i) Maximum gross weight.

(ii) Registered gross weight.

(iii) Maximum axle weight.

(iv) Maximum wheel load.

(4) An authorized vehicle may disregard the requirements of 75 Pa.C.S. § 4305 (relating to vehicular hazard signal lamps) when one of the following occur:

(i) A flashing or revolving yellow light is used;

(ii) An activated arrow board or temporary arrow sign is used on a one-way roadway in accordance with Chapter 203 (relating to work zone traffic control); or

(iii) The vehicle is on a closed highway or in an area protected from the traveling public by a barrier or a series of channelizing devices.

(b) Special privileges with lights. The following types of authorized vehicles may exercise the special privileges indicated when they are performing the type of work which is the basis of the vehicle’s designation as an authorized vehicle in § 15.2, if the flashing or revolving yellow lights or the red flashing lights on school buses are activated and the special privileges can be executed in a reasonable and safe manner:

(1) Types I and II authorized vehicles may:

(i) Stop, stand or park, irrespective of official signs or 75 Pa.C.S. § § 101—9909 (relating to the Vehicle Code).

(ii) Disregard regulations governing direction of movement or turning in specified directions.

(2) Types I, II and V authorized vehicles may drive slower than the minimum speed limit.

(3) Type III authorized vehicles may stop, stand or park irrespective of official signs or 75 Pa.C.S. § § 101—9909 (relating to the vehicle code). In addition, if a garbage truck is equipped with special driving controls on the right side, the operator may:

(i) Drive the garbage truck by use of the special controls at speeds not exceeding 20 miles per hour.

(ii) Disregard the following requirements of 75 Pa.C.S. § 3701 (relating to unattended vehicles):

(A) That the engine be stopped.

(B) That the ignition be locked, in a vehicle so equipped, and the key removed from the ignition.

(4) Type VII authorized vehicles may stop on the roadway at locations where the vehicle is not visible from a distance of 500 feet in each direction while actively engaged in loading or unloading school students if the school bus on-roadway loading zone has been established under § 104.3 (relating to standards), with the concurrence of the local authorities as defined in 75 Pa.C.S. § 102 (relating to definitions).

The provisions of this § 15.3 adopted March 17, 1978, effective March 18, 1978, 8 Pa.B. 759; amended May 25, 1984, effective May 26, 1984, 14 Pa.B. 1807; readopted April 21, 1989, effective April 22, 1989, 19 Pa.B. 1736. Immediately preceding text appears at serial pages (132804) and (90186) to (90187).

This section cited in 67 Pa. Code § 104.3 (relating to standards).

History

• Authority: The provisions of this Chapter 15 issued and amended under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 15 adopted March 17, 1978, effective March 18, 1978, 8 Pa.

Chapter 17 Authorization to Verify Identification Number

67 Pa. Code § 17.1 Purpose.

The purpose of this chapter is to designate those persons who are authorized to verify the vehicle identification number of a vehicle in connection with an application for certificate of title where it is impossible to obtain either a legible tracing or a photograph of the vehicle identification number, as required by 75 Pa.C.S. § 1103(e) (relating to application for certificate of title).

History

• Authority: The provisions of this Chapter 17 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 17 adopted August 12, 1977, effective August 13, 1977, 7 Pa.

67 Pa. Code § 17.2 Applicability.

Verification shall be required in the following situations when it is impossible to obtain a legible tracing or photograph of the vehicle identification number:

(1) When a Pennsylvania resident acquires a new or used vehicle from a nonresident for use in this Commonwealth.

(2) When a nonresident brings into this Commonwealth, in connection with establishing a Pennsylvania residence, a vehicle previously titled or registered in another state or country.

(3) When the application for initial certificate of title is for a truck, truck-tractor, or motor home, regardless of source of ownership.

History

• Authority: The provisions of this Chapter 17 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 17 adopted August 12, 1977, effective August 13, 1977, 7 Pa.

67 Pa. Code § 17.3 Authorized persons.

The following persons shall be authorized to inspect and verify that the vehicle identification number conforms with the description given in the application:

(1) A certified Pennsylvania inspection station mechanic.

(2) A notary public employed by one of the following:

(i) A person to whom manufacturer or dealer registration plates have been issued under 75 Pa.C.S. § 1335 (relating to registration plates for manufacturers and dealers).

(ii) An authorized full agent, as defined in Chapter 43 (relating to temporary registration cards and plates).

(3) If the vehicle is located outside of this Commonwealth one of the following:

(i) A police officer.

(ii) A mechanic employed by a dealer.

(iii) An armed forces installation provost marshal or motor officer.

The provisions of this § 17.3 amended August 16, 1985, effective August 17, 1985, 15 Pa.B. 2936. Immediately preceding text appears at serial page (90190).

History

• Authority: The provisions of this Chapter 17 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 17 adopted August 12, 1977, effective August 13, 1977, 7 Pa.

Chapter 19 Specially Constructed Vehicles, Reconstructed Vehicles and Street Rods

67 Pa. Code § 19.1 Purpose.

This chapter establishes rules and procedures for titling of street rods, specially constructed vehicles and reconstructed vehicles as prescribed by 75 Pa.C.S. § 1103(g) (relating to application for certificate of title).

The provisions of this § 19.1 adopted August 19, 1977, effective August 20, 1977, 7 Pa.B. 2361; amended June 28, 1991, effective June 29, 1991, 21 Pa.B. 2896. Immediately preceding text appears at serial page (90192).

History

• Authority: The provisions of this Chapter 19 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 19 adopted August 19, 1977, effective August 20, 1977, 7 Pa.

67 Pa. Code § 19.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Glider kit—A truck cab or cab and hood assembly, including a front axle assembly and frame rails, with or without an engine, manufactured and sold with a manufacturer’s Statement of Origin for replacement of damaged or worn components of an existing truck. Reconstructed vehicle—One of the following:

(i) A vehicle, except an antique or classic vehicle, for which a certificate of salvage (junk) has been issued, which is thereafter restored to operating condition and which is substantially in conformance with the specifications of the manufacturer.

Example: A Chevrolet sedan restored to its original operating condition and manufacturer’s appearance for its particular year and model, after having been ‘‘totalled,’’ that is, the vehicle had damages which exceeded the vehicle’s market value, thus resulting in the vehicle being junked.

(ii) A vehicle, including a street rod, which meets the following conditions:

(A) The vehicle has been materially altered by the removal, addition or substitution of essential parts derived from various other makes or models.

(B) The Department has determined that the vehicle is readily recognizable as a vehicle of a generally recognized make or model.

Examples: A 1977 Cadillac coupe which has gone through the removal of the metal top and replacement of it with a convertible top, and similar body changes or customizing without altering the essential make or model identity of the vehicle. Specially constructed vehicle—One of the following:

(i) A vehicle not originally constructed by a generally recognized manufacturer of vehicles under a distinctive name and not materially altered from its original construction, but assembled from parts of various vehicles or kits, or both, and which would be commonly known as a ‘‘homemade’’ vehicle, such as the assembly of a dune buggy from the chassis of a manufactured vehicle and a fiberglass body kit, or the assembly of the chassis of a Mercury and the body of a Ford, and similar combination of makes and models.

(ii) A vehicle which has been materially altered by the removal, addition or substitution of essential parts derived from various other makes and models and which the Department determines cannot be readily identified as a vehicle of a generally recognized make or model, such as the installation of a Rolls Royce-style hood and grill on a Volkswagen, and similar major ‘‘customizing’’ change tending to disguise the vehicle’s original make and model identity. Street rod—A motor vehicle, or a reproduction thereof, with a model year of 1948 or older which has been materially altered or modified by the removal, addition or substitution of essential parts and with a gross weight or registered gross weight of not more than 9,000 pounds.

The provisions of this § 19.2 adopted August 19, 1977, effective August 20, 1977, 7 Pa.B. 2361; amended June 28, 1991, effective June 29, 1991, 21 Pa.B. 2896. Immediately preceding text appears at serial pages (90192) to (90193).

This section cited in 67 Pa. Code § 19.2a (relating to certificate of title to designate type of vehicle); and 67 Pa. Code § 19.4 (relating to subsequent material alterations).

History

• Authority: The provisions of this Chapter 19 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 19 adopted August 19, 1977, effective August 20, 1977, 7 Pa.

67 Pa. Code § 19.2a Certificate of title to designate type of vehicle.

The certificate of title issued for every specially constructed vehicle and reconstructed vehicle, as defined in 75 Pa.C.S. (relating to the Vehicle Code) and § 19.2 (relating to definitions), shall clearly describe the vehicles by type as follows:

(1) The certificate of title for every specially constructed vehicle as defined in § 19.2 shall describe the make of vehicles as ‘‘specially constructed.’’

(2) The certificate of title for every reconstructed vehicle as defined in § 19.2 shall describe the vehicle by its original make or trade name but shall be coded to designate it as a reconstructed vehicle except when a vehicle is reconstructed by installation of a glider kit of a different make from the original vehicle. In this case the description of the vehicle shall indicate the make of the glider kit and include a glider kit designation. The title shall also be coded to designate it as a reconstructed vehicle. In the case of a street rod, the title shall be coded to designate it as both a street rod and a reconstructed vehicle.

The provisions of this § 19.2a adopted June 28, 1991, effective June 29, 1991, 21 Pa.B. 2896.

History

• Authority: The provisions of this Chapter 19 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 19 adopted August 19, 1977, effective August 20, 1977, 7 Pa.

67 Pa. Code § 19.3 Application for title for reconstructed vehicles or specially constructed vehicles.

(a) Forms. The owner of a vehicle which has been reconstructed or specially constructed shall apply for a certificate of title on the appropriate form furnished by the Department.

(b) Supplemental documents to application for title. The application shall be accompanied by:

(1) Outstanding certificates of title, manufacturer’s certificates of origin or certificates of salvage (junk), issued for vehicles, the parts of which were used in the construction of the vehicle, if the vehicles are no longer operable or able to be registered; or bills of sale for the major components of the vehicle for which no other proof of ownership is available.

(2) Departmental Form, ‘‘Report of Investigation of Specially Constructed or Reconstructed Vehicle or Street Rod’’, properly completed by an official inspection station mechanic and the applicant. This paragraph does not apply to a vehicle exempt from inspection under 75 Pa.C.S. § 4703(b) (relating to operation of vehicle without official certificate of inspection).

(3) The proper sales and use tax form.

(4) The necessary title and registration fees.

(5) Three photographs, one each of the front, rear and side of the vehicle except for a motor home, in which case, one exterior and two interior photographs shall be required. Photographs shall be signed and dated by the examining inspection mechanic. The requirement to submit photographs is waived for a vehicle reconstructed by installation of a glider kit.

The provisions of this § 19.3 adopted August 19, 1977, effective August 20, 1977, 7 Pa.B. 2361; amended June 28, 1991, effective June 29, 1991, 21 Pa.B. 2896. Immediately preceding text appears at serial pages (90193) to (90194).

This section cited in 67 Pa. Code § 19.4 (relating to subsequent material alterations.)

History

• Authority: The provisions of this Chapter 19 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 19 adopted August 19, 1977, effective August 20, 1977, 7 Pa.

67 Pa. Code § 19.4 Subsequent material alterations.

The owner of a reconstructed vehicle or a specially constructed vehicle which undergoes a subsequent material alteration or restoration of a type defined in § 19.2 (relating to definitions) shall reapply for an appropriate certificate of title. Complete application, including new photographs, shall be made as provided in § 19.3 (relating to application for title for reconstructed vehicles or specially constructed vehicles).

The provisions of this § 19.4 adopted December 16, 1977, effective December 17, 1977, 7 Pa.B. 3806; amended June 28, 1991, effective June 29, 1991, 21 Pa.B. 2896. Immediately preceding text appears at serial page (90194).

History

• Authority: The provisions of this Chapter 19 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 19 adopted August 19, 1977, effective August 20, 1977, 7 Pa.

Chapter 23 Delivery of Certificates of Title

67 Pa. Code § 23.1 Purpose.

The purpose of this chapter is to specify the manner of delivery of encumbered certificates of title and certificates of title which are issued by the Department of Transportation free of a lien or encumbrance, as provided by 75 Pa.C.S. § 1107 (relating to delivery of certificate of title).

History

• Authority: The provisions of this Chapter 23 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 23 adopted January 10, 1986, effective January 11, 1986, 16 Pa.

67 Pa. Code § 23.2 General rule.

(a) Unencumbered titles. Except as provided in § 23.3 (relating to exceptions), the Department of Transportation, upon issuing a certificate of title which is free and clear of a lien or encumbrance, will mail the certificate to the owner named thereon.

(b) Encumbered titles. Every certificate of title issued by the Department of Transportation containing a lienholder or encumbrancer will be either mailed or electronically transmitted to the first named lienholder or encumbrancer.

The provisions of this § 23.2 amended under the Vehicle Code, 75 Pa.C.S. § § 1107, 1151.1 and 6103.

The provisions of this § 23.2 amended November 22, 2013, effective November 23, 2013, 43 Pa.B. 6892. Immediately preceding text appears at serial page (248767).

History

• Authority: The provisions of this Chapter 23 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 23 adopted January 10, 1986, effective January 11, 1986, 16 Pa.

67 Pa. Code § 23.3 Exceptions.

(a) Dealer titles. The Department of Transportation, at its offices, will deliver to a dealer licensed by the State Board of Motor Vehicle Manufacturers, Dealers and Salespersons and other dealers governed by this title, or their authorized representatives, a certificate of title issued in the name of the dealer, if the vehicle is free and clear of a lien or encumbrance. Identification satisfactory to the Department of Transportation will be required of the dealer or its authorized representative prior to delivery of the certificate of title.

(b) Other. The Director of the Bureau of Motor Vehicles or his designees may, at his discretion, deliver a certificate of title, if it is free and clear of a lien or encumbrance, to the owner or a person authorized by the owner showing good cause to be entitled to receive the certificate of title. The discretion shall be reserved for circumstances demonstrating exceptional or unusual need and may include, but not be limited to requests for the title for immediate resale of the vehicle, for shipment of a vehicle overseas, and for use of the title as collateral for a loan after submission to the Department of Transportation for correction of an error. Identification satisfactory to the Department of Transportation shall be required of the owner or the person authorized by the owner prior to delivery of the certificate of title.

The provisions of this § 23.3 amended under the Vehicle Code, 75 Pa.C.S. § § 1107, 1151.1 and 6103.

The provisons of this § 23.3 amended November 22, 2013, effective November 23, 2013, 43 Pa.B. 6892. Immediately preceding text appears at serial pages (248767) to (248768).

This section cited in 67 Pa. Code § 23.2 (relating to general rule).

History

• Authority: The provisions of this Chapter 23 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 23 adopted January 10, 1986, effective January 11, 1986, 16 Pa.

Chapter 41 Registration Criteria

67 Pa. Code § 41.1 Purpose.

This chapter establishes criteria for registering certain types of vehicles, including station wagons, vans, multipurpose vehicles or buses.

The provisions of this § 41.1 adopted November 4, 1977, effective November 5, 1977, 7 Pa.B. 3272; amended January 18, 1991, effective January 19, 1991, 21 Pa.B. 228. Immediately preceding text appears at serial page (127573).

History

• Authority: The provisions of this Chapter 41 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 41 adopted November 4, 1977, effective November 5, 1977, 7 Pa.

67 Pa. Code § 41.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Fixed route—A designated route which is traversed in designated regularly scheduled time periods, for the purpose of transporting persons from one place to another. The term does not include routes that are scheduled for informational, educational or general tours and sightseeing trips. Hospital—An organization having an established location with inpatient facilities, whose primary function is the treatment and care of injured, infirm or handicapped persons. Humane society—A nonprofit organization whose primary function is to prevent cruelty to animals, to provide food or shelter to mistreated or homeless animals or to provide, without compensation, food or shelter to human beings. Multipurpose vehicle—A motor vehicle designed to carry no more than six passengers, including the driver, which is constructed either on a truck chassis or with special features for occasional off-road operation. Nonprofit youth center—A nonprofit organization whose primary function is to promote the welfare of youth at an established location. Ridesharing arrangement—The term includes one or more of the following forms of transportation:

(i) The transportation of not more than 15 passengers, exclusive of the driver, where the transportation is incidental to another purpose of the driver who is not engaged in transportation as a business. The term includes ridesharing arrangements commonly known as carpools and vanpools, used in the transportation of employes to or from their place of employment.

(ii) The transportation of employes to or from their place of employment in a motor vehicle owned or operated by their employer.

(iii) The transportation of persons in a vehicle designed to hold no more than 15 passengers, exclusive of the driver, and owned or operated by a public agency or nonprofit organization for that agency’s clientele or for a program sponsored by the agency. Urban mass transportation system—A person holding a certificate of the Pennsylvania Public Utility Commission or a municipality authority, port authority or transportation authority established under the laws of the Commonwealth that transports persons on schedule over fixed routes and derives over 80% of its intrastate scheduled revenue from scheduled operations within the county in which it has its principal place of business, or contiguous counties.

The provisions of this § 41.2 adopted November 4, 1977, effective November 5, 1977, 7 Pa.B. 3272; amended December 16, 1977, effective December 16, 1977, 7 Pa.B. 3807; amended January 18, 1991, effective January 19, 1991, 21 Pa.B. 228. Immediately preceding text appears at serial pages (127573) to (127574).

History

• Authority: The provisions of this Chapter 41 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 41 adopted November 4, 1977, effective November 5, 1977, 7 Pa.

67 Pa. Code § 41.3 Station wagons, vans and multipurpose vehicles criteria.

(a) Optional truck registration. A station wagon or van may be registered as a truck, at the option of the registrant.

(b) Passenger car registration. A station wagon, multipurpose vehicle or van may be registered as a passenger car if:

(1) It has permanently-installed fullsize seats for at least the driver and three passengers. Seats may be convertible to cargo space, for example, by folding, but may not be designed to be readily removed and reinstalled.

(2) It has windows on both sides and in the rear. Windows may not be separated by opaque areas wider than 12 inches.

(3) It is not designed or adapted for use as a mobile dwelling or office.

(4) It is not designed, used or maintained primarily for the transportation of property.

(5) It is a van having a seating capacity for more than ten persons but no more than 15 persons, including the driver, and is owned by a natural person and used solely for noncommercial purposes, or is used in a ridesharing arrangement.

(c) Motor home registration. A van shall be registered as a motor home if it is designed or adapted for use as a mobile dwelling and contains permanently installed equipment, such as carpeting, beds, stoves, closets, refrigerator, sink, and the like, or as an office, and not designed, used or maintained primarily for the transportation of property.

(d) Bus registration. A van shall be registered as a bus if it has a seating capacity for more than 16 persons, including the driver, unless it is owned by a natural person and used solely for noncommercial purposes; or is used in a ridesharing arrangement.

(e) Mandatory truck registration. A van that does not qualify for registration as a passenger car, motor home or bus shall be registered as a truck. A multipurpose vehicle that does not qualify for registration as a passenger car shall be registered as a truck.

(f) Registration requirements for a van. To register a van as a passenger car or a motor home, the registrant shall certify on a form furnished by the Department that the vehicle complies with this section.

The provisions of this § 41.3 adopted November 4, 1977, effective November 5, 1977, 7 Pa.B. 3272; amended January 18, 1991, effective January 19, 1991, 21 Pa.B. 228. Immediately preceding text appears at serial page (127574).

History

• Authority: The provisions of this Chapter 41 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 41 adopted November 4, 1977, effective November 5, 1977, 7 Pa.

67 Pa. Code § 41.5 Bus registration plate types.

(a) Mass transit registration plates. A bus other than a school bus registered by an urban mass transportation system will be issued a registration plate containing the words ‘‘mass transit,’’ a registration card and a sticker indicating the month and year of expiration. The registration plate issued to a municipal government or a transportation authority will contain a sticker indicating the registration is permanent, as will the registration card issued with the plate.

(b) Omnibus registration plates. A bus which is operated for the transportation of persons not for hire and for which neither a certificate of public convenience from the Pennsylvania Public Utility Commission nor certification of approval from the Interstate Commerce Commission is required, will be issued a registration plate containing the word ‘‘omnibus.’’

(c) Standard bus registration plates. A for-hire bus for which a certificate of public convenience from the Pennsylvania Public Utility Commission or a certification of approval from the Interstate Commerce Commission is required and which is not registered by an urban mass transportation system or under the apportioned registration program, will be issued a registration plate containing the word ‘‘bus.’’

(d) School bus registration plates. A bus used exclusively for the transportation of children and their chaperones to or from public, private, parochial or Sunday school or in connection with any public, private, parochial or Sunday school related activity, will be issued a registration plate containing the words ‘‘school bus.’’

(e) Apportioned bus registration plates. A bus which is registered under the apportioned registration program, as outlined in Chapter 63 (relating to proportional registration of fleet vehicles), will be issued a registration plate containing the word ‘‘apportioned.’’

The provisions of this § 41.5 adopted January 18, 1991, effective January 19, 1991, 21 Pa.B. 228.

History

• Authority: The provisions of this Chapter 41 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 41 adopted November 4, 1977, effective November 5, 1977, 7 Pa.

67 Pa. Code § 41.6 Fee exemptions.

Vehicles registered by a humane society, nonprofit youth center, hospital and other entities enumerated in 75 Pa.C.S. § 1901(c) (relating to processing fee in lieu of registration fee) are exempt from payment of the regular registration fee but are subject to pay a processing fee of $10 in lieu of the registration fee. Applicants for exemption under this section shall establish their qualifications by completion of the appropriate form furnished by the Department.

The provisions of this § 41.6 adopted January 18, 1991, effective January 19, 1991, 21 Pa.B. 228.

History

• Authority: The provisions of this Chapter 41 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 41 adopted November 4, 1977, effective November 5, 1977, 7 Pa.

Chapter 43 Temporary Registration Cards and Plates

67 Pa. Code § 43.1 Purpose.

This chapter established rules and regulations governing the issuance of temporary registration plates and cards by authorized dealers, manufacturers, full agents and card agents under 75 Pa.C.S § § 1310 and 1331 (relating to temporary registration cards; and issuance and reissuance of registration plates).

The provisions of this § 43.1 adopted September 2, 1977, effective September 3, 1977, 7 Pa.B. 2561; amended March 24, 1978, effective March 25, 1978, 8 Pa.B. 790; readopted January 5, 1990, effective immediately and apply retroactively to November 17, 1989, 20 Pa.B. 21; amended July 9, 1993, effective July 10, 1993, 23 Pa.B. 3347; amended October 5, 2012, effective October 6, 2012, 42 Pa.B. 6290. Immediately preceding text appears at serial page (232783).

History

• Authority: The provisions of this Chapter 43 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 43 adopted September 2, 1977, effective September 3, 1977, 7 Pa.

67 Pa. Code § 43.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—75 Pa.C.S. § § 101—9821 (relating to the Vehicle Code). Applicant—A person, as defined in the act, who applies for registration of a vehicle and for a temporary registration card or plate. Bureau—The Bureau of Motor Vehicles of the Department. Card agent—A notary public, commissioned by the Department of State, Bureau of Legislation, Commissions and Elections, who is approved by the Department to issue temporary registration cards in conjunction with applications for transfer of registration plates. A notary public from another state may also serve as a card agent and may issue a temporary registration card to a Commonwealth registrant who has purchased a vehicle in the state and who wishes to apply for transfer of a Commonwealth registration plate. The notary shall be commissioned or licensed as a notary by a governmental agency of the state. Certificate of authorization—The document issued to an agent which indicates the agent has complied with the requirements of the Department and is permitted to issue temporary registration cards or plates, or both. Dealer—A person engaged in the business of buying, selling or exchanging vehicles, including passenger cars, trucks, implements of husbandry, special mobile equipment and trailers, who is registered by the Department under § 53.3(b) (relating to issuance of plates). The term does not include a miscellaneous motor vehicle business, unless the business is also registered as a dealer under § 53.3(b). Department—The Department of Transportation of the Commonwealth. Established place of business—The place occupied either continuously or at regular periods by a dealer, manufacturer or full agent, where the books and records are kept, where a large share of the business is transacted and which meets local zoning rules, ordinances and building codes. Full agent—A county treasurer or a person other than a manufacturer or dealer authorized by the Bureau to issue temporary registration cards and plates. Issuing agent—A full agent or card agent, or a dealer or manufacturer, who has been authorized by the Bureau to issue temporary registration cards and plates. Manufacturer—A person engaged in the business of constructing or assembling vehicles, motors or bodies of vehicles. Regular registration plate—A metal registration plate issued by the Bureau for a specific vehicle in conjunction with a permanent registration card, or a metal registration plate issued by an authorized dealer, manufacturer or full agent as a temporary plate and validated for regular use by issuance of a regular registration card. Temporary registration card—A form provided by the Department for issuance to an applicant for registration or transfer of registration for use by the applicant until receipt of the regular registration card. A form issued with a temporary registration plate for a vehicle which is to be driven or otherwise moved to another state or country for titling, registration, use or resale there. Temporary registration plate—A registration plate to be used by the applicant until regular registration is received. There are two types of temporary registration plates: metal registration plates, for issuance only for vehicles which are being registered in this Commonwealth, and cardboard registration plates for issuance only for vehicles which are to be driven or otherwise moved to another state or country for titling, registration, use or resale there.

(i) Metal temporary plates are issued to an applicant for use during the time in which the application for regular registration is being submitted to and processed by the Department.

(ii) A cardboard registration plate may also be issued under special conditions, as authorized by the Department.

The provisions of this § 43.2 adopted September 2, 1977, effective September 3, 1977, 7 Pa.B. 2561; amended May 18, 1979, effective May 19, 1979, 9 Pa.B. 1630; readopted January 5, 1990, effective immediately and apply retroactively to November 17, 1989, 20 Pa.B. 21; amended July 9, 1993, effective July 10, 1993, 23 Pa.B. 3347. Immediately preceding text appears at serial pages (144703) to (144705).

History

• Authority: The provisions of this Chapter 43 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 43 adopted September 2, 1977, effective September 3, 1977, 7 Pa.

67 Pa. Code § 43.3 Card agents.

(a) Card agent shall be a notary public. In order to be approved as a card agent by the Department, a person shall be commissioned as a notary public by the Department of State, Bureau of Legislation, Commissions and Elections, or by a similar agency in another state.

(b) Application for forms. When a card agent applies to the Department for an official form, he shall affix his notarial seal and signature to the application to the Department for forms to be issued by the card agent.

(c) Revocation of commission as a notary public. A card agent shall comply with rules and regulations under The Notary Public Law (57 P. S. § § 147—169). In the event that the commission of a notary public is revoked, his status as a card agent will also be revoked until the commission as a notary public has been reinstated.

(d) Other requirements. A card agent is subject to other provisions of this chapter concerning the issuance of temporary registration cards.

The provisions of this § 43.3 adopted September 2, 1977, effective September 3, 1977, 7 Pa.B. 2561; amended May 18, 1979, effective May 19, 1979, 9 Pa.B. 1630; readopted January 5, 1990, effective immediately and apply retroactively to November 17, 1989, 20 Pa.B. 21. Immediately preceding text appears at serial page (95315).

History

• Authority: The provisions of this Chapter 43 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 43 adopted September 2, 1977, effective September 3, 1977, 7 Pa.

67 Pa. Code § 43.4 Authorization to issue temporary registration plates.

(a) Application procedure. A person wishing to be authorized to issue temporary registration plates shall apply to the Department on forms furnished by the Department. For a person to be authorized, the person shall be a resident of this Commonwealth. The application shall include:

(1) Photographs, interior and exterior, of the proposed place of business, including branch offices. The photographs of the exterior shall show the entrance way and signs, required under subsection (b)(2). Photographs of the interior of the proposed agent’s office shall show the desk, phone, secure area for storage of temporary cards and plates, and the complete schedule of fees and charges relating to the issuance of temporary cards and plates, posted in accordance with subsection (b)(1).

(2) A letter of reference from a bank or other financial institution which indicates that accounts of the applicant are handled in a satisfactory manner that is consistent with standard banking practices.

(3) Three letters of reference from business concerns, on their business stationery, attesting to the character of the applicant.

(4) The bond prescribed by § 43.9 (relating to bond), on the form of the Department, or a surety’s binding commitment to issue the bond upon approval of the application.

(5) A notarized statement listing outstanding liabilities of the business or of the owners and officers of the business that are due and owing to the Commonwealth or, if none, a notarized statement to that effect.

(6) The names, addresses and social security numbers of owners or corporate officers, and employes authorized to issue temporary registration cards and plates, of the manufacturer’s, dealer’s or full agent’s business.

(7) A criminal history record, obtained from the State Police, of each owner or corporate officer.

(8) A notarized statement attesting that the applicant has read and understands this chapter.

(9) The name, address and notary seals of a notary who is an employe during all of the hours of operation. The owner may be the notary.

(10) A schedule of business hours. This schedule shall contain a minimum of 20 business hours per week, or a minimum of 10 business hours per week plus an additional 10 business hours when a person may make an appointment. Business hours of operation shall be convenient to the public and be indicated on the sign required under subsection (b)(2).

(11) A statement that the business location meets local zoning ordinances and building codes.

(b) Established place of business. Authorized dealers and full agents shall maintain an established place of business. A copy of business records shall be maintained at the established place of business for 3 years. The following shall be posted in a conspicuous place in view of the public:

(1) A complete schedule of fees and charges pertaining to the issuance of temporary registration cards and plates.

(i) The schedule shall indicate amounts payable to the Department and amounts charged by the issuing agent.

(ii) The schedule shall be at least 3 square feet in size with lettering at least 1/2-inch high.

(2) The hours during which the place of business is open to the public.

(3) The certificate of authorization to issue temporary registration plates.

(c) Review of application. The Department will examine and determine the genuineness, regularity and legality of every application for a certificate of authorization. The Department may investigate the applicant with regard to one or more of the following:

(1) The condition of the applicant’s proposed business premises.

(2) Departmental and other Commonwealth records pertaining to the business of an owner or officer.

(3) The personal history of an owner, officer or employe related to a conviction for a crime, under 18 Pa.C.S. (relating to the Crimes Code) or under the penal law of the United States, which involves moral turpitude or which reflects adversely on the owner’s or officer’s business integrity or responsibility.

(4) Unsatisfied judgments against the business, owner or officer.

(5) The credit rating of the business and its owners and officers.

(6) The assets and liabilities of the business.

(d) Denial of application. The Department may deny an application for a certificate of authorization on the basis of information revealed in an investigation, or if the applicant fails to disclose material information required or if the applicant has made a materially false statement on the application, or if the applicant’s business is operated, managed or otherwise controlled or affiliated with a person who is ineligible for authorization, including a relative, family member, corporate officer or shareholder.

(e) Opportunity for review. If the Department denies an application for a certificate of authorization, the Department will provide the applicant with an opportunity to show cause why the application should not be denied.

(f) Temporary certificate of authorization. After reviewing an application, the Department may issue a temporary certificate of authorization. The temporary certificate of authorization will be issued for 60 days, during which period the Bureau may investigate the operations of the dealer, manufacturer or full agent. When the temporary certificate of authorization expires, the Bureau may issue a regular certificate of authorization.

(g) Issuance of a certificate of authorization. The Department will issue a certificate of authorization to an approved applicant.

(h) Transfer of certificate of authorization. A certificate of authorization may not be transferred and shall be valid only for the owner in whose name it is issued.

(1) In the case of a change of ownership, the dealer, manufacturer or full agent shall notify the Bureau within 10 days. It is the responsibility of a new owner to comply with this section.

(2) The following are regarded as changes of ownership:

(i) The owner takes on a new partner.

(ii) The owner sells the business.

(iii) The business is incorporated.

(iv) A controlling interest in a corporation is sold.

(v) The owner retires or dies.

(i) Change in location of place of business. If a manufacturer, dealer or full agent changes the location of the office, he shall notify the Department within 10 days. Other provisions of this chapter concerning the place of business shall apply to a change in location of the office. The issuance or transfer of temporary registration plates may not be conducted at the new location until the location has been approved by the Department.

The provisions of this § 43.4 adopted September 2, 1977, effective September 3, 1977, 7 Pa.B. 2561; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3797; readopted January 5, 1990, effective immediately and apply retroactively to November 17, 1989, 20 Pa.B. 21; amended July 9, 1993, effective July 10, 1993, 23 Pa.B. 3347; amended November 27, 1998, effective November 28, 1998, 28 Pa.B. 5872. Immediately preceding text appears at serial pages (232786) to (232788).

History

• Authority: The provisions of this Chapter 43 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 43 adopted September 2, 1977, effective September 3, 1977, 7 Pa.

67 Pa. Code § 43.5 Issuance of temporary registration cards.

(a) General rule. Cards will be issued in the following manner:

(1) Temporary registration cards will be issued only by the Bureau, by dealers, manufacturers, card agents and full agents authorized by the Bureau and by government agencies authorized by the Bureau. When required by law, dealers and manufacturers shall be licensed by the State Board of Vehicle Manufacturers, Dealers and Salespersons as a prerequisite to authorization by the Bureau.

(2) Temporary registration cards will be issued only in conjunction with issuance of a temporary registration plate by the Bureau, an authorized dealer, manufacturer, full agent or authorized government agency, or in conjunction with the transfer of a registration plate.

(b) Obtaining temporary registration cards. Issuing agents may obtain temporary registration cards at offices of the Bureau or upon written request to the Bureau.

(c) Issuance of temporary registration cards in connection with transfer of registration. Every issuing agent shall, upon request, issue a temporary registration card to the owner or lessee of a vehicle who has made proper application for transfer of registration on an application for certificate of title or other appropriate Departmental form. The agent information on the Departmental forms shall be completed in full by the agent.

(d) Duty to examine documents. The duty to examine documents includes the following:

(1) Before issuing a temporary registration card, the issuing agent shall examine the documents necessary to the transaction.

(2) A temporary registration card may not be issued unless the following items are found to be in order:

(i) Insurance information.

(A) Except as provided in clause (B), determination shall be made that the vehicle is insured by examining one of the following documents covering the subject vehicle, the vehicle traded for the subject vehicle or another vehicle owned by the applicant:

(I) An identification card as required in 31 Pa. Code Chapter 67, Subchapter B (relating to evidence of financial responsibility).

(II) The declaration page of an insurance policy.

(III) A valid binder of insurance issued by an insurance company licensed to sell motor vehicle liability insurance in this Commonwealth.

(IV) A copy of an application to the Pennsylvania Automobile Insurance Plan.

(V) A certificate of self-insurance issued by the Department.

(B) The requirement to check one of the documents listed in clause (A) does not require the agent to verify the information submitted unless the agent has reason to believe the documents are fraudulent.

(C) If the vehicle was acquired in this Commonwealth for transportation under its own power to another state for registration there, the issuing agent shall examine the driver’s license or other appropriate identification of the applicant to ascertain that:

(I) The applicant is an out-of-State resident.

(II) The vehicle was purchased within the previous 60 days.

(III) The applicant possesses one of the proof of insurance items identified in clause (A) issued by a company authorized to transact business in this Commonwealth or in the state to which the vehicle is being transported for title and registration therein.

(ii) Application. The application shall be properly and completely executed and notarized, as required, accompanied by the correct fees, taxes and other required forms or documents.

(e) Preparation of application. The issuing agent shall complete in ink, or by typewriter, or by data processing equipment the application for temporary registration. The issuing agent identification number shall be on all documents, including checks submitted by the issuing agent, submitted to the Bureau for processing.

(f) Copies of temporary registration card. Copies of the temporary registration card shall be handled as follows:

(1) The original copy of the temporary registration card, including the copy completed for the cardboard temporary, the regular registration card, and documents and fees necessary to the transaction shall be forwarded by the issuing agent to the Bureau within 20 days of issuance of the temporary registration card. These materials shall be forwarded either by an authorized messenger service, by mail or by delivery to an area designated by the Bureau.

(2) The applicant’s copy of the temporary registration card shall be given to the applicant, for possession by the driver of the vehicle whenever the vehicle is being driven on the highway.

(3) The agent’s copy of the temporary registration card, copies of related documents including bills of sale when the agent is also the dealer and a copy of the document used for identification and copies of the documents used for insurance verification shall be retained at the place of business of the issuing agent for at least 3 years and shall be made available for inspection only by police and authorized representatives of the Department. Cards issued in conjunction with the transfer of registration plates shall be kept separate from cards issued in conjunction with temporary registration plates. Cards shall be kept in chronological order according to the date of issuance.

(g) Fee not to be charged. An issuing agent may not charge a fee for issuing a temporary registration card in connection with transfer of registration except fees for notarization and messenger service, if requested by the applicant.

(h) Expiration or voidance of temporary registration cards. Temporary registration cards shall expire and become void upon the occurrence of one of the following:

(1) The receipt of the regular registration card from the Bureau.

(2) The rescission of a contract to purchase a vehicle.

(3) The expiration of 60 days from the date of issuance, or, in the case of a vehicle which was acquired in this Commonwealth for transportation to another state for registration or other use there, the expiration of 30 days from the date of issuance.

(4) The temporary registration plate is lost, stolen or defaced.

(i) Confidentiality. The agent’s copy of the temporary registration card and documents related to the application for title or registration shall be kept in strict confidentiality by the issuing agent, unless otherwise required by law or legal purpose.

(j) Receipts. An agent shall complete an itemized receipt, in duplicate, which lists the total fees payable to the Commonwealth on one line, and each fee charged for the agent’s services on a separate line. A copy shall be given to the customer and the other copy shall be retained by the agent for 3 years and shall be made available for inspection.

The provisions of this § 43.5 adopted September 2, 1977, effective September 3, 1977, 7 Pa.B. 2561; amended May 18, 1979, effective May 19, 1979, 9 Pa.B. 1630; readopted January 5, 1990, effective immediately and apply retroactively to November 17, 1989, 20 Pa.B. 21; amended July 9, 1993, effective July 10, 1993, except subsection (f)(3) is effective September 9, 1993, 23 Pa.B. 3347; amended November 27, 1998, effective November 28, 1998, 28 Pa.B. 5872. Immediately preceding text appears at serial pages (232788) to (232791).

Burden of Proof

The Department met its burden of proving a motor vehicle dealership’s failure to timely file permanent documents for certificates of title by the uncontroverted testimony of a State trooper that the documents were not filed. Department of Transportation v. Notary Shoppe, 544 A.2d 98 (Pa. Cmwlth. 1988).

Duty Owed by Issuers

The duty owed by issuer of a temporary registration to person who has been injured be issuer’s neglect is limited to the extent that injured party is unable to recover first party benefits under 75 Pa.C.S. Chapter 17 (relating to Motor Vehicle Financial Responsibility Law). Capuzzi v. Heller, 614 A.2d 775 (Pa. Super. 1992).

Tag service which failed to require proof of insurance when issuing temporary tag was not liable to victim of uninsured motorist since the victim would have access to basic loss benefits through the Assigned Claims Plan, established by the Legislature to protect uninsured victims of uninsured motorists, and the victim therefore was not injured by the tag services allegedly negligent act. Lieberman v. Abat’s Auto Tag Services, Inc., 496 A.2d 831 (Pa. Super. 1985).

An automobile dealer who fails to ascertain the existence of no-fault insurance coverage prior to issuance of a temporary registration card and plate is answerable in trespass to one injured by the dealer’s neglect. Lyngarkos v. Department of Transportation, 426 A.2d 1195 (Pa. Cmwlth. 1981).

This section cited in 67 Pa. Code § 43.6 (relating to issuance of temporary registration plates); and 67 Pa. Code § 97.3 (relating to vehicle registration).

History

• Authority: The provisions of this Chapter 43 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 43 adopted September 2, 1977, effective September 3, 1977, 7 Pa.

67 Pa. Code § 43.6 Issuance of temporary registration plates.

(a) Limits on issuance. Temporary registration plates will be issued in the following manner:

(1) Temporary registration plates other than those specified in paragraph (4) will be issued only by the Bureau, approved governmental agencies, dealers, manufacturers and full agents authorized by the Bureau.

(2) Temporary registration plates shall be issued only in conjunction with an application for title and registration of a vehicle within this Commonwealth or for the purpose of driving or otherwise moving a vehicle purchased in this Commonwealth to another state or country for titling, registration, use or resale there.

(3) Notwithstanding paragraphs (1) and (2), a full agent who is also an authorized messenger service under Chapter 255 (relating to messenger services), may issue a temporary registration plate in one of the following circumstances after receiving authorization from the Department indicating the vehicle record is clear of a suspension or other impediment to issuance of the registration plate:

(i) For a vehicle for which the applicant already has a Pennsylvania certificate of title.

(ii) To a person who is applying for replacement of a lost, stolen or defaced registration plate.

(iii) For a vehicle for which the applicant has an out-of-State title and registration, but is also required to be registered, but not titled, in this Commonwealth.

(4) Temporary registration plates for reconstructed and specially constructed vehicles will be issued only by the Bureau.

(b) Issuance at other locations. The Department may provide written authorization for individual dealers, manufacturers or full agents to issue temporary registration plates at a location other than the places of business of the dealer, manufacturer or full agent for a period not to exceed 1 year. The privilege to issue temporary registration plates from a location other than the designated dealer, manufacturer or full agent’s place of business is revocable if the Department finds that the dealer, manufacturer or full agent has violated this chapter or the terms of the written authorization.

(c) Obtaining temporary registration plates. Temporary registration plates shall be obtained by submitting the appropriate form and paying the applicable fee to the Bureau.

(d) Issuance of temporary registration card in conjunction with issuance of temporary registration plates. Upon the issuance of a temporary registration plate, the authorized dealer, full agent or manufacturer shall issue a temporary registration card, in the manner prescribed on forms provided by the Department and in § 43.5 (relating to issuance of temporary registration cards).

(1) The number of the temporary registration plate shall be indicated on the temporary registration card.

(2) If the vehicle is not to be titled in this Commonwealth, it shall be noted on the temporary registration card.

(e) Issuance of temporary registration plates. Temporary registration plates shall be issued in consecutive order, beginning with the lowest number in each series.

(f) Issuance of cardboard temporary registration plates. Upon issuance of a cardboard temporary registration plate, the authorized dealer, manufacturer or full agent shall punch out the month, day and year of expiration at the space provided and shall record the following information clearly and indelibly on the face of the temporary plate:

(1) The date of issuance.

(2) The year, make and model of vehicle.

(3) The vehicle identification number.

(4) The identification number of the authorized dealer, manufacturer or full agent.

(g) Fee charged. The fee charged for providing an applicant with a temporary plate may not exceed:

(1) Ten dollars if the plate was obtained from the Department for a fee of $5.

(2) Five dollars if the plate was obtained from the Department for a fee of $1.

The provisions of this § 43.6 adopted September 2, 1977, effective September 3, 1977, 7 Pa.B. 2561; amended May 18, 1979, effective May 19, 1979, 9 Pa.B. 1630; readopted January 5, 1990, effective immediately and apply retroactively to November 17, 1989, 20 Pa.B. 21; amended July 9, 1993, effective July 10, 1993, 23 Pa.B. 3347; amended November 27, 1998, effective November 28, 1998, 28 Pa.B. 5872. Immediately preceding text appears at serial pages (232791) to (232793).

This section cited in 67 Pa. Code § 43.10 (relating to prohibited acts); and 67 Pa. Code § 97.3 (relating to vehicle registration).

History

• Authority: The provisions of this Chapter 43 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 43 adopted September 2, 1977, effective September 3, 1977, 7 Pa.

67 Pa. Code § 43.7 Inventory of temporary registration cards and plates.

(a) Inventory report. Every dealer, manufacturer and full agent is responsible for providing the Bureau with a report on the temporary registration plates which it has in inventory, within 30 days of the Bureau’s request for the information.

(b) Security. Temporary registration cards and plates shall be kept in a secure place, which shall meet the approval of the Bureau. Issuing agents shall be responsible for security of temporary registration cards and plates obtained by them until they are issued to applicants.

(c) Report on lost or stolen plates. If plates are lost or stolen, the dealer, manufacturer or full agent shall notify the Department of the loss or theft within 48 hours of the occurrence. This notice shall be in the form of a notarized statement and shall give complete details of the loss or theft of the plates. In the event of theft, a police report shall be submitted to the Department within 10 days of the theft.

(d) Available for inspection. Temporary registration plates and related documents shall be available for inspection, with or without notice, by authorized Commonwealth employes which includes the State Police. Records required by the Department to be maintained by the issuing agent in carrying out its duties under this chapter shall be subject to periodic inspection by authorized representatives of the Commonwealth or its designated agents under the following conditions:

(1) Place. The inspection will be conducted at the issuing agent’s established place of business.

(2) Time. The inspection will be conducted during regular and usual business hours.

(3) Scope. The inspection will be limited to examination of the records and plate inventory which are subject to the recordkeeping requirements of this chapter and which are on the premises.

The provisions of this § 43.7 adopted September 2, 1977, effective September 3, 1977, 7 Pa.B. 2561; amended March 24, 1978, effective March 25, 1978, 8 Pa.B. 790; readopted January 5, 1990, effective immediately and apply retroactively to November 17, 1989, 20 Pa.B. 21; amended July 9, 1993, effective July 10, 1993, 23 Pa.B. 3347; amended November 27, 1998, effective November 28, 1998, 28 Pa.B. 5872. Immediately preceding text appears at serial pages (232793) to (232794).

History

• Authority: The provisions of this Chapter 43 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 43 adopted September 2, 1977, effective September 3, 1977, 7 Pa.

67 Pa. Code § 43.8 Return or surrender of temporary registration cards and plates.

(a) Discontinued business. An issuing agent, other than a card agent, who discontinues his business shall, within 5 days, return to the Department the certificate of authorization and the temporary registration cards and plates in the agent’s possession. The Bureau will make appropriate refunds under subsection (c).

(b) Suspension. An issuing agent, other than a card agent, whose right to issue temporary registration cards and plates has been suspended shall surrender the certificate of authorization and the registration cards and plates in the agent’s possession at the agent’s established place of business to an authorized representative of the Department.

(c) Refunds. A refund of the fee paid by an agent for a temporary registration plate may be obtained upon the return of the plate by the agent, accompanied by the appropriate form provided by the Department, except when the plate is being returned by a dealer, manufacturer or full agent whose authorization has been suspended or revoked. The Bureau will deduct $25 from the refund amount due to cover processing of the request for refund.

The provisions of this § 43.8 adopted September 2, 1977, effective September 3, 1977, 7 Pa.B. 2561; amended May 18, 1979, effective May 19, 1979, 9 Pa.B. 1630; readopted January 5, 1990, effective immediately and apply retroactively to November 17, 1989, 20 Pa.B. 21; amended July 9, 1993, effective July 10, 1993, 23 Pa.B. 3347. Immediately preceding text appears at serial pages (144712) to (144713).

History

• Authority: The provisions of this Chapter 43 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 43 adopted September 2, 1977, effective September 3, 1977, 7 Pa.

67 Pa. Code § 43.9 Bond.

(a) Authorized dealers, manufacturers and full agents to be bonded. Every authorized dealer, manufacturer and full agent shall file and maintain with the Bureau a bond executed by a surety company authorized to transact business in this Commonwealth. The bond shall be for the use and benefit of the Commonwealth and a person who has sustained a monetary loss within the limitations of the bond as specified in subsection (d).

(b) Amount of bond. Issuing agents, other than card agents, shall be bonded in the amount as set forth in the Agent Services Agreement.

(c) Decrease in amount of bond. If the amount of the bond is decreased, or if there is a final judgment outstanding against the bond, the right of the authorized dealer, manufacturer or full agent to issue temporary registration cards and plates will be suspended until steps are taken, satisfactory to the Bureau, to restore the original amount of the bond, provide additional bond or satisfy the judgment.

(d) Limitations of bond. The bond required under this section shall cover transactions in which the Commonwealth or a person specified in subsection (a) has sustained a monetary loss due to the agent, dealer or manufacturer submitting a dishonored or uncollectible check to the Commonwealth (including protest and uncollectible check fees), or failing to remit to the Commonwealth a fee or tax when the monetary loss is incurred in connection with the business of the dealer or manufacturer. A check which is dishonored upon presentment, or an application for title or registration which is received without a required fee or tax, shall constitute a monetary loss. Failure to pay a monetary penalty within 45 days of assessment shall also constitute a monetary loss. The bond required under this section may not cover a loss for a transaction which is not mentioned in this subsection relating to the issuance of temporary registration cards or plates in connection with the business of the dealer, manufacturer or full agent. If the dealer, manufacturer or full agent has one or more branch offices, the amount of the bond shall be as specified in the Agent Services Agreement.

(e) Bond already on file. An authorized dealer, manufacturer or full agent who has filed a bond with the Commonwealth will not be required to file a separate bond under this section, if the bond already on file with the Commonwealth is in the name of the Commonwealth and at least equal to the amount and coverage of the bond required under this section.

(f) Acceptance. The surety and terms of bonds or riders shall be subject to review and acceptance by the Bureau.

(g) Change of address. When a change of address occurs, a stipulation or rider to the original bond shall be submitted for the new address.

(h) Authorized claims. The Bureau has the right to make and settle claims upon the bond with the surety company on behalf of the Commonwealth and a person who has incurred a monetary loss as specified in subsection (a). The Bureau will, upon written request, assign this right to a person for that person’s claim; however, in this event, the Commonwealth is released from any duty to the person towards obtaining satisfaction of that person’s claim. The Commonwealth will have priority, to the exclusion of all others, in receiving payment from the surety. If the aggregate amount of valid claims exceeds the amount of the bond, priority for the payment of claims shall be as follows:

(1) Claims made by the Commonwealth.

(2) Claims made by the Commonwealth for persons.

(3) Claims made by persons who obtained assignment from the Bureau.

The provisions of this § 43.9 adopted September 2, 1977, effective September 3, 1977, 7 Pa.B. 2561; amended April 11, 1979, effective April 14, 1979, 9 Pa.B. 1309; readopted January 5, 1990, effective immediately to November 17, 1989, 20 Pa.B. 21; amended July 9, 1993, effective July 10, 1993, 23 Pa.B. 3347; amended November 27, 1998, effective November 28, 1998, 28 Pa.B. 5872; corrected December 11, 1998, effective November 28, 1998, 28 Pa.B. 6082; amended October 5, 2012, effective October 6, 2012, 42 Pa.B. 6290. Immediately preceding text appears at serial pages (250908) to (250910).

This section cited in 67 Pa. Code § 43.4 (relating to authorization to issue temporary registration plates).

History

• Authority: The provisions of this Chapter 43 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 43 adopted September 2, 1977, effective September 3, 1977, 7 Pa.

67 Pa. Code § 43.10 Prohibited acts.

(a) False information not knowingly to be given. An issuing agent may not knowingly issue a temporary registration card or plate containing misstatement of facts or other false information.

(b) Alteration. A temporary registration card or plate may not be altered. An alteration on a temporary registration card or plate, including copies submitted to the Bureau, renders it invalid.

(c) Renewal or reissuance. An issuing agent may not renew or reissue a temporary registration card or plate which has expired, except upon written authorization of the Department or except as provided for in § 43.6(a)(3) (relating to issuance of temporary registration plates).

(d) Refusal to issue. An authorized dealer, manufacturer or full agent may not refuse, upon request, to issue a temporary registration plate to the owner or lessee of a vehicle who possesses proper documentation under this chapter.

(e) Issuance at location not approved by the Department. Temporary registration plates may not be issued by an authorized dealer, manufacturer or full agent at a location other than the approved places of business of the authorized dealer, manufacturer or full agent, except under § 43.6(b).

(f) Refusal to accept separate check or money order. An issuing agent may not refuse to accept a separate check or money order made payable to the Commonwealth for fees and taxes due to the Commonwealth in association with a title application.

(g) Consignment. An authorized dealer, manufacturer or full agent may not consign or transfer to other issuing agents or persons, any of the inventory of temporary registration plates issued by the Department to the authorized dealer, manufacturer or full agent.

(h) Issuance of temporary registration without proper documentation. An authorized dealer, manufacturer or full agent may not issue a temporary registration card or plate if proper documentation is not complete and if information is not verified if required. This includes proof of ownership, insurance coverage, odometer statements, proof of identity and other documentation that may be required.

(i) Gifts. An issuing agent may not offer or deliver money, gifts or other items of substantial value nor offer and deliver money, gifts or other items to a Commonwealth employe.

(j) Reportable transactions. An issuing agent may not fail to report a transaction involving the sale or transfer of a vehicle consistent with Internal Revenue Service statutes, regulations and rules.

The provisions of this § 43.10 adopted September 2, 1977, effective September 3, 1977, 7 Pa.B. 2561; amended June 2, 1978, effective June 3, 1978, 8 Pa.B. 1533; readopted January 5, 1990, effective immediately to November 17, 1989, 20 Pa.B. 21; amended July 9, 1993, effective July 10, 1993, 23 Pa.B. 3347. Immediately preceding text appears at serial pages (144714) to (144715).

History

• Authority: The provisions of this Chapter 43 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 43 adopted September 2, 1977, effective September 3, 1977, 7 Pa.

67 Pa. Code § 43.12 Use of temporary registration plate.

(a) Applicability. This section pertains to the use of a temporary registration plate by the person to whom it was issued.

(b) Temporary registration plate nontransferable. Temporary registration plates may not be transferred from one vehicle to another. If a person purchases another vehicle before receiving the regular registration card from the Bureau, the person shall wait until receipt of the regular registration card and then transfer the registration plate in the usual manner.

(c) Expiration of temporary registration plates. Temporary registration plates shall expire as follows:

(1) Rules pertaining to cardboard plates.

(i) A cardboard temporary registration plate shall expire and become void upon the occurrence of one of the following:

(A) Issuance of registration from another state.

(B) Rescission of a contract to purchase a vehicle.

(C) Expiration of 30 days from the date of issuance.

(ii) Upon expiration of a cardboard temporary registration plate, the person to whom it was issued shall destroy it.

(2) Rules pertaining to metal plates. A metal temporary registration plate may not be used after the expiration of 60 days from the date of issuance of the temporary card and plate until the registrant receives a regular registration card from the Bureau.

(d) Use of temporary registration plates on vehicles transporting a load. Vehicles transporting a load shall comply with the following:

(1) Temporary metal registration plates may be used on a vehicle transporting a load if the vehicle has a gross vehicle weight rating of 26,000 pounds or less and the vehicle and load have a gross weight of 26,000 pounds or less.

(2) Temporary metal registration plates may not be used on a vehicle transporting a load, if the vehicle has a gross vehicle weight rating in excess of 26,000 pounds or the vehicle and load have a gross weight in excess of 26,000 pounds, unless the vehicle is operating only within this Commonwealth or through jurisdictions which are not members of the International Registration Plan.

(3) Temporary cardboard registration plates may not be used on a commercial vehicle transporting a load.

(e) Prosecution. A person who violates subsection (c) shall be subject to prosecution under 75 Pa.C.S. § 1301 (relating to driving unregistered vehicle prohibited).

The provisions of this § 43.12 adopted March 24, 1978, effective March 25, 1978, 8 Pa.B. 790; amended November 16, 1984, effective November 17, 1984, 14 Pa. B. 4169; readopted January 5, 1990, effective immediately to November 17, 1989, 20 Pa.B. 21; amended November 27, 1998, effective November 28, 1998, 28 Pa.B. 5872; corrected December 11, 1998, effective November 28, 1998, 28 Pa.B. 6082. Immediately preceding text appears at serial pages (240815) to (240816).

History

• Authority: The provisions of this Chapter 43 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 43 adopted September 2, 1977, effective September 3, 1977, 7 Pa.

67 Pa. Code § 43.13 Special temporary registration cards and plates.

The Secretary may authorize the issuance of special temporary registration cards and plates for special occasions which he deems to be in the best interests of the Commonwealth. Temporary registration cards and plates shall be valid for a period of time the Secretary will determine.

The provisions of this § 43.13 adopted November 16, 1984, effective November 17, 1984, 14 Pa.B. 4169; readopted January 5, 1990, effective immediately to November 17, 1989, 20 Pa.B. 21. Immediately preceding text appears at serial page (140051).

History

• Authority: The provisions of this Chapter 43 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 43 adopted September 2, 1977, effective September 3, 1977, 7 Pa.

Chapter 47 Display of Registration Plates

67 Pa. Code § 47.1 Purpose.

The purpose of this chapter is to designate the manner in which registration plates are to be displayed on vehicles as prescribed by 75 Pa.C.S. § 1332(a) (relating to display of registration plate).

The provisions of this § 47.1 adopted August 19, 1977, effective August 20, 1977, 7 Pa.B. 2361; readopted September 8, 1989, effective September 9, 1989, 19 Pa.B. 3828. Immediately preceding text appears at serial page (95331).

History

• Authority: The provisions of this Chapter 47 issued under 75 Pa.
• Source: The provisions of this Chapter 47, adopted August 19, 1977, effective August 20, 1977, 7 Pa.

67 Pa. Code § 47.2 Location.

(a) Single plate. A single registration plate shall be located on the rear of the vehicle so as to be illuminated by the license plate light required by 75 Pa.C.S. § 4303(b) (relating to general lighting requirements), except that the registration plate of a truck-tractor shall be located on the front of the vehicle.

(b) Two plates. If two registration plates are issued for a single vehicle, one registration plate shall be located on the rear of the vehicle as prescribed in subsection (a), and the other on the front of the vehicle.

(c) Two plates and an attached carrier. If two person with disability, disabled veteran or severely disabled veteran registration plates are issued for a vehicle which has a carrier attached to the rear for the purposes of transporting a wheelchair or similar personal assistive device, one plate shall be affixed to the rear of the vehicle as prescribed by subsection (a) and the other shall be affixed to the rear of the carrier instead of affixing the plate to the front of the vehicle.

The provisions of this § 47.2 amended under 75 Pa.C.S. § 1332.

The provisions of this § 47.2 adopted August 19, 1977, effective August 20, 1977, 7 Pa.B. 2361; amended April 17, 1981, effective April 18, 1981, 11 Pa.B. 1327; readopted September 8, 1989, effective September 9, 1989, 19 Pa.B. 3828; amended December 12, 2014, effective December 13, 2014, 44 Pa.B. 7725. Immediately preceding text appears at serial page (270693).

History

• Authority: The provisions of this Chapter 47 issued under 75 Pa.
• Source: The provisions of this Chapter 47, adopted August 19, 1977, effective August 20, 1977, 7 Pa.

67 Pa. Code § 47.3 Manner of attachment.

Every registration plate shall be securely fastened to the vehicle:

(1) So as to be clearly visible.

(2) In a horizontal position.

(3) At a height of not less than 12 inches from the ground, measuring from the bottom of the registration plate.

(4) So as to prevent the registration plate from swinging.

The provisions of this § 47.3 adopted August 19, 1977, effective August 20, 1977, 7 Pa.B. 2361; readopted September 8, 1989, effective September 9, 1989, 19 Pa.B. 3828. Immediately preceding text appears at serial page (95332).

History

• Authority: The provisions of this Chapter 47 issued under 75 Pa.
• Source: The provisions of this Chapter 47, adopted August 19, 1977, effective August 20, 1977, 7 Pa.

Chapter 49 Personal Plates

67 Pa. Code § 49.1 Purpose.

This chapter establishes rules and procedures governing the issuance of personal registration plates to implement 75 Pa.C.S. § 1341 (relating to personal plate).

The provisions of this § 49.1 adopted December 30, 1977, effective December 31, 1977, 7 Pa.B. 3981; readopted December 21, 1990, effective December 22, 1990, and apply retroactively to December 21, 1990, 20 Pa.B. 6297. Immediately preceding text appears at serial page (103459).

History

• Authority: The provisions of this Chapter 49 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 49 adopted December 30, 1977, effective December 31, 1977, 7 Pa.

67 Pa. Code § 49.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Personal registration plates—Registration plates, identical in design to regular registration plates, which display a registration number consisting of a combination of letters or numbers, or both, requested by the owner of the vehicle. Special registration plates—Registration plates, issued for special groups of owners or registrants or for special types of vehicles, which may bear a special or distinctive designation.

The provisions of this § 49.2 adopted December 30, 1977, effective December 31, 1977, 7 Pa.B. 3981; readopted December 21, 1990, effective December 22, 1990, and apply retroactively to December 21, 1990, 20 Pa.B. 6297. Immediately preceding text appears at serial page (103459).

History

• Authority: The provisions of this Chapter 49 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 49 adopted December 30, 1977, effective December 31, 1977, 7 Pa.

67 Pa. Code § 49.3 Personal registration plates.

(a) Application. Application for personal registration plates shall be made on the appropriate form provided by the Department, and be accompanied by the prescribed additional fee.

(b) Limitations and content. Personal registration plates shall conform with the following:

(1) A personal registration plate may not contain a combination of letters or numbers, or both, which, in the judgment of the Department, has connotations offensive to good taste and decency or would be misleading. The Department reserves the right to recall a personal registration plate which it later determines to be offensive or misleading.

(2) Personal and special registration plates will be issued only for passenger cars and other vehicles with a registered gross weight of not more than 9,000 pounds.

The provisions of this § 49.3 issued under the Vehicle Code, 75 Pa.C.S. § § 1341 and 6103.

The provisions of this § 49.3 adopted December 30, 1977, effective December 31, 1977, 7 Pa.B. 3981; amended December 20, 1985, effective December 21, 1985, 15 Pa.B. 4495; readopted December 21, 1990, effective December 22, 1990, and apply retroactively to December 21, 1990, 20 Pa.B. 6297. Immediately preceding text appears at serial pages (103459) to (103460).

History

• Authority: The provisions of this Chapter 49 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 49 adopted December 30, 1977, effective December 31, 1977, 7 Pa.

67 Pa. Code § 49.4 Special registration plates.

(a) Amateur radio operator plates. A special registration plate containing the station call letters will be issued to the holder of a Federal Communications Commission license as an amateur radio station operator, subject to the following:

(1) The vehicle for which the amateur radio operator plate is issued shall be registered by the amateur radio station licensee, or by the licensee and spouse, jointly.

(2) The applicant shall be a resident of this Commonwealth.

(3) Only one special registration plate shall be issued to any person under this subsection.

(4) Application shall be made on the form provided by the Department, and be accompanied by the prescribed additional fee.

(5) The plate may not have been previously issued to another applicant.

(b) Press photographer registration plates. A set of two special registration plates designating the vehicle as belonging to a ‘‘press photographer’’ will be issued to a person who is employed full time as a newspaper, newsreel or television photographer or cameraman, subject to the following:

(1) The vehicle for which the press photographer plates are issued shall be registered by the press photographer or by the press photographer and spouse, jointly.

(2) The applicant shall be a resident of this Commonwealth.

(3) Only one set of special registration plates shall be issued to any person under this subsection.

(4) Application shall be made on a form provided by the Department, and be accompanied by the prescribed additional fee.

(c) Other professional groups. The Department may issue special registration plates to members of other professions in cases that are deemed proper by the Department.

(d) Special organization registration plates. The Department may issue a special registration plate, which may bear a special distinctive designation, for vehicles registered by members of special organizations or for special types of vehicles.

(1) The applicant shall be a resident of this Commonwealth.

(2) The applicant shall be a member in good standing of the special organization.

(3) The vehicle shall be registered in the name of the applicant or jointly in the name of the applicant and spouse.

(4) Application shall be made on the form provided by the Department and be accompanied by the prescribed additional fee.

The provisions of this § 49.4 issued under the Vehicle Code, 75 Pa.C.S. § § 1341 and 6103.

The provisions of this § 49.4 adopted December 30, 1977, effective December 31, 1977, 7 Pa.B. 3981; amended December 20, 1985, effective December 21, 1985, 15 Pa.B. 4495; readopted December 21, 1990, effective December 22, 1990, and apply retroactively to December 21, 1990, 20 Pa.B. 6297. Immediately preceding text appears at serial pages (103460) to (103461).

History

• Authority: The provisions of this Chapter 49 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 49 adopted December 30, 1977, effective December 31, 1977, 7 Pa.

67 Pa. Code § 49.5 Replacement and refund.

(a) Replacement of personal or special registration plates. The following applies to the replacement of personal or special registration plates:

(1) If a personal or special registration plate is defaced and the registrant desires a replacement plate containing the same combination of letters, numbers, or both, as the defaced plate, the owner shall file application for replacement of the registration plate accompanied by the fee prescribed in 75 Pa.C.S. § 1931 (relating to personal registration plates). If the plate is so defaced that it cannot be used while the replacement personal or special plate order is being processed, a replacement plate from the regular series of plates shall be obtained for use until the personal or special plate is manufactured for the fee prescribed in 75 Pa.C.S. § 1929 (relating to replacement registration plates).

(2) If a personal or special registration plate is lost or stolen, the registrant will not be issued a replacement plate duplicating the combination of letters, numbers, or both, of the lost or stolen plate. If the owner desires another personal or special registration plate, application shall be made for a new combination of letters, numbers, or both.

(3) If the registrant ceases to be a member of the special organization, the registrant shall file application for replacement of the special plate, along with the appropriate replacement plate fee prescribed in 75 Pa.C.S. § 1929 (relating to replacement registration plates) for a regular registration plate. Upon receipt of the regular plate, the special organization registration plate shall be returned to the Department for cancellation.

(4) If the Department issues a personal registration plate and then recalls the plate because it is later determined to be offensive or misleading, the registrant will be offered a choice of a free replacement personal registration plate or a refund of the fee paid for the issuance of the plate.

(b) Refund. Except as provided in subsection (a)(4) no refund of the additional personal registration plate fee will be given by the Department to a registrant after an application has been processed.

The provisions of this § 49.5 issued under the Vehicle Code, 75 Pa.C.S. § § 1341 and 6103.

The provisions of this § 49.5 adopted December 30, 1977, effective December 31, 1977, 7 Pa.B. 3981; amended December 20, 1985, effective December 21, 1985, 15 Pa.B. 4495; readopted December 21, 1990, effective December 22, 1990, and apply retroactively to December 21, 1990, 20 Pa.B. 6297. Immediately preceding text appears at serial pages (103461) to (103462).

History

• Authority: The provisions of this Chapter 49 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 49 adopted December 30, 1977, effective December 31, 1977, 7 Pa.

Chapter 51 Transfer, Exchange and Reclassification of Registration

67 Pa. Code § 51.1 Purpose.

The purpose of this chapter is to establish administrative procedures relating to the transfer, exchange and reclassification of vehicle registration under 75 Pa.C.S. § 1314 (relating to transfer of registration).

The provisions of this § 51.1 adopted June 9, 1978, effective June 10, 1978, 8 Pa.B. 1579.

History

• Authority: The provisions of this Chapter 51 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 51 adopted June 9, 1978, effective June 10, 1978, 8 Pa.

67 Pa. Code § 51.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Extension fee—The portion of the fee mandated by 75 Pa.C.S. § 1314(d) (relating to transfer of registration) that is attributable to extending the expiration date. The extension fee shall be equal to the number of months from the previous expiration date to the new expiration date times the prorated monthly fee for the vehicle class. Increase fee—The portion of the fee mandated by 75 Pa.C.S. § 1314(d) that is attributable to the upgrade in class of the vehicle. The increase fee shall be equal to the number of months from the issuance of the transfer to the expiration date of the registration times the difference in prorated monthly fees from the former class to the new class. Transfer fee—The fee prescribed by 75 Pa.C.S. § 1927 (relating to transfer of registration).

The provisions of this § 51.2 adopted June 9, 1978, effective June 10, 1978, 8 Pa.B. 1579; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3706. Immediately preceding text appears at serial page (90222).

History

• Authority: The provisions of this Chapter 51 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 51 adopted June 9, 1978, effective June 10, 1978, 8 Pa.

67 Pa. Code § 51.3 Rules.

(a) Transfer. A registration plate may be transferred from one vehicle to another vehicle for which that registration plate is valid.

(b) Exchange transfer. If the registration plate to be transferred is not valid on the new vehicle, an exchange transfer will take place—that is, a new registration plate will be issued, upon the receipt of which the registrant shall immediately return the old plate to the Department.

(c) Expiration date. The expiration date of the registration after transfer or reclassification may be any expiration date for which the Bureau of Motor Vehicles is currently issuing a registration, provided that all of the appropriate fees are paid.

(d) Reclassification. In the case of reclassification of a vehicle registration due to a change in type of body or use of the vehicle or registered gross weight, an increase fee shall be due in the manner prescribed in § 51.4 (relating to fees at time of transfer), except that no transfer fee is required unless registration is being transferred from one vehicle to another.

The provisions of this § 51.3 adopted June 9, 1978, effective June 10, 1978, 8 Pa.B. 1579; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3706. Immediately preceding text appears at serial pages (90222) to (90223).

History

• Authority: The provisions of this Chapter 51 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 51 adopted June 9, 1978, effective June 10, 1978, 8 Pa.

67 Pa. Code § 51.4 Fees at time of transfer.

(a) Straight transfer. When the class of vehicle and the expiration date are unchanged, only the payment of the transfer fee is required.

(b) Downgrade in class. When the class of vehicle is changed to a lower class and the expiration date is unchanged, only the payment of the transfer fee is required. A refund will not be made.

(c) Upgrade in class. When the class of vehicle is changed to a higher class and the expiration date is unchanged, the payment of both the transfer fee and the increase fee is required.

(d) Shortened downgrade. If the class of vehicle is changed to a lower class and the expiration date is changed to an earlier date, the payment of the transfer fee is required. A refund will not be made.

(e) Shortened upgrade. If the class is changed to a higher class and the expiration date is changed to an earlier date, the payment of both the transfer fee and the increase fee is required. A credit will not be allowed or refund payable on account of the shortened expiration date.

(f) Extended downgrade. If the class of vehicle is changed to a lower class and the expiration date is changed to a later date, the payment of both the transfer fee and the extension fee is required. A credit will not be allowed or refund payable on account of the change to a lower class of vehicle.

(g) Extended upgrade. If the class of vehicle is changed to a higher class and the expiration date is changed to a later date, the payment of the transfer fee, the increase fee and the extension fee is required.

(h) Title fee. In addition to each of the fees set forth in this section, a certificate of title fee is required except when the registration is transferred to a vehicle already titled to the registrant and the vehicle is not to be reclassified.

The provisions of this § 51.4 adopted June 9, 1978, effective June 10, 1978, 8 Pa.B. 1579; amended August 16, 1991, effective August 17, 1991, 21 Pa.B. 3706. Immediately preceding text appears at serial pages (90223) to (90224).

This section cited in 67 Pa. Code § 51.3 (relating to rules).

History

• Authority: The provisions of this Chapter 51 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 51 adopted June 9, 1978, effective June 10, 1978, 8 Pa.

Chapter 53 Manufacturers, Dealers and Miscellaneous Motor Vehicle Businesses Registration Plates

67 Pa. Code § 53.1 Purpose and scope.

(a) Purpose. This chapter establishes procedures for distribution and use of manufacturer, dealer and miscellaneous motor vehicle business registration plates.

(b) Scope. This chapter applies to persons who apply for or use manufacturer, dealer or miscellaneous motor vehicle business registration plates.

The provisions of this § 53.1 adopted March 17, 1978, effective March 18, 1978, 8 Pa.B. 757; amended May 25, 1984, effective June 12, 1984, 14 Pa.B. 1809; readopted May 26, 1989, effective May 27, 1989, 19 Pa.B. 2252. Immediately preceding text appears at serial page (90226).

History

• Authority: The provisions of this Chapter 53 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 53 adopted March 17, 1978, effective March 18, 1978, 8 Pa.

67 Pa. Code § 53.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Dealer—A person who maintains an established place of business and who is engaged in the business of buying, selling or exchanging vehicles, including but not limited to passenger cars, trucks, implements of husbandry, special mobile equipment and trailers. Dealer plate—A registration plate issued to a dealer or manufacturer which may be displayed on vehicles owned or in possession of the dealer or manufacturer in lieu of registering each vehicle individually. Established place of business—A permanent enclosed building which is accessible and open to the public at all reasonable times and at which the business of a dealer or miscellaneous motor vehicle business, including the display and repair of vehicles, may be lawfully conducted in accordance with the terms of applicable building codes, zoning and other land-use regulatory ordinances. Financier or collector-repossessor—A person who is authorized to do business in this Commonwealth as a financier or collector-repossessor and who is regularly engaged in the business of financing sales, making loans on the security of vehicles or repossessing vehicles which are the subject of installment sales contracts as an independent contractor. Immediate family—A spouse or child of the registrant or a parent, brother or sister of the registrant who lives in ths same residence as the registrant. Licensed dealer—A dealer licensed by the State Board of Motor Vehicle Manufacturers, Dealers and Salespersons. Manufacturer—A person engaged in the business of constructing or assembling vehicles or motors or bodies of vehicles. Miscellaneous motor vehicle business—A vehicle salvage dealer, transporter, financier or collector/repossessor, or a person who maintains an established place of business and who is engaged in the business of repair, service or towing of motor vehicles including but not limited to passenger cars, trucks, implements of husbandry and special mobile equipment. Miscellaneous motor vehicle business plate—A registration plate issued to a miscellaneous motor vehicle business which may be displayed on vehicles owned or in possession of the business in lieu of registering each vehicle individually. Officer—A president, vice president, secretary or treasurer of a corporation. Registered dealer—A dealer registered by the Department under § 53.3(b) (relating to issuance of plates). Transporter—A person regularly engaged in the business of transporting new vehicles or new and used trailers on their own wheels, owned by or in possession of a registered dealer. Vehicle salvage dealer—A person who maintains an established place of business and who is engaged in the business of buying or selling parts or buying, selling or exchanging used, wrecked or abandoned vehicles and junkers for the purpose of remodeling, taking apart or rebuilding them.

The provisions of this § 53.2 adopted May 25, 1984, effective June 12, 1984, 14 Pa.B. 1809; readopted May 26, 1989, effective May 27, 1989, 19 Pa.B. 2252. Immediately preceding text appears at serial pages (90226) to (90227) and (95333).

History

• Authority: The provisions of this Chapter 53 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 53 adopted March 17, 1978, effective March 18, 1978, 8 Pa.

67 Pa. Code § 53.3 Issuance of plates.

(a) To whom issued. Plates will be issued in the following manner:

(1) Dealer plates will be issued to a manufacturer or dealer licensed by the State Board of Vehicle Manufacturers, Dealers and Salespersons and to a manufacturer or dealer of a type not licensed by the Board, if the manufacturer or dealer registers with the Department under subsection (b).

(2) Miscellaneous motor vehicle business plates will be issued to a miscellaneous motor vehicle business which registers with the Department under subsection (b).

(b) Application for plates. Application for plates shall be made in the following manner:

(1) Manufacturers, dealers and miscellaneous motor vehicle businesses may apply for registration plates by providing the Department with the following:

(i) A properly executed application furnished by the Department.

(ii) A copy of the deed or lease to the applicant’s place of business and photos of the exterior and the interior.

(iii) A certificate of insurance or a statement from an insurance carrier authorized to do business in this Commonwealth—on its letterhead—that the applicant has sufficient liability insurance to cover as many vehicles as the number of plates applied for.

(iv) A remittance payable to the Department in the proper amount for the number of plates desired.

(v) A listing of outstanding liabilities due and owing to the Commonwealth, if any.

(vi) In the case of a transporter, a copy of an active contract with a registered dealer to regularly transport the dealer’s vehicles. A copy of the contract shall also be included wth each application for renewal of the registration plates.

(2) The Department will examine and determine the genuineness, regularity and legality of the application. The Department may investigate the applicant with regard to the following:

(i) Condition of the premises.

(ii) Departmental and other Commonwealth records pertaining to the applicant or an owner or officer.

(iii) Personal history of an owner or officer.

(iv) Unsatisfied judgments against the applicant, owner or officer.

(v) Credit rating of the business and its owners and officers.

(vi) Assets and liabilities of the applicant.

(3) For dealers and manufacturers licensed by the State Board of Vehicle Manufacturers, Dealers and Salespersons, a separate Department investigation will not be required.

(4) The Department may deny an application for registration plates on the basis of information revealed in the investigation or if the applicant fails to disclose material information required or has made a materially false statement on the application. If the Department denies an application, the Department will provide the applicant with an opportunity to show cause why the application should not be denied.

(5) In the case of dealers who are not required to be licensed by the Department of State, the Department may approve an application for dealer registration on a temporary basis for a period of 1 year. At the end of this period, the condition of the business will be evaluated by the Department and a determination will be made as to whether permanent approval will be given to the application for dealer registration. Factors which will be considered in making this determination shall include, but not be limited to, the physical condition of the business and the number of vehicles sold by the business.

(c) Registration renewals. Dealer plates and miscellaneous motor vehicle business plates shall be renewed annually.

The provisions of this § 53.3 adopted May 25, 1984, effective June 12, 1984, 14 Pa.B. 1809; readopted May 26, 1989, effective May 27, 1989, 19 Pa.B. 2252. Immediately preceding text appears at serial pages (95333) to (95334).

This section cited in 67 Pa. Code § 43.2 (relating to definitions); and 67 Pa. Code § 53.2 (relating to definitions).

History

• Authority: The provisions of this Chapter 53 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 53 adopted March 17, 1978, effective March 18, 1978, 8 Pa.

67 Pa. Code § 53.4 Use of plates.

(a) Dealer plates.

(1) Dealer plates may be used on vehicles owned or in possession of a dealer or manufacturer and operated by the dealer or manufacturer or its employes only when the vehicle is used for one of the following purposes:

(i) In the business of the registrant as a dealer or manufacturer. If a dealer or manufacturer is engaged in a business other than the business of motor vehicle dealer or manufacturer, dealer plates may not be used on vehicles used in the other business, nor on vehicles used in both businesses.

(ii) For the personal pleasure or use of the dealer or members of the dealer’s immediate family, or when the dealer is a corporation, for the personal pleasure or use of the officers or members of their immediate families, or for the personal use of the regular employes of the dealer.

(iii) For teaching students enrolled in an approved driver education course how to operate a vehicle and for taking an examination for a driver’s license by the new driver.

(iv) For testing vehicles in the possession of the dealer or manufacturer.

(v) For demonstrating vehicles in the possession of the dealer or manufacturer.

(vi) For loaning to customers whose vehicles are being repaired.

(vii) For loaning to prospective purchasers for a period not exceeding 5 days for the purpose of demonstrating vehicles.

(2) Limited use of certain types of dealer plate shall be as follows:

(i) A motor driven cycle or motorized pedalcycle dealer plate shall be used only on motor driven cycles and motorized pedalcycles.

(ii) A motorcycle dealer plate shall be regularly used only on motorcycles, motor driven cycles and motorized pedalcycles. A motorcycle dealer plate may be used on other vehicles owned or in the possession of the motorcycle dealer only when the vehicle is being demonstrated for a prospective customer.

(iii) Other dealer plates may be used on any type of vehicle.

(3) See 75 Pa.C.S. § 1336(b) (relating to use of dealer registration plates). Permits for the use of manufacturer and dealer registration plates in the manner provided in paragraph (1)(iii), (vi) and (vii), shall be issued and records of their issuance shall be retained as follows:

(i) The dealer or manufacturer shall complete in ink or by typing, in duplicate, a dealer registration plate permit (form MV-355) for each use, including the name and address of the authorized user; the dealer registration plate number; the make and vehicle identification number of the vehicle; the date of issuance of the permit; the dealer or manufacturer’s name, address and dealer identification number (DIN); and the purpose for which use of the vehicle was authorized. The form shall be signed by both the authorized user and the dealer or manufacturer.

(ii) The original copy of the dealer registration plate permit shall be given to the authorized user and shall be in the possession of the driver whenever the vehicle is being driven on a highway. The dealer registration card issued for the dealer registration plate attached to the vehicle shall also be in possession of the authorized user when the vehicle is being driven.

(iii) The duplicate copy of the dealer registration plate permit shall be retained at the dealer’s or manufacturer’s place of business for at least 6 months for inspection by police and authorized representatives of the Commonwealth.

(b) Miscellaneous motor vehicle business plates.

(1) Miscellaneous motor vehicle business plates may be used only when the vehicle is used for one of the following purposes:

(i) In the conduct of the miscellaneous motor vehicle business. If the owner of the miscellaneous motor vehicle business is engaged in another business, the miscellaneous motor vehicle business plates may not be used on vehicles used in the other business, nor on vehicles used in both businesses.

(ii) For the personal pleasure or use of the owner of the miscellaneous motor vehicle business or members of the owner’s immediate family, or when the business is a corporation, for the pleasure or use of not more than three officers or members of their families, or for the personal use of the regular employes of the business when operated by the employe.

(2) Miscellaneous motor vehicle business plates shall be used by transporters only on motor vehicles which are hauling loads no greater than 1,000 pounds. The plates may not be used by transporters on truck tractors towing mobile homes or loaded trailers, or on loaded trailers.

The provisions of this § 53.4 adopted May 25, 1984, effective June 12, 1984, 14 Pa.B. 1809; readopted May 26, 1989, effective May 27, 1989, 19 Pa.B. 2252. Immediately preceding text appears at serial pages (95334) and (90230) to (90231).

This section cited in 67 Pa. Code § 53.9 (relating to sanctions for violations by dealer, manufacturer or miscellaneous motor vehicle business registrants).

History

• Authority: The provisions of this Chapter 53 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 53 adopted March 17, 1978, effective March 18, 1978, 8 Pa.

67 Pa. Code § 53.5 Registration cards for manufacturers, dealers and miscellaneous motor vehicle businesses.

(a) General rule. The Department, upon issuing manufacturer, dealer or miscellaneous motor vehicle business registration plates, will issue cards which will include the name and address of the registrant, the identification number assigned to the registrant, the expiration date of the registration and the number of the registration plates assigned.

(b) Types of cards. Registrants will be furnished two types of registration cards:

(1) A separate, original card for each registration plate, containing the name and address of the registrant, the identification number assigned to the registrant, the expiration date of the registration and the number of the plate.

(2) A summary card in the form of a computer printout, containing the name and address of the registrant, the identification number assigned to the registrant, the registration plate number for each plate assigned to the registrant, and the expiration date of the registration. The registrant may make photocopies of this type of card which shall have the same force as the original card and may be exhibited, when required, in lieu of the original card.

(c) Signature. Upon receiving the registration card or a duplicate thereof, the registrant shall sign his name in ink in the space provided.

(d) Exhibition of card. One of the two types of registration cards for the registration plate being displayed on a vehicle shall be, at all times while the vehicle is being operated upon the highway, in the possession of the person driving or in control of the vehicle or carried in the vehicle and exhibited upon demand of a police officer.

The provisions of this § 53.5 adopted May 25, 1984, effective June 12, 1984, 14 Pa.B. 1809; readopted May 26, 1989, effective May 27, 1989, 19 Pa.B. 2252. Immediately preceding text appears at serial pages (90231) to (90232).

History

• Authority: The provisions of this Chapter 53 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 53 adopted March 17, 1978, effective March 18, 1978, 8 Pa.

67 Pa. Code § 53.6 Responsibilities of dealer, manufacturer and miscellaneous motor vehicle business registrants.

(a) Change of ownership. The registrant shall notify the Department on the prescribed form within 5 days of any change of ownership. The following are regarded as changes of ownership:

(1) Whenever the owner takes a new partner.

(2) Whenever the owner sells the business.

(3) Incorporation of a business.

(4) Sale of controlling interest in a corporation.

(b) Change of address. The registrant shall notify the Department before changing its place of business or before opening any branch office, and shall notify the Department immediately of any change in its post office address.

(c) Lost or stolen plate. The registrant shall notify the Department within 2 days of discovering the loss or theft when any registration plate is lost or stolen. The requirement of this section is in addition to the requirement to notify police of loss or theft of a registration plate under 75 Pa.C.S. § 1333(a) (relating to lost, stolen, damaged or illegible registration plates).

The provisions of this § 53.6 adopted May 25, 1984, effective June 12, 1984, 14 Pa.B. 1809; readopted May 26, 1989, effective May 27, 1989, 19 Pa.B. 2252. Immediately preceding text appears at serial page (90232).

History

• Authority: The provisions of this Chapter 53 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 53 adopted March 17, 1978, effective March 18, 1978, 8 Pa.

67 Pa. Code § 53.7 Return of dealer, manufacturer and miscellaneous motor vehicle business registration plates.

(a) Registration plates shall be returned to the Department immediately, if one of the following occur:

(1) The registration has been revoked or suspended by the Department.

(2) The State Board of Vehicle Manufacturers, Dealers and Salespersons has suspended, revoked or not renewed the license of the registered manufacturer or dealer.

(b) Registration plates shall be returned to the Department within 5 days if one of the following occur:

(1) A change in the nature of the registrant’s business so that the registrant is no longer a dealer, manufacturer or miscellaneous motor vehicle business.

(2) The discontinuation of business as a dealer, manufacturer or miscellaneous motor vehicle business by the registrant.

The provisions of this § 53.7 adopted May 25, 1984, effective June 12, 1984, 14 Pa.B. 1809; readopted May 26, 1989, effective May 27, 1989, 19 Pa.B. 2252. Immediately preceding text appears at serial pages (90232) to (90233).

History

• Authority: The provisions of this Chapter 53 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 53 adopted March 17, 1978, effective March 18, 1978, 8 Pa.

67 Pa. Code § 53.8 Certified checks.

The Department may, in its discretion, require certified checks, postal or other money orders or cash from any registrant after a default in the payment of checks or drafts of the registrant.

The provisions of this § 53.8 adopted May 25, 1984, effective June 12, 1984, 14 Pa.B. 1809; readopted May 26, 1989, effective May 27, 1989, 19 Pa.B. 2252. Immediately preceding text appears at serial page (90233).

History

• Authority: The provisions of this Chapter 53 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 53 adopted March 17, 1978, effective March 18, 1978, 8 Pa.

67 Pa. Code § 53.9 Sanctions for violations by dealer, manufacturer or miscellaneous motor vehicle business registrants.

(a) Schedule. After providing an opportunity for a hearing, the Department may impose suspensions on a registrant according to the following schedule of violations by the registrant, when the Department finds upon sufficient evidence that:

(b) Warning. The Department may, in its discretion, permit the registrant to consent to the acceptance of a warning in lieu of the first violation suspension outlined in subsection (a)(3), if no owner or officer had knowledge of the violation. The consent warning shall only be issued to registrants which have had no suspendable violations for 3 years prior to the date of the violation which is being considered. The registrant bears the burden of proving that they provided proper supervision of the employe who committed the violation but that the supervision could not have prevented the violation. Consent warnings replace the first violation suspension, and a second violation will be considered a second violation.

(c) Second and subsequent violations. Second and subsequent violations will be determined on the basis of previous violations of the same nature committed within a 3 year period. If a third or subsequent violation occurs within 3 years of the last previous violation, it will be deemed a third or subsequent violation regardless of when other previous violations occurred.

(d) Multiple violations. In the case of multiple violations considered at one time, the Department will impose separate penalties for each violation as required by the schedule. The Department may, in its discretion, direct that a suspension imposed be served concurrently or consecutively.

(e) Suspension authority reserved. The descriptions of reasons for suspension in subsection (a) are of a general nature, and should not be deemed to limit the suspension authority of the Department granted by 75 Pa.C.S. § 1374 (relating to suspension of vehicle business registration plates).

(f) Revocation. Upon revocation of registration, the dealer, manufacturer or miscellaneous motor vehicle business shall be barred from reapplying for a new registration for 1 year. The dealer, manufacturer or miscellaneous motor vehicle business shall immediately return all the registration cards and plates in its possession to the Department.

The provisions of this § 53.9 adopted May 25, 1984, effective June 12, 1984, 14 Pa.B. 1809; readopted May 26, 1989, effective May 27, 1989, 19 Pa.B. 2252; corrected October 21, 1994, effective January 1, 1994, 24 Pa.B. 5314. Immediately preceding text appears at serial pages (182545) to (182547).

The Court’s final order reinstating a car dealer’s registration plates and authority to issue temporary registration plate suspended for bad check violations was determined to be a final nonappealable order. The failure by the car dealer to raise any issues before the Commonwealth Court will result in the waiver of such issues. Department of Transportation v. Kosak, 639 A.2d 1252 (Pa. Cmwlth. 1994).

The Department did not abuse its discretion in suspending an auto dealer’s registration plates and authorization to issue temporary registration plates for submitting an uncollectable check to the Department. Saia’s Used Cars v. Commonwealth, 596 A.2d 1212 (Pa. Cmwlth. 1991).

Department was not required to hold a hearing prior to issuance of a warning to dealership for violation of 75 Pa.C.S. § 1103(d) (relating to application for certificate of title). Subsequent suspension of a license to issue temporary plates was properly invalidated in that no subsequent citation was issued against dealership. Department of Transportation v. Magarity Chevrolet, Inc., 576 A.2d 1159 (Pa. Cmwlth. 1990).

It is not a violation of due process for the Department of Transportation to issue a warning of a violation without the opportunity for notice or a hearing as long as a suspension or sanction is not imposed. Ernest Sunday Chrysler Plymouth, Inc. v. Department of Transportation, 558 A.2d 921 (Pa. Cmwlth. 1989); appeal denied 575 A.2d 118 (Pa. 1990).

The Department need not prove fraud nor financial loss to the agency to impose a suspension for dealer who inadvertently submitted uncollectible checks twice within a 3 year period. Department of Transportation v. Foxwood R. V. Center and Campground, 547 A.2d 504 (Pa. Cmwlth. 1988).

The decision by the Department to suspend a registered automobile dealer’s authorization to issue temporary registration plates was proper as a violation of this section because of the dealer’s two instances of submitting uncollectible checks to the agency. Department of Transportation v. Foxwood R. V. Center and Campground, 547 A.2d 504 (Pa. Cmwlth. 1988).

Where trial court agreed with Department of Transportation’s finding that car dealer violated this section, it was manifest abuse of discretion to substitute its determination of appropriate penalty for that imposed by Department, absent new findings of fact and conclusions of law. Department of Transportation v. Ede Motor Co., 527 A.2d 632 (Pa. Cmwlth. 1987).

History

• Authority: The provisions of this Chapter 53 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 53 adopted March 17, 1978, effective March 18, 1978, 8 Pa.

Chapter 57 Staggered Registration

67 Pa. Code § 57.1 Purpose.

The purpose of this chapter is to implement the staggered registration system mandated by 75 Pa.C.S. § 1307(a) (relating to period of registration).

The provisions of this § 57.1 adopted November 30, 1979, effective December 1, 1979, 9 Pa.B. 3946; readopted June 10, 1988, effective June 11, 1988, 18 Pa.B. 2600. Immediately preceding text appears at serial page (90242).

History

• Authority: The provisions of this Chapter 57 issued under Vehicle Code, Source The provisions of this Chapter 57 adopted November 30, 1979, effective December 1, 1979, 9 Pa.
• Source: The provisions of this Chapter 57 adopted November 30, 1979, effective December 1, 1979, 9 Pa.

67 Pa. Code § 57.2 Applicability.

This chapter applies to every vehicle required to bear Pennsylvania registration plates except:

(1) Antique or classic vehicles.

(2) Vehicles bearing dealer or miscellaneous motor vehicle business registration plates.

(3) Vehicles bearing semipermanent registration plates issued to governmental or quasigovernmental bodies.

The provisions of this § 57.2 adopted November 30, 1979, effective December 1, 1979, 9 Pa.B. 3946; readopted June 10, 1988, effective June 11, 1988, 18 Pa.B. 2600. Immediately preceding text appears at serial page (90242).

History

• Authority: The provisions of this Chapter 57 issued under Vehicle Code, Source The provisions of this Chapter 57 adopted November 30, 1979, effective December 1, 1979, 9 Pa.
• Source: The provisions of this Chapter 57 adopted November 30, 1979, effective December 1, 1979, 9 Pa.

67 Pa. Code § 57.3 Expiration dates.

(a) New registrations. A new registration shall expire 1 year after the last day of the month preceding either the date of issuance of a registration card by the Department or the date of issuance of a temporary registration card by either the Department or an authorized agent of the Department, whichever occurs first.

(b) Renewed registration. A renewed registration shall expire as follows:

(1) If a registration is renewed before 2 months have elapsed since its scheduled expiration, the renewed registration shall expire 1 year after the last day of the month in which it had been scheduled to expire.

(2) If a registration is renewed after 2 months have elapsed since expiration, the renewed registration shall expire 1 year after the last day of the month preceding the date of issuance of the renewed registration.

(c) Fleet vehicle registrations. Fleet vehicle registrations shall expire as follows:

(1) Upon renewal or initial issuance of registration of a vehicle within his fleet, a person who owns or leases a fleet of 15 or more vehicles may request on a form furnished by the Department that the registration for such vehicle shall be designated to expire as follows:

(i) Registration of vehicles—other than trucks and truck tractors in the registered gross weight classes of 9 through 25, trailers, and school buses—shall expire annually on the last day of one of the following months elected by the registrant and approved by the Bureau: January, February, March, April, June, July, August, September, October, November or December.

(ii) Registrations of trucks and truck tractors in the registered gross weight classes of 9 through 25 and trailers shall expire annually May 31.

(iii) Registration of school buses shall expire on an annual basis on July 31.

(2) Upon the designation of an expiration date under paragraph (1), the registration fee shall be prorated by multiplying the number of months in the registration period, which shall consist of not less than 6 months nor more than 17 months, by 1/12 of the annual registration fee.

(3) For the purpose of computing the registration fee, the registration period for a fleet vehicle whose initial registration will expire according to the provisions of paragraph (1) shall commence on the 1st day of the month of either the date of issuance of a registration card by the Department or the date of issuance of a temporary registration card by the Department or an authorized agent of the Department, whichever occurs first.

(4) After the designation of an expiration date under paragraph (1), the registration renewal fee for each vehicle shall be the annual registration fee regardless of the month of renewal. The registrant has the option of maintaining the expiration date designated for the vehicle under paragraph (1) or changing the date of the registration expiration to 1 year after the last day of the month preceding the month of renewal.

The provisions of this § 57.3 adopted November 30, 1979, effective December 1, 1979, 9 Pa.B. 3946; amended June 24, 1983, effective June 25, 1983, 13 Pa.B. 2000; readopted June 10, 1988, effective June 11, 1988, 18 Pa.B. 2600. Immediately preceding text appears at serial page (90243).

History

• Authority: The provisions of this Chapter 57 issued under Vehicle Code, Source The provisions of this Chapter 57 adopted November 30, 1979, effective December 1, 1979, 9 Pa.
• Source: The provisions of this Chapter 57 adopted November 30, 1979, effective December 1, 1979, 9 Pa.

Chapter 59 Confidential Registrations

67 Pa. Code § 59.1 Purpose; authority.

(a) Purpose. The purpose of this chapter is to establish rules and procedures for the issuance of confidential registrations.

(b) Authority. This chapter is promulgated under authority of 75 Pa.C.S. § 6103 (relating to promulgation of rules and regulations by department).

History

• Authority: The provisions of this Chapter 59 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 59 adopted March 20, 1981, effective March 21, 1981, 11 Pa.

67 Pa. Code § 59.2 Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: Confidential registration—A vehicle registration as to which the records of the Department are available only as specified in this chapter.

History

• Authority: The provisions of this Chapter 59 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 59 adopted March 20, 1981, effective March 21, 1981, 11 Pa.

67 Pa. Code § 59.3 Issuance.

A confidential registration may be issued only to:

(1) A governmental law enforcement agency for a vehicle used to any extent for undercover or surveillance purposes; and

(2) Commonwealth departments and other agencies for vehicles assigned to Department secretaries and deputy secretaries and heads of other agencies.

History

• Authority: The provisions of this Chapter 59 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 59 adopted March 20, 1981, effective March 21, 1981, 11 Pa.

67 Pa. Code § 59.4 Application.

Application for a confidential registration shall be made on a form furnished by the Department which shall include an affidavit of intended use.

History

• Authority: The provisions of this Chapter 59 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 59 adopted March 20, 1981, effective March 21, 1981, 11 Pa.

67 Pa. Code § 59.5 Availability of information.

(a) Law enforcement agencies. Information concerning the identity of the registrant of a confidential registration will be provided only upon written request of the registrant or a law enforcement agency.

(b) Other requests. Upon receipt of a request for information concerning a confidential registration from any person or entity other than the registrant or a law enforcement agency, the Department will inform the requester that the identity of the registrant is confidential, and will notify the registrant of the identity of the requester.

The provisions of this § 59.5 amended March 20, 1981, effective March 21, 1981, 11 Pa.B. 1174.

History

• Authority: The provisions of this Chapter 59 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 59 adopted March 20, 1981, effective March 21, 1981, 11 Pa.

Chapter 60 Permanent Registration of Fleet Vehicles

67 Pa. Code § 60.1 Purpose.

This chapter establishes rules and procedures to implement permanent registration of fleet vehicles as authorized by 75 Pa.C.S. § 1307.1 (relating to permanent fleet registration).

History

• Authority: The provisions of this Chapter 60 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 60 adopted January 7, 1994, effective January 8, 1994, 24 Pa.

67 Pa. Code § 60.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Applicant—A person, firm or corporation in whose name an application to permanently register a fleet of vehicles is filed. Bureau—The Bureau of Motor Vehicles of the Department. Cancel—To terminate by formal action of the Department a registration or privilege issued or granted under this chapter. The registration or privilege will not be restored except upon submission and acceptance of a new application. Combination—Two or more vehicles physically interconnected in tandem. Credentials—A permanent registration card, permanent registration plate and permanent registration sticker. Department—The Department of Transportation, Bureau of Motor Vehicles, of the Commonwealth. Fleet—One hundred or more commercially operated vehicles owned or leased by one person, firm or corporation. Gross weight—The combined weight of a vehicle or combination of vehicles and its load excluding the driver’s weight. Interstate operation—Vehicle movement between or through two or more jurisdictions. Intrastate operation—Vehicle movement from one point within a jurisdiction where passengers or freight is loaded to another point within the same jurisdiction where passengers or freight is unloaded, regardless of the route traveled; that is, movement across state lines so long as vehicle ends up within the same state in which it started. Jurisdiction—A state, territory or possession of the United States; the District of Columbia; or a Province of Canada. Registrant—A person, firm or corporation in whose name a fleet of vehicles is permanently registered. Registration—The authority for a vehicle to operate on a highway as evidenced by the issuance of an identifying card and plate. Registration card—A card issued by the Department to the registrant for a vehicle registered as part of a permanent fleet containing the make and vehicle identification number of the vehicle, the vehicle registration plate number, the name and address of the registrant and other necessary information required by the Department. Registration year—The 12-month registration period for which the registration fees are calculated. Vehicle—Every device in, upon or by which a person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks.

History

• Authority: The provisions of this Chapter 60 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 60 adopted January 7, 1994, effective January 8, 1994, 24 Pa.

67 Pa. Code § 60.3 Eligibility criteria.

Eligibility for permanent registration shall be limited to fleet vehicles registered in this Commonwealth, except that vehicles or combinations registered over 26,000 pounds gross weight will be eligible for permanent fleet registration if used only in intrastate operations. Vehicles or combinations with a registered gross weight of over 26,000 pounds and which are used in interstate commerce are not eligible for participation in the permanent registration of fleet vehicles program.

History

• Authority: The provisions of this Chapter 60 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 60 adopted January 7, 1994, effective January 8, 1994, 24 Pa.

67 Pa. Code § 60.4 Application for permanent registration of fleet vehicles.

(a) General rule. Application for permanent registration of a fleet of vehicles shall be made on a form furnished by the Bureau. Application for permanent registration of fleet vehicles may be made at the time of initial application for registration for vehicles that are not currently registered in this Commonwealth, or at least 2 months prior to the current vehicle expiration dates.

(b) Contents. The application shall contain the full name and address of the applicant, a description of each vehicle which is to be permanently registered and the requested annual expiration date. Changes to an existing permanent fleet may be made by notifying the Department at least 2 months prior to the expiration of the current fleet registration expiration.

(c) Ownership. To be permanently registered under this chapter, a vehicle shall be titled in this Commonwealth in the name of the owner or lessor of the vehicle.

(1) If a vehicle is not currently titled in this Commonwealth and the applicant wishes to apply for permanent registration for that vehicle, the applicant shall submit a completed application for Pennsylvania title, along with the application for permanent registration. The Pennsylvania title shall be approved before permanent registration will be allowed.

(2) Leased vehicles are eligible for permanent fleet registration, if the vehicles are titled in the lessor’s name and registered in the lessee’s name.

(d) Expiration. Expiration of fleet vehicles shall be as follows:

(1) Expirations occurring in the same month. The applicant shall select the month in which the registration of the permanent fleet will expire, consistent with Chapter 57 (relating to staggered registration).

(2) Expiration occurring in different months. The applicant may select different registration months for groups of vehicles within the permanent fleet if there are at least 100 eligible vehicles in each month selected. The applicant is limited to select expiration months for the applicant’s vehicle types consistent with Chapter 57.

History

• Authority: The provisions of this Chapter 60 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 60 adopted January 7, 1994, effective January 8, 1994, 24 Pa.

67 Pa. Code § 60.5 Changes in permanent vehicle fleets.

(a) Adding vehicles to fleet. Vehicles which are acquired by a registrant after the commencement of the registration year may be added to a permanently registered fleet by application to the Department on a form furnished by the Department.

(b) Withdrawal and replacement of vehicles from fleets. The following rules apply to the withdrawal and replacement of a vehicle from a permanently registered fleet:

(1) Vehicle withdrawn but not replaced. If a vehicle is withdrawn from a fleet during the period for which registration fees have been paid, and it is not replaced with another vehicle, the registrant shall, within 30 days, notify the Bureau on the appropriate form, and shall forward that notification along with the registration credentials to the Department. A refund will not be issued for time remaining on unexpired registration.

(2) Vehicle withdrawn but replaced. If a vehicle is withdrawn from a fleet during the period for which registration fees have been paid, and it is replaced with another vehicle, the registrant shall, within 30 days, notify the Bureau on the appropriate form. The registration transfer fee will be required as provided in § 60.12 (relating to fees). In addition, if the replacement vehicle registration fee is higher than that of the vehicle replaced, the additional prorated registration fee will also be required. The Department will issue a new registration card. The registrant is exempt from the requirement to return the registration plate as required under 75 Pa.C.S. § 1314(d) (relating to transfer of registration) if the replacement vehicle is a different type vehicle than that replaced.

(c) Withdrawal of fleet from permanent registration program. If a fleet is withdrawn from the permanent registration program during the period for which registration fees have been paid, the registrant shall, within 10 days, notify the Bureau on the appropriate form, and shall forward that notification along with all registration credentials to the Department.

History

• Authority: The provisions of this Chapter 60 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 60 adopted January 7, 1994, effective January 8, 1994, 24 Pa.

67 Pa. Code § 60.6 Temporary registration.

A temporary registration card and plate allowing an owner or lessee to operate a vehicle within the fleet may be obtained under Chapter 43 (relating to temporary registration cards and plates), during the period when an application for permanent registration is being processed.

History

• Authority: The provisions of this Chapter 60 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 60 adopted January 7, 1994, effective January 8, 1994, 24 Pa.

67 Pa. Code § 60.7 Payment procedures.

Upon the approval of an application for permanent registration, the Department will mail a billing notice to the registrant at the address shown on the application. The notice will contain a statement of the amount of the fees due the Commonwealth and a list of each vehicle identified on the application.

History

• Authority: The provisions of this Chapter 60 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 60 adopted January 7, 1994, effective January 8, 1994, 24 Pa.

67 Pa. Code § 60.8 Registration credentials.

(a) Issuance of plate and registration card. For each vehicle approved for permanent registration and for which payment of the necessary fees has been received, the Department will issue to the registrant the following:

(1) A registration plate.

(2) A permanent registration sticker.

(3) A permanent registration card containing the following information:

(i) The name and address of registrant.

(ii) The make and vehicle identification number of the vehicle.

(iii) The registration plate number.

(iv) Other information the Department may deem necessary.

(b) Display. Credentials issued by the Bureau shall be maintained or displayed as required by Chapter 47 (relating to display of registration plates). The registration plate shall be attached to the vehicle and the registration card carried in the vehicle no later than the first day of the registration year.

History

• Authority: The provisions of this Chapter 60 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 60 adopted January 7, 1994, effective January 8, 1994, 24 Pa.

67 Pa. Code § 60.9 Vehicle marking.

Every vehicle which is permanently registered under this chapter shall be marked as follows:

The name, trade mark or logo of the company shall be displayed on the left side of the vehicle in a color that is in sharp contrast to the background. The marking shall be legible during daylight from a distance of at least 50 feet.

History

• Authority: The provisions of this Chapter 60 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 60 adopted January 7, 1994, effective January 8, 1994, 24 Pa.

67 Pa. Code § 60.10 Replacement of credentials.

(a) Application. If a permanent registration plate, sticker or registration card is defaced, destroyed, lost or stolen, the registrant shall apply for a replacement on the appropriate form furnished by the Department, accompanied by the fee provided in 75 Pa.C.S. § § 1929 and 1932 (relating to replacement registration plates; and duplicate registration cards).

(b) Replacement of registration plate and sticker with transfer. Application for replacement of a lost, stolen, damaged or illegible registration plate or sticker may be made in conjunction with an application for transfer of registration to another vehicle, if both are accompanied by the registration card.

(c) Registration card. Application for replacement of a lost or stolen registration card may not be made in conjunction with an application for the transfer of the registration to another vehicle.

History

• Authority: The provisions of this Chapter 60 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 60 adopted January 7, 1994, effective January 8, 1994, 24 Pa.

67 Pa. Code § 60.11 Cancellation of the privilege to permanently register fleet vehicles.

(a) Cancellation of the privilege to maintain permanent fleet registration. Permanent fleet registration privileges may be cancelled by the Department for the following reasons:

(1) The registrant does not meet the requirements of this chapter.

(2) The registrant does not pay permanent fleet registration renewal fees.

(3) The registrant does not pay fees connected with issuance of certificate of title or registration.

(4) The registrant improperly uses a permanent plate, sticker or permanent registration card.

(5) Someone other than the registrant uses registration credentials.

(6) Someone other than the registrant operates the vehicle.

(7) The registrant falsely certifies information.

(8) The registrant dishonors a check tendered to the Department for fees required under this title or 75 Pa.C.S. (relating to the Vehicle Code).

(b) Return of credentials upon cancellation. Credentials shall be returned to the Department upon cancellation of permanent fleet registration by the Department. The registrant shall return the credentials by the date contained in the notice of cancellation.

(c) Replacement of annual registration credentials upon cancellation. The Bureau will issue annual registration credentials upon cancellation and return of the permanent fleet registration credentials, if the registrant meets the requirements for annual registration of the vehicles. The expiration of the annual registration will be based on each full month remaining on the unused portion of the paid permanent registration.

History

• Authority: The provisions of this Chapter 60 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 60 adopted January 7, 1994, effective January 8, 1994, 24 Pa.

67 Pa. Code § 60.12 Fees.

(a) Registration. The annual registration fee for a permanently registered vehicle will be assessed consistent with 75 Pa.C.S. § § 1911—1932 (relating to registration fees).

(b) Replacement of registration cards. The fee for replacement of a registration card is $3.

(c) Replacement of registration plate. The fee for replacement of a registration plate is $5.

(d) Establishing a vehicle in a permanent fleet. The fee for initially establishing a vehicle in a permanent fleet is $5, plus the applicable prorated registration fee.

(e) Transfer of registration. The fee for transferring registration from one vehicle to another vehicle within a permanent fleet is $4. For the purpose of this section, a fleet is a group of 100 or more vehicles with the same registration expiration which are assigned to the same permanent fleet.

(f) Transfer fee. The fee for transferring a vehicle from one of the registrant’s fleets to another of the registrant’s fleets is $4. For the purpose of this section, a fleet is a group of 100 or more vehicles with the same registration expiration which are assigned to the same permanent fleet.

This section cited in 67 Pa. Code § 60.5 (relating to changes in permanent vehicle fleets).

History

• Authority: The provisions of this Chapter 60 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 60 adopted January 7, 1994, effective January 8, 1994, 24 Pa.

67 Pa. Code § 60.13 Refunds.

(a) A refund in the appropriate amount will be paid to the registrant for fees paid to the Bureau as a result of one or more of the following:

(1) A Bureau billing error.

(2) A duplicate payment of registration fees for the same vehicle.

(3) A request for deletion of a vehicle from an original or renewal application if the request is received by the Bureau on or before the first day of the registration year.

(b) A refund will not be issued on the unused portion of the paid registration fees.

History

• Authority: The provisions of this Chapter 60 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 60 adopted January 7, 1994, effective January 8, 1994, 24 Pa.

67 Pa. Code § 60.14 Inspection.

Vehicles registered under this chapter are exempt from the requirement that the periodic annual safety inspection of the vehicle, which is required under 75 Pa.C.S. § 4702 (relating to requirement for periodic inspection of vehicles), be coordinated with the vehicle registration expiration, under 75 Pa.C.S. § 1307 (relating to period of registration). The registrant may determine the inspection expiration date of individual vehicles within the fleet which are subject to annual safety inspection. The inspection expiration date selected may not exceed 12 months from the date of the previous inspection of the vehicle. Vehicles registered under this chapter shall comply with the emission inspection requirements of 75 Pa.C.S. § 4702.

History

• Authority: The provisions of this Chapter 60 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 60 adopted January 7, 1994, effective January 8, 1994, 24 Pa.

Chapter 65 Permit Agents

67 Pa. Code § 65.1 Purpose.

The purpose of this chapter is to establish rules governing the qualifications and duties of designated agents for the issuance of trip permits, hunter permits and telegrams of authority under Chapter 63 (relating to proportional registration of fleet vehicles).

The provisions of this § 65.1 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2131. Immediately preceding text appears at serial page (87699).

History

• Authority: The provisions of this Chapter 65 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 65 adopted April 29, 1983, effective April 30, 1983, 13 Pa.

67 Pa. Code § 65.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Agent—A person authorized by the Department to issue trip permits, hunter permits and telegrams of authority under this chapter. Applicant—A person who wants to purchase trip permits, hunter permits or telegrams of authority. Apportionable vehicle—Any vehicle except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, used or intended for use in two or more member jurisdictions that allocate or proportionally register vehicles and is used for the transportation of persons for hire or designed, used or maintained primarily for the transportation of property:

(i) Having a gross vehicle weight in excess of 26,000 pounds.

(ii) Having three or more axles, regardless of weight.

(iii) If used in combination, with a gross weight of such combination exceeding 26,000 pounds. Base jurisdiction—For purposes of fleet registration, the jurisdiction where the registrant has an established place of business, where mileage is accrued by the fleet and where operational records of such fleets are maintained or can be made available. Base plate—The registration plate issued by the base jurisdiction, identified by having the word ‘‘APPORTIONED’’ and the base jurisdiction’s name on the plate. Bilateral agreement—A registration reciprocity agreement between the Commonwealth and another jurisdiction providing the payment of registration fees on the basis of fleet miles operated in each jurisdiction. Bureau—The Bureau of Motor Vehicles of the Department. Cab card—A registration card issued by the base jurisdiction for a vehicle of an apportioned fleet containing the make and VIN of the vehicle, the base plate number, the jurisdictions in which the vehicle is registered, registered gross weight for each jurisdiction and any other information deemed necessary. Certificate of authorization—A certificate issued by the Bureau authorizing an agent to distribute trip permits, hunter permits or temporary registration authorization. Department—The Department of Transportation of the Commonwealth. Division—The Commercial Registration Division of the Bureau. Established place of business—A physical structure owned or leased by a fleet registrant designated by a street and number or road location, which is open during normal business hours and in which are located:

(i) A telephone publicly listed in the name of the fleet registrant.

(ii) A person conducting the fleet registrant’s business.

(iii) The operational records of the fleet unless the records can be made available. Hunter permit—A temporary vehicle registration permit to an owner-operator, not operating as a lessor, for the registered gross weight not exceeding the empty weight of the vehicle. Jurisdiction—A state of the United States, the District of Columbia or a province of Canada. Lease—A written document vesting exclusive possession and control of a vehicle owned by another under the terms of a lease agreement. Lessee—A person who has the legal possession and control of a vehicle owned by another under the terms of a lease agreement. Lessor—A person who, under the terms of a lease, grants the legal right of possession, control of, and responsibility for the operation of a vehicle to another person, firm or corporation. Motor carrier—A person engaged in the business of transporting goods or persons and having a fleet apportionately registered with the Commonwealth as the base jurisdiction. Person—A natural person, firm, partnership, association or corporation. Reciprocity—Exemption from further registration by any member jurisdiction of an apportionable vehicle properly registered under an agreement. Telegram of authority—A temporary registration transmitted by a wire service authorizing the operation of a Commonwealth based vehicle for 60 days while application for a change in fleet registration is being processed by the Bureau. Trip permit—A temporary permit issued by a jurisdiction in lieu of regular apportioned registration.

The provisions of this § 65.2 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2131; amended November 25, 2005, effective November 26, 2005, 35 Pa.B. 6436. Immediately preceding text appears at serial pages (254029) to (254031).

History

• Authority: The provisions of this Chapter 65 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 65 adopted April 29, 1983, effective April 30, 1983, 13 Pa.

67 Pa. Code § 65.3 Certificate of authorization.

(a) Application procedure. A person other than a motor carrier or State agency wishing to be authorized to sell trip permits, hunter permits or telegrams of authority shall make application for a certificate of authorization to the Bureau on a form provided by the Bureau.

(1) The application shall include:

(i) A letter of reference from a bank.

(ii) Three letters of reference from reputable business concerns.

(iii) A set of fingerprints of the applicant or of the principals of a partnership or corporation.

(iv) The prescribed annual fee for the principal place of business of the applicant and branch offices, if any.

(v) A listing of outstanding liabilities due and owing to the Commonwealth, if any.

(vi) The names and social security numbers of owners or officers of the permit service.

(vii) An indication of the type of permits or authorizations for which the agency application is being made.

(2) The Department may waive any of the requirements of paragraph (1) if the applicant has shown proven experience in this type of operation.

(b) Review of application. The Department will examine and determine the genuineness, regularity, and legality of every application for a certificate of authorization as a permit agent. The Department may cause an investigation of an applicant to be made with regard to any of the following:

(1) Condition of the applicant’s proposed business premises.

(2) Department of State records pertaining to the business.

(3) The criminal record of any owner, officer or agent.

(4) An unsatisfied judgement against the business, owner or officer.

(5) A credit rating of the business and its owner and officers.

(6) The status of the business with the Department of Revenue.

(7) Assets and liabilities of the business.

(c) Denial of application. The Department may deny an application for a certificate of authorization on the basis of information revealed in the investigation, or if the applicant fails to disclose material information required or has made a materially false statement on the application.

(d) Opportunity for review. If the Department denies an application for a certificate of authorization, the Department will provide the applicant with an opportunity to show cause why the application should not be denied.

(e) Temporary certificate of authorization. The Bureau may issue a temporary certificate of authorization for no more than 60 days, during which period the Bureau may investigate the operations of the agent. When the temporary certificate of authorization expires, the Bureau may issue a regular certificate of authorization.

(f) Issuance of certificate of authorization. The Bureau will issue a certificate of authorization to an approved permit agent on a calendar year basis. In no case will a certificate of authorization be issued for more than 12 months. Certificates of authorization will expire on December 31 of each calendar year. Each certificate of authorization will indicate the type of permit or telegram of authority which the agent may issue.

(g) Renewal of certificate of authorization. A certificate of authorization will be renewable annually on a form provided by the Bureau.

(h) Transfer of certificate of authorization. A certificate of authorization may not be transferred and will be valid only for the owner in whose name it is issued.

(1) In the case of any change of ownership, the certificate of authorization shall be returned to the Bureau.

(2) The following are regarded as changes of ownership:

(i) Whenever the owner takes a new partner.

(ii) Whenever the owner sells the business.

(iii) Incorporation of the business.

(iv) Sale of controlling interest in a corporation.

The provisions of this § 65.3 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2131. Immediately preceding text appears at serial pages (87701) to (87702).

History

• Authority: The provisions of this Chapter 65 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 65 adopted April 29, 1983, effective April 30, 1983, 13 Pa.

67 Pa. Code § 65.4 Motor carrier as a hunter permit agent.

A motor carrier wishing to be authorized to sell hunter permits shall make application to the Bureau on forms furnished by the Bureau. The application shall include the account number assigned by the Bureau to the applicant for apportioned registration of its fleet. The applicant must own a fleet of 5 or more vehicles to qualify.

The provisions of this § 65.4 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; corrected February 24, 1984, effective November 26, 1983, 14 Pa.B. 661; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2131. Immediately preceding text appears at serial pages (87702) to (87703).

History

• Authority: The provisions of this Chapter 65 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 65 adopted April 29, 1983, effective April 30, 1983, 13 Pa.

67 Pa. Code § 65.5 State agency as trip permit agent.

A State agency of another jurisdiction wishing to sell Pennsylvania trip permits shall make application to the Bureau on forms furnished by the Bureau.

The provisions of this § 65.5 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; corrected February 24, 1984, effective November 26, 1983, 14 Pa.B. 661; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2131. Immediately preceding text appears at serial page (87703).

History

• Authority: The provisions of this Chapter 65 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 65 adopted April 29, 1983, effective April 30, 1983, 13 Pa.

67 Pa. Code § 65.6 Distribution of permits and telegrams of authority.

(a) Issuance by agents. Permits and telegrams of authority shall be issued only by agents authorized by the Bureau.

(b) Trip and hunter permits. Every agent authorized to issue trip permits or hunter permits shall, upon request, issue a trip permit or hunter permit to the owner or lessee of a vehicle who has made proper application for the permit and has paid the required fees.

(1) The agent shall complete the permit in ink or with typewriter in triplicate, including all required information.

(2) The original copy of the permit shall be forwarded to the Bureau within 10 days.

(3) The applicant’s copy of the trip permit shall be given, wired or telecopied, to the applicant for possession by the driver of the vehicle whenever the vehicle is being driven on the highways of this Commonwealth.

(4) The triplicate or agent’s copy of the trip permits and copies of any related documents shall be retained at the agent’s place of business for at least 3 years for inspection by police or duly authorized representatives of the Department. Microfilming of records is acceptable.

(c) Telegrams of authority. Every agent authorized to issue telegrams of authority shall issue a telegram of authority in the format specified by the Bureau after receiving approval of the Division. Approval can be obtained by telephone or Telex.

(1) A copy of the telegram shall be forwarded to the Bureau within 10 days.

(2) A copy of the telegram shall be given to the applicant for possession by the driver of the vehicle whenever the vehicle is being operated.

(3) The agent’s copy of the telegrams of authority and copies of any related documents shall be retained at the agent’s place of business for at least 3 years for inspection by police and duly authorized representatives of the Department.

The provisions of this § 65.6 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2131. Immediately preceding text appears at serial pages (87703) to (87704).

History

• Authority: The provisions of this Chapter 65 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 65 adopted April 29, 1983, effective April 30, 1983, 13 Pa.

67 Pa. Code § 65.7 Duties of agents.

(a) Records. Every agent shall maintain a record of every trip permit, hunter permit and telegram of authority issued by the agent, which shall include the date and to whom issued, and the information pertinent to each permit.

(b) Communications equipment. Every agent wishing to issue telegrams of authority or trip permits by wire shall provide the Division with the necessary communications equipment, acceptable to the Division.

(c) Security of permits. Trip permits and hunter permits shall be kept in a secure place, such as locked cabinets which meet the approval of the Bureau. Agents are responsible for security of permits obtained by them until they are issued to applicants. The loss or theft of a permit shall be reported to the Division immediately upon discovery of the loss or theft.

(d) Return or surrender of permits. An agent who discontinues business or whose certificate of authorization to issue trip permits or hunter permits has been suspended by the Bureau shall immediately return trip permits and hunter permits to the Division.

The provisions of this § 65.7 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2131. Immediately preceding text appears at serial page (87704).

History

• Authority: The provisions of this Chapter 65 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 65 adopted April 29, 1983, effective April 30, 1983, 13 Pa.

67 Pa. Code § 65.8 Fees.

(a) General. The following applies to the payment of fees:

(1) The initial fee for processing a certificate of authorization to issue trip permits, hunter permits or telegrams of authority is $25.

(2) The annual fee for a certificate of authorization to issue trip permits, hunter permits or telegrams of authority is $50.

(3) The fee to an authorized permit agent for a trip permit is $15. Trip permits may be obtained by agents only in multiples of 25. Governmental agencies may obtain trip permits without prepayment of fees, in which case they shall remit the fee to the Bureau for each permit immediately upon issuance.

(4) The fee to an authorized permit agent for a hunter permit shall be $10. Hunter permits may be obtained by agents only in multiples of 10.

(5) The fee payable to the Department by a motor carrier to obtain a telegram of authority shall be $2. Agents shall remit the fees to the Bureau weekly, on the last day of each week.

(b) Form of remittance. The Department may require certified checks or money orders from an agent.

(c) Service charges by agents. No service charge imposed by an authorized agent for issuing trip permits, hunter permits or telegrams of authority may exceed $10.

(d) Refunds. A refund of the fee paid for unused prepaid trip permits and hunter permits may be made by the Department when an agent discontinues business or does not renew the certificate of authorization or when the certificate of authorization is indefinitely suspended, upon payment of a $10 processing fee.

The provisions of this § 65.8 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2131. Immediately preceding text appears at serial pages (87704) to (87705).

History

• Authority: The provisions of this Chapter 65 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 65 adopted April 29, 1983, effective April 30, 1983, 13 Pa.

67 Pa. Code § 65.9 Audits.

Every agent shall make available to designated audit representatives of the Bureau, records of issuance of trip permits, hunter permits and telegrams of authority upon request. If these records are not maintained in the Commonwealth, the agent will be charged for expenses incurred by the auditor.

The provisions of this § 65.9 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2131. Immediately preceding text appears at serial page (87705).

History

• Authority: The provisions of this Chapter 65 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 65 adopted April 29, 1983, effective April 30, 1983, 13 Pa.

67 Pa. Code § 65.10 Sanctions for violations by permit agents.

(a) Schedule. After providing an opportunity for a hearing, the Department may impose sanctions on an agent according to the following schedule of violations by the agent when the Department finds upon sufficient evidence that the following have occurred.

(b) Second and subsequent violations. Second violations are determined on the basis of a previous violation of the same nature committed within a 3-year period. Third or subsequent violations are determined on the basis of two or more previous violations of the same nature committed within a 3-year period.

(c) Multiple violations. In the case of multiple violations considered at one time, the Department may impose separate sanctions for each violation under the schedule in subsection (a). The Department may direct that a suspension imposed be served concurrently or consecutively.

(d) Responsibility for acts of employes. In determining whether an agent is responsible for a violation of subsection (a)(6) or (7), the Department hearing examiner will consider whether one or more employes of the agent may have committed the violation without the knowledge or approval of the agent. If the hearing examiner determined that the violation occurred without the knowledge or approval of the agent, the Director of the Bureau may impose a lesser sanction than set forth in subsection (a).

(e) Mitigation. If, upon evidence submitted at the hearing, it is found that a violation occurred under mitigating circumstances, the Director of the Bureau may impose a lesser sanction than that set forth in subsection (a).

(f) Revocation. Upon revocation of an agent’s certification of authorization, the agent will be debarred from applying for a new certificate of authorization for 1 year.

The provisions of this § 65.10 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; corrected February 24, 1984, effective November 26, 1983, 14 Pa.B. 661; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2131. Immediately preceding text appears at serial pages (87705) to (87706) and (95335).

History

• Authority: The provisions of this Chapter 65 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 65 adopted April 29, 1983, effective April 30, 1983, 13 Pa.

Chapter 67 Antique and Classic Vehicles

67 Pa. Code § 67.1 Purpose.

This chapter establishes procedures governing the issuance and use of antique and classic registration plates and facilitates the enforcement of section 1340 of the act (relating to antique and classic plates).

History

• Authority: The provisions of this Chapter 67 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 67 adopted November 9, 1984, effective November 10, 1984, 14 Pa.

67 Pa. Code § 67.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—75 Pa.C.S. § § 101—9910 (relating to the Vehicle Code). Antique motor vehicle—A motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year, which has been maintained in or restored to a condition which is substantially in conformance with manufacturer specifications. Classic motor vehicle—A self-propelled vehicle, but not a reproduction thereof, manufactured more than 10 years prior to the current year and because of discontinued production and limited availability, determined by the Department to be a model or make of significant value to collectors or exhibitors, and which has been maintained in or restored to a condition which is substantially in conformance with manufacturer specifications and appearance. Department—The Department of Transportation of the Commonwealth.

History

• Authority: The provisions of this Chapter 67 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 67 adopted November 9, 1984, effective November 10, 1984, 14 Pa.

67 Pa. Code § 67.3 Application for antique or classic registration plates.

(a) Application. Application for antique or classic registration plates shall be made on forms issued by the Department.

(b) Supplemental documents. The application shall be accompanied by four color photographs—front, rear and both sides—of the vehicle for which the application is being submitted. The photographs shall be clear and the condition of the vehicle easily ascertainable from them. The photographs shall be submitted in accordance with instructions provided by the Department.

(c) Additional information required for classic vehicles. If a vehicle is to be registered as a classic, the applicant may be required to provide the Department with documentation that one or more of the following conditions has been met:

(1) The production of the particular make or model has been discontinued.

(2) The vehicle was manufactured as a limited edition or is otherwise of limited availability.

(3) The vehicle is of a model or make that is of significant value to collectors or exhibitors.

(4) The vehicle is substantially in conformance with manufacturer specifications and appearance so as to qualify for participation in organized club activities, exhibits, tours and parades.

(d) Other means of transportation. An applicant for antique or classic registration shall maintain regular registration on another motor vehicle for personal transportation. If the registration is not maintained the applicant shall sign an affidavit indicating the type of transportation that he uses on a regular basis.

History

• Authority: The provisions of this Chapter 67 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 67 adopted November 9, 1984, effective November 10, 1984, 14 Pa.

67 Pa. Code § 67.4 Change from classic to antique registration.

When a registered classic vehicle becomes of age to qualify for antique registration, the owner may apply for an antique registration plate by submitting the appropriate Departmental form and the registration fee.

History

• Authority: The provisions of this Chapter 67 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 67 adopted November 9, 1984, effective November 10, 1984, 14 Pa.

67 Pa. Code § 67.5 Fee exemptions not applicable.

Exemptions under section 1901 of the act (relating to exemption of entities and vehicles from fees) do not apply to antique and classic vehicle registration fees.

History

• Authority: The provisions of this Chapter 67 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 67 adopted November 9, 1984, effective November 10, 1984, 14 Pa.

67 Pa. Code § 67.6 Use of antique and classic registration plates.

No person may operate a vehicle with antique or classic registration plates for commercial purposes or for general daily transportation. Permitted use is limited to participation in club activities, exhibits, tours, parades and similar uses, and for occasional transportation. Occasional transportation means no more than 1 day a week.

History

• Authority: The provisions of this Chapter 67 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 67 adopted November 9, 1984, effective November 10, 1984, 14 Pa.

67 Pa. Code § 67.7 Expiration and transfer of antique and classic registration plates.

(a) Registration period. Both antique and classic registration plates are valid for the life of the vehicle as long as owned by the same owner. If the owner sells the vehicle, the plates remain with the owner and may be used on another qualified vehicle, upon payment of proper registration and title fees.

(b) Conveyance of registration plate. The seller of a registered antique or classic vehicle may authorize the buyer to use the same plate. The buyer shall forward the seller’s letter authorizing the use of the plate to the Bureau of Motor Vehicles, along with other appropriate documents and fees when applying for title and registration of the vehicle. The buyer shall pay the full registration fee to have the plate and vehicle registered to the buyer. If ownership is transferred between spouses, or between parent and child, the plate may be transferred upon payment of the registration transfer fee. No additional antique or classic registration fee may be paid.

History

• Authority: The provisions of this Chapter 67 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 67 adopted November 9, 1984, effective November 10, 1984, 14 Pa.

67 Pa. Code § 67.8 Sanctions.

(a) Suspension and revocation. The Department may, after providing the opportunity for a hearing, suspend the classic or antique motor vehicle registration of a person who violates this chapter for a period of 1 month for a first violation and for a period of 3 months for a second or subsequent violation. The Department may revoke a classic or antique motor vehicle registration after providing the opportunity for a hearing when the Department finds, upon sufficient evidence, that the vehicle no longer qualifies for registration as a classic or antique motor vehicle.

(b) Return of classic or antique registration cards and plates upon suspension or revocation. Suspensions and revocations shall take effect on the date ordered by the Department. Upon suspension or revocation of antique or classic registration, the registrant shall return his registration plate to the Department immediately, as required by section 1376 of the act (relating to surrender of registration plates and cards upon suspension). No refund will be given and no credit will be earned toward a registration plate subsequently issued for the vehicle.

History

• Authority: The provisions of this Chapter 67 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 67 adopted November 9, 1984, effective November 10, 1984, 14 Pa.

67 Pa. Code § 67.9 Duty to return cards and plates.

The registrant shall return to the Department the classic or antique registration cards and plate if the vehicle no longer qualifies under this chapter because it has been modified or it has not been properly maintained.

History

• Authority: The provisions of this Chapter 67 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 67 adopted November 9, 1984, effective November 10, 1984, 14 Pa.

Chapter 69 Temporary Weight Increase Registration Permits

67 Pa. Code § 69.1 Purpose.

This chapter establishes rules governing the issuance of temporary weight increase registration permits by decentralized service agents and fleet owners to further implement 75 Pa.C.S. § 1310 (relating to temporary registration cards).

History

• Authority: The provisions of this Chapter 69 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 69 adopted June 24, 1988, effective June 25, 1988, 18 Pa.

67 Pa. Code § 69.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Applicant—A person, as defined in 75 Pa.C.S. § 102 (relating to definitions), who applies for increase of the registered gross weight or registered combination gross weight of a vehicle. Bureau—The Bureau of Motor Vehicles of the Department. Decentralized service agent—A messenger service, which is also authorized to issue on behalf of the Department to qualified applicants, temporary learner’s permits, vehicle registration renewals, driver’s license renewals and the like under Chapter 255 (relating to messenger services). Department—The Department of Transportation of the Commonwealth. Fleet owner—A person, Federal, State or local government agency or authority owning or leasing 15 or more vehicles and providing servicing or repair of the vehicles. Temporary weight increase registration permit—A form provided by the Department for issuance to an applicant for increasing the registered gross weight or registered combination gross weight of a vehicle until the receipt of the regular registration card from the Department. Temporary weight increase registration permit agent or agent—A fleet owner or a messenger service which is authorized as a decentralized service agent under Chapter 255.

History

• Authority: The provisions of this Chapter 69 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 69 adopted June 24, 1988, effective June 25, 1988, 18 Pa.

67 Pa. Code § 69.3 Issuance of temporary weight increase registration permits.

(a) General rule. A temporary weight increase registration permit will be issued in the following manner:

(1) A permit will be issued only by the Bureau or by agents authorized by the Bureau.

(2) A permit will be issued only for vehicles currently registered in this Commonwealth.

(3) A permit shall be issued by a fleet owner only for vehicles registered in the fleet owner’s name.

(4) A permit shall be issued in accordance with instructions contained on the application, and may not be issued for gross weights in excess of that authorized by statute.

(b) Obtaining temporary weight increase registration permits. An agent may obtain temporary weight increase registration permits at offices of the Bureau in lots of ten by submitting the proper forms and paying $2 per permit to the Bureau.

(c) Duty to examine documents. The duty to examine documents includes the following:

(1) Before issuing a temporary weight increase registration permit, the agent shall examine the documents and data necessary to the weight increase transaction and the current registration card.

(2) No temporary weight increase registration permit will be issued unless the following items are found to be in order:

(i) The application shall be properly executed, as required, accompanied by the correct fees, taxes and other required forms or documents.

(ii) The registration card shall be valid with current registered gross weight or registered combination gross weight indicated.

(d) Preparation of application. The agent shall complete in ink or with typewriter the application for registered weight increase. The application shall list the name and identification number of the agent.

(e) Copies of temporary weight increase registration permits. Copies of the temporary weight increase registration permits shall be handled as follows:

(1) The original copy of the temporary weight increase registration permit and the documents and fees necessary to the transaction shall be forwarded by the agent to the Bureau within 5 days.

(2) The applicant’s copy of the temporary weight increase registration permit shall be given to the applicant, for possession by the driver of the vehicle when the vehicle is being driven on the highway under the permit.

(3) The agent’s copy of the temporary weight increase registration permit and copies of related documents shall be retained at the place of business of the agent for at least 3 years for inspection only by police and authorized representatives of the Department. Permit records shall be kept in sequential order according to permit number.

(f) No fee to be charged. No agent may charge a fee for issuing a temporary weight increase registration permit except that a fee for messenger service and the cost to the agent for the permit form may be charged the applicant.

(g) Issuance order. Temporary weight increase registration permits shall be issued in consecutive order, beginning with the lowest number in a set.

(h) Expiration of temporary weight increase registration permits. A temporary weight increase registration permit expires and becomes void upon the occurrence of one of the following:

(1) Receipt of the regular registration card from the Bureau.

(2) Expiration of 30 days from the date of issuance.

This section cited in 67 Pa. Code § 69.7 (relating to use of temporary weight increase permit).

History

• Authority: The provisions of this Chapter 69 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 69 adopted June 24, 1988, effective June 25, 1988, 18 Pa.

67 Pa. Code § 69.4 Inventory of temporary weight increase registration permits.

(a) Inventory report. An agent shall provide the Bureau with a report on the temporary weight increase registration permits which it has in inventory, within 30 days of the Bureau’s request for information.

(b) Security. A temporary weight increase registration permit shall be kept in a secure place, such as a locked file cabinet, which meets the approval of the Bureau. An agent is responsible for security of temporary weight increase registration permits obtained by the agent until the permits are issued to applicants.

(c) Report on lost or stolen permits. If a permit is lost or stolen, the agent shall notify the Department of the loss or theft within 48 hours of the agent’s discovery of the loss or theft.

This section cited in 67 Pa. Code § 69.6 (relating to prohibited acts).

History

• Authority: The provisions of this Chapter 69 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 69 adopted June 24, 1988, effective June 25, 1988, 18 Pa.

67 Pa. Code § 69.5 Return or surrender of temporary weight increase registration permits.

(a) Discontinued business. An agent who discontinues its business shall immediately return to the Department the temporary weight increase registration permits in the agent’s possession. The Bureau will make appropriate refunds under subsection (c).

(b) Revocation. An agent, whose right to issue temporary weight increase registration permits has been revoked, shall arrange with the Department to surrender the permits in the agent’s possession at the agent’s established place of business to an authorized representative of the Department.

(c) Refunds. A refund of the fee paid by an agent for temporary weight increase registration permits may be obtained upon the return of the permits by the agent, except when the permit is being returned by an agent whose authorization has been revoked. The Bureau will deduct $10 from the refund amount due to cover processing of the request for refund.

History

• Authority: The provisions of this Chapter 69 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 69 adopted June 24, 1988, effective June 25, 1988, 18 Pa.

67 Pa. Code § 69.6 Prohibited acts.

After providing an opportunity for a hearing, the Bureau may revoke the authorization of an agent to issue temporary weight increase permits or warn an agent under the following schedule of violations, if the Bureau finds upon sufficient evidence that:

History

• Authority: The provisions of this Chapter 69 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 69 adopted June 24, 1988, effective June 25, 1988, 18 Pa.

67 Pa. Code § 69.7 Use of temporary weight increase permit.

(a) Applicability. This section applies to the use of a temporary weight increase permit by the applicant.

(b) Temporary permit nontransferable. Temporary weight increase registration permits may not be transferred from one vehicle to another. If an applicant purchases another vehicle before receiving the regular registration card from the Bureau, the applicant shall wait until receipt of the regular registration card and then transfer the registration plate in the usual manner.

(c) Prosecution. A person who operates a vehicle with a temporary weight increase registration permit in violation of § 69.3(h) (relating to issuance of temporary weight increase registration permits) shall be subject to prosecution consistent with 75 Pa.C.S. Chapter 49 (relating to size, weight and load).

The provisions of this § 69.7 corrected July 1, 1988, effective June 25, 1988, 18 Pa.B. 2904.

History

• Authority: The provisions of this Chapter 69 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 69 adopted June 24, 1988, effective June 25, 1988, 18 Pa.

Chapter 71 School Bus Drivers

67 Pa. Code § 71.1 Scope and application.

This chapter applies to the course of instruction and physical examination for school bus drivers required by 75 Pa.C.S. § 1509 (relating to qualifications for school bus driver endorsement).

The provisions of this § 71.1 adopted September 23, 1977, effective September 24, 1977, 7 Pa.B. 2702; amended May 10, 1985, effective May 11, 1985, 15 Pa.B. 1750; readopted May 11, 1990, effective immediately and apply retroactively to May 11, 1990, 20 Pa.B. 2524; amended November 26, 2003, effective November 29, 2003, 33 Pa.B. 5817. Immediately preceding text appears at serial page (240818).

History

• Authority: The provisions of this Chapter 71 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 71 adopted September 23, 1977, effective September 24, 1977, 7 Pa.

67 Pa. Code § 71.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: CRNP—Certified registered nurse practitioner—A registered nurse licensed in this Commonwealth who is certified by the State Board of Nursing in a particular clinical specialty area and who, while functioning in the expanded role as a professional nurse, performs acts of medical diagnosis or prescription of medical therapeutic or corrective measures in collaboration with and under the direction of a physician licensed to practice medicine in this Commonwealth. Chiropractor—A practitioner of chiropractic as defined in 75 Pa.C.S. § 1508.1(b) (relating to physical examinations). Department—The Department of Transportation of the Commonwealth. Driver’s examination—An examination to establish the ability of a person to drive, maneuver and control a school bus with safety and knowledge of the laws and regulations relating to the operation of school buses. HbA1C test—A Hemoglobin A1C test monitors the long-term control of diabetes mellitus. Health care provider—A licensed physician, a CRNP, a physician assistant or a licensed psychologist, as described in 75 Pa.C.S. § 1519 (relating to determination of incompetency). Hyperglycemia—When the level of glucose (sugar) in the blood is too high based on current guidelines established by the American Diabetes Association. Hypoglycemic reactions—Different degrees of hypoglycemia which are classified as follows: Mild—Hypoglycemia that signals a blood glucose drop, which the individual can self-correct with oral carbohydrates. Severe—Hypoglycemia that requires outside intervention or assistance of others or that produces confusion, loss of attention or a loss of consciousness. Physical examination—An examination, including an eye examination, given to determine the physical and mental fitness of a person to drive a school bus safely. Physician—A licensed physician as defined in § 83.2 (relating to definitions). Physician assistant—A person certified by the State Board of Medicine to assist a physician or group of physicians in the provision of medical care and services and under the supervision and direction of the physician or group of physicians. Pupil Transportation Section—The Pupil Transportation Section of the Bureau of Driver Licensing of the Department. S endorsement—An endorsement which is added to a commercial driver’s license and which authorizes the driver to operate a school bus. School bus driver—A person who drives a school bus as defined in 75 Pa.C.S. § 102 (relating to definitions) or Chapter 171 (relating to school buses and school vehicles) except an owner or employee of an official inspection station driving the vehicle for the purpose of inspection. School transportation medical practitioner—A licensed physician, physician assistant, certified registered nurse practitioner or chiropractor appointed or approved by a school board, or by the authorities responsible for operation of a private or parochial school. The same person may be appointed or approved as both school transportation medical practitioner and school medical practitioner. Symptomatic hyperglycemia—High glucose levels in the blood that have caused a loss of consciousness or an altered state of perception, including, but not limited to, decreased reaction time, impaired vision or hearing, or both, or confusion. Type I Diabetes mellitus—A chronic disease caused by the pancreas producing too little insulin to regulate blood sugar levels. Type II Diabetes mellitus—A chronic disease marked by high levels of sugar in the blood caused by the body failing to respond correctly to natural insulin.

The provisions of this § 71.2 amended under the Vehicle Code, 75 Pa.C.S. § § 1504(c), 1508, 1508.1, 1509 and 6103.

The provisions of this § 71.2 adopted September 23, 1977, effective September 24, 1977, 7 Pa.B. 2702; amended August 10, 1979, effective August 11, 1979, 9 Pa.B. 2638; amended May 10, 1985, effective May 11, 1985, 15 Pa.B. 1750; readopted May 11, 1990, effective immediately and apply retroactively to May 11, 1990, 20 Pa.B. 2524; amended January 13, 1995, effective January 14, 1995, 25 Pa.B. 160; amended January 23, 1998, effective January 24, 1998, 28 Pa.B. 364; amended August 24, 2007, effective August 25, 2007, 37 Pa.B. 4621; amended October 8, 2010, effective October 9, 2010, 40 Pa.B. 5809. Immediately preceding text appears at serial pages (349366) to (329367).

History

• Authority: The provisions of this Chapter 71 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 71 adopted September 23, 1977, effective September 24, 1977, 7 Pa.

67 Pa. Code § 71.3 Physical examination.

(a) General rule. A physical examination shall be given by a school transportation medical practitioner, a physician, a chiropractor, a CRNP or a physician assistant:

(1) To every applicant for an S endorsement.

(2) Annually, to every holder of an S endorsement.

(b) Requirements of physical examination. A person is physically qualified to drive a school bus if the person:

(1) Meets the following visual requirements:

(i) Has distant visual acuity of at least 20/40 in the better eye without corrective lenses or visual acuity corrected to 20/40 or better.

(ii) Has at least 20/50 in the poorer eye without corrective lenses or visual acuity corrected to 20/50 or better.

(iii) Has distant binocular acuity of at least 20/40 in both eyes with or without corrective lenses.

(iv) Has a combined field of vision of at least 160° in the horizontal meridian, excepting the normal blind spots.

(v) Has the ability to determine the colors used in traffic signals and devices showing standard red, green, or amber.

(2) Has no loss of a foot, a leg, a hand, or an arm; or has been granted a waiver by the Department after competency has been demonstrated through a driving examination administered in accordance with § 71.4(b)(2) (ii) and (iii) (relating to driver’s examination).

(3) Has no impairment of:

(i) A hand or finger likely to impair prehension or power grasping, or has been granted a waiver by the Department after competency has been demonstrated through a driving examination administered in accordance with § 71.4(b)(2)(ii) and (iii).

(ii) One of the following:

(A) An arm, foot, or leg likely to impair the ability to perform normal tasks associated with driving a school bus.

(B) Another significant limb defect or limitation likely to impair the ability to perform normal tasks associated with driving a school bus.

(C) Has been granted a waiver by the Department after competency has been demonstrated through a driving examination.

(4) Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring use of insulin or other hypoglycemic medication.

(i) A waiver may be granted to an individual requiring the use of diabetic medications provided the individual meets all of the following:

(A) The individual’s health care provider verifies in writing that there has been no incident of a severe hypoglycemic reaction or symptomatic hyperglycemia and the individual has been free from insulin reaction resulting in loss of consciousness, attention or awareness or the requirement of assistance from another person, for the preceding 12 months.

(B) The driver submits to a diabetic examination every 6 months, and submits the results of the examination and the results of an HbA1C test on a form provided by the Department. The healthcare provider reviewing the diabetic examination shall be familiar with the individual’s past diabetic history for 24 months or have access to that history and certify that the individual is under good diabetic control.

(I) An individual who has had two consecutive HbA1C test results of greater than 8% as required in this clause shall undergo additional diabetic examinations every 3 months. The health care provider shall review the self monitoring blood glucose logs and report the highest and lowest blood glucose levels for that 3-month period and certify that the observed blood glucose levels are not suggestive of hypoglycemic or hyperglycemic driving impairment on a form provided by the Department.

(II) Once the results of two consecutive HbA1C tests required in this clause are 8% or less, the individual may discontinue the additional examinations and reporting required in subclause (I).

(C) The driver submits to an annual dilated eye examination and submits the results of the examination on a form provided by the Department.

(D) Individuals, upon hire to drive a school bus, shall manage their diabetes by complying with the following requirements:

(I) Self-monitor blood glucose 1 hour before driving, and at least every 4 hours while driving or while otherwise on duty, by using a portable blood glucose monitoring device with a computerized memory. If blood glucose is below 80 mg/dL or above 350 mg/dL the individual may not drive until appropriate measures are taken and the individual retests within this acceptable range.

(II) Submit the computerized glucometer results of blood glucose self-monitoring for review by the treating health care provider or a school transportation medical practitioner. The results shall also be submitted to the health care provider conducting the diabetic examination required by clause (B).

(III) Maintaining a manual blood glucose monitoring log and submitting it, together with the glucose monitoring device’s computerized log, every 6 months to the health care provider conducting the 6-month diabetic examination.

(IV) Carrying a source of rapidly absorbable glucose at all times while driving a school bus.

(ii) Notwithstanding the provisions in subparagraph (i), a waiver may be granted to an individual who has recently suffered from a severe hypoglycemic reaction or symptomatic hyperglycemia as long as the individual has been free from severe hypoglycemic reactions or symptomatic hyperglycemia for the preceding 12 months and the subsequent severe hypoglycemic reaction or symptomatic hyperglycemia occurred while the individual was under the care of a treating health care provider, during or concurrent with a nonrecurring transient illness, toxic ingestion or metabolic imbalance. This waiver will only be granted if the treating physician submits written certification indicating it is a temporary condition or isolated incident not likely to recur.

(iii) A reviewing health care provider finding that the individual previously qualified for a waiver is not complying with the requirements in subsection (b)(4)(i), or is otherwise no longer qualified for the waiver shall promptly report these findings to the Department and the waiver will be rescinded.

(iv) If the individual requiring the use of oral hypoglycemic medication or insulin does not qualify for a waiver, that individual may request an independent review of the individual’s medical records. The review will be conducted by a member of the Medical Advisory Board or by another physician designated by the Department.

(v) Submissions to the Department by physicians or other health care providers, including physician verifications and the results of diabetic examinations, shall be made on forms provided by the Department.

(5) Has no established medical history or clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency or pacemaker insertion.

(i) Waivers may be granted to those individuals with a history of coronary artery disease, previous myocardial infarction, congenital heart defects, cardiomyopathy, pericarditis, myocarditis, chronic atrial flutter/fibrillation or valvular heart disease, and individuals who have undergone corrective surgery for congenital heart defects, coronary angioplasty, valve repair/replacement, coronary artery bypass graft surgery, or ablative surgery for paroxysmal supraventricular arrhythmias, if the individual annually meets these criteria:

(A) The individual is asymptomatic from the disorder or is receiving medication used to treat the disorder and is asymptomatic on medication.

(B) The individual completes seven Mets (metabolic equivalents) on a treadmill stress EKG (electrocardiogram) test preferably following the Bruce or Balke Protocols and achieves 85% of the predicted maximal heart rate without symptoms or EKG changes. If the resting EKG is abnormal, or the individual is on digoxin, then a stress thallium test should be performed.

(C) An echo, gated blood pool scan or left ventriculogram performed on the individual measures a left ventricular ejection fraction of 40% or greater.

(ii) In the case of a permanent pacemaker insertion, the individual shall be 2 months post insertion, asymptomatic and demonstrate that he is undergoing regular pacemaker follow up.

(iii) In the case of chronic atrial flutter/fibrillation, the individual shall be on anticoagulant therapy with aspirin or Coumadin and demonstrate adequate rate control when exercising on a treadmill as listed in subparagraph (i)(B).

(iv) Waivers may not be granted to individuals:

(A) Diagnosed with symptomatic coronary artery disease (angina), cardiomyopathy, pericarditis, myocarditis, congenital or valvular heart disease.

(B) Within 2 months of a myocardial infarction, open heart surgery or pacemaker insertion.

(C) Implanted with an automatic cardioverter/defibrillators or antitachycardic device.

(D) With any history of ventricular tachycardia (excluding couplets and triplets), ventricular fibrillation or sudden cardiac death with successful resuscitation.

(E) With any history of paroxysmal supraventricular tachycardia.

(F) With any history of carotid sinus hypersensitivity, sick sinus syndrome, second degree heart block or third degree heart block unless a pacemaker has been inserted.

(6) Has no established medical history or clinical diagnosis of other cardiovascular disease resulting in syncope, dyspnea, loss or impairment of consciousness, collapse, or congestive cardiac failure.

(7) Has no current clinical diagnosis of hypertension resulting in syncope, dyspnea, loss or impairment of consciousness, collapse, or congestive cardiac failure.

(8) Has no established medical history or clinical diagnosis of a respiratory dysfunction likely to impair the ability to drive a school bus safely.

(9) Has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease likely to impair the ability to drive a school bus safely.

(10) Has no established medical history or clinical diagnosis of seizure disorders or another condition likely to cause loss or impairment of consciousness or loss of ability to drive a school bus safely.

(i) A waiver may be granted to these persons provided:

(A) There has been no more than a single, nonrecurring episode of altered consciousness or loss of bodily control, occurring at least 2 years preceding application, which did not require treatment.

(B) A seizure disorder has been diagnosed, but the person has been episode-free for at least 5 years preceding application and has not required treatment for at least 5 years preceding application.

(11) Has no mental, emotional or psychiatric disorder whether functional or organic which may be manifested in a condition likely to impair the ability to drive a school bus safely, such as inattentiveness, despondency, aggressiveness, or lack of concern for the safety of self or others.

(12) Has no hearing loss greater than 40 decibels in the better ear, without a hearing aid, at frequencies of 500, 1,000, and 2,000 Hz. (Reference American National Standards Institute (ANSI) 1969 for earphones: Dirks and others, Journal of Speech and Hearing Disorders, J.S.H.D. Vol. 44, 2/79, 34-54- in a sound field for warble tones). A person who is required to wear a hearing aid to meet the standards of this paragraph shall be tested by an audiologist or a licensed physician—M.D. or D.O.—who specializes in the treatment of otolaryngology. An audiologist is an individual who has a certificate of clinical competence in audiology awarded by the American Speech, Language and Hearing Association or is licensed as an audiologist under the Speech-Language and Hearing Licensure Act (63 P. S. § § 1701—1719). The individual who performs the test shall certify that the person has passed the test. A person who requires a hearing aid to meet the requirements of this paragraph shall also:

(i) Have a speech reception threshold of 40 decibels H. L. or better in the better ear with a hearing aid, as tested with speech presented in monaural direct mode—45° Azimuth to the right ear or 315° Azimuth to the left ear; reference 0 decibels H. L.=13 decibels S.P.L. for sound field speaker.

(ii) Achieve a score of 60% or better in a speech discrimination test of phonetically balanced words. Presented at 50 decibels H. L. + 12 decibels S/N—Average sound levels plus background noise. The tested shall use:

(A) C.I.D. W-22 word lists.

(B) Masking noise consisting of speech spectrum noise or white noise, which shall be presented in monaural indirect mode—45° Azimuth for left ear and 315° Azimuth for right ear.

(iii) Wear the aid and keep it operational at all times when driving the school bus.

(iv) Keep a good spare battery source on their person whenever driving the school bus.

(v) Present, at the time of the hearing test, an electroacoustic analysis test report of the hearing aid which indicates that the aid meets manufacturer’s specifications.

(13) Does not abuse alcohol or another drug or substance known to impair skill or functions which may be manifested in a condition such as inattentiveness, despondency, aggressiveness or lack of concern for the safety of self or others.

(14) Has no type of tuberculosis in a transmittable stage and has taken the tuberculin test every 2 years as required by section 1418(b) of the Public School Code (24 P. S. § 14-1418(b)).

(15) Has no other condition which in the opinion of the examining physician is likely to impair the ability to drive a school bus safely.

(c) Physical examination certificate. The examining school transportation medical practitioner, physician, chiropractor, CRNP or physician assistant shall issue a certificate, valid for the ensuing year, to every driver who passes a physical examination.

(1) A certificate shall become void if a condition occurs which would have disqualified the driver at the time of the examination.

(2) A school bus driver whose certificate becomes void may request a re-examination.

(3) The original of the physical examination form or a copy or photocopy executed by the doctor and driver shall be forwarded to the Pupil Transportation Section.

(d) Additional requirements. Every school bus driver shall:

(1) Comply with local school district policies regarding communicable diseases and 28 Pa. Code Chapter 27 (relating to communicable and noncommunicable diseases).

(2) Consume no alcoholic beverage or controlled substance within 8 hours in advance of and while driving a school bus.

(e) Application for waiver. Application for waiver under this section may be obtained from the Department at the time of application for a school bus driver endorsement or thereafter.

The provisions of this § 71.3 amended under the Vehicle Code, 75 Pa.C.S. § § 1504(c), 1508, 1508.1, 1509 and 6103.

The provisions of this § 71.3 adopted September 23, 1977, effective September 24, 1977, 7 Pa.B. 2702; amended April 11, 1980, effective April 12, 1980, 10 Pa.B. 1542; amended May 24, 1985, effective May 11, 1985, provided that subsection (b)(12) shall possess a sunset of 3 years after the date of adoption, 15 Pa.B. 1918; subsection (b)(12) readopted May 20, 1988, effective May 11, 1988, 18 Pa.B. 2301; readopted May 11, 1990, effective immediately and apply retroactively to May 11, 1990, 20 Pa.B. 2524; amended January 13, 1995, effective January 14, 1995, 25 Pa.B. 160; amended January 23, 1998, effective January 24, 1998, 28 Pa.B. 364; amended November 26, 2003, effective November 29, 2003, 33 Pa.B. 5817; amended August 24, 2007, effective August 25, 2007, 37 Pa.B. 4621; amended October 8, 2010, effective October 9, 2010, 40 Pa.B. 5809. Immediately preceding text appears at serial pages (329367) to (329372) and (337685) to (337686).

The existence of the medical condition of epilepsy is not controlling; the determinative factor is whether the medical condition affects an individual’s ability to drive a school bus. Department of Transportation v. Chalfant, 565 A.2d 1252 (Pa. Cmwlth. 1989).

Bus driver whose license was revoked because she was diabetic, even though diabetes had been under control for years, could assert rights under the Rehabilitation Act of 1973 (29 U.S.C.A. § 794), and administration of blood sugar level test prior to each bus trip wasn’t undue burden on employer. Department of Transportation v. Tinsley, 564 A.2d 286 (Pa. Cmwlth. 1989); appeal denied 575 A.2d 570 (Pa. 1990).

The affirmative defense of section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794) to challenge the recall of licenses is allowed and drivers may present evidence that current heart or epileptic conditions do not pose an appreciable risk. Department of Transportation v. Brown, 558 A.2d 121 (Pa. Cmwlth. 1989); vacated and remanded 620 A.2d 1139 (Pa. 1993); affirmed 630 A.2d 927 (Pa. 1993); affirmed 684 A.2d 1060 (Pa. 1996).

Once a licensee presents a prima facie case of discrimination by handicap under section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794), the licensee is entitled to proof by the Department that he is not otherwise qualified. In re Stober, 524 A.2d 535 (Pa. Cmwlth. 1987), affirmed on reargument, 546 A.2d 155 (Pa. Cmwlth. 1988).

Department of Transportation could recall a school bus driver’s class 4 license on the grounds that he had a history of myocardial infarction and coronary arterial disease. Department of Transportation v. Spagenberg, 519 A.2d 1118 (Pa. Cmwlth. 1987).

Although bus driver never suffered a heart attack, his ‘‘technical history of heart problems’’ and by-pass surgery evidenced a ‘‘history of coronary insufficiency’’ which is a valid basis for recall of bus driving privileges under 67 Pa. Code § 71.3. Department of Transportation v. Walko, 510 A.2d 398 (Pa. Cmwlth. 1986).

Regulation at 67 Pa. Code § 71.3(b)(5) [changed to (b)(12)] prohibiting licensure of school bus drivers with hearing loss greater than 25 decibels, does not discriminate against the hearing impaired since there is a rational relationship to safety goals, it does not violate substantive due process, and it constitutes an appropriate job qualification. Giampa v. Commonwealth, 492 A.2d 504 (Pa. Cmwlth. 1985).

Although school bus operator is currently physically competent, the fact that he underwent heart surgery to correct a 95 percent blockage in a coronary artery presupposes a medical history of coronary insufficiency, thus disqualifying him as an operator under 67 Pa. Code § 71.3 (b)(3)(ii) [changed to (b)(5)]. Department of Transportation v. Miller, 492 A.2d 121 (Pa. Cmwlth. 1985).

Previous decision at 84 Pa. Cmwlth. 26, 478 A.2d 521 (1984) vacated. Subsection (b) is not arbitrary or capricious and provides a valid basis for recall of the license of a school bus driver who is in currently good physical condition but has a history of heart attack. Department of Transportation v. Johnson, 489 A.2d 960 (Pa. Cmwlth. 1985); 478 A.2d 521 (1984).

Panel opinion, 84 Pa. Cmwlth. 26, 478 A.2d 521, vacated. Person without any current impairment may be denied school bus driving privileges solely on basis of history of heart attack. 67 Pa. Code § 71.3 is reasonable, and hence valid under substantive due process tests. Department of Transportation v. Johnson, 489 A.2d 960 (Pa. Cmwlth. 1985).

Because the history of a disorder is not synonymous with the current existence of a disorder, the court held that the Department’s application of subsection (b) was unlawful where the petitioner was determined to be physically unqualified solely on the basis of his ‘‘established medical history’’ of a myocardial infarction. Department of Transportation v. Johnson, 478 A.2d 521 (Pa. Cmwlth. 1984). Reargument granted.

In vacating and remanding the District Court’s decision suspending plaintiff’s Class 4 driver’s license under subsection (b)(5), for wearing an eyeglass type of hearing aid the Court noted that the Department allows the granting of school bus driver’s licenses to individuals who must wear eyeglasses in order to meet Department vision standards, under subsection (b)(1)(i). Strathie v. Department of Transportation, 716 F.2d 227 (3d Cir. 1983).

In vacating and remanding the District Court’s decision suspending plaintiff’s Class 4 driver’s license under subsection (b)(5), the Court ruled that there was no factual basis in the record reasonably demonstrating that wearing a stereo hearing aid was such a physical ailment as would ‘‘likely interfere with the ability to drive a school bus with safety’’ and which would present an appreciable risk to the safety and control of school bus passengers if permitted. Strathie v. Department of Transportation, 716 F.2d 227 (3d Cir. 1983).

The suspension under this section of the Class 4 license of a driver who had diabetes and was taking 500 mg. of a hypoglycemic drug daily was held to be within the power of the Department and not in violation of the driver’s Fourteenth Amendment rights. Department of Transportation v. Slater, 462 A.2d 870 (Pa. Cmwlth. 1983).

History

• Authority: The provisions of this Chapter 71 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 71 adopted September 23, 1977, effective September 24, 1977, 7 Pa.

67 Pa. Code § 71.4 Driver’s examination.

(a) General rule. The examinations required by § § 75.4—75.6, 75.23 and 75.26—75.28 will be given by the Department or an authorized agent to every applicant for an S endorsement.

(b) Recertification examination. The recertification skills evaluation will be given by the Department or an authorized agent to every holder of an S endorsement every 4 years.

(1) The recertification skills evaluation shall be administered by one of the following methods:

(i) An on-road instructor shall evaluate the driving skills in conjunction with the completion of the required 3 hours of on-road training. The instructor shall certify on a form provided by the Department that the driver has demonstrated proficiency in the driving skills provided in paragraph (2).

(ii) An on-road instructor or third party tester shall evaluate the driving skills during a regular bus run with students on board. The instructor or third party tester shall certify on a form provided by the Department that the driver has demonstrated proficiency in the driving skills provided in paragraph (2).

(iii) An on-road instructor or third party tester shall complete the recertification skills evaluation as a school bus, safety-specific skills test. The instructor or third party tester shall certify on a form provided by the Department that the driver has demonstrated proficiency in the driving skills provided in paragraph (2).

(iv) A Department driver license examiner shall complete the recertification skills evaluation as a school bus, safety-specific skills test. The driver license examiner shall certify on a form provided by the Department that the driver has demonstrated proficiency in the driving skills provided in paragraph (2).

(2) The recertification skills evaluation shall be administered in three parts: a safety inspection, a basic skills test and an on-road driving test. The entire examination shall be administered. If the driver fails a portion of the test, the driver may return on another day and retake only that portion which the driver failed.

(i) The safety inspection shall be the first part of the recertification skills evaluation. The driver will be given one point for each item that is correctly inspected. A passing score is 12 or more correctly inspected items. Inability to correctly perform the air brake check in clause (M) will result in automatic failure of this portion. The driver shall check the following safety equipment:

(A) 8-way lighting system.

(B) Headlights, low and high beams.

(C) Turn signals.

(D) Identification and side marker lights.

(E) Hazard warning system.

(F) Tail lights.

(G) Stop lights.

(H) Seats, condition and mounting.

(I) Fire extinguisher.

(J) First aid kit.

(K) Axe or pry bar.

(L) Portable emergency warning devices.

(M) Hydraulic brake or air brake.

(N) Emergency brake.

(O) Tires and the emergency door warning sound.

(ii) The basic skills test shall be the second part of the recertification skills evaluation. The test will consist of two exercises. The driver’s score will be based on the number of errors committed in each exercise. An accumulation of three errors or more in either exercise will constitute a failed test. Inability to perform clause (A)(III), (V), (VII) or (X) will result in automatic failure of this portion. The exercises are:

(A) Simulated or actual student discharge.

(I) 150'—300' activate amber warning lights.

(II) Check traffic.

(III) Come to a complete stop, apply emergency brake, transmission in neutral.

(IV) Open door slightly, activating red lights and stop arm.

(V) Check traffic (during stop).

(VI) Open door completely.

(VII) Check all mirrors around vehicle for students.

(VIII) Shut door—deactivate red lights.

(IX) Check mirrors, put transmission in gear; release brake.

(X) Check child safety, recheck mirrors and proceed.

(B) Simulated or actual railroad crossing.

(I) While approaching, activate 4-way hazard lights.

(II) Stop between 15'—50' from nearest rail.

(III) Apply parking brake, transmission in neutral.

(IV) Open door and window.

(V) Look and listen.

(VI) Close door.

(VII) If clear, put in gear and release parking brake.

(VIII) Proceed across tracks without shifting gears.

(IX) Deactivate 4-way hazard lights after crossing tracks.

(iii) The on-road driving test shall be the third part of the recertification skills evaluation. The driver’s score will be based on the number of errors committed during the test. An accumulation of 11 errors or more will constitute a failed test. An automatic failure will occur if the driver commits any traffic offense, runs over a curb or sidewalk, or causes an accident. Evaluation and scoring will be based on maneuvers which shall include the following:

(A) Driving and demonstrating stopping and starting a minimum of two times.

(B) Driving and executing left and right turns a minimum of two times.

(C) Driving and demonstrating merging into traffic from a stop sign or yield sign.

(D) Demonstrating driving ability at an intersection a minimum of two times.

(E) Demonstrating driving ability in the local area.

(F) Demonstrating general driving behavior.

(c) Application for examination. Application for a driver’s examination shall be made on a form obtainable from the Department.

(d) Additional examination. An additional examination will be given upon request of a person who fails a driver’s examination or recertification skills evaluation. A school bus driver who fails a recertification skills evaluation three times shall surrender the S endorsement to the person conducting the examination. An applicant who fails a driver’s examination three times shall surrender his permit to the person conducting the examination.

(e) Reinstatement. A school bus driver whose S endorsement has been invalidated or suspended shall undergo and successfully pass a driver’s examination before the S endorsement is reinstated.

The provisions of this § 71.4 amended under the Vehicle Code, 75 Pa.C.S. § § 1504(c), 1509 and 6103.

The provisions of this § 71.4 adopted September 23, 1977, effective September 24, 1977, 7 Pa.B. 2702; amended March 23, 1979, effective July 1, 1979, 9 Pa.B. 1073; amended May 10, 1985, effective May 11, 1985, 15 Pa.B. 1750; readopted May 11, 1990, effective immediately and apply retroactively to May 11, 1990, 20 Pa.B. 2524; amended May 25, 1990, effective May 26, 1990, 20 Pa.B. 2767; amended January 13, 1995, effective January 14, 1995, 25 Pa.B. 160. Immediately preceding text appears at serial pages (150695) to (150696).

This section cited in 67 Pa. Code § 71.3 (relating to physical examination).

History

• Authority: The provisions of this Chapter 71 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 71 adopted September 23, 1977, effective September 24, 1977, 7 Pa.

67 Pa. Code § 71.5 Courses of instruction.

(a) Administration. Courses of instruction established by the Department shall be administered by the local public school district or intermediate unit and shall be made available to public and private, including parochial, school bus drivers within the boundaries of the public school district or intermediate unit.

(b) Instructors. Qualifications of instructors includes the following:

(1) Course instructors shall possess a certificate of instruction issued by the Department.

(2) Instructors may be employes of the public school district or intermediate unit or a school bus contractor.

(c) Learning drivers. Courses of instruction for learning drivers shall include the following:

(1) An applicant to whom an S endorsement learner’s permit is issued shall undergo a 10-hour course of instruction consisting of 7 hours of classroom instruction and 3 hours of vehicle familiarity and driving instruction before driving a school bus carrying school children. On completion of the 10-hour course, the person shall be eligible to take a driver’s examination administered by the Department. On successfully passing the driver’s examination, the applicant will receive an S endorsement.

(2) Within 120 days of receiving an S endorsement, a school bus driver shall undergo a supplemental 10-hour course of instruction consisting of 7 hours of classroom instruction and 3 hours of vehicle familiarity and driving instruction. The course instructor shall notify the Department when a driver has completed the 10-hour course. If the notification is not received by the Department within 150 days of the date of the issuance of the S endorsement, the Department will suspend the S endorsement until notification is received.

(d) Review course. In addition to the training provided for in subsection (c), a holder of an S endorsement shall undergo a 10-hour course of instruction, consisting of 7 hours of classroom instruction and 3 hours of vehicle familiarity and driving, every 4 years.

(e) Driver’s list. The public school district or intermediate unit conducting the courses of instruction shall furnish to the Department a list of the drivers who successfully complete the course. The list shall contain the intermediate unit or private or parochial school employing the driver, the type of course and the date the course was completed.

(f) Forms. Necessary forms will be provided by the Department.

The provisions of this § 71.5 amended under the Vehicle Code, 75 Pa.C.S. § § 1504(c), 1509 and 6103.

The provisions of this § 71.5 adopted September 23, 1977, effective September 24, 1977, 7 Pa.B. 2702; amended through August 10, 1979, effective August 11, 1979, 9 Pa.B. 2638; readopted May 11, 1990, effective immediately and apply retroactively to May 11, 1990, 20 Pa.B. 2524; amended January 13, 1995, effective January 14, 1995, 25 Pa.B. 160. Immediately preceding text appears at serial pages (150696) to (150697).

History

• Authority: The provisions of this Chapter 71 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 71 adopted September 23, 1977, effective September 24, 1977, 7 Pa.

67 Pa. Code § 71.6 Knowledge examination.

A school bus driver knowledge examination will be given by the Department to every applicant for an S endorsement and, every 4 years, to a holder of an S endorsement. The examination shall consist of 25 questions taken from the most recent edition of the Pennsylvania School Bus Driver’s Manual. Eighty percent of the questions answered correctly is a passing grade.

The provisions of this § 71.6 issued under the Vehicle Code, 75 Pa.C.S. § § 1504(c), 1509 and 6103.

The provisions of this § 71.6 adopted January 13, 1995, effective January 14, 1995, 25 Pa.B. 160.

History

• Authority: The provisions of this Chapter 71 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 71 adopted September 23, 1977, effective September 24, 1977, 7 Pa.

Chapter 73 Photographic Driver’s License

67 Pa. Code § 73.1 Purpose.

This chapter provides standards and procedures for the issuance, renewal and replacement of photographic driver’s licenses as provided for in 75 Pa.C.S. § 1510(a) (relating to issuance and content of driver’s license).

The provisions of this § 73.1 adopted February 22, 1980, effective February 23, 1980, 10 Pa.B. 857.

History

• Authority: The provisions of this Chapter 73 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 73 adopted February 22, 1980, effective February 23, 1980, 10 Pa.

67 Pa. Code § 73.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Photo center—A location designated by the Department where applicants for renewal, replacement or initial issuance of a driver’s license may surrender their camera card, have their photograph taken and receive a photographic driver’s license. Photographic driver’s license—A driver’s license issued at a photo center which bears a color photograph of the licensee. Senior citizen—An applicant for replacement or initial issuance of a driver’s license who is at least 65 years of age at the time of application or an applicant for renewal of a driver’s license which expires on or after the 65th birthday of the applicant. Valid-without-photo driver’s license—A driver’s license which does not bear a photograph of the licensee and is issued under § 73.3(c) (relating to application) in lieu of a photographic driver’s license.

The provisions of this § 73.2 adopted February 22, 1980, effective February 23, 1980, 10 Pa.B. 857; amended April 11, 1980, effective April 12, 1980, 10 Pa.B. 1779; amended July 22, 1988, effective July 23, 1988, 18 Pa.B. 3214. Immediately preceding text appears at serial page (56432).

History

• Authority: The provisions of this Chapter 73 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 73 adopted February 22, 1980, effective February 23, 1980, 10 Pa.

67 Pa. Code § 73.3 Application.

(a) Initial issuance. Application for an initial issuance of a photographic driver’s license shall be made at a driver examination station in this Commonwealth. An applicant shall provide his name, address, date of birth, height, eye color, social security number and the original or certified copy of one of the following documents verifying the applicant’s date of birth and identity:

(1) Birth certificate.

(2) Passport.

(3) Certificate of United States Citizenship (Immigration and Naturalization Service Form No. N-560).

(4) Certificate of Naturalization (Immigration and Naturalization Service Form No. N-550 or N-570).

(5) Marriage record.

(6) Military identification card.

(7) Immigration certificate.

(8) Selective service identification card.

(9) Pennsylvania photographic identification card.

(10) Birth registration.

(11) Alien registration card.

(12) Expired Pennsylvania driver’s license.

(13) Expired Pennsylvania learner’s permit.

(14) Nonresident driver’s license.

(b) Camera card. Issuance of camera cards shall conform with the following:

(1) A qualified applicant for renewal, replacement or initial issuance of a driver’s license shall receive a camera card which may be used to receive a photographic or valid without photo driver’s license until the expiration date specified on the camera card. The camera card is valid as a driver’s license for a period of 60 days from the date of validation by the Department.

(2) If a camera card is mutilated, lost, stolen, destroyed or becomes illegible, the person to whom it was issued shall obtain a replacement camera card upon payment of the required fee.

(c) Photo center. Except as provided in subsection (d), holders of a camera card shall go to a photo center to have their photograph taken and provide the following:

(1) Their signature on a form prescribed by the Department. The signature of a witness is required if the applicant makes a mark in lieu of a signature. The witness shall be in possession of one of the documents specified in paragraph (3) verifying the identity of the witness.

(2) Their social security number, height and eye color.

(3) One of the following forms of identification bearing the camera card holder’s signature:

(i) Passport.

(ii) Certificate of United States Citizenship (Immigration and Naturalization Service Form No. N-560).

(iii) Certificate of Naturalization (N-550) (Immigration and Naturalization Service Form No. N-550 or N-570).

(iv) Pennsylvania photographic driver’s license.

(v) Pennsylvania photographic identification card.

(vi) Photographic employe identification card.

(vii) Photographic military identification card.

(viii) Pennsylvania vehicle registration card.

(ix) Pennsylvania photographic welfare card.

(x) Photographic bank identification card.

(xi) Weapons permit.

(xii) Photographic school identification card.

(xiii) Voter registration card.

(xiv) Medicare card.

(xv) Pennsylvania learner’s permit or a temporary license issued by the Pennsylvania State Police.

(xvi) Nonresident driver’s license.

(d) Exemptions. Exemptions include the following:

(1) A person who will be temporarily residing outside of this Commonwealth as a result of employment, military service or attendance at an educational institution, or the spouse or dependent child who resides with the person, may apply for a valid-without-photo driver’s license in lieu of a photographic driver’s license if one of the following applies:

(i) In the case of a renewal, that the applicant will be absent for the entire 60-day period preceding the scheduled expiration of his driver’s license.

(ii) In the case of a replacement or initial issuance, that the applicant will be absent for the entire 60-day validity period of the camera card.

(2) The Department may also allow a person to apply for a valid-without-photo driver’s license in lieu of a photographic driver’s license due to a public or private emergency.

(3) Upon termination of the emergency or the temporary residence outside of this Commonwealth, the holder of a valid-without-photo driver’s license shall apply for a photographic driver’s license within 45 days of the holder’s return to this Commonwealth.

(4) The Department may also allow a person to apply for a valid-without-photo driver’s license in lieu of a photographic driver’s license upon certification that having a photograph taken would violate the tenets of the holder’s religion or religious beliefs.

The provisions of this § 73.3 adopted February 22, 1980, effective February 23, 1980, 10 Pa.B. 857; amended April 11, 1980, effective April 12, 1980, 10 Pa.B. 1542; amended July 22, 1988, effective July 23, 1988, 18 Pa.B. 3214. Immediately preceding text appears at serial pages (56432) to (56433).

This section cited in 67 Pa. Code § 73.2 (relating to definitions).

History

• Authority: The provisions of this Chapter 73 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 73 adopted February 22, 1980, effective February 23, 1980, 10 Pa.

67 Pa. Code § 73.4 Expiration.

(a) Initial issuance or renewal. A renewed or initially issued photographic or valid without photo driver’s license shall expire on the last day of the month of the birthdate of the licensee no less than 37 months nor more than 48 months from the date of validation by the Department.

(b) Senior citizens. A photographic or valid without photo driver’s license which is renewed by or initially issued to a senior citizen shall expire on the last day of the month of the birthdate of the licensee not less than 13 months nor more than 24 months from the date of validation by the Department, unless the senior citizen requests that the license expire as provided in subsection (a).

(c) Replacement. A replacement photographic or valid without photo driver’s license shall retain the expiration date of the driver’s license that it replaces.

The provisions of this § 73.4 adopted February 22, 1980, effective February 23, 1980, 10 Pa.B. 857; amended July 22, 1988, effective July 23, 1988, 18 Pa.B. 3214. Immediately preceding text appears at serial page (56434).

This section cited in 67 Pa. Code § 73.5 (relating to fees).

History

• Authority: The provisions of this Chapter 73 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 73 adopted February 22, 1980, effective February 23, 1980, 10 Pa.

67 Pa. Code § 73.4a Renewal.

(a) Normal renewal. During the 60-day period preceding the expiration of a driver’s license, the licensee may apply for renewal on a form, provided by the Department, accompanied by the appropriate fee.

(b) Early renewal. An applicant who is unable or unavailable to apply for and receive a photographic driver’s license under subsection (a), may apply for early renewal during the 6-month period prior to the expiration of his driver’s license.

The provisions of this § 73.4a adopted July 22, 1988, effective July 23, 1988, 18 Pa.B. 3214.

History

• Authority: The provisions of this Chapter 73 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 73 adopted February 22, 1980, effective February 23, 1980, 10 Pa.

67 Pa. Code § 73.5 Fees.

(a) Driver’s license. The fee for a photographic driver’s license, or valid-without-photo driver’s license which expires according to the provisions of:

(1) Section 73.4(a) (relating to expiration) is $20, plus the cost of the photograph.

(2) Section 73.4(b) is $10, plus the cost of the photograph.

(b) Replacement driver’s license. The fee for a replacement photographic driver’s license, or replacement valid-without-photo driver’s license, is $5, plus the cost of the photograph.

(c) Replacement camera card. The fee for a replacement camera card shall be $5.

(d) Cost of photograph. The Department will publish a notice in the Pennsylvania Bulletin at least 30 days prior to the effective date of a change in the cost of the photograph.

The provisions of this § 73.5 adopted February 22, 1980, effective February 23, 1980, 10 Pa.B. 857; amended July 23, 1988, effective July 24, 1988, 18 Pa.B. 3214. Immediate preceding text appears at serial page (56434).

History

• Authority: The provisions of this Chapter 73 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 73 adopted February 22, 1980, effective February 23, 1980, 10 Pa.

67 Pa. Code § 73.6 Replacement; change in material information.

(a) Replacement. If a driver’s license or camera card is lost, stolen, destroyed, mutilated or becomes illegible, a replacement may be obtained upon submission of an application on a form provided by the Department, together with the required fee.

(b) Error or change in information. If material information on a driver’s license has changed, or is now unintentionally in error, from the information originally set forth, the licensee shall apply to the Department, within 15 days of the change or discovery of the error, for a corrective endorsement card, which will be issued by the Department without charge.

The provisions of this § 73.6 adopted February 22, 1980, effective February 23, 1980, 10 Pa.B. 857; amended April 11, 1980, effective April 12, 1980, 10 Pa.B. 1542; amended July 22, 1988, effective July 23, 1988, 18 Pa.B. 3214. Immediately preceding text appears at serial page (56435).

History

• Authority: The provisions of this Chapter 73 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 73 adopted February 22, 1980, effective February 23, 1980, 10 Pa.

Chapter 79 Restrictions on Drivers’ Licenses

67 Pa. Code § 79.1 Purpose.

The purpose of this chapter is to establish rules pertaining to restrictions imposed on licensed drivers with respect to special mechanical control devices or other restrictions necessary to assure safe motor vehicle operation, as prescribed by 75 Pa.C.S. § 1512(a) (relating to restrictions on drivers’ licenses).

History

• Authority: The provisions of this Chapter 79 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 79 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 79.2 Loss of arm or leg.

Except as provided in § 79.3 (relating to use of prosthesis), the driver’s license issued to a person who has lost one or more limbs shall be coded to indicate the type of special controls or equipment required on any vehicle driven by such person, as follows:

(1) Amputated left leg:

(i) Automatic transmission.

(ii) Hand dimmer switch.

(iii) Hand emergency brake.

(2) Amputated right leg:

(i) Automatic transmission.

(ii) Hand brake.

(iii) Hand gas feed.

(3) Left arm amputated above or below the elbow:

(i) Automatic transmission.

(ii) Knob on the steering wheel.

(4) A right arm amputated above or below the elbow:

(i) Automatic transmission.

(ii) Knob on the steering wheel.

(5) Both legs amputated:

(i) Automatic transmission.

(ii) All hand controls.

(6) Both hands amputated:

(i) Automatic type transmission.

(ii) Special foot control equipment.

History

• Authority: The provisions of this Chapter 79 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 79 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 79.3 Use of prosthesis.

The driver’s license issued to a person who has lost one or more limbs and uses a prosthesis in place of the lost limb or limbs shall be coded to indicate any type of special control or equipment required on any vehicle driven by such person, as determined by the examiner conducting the driving examination.

This section cited in 67 Pa. Code § 79.2 (relating to loss of arm or leg).

History

• Authority: The provisions of this Chapter 79 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 79 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 79.4 Loss of hearing or vision.

The driver’s license issued to a person who has a hearing or vision impairment as described below shall be coded to indicate that any vehicle operated by such person be equipped with an outside mirror:

(1) inability to hear or understand normal conversation spoken from five to six feet to the rear,

(2) vision in either eye of 20/100 or worse, with correction.

History

• Authority: The provisions of this Chapter 79 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 79 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 79.5 Classified drivers.

(a) Determination. A driver’s license shall be coded to indicate that a licensee is a classified driver when it is determined, after examination:

(1) that the person has a physical disability or condition of significance to be reported to the Department; and

(2) that the person does not require special equipment or controls on any vehicle driven by such person.

(b) Significance. A classified driver coding on a license shall indicate to any investigating police officer that, although the licensee has a physical disability, they do not require special equipment or controls to drive a vehicle.

History

• Authority: The provisions of this Chapter 79 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 79 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

Chapter 81 Reports to Bureau of Driver Licensing

67 Pa. Code § 81.1 Purpose.

This chapter defines more fully the requirements of 75 Pa.C.S. § § 1534, 1771, 6104(a) and 6323 (relating to notice of acceptance of Accelerative Rehabilitative Disposition; court reports on nonpayment of judgments; administrative duties of department; and reports by courts of record) by specifying the information which shall be indicated in a certified copy of a judgment arising from a motor vehicle accident, or in a report by a court of record in order to facilitate the obligation of the Department to implement 75 Pa.C.S. (relating to Vehicle Code) and other statutes administered by the Department.

The provisions of this § 81.1 adopted May 5, 1978, effective May 6, 1978, 8 Pa.B. 1288; amended June 7, 1985, effective June 8, 1985, 15 Pa.B. 2103; readopted July 6, 1990, effective immediately and apply retroactively to June 8, 1990, 20 Pa.B. 3690. Immediately preceding text appears at serial page (127635).

This section, which deals with reports from courts, does not require that a police notice of refusal to comply with a request to submit to a chemical test must be notarized. Shelton v. Department of Transportation, 533 A.2d 842, 843 (Pa. Commw. 1987).

History

• Authority: The provisions of this Chapter 81 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 81 adopted May 5, 1978, effective May 6, 1978, 8 Pa.

67 Pa. Code § 81.2 Accelerated rehabilitative disposition.

(a) General rule. If a person is offered and accepts accelerated rehabilitative disposition under the Pennsylvania Rules of Criminal Procedure for any offense enumerated in 75 Pa.C.S. § 1532 (relating to revocation or suspension of operating privilege), or for an offense enumerated in any other act in the commission of which a motor vehicle was used, the court shall promptly notify the Department on Form DL-21A, under 75 Pa.C.S. § 1534 (relating to notice of acceptance of Accelerative Rehabilitative Disposition).

(b) Content of the report. The report of the clerk of court, Form DL-21A, shall indicate:

(1) Name and current address of individual placed on accelerated rehabilitative disposition.

(2) Operator’s number or date of birth, or both, of individual placed on accelerated rehabilitative disposition.

(3) Date of violation.

(4) Date individual was placed on accelerated rehabilitative disposition.

(5) Description of charge.

(6) Section, subsection and name of the act violated.

(7) Terms and conditions of accelerated rehabilitative disposition.

(8) Court, term and number.

(9) Seal.

(c) Incomplete report. The Department will not process the report of the clerk of court showing accelerated rehabilitative disposition unless all the required information indicated in subsection (b) is provided to the Department. An incomplete Form DL-21A will be returned to the clerk of court for completion.

The provisions of this § 81.2 adopted May 5, 1978, effective May 6, 1978, 8 Pa.B. 1288; readopted July 6, 1990, effective immediately and apply retroactively to June 8, 1990, 20 Pa.B. 3690. Immediately preceding text appears at serial pages (127635) to (127636).

History

• Authority: The provisions of this Chapter 81 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 81 adopted May 5, 1978, effective May 6, 1978, 8 Pa.

67 Pa. Code § 81.3 Unsatisfied judgments.

(a) General rule. Whenever a person fails within 60 days to satisfy a judgment arising from a motor vehicle accident, the judgment creditor may forward to the Department a certified copy of the judgment, under 75 Pa.C.S. § 1771 (relating to court reports on nonpayment of judgements).

(b) Certification form. The certified copy of the judgment shall be on the Department’s Form DL-201, Certification of Motor Vehicle Judgment.

(c) Content of report. The Certification of Motor Vehicle Judgment, Form DL-201, shall indicate:

(1) Name and current address of judgment debtor.

(2) Operator’s number or date of birth of judgment debtor, or both.

(3) Name and address of judgment creditor. If the judgment creditor is an insurer, the name, address, and policy number or claim number of the subrogor shall also be provided.

(4) Phone number of judgment creditor.

(5) Name and address of attorney of judgment creditor, if applicable.

(6) Phone number of attorney of judgment creditor.

(7) Date of accident.

(8) Court term and number.

(9) Seal.

(d) Incomplete report. The Department will not process the Certification of Motor Vehicle Judgment unless the required information indicated in subsection (c) is provided to the Department. An incomplete Form DL-201 will be returned to the judgment creditor or his attorney, if applicable, for completion.

The provisions of this § 81.3 issued under the Vehicle Code, 75 Pa.C.S. § § 1741, 1742 and 1743.

The provisions of this § 81.3 adopted May 5, 1978, effective May 6, 1978, 8 Pa.B. 1288; amended October 10, 1980, effective October 11, 1980, 10 Pa.B. 4038; amended June 7, 1985, effective June 8, 1985, 15 Pa.B. 2103; readopted July 6, 1990, effective immediately and apply retroactively to June 8, 1990, 20 Pa.B. 3690. Immediately preceding text appears at serial page (127637).

History

• Authority: The provisions of this Chapter 81 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 81 adopted May 5, 1978, effective May 6, 1978, 8 Pa.

67 Pa. Code § 81.4 Vehicle Code or motor vehicle felony convictions.

(a) General rule. The clerk of a court of record of this Commonwealth, within 10 days after final judgment of conviction or acquittal or other disposition of charges under 75 Pa.C.S. (relating to vehicle code), shall send to the Department a record of the judgment of conviction, acquittal or other disposition on Form DL-21. A record of the judgment shall also be forwarded to the Department, on Form DL-21, upon conviction or acquittal of a person of a felony in the commission of which the judge determines that a motor vehicle was essentially involved, under 75 Pa.C.S. § 6323 (relating to reports by court of record).

(b) Content of report. The report of the clerk of court showing the conviction or acquittal of any violation of 75 Pa.C.S. or of another act in the commission of the crime in which a motor vehicle was used, Form DL-21, shall indicate:

(1) Name and current address of individual convicted or acquitted.

(2) Operator’s number or date of birth, or both, of individual convicted or acquitted.

(3) Date of violation.

(4) Date of conviction or acquittal.

(5) Description of charge.

(6) Section, subsection and name of the act violated.

(7) Sentence.

(8) Court, term and number.

(9) Indicate whether summary offense, manslaughter, other misdemeanor, or felony.

(10) Seal.

(c) Incomplete report. The Department will not process the report of the clerk of court showing conviction or acquittal unless all the required information indicated in subsection (b) is provided to the Department. An incomplete Form DL-21 will be returned to the clerk of court for completion.

The provisions of this § 81.4 adopted May 5, 1978, effective May 6, 1978, 8 Pa.B. 1288; readopted July 6, 1990, effective immediately and apply retroactively to June 8, 1990, 20 Pa.B. 3690. Immediately preceding text appears at serial page (127637).

History

• Authority: The provisions of this Chapter 81 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 81 adopted May 5, 1978, effective May 6, 1978, 8 Pa.

Chapter 82 Guidelines for Determining Cause to Initiate Examination—Statement of Policy

67 Pa. Code § 82.1 Medical program.

(a) Scope/minimum standards. Drivers in this Commonwealth shall meet minimum standards to be qualified to drive. The medical program balances public safety with the individual’s need for independence and autonomy.

(b) Medical Advisory Board. Medical standards are developed in conjunction with the Medical Advisory Board to insure that the Commonwealth does not restrict the independence and autonomy of the individual driver. At the same time, the Medical Advisory Board’s standards are designed to identify and recall the driving privilege of the individuals who represent an appreciable safety risk.

(c) Physical examination and medical reporting. The driver’s first interaction with the medical program begins with the physical examination necessary for the issuance of the learner’s permit. In addition, the Department administers a medical reporting program which includes reports from the medical community and reports from others.

History

• Source: The provisions of this Chapter 82 adopted September 5, 1997, effective September 6, 1997, 27 Pa.

67 Pa. Code § 82.2 Medical reports.

(a) Medical Unit. The Department’s Medical Unit receives over 40,000 reports each year from the medical community regarding individuals who have a medical condition which may affect their ability to drive safely.

(b) Reports. Those reports originate from physicians, nurses, hospitals, emergency rooms, trauma units, rehabilitation facilities and other care takers.

(c) Processing of reports by Medical Unit. When these reports are received, they are reviewed and evaluated on a case by case basis by the Medical Unit. The Medical Unit reviews the information provided in relation to the medical regulations formulated by the Medical Advisory Board.

(d) Action by the Medical Unit. Upon careful evaluation of the information, the Medical Unit takes one of the following actions.

(1) Recall the driving privilege.

(2) Restore the driving privilege.

(3) Add medical restrictions to the driving privilege.

(4) Delete medical restrictions from the driving privilege.

(5) Request additional examinations, such as a medical examination or a driver’s test.

(6) Take no action.

History

• Source: The provisions of this Chapter 82 adopted September 5, 1997, effective September 6, 1997, 27 Pa.

67 Pa. Code § 82.3 Recall the driving privilege.

(a) Medical Unit recall of license. When a physician provides clear information indicating that the person does not meet the medical regulations for safe driving, the Medical Unit recalls the driving privilege.

(b) Example. For example, when the physician notifies the Department that a patient has an uncontrolled seizure disorder and provides clear, specific information including the last seizure date, the Medical Unit makes an informed decision as to the disposition of the case based on the medical regulations. The Medical Unit has sufficient information to determine if the recall of the driving privilege is warranted.

History

• Source: The provisions of this Chapter 82 adopted September 5, 1997, effective September 6, 1997, 27 Pa.

67 Pa. Code § 82.4 Restore the driving privilege.

(a) Restoration. When a physician provides clear information indicating that the person does meet the medical regulations for safe driving, the Medical Unit restores the driving privilege.

(b) Example. For example, when the physician notifies the Department that a patient with an uncontrolled seizure disorder is controlled on medication and has been seizure free for 6 months, the Medical Unit makes an informed decision as to the disposition of the case based on the medical regulations. The Medical Unit has sufficient information to determine if the restoration of the driving privilege is warranted.

History

• Source: The provisions of this Chapter 82 adopted September 5, 1997, effective September 6, 1997, 27 Pa.

67 Pa. Code § 82.5 Add or delete medical restriction.

(a) Addition or deletion of information. When the physician submits information which, when compared to the medical regulations, will result in a restriction being added or deleted from the driver’s license, the Medical Unit adds or deletes the restriction.

(b) Example. For example, a driver may develop cataracts and the driver’s visual acuity may decline to a level where the driver must be restricted to driving in daylight hours only. In the same manner, if the driver later has surgery to remove the cataracts, the restrictions may be removed.

History

• Source: The provisions of this Chapter 82 adopted September 5, 1997, effective September 6, 1997, 27 Pa.

67 Pa. Code § 82.6 Additional examination.

(a) When additional exam is required. When a physician submits information indicating that the driver may have a condition which affects the ability to drive safely, but the Medical Unit has insufficient information to compare the patient’s condition with the Medical Advisory Board’s medical regulations, the Medical Unit requires the driver to have a physician complete additional medical examination forms or the driver may be required to complete a driver’s examination.

(b) Example. For example, the Medical Unit receives a report from an emergency room physician stating that an individual had a seizure. The report contains no other information regarding the condition. The Medical Unit cannot determine from that information whether or not the person has an uncontrolled seizure disorder. The seizure may have represented a single incident as a result of a transient illness, an allergic reaction or some other cause. The Medical Unit requires that the driver have a Convulsive Disorder Form completed.

(c) Failure to respond. If the driver does not respond to the Department’s examination requirement within 30 days, the driver is sent a notice of suspension for not complying with this requirement. This suspension is for an indefinite period of time until the driver complies with the Department’s requirement. This suspension may be avoided or restored upon receipt of the requested information.

History

• Source: The provisions of this Chapter 82 adopted September 5, 1997, effective September 6, 1997, 27 Pa.

67 Pa. Code § 82.7 No action.

(a) When no action is warranted. When a physician provides information about a medical condition that does not affect the ability to drive, the Medical Unit takes no action.

(b) Example. For example, when a physician notifies the Medical Unit that an individual had a seizure as a result of a prescribed change in medication, but the previous medication that was effective in controlling the seizure has already been reinstated, the driver can continue to drive safely. The Medical Unit reviews this information in relation to the medical regulations and takes no action.

History

• Source: The provisions of this Chapter 82 adopted September 5, 1997, effective September 6, 1997, 27 Pa.

67 Pa. Code § 82.8 Other reports.

(a) Reports. In addition to physician reports, the Medical Unit annually receives approximately 2,000 police reports, 500 accident reports and 500 reports from concerned family members regarding individuals who may have a medical condition that affects the individual’s ability to drive.

(b) Evaluation.

(1) These reports are also evaluated on a case by case basis. The Medical Unit carefully scrutinizes these reports for validity.

(2) To investigate the validity of the report, the Medical Unit frequently contacts the source of the report by the telephone, especially in the case of reports from family members, to ask for more information or to discuss the case to determine validity. When the report is from a friend or neighbor, additional precautions are taken. The Medical Unit recognizes that while some reports that come from these individuals are made out of legitimate concern, others may be the result of malice. Neighbors occasionally have disagreements that result in animosity and hostility. On the other hand, for those individuals with no family, neighbors are often the primary caregiver. The Medical Unit takes every possible safeguard to ensure that these reports are legitimate.

(c) Legitimate concern determined. If the Medical Unit determines that the report reflects a legitimate concern regarding a medical condition that affects the ability to drive safely, the Medical Unit requires the driver to have a physician complete additional medical examination forms or the driver may be required to complete a driver’s examination. Under no circumstances does this type of report result in the automatic recall of the driving privilege.

(d) Example. For example, when a report is received from a daughter stating that she has noticed her mother’s attention wandering and has seen her appear to lose awareness of her surroundings, the Medical Unit contacts the daughter to discuss her observations with her. At that time, the Medical Unit discovers that the daughter is concerned because her mother has had several unreported accidents in the last 6 months and feels that she may be an unsafe driver.

(e) Additional examination forms or driver’s exam. If the report is determined to be valid, the driver is required to have a physician complete additional medical examination forms or the driver may be required to complete a driver’s examination.

(f) Failure to respond. If the driver does not respond to the Department’s examination requirement within 30 days, the driver is sent a notice of suspension for not complying with this requirement. This suspension is for an indefinite period of time until the driver complies with the Department’s requirement. This suspension may be avoided or restored upon receipt of the requested information.

History

• Source: The provisions of this Chapter 82 adopted September 5, 1997, effective September 6, 1997, 27 Pa.

Chapter 83 Physical and Mental Criteria, Including Vision Standards Relating to the Licensing of Drivers

67 Pa. Code § 83.1 Purpose.

Section 1517(b) of the act (relating to medical advisory board) authorizes the Department to adopt physical and mental criteria, including vision standards, for licensing of drivers under Chapter 15 of the act (relating to licensing of drivers). These physical and mental criteria have been formulated by the Medical Advisory Board under the authority of sections 1517 and 1518 of the act (relating to medical advisory board and reports on mental or physical disabilities or disorders). In addition to their use by the Department in connection with its responsibilities under Chapter 15 of the act, these physical and mental criteria shall be used by physicians, chiropractors, CRNPs and physician assistants in conducting physical examinations of applicants for learner’s permits and driver’s licenses and by physicians and other persons authorized to diagnose and treat disorders and disabilities covered in this chapter in determining whether a person examined by the provider should be reported to the Department as having a disorder affecting the ability of the person to drive safely.

The provisions of this § 83.1 amended under the Vehicle Code, 75 Pa.C.S. § § 1508, 1508.1, 1509, 1517, 1518 and 6103.

The provisions of this § 83.1 adopted May 18, 1979, effective May 19, 1979, 9 Pa.B. 1631; amended April 11, 1986, effective April 12, 1986, 16 Pa.B. 1279; readopted April 19, 1991, effective April 12, 1991, 21 Pa.B. 1813; amended January 23, 1998, effective January 24, 1998, 28 Pa.B. 364; amended October 8, 2010, effective October 9, 2010, 40 Pa.B. 5813. Immediately preceding text appears at serial pages (317845) to (317846).

Private Cause of Action

Estates of motorists killed when hit by car driven by patient who had blacked out due to a seizure disorder, could not seek damages for physician’s failure to properly report his patient’s condition to the Department; the Vehicle Code only requires physicians to provide medical information regarding the conditions of certain licensed drivers to the Commonwealth so it can determine if operating privileges should be revoked, and does not authorize a private cause of action based upon physician’s failure to report a driver’s condition to Department of Transportation. Hospodar v. Schick, 885 A.2d 986, 989 (Pa. Super. 2005).

History

• Authority: The provisions of this Chapter 83 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 83 adopted May 18, 1979, effective May 19, 1979, 9 Pa.

67 Pa. Code § 83.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—75 Pa.C.S. § 101—9910 (relating to Vehicle Code). Aura—An epileptic episode, sometimes experienced before or in lieu of a seizure, which does not alter an individual’s ability to think clearly or interfere with an individual’s mechanical or sensory ability to operate a motor vehicle. CRNP—Certified registered nurse practitioner—A registered nurse licensed in this Commonwealth who is certified by the State Board of Nursing in a particular clinical specialty area and who, while functioning in the expanded role as a professional nurse, performs acts of medical diagnosis or prescription of medical therapeutic or corrective measures in collaboration with and under the direction of a physician licensed to practice medicine in this Commonwealth. Chiropractor—A practitioner of chiropractic as defined in 75 Pa.C.S. § 1508.1(b) (relating to physical examinations) and 75 Pa.C.S. § 1518(g) (relating to reports on mental or physical disabilities or disorders). Daylight—Hours between sunrise and sunset. Department—The Department of Transportation of the Commonwealth. HbA1C test—A Hemoglobin A1C test monitors the long-term control of diabetes mellitus. Health care provider—A licensed physician, a CRNP, a physician assistant or a licensed psychologist, as described in 75 Pa.C.S. § 1519 (relating to determination of incompetency). Hyperglycemia—When the level of glucose (sugar) in the blood is too high based on current guidelines established by the American Diabetes Association. Hypoglycemia—When the level of glucose (sugar) in the blood is too low based on current guidelines established by the American Diabetes Association. Hypoglycemic reactions—Different degrees of hypoglycemia which are classified as follows:

(i) Mild. Hypoglycemia that signals a blood glucose drop, which the individual can self correct with oral carbohydrates.

(ii) Severe. Hypoglycemia that requires outside intervention or assistance of others or that produces confusion, loss of attention or a loss of consciousness. Licensed optometrist—A doctor of optometry licensed by the State Board of Optometry. Licensed physician—A doctor of medicine licensed by the State Board of Medicine or a doctor of osteopathy licensed by the State Board of Osteopathic Medical Examiners. Nocturnal—As used in relation to seizures, the term means occurring during sleep. Seizure—A paroxysmal disruption of cerebral function characterized by altered consciousness, altered motor activity or behavior identified by a licensed physician as inappropriate for the individual. Seizure disorder—Condition in which an individual has experienced a single seizure of electrically diagnosed epilepsy, or has experienced more than one seizure not including seizures resulting from an acute illness, intoxication, metabolic disorder, or trauma. Symptomatic hyperglycemia—High glucose levels in the blood that have caused a loss of consciousness or an altered state of perception, including, but not limited to, decreased reaction time, impaired vision or hearing, or both, and confusion. Telescopic lens—A telescopic low vision device. Type I Diabetes mellitus—A chronic disease caused by the pancreas producing too little insulin to regulate blood sugar levels. Type II Diabetes mellitus—A chronic disease marked by high levels of sugar in the blood caused by the body failing to respond correctly to natural insulin.

The provisions of this § 83.2 amended under the Vehicle Code, 75 Pa.C.S. § § 1508, 1508.1, 1509, 1517, 1518 and 6103.

The provisions of this § 83.2 adopted May 18, 1979, effective May 19, 1979, 9 Pa.B. 1631; amended April 11, 1986, effective April 12, 1986, 16 Pa.B. 1279; readopted April 19, 1991, effective April 12, 1991, 21 Pa.B. 1813; amended January 23, 1998, effective January 24, 1998, 28 Pa.B. 364; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3718; amended October 8, 2010, effective October 9, 2010, 40 Pa.B. 5813. Immediately preceding text appears at serial pages (317846) and (337699).

This section cited in 67 Pa. Code § 71.2 (relating to definitions).

History

• Authority: The provisions of this Chapter 83 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 83 adopted May 18, 1979, effective May 19, 1979, 9 Pa.

67 Pa. Code § 83.3 Visual standards.

(a) Driving without corrective lenses. A person with visual acuity of 20/40 or better combined vision may drive without corrective lenses.

(1) If a person with visual acuity of 20/40 or better combined vision, however, has visual acuity of less than 20/40 in one eye, the vision in that eye shall be corrected to its best visual acuity.

(2) A person with visual acuity of 20/40 or better combined vision and who has visual acuity of less than 20/40 in one eye, may drive without corrective lenses upon determination by a licensed optometrist or ophthalmologist that the person’s combined vision would not be improved by the use of corrective lenses.

(b) Driving with corrective lenses. A person with visual acuity of less than 20/40 combined vision shall wear lenses correcting combined vision to 20/40 or better while driving, except that if correction to 20/40 is not possible, the person may drive in daylight hours only if one of the following are met:

(1) The combined vision has been corrected to 20/60 or better.

(2) Visual acuity is less than 20/60 combined vision but at least 20/70 combined vision with best correction, but only upon recommendation of a licensed optometrist or licensed physician who has equipment to properly evaluate visual acuity.

(c) Visual acuity of less than 20/70.

(1) A person with visual acuity of less than 20/70 combined vision but at least 20/100 combined vision with best correction may apply for and may be issued a restricted license only upon recommendation of a licensed optometrist or ophthalmologist or licensed physician who has equipment to properly evaluate visual acuity, and only if the following conditions or limitations are satisfied:

(i) The person takes and successfully passes a complete vision examination, including plotted visual fields, upon application and annually thereafter.

(ii) The person takes and successfully passes a driver’s examination upon application.

(iii) The person’s driving privilege is limited to roads other than freeways, as defined in 75 Pa.C.S. § 102 (relating to definitions).

(iv) The person’s driving privilege is limited to passenger vehicles weighing no more than 10,000 pounds, and excludes operation of a motorcycle.

(v) If determined by the Department to be appropriate, the person’s driving privilege is limited to driving within a limited radius of the person’s residence as recommended by a licensed physician.

(2) Violation of these conditions or limitations shall result in the recall of the restricted license. In addition, an annual review of the person’s accident and violation history will be conducted by the Department and the restricted license may be recalled if the Department determines that the person was involved in an at fault accident or convicted of two moving violations committed within a 1-year period.

(d) Visual acuity of less than 20/100. A person with visual acuity of less than 20/100 combined vision with best correction will not be qualified to drive.

(e) Vision requirements. A person shall have a combined field of vision of at least 120° in the horizontal meridian, excepting the normal blind spots.

(f) Sight in one eye. A person may be adequately sighted in only one eye and still meet the requirements of this section The person’s driving privilege will be restricted to vehicles having mirrors so located as to reflect to the person a view of the highway for a distance of at least 200 feet to the rear.

(g) Telescopic lenses. Correction through the use of telescopic lenses is not acceptable for purposes of meeting acuity requirements.

The provisions of this § 83.3 amended under 75 Pa.C.S. § § 1517, 1518 and 6103.

The provisions of this § 83.3 adopted May 18, 1979, effective May 19, 1979, 9 Pa.B. 1631; amended April 11, 1986, effective April 12, 1986, 16 Pa.B. 1279; readopted April 19, 1991, effective April 12, 1991, 21 Pa.B. 1813; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3718. Immediately preceding text appears at serial pages (262089) to (262090).

Doctor Liability

An ophthalmologist will not be held liable to a third party where the ophthalmologist failed to inform his patient or the Department of Transportation (PennDOT) of the patient’s poor visual acuity and, subsequently, the patient injured the third party while driving her automobile, because the physician’s failure to notify PennDOT of a disorder does not give rise to a private remedy, and because it is an unreasonable extension of the concepts of duty and forseeability to broaden a physician’s duty to a patient and hold a physician liable to the public at large within the factual scenario of this case. Estate of Witthoeft v. Kiskaddon, 733 A.2d 623 (Pa. 1999).

Although the doctor should have reported the patient’s poor visibility to the Department of Transportation, that failure to act does not expose the doctor to liability for injuries caused by a patient’s operation of a vehicle. Estate of Witthoeft v. Kiskaddon, 676 A.2d 1223 (Pa. Super. 1996); affirmed 733 A.2d 623 (Pa. 1999).

General Comments

This regulation has the force and effect of a statute. Dare v. Department of Transportation, 682 A.2d 413 (Pa. Cmwlth. 1996).

License Properly Revoked

Individual properly had driver’s license revoked where an optometrist’s examination revealed that the individual was sighted only in one eye and the individual’s field of vision was less than 140° in the horizontal meridian, except for the normal blind spots. Dare v. Department of Transportation, 682 A.2d 413 (Pa. Cmwlth. 1996).

Sight in One Eye

Subsection (e) of this regulation only provides that sight in one eye, alone, will not preclude an individual from meeting the visual standards. Rather, if such a person meets the requirements of this regulation and restricts his or her driving to vehicles which have adequate rear view mirrors, then he or she may be found competent to drive. However, there is no language in subsection (e) allowing an individual sighted in one eye only, who uses rear view mirrors, to be excused from meeting the requirements of subsections (a)—(f). Dare v. Department of Transportation, 682 A.2d 413 (Pa. Cmwlth. 1996).

Telescopic Lenses

The provisions of this section (formerly 67 Pa. Code § 157.3), which disallow the use of telescopic lenses to meet visual acuity requirements for driver’s licenses, do not violate section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) or equal protection or due process provisions of the Federal or State constitutions. Department of Transportation v. Liberati, 472 A.2d 741 (Pa. Cmwlth. 1984).

Vision Requirements

Evidence that a 72-year-old motorist has adapted his driving to minimize the effects of retinitis pigmentosa, which substantially impairs the field of vision, was not relevant to a determination of competency under this regulation which requires a motorist to have a combined field of vision of at least 140° in the horizontal median, excepting blind spots, where the motorist was restricted to the presentation of objective evidence showing that the Department of Transportation’s report of his field-of-vision measurement was incorrect. Byers v. Department of Transportation, 735 A.2d 168 (Pa. Cmwlth. 1999).

Once the Department of Transportation establishes a licensee’s incompetence to drive, due process requires that the licensee be given an opportunity to demonstrate objectively that his or her vision is sufficient to meet the vision requirements. Byers v. Department of Transportation, 735 A.2d 168 (Pa. Cmwlth. 1999).

Section 83.3(d) does not violate due process, where the regulation requires merely that an individual possess certain minimum visual requirements to operate a motor vehicle, much like minimum age requirements. Byers v. Department of Transportation, 735 A.2d 168 (Pa. Cmwlth. 1999).

History

• Authority: The provisions of this Chapter 83 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 83 adopted May 18, 1979, effective May 19, 1979, 9 Pa.

67 Pa. Code § 83.4 Seizure disorder.

(a) General. A person who has a seizure disorder will not be qualified to drive unless a licensed physician reports that the person has been free from seizure for at least 3 months immediately preceding, with or without medication. A person will not be disqualified if the person has experienced only auras during that period.

(a.1) Additional period of restriction. A person who has a seizure disorder will not be qualified to drive for an additional 3-month period from the period provided in subsection (a) when, in the opinion of the person’s licensed physician, the seizure disorder is likely to impair the ability of the person to control and safely operate a vehicle for a period longer than the period provided under subsection (a).

(b) Waiver. Waiver of the freedom from seizure requirement may be made upon specific recommendation by a licensed physician if one of the following conditions apply:

(1) A strictly nocturnal pattern of seizures or a pattern of seizures occurring only immediately upon awakening has been established over a period of at least 2 years immediately preceding, with or without medication.

(2) A specific prolonged aura accompanied by sufficient warning has been established over a period of at least 2 years immediately preceding, with or without medication.

(3) The person previously had been free from seizure for a 3-month period and the subsequent seizure or seizures occurred as a result of a prescribed change in or removal from medication while under the supervision of a licensed physician. This waiver will only be provided upon reinstitution of previous medication.

(4) The person previously had been free from seizure for 3 months and the subsequent seizure or seizures occurred during or concurrent with a nonrecurring transient illness, toxic ingestion or metabolic imbalance.

(c) Reporting requirements for provider. Every provider who treats a person who has experienced a single seizure shall provide, consistent with 75 Pa.C.S. § 1518(b) (relating to reports on mental or physical disabilities or disorders), a report to the Department which shall constitute cause for the Department to direct the person to undergo an examination prescribed under 75 Pa.C.S. § 1519 (relating to determination of incompetency).

The provisions of this § 83.4 amended under 75 Pa.C.S. § § 1512, 1517—1519 and 6103.

The provisions of this § 83.4 adopted May 18, 1979, effective May 19, 1979, 9 Pa.B. 1631; readopted April 19, 1991, effective April 12, 1991, 21 Pa.B. 1813; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3718; amended March 27, 2026, effective March 28, 2026, 56 Pa.B. 1692. Immediately preceding text appears at serial pages (352986) and (354825).

Due Process

This regulation, which provides for the revocation of one’s operating privilege for a period of one year upon the occurrence of only a single epileptic seizure, without the licensee having an opportunity to present medical evidence in an effort to establish his or her competency to drive, violates due process. Department of Transportation v. Clayton, 684 A.2d 1060 (Pa. 1996).

Clearly, precluding unsafe drivers, even those who are potentially unsafe drivers, from driving on the highways is an important interest. But, it is not an interest which outweighs a person’s interest in retaining his or her license so as to justify the recall of that license without first affording the licensee the process to which he or she is due. Indeed, since competency to drive is the paramount factor behind this regulation, any hearing which eliminates consideration of that very factor is violative of procedural due process. Department of Transportation v. Clayton, 684 A.2d 1060 (Pa. 1996).

Suspension of driver’s licenses involves state action that adjudicates important interests of the licensees, and licenses are not to be taken away without that procedural due process required by the Fourteenth Amendment, citing Department of Transportation v. Clayton, 684 A.2d 1060 (Pa. 1996), Peachey v. Com., Dept. of Transp., 979 A.2d 951, 955 N5 (Pa. Cmwlth. 2009).

Department of Transportation’s interest in precluding unsafe drivers, even those who are potentially unsafe drivers, from driving on our highways is an important interest, but it is not an interest which outweighs a person’s interest in retaining his or her driver’s license so as to justify the recall of that license without first affording the licensee the process to which he or she is due, citing Clayton, 684 A.2d 1065, Peachey v. Com., Dept. of Transp., 979 A.2d 951, 957 (Pa. Cmwlth. 2009).

Due Process Violated

This section, which creates an irrebuttable presumption that a person who has had one seizure is incompetent to drive for at least 1 year, violates procedural due process since the time and expense of litigation do not overcome the interest of the licensee in his operating privilege. Department of Transportation v. Brown, 630 A.2d 927 (Pa. Cmwlth. 1993).

History

• Authority: The provisions of this Chapter 83 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 83 adopted May 18, 1979, effective May 19, 1979, 9 Pa.

67 Pa. Code § 83.5 Other physical and medical standards.

(a) General disqualifications. A person who has any of the following conditions will not be qualified to drive:

(1) Unstable diabetes mellitus leading to severe hypoglycemic reactions or symptomatic hyperglycemia unless there has been a continuous period of at least 6 months free from a disqualification in this paragraph. Once the diabetic condition has stabilized, and as long as the individual has not had another disqualifying episode within the last 6 months, the driving privilege may be restored. The individual shall submit to a diabetic examination, which includes an HbA1C test as well as a vision screening, and the treating health care provider shall certify on a completed form provided by the Department that the individual has been free from a disqualifying episode. Thereafter, the individual shall submit to a diabetic examination, which includes an HbA1C test as well as a vision screening, in accordance with the following schedule:

(i) Six months after the diabetic examination required in this paragraph, the individual shall submit to a follow-up diabetic examination and the treating health care provider shall certify, on a completed form provided by the Department, that the individual has been free from a disqualifying episode.

(ii) Twelve months after the previous diabetic examination, the individual shall submit to a follow-up diabetic examination and the treating health care provider shall certify, on a completed form provided by the Department, that the individual has been free from a disqualifying episode.

(iii) Twenty-four months after the previous diabetic examination, the individual shall submit to a follow-up diabetic examination and the treating health care provider shall certify, on a completed form provided by the Department, that the individual has been free from a disqualifying episode.

(iv) Forty-eight months after the previous diabetic examination, the individual shall submit to a follow-up diabetic examination and the treating health care provider shall certify, on a completed form provided by the Department, that the individual has been free from a disqualifying episode.

(v) Diabetic examination may be required more frequently if recommended by the treating health care provider.

(vi) Providing the condition of the individual remains under good control, the individual will not be required to submit to additional diabetic examinations.

(2) A waiver may be granted if an individual has been previously free from severe hypoglycemic reactions or symptomatic hyperglycemia for the preceding 6 months and the subsequent severe hypoglycemic reaction or symptomatic hyperglycemia occurred while the individual was under the treating health care provider’s care, during or concurrent with a nonrecurring transient illness, toxic ingestion or metabolic imbalance. This waiver will only be granted if the treating health care provider submits written certification indicating it is a temporary condition or isolated incident not likely to recur.

(3) Cerebral vascular insufficiency or cardiovascular disease which, within the preceding 6 months, has resulted in one or more of the following:

(i) Syncopal attack or loss of consciousness.

(ii) Vertigo, paralysis or loss of qualifying visual fields.

(4) Periodic episodes of loss of consciousness which are of unknown etiology or not otherwise categorized, unless the person has been free from episode for the year immediately preceding.

(b) Disqualification on provider’s recommendation. A person who has any of the following conditions will not be qualified to drive if, in the opinion of the provider, the condition is likely to impair the ability to control and safely operate a motor vehicle:

(1) Loss of a joint or extremity as a functional defect or limitation.

(2) Impairment of the use of a joint or extremity as a functional defect or limitation.

(i) The provider should inform the patient of the prohibition against driving due to the functional impairment.

(ii) The provider shall inform the Department in writing of the impairment if the condition has lasted or is expected to last longer than 90 days.

(3) Rheumatic, arthritic, orthopedic, muscular, vascular or neuromuscular disease.

(i) The provider should inform the patient of the prohibition against driving due to the functional impairment.

(ii) The provider shall inform the Department in writing of the impairment if the condition has lasted or is expected to last longer than 90 days.

(4) Cerebral vascular insufficiency or cardiovascular disease which, within the preceding 6 months, has resulted in lack of coordination, confusion, loss of awareness, dyspnea upon mild exertion or any other sign or symptom which impairs the ability to control and safely perform motor functions necessary to operate a motor vehicle.

(5) Mental disorder, whether organic or without known organic cause, as described in the current Diagnostic and Statistical Manual of Mental Disorders (DSM) published by the American Psychiatric Association, 1700 18th Street NW, Washington, DC 20009, especially as manifested by the symptoms set forth in subparagraphs (i)—(iii). While signs or symptoms of mental disorder may not appear during examination by the provider, evidence may be derived from the person’s history as provided by self or others familiar with the person’s behavior.

(i) Inattentiveness to the task of driving because of, for example, preoccupation, hallucination or delusion.

(ii) Contemplation of suicide, as may be present in acute or chronic depression or in other disorders.

(iii) Excessive aggressiveness or disregard for the safety of self or others or both, presenting a clear and present danger, regardless of cause.

(6) Periodic episodes of loss of attention or awareness which are of unknown etiology or not otherwise categorized, unless the person has been free from episode for the year immediately preceding, as reported by a licensed physician.

(7) Use of any drug or substance, including alcohol, known to impair skill or functions, regardless whether the drug or substance is medically prescribed.

(8) Other conditions which, in the opinion of a provider, is likely to impair the ability to control and safely operate a motor vehicle.

(c) Driving examination. A person who has any of the conditions enumerated in subsection (b)(1), (2), (3) or (8) may be required to undergo a driving examination to determine driving competency, if the Department has reason to believe that the person’s ability to safely operate a motor vehicle is impaired. The person may be restricted to driving only when utilizing appropriate adaptive equipment.

The provisions of this § 83.5 amended under the Vehicle Code, 75 Pa.C.S. § § 1517, 1518 and 6103.

The provisions of this § 83.5 adopted May 18, 1979, effective May 19, 1979, 9 Pa.B. 1631; readopted April 19, 1991, effective April 12, 1991, 21 Pa.B. 1813; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3748; amended October 8, 2010, effective October 9, 2010, 40 Pa.B. 5813; corrected December 31, 2010, effective December 4, 2010, 41 Pa.B. 46. Immediately preceding text appears at serial pages (352987) to (352989).

Alcoholism

Physicians may render an opinion based on a review of records. Therefore, the physician was justified in formulating a medical opinion based on the information provided by the certified registered nurse practitioner indicating that the petitioner was an alcoholic and the suspension of the petitioner’s license under this regulation was justified. Satler v. Department of Transportation, 670 A.2d 1205 (Pa. Cmwlth. 1996).

A letter from a physician as to the driver’s alcoholism, although hearsay, is admissible and may provide basis to recall an operator’s license. Ploof v. Commonwealth, 590 A.2d 1318 (Pa. Cmwlth. 1991); appeal denied 606 A.2d 903 (Pa. 1992).

A driver’s diabetic condition which was neither unstable nor brittle did not place the driver within this provision and the driver’s physician was not liable to third parties due to the driver’s condition. Crosby v. Sultz, 592 A.2d 1337 (Pa. Super. 1991).

Evidence

If the Department alleges ‘‘lapse of consciousness’’ under 67 Pa. Code § 83.5(a)(4) in its official license recall notice, it must prove this at trial, even though an unspecified ‘‘other condition’’ under subsection (a)(9) may be applicable. Commonwealth v. Kipp, 18 Pa. D. & C.3d 592 (1980).

Certified records of the Department’s medical reports are insufficient proof of incompetency under subsection (a)(9) unless the examining physician is produced as a witness. Commonwealth v. Kipp, 18 Pa. D. & C.3d 592 (Pa. Com. Pl. 1980).

Incompetency

In determining incompetency to drive, the Department may compare a licensed driver’s physician’s report with the standards defining incompetency in subsection (a)(1)—(9), provided a properly qualified person makes the comparison. Commonwealth v. Kipp, 18 Pa. D. & C.3d 592 (1980).

Physicians

For reasons of public safety, it is the physician’s opinion that there is a medical condition sufficient to impair the licensee, and not the specific diagnosis, which is paramount. Commonwealth v. Oswald, 24 D & C 4th 231 (1995).

History

• Authority: The provisions of this Chapter 83 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 83 adopted May 18, 1979, effective May 19, 1979, 9 Pa.

67 Pa. Code § 83.6 Providers to report unqualified persons.

Physicians and other persons authorized to diagnose and treat disorders and disabilities defined by the Medical Advisory Board shall report to the Department, in writing, the full name, date of birth and address of every person 16 years of age and older diagnosed as having any specified disorder or disability within 10 days, under 75 Pa.C.S. § 1518 (relating to reports on mental or physical disabilities or disorders).

The provisions of this § 83.6 issued under the Vehicle Code, 75 Pa.C.S. § § 1517, 1518 and 6103.

The provisions of this § 83.6 adopted July 16, 2004, effective July 17, 2004, 34 Pa.B. 3718.

History

• Authority: The provisions of this Chapter 83 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 83 adopted May 18, 1979, effective May 19, 1979, 9 Pa.

Chapter 84 Dual Control Learner’s Permit

67 Pa. Code § 84.1 Purpose.

The purpose of this chapter is to establish a procedure for issuance of a dual control learner’s permit to a driver or applicant under one of the following circumstances:

(1) The driver failed a driving examination required or authorized under 75 Pa.C.S. § 1514(b) or (c) (relating to expiration and renewal of drivers’ licenses).

(2) The driver’s license has been recalled as authorized under 75 Pa.C.S. § 1519(c) (relating to determination of incompetency).

(3) A nondriver was reported as required under 75 Pa.C.S. § 1518(b) (relating to reports on mental or physical disabilities or disorders) and the health care provider determines that the potential driver may benefit from training only available through a dual control learner’s permit.

The provisions of this § 84.1 amended under 75 Pa.C.S. § § 1504(c), 1505—1507, 1514(b) and (c) and 6103.

The provisions of this § 84.1 amended December 28, 2012, effective December 29, 2012, 42 Pa.B. 7818. Immediately preceding text appears at serial page (248775).

History

• Authority: The provisions of this Chapter 84 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 84 adopted August 13, 1982, effective August 14, 1982, 12 Pa.

67 Pa. Code § 84.1a Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: Dual control motor vehicle—A motor vehicle equipped with a second operable brake pedal and, in the case of a standard transmission, a second operable clutch pedal actuated from the right front passenger seat. Recall—To withdraw by formal action of the Department for an indefinite period the operating privilege of a person for reasons of incompetency.

History

• Authority: The provisions of this Chapter 84 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 84 adopted August 13, 1982, effective August 14, 1982, 12 Pa.

67 Pa. Code § 84.2 Issuance of special learner’s permit.

(a) General rule. Upon application of a driver or applicant, the Department will issue a special learner’s permit authorizing the permittee to drive only a dual control motor vehicle while accompanied by and under the immediate supervision of an instructor of an approved driver training program.

(1) The special learner’s permit will be valid for 12 months. It will be reissuable for an additional 12 months provided the applicant is enrolled and remains enrolled in an approved driver training program. A driver will only be issued two dual control learner’s permits within a 5-year period.

(2) The driver’s operating privileges, which will have been recalled under 75 Pa.C.S. § 1519(c) (relating to determination of incompetency), will be temporarily restored only for the limited purpose and term of the special learner’s permit.

(3) A driver whose license has expired or is suspended will be required to pay the applicable fees before the dual control learner’s permit will be issued to ensure that a license can be issued when all required tests have been passed.

(4) As required under 75 Pa.C.S. § 1508 (relating to examination of applicant for driver’s license), a driver who has not been licensed shall successfully pass the general knowledge test prior to being issued a dual control learner’s permit.

(b) Examination. Upon successful completion of an approved driving training program, the permittee may undergo a driver’s examination no more than three times on one dual control learner’s permit. The driver’s examination will be conducted by a person authorized by the Department. Upon successful completion of the examination, the driver’s operating privilege will be renewed or restored, or a driver’s license will be issued to the applicant.

The provisions of this § 84.2 amended under 75 Pa.C.S. § § 1504(c), 1505—1507, 1514(b) and (c) and 6103.

The provisions of this § 84.2 amended December 28, 2012, effective December 29, 2012, 42 Pa.B. 7818. Immediately preceding text appears at serial pages (248775) to (248776).

History

• Authority: The provisions of this Chapter 84 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 84 adopted August 13, 1982, effective August 14, 1982, 12 Pa.

67 Pa. Code § 84.3 Application.

(a) General rule. A request for a dual control learner’s permit shall be submitted on the appropriate form to the Bureau of Driver Licensing, together with the required fee and letter of enrollment from the approved driver training program.

(b) Retention. Upon issuance, the dual control learner’s permit will be mailed directly to the approved driver training program. The driver training program will retain the dual control learner’s permit. During in-vehicle instruction, the driver trainer will be in possession of the dual control learner’s permit at all times.

(c) Cancellation. Upon removal or withdrawal from the program, the driver trainer will return the dual control learner’s permit to the Department for cancellation.

The provisions of this § 84.3 amended under 75 Pa.C.S. § § 1504(c), 1505—1507, 1514(b) and (c) and 6103.

The provisions of this § 84.3 amended December 28, 2012, effective December 29, 2012, 42 Pa.B. 7818. Immediately preceding text appears at serial page (248776).

History

• Authority: The provisions of this Chapter 84 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 84 adopted August 13, 1982, effective August 14, 1982, 12 Pa.

Chapter 85 Actual Name on Certificate of Title, Driver’s License, and Identification Card

67 Pa. Code § 85.1 Actual name.

‘‘Actual name,’’ as used in 75 Pa.C.S. § 1103(a) (relating to application for certificate of title, contents of) and § 1510(a) and (b) (relating to issuance and content of driver’s license, general rule and identification card), shall mean:

(1) The name assigned to a person at birth.

(2) In the case of a married person, the surname shall be the surname assigned to the person at birth, the surname of the other spouse or a hyphenated combination of both their surnames, whichever the person elects.

(3) In the case of a person whose name had been changed by judicial action, the name appearing in the court order.

(4) In the case of a person who uses a name other than that which would be determined by one of the methods referred to in paragraphs (1)—(3), the name by which such person is and has been known as demonstrated by a Social Security card or record together with documents from at least two of the following categories:

(i) Tax records.

(ii) Selective Service card or records.

(iii) Voter registration card or records.

(iv) Passport.

(v) Any form of identification issued by a governmental agency which contains a photograph of the bearer.

(vi) Baptismal certificate.

(vii) Banking records.

History

• Authority: The provisions of this Chapter 85 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 85 adopted September 22, 1978, effective September 23, 1978, 8 Pa.

Chapter 86 Occupational Limited License

67 Pa. Code § 86.101 Additional information.

(a) The Department may require the submission of additional information or evidence if it is determined that the information provided in a petition for an occupational limited license submitted under 75 Pa.C.S. § 1553(b) (relating to occupational limited license) is ambiguous, incomplete or of questionable veracity.

(b) Additional information or evidence required includes:

(1) Written statements from appropriate individuals verifying employment, study, or medical appointments or treatment.

(2) Proof of vehicle ownership.

(3) Proof of insurance.

(4) A schedule of driving time anticipated under the occupational limited license.

(5) A description or radius of the territory anticipated to be driven under the occupational limited license.

The provisions of this § 86.101 issued under the Vehicle Code, 75 Pa.C.S. § § 1553 and 6103.

The provisions of this § 86.101 adopted March 10, 2006, effective March 11, 2006, 36 Pa.B. 1128.

History

• Authority: The provisions of this § 86.
• Source: The provisions of this Chapter 86 adopted January 30, 2004, effective January 31, 2004, 34 Pa.

67 Pa. Code § 86.102 Investigation.

The Department may conduct its own investigation to verify the information contained in the petition for an occupational limited license or additional information or evidence submitted in accordance with this chapter. Investigation may include contacting employers, school administrators, medical providers or other appropriate individuals.

The provisions of this § 86.102 issued under the Vehicle Code, 75 Pa.C.S. § § 1553 and 6103.

The provisions of this § 86.102 adopted March 10, 2006, effective March 11, 2006, 36 Pa.B. 1128.

History

• Authority: The provisions of this § 86.
• Source: The provisions of this Chapter 86 adopted January 30, 2004, effective January 31, 2004, 34 Pa.

67 Pa. Code § 86.103 Occupational Limited License Affidavit.

The Occupational Limited License Affidavit required under 75 Pa.C.S. § 1553(f)(5) (relating to occupational limited license) to be carried by a driver who has been issued an occupational limited license must include:

(1) The name, address, date of birth and driver license number of the petitioner.

(2) The year, make, model, license plate number and state of registration of every vehicle that will be driven by the petitioner.

(3) The insurance company name, policy number, effective date and expiration date of each insurance policy on every vehicle listed as being driven by the petitioner.

(4) The place of employment, study or medical treatment or appointment for which the occupational limited license is needed.

(5) The hours of operation necessary for travel to the employment, study or medical treatment or appointment.

(6) The name, signature and position of the employer, school administrator or medical provider attesting that the information provided on the form is true and correct.

The provisions of this § 86.103 issued under the Vehicle Code, 75 Pa.C.S. § § 1553 and 6103.

The provisions of this § 86.103 adopted March 10, 2006, effective March 11, 2006, 36 Pa.B. 1128.

History

• Authority: The provisions of this § 86.
• Source: The provisions of this Chapter 86 adopted January 30, 2004, effective January 31, 2004, 34 Pa.

Chapter 87 Special Driver Examinations

67 Pa. Code § 87.1 Purpose.

The purpose of this chapter is to establish rules and procedures for special point examinations as provided for in 75 Pa.C.S. § 1538(a) (relating to school or examination on accumulation of as many as six points for the first time).

The provisions of this § 87.1 adopted May 16, 1980, effective May 17, 1980, 10 Pa.B. 1979; amended May 25, 1990, effective May 26, 1990, 20 Pa.B. 2780. Immediately preceding text appears at serial page (103473).

History

• Authority: The provisions of this Chapter 87 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 87 adopted May 16, 1980, effective May 17, 1980, 10 Pa.

67 Pa. Code § 87.2 Administration of special point examination or driver safety examination/course at military installations.

The special point examination will be conducted by Department personnel or designated agents, except that a driver safety examination or course may be given by qualified personnel at a military installation to any person on active duty in the armed forces of the United States if the active service requires the person to be absent from this Commonwealth.

The provisions of this § 87.2 adopted May 16, 1980, effective May 17, 1980, 10 Pa.B. 1979; amended May 25, 1990, effective May 26, 1990, 20 Pa.B. 2780. Immediately preceding text appears at serial page (103473).

History

• Authority: The provisions of this Chapter 87 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 87 adopted May 16, 1980, effective May 17, 1980, 10 Pa.

67 Pa. Code § 87.3 Content of special point examination.

The special point examination will address knowledge of safe driving practices, Departmental sanctions and related traffic safety issues.

The provisions of this § 87.3 adopted May 16, 1980, effective May 17, 1980, 10 Pa.B. 1979; amended May 25, 1990, effective May 26, 1990, 20 Pa.B. 2780. Immediately preceding text appears at serial page (103473).

History

• Authority: The provisions of this Chapter 87 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 87 adopted May 16, 1980, effective May 17, 1980, 10 Pa.

Chapter 88 Ignition Interlock

67 Pa. Code § 88.101 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Department—The Department of Transportation of the Commonwealth. Provider—A vendor or person who installs and monitors ignition interlock equipment and who has the authority to verify vehicle ownership through access to the Department’s vehicle records system. Unrestricted license—A replacement license issued under 75 Pa.C.S. § 1951(d) (relating to driver’s license and learner’s permit) that does not contain the ignition interlock restriction.

History

• Source: The provisions of this Chapter 88 adopted January 30, 2004, effective January 31, 2004, 34 Pa.

67 Pa. Code § 88.102 Installation of ignition interlock system.

(a) General rule. A person subject to 75 Pa.C.S. § 3805 (relating to ignition interlock) who seeks a restoration of operating privileges shall engage a provider, at the person’s own expense, to install the ignition interlock systems required under 75 Pa.C.S. § 3805, and otherwise ensure compliance with this chapter.

(b) Identification of owned vehicles. The person seeking a restoration of operating privilege under 75 Pa.C.S. § 3805 shall submit to the provider a certification, on a form provided by the Department, that identifies each motor vehicle owned by the person or registered to the person. A vehicle is considered registered to a person under this chapter if Department records reflect that the vehicle is registered to a person or the person is otherwise designated as the registrant of the vehicle or named as the lessee of the vehicle under 75 Pa.C.S. § 1305 (relating to application for registration). The provider shall verify the accuracy of the facts in the person’s certification through an inquiry to the Department’s motor vehicle records system.

(c) Installation and certification. The provider shall install an ignition interlock system on each motor vehicle owned by the person or registered to the person and shall certify to the Department that the installation has been completed.

(d) Installation not required. Installation of an ignition interlock system is not required in the following situations:

(1) No motor vehicles owned or registered. If the person certifies to the provider, on a form provided by the Department, that there are no motor vehicles owned by the person or registered to the person, installation is not required on any motor vehicle.

(2) Inoperable vehicles. If the person certifies to the provider, on a form provided by the Department, that a motor vehicle owned or registered to the person is inoperable, installation is not required on the inoperable vehicle.

(3) Verification. The provider shall verify the accuracy of a certification submitted under paragraph (1) or (2) through an inquiry to the Department’s motor vehicle records system and shall certify to the Department that the person is in compliance with this subsection.

(e) Economic hardship exemption. A person will be exempt from the requirement to install an ignition interlock system on each of the person’s motor vehicles if the person demonstrates that the requirement will result in undue financial hardship.

(1) Undue financial hardship shall be demonstrated only by one of the following:

(i) Evidence on the person’s most recently filed Federal Income Tax return showing an adjusted gross household income below 200% of the poverty guidelines issued for that tax year by the United States Department of Health and Human Services for the person’s family size.

(ii) Documentation of participation in a governmental assistance program included on a list of applicable programs published by the Department in the Pennsylvania Bulletin.

(2) The person shall submit to the provider an application for a hardship exemption on a form provided by the Department along with the required documentation.

(3) The provider shall review the required documentation to confirm that it meets the requirements of paragraph (1).

(4) The provider shall then install an ignition interlock system on only one vehicle owned by the person or registered to the person, forward the application to the Department, and certify to the Department that the person has complied with this section.

This section cited in 67 Pa. Code § 88.103 (relating to maintenance of ignition interlock system); and 67 Pa. Code § 88.104 (relating to removal of ignition interlock system).

History

• Source: The provisions of this Chapter 88 adopted January 30, 2004, effective January 31, 2004, 34 Pa.

67 Pa. Code § 88.103 Maintenance of ignition interlock system.

(a) General rule. The person shall make any vehicles on which an ignition interlock system is installed available for regularly scheduled maintenance by the provider.

(b) Additional vehicles. As part of each regularly scheduled maintenance check of the ignition interlock system, the provider shall, through an inquiry to the Department’s motor vehicle record’s system, verify that no additional vehicles are owned by or registered to the person. Unless the person has been granted an economic hardship exemption under § 88.102(e) (relating to installation of ignition interlock system), if any additional vehicles are owned by or registered to the person, the provider shall, at the person’s expense, install and maintain an ignition interlock system on the vehicles.

(c) Notification of noncompliance. If the person fails to comply with any provision of this section, the provider shall notify the Department of the person’s noncompliance.

History

• Source: The provisions of this Chapter 88 adopted January 30, 2004, effective January 31, 2004, 34 Pa.

67 Pa. Code § 88.104 Removal of ignition interlock system.

(a) General rule. An ignition interlock system installed in a motor vehicle under this chapter may not be removed from the vehicle unless one of the following occurs:

(1) The motor vehicle is no longer owned by or registered to the person who engaged the provider to install the ignition interlock system.

(2) The person has been issued an unrestricted license by the Department under 75 Pa.C.S. § 3805(c) (relating to ignition interlock).

(3) The provider has certified compliance with § 88.102(e) (relating to installation of ignition interlock system) to the Department and the provider has installed an ignition interlock system on another motor vehicle owned by the person or registered to the person.

(4) The person is no longer a resident of this Commonwealth and has been issued a valid license from the state of current residency.

(b) Unauthorized removal. If a person removes an ignition interlock system, or directs a provider to remove an ignition interlock system, under circumstances not provided for in this section, the provider shall notify the Department of the person’s noncompliance.

History

• Source: The provisions of this Chapter 88 adopted January 30, 2004, effective January 31, 2004, 34 Pa.

67 Pa. Code § 88.105 Recall and reissuance of ignition interlock restricted license.

(a) Recall. Upon receipt of notification from a provider of a person’s noncompliance with any provision of this chapter, the Department may recall the person’s ignition interlock restricted license.

(b) Reissuance. After receiving a new certification from a provider of compliance with this chapter by the person, the Department may reissue an ignition interlock restricted license to the person, and the person shall complete the balance of the ignition interlock restricted license period previously imposed before an unrestricted license will be issued.

History

• Source: The provisions of this Chapter 88 adopted January 30, 2004, effective January 31, 2004, 34 Pa.

67 Pa. Code § 88.106 Issuance of unrestricted license.

(a) General rule. Upon completion of the ignition interlock restricted license period, a person who has been issued an ignition interlock restricted license may apply to the Department for issuance of an unrestricted license on a form provided by the Department.

(b) Pending charges. A person applying for an unrestricted license shall notify the Department on the application of any convictions and pending charges of illegally operating a motor vehicle not equipped with an ignition interlock, including all convictions and charges of tampering with an ignition interlock system, in violation of 75 Pa.C.S. § 3808 (relating to illegally operating a motor vehicle not equipped with ignition interlock), for a violation within the preceding 12 months. If the person notifies the Department of a pending charge, or of a conviction that has not yet been reported to and processed by the Department, the Department will deny the application.

(c) Cancellation of unrestricted license. If the Department receives or processes a record of a person’s first conviction of violating 75 Pa.C.S. § 3808 after issuing an unrestricted license to the person, the Department will cancel the person’s unrestricted license and will issue an ignition interlock restricted license to the person after receiving a new certification from a provider of the person’s compliance with this chapter.

History

• Source: The provisions of this Chapter 88 adopted January 30, 2004, effective January 31, 2004, 34 Pa.

67 Pa. Code § 88.107 Issuance of license to a person restricted by another state.

A person who has been issued a license with an ignition interlock restriction by another state, and who is otherwise eligible for issuance of a license under 75 Pa.C.S. § 1508(b) (relating to examination of applicant for driver’s license), may apply for an ignition interlock restricted license from the Department in accordance with this chapter. The person shall become eligible for issuance of an unrestricted license only after serving an ignition interlock restricted license period of 1 year. If the person can provide documentation from the state that initially imposed the ignition interlock restriction satisfactory to the Department showing the amount of time that the person has been subject to the ignition interlock restriction, the person will be given credit against the ignition interlock restricted license period imposed with the Pennsylvania license.

History

• Source: The provisions of this Chapter 88 adopted January 30, 2004, effective January 31, 2004, 34 Pa.

67 Pa. Code § 88.108 Ignition interlock for nonresidents.

A person who is required to comply with 75 Pa.C.S. § 3805 (relating to ignition interlock), but is not a resident of this Commonwealth at the time when the person seeks a restoration of operating privileges, shall submit an affidavit and supporting documents to the Department indicating the person’s state of residence. If the Department determines that the person is not a resident of this Commonwealth and the person has met all other restoration requirements, the person’s driving privilege may be restored. If, however, the person should become a resident of this Commonwealth during the ignition interlock restricted license period, the person will not be issued an unrestricted license until the person complies with 75 Pa.C.S. § 3805 and this chapter.

History

• Source: The provisions of this Chapter 88 adopted January 30, 2004, effective January 31, 2004, 34 Pa.

Chapter 89 Receipt of Driver’s License

67 Pa. Code § 89.1 Purpose.

The purpose of this chapter is to define more fully the requirements of 75 Pa.C.S. § 1541(a) (relating to period of revocation or suspension of operating privilege), by specifying what constitutes receipt of the driver’s license by the Department.

History

• Authority: The provisions of this Chapter 89 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 89 adopted May 16, 1980, effective May 17, 1980, 10 Pa.

67 Pa. Code § 89.2 Physical surrender.

The physical surrender of the driver’s license at any of the offices of the Bureau of Driver Licensing shall constitute receipt by the Department on the actual date of surrender.

History

• Authority: The provisions of this Chapter 89 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 89 adopted May 16, 1980, effective May 17, 1980, 10 Pa.

67 Pa. Code § 89.3 State Police.

The surrender of the driver’s license to any authorized member of the State Police shall constitute receipt by the Department on the actual date of surrender.

History

• Authority: The provisions of this Chapter 89 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 89 adopted May 16, 1980, effective May 17, 1980, 10 Pa.

67 Pa. Code § 89.4 Receipt by mail.

The surrender of the driver’s license by use of the United States Postal Service shall constitute receipt by the Department on the date indicated by the postmark on the envelope in which license was surrendered.

History

• Authority: The provisions of this Chapter 89 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 89 adopted May 16, 1980, effective May 17, 1980, 10 Pa.

Chapter 91 Identification Cards

67 Pa. Code § 91.1 Purpose and authority.

(a) This chapter establishes rules and procedures for issuance of identification cards.

(b) This chapter is authorized by 75 Pa.C.S. § § 1510, 1951 and 6103 (relating to issuance and content of driver’s license; driver’s license and learner’s permit; and promulgation of rules and regulations by department).

The provisions of this § 91.1 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3797; renumbered May 15, 1981, effective May 16, 1981, 11 Pa.B. 1678; amended December 20, 1985, effective December 21, 1985, 15 Pa.B. 4496; readopted July 1, 1988, effective upon publication and applies retroactively to June 4, 1988, 18 Pa.B. 2904. Immediately preceding text appears at serial page (103477).

History

• Authority: The provisions of this Chapter 91 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 91 adopted September 26, 1980, effective September 27, 1980, 10 Pa.

67 Pa. Code § 91.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Camera station—A location designated by the Department where an applicant for renewal, replacement or initial issuance of an identification card may surrender their camera card, have their photograph taken, and receive a photographic identification card. Identification card—A card, issued by the Department to a person, which contains substantially the same content as a driver’s license, but clearly indicates it is not a driver’s license.

The provisions of this § 91.2 issued under the Vehicle Code, 75 Pa.C.S. § § 1510 and 6103.

The provisions of this § 91.2 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3797; renumbered May 15, 1981, effective May 16, 1981, 11 Pa.B. 1678; amended December 20, 1985, effective December 21, 1985, 15 Pa.B. 4496; readopted July 1, 1988, effective upon publication and applies retroactively to June 4, 1988, 18 Pa.B. 2904. Immediately preceding text appears at serial page (103477).

History

• Authority: The provisions of this Chapter 91 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 91 adopted September 26, 1980, effective September 27, 1980, 10 Pa.

67 Pa. Code § 91.3 Eligibility.

To qualify for issuance of an identification card, a person shall:

(1) Be a resident of this Commonwealth.

(2) Be at least 16 years of age.

(3) Not be a licensed Pennsylvania driver, unless the driver’s license is surrendered at the time application is made for the identification card, or the license has been surrendered to the Department due to a definite suspension of at least 1 year.

The provisions of this § 91.3 issued under the Vehicle Code, 75 Pa.C.S. § § 1510 and 6103.

The provisions of this § 91.3 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3797; renumbered May 15, 1981, effective May 16, 1981, 11 Pa.B. 1678; amended December 20, 1985, effective December 21, 1985, 15 Pa.B. 4496; readopted July 1, 1988, effective upon publication and applies retroactively to June 4, 1988, 18 Pa.B. 2904. Immediately preceding text appears at serial page (103478).

History

• Authority: The provisions of this Chapter 91 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 91 adopted September 26, 1980, effective September 27, 1980, 10 Pa.

67 Pa. Code § 91.4 Application.

(a) Pennsylvania licensed drivers. A person in possession of an unexpired Pennsylvania driver’s license, or a Pennsylvania driver’s license containing an expiration date no more than 4 years preceding the date of application, may apply for an identification card on a form furnished by the Department. The form shall be accompanied by the applicant’s latest Pennsylvania driver’s license and the appropriate fee.

(b) Others. Application for an identification card by a person other than specified in subsection (a) shall be made at a driver examination station of this Commonwealth. The applicant shall provide his name, address, date of birth, and a document verifying the applicant’s date of birth and identity. The following are acceptable documents for proving identity and date of birth:

(1) Birth certificate.

(2) Baptismal certificate.

(3) School certificate.

(4) Passport.

(5) Citizenship papers.

(6) Marriage record.

(7) Armed Forces ID card.

(8) Immigration certificate.

(9) Selective service ID card.

(10) Pennsylvania driver’s license.

(11) Pennsylvania identification card.

(12) Pennsylvania camera card.

(c) Camera card. Camera cards shall conform with the following:

(1) Each qualified applicant for issuance, renewal, or replacement of an identification card will be issued a camera card for presentation at a camera station.

(2) A camera card will be valid for the purpose of obtaining a photographic identification card for a period of 60 days from the date of issuance.

(3) The Department may, upon a showing of good cause by the applicant, issue an identification card which does not bear a photograph.

(d) Fee. The fee for an identification card shall be $5.

The provisions of this § 91.4 issued under the Vehicle Code, 75 Pa.C.S. § § 1510 and 6103.

The provisions of this § 91.4 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3797; renumbered May 15, 1981, effective May 16, 1981, 11 Pa.B. 1678; amended December 20, 1985, effective December 21, 1985, 15 Pa.B. 4496; readopted July 1, 1988, effective upon publication and applies retroactively to June 4, 1988, 18 Pa.B. 2904. Immediately preceding text appears at serial pages (103478) and (103479).

History

• Authority: The provisions of this Chapter 91 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 91 adopted September 26, 1980, effective September 27, 1980, 10 Pa.

67 Pa. Code § 91.5 Expiration and renewal.

(a) Expiration. An identification card shall expire on the last day of the month, 4 years from the date of validation by the Department, or upon restoration of the suspended driver’s license of the card holder, whichever occurs first.

(b) Renewal. An identification card may be renewed upon submission of an application furnished by the Department.

The provisions of this § 91.5 issued under the Vehicle Code, 75 Pa.C.S. § § 1510 and 6103.

The provisions of this § 91.5 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3797; renumbered May 15, 1981, effective May 16, 1981, 11 Pa.B. 1678; amended December 20, 1985, effective December 21, 1985, 15 Pa.B. 4496; readopted July 1, 1988, effective upon publication and applies retroactively to June 4, 1988, 18 Pa.B. 2904; corrected July 20, 1990, effective April 5, 1986, 20 Pa.B. 3979. Immediately preceding text appears at serial pages (129331) to (129332).

History

• Authority: The provisions of this Chapter 91 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 91 adopted September 26, 1980, effective September 27, 1980, 10 Pa.

67 Pa. Code § 91.6 Replacement; change in material information.

(a) Replacement. If an identification card is lost, destroyed, or mutilated, a replacement card may be obtained upon submission of an application on a form furnished by the Department, together with a fee of $5.

(b) Error or change in information. If any material information on an identification card is in error or changed from the information originally set forth, the holder may apply to the Department for a corrective endorsement, which will be issued without charge.

The provisions of this § 91.6 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3797; renumbered May 15, 1981, effective May 16, 1981, 11 Pa.B. 1678; amended December 20, 1985, effective December 21, 1985, 15 Pa.B. 4496; readopted July 1, 1988, effective upon publication and applies retroactively to June 4, 1988, 18 Pa.B. 2904. Immediately preceding text appears at serial page (103479).

History

• Authority: The provisions of this Chapter 91 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 91 adopted September 26, 1980, effective September 27, 1980, 10 Pa.

67 Pa. Code § 91.7 Complimentary identification cards.

(a) Eligibility. Where appropriate, and upon completion of the appropriate Departmental form, an identification card will be issued without charge:

(1) When a person voluntarily surrenders his driver’s license to the Department due to his physical or mental condition.

(2) When a person has failed to take or pass a physical, vision, law, or driving examination ordered by the Department in connection with the renewal of a driver’s license. The card will only be issued upon receipt of the person’s driver’s license.

(b) Limitation. After issuance of a complimentary identification card, the person to whom it was issued shall pay the regular fee for renewal or replacement of the card.

The provisions of this § 91.7 issued under the Vehicle Code, 75 Pa.C.S. § § 1510 and 6103.

The provisions of this § 91.7 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3797; renumbered May 15, 1981, effective May 16, 1981, 11 Pa.B. 1678; amended December 20, 1985, effective December 21, 1985, 15 Pa.B. 4496; readopted July 1, 1988, effective upon publication and applies retroactively to June 4, 1988, 18 Pa.B. 2904. Immediately preceding text appears at (103480).

History

• Authority: The provisions of this Chapter 91 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 91 adopted September 26, 1980, effective September 27, 1980, 10 Pa.

67 Pa. Code § 91.8 Return.

(a) Return upon demand. The Department may demand the return of an identification card issued under this chapter if any of the following apply:

(1) The application contained false or fraudulent information.

(2) The card was issued in error.

(3) The card has been used for fraudulent purposes.

(b) Surrender. An identification card shall be surrendered to the Department if one of the following applies:

(1) The holder of the card receives his driver’s license upon expiration of a term of suspension of the license.

(2) The holder makes application at an examining station for a Pennsylvania learner’s permit or driver’s license.

The provisions of this § 91.8 issued under the Vehicle Code, 75 Pa.C.S. § § 1510 and 6103.

The provisions of this § 91.8 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3797; renumbered May 15, 1981, effective May 16, 1981, 11 Pa.B. 1678; amended December 20, 1985, effective December 21, 1985, 15 Pa.B. 4496; readopted July 1, 1988, effective upon publication and applies retroactively to June 4, 1988, 18 Pa.B. 2904. Immediately preceeding text appears at (103480).

History

• Authority: The provisions of this Chapter 91 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 91 adopted September 26, 1980, effective September 27, 1980, 10 Pa.

Chapter 93 Surrender and Cancellation of Driver’s License

67 Pa. Code § 93.1 Purpose; authority.

(a) The purpose of this chapter is to establish a procedure for voluntary surrender of a driver’s license and for cancellation of a minor’s driver’s license upon withdrawal of consent of the driver’s father, mother, guardian, or other person in loco parentis.

(b) This chapter is authorized under 75 Pa.C.S. § 6103(a) (relating to promulgation of rules and regulations by department).

The provisions of this § 93.1 adopted March 27, 1981, effective March 28, 1981, 11 Pa.B. 1099; readopted August 5, 1988, effective upon publication and applies retroactively to June 18, 1988, 18 Pa.B. 3433. Immediately preceding text appears at serial page (111287).

History

• Authority: The provisions of this Chapter 93 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 93 adopted March 27, 1981, effective March 28, 1981, 11 Pa.

67 Pa. Code § 93.2 Voluntary surrender.

(a) Surrender. A person holding a driver’s license issued under the provisions of 75 Pa.C.S. Chapter 15 (relating to licensing of drivers) may voluntarily surrender their driver’s license by forwarding it to the Bureau of Driver Licensing, together with a form prescribed by the Department indicating their desire to surrender the license.

(b) Reissuance. A person who has voluntarily surrendered a driver’s license under this section may apply for reissuance of the license only after a lapse of at least 6 months in the manner set forth in § 93.5 (relating to reissuance procedure).

The provisions of this § 93.2 adopted March 27, 1981, effective March 28, 1981, 11 Pa.B. 1099; readopted August 5, 1988, effective upon publication and applies retroactively to June 18, 1988, 18 Pa.B. 3433. Immediately preceding text appears at serial page (111287).

History

• Authority: The provisions of this Chapter 93 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 93 adopted March 27, 1981, effective March 28, 1981, 11 Pa.

67 Pa. Code § 93.3 Cancellation.

(a) Request for cancellation. A person who has signed the application for a driver’s license or learner’s permit of a person under the age of 18 years may request that the license be cancelled by forwarding the appropriate form to the Bureau of Driver Licensing. Upon receipt of the request for cancellation, the Department will cancel the minor’s driver’s license or learner’s permit.

(b) Reissuance.

(1) The driver’s license or learner’s permit will be reissued:

(i) If the parent with whom the minor resides, the guardian or person in loco parentis, or the minor’s spouse consents to reissuance—if the person consenting is over 18 years of age; or

(ii) When the minor reaches the age of 18.

(2) A reissued learner’s permit will be valid for the length of time which remained on the original permit when it was cancelled.

The provisions of this § 93.3 adopted March 27, 1981, effective March 28, 1981, 11 Pa.B. 1099; amended June 17, 1983, effective June 18, 1983, 13 Pa.B. 1945; readopted August 5, 1988, effective upon publication and applies retroactively to June 18, 1988, 18 Pa.B. 3433. Immediately preceding text appears at serial page (111288).

History

• Authority: The provisions of this Chapter 93 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 93 adopted March 27, 1981, effective March 28, 1981, 11 Pa.

67 Pa. Code § 93.4 No credit toward suspension or revocation of operating privilege.

A person whose driver’s license or learner’s permit has been surrendered or cancelled pursuant to this chapter shall not receive credit toward any suspension or revocation of their operating privilege for time prior to the effective date of any suspension or revocation during which the license was surrendered or cancelled under this chapter.

The provisions of this § 93.4 adopted March 27, 1981, effective March 28, 1981, 11 Pa.B. 1099; readopted August 5, 1988, effective upon publication and applies retroactively to June 18, 1988, 18 Pa.B. 3433. Immediately preceding text appears at serial page (111288).

History

• Authority: The provisions of this Chapter 93 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 93 adopted March 27, 1981, effective March 28, 1981, 11 Pa.

67 Pa. Code § 93.5 Reissuance procedure.

A driver’s license or learner’s permit surrendered or cancelled under this chapter will be reissued only upon application for a replacement license or permit and payment of the required fee.

The provisions of this § 93.5 adopted March 27, 1981, effective March 28, 1981, 11 Pa.B. 1099; amended June 17, 1983, effective June 18, 1983, 13 Pa.B. 1945; readopted August 5, 1988, effective upon publication and applies retroactively to June 18, 1988, 18 Pa.B. 3433. Immediately preceding text appears at serial page (111288).

This section cited in 67 Pa. Code § 93.2 (relating to voluntary surrender).

History

• Authority: The provisions of this Chapter 93 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 93 adopted March 27, 1981, effective March 28, 1981, 11 Pa.

Chapter 94 Alcohol Highway Safety Schools and Driving Under the Influence Program Coordinators

67 Pa. Code § 94.1 Purpose.

The purpose of this chapter is to implement 75 Pa.C.S. § 1549(b) (relating to establishment of schools), which requires every county, multicounty judicial district, or group of counties combined under a single DUI program to establish and maintain a course of instruction regarding the problems associated with alcohol or controlled substance use and driving.

History

• Authority: The provisions of this Chapter 94 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 94 adopted December 8, 2006, effective December 9, 2006, 36 Pa.

67 Pa. Code § 94.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: AHSCS—Alcohol Highway Safety Countermeasure System—A system of deterrence, prevention and intervention strategies used in combination with drug and alcohol treatment programs and legal sanctions to combat DUI. AHSS—Alcohol Highway Safety School—A structured educational program with a standardized curriculum to teach DUI offenders about the problems of alcohol and drug use and driving, attendance at which is mandatory for all convicted DUI first and second offenders and for every person placed on ARD or other preliminary disposition as a result of an arrest for violation of 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance). ARD—Accelerated Rehabilitative Disposition—A pretrial diversion program which offers a person arrested for DUI the opportunity to earn dismissal of the charges, provided the person agrees to certain conditions. Alcohol—Ethanol or ethyl alcohol. CRN—Court Reporting Network—A uniform prescreening evaluation procedure for all DUI offenders to aid and support clinical treatment recommendations offered to the judiciary, prior to sentencing. Controlled substance—Any substance so defined or classified under:

(i) The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § § 780-101—780-143).

(ii) Section 102(6) of the Controlled Substance Act (21 U.S.C.A. § 802(6)).

(iii) 21 CFR Part 1308.11—1308.15 (relating to schedules of controlled substances).

(iv) Any revisions to subparagraph (ii) or (iii) which are published by the Department of Health as notices in the Pennsylvania Bulletin. DUI-Driving under the influence—Driving, operating or being in actual physical control of the movement of any vehicle while under the influence of alcohol or any controlled substance to a degree which renders the person incapable of safe driving as prohibited and punishable under 75 Pa.C.S. § § 3802, 3803 and 3804 (relating to driving under influence of alcohol or controlled substance; grading; and penalties). DUI program coordinator—An individual who serves as the liaison between a county, multicounty judicial district, or group of counties combined under a single DUI program and the Department of Transportation or its designee. Department—The Department of Transportation of the Commonwealth.

History

• Authority: The provisions of this Chapter 94 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 94 adopted December 8, 2006, effective December 9, 2006, 36 Pa.

67 Pa. Code § 94.3 General requirements and objectives.

(a) General requirements. Each county, multicounty judicial district, or group of counties combined under a single DUI program shall establish and maintain an AHSS which provides a course of instruction regarding problems associated with the use of alcohol and controlled substances, and driving. The school program must include the following:

(1) A uniform curriculum as further prescribed by § 94.5 (relating to curriculum), which has an objective to educate students concerning the following:

(i) The relationship of the use of alcohol or controlled substances, or both, to highway safety.

(ii) The effects of the use of alcohol or controlled substances, or both, on social relationships and the family.

(iii) The effects of the use of alcohol or controlled substances, or both, on economic functioning.

(iv) The availability of alcohol and substance abuse programs and counseling.

(2) AHSS instructors who are trained, certified and recertified as prescribed in § 94.10 (relating to AHSS instructor qualification, selection, certification and recertification).

(3) A means of notifying all AHSS students, both orally and in writing, of the provisions of 75 Pa.C.S. § 1543(b) (relating to driving while operating privileges are suspended or revoked).

(4) A DUI program coordinator as specified in § 94.12 (relating to DUI program coordinators).

(5) Classroom space that is conducive to learning, and which is of adequate size to accommodate a maximum of 50 people. The maximum number of students per class may not exceed 25. A building that houses an AHSS classroom must have all of the appropriate local certificate of occupancy permits.

(b) Objectives. The AHSS shall provide students with a basic knowledge and understanding of alcohol and controlled substances and their effects on metabolism and judgment, alcoholism and drug addiction, as well as highway safety, to encourage a positive change in the students’ attitude concerning driving under the influence of alcohol or a controlled substance.

History

• Authority: The provisions of this Chapter 94 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 94 adopted December 8, 2006, effective December 9, 2006, 36 Pa.

67 Pa. Code § 94.4 Mandatory attendance.

A person convicted of a first or second offense violation of 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance), or placed on ARD or other preliminary disposition as a result of an alleged violation of 75 Pa.C.S. § 3802, shall be required to attend, pay all costs and successfully complete an approved AHSS program whether it be as a part of sentencing, as a condition of parole or probation or as a part of ARD, in accordance with 75 Pa.C.S. § 3807 (relating to accelerated rehabilitative disposition).

History

• Authority: The provisions of this Chapter 94 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 94 adopted December 8, 2006, effective December 9, 2006, 36 Pa.

67 Pa. Code § 94.5 Curriculum.

(a) The AHSS curriculum must consist of a minimum of 12 1/2 hours of instruction and include the following core components:

(1) Component one. Component one must introduce the course content, rules, regulations and requirements for successful completion. Administration of the knowledge inventory and an overview of the Commonwealth’s health/legal approach to implementation of an AHSCS shall be presented. The instructional objectives must include:

(i) Providing an understanding of the purpose of the AHSS.

(ii) Explaining the rules, regulations and expectations to the participants for successful completion of the program, as well as the consequences of failure to comply with the rules.

(iii) Creating a classroom environment that fosters active participation and appropriate structure.

(iv) Providing an understanding of the Pennsylvania AHSCS.

(v) Explaining the role of AHSS as a part of the AHSCS.

(vi) Examining Pennsylvania laws regarding DUI.

(vii) Establishing the relationship between driving after drinking alcohol or using drugs, and automobile crashes.

(viii) Providing, in accordance with § 94.9 (relating to notification of possible fine and imprisonment), oral and written notice of the provisions of 75 Pa.C.S. § 1543(b) (relating to driving while operating privilege is suspended or revoked)

(2) Component two. Component two must address basic drug and alcohol information. How drugs and alcohol affect the human body should be presented in an uncomplicated manner. Information about alcohol and drugs that are more frequently combined with driving shall be emphasized during this component. The instructional objectives must include:

(i) Understanding the physiological process of drug and alcohol absorption, metabolism and elimination.

(ii) Examination of the effects of drugs and alcohol on the central nervous system, judgment, muscular control and vision.

(iii) Explanation of behavioral changes associated with the consumption of alcohol and various drugs.

(iv) Description of tests for determining the presence of alcohol and drugs in the human body.

(3) Component three. The instructional objectives for this component must include:

(i) Examination of how alcohol and drug use affects driving skills.

(ii) Recognition that a DUI arrest may be a warning sign of a substance abuse problem.

(iii) Understanding the characteristics of alcohol and drug abuse and addiction.

(4) Component four. The instructional objectives for this component must include:

(i) Recognition of the impact of a DUI arrest on family, employment and friends.

(ii) Understanding the disruption that alcohol and drug abuse has on one’s lifestyle.

(iii) Recognition of the value of family as a support system.

(iv) Identification of local drug and alcohol counseling and treatment services.

(v) Recognition of the importance of alcohol and drug abstinence for some individuals.

(5) Component five. The instructional objectives for this component must include:

(i) Identification of realistic steps to prevent a future DUI.

(ii) Measurement of any knowledge gained or attitudinal changes among participants since the inception of the class.

(iii) Reinforcement of the purpose, availability and locale of treatment and counseling services.

(iv) Provision of an opportunity to evaluate the AHSS and the instructor.

This section cited in 67 Pa. Code § 94.7 (relating to conduct of courses); and 67 Pa. Code § 94.10 (relating to AHSS instructor qualification, selection, certification and recertification).

History

• Authority: The provisions of this Chapter 94 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 94 adopted December 8, 2006, effective December 9, 2006, 36 Pa.

67 Pa. Code § 94.6 AHSS approval; revocation and refusal of approval.

(a) General requirement. Prior to the operation of an AHSS, the DUI program coordinator or the coordinator’s designee shall apply to the Department or its designee, for a letter of approval for each AHSS in the county, multicounty judicial district, or group of counties combined under a single DUI program.

(1) An AHSS which is fully operational on December 9, 2006, shall be permitted 12 months from that date to obtain a letter of approval.

(2) An AHSS must comply with all of the requirements of this chapter to receive a letter of approval. Failure to comply will result in notification to the appropriate court officials, including the president judge and the court administrator, of the failure to comply.

(3) Application for a letter of approval shall be made using forms and procedures prescribed by the Department or its designee.

(b) Expiration of approval. The approval of an AHSS will expire 24 months from the date of issuance of the approval letter, unless a request to renew a letter of approval is filed by the DUI program coordinator or the coordinator’s designee 6 months prior to the lapse.

(c) Entry and inspection. The Department or its designee, will have the right to enter upon the premises and inspect an AHSS at any time for the purpose of determining compliance with this chapter.

(1) The AHSS shall retain attendance rolls, student test records and instructor qualification records for 5 years.

(2) The Department will have access to all records of the AHSS, including other student records provided that disclosure of those records to the Department is not precluded by order of court or applicable laws such as those providing for the confidentiality of medical information.

(d) Revocation or refusal. The Department or its designee may, by written notification to the AHSS, revoke or refuse to issue a letter of approval to operate an AHSS for any of the following:

(1) Failure to comply with any provision of this chapter.

(2) Failure to comply with a directive issued by the Department or its designee following an onsite inspection of an AHSS.

(3) Failure to comply with a directive issued by the Department or its designee as a condition of approval or renewal of a letter of approval.

(e) Corrective measures. Each county, multicounty judicial district, or group of counties combined under a single DUI program shall have 6 months to satisfy directives or conditions issued by the Department or its designee to meet approval to operate an AHSS.

(f) No operation without approval. An AHSS may not operate without a currently valid letter of approval from the Department, except as specified in this section or as otherwise directed, in writing, by the Department.

History

• Authority: The provisions of this Chapter 94 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 94 adopted December 8, 2006, effective December 9, 2006, 36 Pa.

67 Pa. Code § 94.7 Conduct of courses.

(a) Attendance. AHSS students shall complete the AHSS classroom instruction, as described in § 94.5 (relating to curriculum).

(b) Repeating AHSS courses. AHSS students shall repeat the entire AHSS curriculum if they do not satisfy the requirements of subsection (a), except that, with approval of the AHSS instructor, a student may be excused for one component, but not the first component. A student excused from attendance at a component will be required to attend that component during the next available AHSS. If the student fails to attend that component at the subsequent AHSS, the student will be required to repeat the entire curriculum.

(c) Scheduling. Whenever possible, AHSS classes will be scheduled at times that do not conflict with the work schedules of the majority of the students, with classes scheduled for evenings and weekends, if appropriate.

(d) Break periods. Each component of AHSS classroom instruction will have a 15-minute break period or recess, which may not be counted toward the 12 1/2 hour requirement.

History

• Authority: The provisions of this Chapter 94 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 94 adopted December 8, 2006, effective December 9, 2006, 36 Pa.

67 Pa. Code § 94.8 Student records.

The DUI program coordinator or the coordinator’s designee shall keep a complete student record on file for every student attending an AHSS.

(1) Content of student records. A student record must include:

(i) A summary of fees remitted or payments made in conjunction with the AHSS.

(ii) A record of the student’s attendance.

(iii) Court referral documentation or referral recommendations, or both.

(iv) Any correspondence related to the student.

(v) A copy of the 75 Pa.C.S. § 1543(b)(1) (relating to driving while operating privilege is suspended or revoked) notification that is signed and dated by the student.

(2) Custody of AHSS student records. The DUI program coordinator or the coordinator’s designee shall maintain all AHSS student records.

History

• Authority: The provisions of this Chapter 94 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 94 adopted December 8, 2006, effective December 9, 2006, 36 Pa.

67 Pa. Code § 94.9 Notification of possible fine and imprisonment.

AHSS instructors shall provide oral and written notice of the provisions of 75 Pa.C.S. 1543(b) (relating to driving while operating privilege is suspended or revoked) to all AHSS students during the first component of AHSS, in the following manner:

(1) Two copies of a written notice as provided in paragraph (6) shall be distributed to every student during the first component.

(2) The notice shall be read aloud by the AHSS instructor in the presence of all the AHSS students in attendance.

(3) All AHSS students shall sign and date both copies of the notice.

(4) The AHSS instructor shall collect one copy of the signed and dated notice from each AHSS student.

(5) The AHSS instructor shall file the signed and dated copy of the notice in each AHSS student’s record.

(6) The written notice must state the following:

You are hereby notified that, either as a result of your conviction for DUI, or as a condition of acceptance of ARD, Section 1543(b) of the Pennsylvania Consolidated Statutes, Title 75, Vehicles (Vehicle Code) now applies to you.

Section 1543(b) provides that any person who drives a motor vehicle on any highway or trafficway of this Commonwealth at a time when their operating privilege is suspended or revoked either—

(1) as a condition of acceptance of Accelerated Rehabilitative Disposition,

(2) for a violation of Section 3802 or the former section 3731 (relating to driving under the influence of alcohol or controlled substance),

(3) because of a violation of section 1547(b)(1) (relating to suspension for refusal) or

(4) suspended under section 1581 (relating to Driver’s License Compact) for an offense substantially similar to a violation of section 3802 or former section 3731—

shall, upon conviction, be guilty of a summary offense, and shall be sentenced to pay a fine of $500 and be imprisoned for a period of not less than 60 days nor more than 90 days.

In addition to the penalty above, any person who drives a motor vehicle on any highway or trafficway of the Commonwealth when their operating privilege is suspended or revoked for any of the reasons noted above, AND whose blood alcohol by weight is equal to or greater than 0.02% at the time of testing OR whose blood has any amount of a Schedule I or nonprescribed Schedule II or III controlled substance or its metabolite at the time of testing—

(1) for the first conviction shall be guilty of a summary offense and shall be sentenced to pay a fine of $1,000 and be imprisoned for a period of not less than 90 days.

(2) for a second conviction shall be guilty of a misdemeanor of the third degree and shall be sentenced to pay a fine of $2,500 and be imprisoned for a period of not less than six months.

(3) for a third or subsequent conviction shall be guilty of a misdemeanor of the first degree and shall be sentenced to pay a fine of $5,000 and be imprisoned for a period of not less than two years.

These provisions shall apply whether the person is currently serving a suspension, whether the effective date of the suspension or revocation has been deferred, or otherwise until the person has had his/her operating privilege restored. They shall also apply to a revocation under the habitual offenders provisions of section 1542 if any of the enumerated offenses was for a violation of section 3802 or former section 3731 or a substantially similar out of state offense under section 1581.

This signature verifies that I have read and understood the above and have been notified verbally of the consequences of violating Section 1543(b) of the Vehicle Code (75 Pa.C.S. § 1543(b)).

History

• Authority: The provisions of this Chapter 94 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 94 adopted December 8, 2006, effective December 9, 2006, 36 Pa.

67 Pa. Code § 94.10 AHSS instructor qualification, selection, certification and recertification.

(a) Qualifications. Candidates for AHSS instructor certification shall meet the following qualifications and requirements. The candidate shall:

(1) Be at least 21 years of age.

(2) Possess a bachelor’s degree from an accredited college or university.

(3) Possess a valid driver’s license.

(4) Attend and observe the teaching of a complete 12 1/2 hour AHSS course cycle by a certified AHSS instructor.

(5) Be sponsored by the DUI program coordinator or the coordinator’s designee of the county, multicounty, judicial district, or group of counties combined under a single DUI program, in which the candidate will be instructing.

(b) Submission of the names of qualified candidates. The sponsoring DUI program coordinator or the coordinator’s designee shall submit a list of the names of qualified candidates to the Department or its designee utilizing forms and procedures prescribed by the Department or its designee.

(c) AHSS instructor certification. Candidates who are accepted into the AHSS instructor certification process shall complete the following requirements before certification. A candidate shall:

(1) Participate in an approved 2-day AHSS Instructor Certification Training Workshop sponsored by the Department.

(2) Teach a full AHSS curriculum, as prescribed in § 94.5 (relating to curriculum), while under the direct supervision of the DUI program coordinator or the coordinator’s designee. The DUI program coordinator or the coordinator’s designee shall administer pretests and posttests to the AHSS students. The instructor candidate shall document the results of these tests by using standardized reporting forms issued by the Department or its designee.

(3) Document compliance with the uniform AHSS curriculum by the submission of a course outline meeting the minimum core components described in § 94.5 or on standardized forms as deemed appropriate by the Department or its designee.

(4) Send the completed standardized reporting forms to the Commonwealth’s Alcohol Highway Safety Program office of the Department, or to its designee.

(5) Participate in the 1-day AHSS Performance Analysis Workshop when all candidates shall demonstrate their knowledge of alcohol highway safety by scoring 85% or better on tests developed by the Department or its designee.

(d) DUI program coordinator verification. The sponsoring DUI program coordinator or the coordinator’s designee shall verify the AHSS instructor candidate’s satisfactory completion of all requirements on reporting forms issued by the Department or its designee prior to the candidate’s participation in the 1-day AHSS Performance Analysis Workshop.

(e) Recertification.

(1) AHSS instructors shall be recertified every 2 years, in accordance with the following:

(i) Prior to recertification, every AHSS instructor shall have completed 12 credit hours of instruction at Department-approved workshops during the previous 24 months.

(ii) During the second 12 months of an instructor’s existing certification period, the DUI program coordinator or the coordinator’s designee shall observe the instructor teach one complete 12 1/2 hour AHSS course cycle.

(iii) The DUI program coordinator or the coordinator’s designee shall verify that the instructor is adhering to the uniform AHSS curriculum, as prescribed by § 94.5.

(iv) The AHSS instructor shall administer an approved pretest and posttest to the AHSS class during the class cycle which is being observed by the DUI program coordinator or the coordinator’s designee. The results of both tests must be submitted to the DUI program coordinator or the coordinator’s designee.

(v) The DUI program coordinator or the coordinator’s designee shall submit to the Department or its designee, on standardized reporting forms issued by the Department or its designee, verification of the instructor’s satisfaction of, or the failure to satisfy, all of the requirements for recertification, together with a recommendation to grant or deny recertification of the AHSS instructor.

(2) The Department or its designee may waive, substitute or give credit toward any of the requirements for AHSS instructor recertification as specified in this section by offering suitable preannounced programs and workshops for AHSS instructors who qualify for recertification.

History

• Authority: The provisions of this Chapter 94 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 94 adopted December 8, 2006, effective December 9, 2006, 36 Pa.

67 Pa. Code § 94.11 Suspension or revocation of certification.

The Department may, upon good cause shown, suspend or revoke the certification of an AHSS instructor and restrict or prohibit an instructor from participating in a DUI program. The written notice of suspension or revocation will include notice and an opportunity for administrative hearing under Chapter 491 (relating to administrative practice and procedure). This provision does not prevent any county, multicounty judicial district, or group of counties combined under a single DUI program from also taking appropriate action in response to claim of instructor disqualification or misconduct.

History

• Authority: The provisions of this Chapter 94 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 94 adopted December 8, 2006, effective December 9, 2006, 36 Pa.

67 Pa. Code § 94.12 DUI program coordinators.

(a) Requirement. Each county, multicounty judicial district or group of counties combined under a single DUI program shall designate a person to function as a DUI program coordinator.

(b) Appointment. Designation of a DUI program coordinator shall be made by the president judge of the county or multicounty judicial district, or by a consensus of the president judges within a single DUI program area.

(c) Qualifications. DUI program coordinators shall either possess a bachelor’s degree with a major in business administration, business management, chemical addictions, criminal justice, public administration, psychology, social sciences, social work, sociology, education, or a closely related field, or be able to demonstrate at least 2 years of related management or administrative experience, or be able to demonstrate a suitable combination of education and relevant experience to the Department or its designee.

(d) Responsibility for administration of AHSS. The DUI program coordinator shall be responsible for administration of the AHSS, including the following:

(1) The DUI program coordinator shall serve as a liaison between the AHSS and the Department, its designee, or both, for the purposes of planning, implementing and monitoring all DUI related activities which are occurring within the coordinator’s county, multicounty judicial district, or group of counties combined under a single DUI program which are related to the operation of an AHSS.

(2) The DUI program coordinator shall insure that all of the DUI services which are required by 75 Pa.C.S. (relating to Vehicle Code) in conjunction with the operation of the AHSS are made available and are provided in their respective DUI program areas, and that those services are in compliance with all applicable State and local regulations.

(3) The DUI program coordinator shall recommend candidates for certification as AHSS instructors.

(4) The DUI program coordinator shall supervise AHSS instructor candidates during the certification process.

(5) The DUI program coordinator shall ensure that all AHSS instructors are currently certified and administering the AHSS curriculum in compliance with this chapter.

(6) The DUI program coordinator shall maintain documentation relating to the certification of all AHSS instructors within the coordinator’s jurisdiction.

(7) The DUI program coordinator shall submit any AHSS information and data requested by the Department or its designee using forms and procedures specified by the Department.

(8) The DUI program coordinator, within 1 year of appointment to the position as described in subsection (b), shall participate in an approved 2-day AHSS Instructor Certification Training Workshop sponsored by the Department.

(9) The DUI program coordinator shall earn 12 credits every 2 years through the Department’s Alcohol Highway Safety Program sponsored workshops. Six of these credits shall be earned by attending an annual DUI Program Coordinators’ Conference designed and hosted by the Department or its designee specifically for the DUI program coordinators. One hour of class time shall equal one credit. An all-day workshop will provide six credits and a 1/2 day workshop will provide three credits.

(e) DUI program coordinator misconduct. The Department may, upon good cause shown, recommend to the president judge of the court overseeing a DUI program that any DUI program coordinator should be removed, restricted, or otherwise prohibited from participating in any activity under this chapter. This provision does not prevent any county, multicounty judicial district, or group of counties combined under a single DUI program from taking appropriate action in response to claim of DUI program coordinator misconduct.

This section cited in 67 Pa. Code § 94.3 (relating to general requirements and objectives).

History

• Authority: The provisions of this Chapter 94 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 94 adopted December 8, 2006, effective December 9, 2006, 36 Pa.

67 Pa. Code § 94.13 Confidentiality.

The AHSS shall keep all student records confidential and may not disclose them to any person other than the student and the Department. This section does not apply to any notification to the sentencing court, county probation department or State Parole Board. An individual AHSS student may waive these rights by a written explicit and knowing waiver signed by the student in the presence of the DUI program coordinator or the coordinator’s designee.

History

• Authority: The provisions of this Chapter 94 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 94 adopted December 8, 2006, effective December 9, 2006, 36 Pa.

67 Pa. Code § 94.14 Cost.

Cost of attendance at an AHSS shall be in addition to any other penalty required or allowed by law and shall be the responsibility of the attendee. The fee charged for attendance at an AHSS shall be determined independently by each county, multicounty judicial district, or group of counties combined under a single DUI program. A Statewide listing of the fee charged for AHSS in jurisdictions throughout this Commonwealth is available from the Department upon request at no charge. Prospective students of an AHSS may verify the fee for attendance by contacting the particular school for its fee schedule.

History

• Authority: The provisions of this Chapter 94 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 94 adopted December 8, 2006, effective December 9, 2006, 36 Pa.

Chapter 95 Sale, Publication, or Disclosure of Driver, Vehicle and Accident Records and Information

67 Pa. Code § 95.1 Purpose.

This chapter establishes guidelines relating to the sale, publication or disclosure of driver, vehicle and accident records and information to implement 75 Pa.C.S. § § 1955, 1956, 3747, 3751(b), 3753(b) and 6114(b) (relating to information concerning drivers and vehicles; certified copies of record; written report of accident by driver or owner; reports by police; Department to tabulate and analyze accident reports; and limitation on sale, publication and disclosure of records).

History

• Authority: The provisions of this Chapter 95 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 95 adopted August 1, 1980, effective August 2, 1980, 10 Pa.

67 Pa. Code § 95.2 Requests pertaining to specific drivers, vehicles or accidents.

(a) Information pertaining to vehicle security interests, judgment debtors and driving records. Information pertaining to vehicle security interests, judgment debtors and driving records shall be available as follows:

(1) Vehicle security interest information; driving records, including violations, convictions, points, suspensions, revocations, Departmental actions, physical and other examinations, accident involvement information and photocopies of driving record source documents; and, information relating to the status of the registration and operating privileges of a judgment debtor will be available only to:

(i) The owner or driver.

(ii) Persons authorized in writing by the owner or driver.

(iii) Persons authorized by court order.

(iv) Federal, Commonwealth or local governmental agencies, including police, for use in fulfilling legitimate governmental functions.

(v) Persons who have filed a statement acceptable to the Department, certifying the intended use of the record. In the case of driving records, the statement shall be notarized, and shall indicate a legitimate business need for the driving record in connection with a business transaction involving the driver within the meaning of the Fair Credit Reporting Act (15 U.S.C.A. § § 1681—1681t).

(2) Information pertaining to vehicle security interests, driving records and judgment debtors will be provided:

(i) At a fee of $5 per record; except

(ii) Free to:

(A) Commonwealth and local governmental agencies within the Commonwealth.

(B) Agencies of the Federal government and reciprocating states.

(b) Department notices. Department notices will be available as follows:

(1) Photocopies of notices of Departmental actions concerning a driver will be available only to:

(i) The driver.

(ii) Persons authorized in writing by the driver.

(iii) Persons authorized by court order.

(iv) Federal, Commonwealth or local government agencies, including police, for use in fulfilling legitimate governmental functions.

(2) Photocopies of notices of Department actions concerning a driver shall be provided:

(i) At a fee of $5 per record; except

(ii) Free to:

(A) Commonwealth and local governmental agencies within the Commonwealth.

(B) Agencies of the Federal Government and reciprocating states.

(c) Basic driver license and vehicle records. Basic driver license and vehicle records will be available as follows:

(1) Basic driver license information, limited to name, address, Pennsylvania driver’s license number and date of birth; vehicle registration and title information; and, photocopies of vehicle record source documents will be provided:

(i) At a fee of $5.00 per record, form or supporting document; except

(ii) Free to:

(A) Commonwealth and local governmental agencies within the Commonwealth.

(B) Agencies of the Federal government and reciprocating states.

(d) Mass record interrogations. Mass driver license and vehicle registration interrogations will be:

(1) Available only to:

(i) Governmental agencies which meet Department specifications for data processing input and output.

(ii) Persons or agencies under contract to governmental agencies who are engaged in research, traffic safety programs or another program deemed by the Department to be in the public interest. A statement, acceptable to the Department, shall be filed with the Department certifying the purpose and use of the data. Information provided may not be used for the purposes of solicitation, endorsement or the compilation of mailing lists.

(iii) Persons who collect vehicle record data for programs determined by the Department to be in the public interest. An affidavit, acceptable to the Department, shall be filed with the Department certifying the purpose and use of the vehicle record data. Information provided may not be used for the purposes of solicitation, endorsement or the compilation of mailing lists other than for vehicle recall campaigns.

(2) Provided at a fee based on cost of compiling and extracting data except for those agencies as provided in paragraph (1)(i) and (ii), when the Department at its discretion, will set the fee at the cost, including authorized overhead charges, of extracting the records.

(e) Accident reports. Accident records shall be available as follows:

(1) Driver reports filed under 75 Pa.C.S. § 3747 (relating to written report of accident by driver or owner):

(i) Available only to:

(A) The driver or occupant who filed the report.

(B) Persons with power of attorney from the driver or occupant who filed the report.

(C) Governmental agencies for accident prevention purposes or highway safety research.

(D) Persons determined by the Department to be engaged in accident prevention or highway safety research programs.

(ii) Provided at a fee of $5.00 per report, except:

(A) Free to Commonwealth and local governmental agencies within the Commonwealth and agencies of the Federal government.

(B) Twenty-five cents per page for persons described in subparagraph (i)(D).

(2) An accident report certificate indicating that a specified accident report has or has not been filed by a driver or owner in compliance with 75 Pa.C.S. § 3747, including the date, time and location of the accident, the names and addresses of the drivers and the owners of the vehicles involved will be:

(i) Available only to:

(A) A party to a trial, their attorney or the court.

(B) Police or district attorney if a driver is charged with filing a false accident report under 75 Pa.C.S. § 3748 (relating to false reports).

(ii) Provided at a fee of $5.00, except that police and district attorneys shall be furnished copies free of charge.

(3) Police reports filed under 75 Pa.C.S. § 3751 (relating to reports by police) will be:

(i) Available only to:

(A) Federal government, including branches of the military service, Commonwealth agencies and officials of political subdivisions and agencies of other States and nations and their political subdivisions.

(B) Persons who are determined by the Department to be involved in accident prevention or highway safety research programs.

(C) Persons involved in the accident, their attorney, or insurer if they can furnish proof that the accident report is missing or lost and, therefore, unavailable from the reporting police department.

(D) Persons authorized by court order.

(ii) Provided at a fee of $5.00, except:

(A) Free to Commonwealth and local governmental agencies within the Commonwealth.

(B) Twenty-five cents per page for persons as described in subparagraph (i)(B).

(C) Twenty-five cents per page to agencies of the Federal government and other states.

(4) Accident abstract reports indicating name and address of driver and insurer in compliance with 75 Pa.C.S. § 3747(e) will be:

(i) Available only to:

(A) Police or district attorney.

(B) Persons involved in the accident or their attorney or insurer.

(ii) Provided at a fee of $5, except free to police and district attorneys.

History

• Authority: The provisions of this Chapter 95 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 95 adopted August 1, 1980, effective August 2, 1980, 10 Pa.

67 Pa. Code § 95.3 Requests for compilations of data and statistical information.

(a) Availability. Compilations of data and statistical information will be made available at the discretion of the Department, based on the Department’s evaluation of the public interest served by the requested compilation and the ability of the Department to provide the data without undue interference with mandated Department functions.

(b) Fee. A compilation will be priced on the basis of the cost to the Department of compiling the requested data, including authorized overhead charges except when the Department, at its discretion, disseminates the information in the public interest at no charge.

History

• Authority: The provisions of this Chapter 95 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 95 adopted August 1, 1980, effective August 2, 1980, 10 Pa.

67 Pa. Code § 95.4 Highway safety reports.

(a) Availability. Reports prepared specifically for the internal use of the Department in supporting highway safety programs and based, in part, on confidential information—such as, indepth accident reports—will be available only to:

(1) Governmental agencies for accident prevention purposes on highway safety research.

(2) Persons determined by the Department to be involved in accident-prevention or highway safety research programs.

(b) Fees. Fees shall be as follows:

(1) Highway safety reports shall be provided:

(i) Free of charge to:

(A) Commonwealth and local governmental agencies within the Commonwealth, or persons or agencies in accident prevention or highway safety research program under contract with Commonwealth agencies.

(B) Agencies of the Federal government when the report is mandated as a reporting requirement.

(ii) At a price based on the cost of the Department of compiling the report, including authorized overhead charges.

(2) Persons described in subsection (a)(2) may, at the discretion of the Department, review previously prepared reports at the Department offices where they are maintained at no cost.

History

• Authority: The provisions of this Chapter 95 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 95 adopted August 1, 1980, effective August 2, 1980, 10 Pa.

67 Pa. Code § 95.5 Procedures.

(a) Compliance. Requests for information shall be made in compliance with procedures prescribed by the Department, and, when applicable, on Department forms.

(b) Fees. Requests for information shall be accompanied by the applicable fee, unless an account has been established with the Department. If for any reason a request cannot be processed, no refund will be made; when the requestor has an established account, the account of the requestor will be charged.

History

• Authority: The provisions of this Chapter 95 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 95 adopted August 1, 1980, effective August 2, 1980, 10 Pa.

67 Pa. Code § 95.6 Special exemption from fees.

When disclosure of driver, vehicle or accident information is determined by the Department to be necessary in the interest of protecting the health, and safety of residents of this Commonwealth or other states or nations, the Department may exempt the requesting party from any or all fees.

History

• Authority: The provisions of this Chapter 95 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 95 adopted August 1, 1980, effective August 2, 1980, 10 Pa.

67 Pa. Code § 95.7 Penalties.

A requesting party found to have wilfully violated this chapter will be denied further access to the information mentioned in this chapter for a period as will be determined at a Departmental hearing.

History

• Authority: The provisions of this Chapter 95 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 95 adopted August 1, 1980, effective August 2, 1980, 10 Pa.

Chapter 97 Proof of Payment of Federal Heavy Vehicle Use Tax

67 Pa. Code § 97.1 Purpose.

This chapter establishes rules and procedures governing the issuance and renewal of registration for motor vehicles which have a Federal taxable gross weight of at least 55,000 pounds under the Surface Transportation Assistance Act of 1982 (Pub. L. 97-424, 96 Stat. 2097) and 26 CFR 41.6001-2 (relating to proof of payment for state registration purposes).

History

• Authority: The provisions of this Chapter 97 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 97 adopted February 10, 1989, effective February 11, 1989, 19 Pa.

67 Pa. Code § 97.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Agricultural vehicle—A vehicle used primarily in connection with cultivating the soil, or raising or harvesting an agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry and fur-bearing animals and wildlife. As used in this definition ‘‘primarily’’ means more than 1/2 of all mileage. Applicant—A person, as defined in 75 Pa.C.S. § 102 (relating to definitions), in whose name application for vehicle registration is filed. Bureau—Bureau of Motor Vehicles of the Department of Transportation. Heavy vehicle use tax—A tax imposed by the United States (Pub. L. 97-424, 96 Stat. 2177) on vehicles with a taxable gross weight of at least 55,000 pounds. Logging vehicle—A vehicle used exclusively to transport products harvested from a forested site, which may include timber which has been processed for commercial use by sawing into lumber, chipping or other milling operations if the processing occurs prior to transportation from the forested site. Registered gross weight—The maximum gross weight at which a vehicle or combination is registered in this Commonwealth to operate on a highway. Taxable gross weight—The sum of:

(i) The actual unloaded weight of the vehicle.

(ii) The actual unloaded weight of a trailer or semitrailer used in combination with the vehicle.

(iii) The weight of the maximum load carried on the vehicle and on a trailer or semitrailer used in combination with the vehicle. Vehicle—A truck, truck tractor or bus with a registered gross weight of at least 55,000 pounds.

History

• Authority: The provisions of this Chapter 97 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 97 adopted February 10, 1989, effective February 11, 1989, 19 Pa.

67 Pa. Code § 97.3 Vehicle registration.

(a) General rule. Application for registration of a vehicle subject to the heavy vehicle use tax shall be accompanied by proof of payment of the tax as follows:

(1) When the vehicle is owned by the applicant for a period of at least 60 days.

(2) When the vehicle registration is to be renewed.

(3) When the registration plate being transferred to the vehicle is to be renewed.

(b) Temporary registration plates and cards. A dealer, manufacturer, full agent or card agent, authorized by the Department to issue temporary registration cards and plates under § § 43.5 and 43.6 (relating to issuance of temporary registration cards; and issuance of temporary registration plates) shall require proof of payment of the heavy vehicle use tax before issuing a temporary registration card or plate for a vehicle owned for a period of at least 60 days by the applicant. The dealer, manufacturer, card agent or full agent shall attach the proof of payment to the application for registration, and forward them to the Bureau with other documents and fees necessary for the transaction.

History

• Authority: The provisions of this Chapter 97 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 97 adopted February 10, 1989, effective February 11, 1989, 19 Pa.

67 Pa. Code § 97.4 Proof of payment.

(a) Documents. The following documents are acceptable as proof of payment of the heavy vehicle use tax:

(1) An Internal Revenue Service Form 2290, Schedule 1, validated by the Internal Revenue Service.

(2) A completed but unvalidated Internal Revenue Service Form 2290, Schedule 1, accompanied by a copy of both sides of the cancelled check made payable to the Internal Revenue Service.

(3) A letter from the Internal Revenue Service verifying that the tax has been paid.

(b) Modification of proof of payment. If the Internal Revenue Service amends or modifies its regulations relating to the acceptable proof of payment documents, the amendment or modification shall have the effect of amending or modifying this section. The amendment or modification will take effect upon the effective date of the Internal Revenue Service’s amendment or modification unless the Department publishes a notice in the Pennsylvania Bulletin prior to the effective date of the amendment, or within 30 days after the effective date of the amendment, stating that the amendment or modification will not take effect under 75 Pa.C.S. § 6103(d) (relating to promulgation of rules and regulations by department).

History

• Authority: The provisions of this Chapter 97 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 97 adopted February 10, 1989, effective February 11, 1989, 19 Pa.

67 Pa. Code § 97.5 Agricultural and logging vehicles.

Upon the initial registration of a vehicle as an agricultural vehicle or a logging vehicle, the application for registration shall be accompanied by the appropriate form, furnished by the Department, containing a declaration by the owner of the use of the vehicle as an agricultural vehicle or a logging vehicle, as the case may be. Upon registering a vehicle as an agricultural vehicle or a logging vehicle, the Department will indicate that fact in its registration records.

History

• Authority: The provisions of this Chapter 97 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 97 adopted February 10, 1989, effective February 11, 1989, 19 Pa.

67 Pa. Code § 97.6 Grounds for refusing registration.

The Department will refuse to issue registration or renewal of registration for owners or operators of motor vehicles, unless exempted, having a registered gross weight of 55,000 pounds or more that fail to meet the conditions or requirements prescribed by this chapter.

History

• Authority: The provisions of this Chapter 97 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 97 adopted February 10, 1989, effective February 11, 1989, 19 Pa.

Chapter 101 Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic

67 Pa. Code § 101.1 Purpose.

This chapter indicates those persons, other than persons enumerated in 75 Pa.C.S. § 3102 (relating to obedience to authorized persons directing traffic), who are authorized to direct, control or regulate traffic, and prescribes minimum appropriate attire.

The provisions of this § 101.1 amended under the Vehicle Code, 75 Pa.C.S. § § 3102 and 6103.

The provisions of this § 101.1 amended December 30, 2016, effective December 31, 2016, 46 Pa.B. 8185. Immediately preceding text appears at serial page (307393).

History

• Authority: The provisions of this Chapter 101 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 101 adopted October 14, 1977, effective October 15, 1977, 7 Pa.

67 Pa. Code § 101.2 Persons authorized to direct traffic.

Subject to § 212.2 (relating to adoption of Federal standards), which incorporates the Federal Highway Administration’s Manual on Uniform Traffic Control Devices, available at http://mutcd.fhwa.dot.gov, the following persons are authorized to direct, control or regulate traffic:

(1) Traffic control persons on utility, maintenance or construction projects.

(2) Adult school crossing guards for assisting school children across busy or hazardous highways or for assisting the ingress or egress of vehicles to and from a school.

(3) Railroad crossing guards at railroad grade crossings, for purposes of stopping vehicular traffic to permit the safe passage of trains.

(4) Civil defense, National Guard and military police while performing their regular duties or during National or local emergencies.

(5) Personnel of emergency organizations such as fire departments, hospitals, river rescue associations, ambulance associations and personnel of emergency vehicles designated by the State Police under 75 Pa.C.S. § 6106 (relating to designation of emergency vehicles by the Pennsylvania State Police) while performing their duties.

(6) Highway service vehicle personnel of tow trucks and road service vehicles.

(7) Department of Conservation and Natural Resources personnel while performing their official duties.

(8) Persons controlling traffic at authorized parades, processions or other public assemblies.

(9) Persons assisting to improve highway safety by the directing, control or regulation of traffic volumes created by the ingress or egress to or from a commercial, industrial, manufacturing, agricultural, or natural resource or mineral extraction operation.

The provisions of this § 101.2 amended under the Vehicle Code, 75 Pa.C.S. § § 3102 and 6103.

The provisions of this § 101.2 amended January 7, 1994, effective January 8, 1994, 24 Pa.B. 155; amended December 30, 2016, effective December 31, 2016, 46 Pa.B. 8185. Immediately preceding text appears at serial pages (307393) to (307394).

This section cited in 67 Pa. Code § 101.3 (relating to minimum attire); and 67 Pa. Code § 101.4 (relating to emergencies).

History

• Authority: The provisions of this Chapter 101 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 101 adopted October 14, 1977, effective October 15, 1977, 7 Pa.

67 Pa. Code § 101.3 Minimum attire.

This section sets forth the minimum standards for high-visibility safety attire for authorized persons directing, controlling or regulating traffic so that they are more easily distinguishable. Appropriately attired persons including authorized persons directing, controlling or regulating traffic as identified in § 101.2 (relating to persons authorized to direct traffic) shall wear high-visibility safety attire that is intended to provide conspicuity during daytime and nighttime usage and that meets the requirements of the Manual on Uniform Traffic Control Devices incorporated by § 212.2 (relating to adoption of Federal standards).

The provisions of this § 101.3 amended under the Vehicle Code, 75 Pa.C.S. § § 3102 and 6103.

The provisions of this § 101.3 amended under January 7, 1994, effective January 8, 1994, 24 Pa.B. 155; amended December 30, 2016, effective December 31, 2016, 46 Pa.B. 8185. Immediately preceding text appears at serial pages (307394) and (296579).

History

• Authority: The provisions of this Chapter 101 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 101 adopted October 14, 1977, effective October 15, 1977, 7 Pa.

67 Pa. Code § 101.4 Emergencies.

(a) A person at the scene of an emergency may temporarily direct traffic, with or without being properly attired, until an authorized person as identified in § 101.2 (relating to persons authorized to direct traffic) or 75 Pa.C.S. § 3102 (relating to obedience to authorized persons directing traffic) arrives.

(b) An emergency as used in subsection (a) means an unplanned or unforeseen incident that warrants an immediate action to direct, control or regulate traffic to minimize threats to public health or public safety.

The provisions of this § 101.4 amended under the Vehicle Code, 75 Pa.C.S. § § 3102 and 6103.

The provisions of this § 101.4 amended December 30, 2016, effective December 31, 2016, 46 Pa.B. 8185. Immediately preceding text appears at serial page (296579).

History

• Authority: The provisions of this Chapter 101 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 101 adopted October 14, 1977, effective October 15, 1977, 7 Pa.

Chapter 102 Child Passenger Protection

67 Pa. Code § 102.101 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Child booster seat—A belt positioning seat designed and manufactured to meet Federal motor vehicle safety standards in 49 CFR 571.213 (relating to child restraint systems) to position a child to properly sit in a Federally- approved safety seat belt system. Child passenger restraint system—

(i) A device or system to enhance the safety of children in motor vehicles which is designed and manufactured for use in motor vehicles equipped with a safety seat belt system and which meets the Federal motor vehicle safety standards in 49 CFR 571.213.

(ii) The term includes a child booster seat. Department—The Department of Transportation of the Commonwealth. Safety seat belt system—Any strap, webbing or similar device designed to secure a person in a motor vehicle to mitigate the results of any accident, including buckles, fasteners and all installation hardware as specified by 49 CFR 571.209 (relating to Standard No. 209; seat belt assemblies).

History

• Authority: The provisions of this chapter 102 adopted under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 102 adopted March 28, 2003, effective March 29, 2003, 33 Pa.

67 Pa. Code § 102.102 Physical criteria for the use of child passenger restraint system.

(a) General criteria. Children under 4 years of age shall be securely fastened in a safety seat belt system and a child passenger restraint system appropriate for their height and weight in accordance with the recommendations of the manufacturer. Children 4 years of age but younger than 8 years of age shall be securely fastened in a safety seat belt system and an appropriately fitting child booster seat in accordance with the recommendations of the manufacturer.

(b) Exemption based on child’s weight or height, or on vehicle characteristics. Exemption from the general criteria in subsection (a) is as follows:

(1) Children 4 years of age but younger than 8 years of age who weigh less than 40 pounds may, in lieu of use of a booster seat, be securely fastened in a child passenger restraint system appropriate for their height and weight in accordance with the recommendations of the manufacturer.

(2) Children 4 years of age but younger than 8 years of age riding in a passenger position in the vehicle which was not originally equipped with a shoulder safety seat belt shall be fastened in the safety seat belt system without the use of a child booster seat or may be fastened in a child passenger restraint system appropriate for their height and weight in accordance with the recommendations of the manufacturer.

(3) Children 4 years of age but younger than 8 years of age who weigh more than 80 pounds or who are of a height of 4 feet 9 inches or taller may be fastened in the safety seat belt system without the use of a child booster seat.

(c) Integrated child restraint or booster seat. The requirements of this chapter may be satisfied by securing a child, in accordance with the recommendations of the manufacturer, in a child passenger restraint system or vehicle seat designed to accommodate children under 80 pounds, which is integrated into the design of the vehicle by the vehicle manufacturer.

History

• Authority: The provisions of this chapter 102 adopted under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 102 adopted March 28, 2003, effective March 29, 2003, 33 Pa.

67 Pa. Code § 102.103 Medical exemption from use of child passenger restraint system.

(a) Exemption from the use of a child passenger restraint system for medical reasons may be obtained upon written certification by a physician that use of a child passenger restraint system is impractical. The certification must be made on a form developed by the Department which will require the following information:

(1) The physician’s name and practice address.

(2) The date the form was completed.

(3) The name, age and weight of the child.

(4) The medical or physical reasons that the use of a particular child passenger restraint system or systems is impractical.

(5) A recommendation of the type of passenger restraint the child should be fastened into or a statement that no appropriate passenger restraint system is known.

(6) A recommendation regarding the length of time the exemption should extend, or a statement of the conditions under which the exemption should be lifted.

(7) Other information deemed relevant by the physician, such as whether the child can be fastened into the child passenger restraint system but for only limited periods of time.

(b) The completed form must be in the possession of the vehicle operator or other adult traveling with the child whenever the child is being transported.

History

• Authority: The provisions of this chapter 102 adopted under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 102 adopted March 28, 2003, effective March 29, 2003, 33 Pa.

Chapter 104 School Bus Loading Zones

67 Pa. Code § 104.1 Purpose.

This chapter establishes standards for school bus loading zones along highways in accordance with 75 Pa.C.S. § 3345(h) (relating to meeting or overtaking school bus).

History

• Authority: The provisions of this Chapter 104 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 104 adopted July 31, 1981, effective August 1, 1981, 11 Pa.

67 Pa. Code § 104.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise: Local authorities—County, municipal and other local boards and bodies having authority to enact laws relating to traffic. Separate roadway—One roadway of a highway divided into two or more roadways and so constructed as to impede vehicular traffic between the roadways by providing a physical barrier or a clearly indicated dividing section; pavement markings or singing divisors between the roadways may not be construed as creating separate roadways.

Separate Roadways

Two painted yellow lines which separate the northbound and southbound lanes of a highway do not create ‘‘separate roadways’’ as contemplated by 75 Pa.C.S. § 3345(g). A driver on such a highway, approaching an oncoming school bus with its red signal lights flashing, must stop as required by the Motor Vehicle Code. Commonwealth v. Russell, 784 A.2d 165 (Pa. Super. 2001); appeal denied at 796 A.2d 981 (Pa. 2002).

History

• Authority: The provisions of this Chapter 104 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 104 adopted July 31, 1981, effective August 1, 1981, 11 Pa.

67 Pa. Code § 104.3 Standards.

(a) Off-roadway loading zones. A school bus loading zone should be established off the roadway whenever possible, provided the following items are satisfied:

(1) There is an area of sufficient width to safely accommodate both the bus and students.

(2) Students to be received or discharged either reside or walk to or from the loading zone on the same side of the roadway as the loading zone or are afforded the protection of a traffic signal, stop sign, uniformed police officer, or other appropriately attired person—such as a school crossing guard—authorized to direct, control or regulate traffic.

(3) The loading zone can withstand daily use by a school bus.

(4) If the loading zone is on private property, permission is obtained from the owner or other person in charge or possession of the property.

(5) If the loading zone is within the highway right-of-way, approval is obtained from the local authorities.

(b) On-roadway loading zones. If it is not possible or practical to establish a school bus loading zone off the roadway, the loading zone should be located to optimize driver sight distance to the school bus in both directions. Outside a business or residence district, the required sight distance to a school bus stopped on the roadway shall be a minimum of 500 feet unless:

(1) The school district chooses a location for a loading zone with a lower sight distance because it is safer for the school bus to stop at this location than it is for the student to walk to a location that satisfies the 500-foot sight distance requirements.

(2) The local authorities as defined in 75 Pa.C.S. § 102 (relating to definitions) approve the location chosen by the school district. See § 15.3 (relating to special operating privileges).

(c) Separate roadways. A school bus loading zone may be established on a separate roadway only at the following locations:

(1) Where the students to be received or discharged reside on the same side of the roadway as the school bus loading zone.

(2) At or near a signalized intersection where students walking across the separate roadway to the school bus loading zone are afforded the protection of the traffic signal.

(3) At or near an intersection where traffic on the separate roadway is required to stop for a stop sign.

(4) At or near an intersection or other place where students walking across the separate roadway are afforded the protection of a uniformed police officer or other appropriately attired person—such as a school crossing guard—authorized to direct, control or regulate traffic.

(d) Backing of school bus. If a school bus is required to back in the vicinity of a loading zone, the pupils to be received or discharged shall be on the bus during the backing.

(e) Use of visual signals. The red and amber visual signals may not be actuated in an off-roadway loading zone.

The provisions of this § 104.3 amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2797. Immediately preceding text appears at serial page (63681).

Government Liability

Although plaintiff properly pleaded a breach by the Board of its duty under this section to establish safe school bus loading zones, such a breach does not fall within one of the exceptions to governmental immunity set forth at 42 Pa.C.S. § 8542(b). Bryson v. Solomon, 510 A.2d 377 (Pa. Cmwlth. 1986); appeal denied 548 A.2d 257 (Pa. 1988).

On Roadway Loading Zone

The trial court was correct in concluding that the bus stop in question was an ‘‘on-roadway’’ loading zone, and that the school district did not violate its statutory duty in creating said zone as the testimony and exhibits revealed it was neither practical or possible to maintain the stop as an ‘‘off-roadway’’ loading zone. Accordingly, as no common law or statutory cause of action for which damages would be recoverable existed against the school district following the school bus running over a child. Dunaway v. Southeastern School District, 676 A.2d 1281 (Pa. Cmwlth. 1996); appeal denied 688 A.2d 173 (Pa. 1997).

This section cited in 67 Pa. Code § 15.3 (relating to special operating privileges).

History

• Authority: The provisions of this Chapter 104 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 104 adopted July 31, 1981, effective August 1, 1981, 11 Pa.

Chapter 107 Motorcycle Helmets

67 Pa. Code § 107.1 Scope.

This chapter establishes minimum performance requirements for helmets designed for use by motorcyclists and other motor vehicle users.

History

• Authority: The provisions of this Chapter 107 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 107 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 107.2 Purpose.

The purpose of this chapter is to reduce deaths and injuries to motorcyclists and other motor vehicle users resulting from head impacts.

History

• Authority: The provisions of this Chapter 107 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 107 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 107.3 Application.

This chapter shall apply to helmets designed for use by motorcyclists and other motor vehicle users. The requirements of this chapter shall apply to all helmets that can be placed on the size C headform using normal fitting procedures. Helmets that cannot be placed on the size C headform shall not be covered by this chapter until it is extended to those sizes by further amendment.

The provisions of this § 107.3 amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4192.

History

• Authority: The provisions of this Chapter 107 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 107 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 107.4 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Basic plane—A plane through the centers of the right and left external ear openings and the lower edge of the eye sockets, as shown in Figure 1 of Appendix A, of a reference headform, as shown in Figure 2 of Appendix A or test headform. Helmet positioning index—The distance in inches, as specified by the manufacturer, from the lowest point of the brow opening at the lateral midpoint of the helmet to the basic plane of a reference headform, when the helmet is firmly and properly positioned on the reference headform. Midsagittal plane—A longitudinal plane through the apex of a reference headform or test headform that is perpendicular to the basic plane, as shown in Figure 3 of Appendix A. Reference headform—A measuring device contoured to the dimensions of one of the four headforms described in Appendix A of this chapter with surface markings indicating the locations of the basic, midsagittal, and reference planes, and the centers of the external ear openings. Reference plane—A plane above and parallel to the basic plane on a reference headform or test headform, as shown in Figure 2 of Appendix A, at the distance indicated in the Appendix A. Retention system—The complete assembly by which the helmet is retained in position on the head during use. Test headform—A test device contoured to the dimensions of one of the four reference headforms described in Appendix A for all surface areas that contact the helmet, with surface markings indicating the locations of the basic, midsagittal and reference planes.

Helmet Coverage

A motorcycle helmet must cover at least to the center of the ear. Commonwealth v. Hull, 705 A.2d 911 (Pa. Super. 1998); appeal denied, 725 A.2d 179 (Pa. 1998).

Vagueness

Although the language of this regulation is complex, complicated and requires careful deliberation on the part of motorcyclists, the language is not vague. Commonwealth v. Hull, 705 A.2d 911 (Pa. Super. 1998).

History

• Authority: The provisions of this Chapter 107 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 107 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 107.5 Requirements.

Each helmet shall meet the requirements of subsections (a)—(c) when subjected to any conditioning procedure specified in § 107.6(c) (relating to preliminary test procedures) and tested in accordance with § 107.7 (relating to test conditions).

(a) Impact attenuation. When an impact attenuation test is conducted in accordance with § 107.7(a), all of the following requirements shall be met:

(1) peak accelerations shall not exceed 400g;

(2) accelerations in excess of 200g shall not exceed a cumulative duration of 2.0 milliseconds; and

(3) accelerations in excess of 150g shall not exceed a cumulative duration of 4.0 milliseconds.

(b) Penetration. When a penetration test is conducted in accordance with § 107.7(b), the striker shall not contact the surface of the test headform.

(c) Retention system. Requirements of the retention system shall be as follows:

(1) When tested in accordance with the provisions of § 107.7(c), all of the following apply:

(i) The retention system or its components shall attain the loads specified without separation.

(ii) The adjustable portion of the retention system test device may not move more than 1 inch measured between preliminary and test load positions.

(2) When the retention system consists of components which can be independently fastened without securing the complete assembly, each such component shall independently meet the requirements of paragraph (1).

(d) Configuration. Each helmet shall have a protective surface of continuous contour at all points on or above the test line described in § 107.6(c). The helmet shall provide peripheral vision clearance of at least 105° to each side of the midsagittal plane, when the helmet is adjusted as specified in § 107.6(b). The vertex of these angles, shown in Figure 3 of Appendix A, shall be at the point on the anterior surface of the reference headform at the intersection of the midsagittal and basic planes. The brow opening of the helmet shall be at least one inch above all points in the basic plane that are within the angles of peripheral vision. See Figure 3 of Appendix A.

(e) Projections. A helmet shall not have any rigid projections inside its shell. Rigid projections outside any helmet’s shell shall be limited to those required for operation of essential accessories, and shall not protrude more than 0.19 inch.

(f) Labeling. Each helmet shall be permanently and legibly labeled, in a manner such that the labels can be easily read without removing padding or any other permanent part, with the following:

(1) Name or identification of manufacturer.

(2) Precise model designation.

(3) Size.

(4) Month and year of manufacture. This may be spelled out, for example, June 1974, or expressed in numerals, for example, 6/74.

(5) The symbol ‘‘DOT,’’ constituting the certification of the manufacturer that the helmet conforms to the applicable Federal Motor Vehicle Safety Standards. This symbol shall appear on the outer surface, in a color that contrasts with the background, in letters at least 3/8 inch high, centered laterally approximately 1 1/4 inches from the bottom edge of the posterior portion of the helmet.

(6) Instruction to the purchaser as follows:

‘‘Shell and liner constructed of (identify type(s) of materials).

‘‘Helmet can be seriously damaged by some common substances without damage being visible to the user. Apply only the following: (Recommended cleaning agents, paints, adhesives, and so forth, as appropriate).

‘‘Make no modifications. Fasten helmet securely. If helmet experiences a severe blow, return it to the manufacturer for inspection, or destroy and replace it.’’ On an attached tag, brochure, or other suitable means, any additional, relevant safety information should be supplied at the time of purchase.

(g) Helmet positioning index. Each manufacturer of helmets shall establish a positioning index for each helmet he manufactures. This index shall be furnished immediately to any person who requests the information, with respect to a helmet identified by manufacturer, model designation and size.

Violation Found

Motorcyclists who readily admitted that his helmet did not have the required labeling information under this regulation could be convicted of violating 75 Pa.C.S. § 3525. Commonwealth v. Hull, 705 A.2d 911 (Pa. Super. 1998); appeal denied, 725 A.2d 179 (Pa. 1998).

Violations

Appellant could be charged and convicted of violating 75 Pa.C.S. § 3535 because his motorcycle helmet did not conform to the standards promulgated by the Department of Transportation in this regulation. Commonwealth v. Hull, 705 A.2d 911 (Pa. Super. 1998); appeal denied, 725 A.2d 179 (Pa. 1998).

History

• Authority: The provisions of this Chapter 107 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 107 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 107.6 Preliminary test procedures.

Before subjecting a helmet to the testing sequence specified in § 107.7 (relating to test conditions), prepare it according to the following procedures.

(a) Reference marking. Reference marking shall be conducted as follows:

(1) Use a reference headform that is firmly seated with the basic and reference planes horizontal. Place the complete helmet to be tested on the reference headform of the largest size specified in Appendix A whose circumference is not greater than the internal circumference of the headband when adjusted to its largest setting or, if no headband is provided, to the corresponding interior surface of the helmet.

(2) Apply a 10 pound static load normal to the apex of the helmet. Center the helmet laterally and seat it firmly on the reference headform according to its helmet positioning index.

(3) Maintaining the load and position described in paragraph (2), draw a line, hereinafter referred to as ‘‘test line,’’ on the outer surface of the helmet coinciding with portions of the intersection of that surface with the following planes, as shown in Figure 2 of Appendix A:

(i) A plane 1 inch above and parallel to the reference plane in the anterior portion of the reference headform.

(ii) A vertical transverse plane 2.5 inches behind the point on the anterior surface of the reference headform at the intersection of the midsagittal and reference planes.

(iii) The reference plane of the reference headform.

(iv) A vertical transverse plane 2.5 inches behind the center of the external ear opening in a side view.

(v) A plane one inch below and parallel to the reference plane in the posterior portion of the reference headform.

(b) Helmet positioning. Prior to each test, fix the helmet on a test headform in the position that conforms to its helmet positioning index. Secure the helmet so that it does not shift position prior to impact or to application of force during testing. In testing as specified in § 107.7(a) and (b), place the retention system in a position such that it does not interfere with free fall, impact or penetration.

(c) Conditioning. Immediately prior to conducting the testing sequence specified in § 107.7, condition each test helmet in accordance with any one of the following procedures:

(i) Ambient conditions. Expose to a temperature of 70° F and a relative humidity of 50% for 12 hours.

(ii) Low temperature. Expose to a temperature of 14° F for 12 hours.

(iii) High temperature. Expose to a temperature of 122° F for 12 hours.

(iv) Water immersion. Immerse in water at a temperature of 77° F for 12 hours.

If during testing, the time out of the conditioning environment for a test helmet exceeds 5 minutes, return the helmet to the conditioning environment for a minimum of 3 minutes for each minute out of the conditioning environment or 12 hours, whichever is less, prior to resumption of testing.

This section cited in 67 Pa. Code § 107.5 (relating to requirements); and 67 Pa. Code § 107.7 (relating to test conditions).

History

• Authority: The provisions of this Chapter 107 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 107 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 107.7 Test conditions.

(a) Impact attenuation test. Requirements for impact attenuation testing are as follows:

(1) Impact attenuation shall be measured by determining acceleration imparted to an instrumented test headform on which a complete helmet is mounted as specified in § 107.6(b) (relating to preliminary test procedures), when it is dropped in guided free fall upon fixed hemispherical and flat steel anvils.

(2) Each helmet shall be impacted at four sites with two successive, identical impacts at each site. Two of these sites shall be impacted upon a flat steel anvil and two upon a hemispherical steel anvil as specified in paragraphs (7) and (8). The impact sites shall be at any point on the area above the test line described in § 107.6(a)(3) and separated by a distance not less than 1/6 of the maximum circumference of the helmet.

(3) The guided free fall drop heights for the helmet and test headform combination onto the hemispherical anvil and flat anvil shall be 54.5 inches and 72 inches, respectively.

(4) Test headforms for impact attenuation testing shall be constructed of magnesium alloy, K-1A, and shall exhibit no resonant frequencies below 3,000 hertz.

(5) Weight of the drop assembly, as specified in Table I of Appendix A, shall be the combined weight of the instrumented test headform and supporting assembly for the drop test. The weight of the supporting assembly shall not exceed 20% of the weight of the drop assembly. The center of gravity of the combined test headform and supporting assembly shall lie within a cone with its axis vertical and forming a 10° included angle with the vertex at the point of impact.

(6) The acceleration transducer shall be mounted at the center of gravity of the combined test headform and supporting assembly with the sensitive axis aligned to within 5° of vertical when the test headform is in the impact position. The acceleration data channel shall comply with SAE Recommended Practice J211 requirements for channel class 1,000.

(7) The flat anvil shall be constructed of steel with a 5 inch minimum diameter impact face, and the hemispherical anvil shall be constructed of steel with a 1.9 inch radius impact face.

(8) The rigid mount for both of the anvils shall consist of a solid mass of at least 300 pounds, the outer surface of which consists of a steel plate with minimum thickness of one inch and minimum surface area of 1 square foot.

(b) Penetration test. Requirements for penetration testing are as follows:

(1) The penetration test shall be conducted by dropping the penetration test striker in guided free fall, with its axis aligned vertically, onto the outer surface of the complete helmet, when mounted as specified in § 107.6(b), at any point above the test line, described in § 107.6(a)(3), except on a fastener or other rigid projection.

(2) Two penetration blows shall be applied at least 3 inches apart, and at least 3 inches from the centers of any impacts applied during the impact attenuation test.

(3) The height of the guided free fall shall be 118.1 inches, as measured from the striker point to the impact point on the outer surface of the test helmet.

(4) The contractable surfaces of the penetration test headforms shall be constructed of a metal or metallic alloy having a Brinell hardness number no greater than 55, which shall readily permit detection should contact by the striker occur. The surface shall be refinished if necessary prior to each penetration test blow to permit detection of contact by the striker.

(5) The weight of the penetration striker shall be 6 pounds, 10 ounces.

(6) The point of the striker shall have an included angle of 60°, a cone height of 1.5 inches, a tip radius of 0.019 inch, standard 0.5 millimeter radius and a minimum hardness of 60 Rockwell, C-scale.

(7) The rigid mount for the penetration test headform shall be as described in subsection (a)(8).

(c) Retention system test. Requirements for retention system testing are as follows:

(1) The retention system test is conducted by applying a static tensile load to the retention assembly of a complete helmet, which is mounted, as described in § 107.6(b), on a stationary test headform as shown in Figure 4 of Appendix A, and by measuring the movement of the adjustable portion of the retention system test device under tension.

(2) The retention system test device consists of both an adjustable loading mechanism by which a static tensile load is applied to the helmet retention assembly and a means for holding the test headform and helmet stationary. The retention assembly is fastened around two freely moving rollers, both of which have a 0.5 inch diameter and a 3 inch center-to-center separation, and which are mounted on the adjustable portion of the tensile loading device, as shown in Figure 4 of Appendix A. The helmet is fixed on the test headform as necessary to ensure that it does not move during the application of the test loads to the retention assembly.

(3) A 50 pound preliminary test load is applied to the retention assembly, normal to the basic plane of the test headform and symmetrical with respect to the center of the retention assembly for 30 seconds, and the maximum distance from the extremity of the adjustable portion of the retention system test device to the apex of the helmet is measured.

(4) An additional 250 pound test load is applied to the retention assembly, in the same manner and at the same location as described in paragraph (3), for 120 seconds, and the maximum distance from the extremity of the adjustable portion of the retention system test device to the apex of the helmet is measured.

This section cited in 67 Pa. Code § 107.5 (relating to requirements); and 67 Pa. Code § 107.6 (relating to preliminary test procedures).

TABLE I.—Weights for impact attenuation test drop assembly

This appendix cited in 67 Pa. Code § 107.4 (relating to definitions); 67 Pa. Code § 107.5 (relating to requirements); 67 Pa. Code § 107.6 (relating to preliminary test procedures); and 67 Pa. Code § 107.7 (relating to test conditions).

History

• Authority: The provisions of this Chapter 107 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 107 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

Chapter 153 Lamps, Reflective Devices and Associated Equipment

67 Pa. Code § 153.1 Purpose and scope.

This chapter specifies requirements for original and replacement lamps, reflective devices and associated equipment necessary for signaling and for the safe operation of motor vehicles during darkness and other conditions of reduced visibility.

History

• Authority: The provisions of this Chapter 153 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 153 adopted May 26, 1978, effective May 27, 1978, 8 Pa.

67 Pa. Code § 153.2 Application.

This chapter shall apply to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers (except pole trailers and trailer converter dollies) and motorcycles, and to lamps, reflective devices, and associated equipment for replacement of like equipment on vehicles to which this chapter applies.

History

• Authority: The provisions of this Chapter 153 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 153 adopted May 26, 1978, effective May 27, 1978, 8 Pa.

67 Pa. Code § 153.3 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Flash—A cycle of activation and deactivation of a lamp by automatic means continuing until stopped either automatically or manually. Speed attainable in one mile—The speed attainable by accelerating at maximum rate from a standing start for 1 mile on a level surface.

History

• Authority: The provisions of this Chapter 153 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 153 adopted May 26, 1978, effective May 27, 1978, 8 Pa.

67 Pa. Code § 153.4 Requirements.

(a) Required motor vehicle lighting equipment. Required equipment shall be as follows:

(1) Except as provided in succeeding subparagraphs, each vehicle shall be equipped with at least the number of lamps, reflective devices, and associated equipment specified in Tables I and III of Appendix A, as applicable. Required equipment shall be designed to conform to the SAE Standards or Recommended Practices referenced in those tables. Table I of Appendix A shall apply to multipurpose passenger vehicles, trucks, trailers, and buses, 80 or more inches in overall width. Table III of Appendix A shall apply to passen- ger cars and motorcycles and to multipurpose passenger vehicles, trucks, trailers, and buses, less than 80 inches in overall width.

(i) A truck tractor need not be equipped with turn signal lamps mounted on the rear if the turn signal lamps at or near the front are so constructed, double-faced and so located that they meet the requirements for double-faced turn signals specified in SAE Standard J588e, ‘‘Turn Signal Lamps,’’ September 1970.

(ii) A truck tractor need not be equipped with any rear side marker devices, rear clearance lamps, and rear identification lamps.

(iii) Intermediate side marker devices shall not be required on vehicles less than 30 feet in overall length.

(iv) Reflective material conforming to Federal Specification L-S-300, ‘‘Sheeting and Tape, Reflective; Nonexposed Lens, Adhesive Backing,’’ September 7, 1965, may be used for side reflex reflectors if this material, as used on the vehicle, meets the performance standards in Table I of SAE Standard J594d, ‘‘Reflex Reflectors,’’ March 1967.

(v) The turn signal operating unit on each passenger car, and multipurpose passenger vehicle, truck, and bus less than 80 inches in overall width manufactured on or after January 1, 1973, shall be self-cancelling by steering wheel rotation and capable of cancellation by a manually operated control.

(vi) Each stop lamp on any motor vehicle manufactured between January 1, 1973, and September 1, 1978, may be designed to conform to SAE Standard J586b, ‘‘Stop Lamps,’’ June 1966. It shall meet the photometric minimum candlepower requirements for class A red turn signal lamps specified in SAE Standard J575d, ‘‘Test for Motor Vehicle Lighting Devices and Components,’’ August 1967. Each such lamp on a passenger car and on a multipurpose passenger vehicle, truck, trailer, or bus less than 80 inches in overall width shall have an effective projected luminous area not less than 3 1/2 square inches. If multiple compartment lamps or multiple lamps are used, the effective projected luminous area of each compartment or lamp shall be not less than 3 1/2 square inches; however, the photometric requirements may be met by a combination of compartments or lamps.

(vii) Each turn signal lamp on any motor vehicle, except motorcycles, manufactured between January 1, 1972, and September 1, 1978, may be designed to conform to SAE Standard J588d, ‘‘Turn Signal Lamps,’’ June 1966, and shall meet the photometric minimum candlepower requirements for Class A turn signal lamps specified in SAE Standard J575d, ‘‘Tests for Motor Vehicle Lighting Devices and Components,’’ August 1967. Each such lamp on a passenger car and on a multipurpose passenger vehicle, truck, trailer or bus less than 80 inches in overall width shall have an effective projected luminous area not less than 3 1/2 square inches. If multiple compartment lamps or multiple lamps are used, the effective projected luminous area of each compartment or lamp shall be not less than 3 1/2 square inches; however, the photometric requirements may be met by a combination of compartments or lamps. Each such lamp on a multipurpose passenger vehicle, truck, trailer or bus 80 inches or more in overall width shall have an effective projected luminous area not less than 12 square inches.

(viii) For each passenger car, and each multipurpose passenger vehicle, truck, trailer, and bus of less than 80 inches in overall width the photometric minimum candlepower requirements for side marker lamps specified in SAE Standard J592e ‘‘Clearance, Side Marker, and Identification Lamps,’’ July 1972, may be met for all inboard test points at a distance of 15 feet from the vehicle and on a vertical plane that is perpendicular to the longitudinal axis of the vehicle and located midway between the front and rear side marker lamps.

(ix) Boat trailers need not be equipped with both front and rear clearance lamps provided an amber, to front, and red, to rear, clearance lamp is located at or near the midpoint on each side of the trailer so as to indicate its extreme width.

(x) Multiple license plate lamps and backup lamps may be used to fulfill the requirements of the SAE Standards applicable to such lamps referenced in Appendixes A and C of this chapter.

(xi) A parking lamp shall not be required to meet the minimum photometric values at each test point specified in Table I of SAE Standard J222. ‘‘Parking Lamps (Position Lamps),’’ if the sum of the candlepower measured at the test points within the groups listed in Figure 1 of this section is not less than the sum of the candlepower values for such test points specified in J222.

(xii) A tail lamp, stop lamp, or turn signal lamp shall not be required to meet the minimum photometric values at each test point specified in the referenced SAE Standards, if the sum of the candlepower measured at the test points is not less than that specified for each group listed in Figure 1 of this section, or for motorcycle turn signal lamps, not less than 1/2 of such sum.

(xiii) [Reserved].

(xiv) [Reserved].

(xv) [Reserved].

(xvi) All passengers cars and multipurpose passenger vehicles, trucks, and buses of less than 80 inches overall width shall be equipped with turn signal operating units designed to complete a durability test of 100,000 cycles.

(xvii) A trailer that is less than 30 inches in overall width may be equipped with only one of each of the following lamps and reflective devices, located at or near its vertical centerline: tail lamp, stop lamp and near reflex reflector.

(xviii) A trailer that is less than 6 feet in overall length, including the trailer tongue, need not be equipped with front side marker lamps and front side reflex reflectors.

(xix) A lamp manufactured on or after January 1, 1974, and designed to use a type of bulb that has not been assigned a mean spherical candlepower rating by its manufacturer and is not listed in SAE Standard J573d, ‘‘Lamp Bulbs and Sealed Units,’’ December 1968, shall meet the applicable requirements of this standard when used with any bulb of the type specified by the lamp manufacturer, operated at the bulb’s design voltage. A lamp that contains a sealed-in bulb shall meet these requirements with the bulb operated at the design voltage of the bulb.

(xx) Except for a lamp having a sealed-in bulb, a lamp manufactured on or after January 1, 1974, shall meet the applicable requirements of this standard when tested with a bulb whose filament is positioned within plus or minus 0.010 inch of the nominal design position specified in SAE Standard J573d, ‘‘Lamp Bulbs and Sealed Units,’’ December 1968 or specified by the bulb manufacturer.

(xxi) Instead of a headlighting system of two Type 1 headlamps and two Type 2, 5 3/4-inch headlamps, a vehicle manufactured on or after January 1, 1974 may be equipped with a headlighting system of two Type 1A headlamps and two Type 2A headlamps that meet the following requirements:

(A) Each Type 1A headlamp and Type 2A headlamp shall be designed to conform with the requirements for a Type 1 headlamp and Type 2, 5 3/4-inch headlamp respectively, as specified in any SAE Standard or Recommended Practice, referenced or subreferenced by Tables I and III of Appendix A, except as provided in clauses (B) and (C).

(B) Each Type 1A and Type 2A headlamp shall be designed to conform with the applicable dimensional requirements and specifications of Figure 2 of this section. At a voltage of 12.8 volts, the maximum design wattage with an allowable tolerance of plus 7.5% shall be 50 watts for a Type 1A headlamp and 60 watts for each filament of a Type 2A headlamp.

(C) The following SAE Standards and Recommended Practices or portions thereof, shall not apply:

(I) SAE Standard J571b, ‘‘Dimensional Specifications for Sealed Beam Headlamp Units,’’ April 1965.

(II) SAE Standard J573d, ‘‘Lamp Bulbs and Sealed Units,’’ December 1968.

(III) Figure 1, SAE Recommended Practice J602, ‘‘Headlamp Aiming Device for Mechanically Aimable Sealed Beam Headlamp Units,’’ August 1963.

(IV) Paragraph 2 of ‘‘Retaining Ring Requirements,’’ and the paragraph ‘‘Proper Seating of Sealed Beam Unit,’’ SAE Standard J580a, ‘‘Sealed Beam Headlamp,’’ June 1966.

(xxii) A backup lamp shall not be required to meet the miniumum photometric values at each test point specified in Table I of SAE Standard J593c ‘‘Backup Lamps,’’ if the sum of the candlepower measured at the test points within each group listed in Figure 3 of this section is not less than the group totals specified in that figure.

Minimum luminous intensity requirements forbackup lamps

History

• Authority: The provisions of this Chapter 153 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 153 adopted May 26, 1978, effective May 27, 1978, 8 Pa.

67 Pa. Code § 153.5 Subreferenced SAE Standards and Recommended Practices.

(a) SAE Standards and Recommended Practices subreferenced by the SAE Standards and Recommended Practices included in Tables I and III of Appendix A and § 153.4(a)(4) and (e)(1) (relating to requirements) are those published in the 1970 edition of the SAE Handbook, except that the SAE Standard referred to as ‘‘J599’’ is J599c, ‘‘Lighting Inspection Code,’’ March 1973, and the subreferenced SAE Standard referred to as ‘‘J575’’ is J575e, ‘‘Tests for Motor Vehicle Lighting Devices and Components,’’ August 1970, for tail lamps, stop lamps, and turn signal lamps designed to conform to SAE Standard J585d, J586c, and J588e respectively.

(b) Requirements of SAE Standards incorporated by reference in this chapter, other than J576b and J576c, shall not include tests for warpage of devices with plastic lenses.

1 See S4.1.1.6.…2 See S4.1.1.10.…3 See S4.5.6.…4 See S4.1.1.3.…5 See S4.4.2.…6 See S4.1.1.2

TABLE II.—LOCATION OF REQUIRED EQUIPMENTMULTIPURPOSE PASSENGER VEHICLES, TRUCKS, TRAILERS, AND BUSES, OF 80 OR MORE INCHES OVERALL WIDTH

1 See S4.3.1.6.

2 See S4.3.1.2.

3 See S4.3.1.4.

4 See S4.1.1.9.

TABLE III—REQUIRED MOTOR VEHICLE LIGHTING EQUIPMENTALL PASSENGER CARS AND MOTORCYCLES, AND MULTIPURPOSE PASSENGER VEHICLES, TRUCKS, TRAILERSAND BUSES, OF LESS THAN 80 INCHES OVERALL WIDTH

1 See S4.1.1.6. 2 See S4.1.1.7. 3 See S4.1.1.10. 4 See S4.1.1.11. 5 See S4.1.1.2. 6 See S4.4.2. 7 See S4.5.6. 8 See S4.1.1.5. 9 See S4.1.1.3. 10 See S4.1.1.15. 11 See S4.1.1.17. 12 See S4.1.1.18.

TABLE IV—LOCATION OF REQUIRED EQUIPMENTALL PASSENGER CARS AND MOTORCYCLES, AND MULTIPURPOSE PASSENGER VEHICLES, TRUCKS,TRAILERS AND BUSES OF LESS THAN 80 INCHES OVERALL WIDTH

TABLE IV—LOCATION OF REQUIRED EQUIPMENT—Continued.ALL PASSENGER CARS AND MOTORCYCLES, AND MULTIPURPOSE PASSENGER VEHICLES, TRUCKS,TRAILERS AND BUSES OF LESS THAN 80 INCHES OVERALL WIDTH—Continued

History

• Authority: The provisions of this Chapter 153 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 153 adopted May 26, 1978, effective May 27, 1978, 8 Pa.

Chapter 155 Use and Display of Illuminated Signs

67 Pa. Code § 155.1 Purpose.

This chapter governs the use, manner of lighting and display of illuminated signs on vehicles under 75 Pa.C.S. § 4307 (relating to use and display of illuminated signs).

The provisions of this § 155.1 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2428; renumbered May 15, 1981, effective May 16, 1981, 11 Pa.B. 1678; amended February 18, 1983, effective February 19, 1983, 13 Pa.B. 783; readopted January 8, 1988, effective January 9, 1988, 18 Pa.B. 190. Immediately preceding text appears at serial page (80035).

History

• Authority: The provisions of this Chapter 155 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 155 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 155.2 Additional vehicles.

The following vehicles, in addition to those permitted by 75 Pa.C.S. § 4307 (relating to use and display of illuminated signs), may use and display illuminated signs: ambulances.

The provisions of this § 155.2 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2428; renumbered May 15, 1981, effective May 16, 1981, 11 Pa.B. 1678; readopted January 8, 1988, effective January 9, 1988, 18 Pa.B. 190. Immediately preceding text appears at serial page (80035).

History

• Authority: The provisions of this Chapter 155 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 155 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 155.3 Design.

The following requirements apply to illuminated signs including signs illuminated by spotlights or other lamps off the sign:

(1) The light source shall be constant. Flashing, rotating or alternating lamps may not be used.

(2) The sign lighting shall contain a separate fusing device unless the power source is other than a vehicle lighting circuit.

(3) No sign lighting may contain any type of prismatic lens designed to direct or focus the lamp ray in any direction.

(4) No red lamp may be visible through an area of 180° of the front of the sign.

(5) No sign lighting may display a beam of light visible to the rear of the sign. The arrangement of lamps shall be such that it is not possible to look directly into a lamp from a vehicle following at 50 feet within an arc ranging from 45° right to 45° left.

The provisions of this § 155.3 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2428; renumbered May 15, 1981, effective May 16, 1981, 11 Pa.B. 1678; amended February 18, 1983, effective February 19, 1983, 13 Pa.B. 783; readopted January 8, 1988, effective January 9, 1988, 18 Pa.B. 190. Immediately preceding text appears at serial page (80036).

History

• Authority: The provisions of this Chapter 155 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 155 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 155.4 Brightness.

The maximum brightness of the sign lighting shall be determined by two separate tests:

(1) The maximum project area brightness shall be measured with a calibrated, standard light meter, located so as to directly face the illuminated portion of the sign with the center of the light meter on the same horizontal plane as a horizontal line drawn through the center of the illuminated area at a distance equal to five times the diagonal dimension of the sign. Light meter readings shall be mathematically converted to candles per square inch and footlamberts where one candle is equivalent to 452 footlamberts. The maximum limits specified in this paragraph shall not be exceeded. In determining the projected area of the sign, the entire illuminated area shall be used with no allowance made for opaque lettering.

Maximum Brightness—Projected Area

(2) The maximum spot brightness shall be measured with a calibrated, standard illuminometer, located so as to directly face the illuminated portion of the sign with the center of the illuminometer on the same horizontal plane as a line drawn through the center of the illuminated area. The maximum limit of 1,800 footlamberts may not be exceeded at the brightest point of the illuminated area.

The provisions of this § 155.4 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2428; renumbered May 15, 1981, effective May 16, 1981, 11 Pa.B. 1678; amended February 18, 1983, effective February 19, 1983, 13 Pa.B. 783; readopted January 8, 1988, effective January 9, 1988, 18 Pa.B. 190. Immediately preceding text appears at serial pages (80036) to (80037).

History

• Authority: The provisions of this Chapter 155 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 155 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 155.5 Installation.

The external limits of the sign shall be such that the sign does not extend more than 16 inches in height and be limited in width to 4 inches less than the width or length of the vehicle at the point of attachment, except signs mounted on truck tractors may extend 30 inches in height. No part of a sign may extend into a window area.

The provisions of this § 155.5 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2428; amended May 16, 1980, effective May 17, 1980, 10 Pa.B. 1980; renumbered May 15, 1981, effective May 16, 1981, 11 Pa.B. 1678; amended February 18, 1983, effective February 19, 1983, 13 Pa.B. 783; readopted January 8, 1988, effective January 9, 1988, 18 Pa.B. 190. Immediately preceding text appears at serial page (80037).

History

• Authority: The provisions of this Chapter 155 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 155 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

Chapter 159 New Pneumatic Tires

67 Pa. Code § 159.1 Scope.

This chapter specifies tire dimensions and laboratory test requirements for bead unseating resistance, strength, endurance, and high speed performance; defines tire load ratings; and specifies labeling requirements for passenger car tires.

History

• Authority: The provisions of this Chapter 159 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 159 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 159.2 Application.

This chapter shall apply to new pneumatic tires for use on passenger cars manufactured after 1948. However, it shall not apply to any tire which has been altered so as to render impossible its use, or its repair for use, as motor vehicle equipment.

History

• Authority: The provisions of this Chapter 159 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 159 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 159.3 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Bead—That part of the tire made of steel wires, wrapped or reinforced by ply cords, that is shaped to fit the rim. Bead separation—A breakdown of bond between components in the bead area. Bias ply tire—A pneumatic tire in which the ply cords that extend to the beads are laid at alternate angles substantially less than 90° to the centerline of the tread. Carcass—The tire structure, except tread and sidewall rubber. Chunking—The breaking away of pieces of the tread or sidewall. Cord—The strands forming the plies in the tire. Cord separation—Cords parting away from adjacent rubber compounds. Cracking—Any parting within the tread, sidewall or innerliner of the tire extending to cord material. Groove—The space between two adjacent tread ribs. Innerliner—The layers forming the inside surface of a tubeless tire that contains the inflating medium within the tire. Innerliner separation—The parting of the innerliner from cord material in the carcass. Load rating—The maximum load a tire is rated to carry for a given inflation pressure. Maximum load rating—The load rating at the maximum permissible inflation pressure for that tire. Maximum permissible inflation pressure—The maximum cold inflation pressure to which a tire may be inflated. Open splice—Any parting at any junction of tread, sidewall or innerliner that extends to cord material. Overall width—The linear distance between the exteriors of the sidewalls of an inflated tire, including elevations due to labeling, decorations or protective bands or ribs. Ply—A layer of rubber-coated parallel cords. Ply separation—A parting of rubber compound between adjacent plies. Pneumatic tire—A mechanical device made of rubber, chemicals, fabric and steel or other materials, which, when mounted on an automotive wheel, provides the traction and contains the gas or fluid that sustains the load. Radial ply tire—A pneumatic tire in which the ply cords which extend to the beads are laid at substantially 90° to the centerline of the tread. Rim—A metal support for a tire or a tire and tube assembly upon which the tire beads are seated. Section width—The linear distance between the exteriors of the sidewalls of an inflated tire, excluding elevations due to labeling, decoration, or protective bands. Sidewall—That portion of a tire between the tread and the bead. Sidewall separation—The parting of the rubber compound from the cord material in the sidewall. Size factor—The sum of the section width and the outer diameter of a tire determined on the test rim. Test rim—With reference to a tire to be tested, any rim that is listed as appropriate for use with that tire in accordance with § 159.4(d) (relating to requirements). For purposes of this chapter and section 571.110, each rim listing shall include dimensional specifications and a diagram of the rim. Tread—That portion of a tire that comes into contact with the road. Tread rib—A tread section running circumferentially around a tire. Tread separation—Pulling away of the tread from the tire carcass.

This section cited in 67 Pa. Code § 159.4 (relating to requirements).

History

• Authority: The provisions of this Chapter 159 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 159 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 159.4 Requirements.

(a) Size and construction. Each tire shall be designed to fit each rim specified for its size designation in each reference cited in the definition of test rim in § 159.3 (relating to definitions).

(b) Performance requirements. Performance requirements shall be as follows:

(1) General. Each tire shall conform to each of the following:

(i) It shall meet the requirements specified in paragraph (2) for its tire size designation, type and maximum permissible inflation pressure.

(ii) Its maximum permissible inflation pressure shall be either 32, 36, 40, or 60 p.s.i., or 240, 280 or 300 KPa.

(iii) Its load rating shall be that specified in Table I of Appendix A of this chapter for its size designation, type and each appropriate inflation pressure.

(iv) If manufactured on or after August 1, 1968, it shall incorporate a tread wear indicator that will provide a visual indication that the tire has worn to a tread depth of 1/16 inch.

(v) It shall, before being subjected to either the endurance test procedure specified in § 159.5(d) (relating to test procedures) or the high speed performance procedure specified in § 159.5(e), exhibit no visual evidence of tread, sidewall, ply, cord, innerliner, or bead separation, chunking, broken cords, cracking or open splices.

(vi) It shall meet the requirements of paragraph (2)(v) and (2)(vi) when tested on a test wheel described in § 159.5(d)(2)(i) (relating to test procedures), either alone or simultaneously with up to five other tires.

(2) Test requirements. Test requirements shall be as follows:

(i) Test sample. For each test sample the following shall be used:

(A) One tire for physical dimensions, resistance to bead unseating, and strength, in sequence.

(B) Another tire for tire endurance.

(C) A third tire for high speed performance.

(ii) Physical dimensions. Each tire, when measured in accordance with § 159.5(a) shall conform with each of the following:

(A) Its actual section width and overall width shall not exceed by more than 7.0% the section width specified in Table I of Appendix A for its size designation and type.

(B) Its size factor shall be at least as large as that specified in Table I of Appendix A for its size designation and type.

(iii) Tubeless tire resistance to bead unseating. When tested in accordance with § 159.5(b), the applied force required to unseat the tire bead at the point of contact is less than:

(A) 1,500 pounds for tires with a designated section width of less than 6 inches.

(B) 2,000 pounds for tires with a designated section width of 6 inches or more but less than 8 inches.

(C) 2,500 pounds for tires with a designated section width of 8 inches or more, using the section width specified in Table I of Appendix A for the applicable tire size designation and type.

(iv) Tire strength. Each tire shall meet the requirements for minimum breaking energy specified in Table II of Appendix A when tested in accordance with § 159.5(c).

(v) Tire endurance. When the tire has been subjected to the laboratory endurance test specified in § 159.5(d) using a test rim that undergoes no permanent deformation and allows no loss of air through the portion that it comprises of the tire-rim pressure chamber:

(A) There shall be no visual evidence of tread, sidewall, ply, cord, innerliner, or bead separation, chunking, broken cords, cracking or open splices.

(B) The tire pressure at the end of the test shall be not less than the initial pressures specified in § 159.5(d)(1)(i).

(vi) High speed performance. When the tire has been subjected to the laboratory high speed performance test specified in § 159.5(e), using a test rim that undergoes no permanent deformation and allows no loss of air through the portion that it comprises of the tire rim pressure chamber, the tire shall meet the requirements set forth in subparagraph (v)(A) and (B).

(c) Labeling requirements. Labeling requirements shall be as follows:

(1) Except as provided in paragraphs (2) and (3), each tire shall have permanently molded into or onto both sidewalls, in letters and numerals not less than 0.078 inches high, the information shown in subparagraphs (i) through (vii). On at least one sidewall, the information shall be positioned in an area between the maximum section width and bead of the tire. However, in no case shall the information be positioned on the tire so that it is obstructed by the flange of any rim designed for use with that tire under the provisions of this chapter and Standard No. 571.110.

(i) One size designation, except that equivalent inch and metric size designations may be used.

(ii) Maximum permissible inflation pressure.

(iii) Maximum load rating.

(iv) The generic name of each cord material used in the plies, both sidewall and tread area, of the tire.

(v) Actual number of plies in the sidewall, and the actual number of plies in the tread area, if different.

(vi) The words ‘‘tubeless’’ or ‘‘tube type’’ as applicable.

(vii) The word ‘‘radial’’ if the tire is a radial ply tire.

(2) Each tire shall be labeled with the symbol ‘‘DOT’’ in the manner specified in 49 CFR Part 574, which shall constitute a certification that the tire conforms to applicable Federal motor vehicle safety standards.

(3) Each tire shall be labeled with the name of the manufacturer, or brand name and number assigned to manufacturer in the manner specified in 49 CFR Part 574.

(4) Each tire manufactured between March 1, 1971, and May 22, 1971, shall either:

(i) Comply with section 4.3(d)(2) and 4.3(i), as effective until May 22, 1971.

(ii) Be labeled with the tire identification number required by 49 CFR 574.5 and comply with paragraphs (2) and (3) as effective on and after May 22, 1971.

(d) Tire and rim matching information. Matching information requirements shall be as follows:

(1) Each manufacturer of tires shall ensure that a listing of the rims that may be used with each tire that he produces is provided to the public. A listing compiled in accordance with subparagraph (i) need not include dimensional specifications or diagram of a rim if the dimensional specifications and diagram of the rim are contained in each listing published in accordance with subparagraph (ii). The listing shall be in one of the following forms:

(i) Listed by manufacturer name or brand name in a document furnished to dealers of the manufacturer’s tires, to any person upon request, and in duplicate to: Tire Division, National Highway Traffic Safety Administration, 400 Seventh Street S.W., Washington D.C. 20590.

(ii) Contained in publications current at the date of manufacture of the tire or any later date of at least one of the following organizations:

(A) The Tire and Rim Association.

(B) The European Tyre and Rim Technical Organisation.

(C) Japanese Industrial Standards.

(D) Deutsche Industrie Norm.

(E) The Society of Motor Manufacturers and Traders, Ltd.

(F) British Standards Institution.

(G) Scandinavian Tire and Rim Organisation.

(2) Information contained in any publication specified in paragraph (1)(ii) of this subsection which lists general categories of tires and rims by size designation, type of construction or intended use, shall be considered to be information of the manufacturer under paragraph (1) for the listed tires and rims, unless the publication itself or specific information provided according to paragraph (1)(i) indicates otherwise.

The provisions of this § 159.4 amended January 26, 1979, effective January 27, 1979, 9 Pa.B. 346.

This section cited in 67 Pa. Code § 159.3 (relating to definitions); and 67 Pa. Code § 159.5 (relating to test procedures).

History

• Authority: The provisions of this Chapter 159 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 159 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 159.5 Test procedures.

(a) Physical dimensions. Tire physical dimensions shall be determined under uniform ambient conditions as follows:

(1) Mount the tire on a test rim having the test rim width specified in Appendix A of this chapter for that tire size designation and inflate it to the applicable pressure specified in Table III of Appendix A.

(2) Condition it at ambient room temperature for at least 24 hours.

(3) Readjust pressure to that specified in paragraph (1).

(4) Caliper the section width and overall width at six points approximately equally spaced around the tire circumference.

(5) Record the average of these measurements as the section width and overall width, respectively.

(6) Determine tire outer diameter by measuring the maximum circumference of the tire and dividing this dimension by pi (3.14).

(b) Tubeless tire bead unseating resistance. Bead unseating resistance shall be tested as follows:

(1) Preparation of tire-wheel assembly. The tire-wheel assembly shall be prepared as follows:

(i) Wash the tire, dry it at the beads, and mount it without lubrication or adhesives on a clean, painted test rim.

(ii) Inflate it to the applicable pressure specified in Table III of Appendix A of this chapter at ambient room temperature.

(iii) Mount the wheel and tire in the fixture shown in Figure 1 of this section, and force the standard block shown in Figure 2 of this section, against the tire sidewall as required by the geometry of the fixture.

Bead Unsealing Fixture Dimensions in InchesDiagram of Bead Unsealing Block Dimensions in Inches

(2) Test procedure. The test procedure shall be as follows:

(i) Apply a load through the block to the tire outer sidewall at the distance specified in Figure 1 of this section for the applicable wheel size at a rate of two inches per minute, with the load arm substantially parallel to the tire and rim assembly at the time of engagement.

(ii) Increase the load until the bead unseats or the applicable value specified in § 159.4(b)(2)(iii) (relating to requirements) is reached.

(iii) Repeat the test at least four places equally spaced around the tire circumference.

(c) Tire strength. Tire strength shall be tested as follows:

(1) Preparation of tire. The tire shall be prepared as follows:

(i) mount the tire on a test rim and inflate it to the applicable pressure specified in Table III of Appendix A of this chapter;

(ii) condition it at room temperature for at least three hours; and

(iii) readjust its pressure to that specified in subparagraph (i).

(2) Test procedure. The test procedure shall be as follows:

(i) Force a 3/4-inch diameter cylindrical steel plunger with a hemispherical end perpendicularly into the tread rib as near to the centerline as possible, avoiding penetration into the tread groove, at the rate of two inches per minute.

(ii) Record the force and penetration at five test points equally spaced around the circumference of the tire. If the tire fails to break before the plunger is stopped by reaching the rim, record the force and penetration as the rim is reached and use these values in subparagraph (iii).

(iii) Compute the breaking energy for each test point by means of the following formula: F x PW =2

W =Energy, inch-pounds;

F =Force, pounds; and

P =Penetration, inches.

(iv) Determine the breaking energy value for the tire by computing the average of the five values obtained in accordance with subparagraph (iii) of this paragraph.

(d) Tire endurance. Endurance shall be tested as follows:

(1) Preparation of tire. The tire shall be prepared as follows:

(i) Mount a new tire on a test rim and inflate it to the applicable pressure specified in Table III of Appendix A.

(ii) Condition the tire assembly to 100°F plus or minus 5°F for at least three hours.

(iii) Readjust tire pressure to that specified in subparagraph (i) immediately before testing.

(2) Test procedure. The test procedure shall be as follows:

(i) Mount the tire and wheel assembly on a test axle and press it against a flat-faced steel test wheel 67.23 inches in diameter and at least as wide as the section width of the tire to be tested or an approved equivalent test wheel, with the applicable test load specified in Table I of Appendix A for the size designation, type, and maximum permissible inflation pressure of the tire.

(ii) During the test, the air surrounding the test area shall be 100°F plus or minus 5°F.

(iii) Conduct the test at 50 miles per hour in accordance with the following schedule without pressure adjustment or other interruptions:

(iv) Immediately after running the tire the required time, measure its inflation pressure. Allow the tire to cool for one hour. Then deflate the tire, remove it from the test rim, and inspect it for the conditions specified in § 159.4(b)(2)(v)(A) (relating to requirements).

(e) High speed performance. High speed performance shall be tested as follows:

(1) After preparing the tire in accordance with subsection (d)(1), mount the tire and wheel assembly in accordance with subsection (d)(2)(i) and press it against the test wheel with the load specified in Table I of Appendix A for the size designation of the tire and the applicable pressure specified in Column B of the following table:

(2) Break in the tire by running it for two hours at 50 miles per hour.

(3) Allow to cool to 100°F plus or minus 5°F and readjust the inflation pressure to the applicable pressure specified in Table III of Appendix A of this chapter.

(4) Without readjusting inflation pressure, test at 75 miles per hour for 30 minutes, 80 miles per hour for 30 minutes, and 85 miles per hour for 30 minutes.

(5) Immediately after running the tire the required time, measure its inflation pressure. Allow the tire to cool for one hour. Then deflate the tire, remove it from the test rim, and inspect it for the conditions specified in § 159.4(b)(2)(v)(A).

The provisions of this § 159.5 amended January 26, 1979, effective January 27, 1979, 9 Pa.B. 346.

This section cited in 67 Pa. Code § 159.4 (relating to requirements).

History

• Authority: The provisions of this Chapter 159 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 159 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 159.6 Nonconforming tires.

No tire of a type and size designation specified in Table I of Appendix A that is designed for use on passenger cars and manufactured on or after October 1, 1972, but does not conform to all the requirements of this standard, shall be sold, offered for sale, introduced or delivered for introduction in interstate commerce, or imported into the United States, for any purpose.

The following tables list tire sizes and tire constructions with proper load and inflation values. The tables group tires of related constructions and load-inflation values. Persons requesting the addition of new tire sizes to the tables or the addition of tables for new tire constructions may, when the additions requested are compatible with existent groupings, or when adequate justification for new tables exists, submit five copies of information and data supporting the request to the Secretary of Transportation, Attention: Motor Vehicle Programs, National Highway Traffic Safety Administration, U.S. Department of Transportation, Washington, D.C. 20590.

The information should contain the following:

(1) The tire size designation, and a statement either that the tire is an addition to a category of tires listed in the tables or that it is in a new category for which a table has not been developed.

(2) The tire dimensions, including aspect ratio, size factor, section width, overall width and test rim size.

(3) The load-inflation schedule of the tire.

(4) A statement as to whether the tire size designation and load-inflation schedule has been coordinated with the Tire and Rim Association, the European Tyre and Rim Technical Organisation, the society of Manufacturers and Traders Limited, the Japan Automobile Tire Manufacturers Association, the Deutsche Industrie Norm and the Scandinavian Tire and Rim Organisation.

(5) Copies of test data sheets showing test conditions, results and conclusions obtained for individual tests specified in this chapter.

(6) Justification for the additional tire sizes.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR CONVENTIONAL AND LOW SECTION HEIGHT BIAS PLY TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to or in place of the "dash".

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “70 SERIES” BIAS PLY TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to or in place of the “dash”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR BIAS PLY TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to or in place of the “dash”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR DASH(-) RADIAL PLY TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to or in place of the “dash”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “77 SERIES” BIAS PLY TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to or in place of the “dash”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR TYPE “R” RADIAL PLY TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to the “R”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “70 SERIES” RADIAL PLY TIRES

1 The letters “HR”, “SR” or “VR” may be included in any specified tire size designation adjacent to or in place of the “dash”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR TYPE “R” RADIAL PLY TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to the “R”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “78 SERIES” BIAS PLY TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to or in place of the “dash”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “60 SERIES” BIAS PLY TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to or in place of the “dash”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “50 SERIES” CANTILEVERED SIDEWALL TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to or in place of the “dash”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “78 SERIES” RADIAL PLY TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to or in place of the “dash”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “70 SERIES” RADIAL PLY TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to the “R”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “LOW SECTION” TYPE “R” RADIAL PLY TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to the “R”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR SERIES 45 CANTILEVERED SIDEWALL TIRES

1 The letter “H”, “S” or “V” may be included in any specified tire size designation adjacent to or in place of the “dash”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “60 SERIES” RADIAL PLY TIRES

1 The letters “H”, “S” or “V” may be included in any tire size designation adjacent to the “R”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “60 SERIES” RADIAL PLY TIRES

1 The letters “H”, “S” or “V” may be included in any tire size designation adjacent to the “R”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “70 SERIES” RADIAL PLY TIRES

1 The letter “H”, “S” or “V” may be included in any specified tire size designation adjacent to the “R”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “60 SERIES” CANTILEVERED TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to or in place of the “dash”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “50 SERIES” BIAS PLY TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to or in place of the “dash”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “50 SERIES” RADIAL PLY TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to or in place of the “dash”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “50 SERIES” RADIAL PLY TIRES

1 The letters “H”, “S” or “V” may be included in any tire size designation adjacent to the “R”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR ALL MILLIMETRIC “65 SERIES” RADIAL PLY TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to the “R”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “P/80” ISO TYPE TIRES

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to the “80”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

3 The letters “D” for diagonal and “B” for belted may be used in place of the “R”.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “40 SERIES” RADIAL PLY TIRES

1 The letters “H”, “S” or “V” may be included in any tire size designation adjacent to the “R”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “35 SERIES” RADIAL PLY TIRES

1 The letters “H”, “S” or “V” may be included in any tire size designation adjacent to the “R”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “55 SERIES” RADIAL PLY TIRES

1 The letters “H”, “S” or “V” may be included in any tire size designation adjacent to the “R”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “45 SERIES” RADIAL PLY TIRES

1 The letters “H”, “S” or “V” may be included in any tire size designation adjacent to the “R”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

TIRE LOAD RATINGS, TEST RIMS, MINIMUM SIZE FACTORS, AND SECTION WIDTHS FOR “P/70 SERIES” ISO TYPE TIRES, STANDARD LOAD

1 The letters “H”, “S” or “V” may be included in any specified tire size designation adjacent to the “R”.

2 Actual section width and overall width shall not exceed the specified section width by more than 7 percent.

3 The letters “D” for diagonal and “B” for belted may be used in place of the “R”.

TABLE II—MINIMUM BREAKING ENERGY VALUES (INCH-POUNDS)TABLE II—A—FOR BIAS PLY TIRES WITH SIZE DESIGNATION OF 6.00 INCHES (OR 155 MILLIMETERS) AND ABOVE AND 70 SERIES TIRES

TABLE II—B—FOR BIAS PLY TIRES WITH SIZE DESIGNATIONBELOW 6.00 INCHES (OR 155 MILLIMETERS)

TABLE II—C—FOR RADIAL PLY TIRES

History

• Authority: The provisions of this Chapter 159 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 159 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

Chapter 161 Glazing Materials

67 Pa. Code § 161.1 Scope.

This chapter specifies requirements for glazing materials for use in motor vehicles and motor vehicle equipment.

History

• Authority: The provisions of this Chapter 161 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 151 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 161.2 Purpose.

The purpose of this chapter is to reduce injuries resulting from impact to glazing surfaces, to ensure a necessary degree of transparency in motor vehicle windows for driver visibility, and to minimize the possibility of occupants being thrown through the vehicle windows in collisions.

History

• Authority: The provisions of this Chapter 161 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 151 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 161.3 Application.

This chapter shall apply to glazing materials for use in passenger cars, multipurpose passenger vehicles, trucks, buses, motorcycles, slide-in campers and pickup covers designed to carry persons while in motion.

History

• Authority: The provisions of this Chapter 161 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 151 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 161.4 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Camper—A structure designed to be mounted in the cargo area of a truck, or attached to an incomplete vehicle with motive power, for the purpose of providing shelter for persons. Motor home—A multipurpose passenger vehicle that provides living accommodations for persons. Pickup cover—A camper having a roof and sides but without a floor, designed to be mounted on and removable from the cargo area of a truck by the user. Slide-in camper—A camper having a roof, floor, and sides, designed to be mounted on and removable from the cargo area of a truck by the user.

History

• Authority: The provisions of this Chapter 161 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 151 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 161.5 Requirements.

(a) Materials. Requirements for materials are as follows:

(1) Glazing materials for use in motor vehicles, except as otherwise provided in this chapter, shall conform to the American National Standard ‘‘Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways,’’ Z26.1-1966, July 15, 1966, as supplemented by Z26.1a-1969, March 7, 1969, referred to in this chapter as ‘‘ANS Z26.’’

(i) The chemicals specified for testing chemical resistance in Tests Nos. 19 and 20 of ANS Z26 shall be:

(A) One percent solution of nonabrasive soap.

(B) Kerosene.

(C) Undiluted denatured alcohol, Formula SD No. 30 (one part 100% methyl alcohol in ten parts 190 proof ethyl alcohol by volume).

(D) Commercial motor car gasoline.

(ii) The following locations shall be added to the lists specified in ANS Z26 in which item 4, item 5, item 8 and item 9 safety glazing may be used:

(A)—(I) [Reserved].

(J) Windows and doors in motor homes, except for the windshield and windows to the immediate right or left of the driver.

(K) Windows and doors in slide-in campers and pickup covers.

(iii) The following locations shall be added to the lists specified in ANS Z26 in which item 6 and item 7 safety glazing may be used:

(A)—(I) [Reserved].

(J) Windows and doors in motor homes, except for the windshield, forward-facing windows, and windows to the immediate right or left of the driver.

(K) Windows, except forward-facing windows, and doors in slide-in campers and pickup covers.

(iv) The phrase ‘‘readily removable’’ windows as defined in ANS Z26, for the purposes of this chapter, in buses having a GVWR of more than 10,000 pounds, shall include pushout windows and windows mounted in emergency exits that can be manually pushed out of their location in the vehicle without the use of tools, regardless of whether such windows remain hinged at one side to the vehicle.

(v) Except as otherwise specifically provided by this standard, glazing for use in multipurpose passenger vehicles shall conform to the requirements for glazing for use in trucks as specified in ANS Z26.

(2) In addition to the glazing materials specified in ANS Z26, materials conforming to subparagraphs (i) and (ii) may be used in the locations of motor vehicles specified in those sections.

(i) Item 12—rigid plastics. Safety plastic materials that comply with Tests Numbers 10, 13, 16, 17, 21 and 24 of ANS Z26, Tests Numbers 19 and 20 of ANS Z26 with the exception of the test for resistance to undiluted denatured alcohol Formula SD No. 30, and the labeling requirements of subparagraph (iii), may be used in a motor vehicle only in the following specific location at levels not requisite for driving visibility:

(A) Windows and doors in slide-in campers and pickup covers.

(B) Motorcycle windscreens below the intersection of a horizontal plane 15 inches vertically above the lowest seating position.

(C) Standee windows in buses.

(D) Interior partitions.

(E) Openings in the roof.

(F) Flexible curtains or readily removable windows or in ventilators used in conjunction with readily removable windows.

(G) Windows and doors in motor homes, except for the windshield and windows to the immediate right or left of the driver.

(ii) Item 13—flexible plastics. Safety plastic materials that comply with Tests Numbers 16, 22, and 23 or 24 of ANS Z26, Tests Numbers 19 and 20 of ANS Z26 with the exception of the test for resistance to undiluted denatured alcohol Formula SD No. 30, and the labeling requirements of subparagraph (iii), may be used in a motor vehicle only in the following specific locations at levels not requisite for driving visibility:

(A) Windows, except forward-facing windows, and doors in slide-in campers and pickup covers.

(B) Motorcycle windscreens below the intersection of a horizontal plane 15 inches vertically above the lowest seating position.

(C) Standee windows in buses.

(D) Interior partitions.

(E) Openings in the roof.

(F) Flexible curtains or readily removable windows or in ventilators used in conjunction with readily removable windows.

(G) Windows and doors in motor homes, except for the windshield, forward-facing windows, and windows to the immediate right or left of the driver.

(iii) Cleaning instructions. Each manufacturer of glazing materials designed to meet the requirements of subparagraphs (i) and (ii) shall affix a label, removable by hand, to each item of such glazing material. The label shall specify instructions and agents for cleaning the material that will minimize the loss of transparency.

(b) Edges. In vehicles except schoolbuses, exposed edges shall be treated in accordance with SAE Recommended Practice J673a, ‘‘Automotive Glazing,’’ August 1967. In schoolbuses, exposed edges shall be banded.

This section cited in 67 Pa. Code § 161.6 (relating to certification and marking).

History

• Authority: The provisions of this Chapter 161 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 151 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 161.6 Certification and marking.

(a) Marking. Each prime glazing material manufacturer, except as specified below, shall mark glazing materials manufactured by him in accordance with section 6 of ANS Z26. The materials specified in § 161.5(a)(2)(i) and (ii) (relating to requirements) shall be identified by the marks ‘‘AS 12’’ and ‘‘AS 13’’ respectively. A prime glazing material manufacturer shall be one who fabricates, laminates, or tempers the glazing material.

(b) Certification. Each prime glazing material manufacturer shall certify each piece of glazing material to which this chapter applies that is designed as a component of any specific motor vehicle or camper, pursuant to section 114 of the National Traffic and Motor Vehicle Safety Act of 1966, by adding to the mark required by subsection (a) in letters and numerals of the size specified in section 6 of ANS Z26, the symbol ‘‘DOT’’ and a code mark of a manufacturer, which will be assigned by the NHTSA on the written request of the manufacturer.

(c) Certification of components. Each prime glazing material manufacturer shall certify each piece of glazing material to which this chapter applies that is designed to be cut into components for use in motor vehicles or items of motor vehicle equipment, pursuant to section 114 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C.A. § 1403).

(d) Marking by manufacturer or distributor. Each manufacturer or distributor who cuts a section of glazing material to which this chapter applies, for use in a motor vehicle or camper, shall mark that material in accordance with section 6 of ANS Z26.

(e) Certification by manufacturer or distributor. Each manufacturer or distributor who cuts a section of glazing material to which this chapter applies, for use in a motor vehicle or camper, shall certify that his product complies with this chapter in accordance with section 114 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C.A. § 1403).

History

• Authority: The provisions of this Chapter 161 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 151 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

Chapter 163 Warning Devices

67 Pa. Code § 163.1 Scope.

This chapter establishes requirements for devices, without self-contained energy sources, that are designed to be carried in motor vehicles and used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle.

History

• Authority: The provisions of this Chapter 163 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 163 adopted April 7, 1978, effective April 8, 1978, 8 Pa.

67 Pa. Code § 163.2 Purpose.

The purpose of this chapter is to reduce deaths and injuries due to rear end collisions between moving traffic and disabled vehicles.

History

• Authority: The provisions of this Chapter 163 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 163 adopted April 7, 1978, effective April 8, 1978, 8 Pa.

67 Pa. Code § 163.3 Application.

This chapter shall apply to devices, without self-contained energy sources, that are designed to be carried in motor vehicles and used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle.

History

• Authority: The provisions of this Chapter 163 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 163 adopted April 7, 1978, effective April 8, 1978, 8 Pa.

67 Pa. Code § 163.4 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Entrance angle—The angle having as its sides the line through the center, and normal to the face, of the object to be tested, and the line from the center of the object to the center of the source of illumination, Figure 2 of Appendix A. Fluorescent—The property of emitting visible light due to the absorption of radiation of a shorter wavelength which may be outside the visible spectrum. Observation angle—The angle having as its sides the line from the observation point to the center of the object to be tested and the line from the center of that object to the center of the source of illumination, Figure 2 of Appendix A of this chapter. Reflex reflective—Reflective of light in directions close to the direction of incident light, over a wide range of variations in the direction of incident light.

History

• Authority: The provisions of this Chapter 163 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 163 adopted April 7, 1978, effective April 8, 1978, 8 Pa.

67 Pa. Code § 163.5 Requirements.

(a) Equipment. Requirements for equipment shall be as follows:

(1) Reflex reflective material and fluorescent material that meet the requirements of this chapter shall be affixed to both faces of the warning device. Alternatively, a dual purpose orange fluorescent and red reflective material that meets the requirements of this chapter, referred to in this chapter as dual purpose material, may be affixed to both faces in places of the reflective and fluorescent materials.

(2) Each warning device shall be protected from damage and deterioration by one of the following:

(i) By enclosure in an opaque protective reusable container, except that two or three warning devices intended to be sold for use as a set with a single vehicle may be enclosed in a single container.

(ii) By secure attachment to any light-tight, enclosed, and easily accessible compartment of a new motor vehicle with which it is supplied by the vehicle manufacturer.

(3) The warning device shall be designed to be erected, and replaced in its container, without the use of tools.

(4) The warning device shall be permanently and legibly marked with all of the following:

(i) Name of manufacturer.

(ii) Month and year of manufacture, which may be expressed numerically, as ‘‘6/72.’’

(iii) The symbol ‘‘DOT,’’ or the statement that the warning device complies with all applicable Federal motor vehicle safety standards.

(5) Each warning device shall have instructions for its erection and display:

(i) The instructions shall be either indelibly printed on the warning device or attached in such a manner that they cannot be easily removed.

(ii) Instructions for each warning device shall include a recommendation that the driver activate the vehicular hazard warning signal lamps before leaving the vehicle to erect the warning device.

(iii) Instructions shall include the illustration depicted in Figure 3 of Appendix A indicating recommended positioning.

(b) Configuration. Configuration requirements shall be as follows:

(1) When the warning device is erected on level ground:

(i) Part of the warning device shall form an equilateral triangle that stands in a plane not more than ten degrees from the vertical, with the lower edge of the base of the triangle horizontal and not less than one inch above the ground.

(ii) None of the required portion of the reflective material and fluorescent material shall be obscured by any other part of the warning device except for any portion of the material over which it is necessary to provide fasteners, pivoting beads, or other means to allow collapsibility or support of the device. In any event, sufficient reflective and fluorescent material shall be used on the triangle to meet the requirements of subsections (d) and (e).

(2) Each of the three sides of the triangular portion of the warning device shall not be less than 17 and not more than 22 inches long, and not less than two and not more than three inches wide, Figure 1 of Appendix A.

(3) Each face of the triangular portion of the warning device shall have an outer border of red reflex reflective material of uniform width and not less than 0.75 and not more than 1.75 inches wide, and an inner border of orange fluorescent material of uniform width and not less than 1.25 and not more than 1.30 inches wide, Figure 1 of Appendix A. However, this requirement shall not apply if the dual purpose material is used.

(4) Each vertex of the triangular portion of the warning device shall have a radius of not less than 0.25 inch and not more than 0.50 inch.

(5) All edges shall be rounded or chamfered, as necessary, to reduce the possibility of cutting or harm to the user.

(6) The device shall consist entirely of the triangular portion and attachments necessary for its support and enclosure, without additional visible shapes or attachments.

(c) Color. Requirements for color are as follows:

(1) The color of the red reflex material on the warning device shall have the following characteristics, both before and after the warning device has been conditioned in accordance with § 163.6(a) (relating to test procedures), when the source of illumination is a lamp with a tungsten filament operating at 2856° Kelvin color temperature. Expressed in terms of the International Commission on Illumination (CIE) 1931 standard colorimetric observer system, CIE chromaticity diagram, Figure 4 of Appendix A, the chromaticity coordinates of the red reflex reflective material shall lie within the region bounded by the spectrum locus and the lines on the diagram defined by the following equations:

(2) The color of the orange fluorescent material on the warning device shall have the following characteristics, both before and after the warning device has been conditioned in accordance with § 163.6(a) (relating to test procedures), when the source of illumination is a 150 watt high pressure xenon compact arc lamp. Expressed in terms of the International Commission on Illumination (CIE) 1931 standard colorimetric observer system, the chromaticity coordinates of the orange fluorescent material shall lie within the region bounded by the spectrum locus and the lines on the diagram defined by the following equations:

The 150-watt high pressure xenon compact arc lamp shall illuminate the sample using the unmodified spectrum at an angle of incidence of 45° and an angle of observation of 90°. If dual purpose material is being tested, it shall be illuminated by a 150 watt high pressure xenon compact arc lamp, whose light is diffused by an integrating sphere.

(d) Reflectivity. When the red reflex reflective material on the warning device is tested in accordance with § 163.6(b), both before and after the warning device has been conditioned in accordance with § 163.6(a), its total candlepower per incident foot candle shall be not less than the values specified in Table I of Appendix A of this chapter for each of the listed entrance angles.

(e) Luminance. When the orange fluorescent material on the warning device is tested in accordance with § 163.6(c), both before and after the warning device has been conditioned in accordance with § 163.6(a), it shall have a minimum relative luminance of 25% of a flat magnesium oxide surface and a minimum product of that relative luminance and width in inches of 44.

(f) Stability. When the warning device is erected on a horizontal brushed concrete surface both with and against the brush marks and subjected to a horizontal wind of 40 miles per hour in any direction for 3 minutes all of the following apply:

(1) No part of it shall slide more than 3 inches from its initial position.

(2) Its triangular portion shall not tilt to a position that is more than 10° from the vertical.

(3) Its triangular position shall not turn through a horizontal angle of more than 10° in either direction from the initial position.

(g) Durability. When the warning device is conditioned in accordance with § 163.6(a), no part of the warning device shall become warped or separated from the rest of the warning device.

History

• Authority: The provisions of this Chapter 163 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 163 adopted April 7, 1978, effective April 8, 1978, 8 Pa.

67 Pa. Code § 163.6 Test procedures.

(a) Conditions. Test conditions shall be as follows:

(1) Submit the warning device to the following conditioning sequence, returning the device after each step in the sequence to ambient air at 68°F for at least 2 hours:

(i) Minus 40°F for 16 hours in a circulating air chamber using ambient air which would have not less than 30% and not more than 70% relative humidity at 70°F.

(ii) 150°F for 16 hours in a circulating air oven using ambient air which would have not less than 30% and not more than 70% relative humidity at 70°F.

(iii) 100°F and 90% relative humidity for 16 hours.

(iv) Salt spray (fog) test in accordance with American Society of Testing and Materials Standard B-117, ‘‘Standard Method of Salt Spray (fog) testing,’’ August, 1964, except that the test shall be for four hours rather than 40 hours.

(v) Immersion for 2 hours in water at a temperature of 100°F.

(b) Reflectivity test. The red reflex reflective material shall be tested as follows:

(1) Unless dual purpose material is used, prevent the orange fluorescent material from affecting the photometric measurement of the reflectivity of the red reflex reflective material, either by separation or masking.

(2) Use a lamp with a tungsten filament operating at 2856° Kelvin color temperature as the source of illumination.

(3) Place the source of illumination 100 feet from the red reflex reflective material, Figure 2 of Appendix A.

(4) Place the observation point directly above the source of illumination, Figure 2 of Appendix A.

(5) Circulate the total candlepower per incident foot candle of the red reflex reflective material at each of the entrance and observation angles specified in Table 1 of Appendix A.

(c) Luminance test. The orange fluorescent material shall be tested as follows:

(1) Unless dual purpose material is used, prevent the red reflex reflective material from affecting the photometric measurement of the luminance of the orange fluorescent material.

(2) Using a 150 watt high pressure xenon compact arc lamp as the light source, illuminate the test sample at an angle of incidence of 45° and an angle of observation of 90°. If dual purpose material is being tested, illuminate the sample diffusely through an integrating sphere.

(3) Measure the luminance of the material at a perpendicular viewing angle, with no ray of the viewing beam more than 5° from the perpendicular to the specimen.

(4) Repeat the procedure for a flat magnesium oxide surface, and compute the quotient (percentage) of the luminance of the material relative to that of the magnesium oxide surface.

This section cited in 67 Pa. Code § 163.5 (relating to requirements).

[39 FR 28636, Aug. 9, 1974, as amended at 40 FR 4, Jan. 2, 1975]

This appendix cited in 67 Pa. Code § 163.4 (relating to definitions); 67 Pa. Code § 163.5 (relating to requirements); and 67 Pa. Code § 163.6 (relating to test procedures).

History

• Authority: The provisions of this Chapter 163 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 163 adopted April 7, 1978, effective April 8, 1978, 8 Pa.

Chapter 165 Slow-Moving Vehicle Identification Emblem

67 Pa. Code § 165.1 Purpose.

The purpose of this chapter is to establish specifications which define a unique identification emblem for use on slow-moving vehicles when operated or transported on public roads.

History

• Authority: The provisions of this Chapter 165 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 165 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 165.2 Scope.

This chapter establishes emblem dimensional specifications, performance requirements, and related test procedures.

History

• Authority: The provisions of this Chapter 165 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 165 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 165.3 Display requirements.

All farm machinery and implements of husbandry including all road construction and maintenance machinery designed to operate at 25 miles per hour or less, traveling on a public highway day or night shall display, on the rear of the vehicle, a slow-moving vehicle reflective emblem as specified in subsection (a) of the act. The emblem shall be positioned as near as practicable to the center of the machinery.

History

• Authority: The provisions of this Chapter 165 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 165 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 165.4 Description.

The identification emblem, Figure 1, shall consist of a fluorescent yellow-orange triangle with a dark, red reflective border. The yellow-orange fluorescent triangle is for daylight identification. The reflective border defines the shape of the fluorescent color in daylight and becomes a hollow red triangle in the path of motor vehicle headlights at night. The emblem may be permanently mounted or portable.

The provisions of this § 165.4 amended July 21, 1978, effective July 22, 1978, 8 Pa.B. 2076.

History

• Authority: The provisions of this Chapter 165 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 165 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 165.5 Performance requirements.

(a) Visibility. The emblem shall be entirely visible in daylight and at night from all distances between 600 feet and 100 feet (182.88 meters to 30.48 meters) from the rear when directly in front of lawful upper beam of headlamps.

(b) Dimensional requirements. The size shall be as shown in Figure 1.

(c) Color and reflectivity. Requirements for color and reflectivity are as follows:

(1) The spectrophotometric color values of the yellow-orange fluorescent material shall have a dominant wave length of 590,610 millimicrons and a purity of 98% before test. After durability test, § 165.6(b) (relating to test procedures), the dominant wave length of the fluorescent material shall not change more than 10%.

(2) The reflective material shall have minimum intensity values at each of the angles listed in Table 1. After durability test, § 165.6(b), the minimum reflective intensity values for the reflective material shall not change more than 20% from the values specified in Table 1.

*Measurements shall be conducted in accordance with photometric testing procedures for reflex-reflectors as specified in Society of Automotive Engineers Standard, SAE J594, Reflex Reflectors, and using 50, ±5 sq. in. (322.6, ±32.3 sq. centimeters) of reflective material. The maximum dimension of the test surface shall not be greater than 1.5 times the minimum dimension. The reflective intensity (R) is computed from the equation.

whereR = reflective intensity, candlepower per incident foot-candle per square footLr = illumination incident upon receiver at observtion point, foot-candles Ls = illumination incident upon a plane perpendicular to the incident ray at the test specimen position, foot-candles d = distance from test specimen to source of illumination (100 ft. as specified in SAE J594), feet A = area of test surface, square feet

(d) Durability. Requirements for durability shall be as follows:

(1) The reflective and fluorescent materials shall be tough, flexible, and of sufficient thickness and strength to meet the requirements of this section and § 165.6. After the durability test, § 165.6(b), the fluorescent and reflective material shall show no appreciable discoloration, cracking, blistering, loss of durable bond or dimensional change.

(2) Backing material for portable identification emblems shall be equivalent to 0.040 inch (1.02 millimeter) minimum thickness aluminum, 22-gage (0.030 inch or 0.76 millimeter minimum thickness mill—galvanized or coated sheet steel with the surface clean and receptive to a durable bond. The backing material shall be free of burrs.

(3) These requirements shall be minimal and shall not preclude the use of materials having superior performance.

This section cited in 67 Pa. Code § 165.6 (relating to test procedures).

History

• Authority: The provisions of this Chapter 165 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 165 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 165.6 Test procedures.

(a) References. The emblem shall be tested in conformance with the following sections from SAE J575, ‘‘Tests for Motor Vehicle Lighting Devices and Components’’:

(1) Section B—Samples for Tests.

(2) Section D—Laboratory Facilities.

(3) Section E—Vibration Test.

(4) Section H—Corrosion Test, pertains to face of emblem only.

(b) Durability test. Samples shall be exposed to the sun at an angle of 45° to horizontal and facing south as specified in American Society for Testing and Materials, ASTMD1014, ‘‘Conducting Exterior Exposure Tests of Paints on Steel.’’

(c) Drop test. Each portable emblem shall be dropped from a height of 5 feet (1.53 meters) to a smooth hard surface equivalent to rigid metal or concrete. Each portable emblem shall be submitted to three drop tests: corner drop, edge drop and flat drop. Failure will be considered to have occurred when the emblem no longer meets requirements in § 165.5 (relating to performance requirements).

The provisions of this § 165.6 amended July 21, 1978, effective July 22, 1978, 8 Pa.B. 2076.

This section cited in 67 Pa. Code § 165.5 (relating to performance requirements).

History

• Authority: The provisions of this Chapter 165 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 165 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 165.7 Mounting.

(a) General. Both the permanently mounted emblem and the portable emblem shall be mounted point up, see Figure 1, in a plane perpendicular to the direction of travel plus or minus 10 degrees. The emblem shall be placed centrally at the rear of the vehicle, unobscured and 2 to 6 feet (.61 to 1.83 meters) above the ground measured from the lower edge of the emblem. It may be permanently attached to equipment when practical. Portable emblems shall be mounted by using bracket sockets and identification emblem brackets specified in ASAE Standard ASAE S277, ‘‘Mounting Brackets and Socket for Agricultural and Industrial Equipment Warning Lamp and Slow-Moving Vehicle (SMV) Identification Emblem.’’

(b) Other devices. The emblem shall not replace such warning devices as tail lamps, reflectors, flashing lights or warning flags and is not to be used as a clearance marker for wide equipment.

The provisions of this § 165.7 amended July 21, 1978, effective July 22, 1978, 8 Pa.B. 2076.

History

• Authority: The provisions of this Chapter 165 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 165 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

Chapter 167 Portable Emergency Warning Devices

67 Pa. Code § 167.1 Authority.

This chapter, governing approval of portable emergency warning devices, has been promulgated under 75 Pa.C.S. § 4530 (relating to portable emergency warning devices).

The provisions of this § 167.1 adopted October 21, 1977, effective October 22, 1977, 7 Pa.B. 3131.

History

• Authority: The provisions of this Chapter 167 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 167 adopted October 21, 1977, effective October 22, 1977, 7 Pa.

67 Pa. Code § 167.2 Scope and application.

Except for a truck registered as a Class I or Class II, every truck, truck tractor or bus, and every motor vehicle towing a trailer shall carry three portable emergency warning devices of a type specified in § 167.3 (relating to types of warning devices), which are consistent with 49 CFR 393.95 (relating to emergency equipment on all power units).

The provisions of this § 167.2 amended under the Vehicle Code, 75 Pa.C.S. § § 4103, 4530 and 6103.

The provisions of this § 167.2 adopted October 21, 1977, effective October 22, 1977, 7 Pa.B. 3131; amended December 28, 1979, effective December 29, 1979, 9 Pa.B. 4275; amended March 18, 1988, effective March 19, 1988, 18 Pa.B. 1205. Immediately preceding text appears at serial page (56734).

This section cited in 67 Pa. Code § 167.3 (relating to types of warning devices); and 67 Pa. Code § 167.8 (relating to display).

History

• Authority: The provisions of this Chapter 167 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 167 adopted October 21, 1977, effective October 22, 1977, 7 Pa.

67 Pa. Code § 167.3 Types of warning devices.

One of the following combinations of warning devices shall be carried on those vehicles, specified in § 167.2 (relating to scope and application), and equipped before January 1, 1974:

(1) Three liquid burning emergency flares which satisfy the requirements of SAE Standard J597, ‘‘Liquid Burning Emergency Flares’’, and three fusees and two red flags.

(2) Three electric emergency lanterns which satisfy the requirements of SAE Standard J596, ‘‘Electric Emergency Lanterns’’, and two red flags.

(3) Three red emergency reflectors and two red flags. A red emergency reflector shall conform to the following requirements:

(i) Reflecting elements required. A reflector shall be composed of at least two reflecting elements or surfaces on each side, front and back. The reflecting elements, front and back, shall be approximately parallel.

(ii) Reflecting elements to be Class A. A reflecting element or surface shall meet the requirement for a red Class A reflector contained in the SAE Recommended Practice ‘‘Reflex Reflectors.’’ The aggregate candlepower output of all the reflecting elements or surface in one direction shall not be less than 12 when tested in a perpendicular position with observation at 1/3° as specified in the Photometric Test contained in the above mentioned Recommended Practice.

(iii) Reflecting surfaces, protection. If the reflector or the reflecting elements are so designed or constructed that the reflecting surfaces would be adversely affected by dust, soot or other foreign matter or contacts with other parts of the reflector or its container, then the reflecting surfaces shall be adequately sealed within the body of the reflector.

(iv) Reflecting surfaces to be perpendicular. A reflector shall be so constructed that, when the reflector is properly placed, every reflecting element or surface is in a plane perpendicular to the plane of the roadway surface. Reflectors which are collapsible shall be provided with means for locking the reflector elements or surfaces in the required positions; such locking means shall be readily capable of adjustment without the use of tools or special equipment.

(v) Reflectors, mechanical adequacy. A reflector shall be of such weight and dimensions as to remain stationary when subjected to a 40 mile per hour wind when properly placed on a clean, dry, paved road surface. The reflector shall be so constructed as to withstand reasonable shocks without breakage.

(vi) Reflectors, incorporation on holding device. A set of reflectors and the reflecting elements or surfaces incorporated therein shall be adequately protected by enclosure in a box, rack or other adequate container specially designed and constructed so that the reflectors may be readily extracted for use.

(vii) Certification. A red emergency reflector designed and constructed to comply with these requirements shall be plainly marked with the certification of the manufacturer that it complies therewith.

(4) Three red emergency reflective triangles.

(i) Requirements for emergency reflective triangles manufactured before January 1, 1974. A reflector shall be a collapsible equilateral triangle, with legs not less than 17 inches long and not less than 2 inches wide. The front and back of the exposed leg surfaces shall be covered with red reflective material not less than 1/2 inch in width. The reflective surface, front and back, shall be approximately parallel. When placed in position, one point of the triangle shall be upward. The area within the sides of the triangle shall be open.

(ii) Reflective material. The reflecting material covering the leg of the equilateral triangle shall comply either with:

(A) The requirements for reflex-reflector elements made of red methyl-methacrylate plastic material, meeting the color, sealing, minimum candlepower, wind test, vibration test and corrosion resistance test of section 3 and 4 of Federal Specification RR-R-1185, dated November 17, 1966.

(B) The requirements for red reflective sheeting of Federal Specification L-S-300, dated September 7, 1965, except that the aggregate candlepower of the assembled triangle, in one direction, shall be not less than eight when measured at .2° divergence angle and -4° incidence angle, and not less than 80% of the candlepower specified for 1 square foot of material at all other angles shown in Table II, Reflective Intensity Values, of L-S-300.

(iii) Reflective surfaces alignment. A reflective triangle shall be so constructed that, when the triangle is properly placed, the reflective surfaces shall be in a plane perpendicular to the plane of the roadway surface with a permissible tolerance of plus or minus 10°. Reflective triangles which are collapsible shall be provided with means for holding the reflective surfaces within the required tolerance. The holding means shall be readily capable of adjustment without the use of tools or special equipment.

(iv) Reflectors mechanical adequacy. A reflective triangle shall be of such weight and dimensions as to remain stationary when subjected to a 40 mile per hour wind when properly placed on a clean, dry paved road surface. The reflective triangle shall be so constructed as to withstand reasonable shocks without breakage.

(v) Reflectors, incorporation in holding device. A set of reflective triangles shall be adequately protected by enclosure in a box, rack or other adequate container specially designed and constructed so that the reflectors may be readily extracted for use.

(vi) Certification. A red emergency reflective triangle designed and constructed to comply with this section shall be plainly marked with the certification of the manufacturer that it complies therewith.

(5) Three bidirectional emergency reflective triangles that conform to the requirements of Federal Motor Vehicle Safety Standard No. 125, section 571.125.

The provisions of this § 167.3 adopted October 21, 1977, effective October 22, 1977, 7 Pa.B. 3131.

This section cited in 67 Pa. Code § 167.2 (relating to scope and application); 67 Pa. Code § 167.4 (relating to vehicles equipped with warning devices on or after January 1, 1974); and 67 Pa. Code § 167.8 (relating to display).

History

• Authority: The provisions of this Chapter 167 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 167 adopted October 21, 1977, effective October 22, 1977, 7 Pa.

67 Pa. Code § 167.4 Vehicles equipped with warning devices on or after January 1, 1974.

(a) Emergency reflective triangles. Three bidirectional emergency reflective triangles that conform to the requirements of Federal Motor Vehicle Safety Standard No. 125, section 571.125.

(b) Supplementary devices. Fusees, liquid-burning emergency flares, and red electric lanterns that conform to § 167.3 (relating to types of warning devices) may be used to supplement the emergency reflective triangles required in subsection (a).

The provisions of this § 167.4 adopted October 21, 1977, effective October 22, 1977, 7 Pa.B. 3131.

History

• Authority: The provisions of this Chapter 167 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 167 adopted October 21, 1977, effective October 22, 1977, 7 Pa.

67 Pa. Code § 167.5 Flame producing devices prohibited on certain vehicles.

Liquid-burning emergency flares, fusees, oil lanterns or a signal produced by a flame may not be carried on a motor vehicle transporting explosives, Class A or Class B; a cargo tank motor vehicle used for the transportation of flammable liquids or flammable compressed gas whether loaded or empty; or a motor vehicle using compressed gas as a motor fuel.

The provisions of this § 167.5 adopted October 21, 1977, effective October 22, 1977, 7 Pa.B. 3131.

History

• Authority: The provisions of this Chapter 167 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 167 adopted October 21, 1977, effective October 22, 1977, 7 Pa.

67 Pa. Code § 167.6 Requirements for fusees.

A fusee shall be adequate, reliable, capable of burning for at least 15 minutes, and shall comply with the specifications of the Bureau of Explosives, Two Pennsylvania Plaza, New York, N.Y. 10001, dated February 1969. A fusee shall be marked to show that it complies with the specifications of the Bureau of Explosives.

The provisions of this § 167.6 adopted October 21, 1977, effective October 22, 1977, 7 Pa.B. 3131.

History

• Authority: The provisions of this Chapter 167 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 167 adopted October 21, 1977, effective October 22, 1977, 7 Pa.

67 Pa. Code § 167.7 Requirements for red flags.

Red flags may be not less than 12 inches square, with standards adequate to maintain the flags in an upright position.

The provisions of this § 167.7 adopted October 21, 1977, effective October 22, 1977, 7 Pa.B. 3131.

History

• Authority: The provisions of this Chapter 167 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 167 adopted October 21, 1977, effective October 22, 1977, 7 Pa.

67 Pa. Code § 167.8 Display.

(a) General. Whenever a motor vehicle of a type referred to in § 167.2 (relating to scope and application) is disabled or stopped upon a roadway or shoulder, the driver of the stopped or disabled vehicle shall immediately flash the two front and two rear signal lamps simultaneously as a vehicular traffic hazard warning and continue the flashing until he places the warning devices of the type required under § 167.3 (relating to types of warning devices) in use on the highway. The flashing signals shall be used during the time the warning devices are picked up for storage before movement of the vehicle. The flashing lights may be used at other times while a vehicle is stopped in addition to, but not in lieu of, the warning devices of the type required under § 167.3.

(b) Placement of warning devices. Requirements for placement shall be as follows:

(1) General rule. Except, as provided in paragraph (2), whenever a vehicle is stopped or disabled upon the roadway or the shoulder for any cause other than necessary traffic stops, the driver shall as soon as possible, but in any event within 10 minutes, place the warning devices of the type required under § 167.3 in the following manner:

(i) One at the traffic side of the stopped or disabled vehicle, within 10 feet of the front or rear of the vehicle.

(ii) One at a distance of approximately 100 feet from the stopped or disabled vehicle in the center of the traffic lane or shoulder occupied by the vehicle and in the direction toward traffic approaching in that lane.

(iii) One at a distance of approximately 100 feet from the stopped or disabled vehicle in the center of the traffic lane or shoulder occupied by the vehicle and in the direction in which traffic in that lane is moving.

(2) Special rules. Special rules for placement shall be as follows:

(i) Fusees. The driver of a vehicle equipped with liquid-burning emergency flares shall first place a fusee at the location specified in paragraph (1)(iii).

(ii) Daylight hours. Except as provided in subparagraph (iii) during the period lighted lamps are not required, three emergency triangles shall be placed as specified in paragraph (1) or two red flags as specified in paragraph (1)(i)—(iii) and within a time of 10 minutes.

(iii) Business or residential districts. The placement of warning devices may not be required within the business or residential district of a municipality, except during the time lighted lamps are required by 75 Pa.C.S. § 4302 (relating to period for requiring lighted lamps) and when street or highway lighting is insufficient to make a vehicle clearly discernible at a distance of 500 feet to persons on the highway.

(iv) Hills, curves and obstructions. If a motor vehicle is stopped or disabled within 500 feet of a curve, crest of a hill or other obstruction to view, the driver shall place the warning signal required by § 167.3 in the direction of the obstruction to view at a distance of 100 feet to 500 feet from the stopped or disabled vehicle so as to afford ample warning to other users of the highway.

(v) Divided or one-way roads. If a motor vehicle is stopped or disabled upon a roadway or shoulder of a divided or one-way highway, the driver shall place the warning devices required by § 167.3, one at a distance of 200 feet and one at a distance of 100 feet in a direction toward approaching traffic in the center of the lane or shoulder occupied by the vehicle, and one at the traffic side of the vehicle within 10 feet of the vehicle.

(vi) Leaking, flammable material. If gasoline or other flammable liquid, or combustible liquid or gas seeps or leaks from a fuel container or a motor vehicle stopped upon a highway, no emergency warning signal producing a flame may be lighted or placed except at a distance from any liquid or gas that will assure the prevention of a fire or explosion.

The provisions of this § 167.8 adopted December 15, 1978, effective December 16, 1978, 8 Pa.B. 3578.

This section cited in 67 Pa. Code § 171.150 (relating to use of portable emergency warning devices).

History

• Authority: The provisions of this Chapter 167 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 167 adopted October 21, 1977, effective October 22, 1977, 7 Pa.

Chapter 169 Diesel Smoke Measurement Procedure

67 Pa. Code § 169.1 Purpose.

This chapter provides a procedure for the assessment of transient and steady-state smoke emissions from vehicular diesel engines using an engine dynamometer cycle which simulates normal operating conditions. While intended for engine development and evaluation, it is similar to a procedure which has been used for regulatory approval by the United States government.

The provisions of this § 169.1 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2432.

History

• Authority: The provisions of this Chapter 169 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 169 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 169.2 Scope.

(a) This chapter applies to the dynamometer test procedure which can be used to assess the smoke emission characteristics of vehicular diesel engines. In particular, these procedures describe the smoke emissions test, smoke test cycle, equipment and instrumentation, instrument checks and chart reading and calculation, for evaluation of the steady-state and transient smoke emission characteristics of an engine.

(b) A full-flow smoke opacimeter as opposed to other types of smokemeters shall be required because the test is designed to monitor transient smoke. Sampling type instruments have an excessive and variable delay and do not provide an accurate measurement of the transient smoke output of the engine. Appendix A shows that the Beer-Lambert law can be used to correlate opacity measurements with different meter path lengths.

(c) Additional or modified test conditions may be requested when this chapter is cited in a request for a smoke assessment. These modified test conditions should be clearly stated whenever the results of the smoke assessments are reported. Similarly if the fuel is specified in the test request, this should be stated when the results are reported.

The provisions of this § 169.2 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2432.

History

• Authority: The provisions of this Chapter 169 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 169 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 169.3 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Diesel smoke—Particles, including aerosols, suspended in the engine’s gaseous exhaust stream of the engine which obscure, reflect or refract light. Full load power—The power produced, at the speed being considered, when the throttle lever is placed in the maximum fuel position. Idle speed—The low idle speed of the engine as specified by the manufacturer. Intermediate speed—The peak torque speed or 60% of rated speed, whichever is higher. Opacity—That fraction of light transmitted from a source which is prevented from reaching the observer or instrument receiver expressed in percent [opacity = 100%(1—transmittance)]. Peak torque speed—The speed at which the engine develops maximum torque as stated by the manufacturer. Rated brake power—The maximum brake power output of an engine in horsepower (watts) as stated by the manufacturer, in accordance with SAE J270. Rated speed—The speed at which the manufacturer specifies the rated brake power of an engine. Resolution—The minimum distinguishable reading, for a given trace width and scale combination, expressed as a percent of full-scale. Smoke opacimeter—An optical instrument designed to measure the opacity of diesel exhaust gases. The full flow of exhaust gases passes through the optical unit. A smoke opacimeter is described in SAE J255. Span—The distance between zero and full-scale deflection of the readout device used with the smoke opacimeter. Vehicular diesel engine—A compression ignition internal combustion engine of less than 1000 horsepower, 745,700 watts, used to propel on land, nonrail, mobile equipment.

The provisions of this § 169.3 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2432.

History

• Authority: The provisions of this Chapter 169 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 169 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 169.4 Smoke emission test.

The following sequence of operations shall be performed during engine dynamometer testing for smoke emissions:

(1) Control the temperature of the air supplied to the engine to between 80° and 90°F (27° and 32°C). Test only when the observed barometric pressure is between 28.5 and 30.5 inches (724 and 725 millimeters) of mercury in the test area. Starting with an engine at operating temperature, operate the engine at the condition of maximum mass fuel flow, adjust the intake air restriction to within 1 inch (25.4 millimeters) of water of the maximum recommended by the manufacturer and adjust the exhaust system back pressure to within .2 inch (5.1 millimeters) of mercury of the maximum recommended by the manufacturer. Measure and record maximum observed power, fuel rate, engine speed, intake air temperature, intake air restriction and exhaust back pressure.

(2) Operate the engine at the intermediate speed. Measure and record maximum observed torque, fuel rate, engine speed, intake air temperature, intake air restriction and exhaust back pressure. Determine by experiment, if not previously determined, the preset loads required by the provisions of § 169.5 (relating to smoke test cycle).

(3) Switch on the smoke opacimeter. Allow for the meter circuit to stabilize according to the instruction of the manufacturer. Check the linearity of the meter according to the provisions of § 169.8 (a)(1) and (3) (relating to instrument checks). Mount the smoke opacimeter in accordance with the provisions of § 169.7(b) (relating to equipment and instrumentation) so that the natural flow of the exhaust stream is not disturbed by the meter, the mounting fixture or a ventilation system.

(4) Pass the exhaust flow through the smoke opacimeter so that the opacity of the exhaust plume may be measured.

(5) Operate the engine at maximum power for 10 minutes or until the engine coolant, oil pressures and temperatures are stabilized.

(6) Discontinue passing the exhaust gas stream through the meter. Set the zero and span of the smoke opacimeter recorder.

(7) Operate the engine in the manner required by the provisions of § 169.5. Continuously record smoke opacity and engine speed on a strip chart recorder or other appropriate instrument. The chart speed shall be at least 1 inch (25 millimeters) per minute during the idle mode and at least 15 inches (381 millimeters) per minute during acceleration and lugging modes.

(8) Repeat the procedures as contained in the provisions of § 169.5 (a)—(d) until the entire cycle has been run three consecutive times. If the acceleration and lugging modes have been performed within the tolerances specified in the provisions of § 169.5, then the tests may be terminated at this time. If not, then the test procedure shall be rerun until data have been obtained within the specified limits.

(9) Within 1 minute after completion of the requirements of paragraph (8), recheck the calibration of the smoke opacimeter as described in paragraph (6). If either zero or span drift is in excess of 2% opacity, the test results should be considered invalid.

The provisions of this § 169.4 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2432.

This section cited in 67 Pa. Code § 169.5 (relating to smoke test cycle); and 67 Pa. Code § 169.7 (relating to equipment and instrumentation).

History

• Authority: The provisions of this Chapter 169 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 169 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 169.5 Smoke test cycle.

A smoke emissions test specified in the provisions of § 169.4 (relating to smoke emission test) is conducted according to the following sequence:

(1) Idle mode. Idle the engine for 1.5 to 2 minutes at the recommended low idle speed of the manufacturer with the dynamometer controls set to provide minimum load by turning the load switch to the ‘‘off’’ position or by adjusting the controls to the minimum load position.

(2) Acceleration mode. Test procedures shall be as follows:

(i) Accelerate the engine at full throttle against inertia or alternately against a preprogrammed dynamometer load such that the engine speed increases to 85—90% of rated speed in 3.5 to 5.5 seconds. For maximum repeatability on turbocharged engines with more than 1.5 pressure ratio, this should be held to closer limits. The acceleration should be kept linear within plus or minus 100 revolutions per minute.

(ii) When the engine reaches 85—90% of rated speed, rapidly close the throttle and remove the dynamometer load, if any. Apply the preset load required to perform the acceleration in subparagraph (iii). Allow the engine speed to drop to the intermediate speed within plus or minus 100 revolutions per minute.

(iii) Rapidly move the throttle to the full throttle position and accelerate the engine against a dynamometer load schedule such that the engine speed reaches 95—100% of rated speed in 10, plus or minus 2, seconds.

(3) Rated speed mode. Test procedures shall be as follows:

(i) Proceeding from the acceleration mode, adjust the dynamometer controls to permit the engine to develop full load power at rated speed.

(ii) Allow the engine to operate for 1 minute after the load and speed have stabilized at full load power at rated speed.

(4) Lugging mode. Adjust the dynamometer controls without changing the throttle position to slow the engine gradually to the intermediate speed. Perform this engine lugging operation smoothly over a period of 35, plus or minus 5, seconds. The slowing rate of the engine should be kept linear within plus or minus 100 revolutions per minute.

(5) Intermediate speed mode. Allow the engine to operate at full load power at the intermediate speed for one minute after the load and speed have stabilized.

(6) Engine unloading. After completion of the lugging and intermediate speed modes, the dynamometer and engine shall be returned to the idle condition described in paragraph (1). The zero and span of the smoke opacimeter may be checked and reset if necessary. If either zero or span drift is in excess of 2%, the test results should be considered invalid.

The provisions of this § 169.5 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2432.

This section cited in 67 Pa. Code § 169.4 (relating to smoke emission test); 67 Pa. Code § 169.7 (relating to equipment and instrumentation); and 67 Pa. Code § 169.9 (relating to chart reading—general engine applications).

History

• Authority: The provisions of this Chapter 169 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 169 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 169.6 Information to be recorded.

The following information shall be recorded in a test log for each smoke emissions test conducted:

(1) Performance data. The following information shall be included:

(i) Date, time of day, number of engine hours and observers.

(ii) Barometric pressure and standard dry and wet bulb temperature readings.

(iii) Maximum observed power, fuel rate, engine speed, intake air restriction, exhaust restriction and intake air temperature at rated speed.

(iv) Maximum observed torque, fuel rate, engine speed, intake air restriction and intake air temperature at the intermediate speed.

(v) Smoke opacimeter type and identifying number.

(vi) Exhaust pipe diameter.

(vii) Calibrated and observed values of calibration filter.

(viii) Other desired information.

(2) Records. The following information shall be recorded on the recorder sheet at the time of each smoke emission test:

(i) Test number.

(ii) Engine model and serial number.

(iii) Engine hours.

(iv) Test date and time.

(v) Smoke opacimeter type and number.

(vi) Identify calibration traces and note the value of calibration filter(s).

(vii) Identify smoke and speed traces.

The provisions of this § 169.6 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2432.

History

• Authority: The provisions of this Chapter 169 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 169 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 169.7 Equipment and instrumentation.

The following equipment and instruments shall be used for smoke emissions and service simulation tests:

(1) An engine dynamometer with adequate characteristics to perform the tests required by the provisions of § 169.5 (relating to smoke test cycle).

(2) Provide an exhaust system of proper diameter and suitable length for the engine being tested, with provisions for mounting the smoke opacimeter. Test data show that a range of length 4 to 20 feet (1.2 to 6.1 meters) does not change the meter reading. In the case of short exhaust systems, the opacimeter may be affected by the high temperature. The system shall be capable of being adjusted to meet the exhaust back pressure required to comply with the provisions of § 169.4 (relating to smoke emission test). Install a 2 foot (610 millimeters) section of smooth circular pipe, free of elbows and bends, prior to the smoke opacimeter location. If an opacimeter which mounts at the end of the exhaust system is used, the optical unit of the opacimeter shall be mounted radially to the exhaust pipe so that the measurement will be made at right angles to the axis of the exhaust plume. The opacimeter shall be located at the termination of the exhaust stack with the light beam of the opacimeter just clearing the stack termination point. The full flow of the exhaust stream shall be centered between the source and detector apertures, or windows and lenses, and on the axis of the light beam. If a muffler is needed, a conventional automotive muffler of a size and type commonly used with the engine may be installed in this system.

(3) Mount a full-flow, light-extinction, smoke opacimeter in or on the exhaust system at the location specified in paragraph (2). When dual exhaust systems are used, both systems shall be equipped with a smoke opacimeter measuring an exhaust stream of (127 millimeters) diameter or larger.

(4) Smoke opacity and engine speed shall be monitored continuously, using a strip chart recorder or equivalent, with a minimum speed range of .5—15 inches per minute (13—381 millimeters per minute), and a maximum full-scale response time for smoke opacity of .5 second. (Response time for 95% to 100% of full-scale within .5 second). The reading shall stabilize at 100% within 1 second. An automatic marker indicating 1 second intervals to verify chart speed is desirable.

(5) The various components, opacimeter, electronic filters and recorder, should comprise a system capable of data output within the following limits:

(i) The smoke opacity trace shall be linear when calibrated to read from zero to 100% (full-scale). The trace should have a resolution within 1% of full-scale reading.

(ii) The engine speed trace shall be linear when calibrated to read from the low idle speed to rated engine speed. The trace should have a resolution within 1% of rated engine speed.

(iii) The chart speed used to record smoke opacity shall provide a time resolution of at least .25 second.

(6) The use of general instrumentation for measuring engine speed, power, fuel rate, inlet air restriction, exhaust back pressure, inlet air temperature and humidity, barometric pressures and such pressures and temperatures while performing tests required in this chapter should not affect the recorded smoke opacity.

(7) A separate low-pass electronic filter with the following performance characteristics may be installed between the smoke opacimeter and the recorder to achieve high frequency attenuations:

(i) Three decibels point—10 hertz.

(ii) Insertion loss—zero, plus or minus .5 decibel.

(iii) Selectivity—12 decibels per octave above 10 hertz.

(iii) Attenuation—27 decibels down at 40 hertz minimum.

The provisions of this § 169.7 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2432.

This section cited in 67 Pa. Code § 169.4 (relating to smoke emission test).

History

• Authority: The provisions of this Chapter 169 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 169 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 169.8 Instrument checks.

(a) Smoke opacimeter. The smoke opacimeter shall be checked according to the following procedure prior to each test:

(1) Check the surfaces of the optical section to verify that they are clean and free from foreign material and fingerprints.

(2) Adjust the zero control under conditions of ‘‘no smoke’’ to give a recorder trace of zero.

(3) Use calibrated neutral density filters having approximately 10%, 20% and 40% opacity to check the linearity of the instrument. Deviations in excess of 1% of the calibrated value of a filter should be corrected.

(i) Insert the filter in the light path perpendicular to the axis of the beam and adjacent to the opening from which the beam of light from the light source emanates and note the recorder response.

(ii) For maximum correlation of results, the calibration of the neutral density filters should be traceable to the United States National Bureau of Standards.

(b) Other instruments. The instruments for measuring engine speed, torque, air inlet restrictions, exhaust system back pressure, fuel rate and so forth, and for recording engine speed and smoke opacity used in the tests prescribed herein shall be calibrated periodically in accordance with good technical practice.

The provisions of this § 169.8 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2432.

This section cited in 67 Pa. Code § 169.4 (relating to smoke emission test).

History

• Authority: The provisions of this Chapter 169 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 169 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

67 Pa. Code § 169.9 Chart reading—general engine applications.

The following procedure shall be used in reading the smoke opacimeter recorder chart:

(1) Locate the start of the acceleration modes tested under the provisions of § 169.5(2)(i) and (iii) (relating to smoke test cycle) and the start of the lugging mode tested under the provisions of § 169.5(3) on the speed trace.

(i) Divide both of the acceleration modes into .5 second intervals beginning at the start of the first acceleration of each test. Determine the average smoke reading during each .5 second interval.

(ii) Locate and record the 15 highest .5 second readings during both acceleration modes of each smoke cycle. Average the 45 readings from the three cycles. Record and designate this value as (a), which shall represent the acceleration smoke characteristic of the engine.

(2) Locate the lugging mode tested under the provisions of § 169.5(4).

(i) Divide the lugging mode into .5 second intervals and determine the average smoke readings during each .5 second interval.

(ii) Locate and record the five highest .5 second intervals during the lugging mode. Average the 15 readings from the three cycles. Record and designate this value as (b), which shall represent the lugdown smoke characteristics of the engine.

(3) Reexamine the average .5 second intervals of paragraphs (1)(ii)—(2)(ii) and locate the highest .5 second reading during each dynamometer cycle. Average these three readings from the three cycles. Record and designate as (c), which shall represent the peak smoke opacity characteristic of the engine.

(4) Locate the last 15 seconds of the rated speed mode of each cycle tested under the provisions of § 169.5 (3)(ii). Determine the average smoke reading during this period. Average the three values and record and designate as (d), which shall represent the full load, rated speed smoke characteristic of the engine.

(5) Locate the last 15 seconds of the intermediate speed mode run of each cycle tested under the provisions of § 169.5(5). Determine the average smoke reading during this period. Average the three values and record and designate as (e), which shall represent the full load, intermediate speed smoke characteristic of the engine.

The provisions of this § 169.9 adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2432.

In November 1967, the SAE Diesel Smoke Measurement Task Force conducted a test program to establish the correlation between a number of diesel smoke measurement systems. A secondary goal of this task force was to establish the validity of the Beer-Lambert relationship for the transmission of light through various diameter plumes: T = e –naQ1= e –K1

Where:

T = transmission.

n = number of particles per unit volume.

a = mean particle projected area.

Q = particle extinction coefficient.

l = length of light path.

e = base of natural logarithms.

The n, a, and Q variables are often referred to as the turbidity on attenuation coefficient (k); and are constant for a given soot density.

In the final published report, the SAE Task Force concluded that the Beer-Lambert relationship was usable for transmission predictions.

Figure 5 of the Task Force report (A.W. Carey Jr., ‘‘Steady-State Correlation of Diesel Smoke Meters.’’ Paper 690492 presented at SAE Mid-Year Meeting, Chicago, May 1969) is reproduced in this appendix as Figure A-1. The following is noted in the report:

‘‘Fig. 5 presents the results obtained when the stack size was varied. The effect of stack size as shown in Fig. 5 clearly demonstrates the powerful influence this variable has on the apparent opacity of the smoke column. It is entirely reasonable to expect that the greater optical path length through the smoke column issuing from the 6 inch diameter stack will produce greater extinction of the light than would that from a 3 inch stack. The effect is predicted quite accurately by the Beer-Lambert relationship, as evidenced by the Beer-Lambert prediction points which have been placed along the 6 inch diameter and 3 inch diameter correlation lines. These Beer-Lambert predictions are based on the observed opacity correlation obtained with the 4 inch diameter stack and accuracy of the prediction is excellent.’’

The results of this test are included in SAE J255.

The provisions of this Appendix A adopted August 26, 1977, effective August 27, 1977, 7 Pa.B. 2432.

History

• Authority: The provisions of this Chapter 169 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 169 adopted August 26, 1977, effective August 27, 1977, 7 Pa.

Chapter 173 Flashing or Revolving Lights on Emergency and Authorized Vehicles

67 Pa. Code § 173.1 Purpose.

This chapter pertains to the nature, display, color, minimum performance standards and configuration of flashing, oscillating or revolving lights that are permissible for display by emergency and authorized vehicles.

The provisions of this § 173.1 amended under 75 Pa.C.S. § § 4571, 4572 and 6103.

The provisions of this § 173.1 adopted October 21, 1977, effective October 22, 1977, 7 Pa.B. 3131; amended November 5, 1993, effective November 6, 1993, 23 Pa.B. 5309; amended July 13, 2007, effective July 14, 2007, 37 Pa.B. 3242. Immediately preceding text appears at serial page (317449).

History

• Authority: The provisions of this Chapter 173 issued under 75 Pa.
• Source: The provisions of this Chapter 173 adopted October 21, 1977, effective October 22, 1977, 7 Pa.

67 Pa. Code § 173.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Authorized vehicle—The term as defined in 75 Pa.C.S. § 102 (relating to definitions). Emergency vehicle—The term as defined in 75 Pa.C.S. § 102. Flash—An intermittent burst of light. Flash rate—The rate of flash, revolution or oscillation per minute of a single light, when that light is observed from a fixed position. Flashing headlamp system—A system designed to automatically flash the high intensity—high beam—portion of the headlamps of a vehicle in either an alternate or simultaneous flash. The system shall be designed so that activation of the high intensity—high beam—portion of the standard headlamp system overrides the flashing headlamp system. Flashing light—A light designed to flash by current interruption, or by other means providing an intermittent change in intensity when the light is observed from a fixed position. Hazard warning system—Driver-controlled flashing front and rear lights used to warn approaching motorists when a vehicle is broken down or is traveling at a slow speed. Highway construction and maintenance vehicle—The term as defined in 75 Pa.C.S. § 4572(d) (relating to visual signals on authorized vehicles). Intersection light—A flashing red, blue, white or clear light used as part of a flashing, oscillating, or revolving light system to enhance the visibility of an emergency vehicle from the front and side as it approaches or travels through an intersection. Light activation indicator—An audible signal or an illuminated switch or pilot light which provides the driver of an emergency or authorized vehicle with a clearly audible or visible and continual indicator that a flashing or revolving light, flashing headlamp system, traffic control emergency directional light or authorized nonflashing or nonrevolving light is activated. Light-bar assembly—A device or devices designed and constructed to provide and display more than one steady burning, flashing, oscillating or revolving light. Oscillating light—A light designed to flash by movement back and forth between two or more points, including the alternation between the maximum and minimum voltage. Revolving light—A light designed to give the appearance of flashing by its rotation around a fixed axis through a 360° arc, on a horizontal plane. Single light—A device containing one or more lenses, lamps or bulbs which are designed to produce, when viewed from a fixed position or point, the appearance of one flashing or revolving beam of light. Traffic control emergency directional light assembly—A device electronically designed to display amber or yellow warning signal lights in a distinctive motion-lighting pattern—arrow left, arrow right, center out or alternately flashing—to warn motorists that they are approaching a hazard or to direct them around an impending hazard. Unmarked police vehicle—A police vehicle not equipped with a roof-mounted light-bar assembly. The vehicle may display graphics, markings or decals, identifying the agency or department.

The provisions of this § 173.2 amended under 75 Pa.C.S. § § 4571, 4572 and 6103.

The provisions of this § 173.2 adopted October 21, 1977, effective October 22, 1977, 7 Pa.B. 3131; amended May 12, 1978, effective May 13, 1978, 8 Pa.B. 1329; amended November 5, 1993, effective November 6, 1993, 23 Pa.B. 5309; amended July 13, 2007, effective July 14, 2007, 37 Pa.B. 3242; amended February 27, 2026, effective February 28, 2026, 56 Pa.B. 1113. Immediately preceding text appears at serial pages (387187) to (387188) and (420661).

This section cited in 67 Pa. Code § 173a.2 (relating to definitions).

History

• Authority: The provisions of this Chapter 173 issued under 75 Pa.
• Source: The provisions of this Chapter 173 adopted October 21, 1977, effective October 22, 1977, 7 Pa.

67 Pa. Code § 173.3 Display requirements.

(a) Color. White, clear, red, blue, green, amber or yellow are the only colors permitted for use in flashing or revolving lights.

(1) Chromaticity coordinates. A flashing, revolving or oscillating light must meet or exceed the Chromaticity Coordinates, CIE 1931, Standard Colorimetric System as provided in SAE Standard J578d, Color Specification for Electrical Signal Lighting Devices, September 1978 or subsequent SAE Standards. This requirement does not apply to flashing headlamp systems.

(2) Red lights. A vehicle may display red lights as provided by 75 Pa.C.S. § 4571 (relating to visual and audible signals on emergency vehicles).

(3) Blue lights. A vehicle may display blue lights as provided for by 75 Pa.C.S. § 4572(a) (relating to visual signals on authorized vehicles). Vehicles described in 75 Pa.C.S. § 4572(a) may be equipped with a light-bar assembly using only blue lights. See Figure 3.1.

(4) Combination red-and-blue lights. Vehicles listed under 75 Pa.C.S. § 4571(b) may display combination red-and-blue lights. The privately-owned vehicles defined as emergency vehicles under 75 Pa.C.S. § 102 (relating to definitions) must be equipped under 75 Pa.C.S. § 4571(a).

(4.1) Green lights. Under 75 Pa.C.S. § 4572(b.2), a highway construction and maintenance vehicle may be equipped with one or more flashing or revolving green lights when incorporated into one or more light-bar assemblies containing yellow or amber lights in accordance with this section.

(5) Yellow or amber lights. A vehicle may display yellow or amber lights as follows:

(i) Under 75 Pa.C.S. § 4572(b), an authorized vehicle as defined in 75 Pa.C.S. § 102 and designated in Chapter 15 (relating to authorized vehicles and special operating privileges) may be equipped with flashing or revolving yellow or amber lights or one or more light-bar assemblies containing yellow or amber lights. See Figure 3.1.

Rotating halogen lamps—‘‘V’’ mirrors(contains two single lights)

Rotating halogen lamps—‘‘diamond’’ mirrors(contains four single lights)

• THESE ILLUSTRATIONS REPRESENT TWO COMMON MODELS OF LIGHT-BAR ASSEMBLIES. OTHER LIGHT-BAR ASSEMBLIES MAY BE USED.

(ii) An authorized vehicle which is used in the construction, repair or maintenance of a bridge or highway maybe equipped with traffic control emergency directional light assemblies.

(iii) Emergency vehicles may be equipped with yellow or amber lights, in addition to traffic control emergency directional light assemblies. The yel-low or amber lights shall be mounted on the rear of the vehicle or face rearward so that they are visible from behind the vehicle.

(6) White or clear lights. In addition to flashing or revolving red or combination red-and-blue lights, an emergency vehicle may be equipped with a flashing headlamp system and no more than one flashing, revolving or oscillating white or clear light, or with a light-bar assembly containing no more than three flashing, revolving or oscillating white or clear lights. The vehicle may also be equipped with additional preemptive traffic control devices.

(i) When the light-bar assembly contains three flashing, revolving or oscillating white or clear lights, the center light must be mounted to flash white or clear light only to the front.

(ii) When the vehicle is stationary, the light-bar assembly may not display white or clear light to the rear.

(iii) Flashing, revolving or oscillating white or clear lights and flashing headlamp systems may only be used in conjunction with the flashing or revolving red or combination red-and-blue lights. Flashing, revolving or oscillating white or clear lights and flashing headlamp systems that are not used in conjunction with flashing or revolving red or combination red-and-blue lights do not constitute visual signals under 75 Pa.C.S. § § 3325 and 4571 (relating to duty of driver on approach of emergency vehicle; and visual and audible signals on emergency vehicles).

(7) Steady burning lights. Red, blue, amber or yellow nonflashing or nonrevolving lights—steady burning lights—may be used in conjunction with flashing or revolving lights.

(8) Utility lights. Clear or white forward or side facing steady burning utility lights (that is, take down, alley, spotlight) may not be used as a visual signal for purposes of 75 Pa.C.S. § 3325. These lights may be used while the vehicle is in motion or stationary for the purpose of an emergency, for the safety of the public, or in the enforcement of the law.

(9) Other lights. A vehicle, other than those identified in this chapter, may not be equipped with lights or systems identical or similar to those specified by this subsection, except that school buses and urban mass transit buses which will be used for carrying school children may be equipped with flashing lights as permitted by 75 Pa.C.S. § § 4552(b) and 4553(a) (relating to general requirements for school buses; and general requirements for other vehicles transporting school children), and Chapters 15 and 171 (relating to school buses; and school buses and school vehicles).

(10) Hazard warning systems and turn signals. Hazard warning systems and turn signals are not considered flashing lights for the purposes of this chapter.

(a.1) {Reserved}.

(b) 360° visibility. Except for unmarked police vehicles, when flashing or revolving red, blue, yellow or amber lights are mounted on a vehicle, one or more of these lights shall be mounted to provide visibility to vehicles approaching from any direction (360° visibility), regardless of the method of mounting.

(1) When only one light is used to provide 360° visibility, this light must be in compliance with SAE Standard J845, 360° Emergency Warning Lamps, May 1997, or subsequent SAE Standards.

(2) When more than one light is used to provide 360° visibility, the number of lights used may not exceed those specified in 75 Pa.C.S. § § 4571 and 4572.

(c) Visibility for unmarked police vehicles. When the combination of lights are mounted on an unmarked police vehicle, these lights shall be mounted to provide visibility to vehicles approaching from the front and rear, regardless of the method of mounting.

(d) Flash rate. The flash rate, when observed from a fixed position, must be between 60 and 260 flashes per minute. When the flash rate is produced by the interruption of current, the period of illumination must be long enough to permit the bulb to come to full brightness.

(e) Mounting location. The following applies to mounting locations for flashing or revolving lights:

(1) Emergency vehicles, except police vehicles. Flashing or revolving lights, excluding flashing headlamp systems, may be permanently mounted on the vehicle or attached to a mounting device, in a workmanlike manner, in the following locations only:

(i) On a cab or roof of the vehicle.

(ii) No more than 18 inches above the highest fixed point of the vehicle.

(iii) Behind, in front of, or on the grille of emergency vehicles. A flashing light may be mounted so as to flash through or in front of the grille on emergency vehicles when the vehicle is also equipped with one or more flashing or revolving red lights that meet the 360° visibility requirements of subsection (b).

(iv) With respect to fender intersection lights, close to the front upper edge of each front fender of an emergency vehicle and not protruding more than 2 inches from the fender.

(v) Inside of existing vehicular lighting modules/assemblies, such as headlights, parking lights, taillights. This does not include reverse lights.

(A) This subsection does not apply to privately owned vehicles that otherwise qualify as emergency vehicles as defined in 75 Pa.C.S. § 102.

(B) Vehicles mounting lights as outlined in this subsection must also mount, in another location, flashing or revolving lights that meet the 360° visibility requirements. This does not include reverse lights.

(2) Police vehicles. Flashing or revolving lights may be permanently mounted on the vehicle or attached to a mounting device, in a workmanlike manner, in the following locations only:

(i) On a cab or roof of the vehicle.

(ii) No more than 18 inches above the highest fixed point of the vehicle.

(iii) With respect to combination red-and-blue lights only, behind, in front of, or on the grille. Police vehicles mounting lights as outlined in this subsection must also mount flashing or revolving lights in another location visible from the front of the vehicle.

(iv) Inside the passenger compartment, clearly visible through the front windshield. (See original equipment manufacturer for mounting locations.)

(v) Inside the passenger compartment, clearly visible through the rear window.

(vi) In or on the trunk lid.

(vii) Inside of existing vehicular lighting modules/assemblies, such as headlights, parking lights, taillights (not including reverse lights). Police vehicles mounting lights as outlined in this subsection must also mount, in another location, flashing or revolving lights visible from the front and rear of the vehicle.

(viii) With respect to flashing lights only, within the nondriver’s compartment-side window.

(ix) With respect to combination red-and-blue lights, in a location visible from the front and rear of the vehicle.

(x) With respect to fender intersection lights, close to the front upper edge of each front fender of a police vehicle and not protruding more than 2 inches from the fender.

(xi) With respect to motorcycles, at a location in accordance with the manufacturer’s specifications.

(3) Authorized vehicles.

(i) Flashing or revolving lights may be permanently mounted on the vehicle or attached to a mounting device, in the following locations only:

(A) On a cab, cab protector or roof of the vehicle.

(B) No more than 18 inches above the highest fixed point of the vehicle.

(C) On the front or rear of the bed or body of an authorized vehicle.

(D) On the tailgate of an authorized vehicle.

(E) In a location other than as set forth in clauses (A)—(D) as needed to comply with the 360° requirement in subsection (b).

(ii) The installation or use of additional flashing or strobe lights in existing vehicular lighting modules/assemblies, such as headlights, parking lights, taillights, is expressly prohibited.

(4) Traffic control emergency directional light assemblies. Traffic control emergency directional light assemblies may not interfere with permanently installed lights. These assemblies may be permanently mounted on the vehicle or attached to a mounting device, in a workmanlike manner, in a location visible to approaching traffic.

(f) Mounting devices. Flashing or revolving lights, excluding flashing headlamp systems, grille-mounted flashing lights and intersection lights, may be mounted on one of the following devices:

(1) A magnetic base.

(2) A roof rack, light-bar or other device that is welded or bolted onto the vehicle, or is mounted on the vehicle by using suction cups equipped with nylon or steel straps and clips which hook onto the drip rail or molding.

(3) A self-leveling gimbal device.

(4) Grommet mounting is acceptable for flush mounted flashing lights.

The provisions of this § 173.3 amended under 75 Pa.C.S. § § 4571, 4572 and 6103.

The provisions of this § 173.3 adopted October 21, 1977, effective October 22, 1977, 7 Pa.B. 3131; amended May 12, 1978, effective May 13, 1978, 8 Pa.B. 1329; amended March 27, 1981, effective March 28, 1981, 11 Pa.B. 1100; amended August 14, 1981, effective August 15, 1981, 11 Pa.B. 2856; amended November 5, 1993, effective November 6, 1993, 23 Pa.B. 5309; amended July 13, 2007, effective July 14, 2007, 37 Pa.B. 3242; amended September 6, 2024, effective September 7, 2024, 54 Pa.B. 5616; amended February 27, 2026, effective February 28, 2026, 56 Pa.B. 1113. Immediately preceding text appears at serial pages (420661) to (420666).

This section cited in 67 Pa. Code § 173a.3 (relating to interpretation); and 67 Pa. Code § 179.10 (relating to general conditions).

History

• Authority: The provisions of this Chapter 173 issued under 75 Pa.
• Source: The provisions of this Chapter 173 adopted October 21, 1977, effective October 22, 1977, 7 Pa.

67 Pa. Code § 173.4 Wiring.

Wiring shall be installed using the industry’s best practices.

(1) Wiring must be primary SAE rated and be of proper gauge to handle applied load. Ground wiring must be of equal gauge.

(2) Wiring may not be loaded to more than 80% of its rated capacity.

(3) The wiring must be permanently installed and routed through the vehicle in a manner to avoid short circuits or interfering with the operation of the vehicle.

(4) Grommets shall be used when wires pass through bulkheads and other sharp metal surfaces.

(5) Each accessory will be protected with the proper circuit protection as recommended by the manufacturer (that is, fuses or circuit breakers). The main circuit protection will be as close to the power source as possible.

(6) Additional wiring installed for emergency equipment may not impede or compromise the original equipment manufacturer circuits or original equipment manufacturer equipment functions as intended by the vehicle manufacturer.

(7) Tapping power off of original equipment manufacture circuits, such as in fuse blocks, must be only as recommended by the vehicle manufacturer. Tapping power off air bag or ABS brake and brake light circuits is prohibited.

(8) These requirements do not apply to flashing or revolving lights that are attached to a vehicle with a magnetic base.

The provisions of this § 173.4 amended under 75 Pa.C.S. § § 4571, 4572 and 6103.

The provisions of this § 173.4 adopted October 21, 1977, effective October 22, 1977, 7 Pa.B. 3131; amended May 12, 1978, effective May 13, 1978, 8 Pa.B. 1329; amended March 27, 1981, effective March 28, 1981, 11 Pa.B. 1101; amended November 5, 1993, effective November 6, 1993, 23 Pa.B. 5309; amended July 13, 2007, effective July 14, 2007, 37 Pa.B. 3242. Immediately preceding text appears at serial page (250327).

History

• Authority: The provisions of this Chapter 173 issued under 75 Pa.
• Source: The provisions of this Chapter 173 adopted October 21, 1977, effective October 22, 1977, 7 Pa.

67 Pa. Code § 173.5 Light activation indicator.

Emergency and authorized vehicles which are equipped with lights or light systems provided for in this chapter shall also be equipped with a light activation indicator which will automatically activate whenever a flashing or revolving light, flashing headlamp system, traffic control emergency directional light or authorized nonflashing or nonrevolving light is engaged.

The provisions of this § 173.5 adopted November 5, 1993, effective November 6, 1993, 23 Pa.B. 5309.

History

• Authority: The provisions of this Chapter 173 issued under 75 Pa.
• Source: The provisions of this Chapter 173 adopted October 21, 1977, effective October 22, 1977, 7 Pa.

67 Pa. Code § 173.6 Nonconforming or authorized lighting systems.

A violation of this chapter is a summary offense and subject to sanctions imposed under 75 Pa.C.S. § 6502(b) (relating to summary offenses). Under 75 Pa.C.S. § 6104(c) (relating to administrative duties of department), the Department of Transportation may make necessary and reasonable investigations to procure information required to enforce this chapter.

The provisions of this § 173.6 adopted November 5, 1993, effective November 6, 1993, 23 Pa.B. 5309.

History

• Authority: The provisions of this Chapter 173 issued under 75 Pa.
• Source: The provisions of this Chapter 173 adopted October 21, 1977, effective October 22, 1977, 7 Pa.

Chapter 179 Oversize and Overweight Loads and Vehicles

67 Pa. Code § 179.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise: AASHTO—The American Association of State Highway and Transportation Officials, located at 444 North Capitol Street, N. W., Washington, D. C. 20001. Across—From one side to the opposite side of a vehicle or highway. Act—75 Pa.C.S. § § 101—9910 (relating to the Vehicle Code). Along—In a line parallel with the length or direction of a vehicle or highway. Axle—Load-bearing wheels in a transverse line across the full width of a vehicle. Axle group—A group of axles in which every axle is located within 8 feet of another axle. Base of operations—A temporary location at or near the job site used for the storage of equipment and materials for the job. Brake retarder—A mechanical device which is designed to supplement a vehicle’s service brakes by producing a retarding torque about one of the rotating components in a vehicle, converting kinetic energy to heat and thereby retarding the forward motion of a vehicle.

(i) An engine-brake retarder converts a diesel engine from a power-producing motor to a power-expending air compressor by changing the timing of the opening of the engine exhaust valves.

(ii) An exhaust-brake retarder constricts the flow of exhaust gases through the manifold, increasing the system back pressure and keeping the engine exhaust valves from closing at designed intervals.

(iii) An hydraulic brake retarder converts kinetic energy to heat by shearing a liquid with a rotating component inside a chamber. Central Permit Office—The office which administers this chapter, located at:

Department of Transportation

Central Permit Office

400 North Street, 6th Floor

Harrisburg, Pennsylvania 17120-0041 Combination—Two or more vehicles physically interconnected in tandem. Commonwealth—The Commonwealth of Pennsylvania. County office—Any of the various maintenance district offices of the Department. Department—The Department of Transportation of the Commonwealth of Pennsylvania. District office—Any of the various engineering district offices of the Department. Escort—A convoying vehicle or vehicles manned by the Department personnel, uniformed Pennsylvania State Police or local police which accompanies a permitted vehicle. Gross weight—The combined weight of a vehicle or combination of vehicles and its load and driver. Highway—The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. The term includes a roadway open to the use of the public for vehicular travel on grounds of a college or university or public or private school or public or historical park. House trailer—Includes the following:

(i) A trailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on streets and highways.

(ii) A trailer containing a chassis and exterior shell designed and constructed for use as a house trailer, as defined in subparagraph (i), but which is used permanently or temporarily for advertising, sales, display or promotion of merchandise or services, or for another commercial purpose except the transportation of property. Implement of husbandry—A vehicle designed or adapted and determined by the Department to be used exclusively for agricultural operations and only incidentally operated or moved upon highways. Mobile home—A trailer designed and used exclusively for living quarters or commercial purposes which exceeds the maximum size limitations prescribed by the act for operation on a highway and is only incidentally operated on a highway. Nondivisible—Incapable of being divided into parts or dismembered without substantially damaging its usefulness or value. Operating rating—The absolute maximum permissible load level to which a structure may be subjected under normal circumstances without exceeding its structural capacity. Oversize—The length, width or height of a mobile home or vehicle or combination of vehicles, including the load or loads carried thereon, excluding mirrors or sunshades, which exceeds the applicable maximum length, width or height specified in Chapter 49, Subchapter B of the act (relating to width, height and length). Overweight—The gross weight of a mobile home or vehicle or combination of vehicles, including the load carried thereon, which exceeds the applicable maximum gross weights specified in Chapter 49, Subchapter C of the act (relating to maximum weights of vehicles). Permit—

(i) A special hauling permit issued by the Department under Chapters 19, Subchapter C and 49 of the act (relating to permits; and size, weight and load) and this chapter, for the movement of a mobile home or oversize or overweight vehicle, or combination, including the load thereon, on State highways under the Department’s jurisdiction.

(ii) An oversize or overweight permit issued by another State authorizing movement along Pennsylvania State highways under terms and conditions outlined in an executed multistate permit agreement.

(iii) An oversize or overweight permit issued by the Department authorizing movement along another State’s highways under terms and conditions outlined in an executed multistate permit agreement. Permit service—A commercial enterprise that makes application for a permit for another person, firm, copartnership, association or corporation. Person—A natural person, proprietorship, firm, partnership, association or corporation. Pilot car—A convoying vehicle provided by the permittee, in order to warn the traveling public of an oversize vehicle or slow moving overweight vehicle, in accordance with § 179.10 (relating to general conditions). Registered gross weight—The maximum gross weight at which a vehicle or combination is registered in this Commonwealth to operate upon a highway. Registered person—A person registered with the Department under the provisions of § 179.4 (relating to registration; surety bond and registration agreement). Registration—A registration under the provisions of § 179.4, which shall be in addition to the registration requirements of the act. Roadway—That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. Responsible motor carrier—An owner, lessee or sublessee of a motor vehicle. Revocation—Revocation of the registration agreement. Semitrailer—A trailer so constructed that some part of its weight rests upon or is carried by the towing vehicle. Shoulder—The portion of the highway, contiguous to the roadway, for accommodation of stopped vehicles, for emergency use and for lateral support of the roadway. Single axle—An axle located over 8 feet from another axle. Single-trip special hauling book permit or book permit—A permit which is validated by the district office by telephone and completed, prior to movement, by the permittee according to § 179.14 (relating to single-trip special hauling book permits for oversize movements). Special mobile equipment—Vehicles not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditchdigging apparatus; well boring apparatus; earth moving and road construction and maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, snowplows, ditchers, graders, finishing machines, road rollers, scarifiers, earth moving carryalls, scrapers, power shovels and drag lines; and self-propelled cranes and tractors, other than truck tractors. The term does not include house trailers; dump trucks; truck-mounted transit mixers, cranes or shovels; or other vehicles designed for the transportation of persons or property to which machinery has been attached. Structure—A tunnel, bridge or culvert including supports, which spans or provides passage over or under a waterway, a railroad or other obstruction. Sunrise—The time designated by the National Weather Service at which the sun can first be seen on the horizon. Sunset—The time designated by the National Weather Service at which the sun can last be seen on the horizon. Super load—A vehicle or combination or load having a gross weight exceeding 201,000 pounds, a total length exceeding 160 feet, or a total width exceeding 16 feet; except that the following shall not be considered a super load:

(i) A building moved under § 179.11(b) (relating to special vehicle—load restrictions).

(ii) A vehicle or combination moved across the highway under sections 4965 or 4966 of the act (relating to single permits for multiple highway crossings and permit for movement of quarry equipment).

(iii) A dragline moved across the highway under the permit. Supplement—An amendment to a special hauling permit. Suspension—Refusal by the Department to issue a permit or to authorize continued operation under authority of the permit for a prescribed period of time, including a penalty prescribed by § 179.14(m) and § § 179.16(a) and 179.18 (relating to penalties and enforcement; and sanctions for violations). Traffic protector guide rail device—An instrument approved by the Department, which is placed around the extremities of a protruding dozer blade, as specified in § 179.11. Trailer—A vehicle designed to be towed by a motor vehicle. Urbanized area—A location, identified on Department Form M-938, in which travel under permit is restricted, as specified in § 179.10(7)(ii) when highways are congested with traffic. Vehicle—Every device which is or may be moved or drawn upon a highway, except devices used exclusively upon rails or tracks.

The provisions of this § 179.1 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended May 26, 1978, effective May 27, 1978, 8 Pa.B. 1471; amended April 25, 1980, effective May 1, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; amended October 11, 1985, effective October 12, 1985, 15 Pa.B. 3654; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772. Immediately preceding text appears at serial pages (229727) to (229731).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.2 Purpose.

It is in the public interest and promotes the public welfare to regulate the use of State highways for the purpose of moving mobile homes, oversize or overweight vehicles, and combinations of vehicles, including the loads carried thereon, in order to preserve the safety of the users of Commonwealth highways; to facilitate the movement of mobile homes, oversize or overweight vehicles, and combinations of vehicles, as well as the movement of traffic, generally; to protect the structural integrity of the highway and bridge system; and to encourage the economic growth of commerce and industry in the Commonwealth without the necessity of constant supervision by Department employes, police and local officials. Nothing contained in this chapter is intended to relax existing safety requirements.

The provisions of this § 179.2 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364. Immediately preceding text appears at serial page (103499).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.3 Permit requirement.

A permit is required for movement on a Commonwealth highway of a mobile home, oversize or overweight vehicle, or combination of vehicles, including the load or loads carried thereon, and as otherwise provided in Chapter 49 of the act (relating to size, weight and load).

The provisions of this § 179.3 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; renumbered May 16, 1981, 11 Pa.B. 1678; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364. Immediately preceding text appears at serial page (103499).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.4 Registration; surety bond and registration agreement.

An applicant for a permit may register with the central permit office by filing a registration agreement for special hauling permits, Form M-936RA, and a surety bond, Form M-936B, in the amount of at least $2,000, or at least $5,000 if the applicant participates in the permit monthly billing system, or an amount in excess thereof as required by the central permit office. The bond shall be issued by a corporate surety approved by the Insurance Department, and shall guarantee to the Commonwealth, the payment of fees and expenses incident to the issuance of a permit.

(1) Except in the case of a permit service:

(i) The name of the applicant shall be identical on the registration agreement and surety bond and on a permit issued thereunder.

(ii) A person desiring permits to be issued in more than one name shall register separately under each name and file separate registration agreements and surety bonds.

(2) A registration agreement and a surety bond shall be valid until the central permit office acknowledges, in writing, the cancellation of the registration agreement or surety bond.

(3) A person shall first have been registered by the Department under § 179.5 (relating to issuance of registration agreement), to be eligible to apply for or to obtain a permit by telefacsimile or another wire method approved by the Department. Otherwise, the application shall be made in person or by mail, accompanied by a certified check or money order.

The provisions of this § 179.4 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended April 25, 1980, effective May 1, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (133017) to (133018).

This section cited in 67 Pa. Code § 179.1 (relating to definitions); 67 Pa. Code § 179.5 (relating to issuance of registration agreement); and 67 Pa. Code § 179.13 (relating to permit services).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.5 Issuance of registration agreement.

Every person who complies with § 179.4 (relating to registration; surety bond and registration agreement) shall be deemed to be a registered applicant and shall receive from the central permit office a registration agreement upon which shall appear:

(1) The account number, which shall be used when applying for permits.

(2) The name and address of the registered person.

The provisions of this § 179.5 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (133018) to (133019).

This section cited in 67 Pa. Code § 179.4 (relating to registration; surety bond and registration agreement); and 67 Pa. Code § 179.16 (relating to penalties and enforcement).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.6 Revocation of registration.

Registration will be revoked automatically upon written acknowledgment by the central permit office of cancellation of the surety bond or registration agreement, or for just cause, as determined by the Secretary.

The provisions of this § 179.6 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial page (133019).

This section cited in 67 Pa. Code § 179.16 (relating to penalties and enforcement); and 67 Pa. Code § 179.18 (relating to sanctions for violations).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.7 Indemnification, insurance and security.

(a) Indemnification. Indemnification of the Department for property damage and personal injury will be governed as follows:

(1) The permittee shall indemnify fully and if requested, defend the Commonwealth from liability, loss, injury or damage to persons or property which the Commonwealth, its officers, agents and employes individually may suffer as a result of claims, demands, costs or judgments arising against it as a result of the granting of the permit to the permittee, including claims, demands, costs or judgments arising as a result of activities of the permittee, its agents, employes or others at the permit site or work or other actions taken by one or more of them under or in violation of the permit; or as a result of the failure of one or more of them to conform to pertinent statutes, ordinances, regulations or other requirements of a governmental authority in connection with the permit.

(2) The permittee and its contractors shall add the Commonwealth as an additional insured to their insurance policies to secure the permittee’s indemnification of the Department for property damage and personal injury under this subsection. Contractors shall include pilot car owners.

(3) The amount of insurance shall be at least $250,000 per person and at least $1 million per occurrence, or other statutory limitations on damages as the General Assembly may establish. A policy shall guarantee coverage for damage and injury which occurs during the time the permit is in effect and which is the result of the granting of the permit to the permittee.

(4) Upon request, the permittee shall deliver to the Department certificates of insurance evidencing that the coverage required under this subsection has been obtained. An applicant which provides satisfactory evidence that it has complied with section 1787 of the act (relating to self-insurance), Chapter 223 (relating to self-insurance) and 31 Pa. Code Chapter 67, Subchapter B (relating to evidence of financial responsibility), may be a self-insurer.

(b) Insurance. The permittee shall obtain, prior to movement under the permit, a policy of insurance, issued by an insurer having a certificate of authority and a licensed agent authorized to transact the business of insurance in this Commonwealth, in accordance with the following conditions:

(1) The permittee and its contractors shall obtain insurance for public liability and property damage, in a form satisfactory to the Department, to cover a loss that may arise out of operations under the permit.

(2) The amount of insurance shall be at least $250,000 per person and at least $1 million per occurrence. A policy shall guarantee coverage for damage and injury which occurs during the time the permit is in effect and which is the result of the granting of the permit to the permittee.

(3) Upon request, the permittee shall deliver to the Department certificates of insurance evidencing that the insurance coverage required under this subsection has been obtained. An applicant which provides satisfactory evidence that it has complied with section 1787 of the act, Chapter 223 and 31 Pa. Code Chapter 67, Subchapter B, may be a self-insurer.

(4) The permittee’s obligations to indemnify the Department and to obtain insurance to secure indemnification under subsection (a) and its obligations to restore the highways and bridges and to obtain security relating to restoration under subsection (c) are separate from the obligations to obtain insurance for the purposes required under this subsection. Obtaining insurance under this subsection does not relieve the permittee of its obligations under subsections (a) and (c).

(c) Security. The Department may require the applicant to execute an agreement or provide security, or both, as a prerequisite to issuance of the permit. The Department’s determination as to the necessity and the amount of security will be based on sizes and weights of the vehicle or combination and load, as well as the condition of highways, structures and appurtenances on the permitted routes. If security is required, it shall be delivered to the Department in a form and amount acceptable to the Department and shall guarantee restoration of the highways and bridges which may be damaged by operations under the permit, for at least 1 year after the expiration of the permit. If the security is executed by a corporate surety registered and authorized to do business in this Commonwealth, the following documents are acceptable forms of security:

(1) An individual or blanket bond—Form M-937C—executed by the permittee and naming the Commonwealth as obligee.

(2) An irrevocable letter of credit in a form acceptable to the Department, signed by a bank officer and naming the Department as sole beneficiary, to be honored on presentment.

The provisions of this § 179.7 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended April 25, 1980, effective July 1, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial page (133019).

This section cited in 67 Pa. Code § 179.13 (relating to permit services); and 67 Pa. Code § 179.14 (relating to single-trip special hauling book permits for oversize movements).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.8 Permit application procedure.

Except as otherwise specified in this chapter, a permit application shall be made to the district or county office having jurisdiction over the point of origin or the point of destination in this Commonwealth. An application shall be submitted in the name of the responsible motor carrier and shall be properly completed.

(1) An application to a district office may be made in person or by mail, telefacsimile or another wire method approved by the Department. A wired application shall be submitted in a format acceptable to the central permit office.

(i) Applications made in person or by mail:

(A) Shall be on Form M-936A and signed by the applicant or the applicant’s agent.

(B) Shall be accompanied by a check or money order, unless the applicant participates in the permit monthly billing system. A certified check or money order is required from persons not registered with the Department, payable to the Department, in the appropriate amount, as set forth in Chapter 19, Subchapter C of the act (relating to permits) and § 179.9 (relating to issuance of permits). Company checks will be acceptable only from registered persons.

(ii) Applications made by telefacsimile or another wire method approved by the Department:

(A) Shall be accepted only from registered persons.

(B) Shall be followed by a check or money order, payable to the Department, in the prescribed amount. Payment shall be submitted within 3 work days after the permittee receives the permit, Form M-936P or supplement, Form M-945S, or within 3 weeks if the applicant participates in the permit monthly billing system.

(C) Shall contain the following legible information:

(I) Name, as set forth on the registration agreement, and mailing address of the registered person and his registration identification number.

(II) Type of load, and type of transporting equipment, specifying the serial number of the load or the bill of lading number if the load has no serial number, and specifying the number of axles on each vehicle.

(III) Point of origin and destination in and through Pennsylvania.

(IV) Beginning and ending dates of movement.

(V) Proposed route of movement in Pennsylvania.

(VI) Total number of miles that will be traveled on Commonwealth highways, not including the Pennsylvania Turnpike.

(VII) Total fees, as set forth in Chapter 19, Subchapter C of the act and § 179.9.

(VIII) Overall size, including width and height in inches and length in feet of the vehicle, or combination of vehicles, including any load carried thereon.

(IX) Gross weight, axle weights and registered gross weight.

(X) License number and the State of registration of transporting or drawing vehicle; or if no license is required, the complete serial number (VIN) of the manufacturer.

(XI) License number and State of registration of every drawn vehicle; or if no license is required, the complete serial number (VIN) of the manufacturer.

(XII) Name of insurance carrier, policy number, amount and effective period of coverage, unless a registration agreement for special hauling permits is in effect.

(XIII) Where, and the method by which, the permit should be transmitted.

(XIV) Other information specified on Department application Forms M-936A and M-936AS or an application form authorized under an executed multistate permit agreement.

(D) Telephone applications will not be accepted, except as provided under § § 179.12 and 179.14 (relating to emergency movements; and single-trip special hauling book permits for oversize movements).

(E) The applicant is encouraged to identify on his application a prior permit under which the vehicle was authorized to travel over the proposed routes.

(2) Applications to county offices shall be made in person, on Form M-936A, accompanied by a check or money order, unless the applicant participates in the permit monthly billing system. A certified check or money order is required from a person not registered with the Department. A company check will be acceptable only from a registered person.

(3) Information provided in applications shall be accurate. Section 4904 of 18 Pa.C.S. (relating to unsworn falsification to authorities), makes it a misdemeanor for a person to mislead a public servant in performing an official function by making a written false statement which the person does not believe to be true. Supplements will not be issued to correct errors contained in submitted applications.

(4) The following application requirements for oversize or overweight movements include the following criteria:

(i) When a combination exceeds 136,000 pounds gross weight, or the general gross weight limits specified in Table 8-1, column I or the axle weight limits specified in Table 8-2, or when a truck tractor’s steering axle exceeds 12,000 pounds, a completed supplemental application, Form M-936AS, shall be submitted in writing to the issuing district office with the completed application, Form M-936A. A supplemental application shall be submitted at least 3 work days prior to the anticipated move date.

(ii) When an axle weight of special mobile equipment or other vehicle which is not part of a combination exceeds 27,000 pounds, or whenever the gross weight exceeds 136,000 pounds, a completed supplemental application, Form M-936AS shall be submitted in writing to the issuing district office with the completed application, Form M-936A, unless a completed supplemental application for the vehicle and routes is on file with the district office. A supplemental application shall be submitted at least 3 work days prior to the anticipated move date.

(iii) At least 3 weeks prior to the anticipated move date of a super load, a completed preliminary application, Form M-936A, and—when required by this subsection—a supplemental application, Form M-936AS, shall be submitted in writing to the central permit office, together with justification for the movement. Justification shall include the following:

(A) Detailed routing, including city streets and township roads, if any.

(B) The certification of the manufacturer or designer that the object cannot feasibly be manufactured in smaller sections.

(C) Signed statements from other transportation companies—that is, air, water, rail—that they are unable to accommodate a move over all or any part of the course, when requested by the central permit office.

(D) Written approvals from cities through which the proposed movement will pass.

(E) The projected number of similar objects to be moved within the next year. Designers should obtain preliminary approval prior to manufacturing a super load.

(iv) When the applicant proposes to move an overweight vehicle or combination across a bridge which is posted with a sign containing the words ‘‘BRIDGE LIMITED TO ONE TRUCK,’’ Form M-936AS shall be submitted in writing to the issuing district office with the completed application, Form M-936A.

(v) When the Department determines, or when the applicant determines and the Department concurs, that traffic may be adversely affected by the proposed movement, the applicant shall submit a traffic control plan in writing to the Department. The traffic control plan shall be consistent with the requirements of Chapter 203 (relating to work zone traffic control).

(5) Vehicle weight restrictions are as follows:

(i) General and maximum gross weight limits for combinations.

(A) A special hauling permit will be issued for a combination having a gross weight which does not exceed either the general limit specified in Table 8-1, column I or axle weight limits specified in Table 8-2 (See Figure 8-1).

(B) A combination will be authorized to carry a gross weight up to the maximum limit specified in Table 8-1, column II subject to the bridge engineer’s review and approval of the routes which cross bridges and supplemental application, Form M-936AS.

(C) To determine the general and maximum gross weight limits for a combination of vehicles not identified in Table 8-1, add the applicable axle weight limits for the unidentified vehicle, as specified in Table 8-2, to the appropriate gross weight limits specified in Table 8-1.

(ii) Combination axle weight limits.

(A) Except as provided in clauses (B) and (C), a combination may not, when operated upon a highway, have a weight upon an axle in excess of 27,000 pounds or upon an axle or axle group in excess of the limits specified in Table 8-2.

(B) A combination having axle weights in excess of the limits specified in Table 8-2 will be authorized to carry axle weights up to 27,000 pounds, subject to the bridge engineer’s review and approval of the routes which cross bridges and supplemental application, Form M-936AS.

(C) An overweight super load combination having axle weights in excess of 27,000 pounds may be authorized where no feasible alternative is available, provided the applicant agrees to shore—in a manner approved by the bridge engineer—each bridge loaded in excess of its operating rating. The applicant shall also submit security satisfactory to the Department in accordance with section 4962 of the act (relating to conditions of permits and security damages).

(iii) Special mobile equipment axle weight limits.

(A) A special hauling permit will be issued for special mobile equipment having a single axle weight up to, but not exceeding, 50,000 pounds, subject to the bridge engineer’s review and approval of the routes and supplemental application, Form M-936AS. Special mobile equipment having only one axle in excess of 50,000 pounds may be transported with that axle placed piggyback on a semitrailer, subject to the bridge engineer’s review and approval of the routes and supplemental application, Form M-936AS.

(B) Special mobile equipment having an axle group with an axle weight in the group in excess of 27,000 pounds will be authorized where no feasible alternative is available, subject to the bridge engineer’s review and approval of the routes and supplemental application, Form M-936AS. The applicant will be required to shore—in a manner approved by the bridge engineer—each bridge loaded in excess of its operating rating. The applicant shall also, upon request, submit security satisfactory to the Department in accordance with section 4962 of the act (relating to conditions of permits and security damages).

(iv) No permitted vehicle may operate along a highway with a weight upon an axle in excess of the manufacturer’s rated axle capacity.

(v) A permitted vehicle may not operate along a highway with a weight upon a wheel in excess of 800 pounds per nominal inch of tire width on the wheel, except that special mobile equipment may be authorized to carry up to 1,000 pounds per nominal inch of tire width on the wheel subject to approval of the routes and supplemental application, Form M-936AS, by the bridge engineer and pavement engineer.

(vi) A permitted vehicle may not operate along a highway if equipped with other than pneumatic tires. Movement across the highway may be authorized, subject to the applicant submitting an acceptable traffic control plan and security to the Department.

(6) The applicant may appeal a denial of a permit by the Department under 2 Pa.C.S. § § 501—508 (relating to practice and procedure of Commonwealth agencies), by submitting a written request for a hearing within 30 days after service of the document containing the denial, to the Commonwealth of Pennsylvania, Department of Transportation, Administrative Docket Clerk, Commonwealth Keystone Building, 400 North Street, 9th Floor, Harrisburg, Pennsylvania 17120-0096. A filing fee, as prescribed under Chapter 491 (relating to administrative practice and procedure), made payable to the ‘‘Commonwealth of Pennsylvania,’’ shall accompany each request.

(7) The Department will examine and determine the genuineness, regularity and legality of every application, and may reject an application if not satisfied as to its genuineness, regularity or legality, or the truth of a statement contained in the application. The Department may also make investigations and require additional information related to the permit application.

The provisions of this § 179.8 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended May 26, 1978, effective May 27, 1978, 8 Pa.B. 1471; amended April 25, 1980, effective May 1, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; amended October 11, 1985, effective October 12, 1985, 15 Pa.B. 3654; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772. Immediately preceding text appears at serial pages (229736) to (229742).

This section cited in 67 Pa. Code § 179.14 (relating to single-trip special hauling book permits for oversize movements).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.9 Issuance of permits.

(a) General. Upon approval of an application submitted under this chapter, a permit will be issued by the office to which application was made subject to this chapter and the conditions contained in the permit and its supplements.

(b) Form of permit. Upon request, a district office will issue a permit to a registered person by a wire method approved by the Department. A wired permit may not be altered.

(c) Dismantling, reducing or disassembling. Special hauling permits will not be issued for a vehicle or combination of vehicles, including the load carried thereon, which can be reasonably dismantled, reduced, disassembled or otherwise rearranged so as not to exceed the size or weight limits specified in Chapter 49 of the act (relating to size, weight and load). Even if a vehicle or load cannot be brought within the size or weight limits, it shall be dismantled, reduced, disassembled or otherwise rearranged as much as is practicable. The Department may allow removable parts to remain on a vehicle or load if axle weights do not exceed the limits specified in Table 8-2 (in the case of combinations) or 27,000 pounds (in the case of other vehicles) and if wheel weights do not exceed 800 pounds per nominal inch of tire width on the wheel.

(d) Movement without or in violation of permit. Subsequent to issuance of a citation by a police officer for movement without or in violation of a permit, a special permit may be issued by the Department authorizing the operation of the vehicle or combination to a point on the Commonwealth boundary by the shortest distance from the place where the violation occurred or, at the discretion of the Department, to some other place where the load can be reasonably dismantled, reduced, disassembled or otherwise rearranged.

(e) Additional fees. The following additional fees shall be assessed, when appropriate:

(1) If a permittee’s vehicle or load is scheduled by the Department or the State Police for weighing, measuring or inspecting, the permittee shall reimburse the Commonwealth for costs incurred. The charges will be calculated either on an actual cost basis or a standard unit cost basis.

(2) If Department personnel or State Police, or both, escort the permitted vehicle, the permittee shall reimburse the Commonwealth for costs incurred. The charges will be calculated either on an actual cost basis or a standard unit cost basis.

(3) The fee for a permit if Department telecommunications equipment is used in processing is $1.

(4) The fee for an annual permit for special mobile equipment with overweight axles is $300.

(5) The fee for a seasonal permit for an implement of husbandry as authorized in § 179.15a(c) (relating to seasonal/annual permits) is $25.

(6) The fee for each submission of a preliminary super load application listing a gross weight in excess of 201,000 pounds is $50 plus $10 for each county involved in the routing.

(7) The fees for a permit issued under an executed multistate permit agreement shall be assessed in accordance with the agreement fee schedules.

(f) Refund. Section 1947 of the act (relating to refund of certain fees), authorizes the Department to refund a portion of the fees paid on unused permits. To be eligible to receive a refund, the permittee shall submit the following to the permit office to which payment is made:

(1) The permittee’s copy, including a wired copy, of the permit.

(2) A refund request, in writing, which shall include an explanation as to why the permit was not used.

(3) Requests for refunds shall be postmarked or delivered to the appropriate permit office on or before the permit expiration date.

(g) Permit supplements.

(1) The Department may authorize or require modifications to the permit by issuing a supplement. A supplement may be issued to change a route or as otherwise provided in this subsection. A supplement will not be issued to change weights, dimensions, the permittee’s name or the type of load or to authorize other changes which may only be authorized under a new permit.

(2) The permittee may request, in writing, a supplement to the permit for the following reasons:

(i) A substitution of a motor vehicle, a truck tractor or a semitrailer due to vehicle breakdown, if no weights or sizes are increased and the substitute vehicle has the same number of axles and wheels with spacings between axles and vehicle manufacturer’s ratings no less than the permitted vehicle.

(ii) A one-time request for a 3 weekday time extension of a single-trip permit, if requested prior to the permit’s expiration.

(iii) A necessary change to the scheduled date of the start of a movement to be escorted by the State Police, that is submitted and approved at least 24 hours prior to the initial movement in this Commonwealth.

(iv) A change to the registration number of a vehicle due to the issuance of a new vehicle registration number by the state in which the vehicle is registered.

(v) In the case of seasonal or annual permits, a change in the transporting vehicle due to the purchase of a replacement vehicle, if weights or sizes are not increased and the purchased vehicle has the same number of axles and wheels, with spacings between axles and vehicle manufacturer’s ratings no less than the former permitted vehicle.

(3) If approved, a free supplement authorizing a modification to the permit will be issued, in writing, by the Department. Supplements shall be attached to the permit.

(h) Alteration of permit. A person may not alter, forge or counterfeit a permit or supplement. A person may not display an altered, forged or counterfeited permit or supplement. Alteration of a permit or supplement immediately invalidates the permit.

The provisions of this § 179.9 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended April 25, 1980, effective May 1, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2798; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (133027) to (133028).

This section cited in 67 Pa. Code § 179.8 (relating to permit application procedure); 67 Pa. Code § 179.12 (relating to emergency movements); and 67 Pa. Code § 179.13 (relating to permit services).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.10 General conditions.

The following conditions apply to permits issued under this chapter and the operation of permitted vehicles, if applicable:

(1) Driver to carry permit and regulations. Movement may not be started until a permit has been issued. The driver shall carry the permit and a copy of Form M-938 in the permitted vehicle and shall have these documents available for inspection by a police officer or representative of the Department. The permit may not be assigned or transferred to another person or carried by another person while operating under the permit.

(2) Posted weight limits. The permit may not supersede a lesser weight limit posted on a bridge or highway under authority of section 4902 of the act (relating to restrictions on use of highways and bridges); however, the permittee may apply to the Department or local authorities, whichever is responsible for the posting, for a permit to exceed the posted weight. The Department or local authorities may require security to cover the cost of repairs and restoration of any bridge or highway which they determine may be loaded in excess of its operating rating or otherwise damaged by the movement.

(3) Scope of permit. The granting of a permit may not be considered as a guarantee of the sufficiency of a highway or structure thereon for the load authorized.

(4) Additional restrictions. The permittee shall comply with applicable statutes and regulations of the Commonwealth and a political subdivision thereof, unless specifically exempted by the permit or its supplement.

(5) Highway restrictions.

(i) The permit shall authorize movement only on the roadway portion of highways specified in the permit which are under the jurisdiction of the Department. The permit does not authorize movement upon shoulders except in a highway work zone in which traffic is directed to travel off the roadway.

(ii) The permit is not valid for movement on the Pennsylvania Turnpike unless otherwise authorized in the act.

(iii) Permission shall be obtained from local authorities for the use of local roads and streets, which are listed in brackets or parentheses on the permit.

(iv) Permission shall be obtained from the National Park Service for travel on Traffic Route 209 between its intersection with TR 402 in Monroe County and TR 6 in Pike County. National Park Service phone numbers are listed on the permit application (Form M-936A).

(v) The permitted vehicle may deviate from the routing authorized in the permit only when specifically directed by a police officer exhibiting some sign of authority.

(6) Inclement weather. Movement under the permit shall be restricted during unfavorable weather or road conditions. For the purpose of this chapter, unfavorable weather or road conditions shall include:

(i) Snow covered highways until pavement has been plowed full width, icy pavements until highway has been cindered or salted;

(ii) Driving rain, fog, snow storm or other atmospheric conditions which restrict visibility to less than 1,000 feet.

(iii) Winds sufficient to cause the wheels of the (semi) trailer to deflect more than 6 inches from the path of the wheels of the drawing vehicle.

(7) Restricted travel periods.

(i) Unless exempted in this paragraph, movement under permit is not authorized during any of the following periods:

(A) Sunset to sunrise.

(B) Saturday, after 12 noon.

(C) Sunday.

(D) Holidays specified in this clause and the day preceding these holidays, unless otherwise specified in the permit:

New Year’s Day—January 1.

Memorial Day—last Monday in May.

Independence Day—July 4.

Labor Day—first Monday in September.

Thanksgiving Day—fourth Thursday in November.

Christmas Day—December 25.

(ii) Except during the holiday periods listed in clause (D), movement under permit in urbanized areas is authorized 7 days a week only during the following time periods:

(A) 3 a.m. to 7:30 a.m.

(B) 9 a.m. to 4 p.m.

(C) 7 p.m. to sunset.

(D) 9 a.m. to 4 p.m. through the Fort Pitt, Squirrel Hill or Liberty Tunnels in Allegheny County.

(iii) When an oversize movement is made within an urbanized area between 3 a.m. and sunrise, the permitted vehicle and load shall be illuminated with additional lighting on all sides so as to be clearly visible from 1,000 feet in all directions. The movement shall be accompanied with pilot car escort, operated in accordance with paragraph (13).

(iv) Movement across a State highway may be authorized on days and hours during which movement along a State highway is prohibited under this paragraph, if the district traffic engineer approves the applicant’s proposed days and hours of operation and its traffic control plan.

(v) The Department’s Chief Engineer or the Central Permit Office or the State Police—Bureau of Patrol may exempt an oversize/ overweight movement from the travel period restrictions in this paragraph in the following instances:

(A) A movement certified by the Department of Defense as being essential to the national defense, provided the permitted vehicle is escorted by a following pilot car operated in accordance with paragraph (13)(ii).

(B) An emergency requiring immediate movement for the protection of life or property, when authorized in accordance with § 179.12 (relating to emergency movements).

(C) The Department determines that movement during authorized time periods is not feasible and that there will be a public benefit by authorizing the movement.

(8) Invalidation of permit. The permit shall be subject to confiscation by the violation of a condition specified therein or by the violation of this chapter. The permit shall be automatically invalidated by the giving of false information on the permit application.

(9) Permit limited to single trip.

(i) Unless otherwise provided in the act, this chapter or the permit, a permit shall be valid only for a single trip in one direction between the two points designated. The Department may authorize scheduled detours off of a limited access highway of up to 1 mile for service or rest, when requested on the application and specifically indicated on the permit. A single-trip permit expires after 5 authorized weekdays have lapsed, as specified on the permit.

(ii) The permit may not authorize a return trip unless requested and specifically indicated on the permit.

(10) Liability. The permittee shall pay any claim for personal injury or property damage arising out of his operation under the permit for which he shall be determined to be legally responsible, and shall fully indemnify, defend—if requested—and save harmless the Commonwealth and any Department, officer and employe thereof from a suit, action or claim against them arising out of the operations.

(11) Damage to highway. The permittee shall repair at his own expense and to the satisfaction of the Department any overt damage to highways or structures which occurs in connection with operations under the permit.

(12) Police escort. An escort is required as follows:

(i) An escort by uniformed State Police or local police shall be required in the following instances:

(A) Buildings in excess of 16 feet in width.

(B) Super loads.

(C) The period while a provision of the act is being contravened.

(ii) An escort by Department personnel may also be required if conditions warrant.

(iii) If an escort by the State Police is necessary, the application shall be submitted to the Department to allow for the State Police to be notified by the Central Permit Office at least 24 hours prior to initial movement under the permit.

(13) Pilot cars.

(i) Pilot cars are required to accompany a permitted vehicle as outlined in this paragraph and as specified in the permit.

(A) Length. If the total length of the vehicle or combination, including a load on the combination, exceeds 90 feet, or if a load extends more than 15 feet beyond the rear of a combination, a pilot car shall follow the permitted vehicle on all highways to warn and direct traffic, especially in lane change areas. The pilot car may temporarily lead the permitted vehicle to direct traffic while the vehicle or combination is negotiating a sharp or right angle turn.

(B) Width. If the total width of the vehicle or combination including any load exceeds 13 feet:

(I) A pilot car shall follow the permitted vehicle to warn and direct traffic, when operating on highways having two or more lanes which carry traffic in the same direction as the permitted vehicle.

(II) On highways having only one lane which carries traffic in the same direction as the permitted vehicle, a pilot car shall precede the permitted vehicle to warn and direct traffic.

(III) A pilot car shall follow the permitted vehicle when accompanied by a police escort.

(C) Height. If the total height of the vehicle or combination, including a load, exceeds 14 feet, 6 inches, a pilot car shall precede the permitted vehicle by 1,000 feet to 3,000 feet on all highways, to detect critical overhead obstructions by means of a height pole or other height sensitizing device. Affected public utilities shall be notified by the permittee at least 24 hours prior to the permitted movement to arrange for the relocation of affected wires.

(D) Weight. Pilot car requirements for overweight movements shall be as follows:

(I) If the permit requires the permitted vehicle to travel over bridges at reduced speeds, a pilot car shall follow the permitted vehicle to warn and direct traffic while the permitted vehicle is traveling at reduced speeds.

(II) If the permit requires the permitted vehicle either to be the only vehicle on a bridge span or to occupy more than one lane while crossing a bridge, pilot cars shall precede and follow the permitted vehicle on each such bridge which supports two directional traffic. A pilot car shall follow the permitted vehicle on each such bridge which supports one directional traffic.

(E) Urbanized areas. Pilot cars shall precede and follow an oversize permitted vehicle operating within an urbanized area during hours of darkness, as authorized in paragraph (7)(ii). A permitted vehicle not capable of maintaining 40 m.p.h. on limited access highways within an urbanized area may be authorized to operate on limited access highways within an urbanized area only from 9 a.m. to 4 p.m., when accompanied with a following pilot car.

(F) Nonurbanized areas. If the permitted vehicle or combination cannot maintain a minimum speed of 40 m.p.h. on limited access highways, a pilot car shall follow the permitted vehicle to warn and direct traffic.

(ii) Operating requirements.

(A) Pilot cars shall maintain visual and two-way radio contact with the permitted vehicle or combination during movement, except for intermittent interruptions which are not under the driver’s control, such as terrain or traffic interruptions.

(B) Head lamps and rear lamps of a permitted vehicle or combination travelling with pilot car escort shall be illuminated during movement.

(C) Pilot cars shall be equipped with one or two flashing or revolving amber lights, in accordance with sections 4572 and 6107 of the act (relating to visual signals on authorized vehicles; and designation of authorized vehicles by department) and § § 15.2 and 173.3 (relating to types of authorized vehicles; and display requirements). The flashing or revolving lights shall be continuously operated during movement.

(14) Obstructed lighting equipment. Whenever the rear running lights, stop lights, turn signals or hazard warning lights required by the act are obstructed by the load on a vehicle or by a towed vehicle or its load, lighting equipment shall be displayed on the rear of the towed vehicle or load equivalent to the obstructed lights or signals.

(15) Sign requirements.

(i) Clean yellow warning signs at least 7 feet wide by at least 18 inches high and containing only the words ‘‘OVERSIZE LOAD’’ in black letters at least 10 inches high with a 2-inch letter stroke, shall be mounted on the front of the permitted oversize vehicle and on the rear of the permitted oversize vehicle or load, unless otherwise specified in the permit.

(ii) When a pilot car is required in accordance with paragraph (13), a clean yellow warning sign at least 5 feet wide by at least 1 foot high containing only the words ‘‘OVERSIZE LOAD’’ in black letters at least 8 inches high shall be mounted on both the front and the rear of the pilot car.

(iii) When the load has been removed and the vehicle is no longer oversize, all ‘‘OVERSIZE LOAD’’ signs shall be removed or covered.

(16) Flag requirements. Points of excessive length (including an overlength vehicle or combination or a load extending more than 4 feet beyond the rear of a combination) and width, including an overwidth vehicle or a load extending beyond one or both sides of a vehicle or combination, shall be marked with clean, plain, red or fluorescent orange warning flags, at least 18 inches square.

(17) Inspection report requirement. The permittee shall carry with the permit:

(i) In the case of trucks, truck tractors and other motor vehicles not identified in subparagraph (ii), the last prior trip’s vehicle inspection report which conforms with 49 CFR 396.11 (relating to driver vehicle inspection reports) as well as § 229.365 or § 231.365 (relating to driver vehicle inspection reports; and driver vehicle inspection reports).

(ii) In the case of special mobile equipment, implements of husbandry, trailers, semitrailers and dollies, a certification that the light systems, brake systems, tires, steering and coupling devices were checked within 7 days prior to the date of movement and are in good condition and safe for travel on the highways.

(18) Convoys prohibited. Except for military convoys, a permitted oversize vehicle may not travel within 1,000 feet of another permitted oversize vehicle traveling in the same direction.

(19) Traffic build-up prohibited. The permitted vehicle should not allow a build-up of traffic to the rear in excess of six vehicles unless there is no open road ahead. The permitted vehicle shall, at the first opportunity when and where it is reasonable and safe to do so and after giving appropriate signal, drive completely off the traveled portion of the highway and stop, to allow traffic build-up to pass safely.

(20) Brake retarder required. A motor vehicle operating along a State highway and having a Gross Weight above 80,000 pounds shall be equipped with an engine-brake retarder or an exhaust-brake retarder or a hydraulic-brake retarder to supplement the service brakes. The brake retarder shall be in good working order and shall be used by the driver as necessitated by traffic or roadway conditions. A brake retarder is not required on a new motor vehicle while the vehicle is being tested by the vehicle manufacturer within a 15-mile radius of the place of manufacture or while the vehicle is in transit from the vehicle manufacturer to a purchaser or dealer outside this Commonwealth. The use of brake retarders may not be prohibited by a local authority unless prior written approval is obtained from the Department. If the Department denies written approval, a local authority may file an application for reconsideration under 1 Pa. Code § 35.241 (relating to application for rehearing or reconsideration).

The provisions of this § 179.10 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended April 25, 1980, effective May 1, 1980, 10 Pa.B. 1686; corrected May 9, 1980, effective May 1, 1980, 10 Pa.B. 1918; renumbered May 9, 1980, 10 Pa.B. 1918; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; amended October 11, 1985, effective October 12, 1985, 15 Pa.B. 3654; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, except that paragraphs (15) and (20) are effective May 16, 1994, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (133028) to (133032).

Invalidation of Permit

Promulgation of a provision which operates to automatically invalidate a special permit for carrying weight in excess of maximum legal weight is not invalid, insofar as the Department of Transportation is authorized to prescribe conditions of permits and has the regulatory authority to confiscate permits when the holder is operating in violation of issued permits. Commonwealth v. Pollock, 606 A.2d 500 (Pa. Super 1992); appeal denied 619 A.2d 700 (Pa. 1993).

The Commonwealth may consider a special hauling permit void ab initio where a driver violates one of several conditions of the permit. Department of Transportation v. Wasko, 704 A.2d 1104 (Pa. Super. 1998).

Penalty for Violation of Permit

The automatic invalidation of an overweight permit by violation of the regulation in paragraph (8) is a penalty in and of itself and does not trigger all the penalties under the regulations, such as fines for being overweight. Commonwealth v. Austin, 459 A.2d 336 (Pa. 1983).

The Department of Transportation has the regulatory authority to confiscate permits when the holder is operating in violation of issued permits; confiscation is consistent with the legislative intent to protect the safety of highway users, promote efficient movement of traffic and protect the highways. Commonwealth v. Pollock, 606 A.2d 500 (Pa. Super. 1992).

The Department has the regulatory authority to confiscate permits when the holder is operating in violation of issued permits. Commonwealth v. Pollock, 606 A.2d 500 (Pa. Super. 1992).

The automatic invalidation of an overweight permit by violation of the safety regulations of 67 Pa. Code § 179.10(8) is a penalty in and of itself and does not trigger all the penalties under the regulations, such as fines for being overweight. Commonwealth v. Austin, 459 A.2d 336 (Pa. 1983).

Promulgation of a provision which operates to automatically invalidate a special permit for carrying weight in excess of maximum legal weight is not invalid, insofar as the Department of Transportation is authorized to prescribe conditions of operations under such permits which it deems necessary to protect the safety of highway users, to promote the efficient movement of traffic, or to protect the highways. Austin v. Commonwealth, 442 A.2d 832 (Pa. Cmwlth. 1982).

This section cited in 67 Pa. Code § 179.1 (relating to definitions); 67 Pa. Code § 179.12 (relating to emergency movements); and 67 Pa. Code § 179.14 (relating to single-trip special hauling book permits for oversize movements).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.11 Special vehicle—load restrictions.

(a) Movement of mobile homes, modular housing units and undercarriages. A mobile home, modular housing unit or modular housing undercarriage that does not exceed 80 feet in body length, 14 feet in width—except as authorized in paragraph (3)—and 14 feet, 6 inches, in height may be transported upon the highway subject to the following requirements:

(1) The towing hitch mechanism of a modular housing undercarriage or mobile home shall be equipped with two antisway devices whenever the total width exceeds 13 feet, unless operating on a highway section having a posted speed below 40 miles per hour. A modular housing undercarriage or mobile home which has at least four tandem axles with brakes on each wheel may operate on any highway without antisway devices.

(Editor’s Note: The Department of Transportation waived enforcement of § 179.11(a)(1) at 30 Pa.B. 3051 (June 17, 2000).)

(2) The gross weight of the combination may not exceed the towing vehicle’s registered gross combination weight or gross combination weight rating.

(3) A mobile home or modular housing unit may exceed 14 feet in width by no more than 6 inches total overhang at the roof eaves. The total width at the roof eaves may not exceed 14 feet, 6 inches. A roof eave overhang in excess of 3 inches shall be loaded to face the right side of the highway.

(4) A mobile home or modular housing unit which is found to exceed the 14-foot width limit specified in this subsection or the 14-foot, 6-inch total roof eave width limit provided in paragraph (3), will be authorized to operate upon the highway only for purposes of returning to the manufacturer or other location determined by the Department.

(b) Movement of buildings. A site-built building in excess of 14 feet in width may be moved a short distance upon a highway if the applicant’s traffic control plan and proposed route are approved by the district office.

(c) Movement of dozers. A dozer with an attached blade in excess of 12 feet in width, but no wider than 15 feet, may be hauled upon the highway if a traffic protector guide rail device is securely fastened to the dozer.

The provisions of this § 179.11 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; amended October 11, 1985, effective October 12, 1985, 15 Pa.B. 3654; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (175744) to (175745).

This section cited in 67 Pa. Code § 179.1 (relating to definitions); and 67 Pa. Code § 179.14 (relating to single-trip special hauling book permits for oversize movements).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.12 Emergency movements.

(a) In the event of an emergency or accident affecting the public safety or convenience, such as a train derailment, under section 4964 of the act (relating to oral authorization following emergency or accident), authorization for an overweight or oversize movement may be granted prior to obtaining a permit, in accordance with the following criteria:

(1) If the necessity for an emergency movement arises between the hours of 8 a.m. and 4 p.m., other than on legal holidays, Saturdays and Sundays, the owner of the transporting equipment or the owner’s agent shall, in advance of making a movement, contact the district permit office nearest to the point of entry or point of origin in this Commonwealth, for a preassigned emergency movement authorization number. In the case of a super load, the applicant shall contact the central permit office to obtain authorization prior to movement.

(Editor’s Note: For emergency movements at hours when permit offices are closed, the Pennsylvania Emergency Management Agency, not the Pennsylvania State Police, should be contacted at (800) HBG-PEMA or (717) 651-2001 prior to making any movement. Department personnel anticipate the promulgation of a regulatory amendment to Chapter 179 and will formalize changes to § 179.12(a)(2) at that time.)

(2) For emergency movements at hours when the permit offices are closed, the owner of the transporting equipment shall, prior to making any movement, telephone the State Police at (717) 783-1864, and provide satisfactory information on the nature of the emergency, the vehicle to be permitted and the route of travel.

(3) Within 72 hours of the movement, the owner of the transporting equipment shall apply for a permit at the district permit office nearest to the point of entry or point of origin in this Commonwealth, to cover the movement in the manner prescribed in § 179.9 (relating to issuance of permits).

(4) The AASHTO policy pertaining to emergency movement of the Federal Emergency Management Agency mobile homes shall govern the movement of these units to a declared disaster area.

(5) Road marches of military tracked vehicles may be authorized upon specified highways, in accordance with AASHTO policy.

(6) Return movement from an emergency or accident site during daylight hours is authorized, except during the holiday periods specified in § 179.10(7) (relating to general conditions).

(b) Consistent with Chapter 403 (relating to hazardous materials transportation), a permit may authorize an overweight combination to haul radioactive material. A permit may also authorize cask safety cushions to exceed the maximum width limits prescribed in section 4921 of the act (relating to width of vehicles), however the cask itself may not exceed the maximum length, width or height limits.

The provisions of this § 179.12 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended May 26, 1978, effective May 27, 1978, 8 Pa.B. 1471; renumbered May 16, 1981; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (175745) to (175746).

This section cited in 67 Pa. Code § 179.8 (relating to permit application procedure); and 67 Pa. Code § 179.10 (relating to general conditions).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.13 Permit services.

A permit service that is registered with the Department under § 179.4 (relating to registration; surety bond and registration agreement) may obtain special hauling permits, Form M-936P, subject to the additional provisions in this section.

(1) The permit service shall provide the applicant with a copy of the permit and Form M-938.

(2) When applying for a special hauling permit:

(i) The permit service shall identify itself with its assigned registration identification number.

(ii) The permit service may not call the application into the permit office by telephone.

(iii) In lieu of item number five on the registration agreement, Form M-936RA, the permit service shall assure the Department that it will verify that each applicant has sufficient insurance coverage as specified in § 179.7 (relating to indemnification, insurance and security).

(iv) Wired applications shall be submitted in a format acceptable to the central permit office.

(v) The permit service is not authorized to make preliminary application for a superload.

(3) A permit, including a permit to be retransmitted, may not be altered. Retransmitted permits shall be printed on paper at least 8 1/2 inches in width by 11 inches in length and shall contain readable print.

(4) The permit service shall be responsible for the payment of permit fees as set forth in Chapter 19, Subchapter C of the act (relating to permits) and § 179.9 (relating to issuance of permits).

(5) Payment shall be submitted within 3 work days after the permit service receives the permittee’s copy of the permit, Form M-936P, or supplement, Form M-945S, or within 3 weeks if the permit service participates in the permit monthly billing system.

The provisions of this § 179.13 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (175746) to (175747).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.14 Single-trip special hauling book permits for oversize movements.

(a) General. Single-trip special hauling book permits shall be subject to applicable conditions, as may be specified in this chapter, including the provisions of § § 179.7 and 179.10 (relating to indemnification, insurance and security; and general conditions), as well as those conditions listed in this section.

(b) Nonissuance. Single-trip special hauling book permits may not be issued for:

(1) Movements which exceed the legal weight limitations set forth in Chapter 49, Subchapter C of the act (relating to maximum weights of vehicles).

(2) Vehicles having a gross weight in excess of their registered gross weight or, if the vehicle is registered to a dealer, the gross vehicle weight rating or gross combination weight rating.

(3) Return trips unless requested and specifically indicated on the book permit.

(c) Limitations. Movements in excess of 95 feet in length, 168 inches in width or 168 inches in height may not be made under this type of permit, except that a mobile home or modular housing unit having a total 6-inch roof eave overhang as authorized in § 179.11(a) (relating to special vehicle—load restrictions) may be moved under this type of permit.

(d) Engineering district. Book permits shall be used only when the move originates or terminates within the engineering district where the book was purchased.

(e) Not transferable. Book permits shall be used only by the permittee to which the book is issued; they are not transferable.

(f) Time limits. Book permits expire after 5 authorized weekdays have lapsed, as specified on the permit. In addition, each permit in a book of single-trip special hauling permits shall be used only prior to the expiration date on the front cover of the book.

(g) Supplements. Supplements will not be issued on single-trip special hauling book permits.

(h) Information. Before preparing each permit, the permittee shall furnish the appropriate engineering district permit office, orally, the information required on the permit.

(i) Validation. Upon approval of the routing and other pertinent information received, the permit will be validated by giving a code number which shall be inserted in the SPC section of the permit. The district permit office may validate the permit by calling the applicant collect after completing its review of the application.

(j) Completion of permit. Permits shall be completely filled in by typewriter or legible printing, in duplicate. Indelible ink shall be used. Incompleteness, alteration or erasures void the permit.

(1) To be eligible to receive a refund for a voided permit, persons shall submit a refund request, in writing, including both copies of the voided permit.

(2) Requests for refunds shall be postmarked or delivered to the appropriate district permit office on the same day the permit is validated.

(k) Original permit. The original permittee copy of the validated book permit shall be carried by the driver of the permitted vehicle. Photocopies or facsimile copies of book permits are not valid.

(l) Office copy. The originating office copy of the book permit shall be forwarded to the appropriate district permit office on the same day that the book permit is validated.

(m) Suspension of privilege. After providing an opportunity for a hearing to show cause why a suspension should not be imposed for a violation of this section, the Department may impose suspensions upon a person, applicant or permittee, including the employes, agents, officers, contractors, subcontractors, lessees, successors and assigns of the foregoing, according to this subsection, when, by substantial evidence, a violation is found to have occurred. Lack of intent is not a defense to a violation. Two violations of this section within 6 months constitute grounds for suspension for up to 3 months of the privilege of using single-trip special hauling book permits. During a suspension under this section, the permittee is restricted only from operating under authority of a book permit. An application may still be made for permits under § 179.8 (relating to permit application procedure). After a suspension under this section has been served, the applicant may again apply for permits under this section, unless otherwise suspended under § § 179.16 and 179.18 (relating to penalties and enforcement; and sanctions for violations). Suspension of book permit privileges under this section does not relieve the permittee from other penalties that may be imposed under § § 179.16 and 179.18.

(n) Expiration date. A book of permits expires 12 months from the date of issuance as indicated on the front cover of the book. Upon expiration, the permittee shall return unused permits in the book to the appropriate engineering district permit office.

(o) Return of copies. A book permit will not be issued to a person who has not returned appropriate copies of validated, voided or expired book permits.

The provisions of this § 179.14 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended April 25, 1980, effective May 1, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; amended October 11, 1985, effective October 12, 1985, 15 Pa.B. 3654; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (175747) to (175748).

This section cited in 67 Pa. Code § 179.1 (relating to definitions); and 67 Pa. Code § 179.8 (relating to permit application procedure).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.15 Telecommunications vendor services.

The Department will allow a person to install and maintain telecommunications equipment, such as telefacsimile, in the district offices, as specified in this section.

(1) Obtaining approval. A person who wishes to install and maintain telecommunications equipment in one or more district offices shall submit its proposal to the central permit office.

(2) Department responsibilities.

(i) The district permit office will arrange for the following:

(A) Assist with installation of telephone lines.

(B) A dedicated electrical outlet and power, 120 volts, 60 cycles, single phase, grounded.

(ii) The district permit office will provide the following:

(A) Personnel to operate equipment.

(B) Copies of permits transmitted over telecommunications equipment.

(3) Vendor responsibilities. Vendor responsibilities are as follows:

(i) Annual fees are as follows:

(A) Prior to operating telecommunications equipment, the vendor shall provide the Department with a minimum annual fee, as indicated in Table 15-1.

(B) Prior to each successive anniversary date, the vendor shall provide the Department with a minimum annual fee as indicated in the current Table 15-1.

(ii) If the equipment of the vendor does not transmit more than the annual number of permits identified in Table 15-1, the Department will not assess additional permit handling fees.

(iii) If the equipment of the vendor does transmit more than the annual number of permits identified in Table 15-1, the vendor shall pay the Department $2 for each additional permit.

(iv) The vendor shall make payment in full, to the central permit office within 30 days after receipt of the invoice of the Department.

(v) The vendor shall provide materials and supplies required by the central permit office, such as facsimile paper, coordinated furniture and self-addressed stamped envelopes for mailing copies of permits to the vendor.

(vi) The vendor shall, upon request, train district office employes on its equipment, at no cost to the Department.

(4) Termination of approval. The Secretary may terminate approval to a vendor for cause on 30 days written notice. In this case, the annual fees will be retained by the Department on a pro rata basis.

The provisions of this § 179.15 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended May 26, 1978, effective May 27, 1978, 8 Pa.B. 1471; amended April 25, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772. Immediately preceding text appears at serial pages (229756) to (229758).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.15a Seasonal/annual permits.

(a) Construction truck permits. In accordance with section 4970(b) of the act (relating to permit for movement of construction equipment), an annual permit may be issued for certain construction trucks to exceed the maximum gross weight established in section 4941(c) of the act (relating to maximum gross weight of vehicles) and the maximum axle weights established in section 4943(a) of the act (relating to maximum axle weight of vehicles), subject to the requirements of this subsection.

(1) Permit limitations. A permit will only be issued to a construction truck which:

(i) Is engaged in construction operations.

(ii) Was registered in this Commonwealth or another state on October 10, 1980.

(iii) Is registered at a gross weight of 73,280 pounds if a four-axle truck.

(2) Authorization of travel. A permit issued to a construction truck will authorize travel on any State highway in the counties listed in the permit, including bridges on those highways, except:

(i) On a highway not under the jurisdiction of the Department.

(ii) On an Interstate highway.

(iii) On a posted highway or bridge.

(iv) On a highway or portion of highway or on a bridge specifically prohibited in the permit.

(v) With a gross weight in excess of 68,000 pounds on a three-axle truck.

(vi) With a gross weight in excess of 73,280 pounds on a four-axle truck.

(vii) With tandem axle weights on a four-axle truck in excess of 21,400 pounds per individual axle or 60,000 pounds for a group of three-tandem axles.

(viii) With tandem axle weights on a three-axle truck in excess of 26,000 pounds per individual axle.

(ix) With a weight on an axle in excess of the rated axle capacity of the manufacturer.

(3) Submission of application. Each applicant for an annual construction truck permit shall submit to the Central Permit Office, at least 30 days in advance of the permit, the following:

(i) Application forms M-936A and M-936AS for each construction truck, containing the following additional information:

(A) The county for which the construction truck permit is desired.

(B) The type of load to be hauled.

(C) The maximum gross weight and axle weights that the construction truck will carry when moving upon the highway.

(D) The rated axle capacities of the manufacturer.

(E) The truck’s current registration class.

(F) The vehicle identification number (VIN).

(ii) Upon review and approval of each application, the Central Permit Office will advise the applicant of the check amount that is required:

(A) To cover the $50 permit fee.

(B) To cover the difference between each three-axle truck’s current registration class fee and the fee for the registration class within which the construction truck will be authorized to operate by the permit.

(b) Special mobile equipment permits.

(1) An annual Special Mobile Equipment (S.M.E.) permit may be issued to a vehicle registered as special mobile equipment, authorizing movement upon highways in accordance with this section.

(2) An S.M.E. permit will authorize special mobile equipment to operate with individual axle weights up to 21,400 pounds, if the following conditions are met:

(i) The vehicle’s length, width or height does not exceed the maximum limits specified in sections 4921—4925 of the act (relating to width, height and length).

(ii) The vehicle’s gross weight does not exceed 73,280 pounds.

(iii) None of the vehicle’s axle weights exceed the manufacturer’s rated axle capacity.

(3) Applicants for an S.M.E. permit shall submit a properly completed application (Form M-936A) and supplemental application (Form M-936AS) to the district office of the Department with a certified check or money order in the appropriate amount.

(4) An S.M.E. permit may not authorize travel on any of the following:

(i) A highway not under the jurisdiction of the Department.

(ii) A posted highway or bridge.

(5) An S.M.E. permit may also be issued under this subsection to an unloaded motor vehicle having weights and sizes which do not exceed the limits under this subsection but which do not otherwise qualify for registration as S.M.E.

(c) Implement of husbandry permits. A seasonal permit may be issued for certain implements of husbandry, to operate from sunrise to sunset, as follows:

(1) A 90-day permit may be issued for an implement of husbandry which does not exceed 10 feet in width, authorizing movement along limited access highways, provided the permitted vehicle maintains a minimum speed of 40 miles per hour.

(2) A 90-day permit may be issued for an implement of husbandry wider than 174 inches but not exceeding 16 feet in width, authorizing movement upon State highways, other than limited access highways.

(d) Military vehicle permits. A free 30-day permit may be issued to the Department of the Army, authorizing nondivisible oversize or overweight movement by a military vehicle convoy upon specified Interstate and State highways.

(e) Governmental vehicle permits. A free annual permit may be issued to a vehicle owned by a governmental entity, authorizing nondivisible oversize or overweight movement upon State highways.

The provisions of this § 179.15a adopted March 6, 1981, effective March 7, 1981, 11 Pa.B. 811; corrected May 20, 1983, effective July 11, 1981, 13 Pa.B. 1721; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (133040) to (133042).

This section cited in 67 Pa. Code § 179.9 (relating to issuance of permits).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.16 Penalties and enforcement.

(a) General rule. A violation of this chapter or a permit shall be authority for the officer to confiscate the permit and for imposition of any or all of the following penalties:

(1) Such fines, imprisonment and other penalties as are provided by law.

(2) Revocation of the registration of the applicant under § 179.6 (relating to revocation of registration).

(3) Confiscation of the special hauling permits of the applicant by a police officer or representative of the Department.

(4) Refusal by the Department to issue future special hauling permits or to permit future registration under § 179.5 (relating to issuance of registration agreement).

(5) Removal of a registered person from the monthly billing system.

(b) Determination of amount of overweight.

(1) Weight in excess of permitted weight. If a vehicle or combination operating under a permit is found to have a weight in excess of the permitted axle or gross weight, the amount of overweight is determined by subtracting from the actual weight the greater of the permitted weight or the maximum weight authorized by Chapter 49, Subchapter C of the act (relating to maximum weights of vehicles).

(2) Other permit violations. If any vehicle or combination operating under a permit to exceed weight limits is found to be operating off the approved route indicated in the permit, the amount of overweight is determined as if there were no permit.

The provisions of this § 179.16 adopted August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended April 25, 1980, effective May 1, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364. Immediately preceding text appears at serial pages (125309) to (125310).

The fines assessed under the Vehicle Code for operating overweight vehicles without a permit were not proper when special permits had been obtained. Commonwealth v. J. F. Lomma, Inc., 590 A.2d 342 (Pa. Super. 1991).

Where a party has an overweight permit authorizing the party to haul overweight loads over a specific route, a penalty imposed on that party’s hauling of an overweight load over an unauthorized route shall be imposed under 75 Pa.C.S. § 4945, not under 75 Pa.C.S. § 4907. Commonwealth v. Liver, 520 A.2d 56 (Pa. Super. 1987).

An initial administrative review by the Department of Transportation is not required under this section, which clearly states that the violation of any regulation under the Vehicle Code would invalidate the special permit and constitute grounds for prosecution. Austin v. Commonwealth, 442 A.2d 832 (Pa. Cmwlth. 1982). Vacated on other grounds see 459 A.2d 336 (Pa. 1983).

This section cited in 67 Pa. Code § 179.1 (relating to definitions); and 67 Pa. Code § 179.14 (relating to single-trip special hauling book permits for oversize movements).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

67 Pa. Code § 179.18 Sanctions for violations.

(a) Suspension after hearing. After providing an opportunity for a hearing to show cause why a suspension should not be imposed for a violation of a permit, the registration agreement, this chapter or the act, the Department may impose suspensions upon a person, applicant, permittee or permit service, including the employes, agents, officers, contractors, subcontractors, lessees, successors and assigns of the foregoing, according to the following schedule, when, by substantial evidence, a violation is found to have occurred. Lack of intent is not a defense to a violation.

(b) Schedule.

(c) Second, third and subsequent violations. Second, third and subsequent violations will be determined on the basis of previous violations of the same violation category committed within a 4-year period. A second, third or subsequent violation will be deemed a first violation if the most recent, previous violation of the same category occurred more than 4 years prior to the date of the second, third or subsequent violation. If a second, third or subsequent violation of the same category occurs within 4 years of the most recent, previous violation, it will be deemed a second, third or subsequent violation, regardless of when other previous violations occurred.

(d) Multiple violations. In the case of multiple violations considered at one time, the Department may direct that the imposed suspension be served concurrently or consecutively. The Department may also impose a revocation upon the applicant’s registration agreement, under § 179.6 (relating to revocation of registration), to run concurrently or consecutively with a suspension, if a violation involves a permit obtained by wire. The Department may also deem any number of several violations committed during a proximate period of time, or in the same course of misconduct, to constitute one or more violations, if the Department determines that sufficient mitigating or aggravating circumstances are present.

(e) Appeal of Secretary’s Order. A person may appeal a final order of suspension under 2 Pa.C.S. § § 701—704 (relating to judicial review of Commonwealth agency action) within 30 days after issuance of the final order by the Secretary.

(f) Suspension without hearing.

(1) Without providing a hearing, the Department may immediately suspend a person from obtaining permits or operating under permit authority for failure to pay a fee authorized under the act or this chapter, until proper payment is received.

(2) Without providing a hearing, Department personnel and law enforcement personnel may immediately confiscate an altered, forged, or counterfeited permit, or a permit used in violation of its terms and conditions.

(g) Reinstatement. After a suspension under this section has been served, and the penalties and fees have been paid, the applicant may again apply for permits under this chapter.

The provisions of this § 179.18 adopted May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334.

This section cited in 67 Pa. Code § 179.1 (relating to definitions); and 67 Pa. Code § 179.14 (relating to single-trip special hauling book permits for oversize movements).

History

• Authority: The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.

Chapter 181 Hold-Down and Tiedown Devices for Junked Vehicles and Vehicle Hulks

67 Pa. Code § 181.1 Scope.

The requirements of this chapter shall be the responsibility of the carrier and shall be applicable to the transportation of metal products of the following types—junked vehicles or vehicle hulks.

The provisions of this § 181.1 adopted January 20, 1978, effective January 21, 1978, 8 Pa.B. 205.

History

• Authority: The provisions of this Chapter 181 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 181 adopted January 20, 1978, effective January 21, 1978, 8 Pa.

67 Pa. Code § 181.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Junked vehicle—A vehicle that has been issued a certificate of junk or that is not lawfully registered and remains inoperative or incapable of being driven and that is valueless except for junk. Tier of junked vehicles or vehicle hulks—A stack of one or more than one junked vehicle or vehicle hulk. The tier shall consist of a junked vehicle or vehicle hulk if only one junked vehicle or vehicle hulk is carried with no other junked vehicle or vehicle hulk placed directly above it. A tier shall also consist of a series of junked vehicles or vehicle hulks placed directly one on top of the other. Vehicle hulk—That part of a vehicle that remains after the vital parts as motor, transmission, axles or frame have been removed. It shall be a vehicle which has primarily only the body and sometimes the frame remaining and which may or may not have been crushed, compressed or compacted.

The provisions of this § 181.2 adopted January 20, 1978, effective January 21, 1978, 8 Pa.B. 205.

History

• Authority: The provisions of this Chapter 181 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 181 adopted January 20, 1978, effective January 21, 1978, 8 Pa.

67 Pa. Code § 181.3 General requirements.

A truck, truck tractor, semitrailer and full trailer, shall, when transporting junked vehicles or vehicle hulks, be loaded and equipped to prevent the shifting or falling of the cargo in the manner prescribed by the provisions of this chapter.

The provisions of this § 181.3 adopted January 20, 1978, effective January 21, 1978, 8 Pa.B. 205.

History

• Authority: The provisions of this Chapter 181 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 181 adopted January 20, 1978, effective January 21, 1978, 8 Pa.

67 Pa. Code § 181.4 Basic protection components.

A cargo carrying vehicle or combination of vehicles shall be equipped with devices providing protection against shifting or falling cargo that meet the requirements of either paragraph (1) or (2).

(1) Option A. The vehicle shall have sides, sideboards or stakes, and a rear endgate, endboard or stakes. Those devices shall be strong enough and high enough to assure that cargo will not shift upon, or fall from, the vehicle. Those devices shall have no aperture large enough to permit cargo in contact with one or more of the devices to pass through it.

(2) Option B. The vehicle or combination of vehicles shall have at least two tiedown assemblies for each tier of junked vehicles or vehicle hulks and the assemblies shall meet the requirements of § 181.5 (relating to securement systems) for each tier of junked vehicles or vehicle hulks. In addition, the vehicle or combination of vehicles shall have as many additional tiedown assemblies meeting the requirements of § 181.5 as are necessary to secure cargo being transported either by direct contact between the cargo and the tiedown assemblies or by dunnage which is in contact with the cargo and is secured by tiedown assemblies. Tiedown assemblies or dunnage in contact with sufficient exterior, including topmost, pieces of the cargo and securely holding each interior or lower piece will comply with this requirement.

The provisions of this § 181.4 adopted January 20, 1978, effective January 21, 1978, 8 Pa.B. 205.

This section cited in 67 Pa. Code § 181.6 (relating to blocking and bracing).

History

• Authority: The provisions of this Chapter 181 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 181 adopted January 20, 1978, effective January 21, 1978, 8 Pa.

67 Pa. Code § 181.5 Securement systems.

(a) General requirements. This section applies to tiedown assemblies, including chains, cables, steel straps, other securement devices, and attachment or fastening devices used in conjunction therewith, which are used to secure cargo to motor vehicles in transit. Devices which are used to secure cargo to a motor vehicle in transit under this chapter shall conform with the requirements of this section.

(b) Tiedown assemblies. The aggregate static breaking strength of the tiedown assemblies used to secure an article against movement in a direction shall be at least 1 1/2 times the weight of that article. Chain used as a component of a tiedown assembly shall conform with the requirements of the August 1961 edition to the Welded Chain Specifications of the National Association of Chain Manufacturers, as amended, applicable to all types of chain. Copies of these specifications may be secured by writing to the National Association of Chain Manufacturers, 111 West Washington St., Chicago, IL 60601. Steel strapping used as a component of a tiedown assembly shall conform with the requirements of Federal Specification No. QQ-S-781 (1973). Copies of these specifications may be secured from the Superintendent of Documents, U. S. Government Printing Office, Washington, D. C. 20402. Steel strapping that is one inch wide or wider shall have at least two pairs of crimps in each seal and, when end-over-end lap joints are formed, shall be sealed with at least two seals.

(c) Load binders and hardware. The strength of load binders and hardware that are part of, or used in conjunction with, a tiedown assembly shall be equal to, or greater than, the minimum strength specified for that tiedown assembly in subsection (b).

(d) Attachment to the vehicle. The hook, bolt, weld or other connector by which a tiedown assembly is attached to a vehicle, and the mounting place and means of mounting the connector, shall be at least as strong as the tiedown assembly when that connector is loaded in a direction in which the tiedown assembly may load or place a stress on it.

(e) Winches or other fastenings. The anchorages of a winch or other fastening device mounted on a vehicle and used in conjunction with a tiedown assembly shall have a combined tensile strength equal to, or greater than, the strength of the tiedown assembly.

(f) Adjustability. A tiedown assembly and its associated connectors and attachment devices shall be designed, constructed and maintained so that the driver of an in-transit vehicle can tighten them. However, the provisions of this subsection does not apply to a securement system in which the tiedown assembly consists of steel strapping or to a tiedown assembly which is not required by the provisions of this section.

(g) Tiedown limitations. Limitations on tiedowns shall be as follows:

(1) No chain may be used if any link is:

(i) Worn or gouged through over 10% of its thickness.

(ii) Cracked to an extent.

(iii) Bent, twisted, stretched or collapsed.

(iv) If a replacement or connecting link is not as strong in tension as the minimum required by subsection (b).

(2) For load binders the hook of the binder shall not be spread or distorted. The attaching pin may not be bent, worn over 10% of its thickness, or inadequately secured to the hook. The binder parts may not be bent, repaired by welding or so worn or distorted as not to enable the chain to be tensioned properly or to retain tension when in the secured position.

(3) Cables may not be worn or frayed or have over 10% of their strands broken at any point.

(4) Load securing devices, such as winches, shall be secured to the vehicles and may not give evidence of deterioration as by cracking of welds or distortion, wear or cracking of bolts. Ratchets shall be so designed and maintained as to hold the cable drum securely.

(5) For tiedown assemblies and other securing devices, natural or man made fibers, such as nylon or hemp rope, may not be used.

The provisions of this § 181.5 adopted January 20, 1978, effective January 21, 1978, 8 Pa.B. 205.

This section cited in 67 Pa. Code § 181.4 (relating to basic protection components).

History

• Authority: The provisions of this Chapter 181 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 181 adopted January 20, 1978, effective January 21, 1978, 8 Pa.

67 Pa. Code § 181.6 Blocking and bracing.

Requirements for blocking and bracing shall be as follows:

(1) When a vehicle or combination of vehicles carries cargo that is not firmly braced against a front-end structure that conforms with the provisions of § 181.7 (relating to front-end structure), the cargo shall be secured so that, when the vehicle decelerates at a rate of 20 feet per second, the cargo will remain on the vehicle and will not penetrate the front-end structure of the vehicle.

(2) The cargo shall be secured so that the cargo will remain on the vehicle and will not fall off the rear-end structure of the vehicle.

(3) When a vehicle or combination of vehicles carries cargo that may shift sideways in transit, the cargo shall either be securely blocked or braced against the sides, sideboards or stakes of the vehicle or be secured by devices that conform with the provisions of § 181.4(2) (relating to basic protection components).

The provisions of this § 181.6 adopted January 20, 1978, effective January 21, 1978, 8 Pa.B. 205.

History

• Authority: The provisions of this Chapter 181 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 181 adopted January 20, 1978, effective January 21, 1978, 8 Pa.

67 Pa. Code § 181.7 Front-end structure.

(a) General requirements. General requirements for front-end structures shall be as follows:

(1) Except as provided in subsection (g), every cargo carrying motor vehicle shall be equipped with a headerboard or similar device of sufficient strength to prevent load shifting and penetration or crushing of the compartment of the driver.

(2) On and after the effective dates specified in subsection (h), every cargo carrying motor vehicle must have a front-end structure that conforms with the provisions of this section.

(b) Location. The front-end structure shall be located between the cargo of the vehicle and the driver of the vehicle.

(c) Height and width. The front-end structure shall extend either to a height of 4 feet above the floor of the vehicle or to a height at which it blocks forward movement of any item of cargo being carried on the vehicle, whichever is lower. The front-end structure shall have a width which is at least equal to the width of the vehicle or which blocks forward movement of any item of cargo being transported on the vehicle, whichever is narrower.

(d) Strength. The front-end structure and the manner in which it is attached shall be capable of at least withstanding the horizontal forward static load specified in either paragraph (1) or (2).

(1) For a front-end structure less than 6 feet in height, a horizontal forward static load equal to 1/2 of the weight of the cargo being transported on the vehicle uniformly distributed over the entire portion of the front-end structure that is within 4 feet above the floor of the vehicle or that is at or below a height above the floor of the vehicle at which it blocks forward movement of any item of the cargo of the vehicle, whichever is less.

(2) For a front-end structure 6 feet in height or higher, a horizontal forward static load equal to .4 of the weight of the cargo being transported on the vehicle uniformly distributed over the entire front-end structure.

(e) Penetration resistance. The front-end structure shall be designed, constructed and maintained so that it is capable of resisting penetration by any item of cargo that contacts it when the vehicle decelerates at a rate of 20 feet per second per second. The front-end structure shall have no aperture large enough to permit an item of cargo in contact with the structure to pass through it.

(f) Substitute devices. The requirements of this section may be met by the use of devices performing the same functions as a front-end structure, if the devices are at least as strong as, and provide protection against shifting cargo at least equal to, a front-end structure which conforms with those requirements.

(g) Exemptions. The following motor vehicles shall be exempt from the requirements of this section:

(1) A pole trailer or semitrailer being towed by a truck tractor that is equipped with a front-end structure that conforms with the requirements of this section.

(2) A full trailer being towed by a vehicle that is equipped with a front-end structure that conforms with the requirements of this section for a front-end structure.

(3) A full trailer being towed by a vehicle that is loaded in such a manner that the cargo on the towing vehicle conforms with the requirements of this section for a front-end structure.

(4) The requirements of subsections (d) and (e) may not apply to a motor vehicle manufactured before October 1, 1975.

(h) Effective dates. The vehicles which are not exempted by subsection (g) shall conform with the requirements of this section as follows:

Subsections (d) and (e) does not apply to a motor vehicle that was manufactured before October 1, 1975.

The provisions of this § 181.7 adopted January 20, 1978, effective January 21, 1978, 8 Pa.B. 205.

This section cited in 67 Pa. Code § 181.6 (relating to blocking and bracing).

History

• Authority: The provisions of this Chapter 181 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 181 adopted January 20, 1978, effective January 21, 1978, 8 Pa.

67 Pa. Code § 181.8 Cargo.

In this chapter, cargo shall include any junked vehicles or vehicle hulks.

The provisions of this § 181.8 adopted January 20, 1978, effective January 21, 1978, 8 Pa.B. 205.

History

• Authority: The provisions of this Chapter 181 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 181 adopted January 20, 1978, effective January 21, 1978, 8 Pa.

67 Pa. Code § 181.9 General requirements for securement.

(a) Tightening. Tiedown assemblies shall be tightened by the driver before the vehicle leaves the loading area.

(b) Examination. Loads shall be examined by the driver and load securing devices shall, if necessary, be tightened or repositioned, within 10 miles after leaving the loading area and at approximately 100 mile intervals thereafter while in transit.

(c) Timber. Timber used for blocking shall be of sound lumber and shall be nominal 4 by 4 inch cross-section or more. The term ‘‘nominal’’ as used in this subsection to describe timber means commercially dressed sizes.

The provisions of this § 181.9 adopted January 20, 1978, effective January 21, 1978, 8 Pa.B. 205.

History

• Authority: The provisions of this Chapter 181 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 181 adopted January 20, 1978, effective January 21, 1978, 8 Pa.

67 Pa. Code § 181.10 Noncomplying vehicles.

A vehicle or combination of vehicles which transports junked vehicles or vehicle hulks and which fails to comply with the provisions of this chapter may not be permitted to travel upon roadways or sections of roadways in this Commonwealth. A vehicle or combination of vehicles in violation of this chapter may not travel upon the roadways or sections of roadways in this Commonwealth until the vehicle or combination of vehicles and its cargo is brought into conformance with the provisions of this chapter.

The provisions of this § 181.10 adopted January 20, 1978, effective January 21, 1978, 8 Pa.B. 205.

History

• Authority: The provisions of this Chapter 181 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 181 adopted January 20, 1978, effective January 21, 1978, 8 Pa.

Chapter 183 Hold-Down and Tiedown Devices for Metal Cargo and Logs

67 Pa. Code § 183.1 Application.

The requirements of this chapter is the responsibility of the carrier and is applicable to the transportation of cargo of the following types:

(1) Sheet and strip in coils, coated and uncoated and tin mill products in coils, when the weight of either an individual article or group of articles bound together so as to be handled as one article exceeds 5,000 pounds.

(2) Tin mill products in ingots and pipes, when the weight of either an individual article or group of articles bound together so as to be handled as one article exceeds 2,000 pounds.

(3) Logs.

The provisions of this § 183.1 adopted September 14, 1979, effective September 15, 1979, 9 Pa.B. 3179.

This section cited in 67 Pa. Code § 183.2 (relating to definitions); and 67 Pa. Code § 183.4 (relating to basic protection components).

History

• Authority: The provisions of this Chapter 183 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 183 adopted September 14, 1979, effective September 15, 1979, 9 Pa.

67 Pa. Code § 183.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Carrier—A person who or which as owner, lessee or other possessor of one or more vehicles, directs or controls the transportation of metal cargo or logs either for their own account or for hire. Logs—Portions of trees having a natural shape and a diameter of at least 4 inches. Metal cargo—Metal products of the type and quantity referred to in § 183.1(1) and (2) (relating to application).

The provisions of this § 183.2 adopted September 14, 1979, effective September 15, 1979, 9 Pa.B. 3179; amended March 18, 1988, effective March 19, 1988, 18 Pa.B. 1207. Immediately preceding text appears at serial pages (57010) to (57011).

History

• Authority: The provisions of this Chapter 183 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 183 adopted September 14, 1979, effective September 15, 1979, 9 Pa.

67 Pa. Code § 183.3 General rule.

A vehicle or combination transporting metal cargo or logs shall be loaded and equipped to prevent the shifting or falling of the cargo or logs.

The provisions of this § 183.3 adopted September 14, 1979, effective September 15, 1979, 9 Pa.B. 3179.

History

• Authority: The provisions of this Chapter 183 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 183 adopted September 14, 1979, effective September 15, 1979, 9 Pa.

67 Pa. Code § 183.4 Basic protection components.

(a) Metal in coils. A vehicle or combination carrying metal cargo of the type specified in § 183.1(1) (relating to application) shall be equipped with devices providing protection against shifting or falling cargo that meet the following requirements:

(1) Coils with eye vertical. Requirements for securing coils with eye vertical shall be as follows:

(i) Except as provided in paragraph (3)(ii) and (iii), a coil loaded with its eye vertical shall be secured as follows: one chain against the coil restricting it against forward motion, one chain against the coil restricting it against rearward motion and one chain over the top of the coil restricting it against vertical motion. The same length of chain may not be used to perform more than one of the above functions. The configuration of chains shall be arranged to effectively restrain side-to-side motion.

(ii) If two or more coils with their eyes vertical are grouped and loaded in a transverse row or rows, they shall be secured by: a chain against the front of the group restricting it against forward motion, a chain against the rear of the group restricting it against rearward motion and one chain over the top of each transverse row restricting vertical motion. The configuration of chains shall be arranged to effectively restrain side-to-side motion.

(iii) If two or more coils with their eyes vertical are grouped in a fore-and-aft direction, they shall be secured by: a chain against the front of the group restricting it against forward motion, a chain against the rear of the group restricting it against rearward motion and a chain over the top of each coil restricting it against vertical motion. The configuration of chains shall be arranged to effectively restrain side-to-side motion.

(2) Coils with eye crosswise. A coil loaded with its eye crosswise shall be secured by: a chain through the eye restricting it against forward motion, a chain through the eye restricting it against rearward motion and timbers of at least nominal 4 by 4 inch cross-section and a length at least 75% of the width of the coil, tightly placed against the front and back of the coil and restrained as to restrict fore-and-aft motion.

(i) If two or more coils are loaded against each other, in the fore-and-aft direction, then only the foremost and rearmost coils need be secured as to prevent relative motion between the coils and the vehicle.

(ii) If more than one coil is loaded against another, a coil shall be secured by at least one chain so positioned as to restrict it against forward motion, except that the chain for the rearmost coil shall restrain it against rearward motion. The configuration of chains shall be arranged to effectively restrain side-to-side motion.

(iii) If two or more coils of approximately the same outside diameter are loaded side-by-side in a transverse row, then each row shall be secured by a chain through their eyes restricting them against forward motion, a chain through their eyes restricting them against rearward motion and timbers of at least nominal 4 by 4 inch cross-section and a length at least 75% of the width of the coil, tightly placed against the front and back of the coils and restrained as to restrict fore-and-aft motion. The configuration of chains shall be arranged to effectively restrain side-to-side motion.

(3) Coils with eye lengthwise. Requirements for securing coils with eye lengthwise shall be as follows:

(i) Except as provided in subparagraphs (ii) and (iii), each coil loaded with its eye lengthwise shall be secured by a chain over the top of the coil or two chains through the eye of the coil restricting it against side-to-side motion, and timbers of at least nominal 4 by 4 inch cross-section tightly placed against the sides of the coil and restrained so as to restrict side-to-side motion. If only one chain is used over the top of the coil, timbers of at least nominal 2 by 4 inch cross-section shall be tightly placed against the front and back of the coil and firmly secured to the longitudinal blocking required above so as to restrict any fore-and-aft motion. The configuration of chains shall be arranged to effectively restrain vertical and fore-and-aft motion.

(ii) Two coils of approximately equal outside diameter may be loaded side-by-side if they are secured by a chain through the eye of each coil crossed so as to restrict the coils against side-to-side motion or one chain over the top of both coils; and timbers of at least nominal 4 by 4 inch cross-section tightly placed against the outer side of each of the coils. If only one chain is used over the top of both coils, timbers of at least nominal 2 by 4 inch cross-section shall be tightly placed against the front and back of the coils and firmly secured to the longitudinal blocking required above so as to effectively restrain vertical and fore-and-aft motion.

(iii) If two or more coils are loaded end-to-end in a single longitudinal row or two longitudinal side-by-side rows, of approximately equal outside diameter, they shall be secured by a chain over the top of each coil and transverse row of two coils, by two chains through the eyes of a single lengthwise row or by a chain through the eyes of a row of a side-by-side group, crossed so as to restrain side-to-side motion; and timbers of at least nominal 4 by 4 inch cross-section tightly placed against a side of a single row or the outer sides of a double row and restrained so as to restrict side-to-side motion. If only one chain is used over the top of a coil in a single row or transverse row of two coils in a side-by-side group, timbers of at least nominal 2 by 4 inch cross-section shall be tightly placed against the front and back of the row and firmly secured to the longitudinal blocking required above so as to restrict fore-and-aft motion. The configuration of chains shall be arranged to effectively restrain vertical and fore-and-aft motion.

(b) Metal in ingots and pipes. A vehicle or combination carrying metal cargo of the type specified in § 183.1(2) shall be equipped with devices providing protection against shifting or falling cargo that meet the following requirements:

(1) An article or group of articles shall be secured by at least chain or cable over its top for at least each 8 feet of length with no less than two chains on an individual article or combination of articles banded or otherwise secured together and handled as a single unit.

(i) A combination of articles loaded side-by-side across the width of a vehicle shall be considered as a single unit.

(ii) Articles 8 feet or less in length may be mounted in the fore-and-aft direction if they are securely abutted one end to another, and are secured in place by metal angles or if a timber of at least nominal 4 by 4 inch cross-section is placed longitudinally over the articles and the metal angles or timbers are secured by a chain.

(iii) No additional securing devices shall be required for tiered articles than for a single level of articles if a tiered article rests securely on the article on which it is placed.

(2) On pole trailers, there shall be at least two binder chains or cables to secure the load to the forward bolster and two binder chains or cables to secure it to the rear bolster.

(c) Logs. Requirements for securing logs shall be as follows:

(1) A load of logs, consisting of one or more stacks of logs, carried on or by a vehicle or combination shall be secured by at least three binders, chains or straps.

(i) A stack of logs containing logs longer than 3 feet carried on or by a vehicle or combination shall be secured by at least three binders, chains or straps.

(ii) A stack of logs not longer than 3 feet carried on or by a vehicle or combination, with one or more additional stacks of logs, shall be secured by at least two binders, chains or straps.

(2) On open-body or stake-body vehicles, there shall be a sufficient number of vertical bars, posts or stakes, at least two on each side, to secure each stack of logs in the event of failure of the binders, chains or straps.

(3) This subsection does not apply to logs carried in a pick-up truck, dump truck or similar vehicle having solid sides and rear, if the logs are not loaded above the sides and rear.

(d) Special restraining devices. If a vehicle is constructed with a depression in the floor or other restraining devices affixed thereto, and they perform the functions required above for various types of timber, then such timbers may not be required.

The provisions of this § 183.4 adopted September 14, 1979, effective September 15, 1979, 9 Pa.B. 3179; amended May 23, 1980, effective May 24, 1980, 10 Pa.B. 2079; amended March 18, 1988, effective March 19, 1988, 18 Pa.B. 1207. Immediately preceding text appears at serial pages (57011) to (57014).

This section cited in 67 Pa. Code § 183.6 (relating to blocking and bracing).

History

• Authority: The provisions of this Chapter 183 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 183 adopted September 14, 1979, effective September 15, 1979, 9 Pa.

67 Pa. Code § 183.5 Securement systems.

(a) Application of section. The requirements of this section applies to tiedown assemblies—including chains, cables, steel straps, other securement devices and attachment or fastening devices used in conjunction therewith—which are used to secure metal cargo or logs to vehicles in transit.

(b) Tiedown assemblies. The aggregate static breaking strength of the tiedown assemblies used to secure an article against movement in a direction shall be at least 1 1/2 times the weight of that article.

(1) Chain used as a component of a tiedown assembly shall conform with the requirements of the August 1961 edition of the National Association of Chain Manufacturers’ Welded Chain Specifications, as amended, applicable to all types of chain. Copies of these specifications may be secured by writing to the National Association of Chain Manufacturers, 111 West Washington Street, Chicago, Illinois 60601.

(2) Steel strapping used as a component of a tiedown assembly shall conform with the requirements of Federal Specification No. QQ-S-781 (1973). Copies of these specifications may be secured from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402. Steel strapping that is one inch wide or wider shall have at least two pairs of crimps in each seal and, when end-over-end lap joints are formed, shall be sealed with at least two seals.

(c) Load binders and hardware. The strength of load binders and hardware that are part of, or used in conjunction with, a tiedown assembly shall be equal to or greater than the minimum strength specified for the tiedown assembly in subsection (b).

(d) Attachment to vehicles. Tiedown assemblies shall be attached to vehicles as follows:

(1) The hook, bolt, weld or other connector by which a tiedown assembly is attached to a vehicle, and the mounting place and means of mounting the connector, shall be at least as strong as the tiedown assembly when that connector is loaded in a direction in which the tiedown assembly may load or place a stress on it.

(2) The anchorage of a winch or other fastening device mounted on a vehicle and used in conjunction with a tiedown assembly shall have a combined tensile strength equal to or greater than the strength of the tiedown assembly.

(e) Adjustability. A tiedown assembly and its associated connectors and attachment devices shall be designed, constructed and maintained so that the driver of an in-transit vehicle can tighten them. However, the provisions of this subsection does not apply to a securement system in which the tiedown assembly consists of steel strapping or to a tiedown assembly which is not required by this section.

(f) Limitations. Limitations on tiedown assemblies shall be as follows:

(1) No chain may be used if a link is or has been:

(i) Worn or gouged through over 10% of its thickness.

(ii) Cracked to any extent.

(iii) Bent, twisted, stretched or collapsed.

(iv) Replaced by a link not as strong in tension as the minimum required in subsection (b).

(2) On load binders:

(i) The hook of the binder may not be spread or distorted.

(ii) The attaching pin may not be bent, worn over 10% of its thickness or inadequately secured to the hook.

(iii) The binder parts may not be bent, repaired by welding or so worn or distorted as to prevent the chain from being tensioned properly or retaining tension when in the secured position.

(3) Cables may not be worn, frayed or have over 10% of their strands broken at any point.

The provisions of this § 183.5 adopted September 14, 1979, effective September 15, 1979, 9 Pa.B. 3179.

History

• Authority: The provisions of this Chapter 183 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 183 adopted September 14, 1979, effective September 15, 1979, 9 Pa.

67 Pa. Code § 183.6 Blocking and bracing.

(a) Forward movement. When a vehicle or combination carries metal cargo or logs that are not firmly braced against a front-end structure that conforms with the requirements of § 183.7 (relating to front-end structure), the metal cargo or logs shall be secured so that when the vehicle decelerates at a rate of 20 feet per second the cargo or logs remain on the vehicle and do not penetrate the front-end structure of the vehicle.

(b) Movement to rear. Metal cargo and logs shall be secured so that they remain on the vehicle or combination and do not fall off the rear-end of the vehicle.

(c) Sideways movement. When a vehicle or combination carries metal cargo or logs that may shift sideways in transit, the cargo or logs shall be securely blocked or braced against the sides, sideboards or stakes of the vehicle; or be secured by devices that conform with the requirements of § 183.4(c) (relating to basic protection components).

The provisions of this § 183.6 adopted September 14, 1979, effective September 15, 1979, 9 Pa.B. 3179.

History

• Authority: The provisions of this Chapter 183 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 183 adopted September 14, 1979, effective September 15, 1979, 9 Pa.

67 Pa. Code § 183.7 Front-end structure.

(a) General rule. Except as provided in subsection (h), a vehicle or combination carrying metal cargo or logs shall be equipped with a front-end structure or similar device of sufficient strength to prevent load shifting, and penetration or crushing of the compartment of the driver.

(b) Location. The front-end structure shall be located between the metal cargo or logs of the vehicle and the driver of the vehicle.

(c) Height. A front-end structure shall extend to the height of the passenger compartment of the vehicle or to a height at which it blocks forward movement of any metal cargo or logs being carried on the vehicle, whichever is less.

(d) Width. The front-end structure shall have a width which is at least equal to the width of the vehicle or which blocks forward movement of an item of cargo being transported on the vehicle, whichever is less.

(e) Strength. A front-end structure and the manner in which it is attached shall be capable of withstanding at least the horizontal forward static load indicated below:

(1) A front-end structure less than 6 feet in height: a horizontal forward static load equal to 1/2 of the weight of the metal cargo or logs being transported on the vehicle uniformly distributed over the entire portion of the front-end structure that is at or below the height of the passenger compartment or a height above the floor of the vehicle at which it blocks forward movement of an item of the metal cargo or logs of the vehicle, whichever is less.

(2) A front-end structure 6 feet in height or higher: a horizontal forward static load equal to .4 of the weight of the metal cargo or logs being transported on the vehicle uniformly distributed over the entire front-end structure.

(f) Penetration resistance. The front-end structure shall be designed, constructed and maintained so that it is capable of resisting penetration by an item of metal cargo or logs that contacts it when the vehicle decelerates at a rate of 20 feet per second. The front-end structure may have no aperture large enough to permit an item of cargo or log in contact with the structure to pass through it.

(g) Substitute devices. The requirements of this section may be met by the use of devices performing the same functions as a front-end structure, if the devices are at least as strong as and provide protection against shifting metal cargo or logs at least equal to a front-end structure which conforms with these requirements.

(h) Exemptions. The requirements of this section does not apply to the following vehicles:

(1) A trailer being towed by a vehicle that is equipped with a front-end structure that conforms with the requirements of this section.

(2) A full trailer being towed by a vehicle that is loaded in such a manner that the metal cargo on the towing vehicle conforms with the requirements of this section for a front-end structure.

(3) The requirements of subsections (e) and (f) does not apply to a vehicle manufactured before October 1, 1975.

The provisions of this § 183.7 adopted September 14, 1979, effective September 15, 1979, 9 Pa.B. 3179.

This section cited in 67 Pa. Code § 183.6 (relating to blocking and bracing).

History

• Authority: The provisions of this Chapter 183 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 183 adopted September 14, 1979, effective September 15, 1979, 9 Pa.

67 Pa. Code § 183.8 General requirements for securement.

(a) Tightening. Tiedown assemblies shall be tightened by the driver before the vehicle leaves the loading area.

(b) Examination. Loads shall be examined by the driver and load-securing devices shall, if necessary, be tightened or repositioned, within 10 miles after leaving the loading area and at approximately 100 mile intervals thereafter while in transit.

(c) Timber. Timber used for blocking shall be of sound lumber in commercially dressed sizes, generally designated by the dimension indicated.

(d) Additional securement. Regardless of the other requirements of this chapter, a method of securement which does not restrain the load from moving during transportation may not be permitted and additional restraining devices shall be used to secure the load properly.

The provisions of this § 183.8 adopted September 14, 1979, effective September 15, 1979, 9 Pa.B. 3179.

History

• Authority: The provisions of this Chapter 183 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 183 adopted September 14, 1979, effective September 15, 1979, 9 Pa.

67 Pa. Code § 183.9 Noncomplying vehicles.

A vehicle or combination in violation of any of the requirements of this chapter may not travel upon a highway in this Commonwealth until the vehicle or combination and its metal cargo or logs are brought into conformance with the requirements of this chapter.

The provisions of this § 183.9 adopted September 14, 1979, effective September 15, 1979, 9 Pa.B. 3179.

History

• Authority: The provisions of this Chapter 183 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 183 adopted September 14, 1979, effective September 15, 1979, 9 Pa.

Chapter 185 Axle Weight Table

67 Pa. Code § 185.1 Purpose; authority; application.

(a) Purpose. This chapter is promulgated to provide drivers and owners of vehicles, enforcement personnel and the courts with a table applying the formula in 75 Pa.C.S. § 4943(b)(1) to the various numbers and spacing of axles which are found on combinations.

(b) Authority. This chapter is promulgated under authority of 75 Pa.C.S. § 6103.

(c) Application. This chapter applies to all combinations registered in this Commonwealth or any other state at a weight in excess of 73,280 pounds and having a gross weight in excess of 73,280 pounds.

History

• Authority: The provisions of this Chapter 185 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 185 adopted January 16, 1981, effective January 17, 1981, 11 Pa.

67 Pa. Code § 185.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: External bridge—The distance between the center of the steering axle of the towing vehicle and the center of the last axle of the trailer. Internal bridge—The distance between the center of the second axle of the towing vehicle and the center of the last axle of the trailer.

History

• Authority: The provisions of this Chapter 185 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 185 adopted January 16, 1981, effective January 17, 1981, 11 Pa.

67 Pa. Code § 185.3 Groups of consecutive axles.

Except as provided in § 185.4 (relating to six-axle combinations) no combination registered and having a gross weight in excess of 73,280 pounds shall be driven on a highway with a weight on any group of consecutive axles in excess of the applicable weight shown on the following table:

History

• Authority: The provisions of this Chapter 185 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 185 adopted January 16, 1981, effective January 17, 1981, 11 Pa.

67 Pa. Code § 185.4 Six-axle combinations.

A combination registered in this Commonwealth or any other state at a weight between 79,001 and 80,000 pounds which has six axles, an external bridge measuring 43 feet or more, and an internal bridge measuring 32 feet or more shall be in compliance with the formula in 75 Pa.C.S. § 4943(b)(1) if the tandem axles of the towing vehicle do not exceed 34,000 pounds and the three axles of the trailer do not exceed 42,500 pounds.

This section cited in 67 Pa. Code § 185.3 (relating to groups of consecutive axles).

History

• Authority: The provisions of this Chapter 185 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 185 adopted January 16, 1981, effective January 17, 1981, 11 Pa.

67 Pa. Code § 185.5 Violations.

A combination driven on a highway with a weight on any axle or group of axles in excess of the allowable weight in this chapter is in violation of 75 Pa.C.S. § 4943(b)(1). The violator shall be subject to the appropriate penalty prescribed in 75 Pa.C.S. § 4945(b) for exceeding the maximum axle weights allowed by section 4943.

History

• Authority: The provisions of this Chapter 185 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 185 adopted January 16, 1981, effective January 17, 1981, 11 Pa.

Chapter 187 Movement of Special Vehicles upon State Highways

67 Pa. Code § 187.1 Purpose; authority.

(a) Purpose. It is in the public interest to regulate the use of State highways by special vehicles to facilitate the movement of traffic. This chapter will establish under what conditions special vehicles may travel upon State highways. Nothing contained in this chapter is intended to relax existing safety requirements.

(b) Authority. These regulations are authorized by 75 Pa.C.S. § § 4921 and 6103.

History

• Authority: The provisions of this Chapter 187 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 187 adopted November 28, 1980, effective November 29, 1980, 10 Pa.

67 Pa. Code § 187.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Department—The Department of Transportation of the Commonwealth of Pennsylvania. Freeway—A limited access highway to which the only means of ingress and egress is by interchange ramps. Highway—The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. The term includes a roadway open to the use of the public for vehicular travel on grounds of a college or university or public or private school or public or historical park. Implement of husbandry—A vehicle designed or adapted and determined by the Department to be used exclusively for agricultural operations and only incidentally operated or moved upon highways. Overwidth—The width of any vehicle including the permissible load or loads carried thereon excluding mirrors or sunshades, which exceeds either the general eight foot width limit or the special vehicle width limits specified in section 4921 of the act. Permit—A special hauling permit issued by the Department pursuant to the provisions of Chapter 49, Subchapter D of the Vehicle Code, for the movement of an overlength, overwidth, overheight or overweight vehicle, or combination of vehicles, including the nondivisible load thereon, on State highways other than the Pennsylvania Turnpike. Permit office—Any of the various engineering or maintenance district offices of the Department. Special mobile equipment—Vehicles not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging apparatus, well boring apparatus; earth moving and road construction and maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, snowplows, ditchers, graders, finishing machines, road rollers, scarifiers, earthmoving carryalls, scrapers, power shovels and draglines; and self-propelled cranes and tractors, other than truck tractors. The term does not include house trailers, dump trucks; truck-mounted transit mixers, cranes or shovels; or other vehicles designed for the transportation of persons or property to which machinery has been attached. Special vehicle—An implement of husbandry wider than eight feet but not exceeding 174 inches in width; a vehicle loaded with vegetable produce or forage crops wider than eight feet but not exceeding 120 inches in width; or special mobile equipment wider than eight feet but not exceeding 110 inches in width. Sunrise—The time designated by the National Weather Bureau at which the sun can first be seen on the horizon. Sunset—The time designated by the National Weather Bureau at which the sun can last be seen on the horizon. Vehicle—Every device which is or may be moved or drawn upon a highway, except devices used exclusively upon rails or tracks.

History

• Authority: The provisions of this Chapter 187 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 187 adopted November 28, 1980, effective November 29, 1980, 10 Pa.

67 Pa. Code § 187.3 General conditions.

The following conditions shall apply to special vehicles moving upon State highways:

(1) Movement upon certain highways restricted. Restrictions shall be as follows:

(i) A special vehicle shall not be operated on any freeway without a permit. Issuance of a permit is conditioned upon the ability of the special vehicle to maintain the minimum posted speed limit along a freeway.

(ii) A special vehicle shall not exceed any weight limit posted on a bridge or highway under authority of 75 Pa.C.S. § 4902; however, persons may apply to the Department or local authorities, whichever is responsible for the posting, for a permit to exceed the posted weight. The Department or local authorities may require such undertaking or security as they deem necessary to cover the cost of repairs and restoration necessitated by the movement.

(2) Movement during inclement weather prohibited. A special vehicle shall not be operated on any State highway during unfavorable weather or road conditions. For the purpose of this chapter, unfavorable weather or road conditions shall include:

(i) Snow covered highways or shoulders.

(ii) Icy pavement, until the highway has been cindered or salted.

(iii) Driving rain, fog, snow storm, or other atmospheric conditions which restrict visibility to less than 1,000 feet.

(3) Movement during certain holiday periods prohibited. A special vehicle shall not be operated on any State highway during the following holidays, except in an emergency requiring immediate movement for protection of life or property:

(i) New Year’s Day—January 1.

(ii) Memorial Day—last Monday in May.

(iii) Independence Day—July 4.

(iv) Labor Day—first Monday in September.

(v) Thanksgiving Day—fourth Thursday in November.

(vi) Christmas Day—December 25.

(4) Movement during certain hours prohibited. Movement during certain hours shall be prohibited as follows:

(i) A special vehicle shall not be operated on any State highway from sunset to sunrise under any circumstances.

(ii) A special vehicle shall not be operated on any State highway in an urbanized area from 7:30 a.m. to 9 a.m. nor from 4 p.m. to 7 p.m. Urbanized area maps are available at Department permit offices.

(5) Other requirements. A special vehicle shall comply with all applicable requirements of the Vehicle Code and this title, including, but not limited to, 75 Pa.C.S. § 4529 (relating to slow moving vehicle emblem); 75 Pa.C.S. § 4303 and § 175.122 (relating to general requirements); 75 Pa.C.S. § 4502 and § 175.62 (relating to general requirements for braking systems); and 75 Pa.C.S. § 4921 (relating to limitations on operation of special vehicles).

History

• Authority: The provisions of this Chapter 187 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 187 adopted November 28, 1980, effective November 29, 1980, 10 Pa.

67 Pa. Code § 187.4 Permit requirements.

(a) When permit required. A permit shall be required for the movement of a special vehicle on a State highway whenever the special vehicle or its operation does not comply with the restrictions contained in 75 Pa.C.S. § 4921(b) (relating to limitations on operation of special vehicles). A permit shall be required for:

(1) A special vehicle which exceeds the applicable width limitation specified in 75 Pa.C.S. § 4921(b) that is:

(i) A truck exceeding 8 feet in width, unless loaded with vegetable produce or forage crops.

(ii) An implement of husbandry that is either:

(A) Exceeding 8 feet in width, unless loaded with vegetable produce or forage crops.

(B) Exceeding 10 feet, except when being driven, hauled or towed between either:

(I) Parts of one farm owned or operated by the owner of the implement of husbandry.

(II) Farms owned or operated by the owner of the implement of husbandry located not more than 25 miles apart.

(III) Farms, or a farm and a place of business of a mechanic or dealer in implements of husbandry, located not more than 50 miles apart for the purpose of buying, selling, trading, loaning and leasing, demonstrating, repairing or servicing the implement of husbandry.

(C) Exceeding 14 feet, 6 inches in width.

(iii) Special mobile equipment exceeding 9 feet, 2 inches, in width.

(2) A special vehicle driven, hauled, or towed on a freeway.

(b) Securing permits. Procedures for securing permits are outlined in Chapter 179 (relating to oversize and overweight loads and vehicles), a copy of which is available from any permit office.

History

• Authority: The provisions of this Chapter 187 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 187 adopted November 28, 1980, effective November 29, 1980, 10 Pa.

67 Pa. Code § 187.5 Enforcement.

Any violation of this chapter shall constitute grounds for imposition of any fines, imprisonment, and other penalties provided by law.

History

• Authority: The provisions of this Chapter 187 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 187 adopted November 28, 1980, effective November 29, 1980, 10 Pa.

Chapter 189 Hauling in Excess of Posted Weight Limit

67 Pa. Code § 189.1 Scope; authority.

(a) This chapter regulates the use of highways posted with weight restrictions authorized under 75 Pa.C.S. § 4902 by vehicles and combinations having a gross weight in excess of the posted weight limit, and applies to both State highways and highways under the jurisdiction of local authorities.

(b) This chapter is promulgated under authority of 75 Pa.C.S. § § 4902 and 6103.

(c) The provisions of this chapter apply to bridges located on posted highways but do not apply to bridges posted independently of highways.

History

• Authority: The provisions of this Chapter 189 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 189 adopted March 27, 1981, effective March 28, 1981, 11 Pa.

67 Pa. Code § 189.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Excess maintenance—Maintenance or restoration or both (but not betterment) of a posted highway in excess of normal maintenance, caused by use of over-posted-weight vehicles. Local traffic—The following shall be regarded as local traffic for the purposes of § 189.3 (relating to local traffic):

(1) Emergency vehicles.

(2) School buses.

(3) Vehicles and combinations of governmental agencies and utilities or their contractors engaged in construction or maintenance on a posted highway or in a location which can be reached only via a posted highway.

(4) Vehicles and combinations going to or coming from a residence, commercial establishment, or farm located on a posted highway or which can be reached only via a posted highway. Normal maintenance—The usual and typical activities necessary to maintain the roadway, shoulders and drainage facilities in the state of repair existing at the date of the inspection prescribed in § 189.4(f)(1) (relating to use under permit). Over-posted-weight vehicle—A vehicle or combination having a gross weight in excess of a posted weight limit. Posted highway—A highway having a posted weight limit. Posted weight limit—A restricted weight limit posted on a highway under authority of 75 Pa.C.S. § 4902. Posting authority—The Department, as to State designated highways and local authorities, as to all other streets and highways.

This section cited in 67 Pa. Code § 190.3 (relating to local traffic and Letters of Local Determination).

History

• Authority: The provisions of this Chapter 189 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 189 adopted March 27, 1981, effective March 28, 1981, 11 Pa.

67 Pa. Code § 189.3 Local traffic.

(a) General rule. Over-posted-weight local traffic may exceed posted weight limits unless the posting authority determines that an over-posted-weight vehicle or vehicles being driven to or from a particular destination or destinations are likely to damage the highway.

(b) Vehicles determined likely to damage highway. If the posting authority determines that one or more over-posted-weight vehicles are likely to damage the highway, the posting authority will so notify the registrants of the over-posted-weight vehicles or owners of the destination or destinations, or both, and will also notify State and local police. After 2 business days following delivery of the notice, or after 5 days following mailing of the notice, such over-posted-weight vehicles shall not exceed the posted weight limits except in accordance with the provisions of § 189.4 (relating to use under permit).

(c) Proof of local traffic status. The following types of documents will constitute evidence that a vehicle is local traffic:

(1) A bill of lading, shipping order or similar document which shows a destination on the posted highway.

(2) Certification by the permittee or an official of a permittee company on the company letterhead describing the local traffic nature of the activity which the vehicle is engaged in.

This section cited in 67 Pa. Code § 189.2 (relating to definitions); 67 Pa. Code § 189.4 (relating to use under permit); 67 Pa. Code § 190.3 (relating to local traffic and Letters of Local Determination); 67 Pa. Code § 190.4 (relating to use of Letters of Local Determination); and 67 Pa. Code § 190.5 (relating to revocation of Letter of Local Determination).

History

• Authority: The provisions of this Chapter 189 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 189 adopted March 27, 1981, effective March 28, 1981, 11 Pa.

67 Pa. Code § 189.4 Use under permit.

(a) General rule. No over-posted-weight vehicle, except local traffic authorized under § 189.3(a) (relating to local traffic), shall be driven on a posted highway with a gross weight in excess of the posted weight limit unless the posting authority has issued a permit for the vehicle or vehicles in accordance with this section.

(b) Types of permits. Types of permits shall include the following:

(1) A Type 1 permit authorizes use of a particular posted highway or portion thereof by an over-posted-weight vehicle. It is valid only when carried in the over-posted-weight vehicle.

(2) A Type 2 permit authorizes use of a particular posted highway or portion thereof by any number of over-posted-weight vehicles being driven to or from a common destination.

(i) Documents of the type set forth in § 189.3(c) (relating to local traffic) will constitute evidence of the destination of a vehicle.

(ii) A Type 2 permit will be issued only upon request of the permittee and if the posting authority determines that it is not feasible to issue a Type 1 permit for each vehicle, for example, most over-posted-weight vehicles hauling to and from the place of business of the permittee belong to or are hauling under contract with customers or suppliers of the permittee.

(3) A Type 3 permit authorizes use of a number of specified posted highways or portions thereof by an over-posted-weight vehicle.

(i) A Type 3 permit is valid only when carried in the over-posted-weight vehicle.

(ii) A Type 3 permit is issued only if the posting authority determines that damage to the posted highway covered by the permit will be minimal because of the limited number of moves by over-posted-weight vehicles and short term use of the highways anticipated by the permittee.

(c) Excess maintenance agreement. Issuance of a permit to exceed a posted weight limit or limits will be conditioned on the agreement by the permittee to accept financial responsibility for excess maintenance of the posted highway or portion thereof to be used by the permittee. The agreement may provide for the work to be performed by the posting authority or its contractor or by the permittee or its contractor, except that in the case of a self-bonded agreement, the Department will require that all work be performed by the permittee or its contractor.

(d) Security. Except as provided in paragraph (4), the permittee shall be required to provide security in favor of the posting authority to assure compliance with the maintenance-reconstruction agreement.

(1) Amount of security. Amount of security shall be as follows:

(i) Type 1 and Type 2 permits. Type 1 and Type 2 permits shall include:

(A) $6,000 per linear mile for unpaved highways to be maintained at a level consistent with the type of highway.

(B) $12,500 per linear mile for paved highways to be maintained at a level consistent with the type of highway.

(C) $50,000 per linear mile for any highway which the posting authority allows to be maintained below a level consistent with the type of highway.

(ii) Type 3 permits. $10,000 for each county or municipality covered by the permit.

(iii) Schedule of bonding amounts. The Department will from time to time, but not more often than annually, publish a revised schedule of bonding amounts based on increased or decreased maintenance costs.

(2) Form of security. The security may be in the form of a performance bond with surety by a company authorized to do business in the Commonwealth; or, at the option of the permittee, in the form of a certified or cashier’s check, bank account, or irrevocable letter of credit in favor of the posting authority; or in some other form of security acceptable to the posting authority.

(3) Additional security. When the amount of damage in excess of normal maintenance to a posted highway is estimated by the posting authority to constitute 75% or more of the amount of the security, the posting authority may require the highway to be maintained or reconstructed within 30 days unless the permittee agrees to provide such additional security as the posting authority shall determine.

(4) Self-bonding. The posting authority may authorize self-bonding if it determines, on the basis of the financial ability of the permittee, that it is unlikely that the posting authority will be unable to collect a judgment rendered against the permittee for failure to comply with the maintenance agreement.

(i) The posting authority may require corporate officers and stockholders and their spouses to execute a self-bond, if the financial ability of a corporation is insufficient in itself to justify self-bonding.

(ii) The posting authority may require the permittee to execute liens on real or personal property, or both, as a condition for authorizing self-bonding.

(iii) In order to be considered for self-bonding by the Department, a permittee shall file Contractor’s Financial Statement, Department Form CS 4300, Part 1. The financial statement shall be updated annually, and within 30 days of any Department request for an update.

(e) Multiple permittees. Multiple permittees shall conform with the following:

(1) Agreement to share excess maintenance responsibility. If two or more persons wish to obtain Type 1 or Type 2 permits to operate over-posted-weight vehicles on the same posted highway or portion thereof, they may agree among themselves as to their relative responsibility for the cost of excess maintenance and the posting authority will enter into agreements and accept security on the basis of the agreed shares.

(2) Determination by posting authority. If multiple applicants for Type 1 or Type 2 permits cannot agree on their relative responsibility, the posting authority will determine their relative shares, and will enter into agreements with and accept security from any person agreeing to such determination.

(3) Subsequent permit applicants. Paragraphs (1) and (2) shall apply even if one or more persons have already entered into a Type 1 or Type 2 permit agreement and posted security when another person expresses the desire to obtain a Type 1 or Type 2 permit to operate over-posted-weight vehicles on the same posted highway.

(f) Determination of highway condition. Determination of highway condition shall consist of the following:

(1) Inspection. Representatives of the posting authority and of the permittee or permittees will make an onsite inspection of the posted highway immediately before issuance of each permit in order to determine its condition.

(2) Reinspection. The posted highway will be reinspected:

(i) Upon issuance of any new permit.

(ii) From time to time as the posting authority determines repairs may be required.

(iii) Upon termination of any permit, in order to determine the amount of damage for which the permittee or permittees are responsible.

(3) Type 3 permits. Before and after using a Type 3 permit on any posted highway specified in the permit, the representatives of the permittee and the posting authority will make an onsite inspection to determine the relative condition of the highway before and after the use and to assess any excess maintenance caused by the permittee.

(4) Notification of inspections and reinspections. All Type 1 and Type 2 permittees on a posted highway or portion thereof will be notified of all inspections and reinspections on the highway or portion, and may participate in the inspections and reinspections.

(5) Inspection costs. The inspection costs of the posting authority shall be paid by the permittee or permittees. Inspection costs related to a county wide or municipality wide—Type 3—permit will be paid solely by the Type 3 permittee.

(g) Administrative fee. The Department will charge a $15 administrative fee for issuance of each Type 3 permit. Local authorities may charge an administrative fee of no more than $15 for issuance of each Type 3 permit.

This section cited in 67 Pa. Code § 189.2 (relating to definitions); and 67 Pa. Code § 189.3 (relating to local traffic).

History

• Authority: The provisions of this Chapter 189 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 189 adopted March 27, 1981, effective March 28, 1981, 11 Pa.

Chapter 190 Letter of Local Determination—Statement of Policy

67 Pa. Code § 190.1 Purpose.

(a) This chapter is adopted under section 7 of Act 13 and section 33 of the act of November 25, 2013 (P. L. 974, No. 89) (75 Pa.C.S. § 4902 (relating to restrictions on use of highways and bridges)). The purpose of this chapter is to provide guidance for the implementation of a program to provide Letters of Local Determination identifying particular vehicles, routes or uses as local in nature to provide exemption from the requirements of Chapter 189 (relating to hauling in excess of posted weight limit).

(b) This chapter only applies to Chapter 189 and does not apply to roads and bridges posted under Chapters 191 and 193 (relating to authorization to use bridges posted due to condition of bridge; and authorization to use highways posted due to traffic conditions).

(c) The policies and procedures in this chapter are intended to supplement existing requirements. Nothing in this chapter will affect regulatory requirements. This chapter is not an adjudication or a regulation. This chapter establishes the framework within which the Department will exercise its administrative discretion. The Department reserves the discretion to deviate from this chapter if circumstances warrant.

(d) Letters of Local Determination do not apply to local authorities unless the local authority elects to enact an ordinance adopting the policies and procedures as such.

The provisions of this § 190.1 amended under section 7 of the act of February 14, 2012 (P. L. 87, No. 13), the act of November 25, 2013 (P. L. 974, No. 89) and the Vehicle Code, 75 Pa.C.S. § § 4902 and 6103.

The provisions of this § 190.1 amended December 4, 2015, effective December 5, 2015, 45 Pa.B. 6886. Immediately preceding text appears at serial page (361459).

History

• Authority: The provisions of this Chapter 190 issued under section 7 of the act of February 14, 2012 (P.
• Source: The provisions of this Chapter 190 adopted May 11, 2012, effective May 12, 2012, 42 Pa.

67 Pa. Code § 190.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act 13—The act of February 14, 2012 (P. L. 87, No. 13). At-risk industry sector—Industry sectors defined by the Department of Labor and Industry as having experienced a 20% or more decline in Statewide employment between March 2002 and March 2011 and additional industry sectors that the Department determines, in consultation with the Department of Labor and Industry, to show evidence of economic decline. Commercial establishment—A place including the rooms, buildings and interior or exterior places where commodities or services are exchanged, bought or sold. Commercial site—The location of a commercial establishment. Department—The Department of Transportation of the Commonwealth. Develop—The processes associated with conventional and unconventional oil and gas development. Extract—The processes associated with gathering or removal of minerals, wind and other natural resources from the air, surface or subsurface, including, but not limited to, coal, stone, water and related site preparation, construction and onsite stockpiling. Harvest—The processes associated with the cutting, gathering, stacking or removal of timber and other similar natural resources for future use, whether cultivated or wild, including, but not limited to, site excavation, grading and construction activities. Industry sector—A sector included in the North American Industry Classification System. Natural resource—

(i) Material from nature having potential economic value including, but not limited to, timber, minerals, oil, gas, wind and water.

(ii) The term does not include trees grown specifically for use in landscaping or as Christmas trees, or food crops, animals or animal products intended for human or animal consumption such as corn, wheat and milk. Permanent coal reprocessing or preparation plant—

(i) One or more permanent facilities located adjacently on a single roadway where coal is delivered directly from the natural resource extraction site and is subjected to chemical or physical processing or cleaning, concentrating, or other processing or preparation. Stockpile or storage facilities located on the same posted highway as the processing facility may be included.

(ii) The term does not include ancillary facilities located separately from the initial processing facility site or at the coal extraction site. Permanent forest product processing mill—

(i) One or more permanent facilities located adjacently on a single roadway where logs, pulpwood, wood chips or other forest products are delivered directly from the natural resource harvest site to undergo processing. Processing includes bark removal, sawing, resawing, slicing, chipping, pelletizing, edging, trimming, planing or machining.

(ii) The term includes log stockpile facilities.

(iii) The term does not include log landing sites or portable sawmills unless the portable sawmill has become permanently affixed to the real estate. Unconventional oil and gas development—

(i) The activities associated with unconventional oil or gas well construction including site preparation and reclamation, drilling, completion and pipeline construction on oil and gas gathering pipelines, not including transmission and distribution pipelines.

(ii) The term shall be read consistently with ‘‘unconventional formation’’ and ‘‘unconventional gas well’’ as defined in Act 13.

(iii) The terms ‘‘gathering,’’ ‘‘transmission’’ and ‘‘distribution pipelines’’ shall be read consistently with the definitions of those terms in the Federal pipeline safety regulations of the United States Department of Transportation, Pipeline and Hazardous Materials Safety Administration in 49 CFR 192.3 (relating to definitions).

The provisions of this § 190.2 amended under section 7 of the act of February 14, 2012 (P. L. 87, No. 13), the act of November 25, 2013 (P. L. 974, No. 89) and the Vehicle Code, 75 Pa.C.S. § § 4902 and 6103.

The provisions of this § 190.2 amended December 4, 2015, effective December 5, 2015, 45 Pa.B. 6886. Immediately preceding text appears at serial pages (361459) to (361460).

History

• Authority: The provisions of this Chapter 190 issued under section 7 of the act of February 14, 2012 (P.
• Source: The provisions of this Chapter 190 adopted May 11, 2012, effective May 12, 2012, 42 Pa.

67 Pa. Code § 190.3 Local traffic and Letters of Local Determination.

(a) Self certification as local traffic. A hauling activity, but not hauling activity related to natural resource development, harvesting or extraction, going to or coming from a site, may be self-certified as local traffic if it meets the definition of ‘‘local traffic’’ in § 189.2 (relating to definitions), the provisions of § 189.3(c) (relating to local traffic) or as specifically provided in 75 Pa.C.S. § 4902 (relating to restrictions on use of highways and bridges).

(1) An application to the Department or Letter of Local Determination is not necessary.

(2) If a completed application for a Letter of Local Determination is submitted by the hauler, the Department may, at its discretion, issue a Letter of Local Determination.

(3) Timber and coal local traffic routes are limited to only delivery or pickup of:

(i) Logs and other forest products on one or more posted highways required to travel to or from a permanent forest product processing mill to or from the nearest nonposted highway by the most direct route possible.

(ii) Coal on those posted roads required to travel to or from a permanent coal reprocessing and preparation plant to or from the nearest nonposted highway by the most direct route possible. Hauling in excess of a posted weight limit related to delivery or pickup of coal to or from permanent coal reprocessing and preparation plants may qualify as local only when the permanent coal reprocessing and preparation plant is not on the same posted highway as a site at which coal is extracted.

(b) Criteria for local determination. A hauling activity may qualify for a Letter of Local Determination under the following circumstances:

(1) At-risk industry sector.

(i) Hauling in excess of a posted weight limit related to an at-risk industry as defined in Act 13 will qualify as local:

(A) On highways bonded by unconventional oil and gas development companies.

(B) Upon submission of a completed application for a Letter of Local Determination.

(C) Provided that existing excess maintenance agreements and permits held by the requesting hauler for the requested highways are closed out in accordance with the terms of the excess maintenance agreement. The excess maintenance agreement and permits will not be closed out until repairs and final inspections are completed.

(ii) Hauling in excess of a posted weight limit related to an at-risk industry as defined in Act 13 which is not for highways bonded by unconventional oil and gas development companies may, at the Department’s discretion, qualify as local upon the submission and review of a completed application for a Letter of Local Determination in accordance with subsection (d).

(2) De minimis operations. Hauling activity may qualify as local if all of the following apply:

(i) It cannot be self-certified under subsection (a).

(ii) It is not related to an at-risk industry as defined in Act 13.

(iii) The Department, upon the submission and review of a completed application for a Letter of Local Determination, determines the scale of hauling activity and nature of the business is not likely to cause damage to the highway requested in the application based on all of the following:

(A) The type and amount of hauling activity.

(B) The structure of the requested highway.

(C) The availability and suitability of alternate highways in the region.

(3) Unconventional oil and gas industry.

(i) Hauling related to unconventional oil and gas development as defined in this chapter does not qualify for a Letter of Local Determination.

(ii) Hauling related to unconventional oil and gas industries may qualify for a Letter of Local Determination if, upon the submission and review of a completed application, the Department determines that:

(A) The hauling is not related to unconventional oil and gas development.

(B) The scale of the hauling activity is not likely to cause damage to the highway specified in the application based on the structure of the requested highway and the availability and suitability of alternate highways in the region.

(c) Application for Letter of Local Determination. A completed application for a Letter of Local Determination must contain the following information:

(1) The type of business and industry sector code.

(2) The type and weight of vehicle.

(3) A list of the roads (State highways by segments and offsets or intersecting roads) to be used on the hauling highway.

(4) The number and frequency of trips per day, week and month.

(5) The time of year and dates and duration of expected hauling.

(6) Other evidence showing that the hauler is engaged in hauling for an at-risk industry for the duration of the hauling.

(7) Other information the Department may require.

(d) Review of application for Letter of Local Determination.

(1) In reviewing an application for a Letter of Local Determination, the Department may consider various factors including the following:

(i) Protection of the integrity of the Commonwealth’s highways.

(ii) The existing pavement strength, including the condition, thickness and age.

(iii) The existing average daily truck traffic.

(iv) The number and type of expected additional over-posted-weight vehicles.

(v) The impact of the freeze-thaw cycle, including whether hauling activities are planned during the calendar period between approximately February 15th and April 15th during which times the temperature results in changes (weakening) to the structural strength of the road surface.

(vi) The total expected loading and historical roadway performance.

(2) The Department will determine and acknowledge receipt of the application as administratively complete if it contains the necessary information and documents. If the application is not administratively complete, the Department will return it to the applicant along with a written statement of the specific information or documents required for administrative completeness. Returned applications will be deemed denied if not resubmitted within 15 days.

(3) The Department will only evaluate the hauler’s proposed highways based on the available State highway network. Weight-restricted municipal highways will not be evaluated by the Department. If the hauler’s proposed highway includes a weight-restricted municipal highway, the hauler shall contact the proper local authority for permission to utilize that weight-restricted highway.

(e) Issuance of a Letter of Local Determination.

(1) The scope of a Letter of Local Determination will be based on the vehicles, highways and uses identified in the application.

(2) The Department may restrict the operation of vehicles and hauling for which a Letter of Local Determination is issued by time of day, date, location or use. Restrictions will be specified in the Letter of Local Determination.

(3) The term of a Letter of Local Determination will not be longer than 12 months from the date of issuance.

(4) Existing bonded permits held by the requesting hauler for the requested highway must be closed out in accordance with the terms of the excess maintenance agreement. The bonded permits will not be closed out until repairs and final inspections are completed. Letters of Local Determination are not valid during the freeze-thaw period. If desired, an excess maintenance agreement and or a security bond may be retained for issuance of a bonded permit during freeze-thaw periods or other restriction period.

The provisions of this § 190.3 amended under section 7 of the act of February 14, 2012 (P. L. 87, No. 13), the act of November 25, 2013 (P. L. 974, No. 89) and the Vehicle Code, 75 Pa.C.S. § § 4902 and 6103.

The provisions of this § 190.3 amended December 4, 2015, effective December 5, 2015, 45 Pa.B. 6886. Immediately preceding text appears at serial pages (361460) to (361462).

This section cited in 67 Pa. Code § 190.5 (relating to revocation of Letter of Local Determination).

History

• Authority: The provisions of this Chapter 190 issued under section 7 of the act of February 14, 2012 (P.
• Source: The provisions of this Chapter 190 adopted May 11, 2012, effective May 12, 2012, 42 Pa.

67 Pa. Code § 190.4 Use of Letters of Local Determination.

A Letter of Local Determination, proof of ownership or authorized use of the vehicle, evidence under § 189.3(c) (relating to local traffic) and additional documents required by the Department must be carried in the vehicle at all times while traveling on the weight-restricted highways identified within the Letter of Local Determination.

History

• Authority: The provisions of this Chapter 190 issued under section 7 of the act of February 14, 2012 (P.
• Source: The provisions of this Chapter 190 adopted May 11, 2012, effective May 12, 2012, 42 Pa.

67 Pa. Code § 190.5 Revocation of Letter of Local Determination.

(a) If the Department determines that over-posted-weight vehicle or hauling activity for which a Letter of Local Determination has been issued is likely to or has caused damage to a posted highway, the Department may revoke the Letter of Local Determination in a manner consistent with § 189.3(b) (relating to local traffic).

(b) A Letter of Local Determination issued under § 190.3(b)(1)(i) (relating to local traffic and Letters of Local Determination) will be revoked if the bonding of a road by unconventional oil and gas development companies specified in the Letter of Local Determination terminates. This subsection does not prohibit the hauler from applying for a subsequent Letter of Local Determination under § 190.3(b)(1)(ii) or (2).

(c) A hauler who has had a Letter of Local Determination revoked may apply for a permit under Chapter 189 (relating to hauling in excess of posted weight limit).

History

• Authority: The provisions of this Chapter 190 issued under section 7 of the act of February 14, 2012 (P.
• Source: The provisions of this Chapter 190 adopted May 11, 2012, effective May 12, 2012, 42 Pa.

Chapter 191 Authorization to Use Bridges Posted Due to Condition of Bridge

67 Pa. Code § 191.1 Purpose and authority.

(a) Purpose. This chapter regulates the use of bridges posted under 75 Pa.C.S. § 4902(a) (relating to restrictions on use of highways and bridges) by vehicles or combinations having a gross weight in excess of the posted weight limit or a physical dimension in excess of the posted size restriction.

(b) Authority. This chapter is promulgated under authority of 75 Pa.C.S. § § 4902(c) and (f) (relating to restrictions on use of highways and bridges), and 6103 (relating to promulgation of rules and regulations by department) and shall apply to all bridges posted under authority of section 4902(a).

History

• Authority: The provisions of this Chapter 191 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 191 adopted August 20, 1982, effective August 21, 1982, 12 Pa.

67 Pa. Code § 191.2 Definitions.

Words and terms used in this chapter, shall have the same meanings as they have in 75 Pa.C.S. (relating to Vehicle Code), except the following words and terms shall have the meanings indicated: Local authorities—State agencies other than the Department, and county, municipal, and other boards or bodies having authority to enact restrictions relating to traffic; the term shall include colleges, universities, public or private schools, and public or historical parks. Over-posted-size vehicle or combination—A vehicle or combination including its load with a physical dimension—such as length, width, height, turning radius, or vehicle underclearance—in excess or in violation of a posted bridge size restriction. Over-posted-weight vehicle or combination—A vehicle or combination having a gross weight in excess of a posted bridge weight limit. Posted bridge—A bridge which has signs erected in accordance with 75 Pa.C.S. § 4902 (relating to restrictions on use of highways and bridges), indicating the maximum weight or size of vehicles or combinations that are permitted on or under the bridge. Posting authority—The Department as to bridges on State-designated highways and local authorities as to all other posted bridges.

History

• Authority: The provisions of this Chapter 191 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 191 adopted August 20, 1982, effective August 21, 1982, 12 Pa.

67 Pa. Code § 191.3 Permitted use of posted bridges.

(a) General rule. The posting authority may permit an over-posted-weight or over-posted-size vehicle or combination to use a bridge posted under 75 Pa.C.S. § 4902(a) (relating to restrictions on use of highways and bridges) if it determines that:

(1) for all practical purposes, the vehicle or combination can reach its destination only via the posted bridge; and

(2) analysis of the number of axles, axle weights, distance between axles, height, width and other data indicates that the vehicle or combination will not have a detrimental effect on the bridge.

(b) Number of trips. The permit may authorize a single trip, a limited number of trips during a 12-month period, or an unlimited number of trips during a period not to exceed three months.

(c) Liability. The permittee shall be liable for any damage to the bridge as well as any personal injury or property damage and shall provide such insurance or security as the posting authority may require to guarantee payment of any damage to the bridge or to persons and property who or which may be injured as a result of the permitted use.

(d) Restrictions. When permitting use of a posted bridge, the posting authority may stipulate one or more restrictions, including, but not limited to, the following:

(1) Maximum speed.

(2) Minimum number or spacing of axles or both.

(3) Maximum axle weight.

(4) Specific travel path.

(5) Minimum spacing or maximum number of vehicles or combinations on the bridge.

(6) Traffic control persons to regulate and control other traffic.

(7) Persons to guide the vehicle to insure proper alignment.

(e) Possession of permit. The permit authorizing an over-posted-weight or over-posted-size vehicle or combination to use a posted bridge is valid only when carried in the vehicle or combination and all restrictions on the permit are satisfied.

History

• Authority: The provisions of this Chapter 191 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 191 adopted August 20, 1982, effective August 21, 1982, 12 Pa.

67 Pa. Code § 191.4 Application procedure and administrative fees.

(a) Application procedure. All inquiries regarding the issuance of permits discussed in this chapter should be made to the appropriate Engineering District Office as indicated in Appendix A for bridges on State-designated highways, and to the appropriate local authorities for all other bridges. A separate application shall be required for each posted bridge and for each vehicle or combination.

(b) Administrative fees. An administrative fee will be charged for the issuance of each permit discussed in this chapter and a check for the applicable fee shall be included with the application. For bridges on State-designated highways, the fee shall be $15 for a single trip—once in each direction—or $50 for a limited number of trips during a 12-month period or an unlimited number of trips during a period not to exceed three months. Fees for permits to use bridges under the jurisdiction of local authorities shall not be greater than those charged by the Department.

History

• Authority: The provisions of this Chapter 191 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 191 adopted August 20, 1982, effective August 21, 1982, 12 Pa.

Chapter 193 Authorization to Use Highways Posted Due to Traffic Conditions

67 Pa. Code § 193.1 Purpose and authority.

(a) Purpose. This chapter regulates the use of highways posted under 75 Pa.C.S. § 4902(b) (relating to restrictions on use of highways and bridges) by vehicles or combinations having a gross weight in excess of the posted weight limit or a physical dimension in excess of the posted size restriction.

(b) Authority. This chapter is promulgated under authority of 75 Pa.C.S. § § 4902(c) and (f) (relating to restrictions on use of highways and bridges), and 6103 (relating to promulgation of rules and regulations by department) and shall apply to all highways posted under authority of 75 Pa.C.S. § 4902(b).

History

• Authority: The provisions of this Chapter 193 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 193 adopted August 20, 1982, effective August 21, 1982, 12 Pa.

67 Pa. Code § 193.2 Definitions.

Words and terms used in this chapter shall have the same meanings as they have in 75 Pa.C.S. (relating to vehicle code), except the following words and terms have the meanings indicated: Exempt vehicles—The following vehicles are exempt vehicles:

(i) Emergency vehicles.

(ii) School buses operating on regular routes.

(iii) Vehicles and combinations of governmental agencies and utilities or their contractors engaged in construction, maintenance or utility operations on or along a posted highway or in a location which can be reached only by a posted highway. Local authorities—State agencies other than the Department, and county, municipal, and other boards or bodies having authority to enact restrictions relating to traffic; the term includes colleges, universities, public or private schools, and public or historical parks. Local traffic—Vehicles and combinations going to or coming from a residence, commercial or industrial establishment, or farm located on or within the immediate vicinity of a posted highway or which can only be reached by a posted highway. Over-posted-size vehicle or combination—A vehicle or combination including its load with a physical dimension—such as length, width, height, turning radius or vehicle underclearance—in excess or in violation of the posted highway size restriction. Over-posted-weight vehicle or combination—A vehicle or combination having a gross weight in excess of the posted highway weight restriction. Pilot car—A convoying vehicle provided by the permittee in order to warn the traveling public of an over-posted-weight or over-posted-size vehicle or combination, which may be slow moving or travelling in other than the normal traffic lane. Posted highway—A highway which has signs erected in accordance with 75 Pa.C.S. § 4902 (relating to restrictions on use of highways and bridges), indicating the maximum weight or size of vehicles or combinations that are permitted on the highway. The term includes bridges on the posted highway unless specifically exempted by the posting authority. Posting authority—The Department as to State-designated highways, and local authorities as to other posted highways.

History

• Authority: The provisions of this Chapter 193 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 193 adopted August 20, 1982, effective August 21, 1982, 12 Pa.

67 Pa. Code § 193.3 Permitted use of posted highways.

(a) General rule. The posting authority may permit over-posted-weight or over-posted-size local traffic to use a highway posted under 75 Pa.C.S. § 4902(b) (relating to restrictions on use of highways and bridges) if it determines that the vehicle or combination is unlikely to create a hazard due to the driver’s thorough knowledge of the hazardous traffic conditions or other safety factors which are the basis for the restriction.

(b) Number of trips. The permit may authorize a single trip, or an unlimited number of trips during a 12-month period.

(c) Liability. The permittee shall be liable for damage to the posted highway as well as personal injury or property damage, and shall provide the insurance or security the posting authority may require to guarantee payment of any damage to persons and property who or which may be injured as a result of the permitted use.

(d) Restrictions. When permitting use of a posted highway, the posting authority may stipulate one or more restrictions including, but not limited to, the following:

(1) Special vehicle stopping locations.

(2) Maximum speed or special gearing, or both.

(3) Special inspection of brakes, tires, steering mechanism and coupling devices.

(4) One or more pilot cars.

(5) The use of traffic control persons to regulate and control other traffic.

(6) Specific days of the week, days of the year or time of day when approval is not authorized.

(e) Possession of permit. The permit authorizing an over-posted-weight or over-posted-size vehicle or combination to use a posted highway is valid only when carried in the vehicle or combination and the restrictions on the permit are satisfied.

(f) Exempt vehicles. Exempt vehicles may exceed weight and size restrictions posted under 75 Pa.C.S. § 4902(b) on a highway without a permit unless the posting authority notifies the owner, lessee or registrant of the vehicle to the contrary.

History

• Authority: The provisions of this Chapter 193 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 193 adopted August 20, 1982, effective August 21, 1982, 12 Pa.

67 Pa. Code § 193.4 Application procedure and administrative fees.

(a) Application procedure. All inquiries regarding the issuance of permits discussed in this chapter should be made to the appropriate Engineering District Office for State-designated highways as indicated in Appendix A to Chapter 191 (relating to authorization to use bridges posted due to condition of bridge) and to the appropriate local authorities for other highways. A separate application shall be required for each posted highway section and for each vehicle or combination.

(b) Administrative fee. An administrative fee will be charged for the issuance of each permit discussed in this chapter and a check for the applicable fee shall be included with the application. For State-designated highways, the fee shall be $15 for a single trip—once in each direction—or $50 for an unlimited number of trips during a 12-month period. Fees for permits to use highways under the jurisdiction of local authorities may not be greater than those charged by the Department.

History

• Authority: The provisions of this Chapter 193 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 193 adopted August 20, 1982, effective August 21, 1982, 12 Pa.

Chapter 195 Tow Truck Identification Signs

67 Pa. Code § 195.1 Purpose; authority.

(a) Purpose. The purpose of this chapter is to establish standards for the identifying signs required to be placed on both sides of commercial wreckers by 75 Pa.C.S. § 4573 (relating to identification of certain vehicles).

(b) Authority. This chapter is authorized under 75 Pa.C.S. § 6103(a) (relating to promulgation of rules and regulations by department).

History

• Authority: The provisions of this Chapter 195 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 195 adopted July 31, 1981, effective August 1, 1981, 11 Pa.

67 Pa. Code § 195.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Wrecker—A motor vehicle designed or constructed and used for the towing of abandoned or disabled vehicles.

History

• Authority: The provisions of this Chapter 195 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 195 adopted July 31, 1981, effective August 1, 1981, 11 Pa.

67 Pa. Code § 195.3 Sign standards.

(a) General rule. A wrecker used commercially to tow motor vehicles shall have the name of the business or person operating the wrecker designated on each side of the wrecker in a prominent location in letters not less than 3 inches high. The name may be printed on the wrecker or may be contained on signs affixed to the wrecker.

(b) Exception. The signs on a wrecker having otherwise acceptable signs on August 1, 1981 may have letters less than 3 inches, but at least 2 inches high.

History

• Authority: The provisions of this Chapter 195 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 195 adopted July 31, 1981, effective August 1, 1981, 11 Pa.

Chapter 202 Application and Review Process for Pedalcycles on State-Designated Freeways—Statement of Policy

67 Pa. Code § 202.1 Exception to prohibition.

Under 75 Pa.C.S. § 3511(a) (relating to pedacycles prohibited on freeways), a person may not operate or ride a pedalcycle on a freeway within this Commonwealth. A pedalcycle is a vehicle that is propelled solely by human-powered pedals. However, 75 Pa.C.S. § 3511(b) does permit pedalcycle operation for processions or events of National, State or regional interest and for operation by a pedalcycler who is 16 years of age or older or is accompanied by a pedalcycler 18 years of age or older on routes for which the Department of Transportation determines there is no safe, reasonable alternate route.

History

• Authority: The provisions of this Chapter 202 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 202 adopted April 5, 1996, effective April 6, 1996, 26 Pa.

67 Pa. Code § 202.2 Permit application review process.

(a) A permit for pedalcycle operation on a freeway under State jurisdiction shall comply with the following application review process:

(1) The applicant shall provide, on a form provided by the Department of Transportation (Department), the following information:

(i) A description of the proposed route, referenced by interchange names or numbers, or both. State route and section numbers, obtainable from a district office, may also be used.

(ii) A justification of the route request and a statement as to why an alternate route is not practical or possible. Plans, contour maps, photographs and other documentation may be included.

(2) The applicant’s form shall be submitted for initial processing to the Central Office Bicycle/Pedestrian Coordinator, Bureau of Highway Safety and Traffic Engineering, P. O. Box 2047, Harrisburg, Pennsylvania 17105-2047, telephone (717) 783-8444. The application will be forwarded to the appropriate district office for review and recommendation before being returned to the Central Office Bicycle/Pedestrian Coordinator for final determination. The review by the district office may entail the consideration of information in addition to that submitted by the applicant.

(b) The district office, within 45 days of receipt of the original application, will make one of the following recommendations to the Central Office Bicycle/Pedestrian Coordinator:

(1) Approve because the following apply:

(i) No other reasonable route is available based on the length or safety of the route.

(ii) Safe access is available. The shoulder can be used as a designated bikeway. The Department may consider the following when determining safe access availability:

(A) There is a paved shoulder of sufficient width and acceptable riding surface to accommodate a designated bike route.

(B) Milled rumble strips are present.

(2) Approve in part because a section of the requested route may meet criteria and alternate routes satisfy the remainder.

(3) Disapprove because one or more of the following apply:

(i) The requested route cannot safely accommodate bicycles, (the shoulder may be too narrow or its condition may be of such poor quality that it cannot accommodate bicycles).

(ii) A reasonable, safer alternate route is available.

(iii) The applicant has failed to provide additional information after a request to provide the information was made.

(c) The Department may consider, among other factors, the following in evaluating an alternate route:

(1) The length of the detour.

(2) The average daily traffic (ADT). An ADT of less than 500 is favorable.

(3) The speed limit. A speed limit lower than 35 mph is favorable.

(4) The presence or absence of potentially hazardous conditions, including the following:

(i) Pavement condition.

(ii) Driveways.

(iii) Narrow shoulders, paved or unpaved.

(iv) No paved shoulders.

(v) Narrow motor vehicle lanes.

(vi) Pedestrian traffic.

(vii) Railroad tracks, especially skewed crossings.

(viii) Narrow bridges.

(ix) Poor sight distance.

(x) Rough road surface.

(xi) Parked vehicles.

(xii) Turning trucks.

(xiii) Percent of truck, bus and recreational vehicle traffic.

History

• Authority: The provisions of this Chapter 202 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 202 adopted April 5, 1996, effective April 6, 1996, 26 Pa.

67 Pa. Code § 202.3 Assistance by Department.

The Department of Transportation (Department) will make every reasonable effort to assist and work with an applicant to solicit pertinent information so that the Department can make a well informed decision. Each application will be judged on the merits on a case by case basis. When an application has been approved and before the scheduled event, the Department will erect signs at both the ramp entrance and exit points indicating that permission has been granted for pedalcycles to use the route and notifying motorists of the presence of pedalcyclists.

History

• Authority: The provisions of this Chapter 202 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 202 adopted April 5, 1996, effective April 6, 1996, 26 Pa.

67 Pa. Code § 202.4 Appeal of denial of application.

If an application is denied, the applicant may appeal the decision of the Department of Transportation (Department) by submitting, within 20 days of the Department’s decision, a written request for an administrative hearing to the Commonwealth of Pennsylvania, Department of Transportation, Administrative Docket Clerk, Commonwealth Keystone Building, 400 North Street, 9th Floor, Harrisburg, Pennsylvania 17120-0096. The applicant’s written request shall be accompanied by a $100 filing fee.

The provisions of this § 202.4 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772. Immediately preceding text appears at serial page (232809).

History

• Authority: The provisions of this Chapter 202 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 202 adopted April 5, 1996, effective April 6, 1996, 26 Pa.

Chapter 205 Municipal Traffic Engineering Certification

67 Pa. Code § 205.1 Purpose.

This chapter establishes the requirements which a municipality shall meet to be qualified for certification by the Department to install or modify traffic signals on local highways in the municipality without prior approval of the Department under 75 Pa.C.S. § 6122(a)(2) (relating to authority to erect traffic-control devices).

The provisions of this § 205.1 amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 6122(a).

The provisions of this § 205.1 adopted June 17, 1977, effective June 18, 1977, 7 Pa.B. 1645; amended July 20, 1990, effective July 21, 1990, 20 Pa.B. 3979. Immediately preceding text appears at serial page (77678).

History

• Authority: The provisions of this Chapter 205 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 205 adopted June 17, 1977, effective June 18, 1977, 7 Pa.

67 Pa. Code § 205.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Department—The Department of Transportation of the Commonwealth. Department manuals—Reference materials, consisting of handbooks, specifications, standards and guidelines, developed by the Department for use by State and municipal engineering personnel involved in the design, location, installation, operation and maintenance of traffic signals or traffic signal systems, or both. First class city—A city containing a population of 1 million or more. Municipality—A county, city, borough, incorporated town or township. Municipal traffic engineer—An employe of, or a consulting traffic engineer on retainer to, a municipality or a council of governments, established under the act of July 12, 1972 (P. L. 762, No. 180) (53 P. S. § § 481—490), known as the Intergovernmental Cooperation Law, meeting the education, experience and responsibility requirements in § § 205.4 and 205.5 (relating to municipal traffic engineer education and experience; and municipal traffic engineer responsibilities). Second class city—A city containing a population of under 1 million but more than 500,000. Secretary—The Secretary of the Department. State Traffic Engineer—The Chief of the Traffic Engineering and Operations Division, Bureau of Maintenance and Operations, Department of Transportation. Traffic signal—A power operated traffic control device, except a sign, warning light, arrow panel or steady burn electric lamp, by which traffic is warned or directed to take some specific action. The term includes electrically or mechanically operated traffic control signals, pedestrian signals, beacons, lane use control signals, movable bridge signals, emergency traffic signals, fire house warning devices, ramp and highway metering signals and weigh station signals.

The provisions of this § 205.2 amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 6122(a).

The provisions of this § 205.2 adopted June 17, 1977, effective June 18, 1977, 7 Pa.B. 1645; amended July 20, 1990, effective July 21, 1990, 20 Pa.B. 3979. Immediately preceding text appears at serial page (77679).

History

• Authority: The provisions of this Chapter 205 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 205 adopted June 17, 1977, effective June 18, 1977, 7 Pa.

67 Pa. Code § 205.3 Municipal responsibilities.

(a) General. A municipality or one or more municipalities represented by a council of governments desiring certification under this chapter shall:

(1) Adopt the nationally recommended Model Traffic Ordinance (MTO); or, as a minimum, officially charge its municipal traffic engineer with the responsibilities in § 205.5(a) (relating to municipal traffic engineer responsibilities), as provided in sections 2—10 of the MTO.

(2) Insure that work performed under 75 Pa.C.S. § 6122(a)(2) (relating to authority to erect traffic-control devices) is in conformance with Department regulations, standards and manuals governing the installation, modification and maintenance of traffic signals.

(3) Insure that every effort is made to upgrade traffic signals within municipal boundaries to meet and be in conformance with national or State standards, or both.

(b) Legal and financial consequences. A municipality is responsible for legal and financial consequences associated with work performed under 75 Pa.C.S. § 6122(a)(2).

The provisions of this § 205.3 amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 6122(a).

The provisions of this § 205.3 adopted June 17, 1977, effective June 18, 1977, 7 Pa.B. 1645; amended July 20, 1990, effective July 21, 1990, 20 Pa.B. 3979. Immediately preceding text appears at serial page (77679).

History

• Authority: The provisions of this Chapter 205 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 205 adopted June 17, 1977, effective June 18, 1977, 7 Pa.

67 Pa. Code § 205.4 Municipal traffic engineer education and experience.

(a) General. A municipal traffic engineer shall possess a bachelor’s degree with major course work in engineering and at least 5 years of progressively responsible experience in engineering, two of which shall have been in the traffic engineering field—appropriate graduate study may be substituted for the required experience on a year-for-year basis; or a combination of engineering education and appropriate engineering and traffic engineering experience comparable to the requirements of this subsection—experience may be substituted for undergraduate study on a two-for-one year basis.

(b) License. A municipal traffic engineer shall possess a professional engineer’s license issued by the State Registration Board for Professional Engineers.

The provisions of this § 205.4 adopted June 17, 1977, effective June 18, 1977, 7 Pa.B. 1645.

This section in 67 Pa. Code § 205.2 (relating to definitions).

History

• Authority: The provisions of this Chapter 205 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 205 adopted June 17, 1977, effective June 18, 1977, 7 Pa.

67 Pa. Code § 205.5 Municipal traffic engineer responsibilities.

(a) General. A municipal traffic engineer has the responsibility, as provided in the Model Traffic Ordinance, to:

(1) Determine the installation and proper timing and maintenance of traffic signals.

(2) Conduct engineering analysis of traffic accidents and devise remedial measures.

(3) Conduct engineering investigations of traffic conditions.

(4) Plan the operation of traffic on the streets and local highways within the municipality.

(5) Cooperate with municipal officials in the development of ways and means to improve traffic conditions within the municipality in accordance with Commonwealth and municipal regulations, standards and manuals.

(b) Information in municipal files. A municipal traffic engineer is responsible for maintaining the following information in municipal files for traffic signals installed or modified under 75 Pa.C.S. § 6122(a)(2) (relating to authority to erect traffic-control devices):

(1) Data collected as a result of engineering and traffic studies.

(2) A completion certificate signed and dated by the municipal traffic engineer verifying the completed update or new installation and operation of traffic signals including the Department warrants under which new traffic signals are installed or updated after July 1, 1977.

(3) A schedule and results of periodic evaluations of the operation of traffic signals within municipal boundaries to include warranted update recommendations.

(4) A plan of the traffic signals, modes of operation, a traffic flow diagram of peak hour volume and a collision diagram for the 3-year period preceding the latest update.

The provisions of this § 205.5 amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 6122(a).

The provisions of this § 205.5 adopted June 17, 1977, effective June 18, 1977, 7 Pa.B. 1645; amended July 20, 1990, effective July 21, 1990, 20 Pa.B. 3979. Immediately preceding text appears at serial pages (57162) to (57163).

This section cited in 67 Pa. Code § 205.2 (relating to definitions); and 67 Pa. Code § 205.3 (relating to municipal responsibilities).

History

• Authority: The provisions of this Chapter 205 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 205 adopted June 17, 1977, effective June 18, 1977, 7 Pa.

67 Pa. Code § 205.6 Application for municipal traffic engineering certification.

(a) First and second class cities. First and second class cities with a traffic engineer possessing a professional engineer’s license issued by the State Registration Board for Professional Engineers are automatically granted municipal traffic engineering certification upon submission of the city traffic engineer’s name and professional engineer’s registration number to the Bureau of Highway Safety and Traffic Engineering.

(b) A municipality other than a first or second class city. A municipality, other than a first or second class city, desiring certification for the purpose of installing or modifying traffic signals on local highways inside municipal boundaries without prior approval of the Department may petition for approval to the Bureau of Highway Safety and Traffic Engineering. A petition shall include the name and qualifications of the municipal traffic engineer and a resolution from the governing body of the municipality agreeing to comply with this chapter. A petition from a council of governments shall include the name and qualifications of its municipal traffic engineer and a resolution from the governing bodies of each member municipality agreeing to comply with this chapter.

The provisions of this § 205.6 amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 6122(a).

The provisions of this § 205.6 adopted June 17, 1977, effective June 18, 1977, 7 Pa.B. 1645; amended July 20, 1990, effective July 21, 1990, 20 Pa.B. 3979. Immediately preceding text appears at serial page (57163).

History

• Authority: The provisions of this Chapter 205 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 205 adopted June 17, 1977, effective June 18, 1977, 7 Pa.

67 Pa. Code § 205.7 Effect of municipal traffic engineering certification.

Approval of a municipal traffic engineering certification is issued by the Secretary through the Bureau of Highway Safety and Traffic Engineering. A municipal traffic engineering certification shall remain in effect until the municipality changes its municipal traffic engineer, which necessitates the submission of a new petition for certification, except that the automatic certification shall continue for first and second class cities if the new traffic engineer possesses a professional engineer’s license issued by the State Registration Board for Professional Engineers; or the Secretary makes a determination, based on an evaluation of the municipality’s operation under 75 Pa.C.S. § 6122(a)(2) (relating to authority to erect traffic control devices), that the municipality is not operating in compliance with Department regulations, standards and manuals.

The provisions of this § 205.7 amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 6122(a).

The provisions of this § 205.7 adopted June 17, 1977, effective June 18, 1977, 7 Pa.B. 1645; amended July 20, 1990, effective July 21, 1990, 20 Pa.B. 3979. Immediately preceding text appears at serial page (57163).

History

• Authority: The provisions of this Chapter 205 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 205 adopted June 17, 1977, effective June 18, 1977, 7 Pa.

67 Pa. Code § 205.8 Rescission.

(a) Grounds. Noncompliance with this chapter will result in rescission of a municipal traffic engineering certification.

(b) Municipality action. If a municipal traffic engineering certification is rescinded, the affected municipality shall follow required Department regulations, standards, manuals and procedures governing municipal requests for the approval of traffic signal installations and modifications.

(c) Notice. The Department will provide the municipality or council of governments with a written notice stating the effective date of and reasons for the rescission of a municipal traffic engineering certification.

The provisions of this § 205.8 amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 6122(a).

The provisions of this § 205.8 adopted June 17, 1977, effective June 18, 1977, 7 Pa.B. 1645; amended July 20, 1990, effective July 21, 1990, 20 Pa.B. 3979. Immediately preceding text appears at serial page (86065).

History

• Authority: The provisions of this Chapter 205 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 205 adopted June 17, 1977, effective June 18, 1977, 7 Pa.

Chapter 207 Retention of Records

67 Pa. Code § 207.1 Purpose.

This chapter establishes the minimum periods of time that must elapse before the Department may destroy records acquired, established or maintained under 75 Pa.C.S. § § 101—9701 (relating to the vehicle code), as authorized by 75 Pa.C.S. § 6104(d) (relating to administrative duties of department).

History

• Authority: The provisions of this Chapter 207 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 207 adopted December 8, 1978, effective December 9, 1978, 8 Pa.

67 Pa. Code § 207.2 Traffic safety records.

(a) Major offenses. Records pertaining to major offenses shall be retained as follows:

(1) Records pertaining to offenses enumerated under 75 Pa.C.S. § 6503 (relating to subsequent convictions of certain offenses) shall be retained indefinitely.

(2) Records pertaining to offenses enumerated under 75 Pa.C.S. § 1532 (relating to revocation of habitual offender’s license) shall be retained for 7 years after the date of the offense, and at least 1 year following reduction of the number of points on the driver’s record to zero points.

(b) Point system. Records pertaining to offenses enumerated under 75 Pa.C.S. § 1535(a) (relating schedule of convictions and points), shall be retained for 1 year after the driver’s record has been reduced to zero points.

(c) Habitual offenders. Records pertaining to 75 Pa.C.S. § 1542 (relating to revocation of habitual offender’s license) shall be retained for 2 years after the restoration of operating privileges, and at least 1 year following reduction of the number of points on the driver’s record to zero points.

(d) Failure to respond to citation. Records pertaining to 75 Pa.C.S. § 1533 (relating to suspension of operating privilege for failure to respond to citation) shall be retained for 1 year after the restoration of operating privileges.

(e) Chemical test. Records pertaining to 75 Pa.C.S. § 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) shall be retained for 1 year after restoration of operating privileges, or 1 year following reduction of the number of points on the driver’s record to zero points, whichever period expires at a later date.

(f) Cancellation of driver’s license. Records pertaining to 75 Pa.C.S. § 1572 (relating to cancellation of driver’s license) shall be retained until the reason for cancellation has been rectified.

(g) Withdrawal of consent. Records pertaining to 75 Pa.C.S. § 1507(d) (relating to withdrawal of consent) shall be retained for 1 year after the licensee attains 18 years of age.

(h) Renewal examination. Records pertaining to 75 Pa.C.S. § 1514(b) (relating to examination of applicants for renewal) shall be retained for 1 year after the renewal of operating privileges.

(i) Other records. Other records shall be retained as follows:

(1) The following records will be retained for 1 year after restoration:

(i) Records pertaining to section 104(d) of the Pennsylvania No-Fault Motor Vehicle Insurance.

(ii) Records pertaining to suspensions imposed under:

(A) 75 Pa.C.S. § 1118(f) (relating to suspension and cancellation of certificate of title).

(B) 75 Pa.C.S. § 1373 (relating to suspension of registration).

(C) 75 Pa.C.S. § 1375 (relating to suspension of registration of unapproved carriers).

(D) 75 Pa.C.S. § 1503(a)(1) (relating to persons ineligible for licensing)—suspension or revocation of operating privilege in this Commonwealth or any other state.

(E) 75 Pa.C.S. § 1503(a)(2)—suspension or revocation of operating privilege in any other state upon grounds which would authorize the suspension or revocation of the operating privilege under the Vehicle Code.

(F) 75 Pa.C.S. § 1503(a)(6)—a person who is required to take an examination and has successfully passed the examination.

(G) 75 Pa.C.S. § 1503(a)(8)—a person who has repeatedly violated 75 Pa.C.S. § § 1501—1575 (relating to licensing of drivers).

(H) 75 Pa.C.S. § 1742 (relating to scope of plan)—suspension for nonpayment of judgments. Note: records shall be retained following an agreement until judgment is satisfied.

(I) 75 Pa.C.S. § 1745(c) (Repealed)—suspension for default in payment. Note: records shall be retained following reinstatement of agreement until the judgment is satisfied.

(J) Court ordered suspension or revocation.

(K) 75 Pa.C.S. § 6146 (relating to enforcement agreements)—suspension for failure to respond to citation in Nonresident Violator Compact jurisdiction.

(2) Records pertaining to the following sections shall be retained for 3 years after the restoration of operating privileges:

(i) 75 Pa.C.S. § 1519(c) (relating to determination of incompetency)—recall of operating privilege.

(ii) 75 Pa.C.S. § 1503(a)(3) (relating to persons ineligible for licensing).

(iii) 75 Pa.C.S. § 1503(a)(4).

The provisions of this § 207.2 issued under the Vehicle Code, 75 Pa.C.S. § 6103(a).

The provisions of this § 207.2 adopted December 8, 1978, effective December 9, 1978, 8 Pa.B. 3507; amended September 18, 1981, effective September 19, 1981, 11 Pa.B. 3226; amended May 21, 1982, effective May 22, 1982, 12 Pa.B. 1644; amended November 4, 1983, effective November 5, 1983, 13 Pa.B. 3400. Immediately preceding text appears at serial pages (71268) to (71270).

Court Order to Expunge

Although the Department of Transportation is authorized by regulation to retain records for specified time periods, those rules are irrelevant where an order of court commands the Department to expunge a specific record at the end of the minimum required period of retention. Commonwealth v. M.M.M., 779 A.2d 1158 (Pa. Super. 2001); appeal denied 793 A.2d 906 (Pa. 2002).

History

• Authority: The provisions of this Chapter 207 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 207 adopted December 8, 1978, effective December 9, 1978, 8 Pa.

67 Pa. Code § 207.3 Driver license, learner permit and identification card records.

(a) Driver’s license. Driver’s license records shall be retained as follows:

(1) General rule. Except as otherwise provided in this section, a driver’s license record will be retained for a period of 5 years from the date of its expiration.

(2) Driver’s record with accident or traffic safety records. A driver’s license or learner’s permit record will be retained as long as it contains a traffic safety or accident record.

(3) School bus driver’s records. That portion of the record of a driver which relates to his authorization to drive a school bus (class 4) will be retained:

(i) In the case of a person licensed to drive only a school bus, for a period of 3 years after the expiration of the school bus driver’s license.

(ii) In any other case, for a period of 13 months after the expiration of the last school bus driver’s license.

(b) Learner’s permit. Learner’s permit records shall be retained as follows:

(1) General rule. Any learner’s permit record will be retained for a period of three years after the physical examination date or for a period of 1 year after the expiration of the learner’s permit, whichever period ends later.

(2) Learner’s permit for additional class driver’s license. Except as otherwise provided in this section, a learner’s permit record established for a licensed driver to obtain an additional class of driver’s license will be retained for a period of three years after the expiration of the learner’s permit.

(c) Deceased driver. Any driver’s license or learner’s permit record containing an indication that the driver is deceased will be retained for a period of three years after the expiration date of the last driver’s license or learner’s permit issued to the deceased.

(d) Identification card. An identification card record shall be retained for a period of 1 year after the expiration date.

The provisions of this § 207.3 issued under the Vehicle Code, 75 Pa.C.S. § 6103(a).

The provisions of this § 207.3 adopted September 18, 1981, effective September 19, 1981, 11 Pa.B. 3226.

Court Order to Expunge

Although the Department of Transportation is authorized by regulation to retain records for specified time periods, those rules are irrelevant where an order of court commands the Department to expunge a specific record at the end of the minimum required period of retention. Commonwealth v. M.M.M., 779 A.2d 1158 (Pa. Super. 2001); appeal denied 793 A.2d 906 (Pa. 2002).

History

• Authority: The provisions of this Chapter 207 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 207 adopted December 8, 1978, effective December 9, 1978, 8 Pa.

67 Pa. Code § 207.4 Purge of records.

The Department may purge any of the records described in this chapter after the period of retention has expired.

The provisions of this § 207.4 issued under the Vehicle Code, 75 Pa.C.S. § 6103(a).

The provisions of this § 207.4 adopted May 14, 1982, effective May 15, 1982, 12 Pa.B. 1583.

History

• Authority: The provisions of this Chapter 207 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 207 adopted December 8, 1978, effective December 9, 1978, 8 Pa.

Chapter 209 Requests for Reasonable Access to the Designated Network

67 Pa. Code § 209.1 Purpose and application.

Combinations authorized by 75 Pa.C.S. § 4904(e) (relating to limits on numbers of towed vehicles) to have two trailers, or by 75 Pa.C.S. § 4923(b)(6) (relating to length of vehicles) to exceed the length limitation for combinations may be granted reasonable access to utilize highways between the highway network designated under 75 Pa.C.S. § 4908(a)(1) (relating to operation of certain combinations on interstate and certain primary highways) and terminals or points of loading or unloading of household goods, as provided by 75 Pa.C.S. § 4908(a)(2)(ii) and (b)(2), if the terminals or points may be accessed safely and reasonably.

The provisions of this § 209.1 adopted October 28, 1977, effective October 29, 1977, 7 Pa.B. 3207; reserved October 16, 1981, effective October 17, 1981, 11 Pa.B. 3559; amended December 27, 1985, effective December 28, 1985, 15 Pa.B. 4586. Immediately preceding text appears at serial page (82515).

History

• Authority: The provisions of this Chapter 209 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 209 adopted October 28, 1977, effective October 29, 1977, 7 Pa.

67 Pa. Code § 209.2 Application for access.

An application for access to terminals or loading or unloading points shall be made in writing to either the Department of Transportation, or a city or municipal highway department under 75 Pa.C.S. § 4908(d) (relating to operation of certain combinations on interstate and certain primary highways). The application shall designate the route for which access is requested and note restrictions upon operation appropriate to assure safe and reasonable access.

The provisions of this § 209.2 adopted October 28, 1977, effective October 29, 1977, 7 Pa.B. 3207; reserved October 16, 1981, effective October 17, 1981, 11 Pa.B. 3559; amended December 27, 1985, effective December 28, 1985, 15 Pa.B. 4586. Immediately preceding text appears at serial page (82515).

History

• Authority: The provisions of this Chapter 209 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 209 adopted October 28, 1977, effective October 29, 1977, 7 Pa.

67 Pa. Code § 209.3 Approval of applications.

(a) A request for route approval under this chapter will be either approved as submitted, approved with additional listed restrictions upon operation, or disapproved in writing within 30 days of receipt of the request by the Department of Transportation, or the relevant city or municipal highway department. In the event the requested route requires the approval of the Department and one or more municipalities, the 30-day period for review by a municipality shall commence upon receipt of the request by the municipality. The 30-day period for review by the Department will commence upon receipt of approval or disapproval from all municipalities involved, or expiration of the municipalities’ 30-day period for review, whichever comes first. In no event will this process take longer than 90 days without the consent of the applicant.

(b) The period of time provided for review of applications may be extended by written notice to the applicant for a period of time agreed upon by the applicant and the Department or the relevant city or municipal highway department, or for 15 days without agreement of the applicant for good cause stated in the notice to the applicant.

(c) An application not approved or disapproved within the time periods stated in this section will be deemed approved by the Department or the relevant city or municipal highway department.

(d) Disapprovals or restricted approvals of applications shall be in writing and explain the reasons for the disapproval or restricted approval of the application.

The provisions of this § 209.3 adopted October 28, 1977, effective October 29, 1977, 7 Pa.B. 3207; reserved October 16, 1981, effective October 17, 1981, 11 Pa.B. 3559; amended December 27, 1985, effective December 28, 1985, 15 Pa.B. 4586. Immediately preceding text appears at serial page (82515).

History

• Authority: The provisions of this Chapter 209 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 209 adopted October 28, 1977, effective October 29, 1977, 7 Pa.

67 Pa. Code § 209.4 Review.

The decision of the Department of Transportation or of the relevant city or municipal highway department may be reviewed by filing a request with the agency to conduct a hearing and issue an adjudication under 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Administrative Agency Law) or 2 Pa.C.S. § § 551—555 and 751—754 (relating to the Local Agency Law). Adjudication is subject to judicial review under 2 Pa.C.S. § § 701—754 (relating to judicial review).

The provisions of this § 209.4 adopted December 27, 1985, effective December 28, 1985, 15 Pa.B. 4586.

(Editor’s Note: Lists were codified under 1 Pa. Code § 3.1(a)(9) (relating to contents of Code) as documents which the Legislative Reference Bureau finds to be general and permanent in nature. The lists are updated through December 31, 1994.) APPROVED TRUCK ACCESS ROUTESLIST III

Routes available for 102-inch wide single trailer, Maxi Cubes, and two trailer combinations. Maximum trailer length for single trailer combinations is 53 feet. Maximum trailer length for trailers in two trailer combinations is 28 1/2 feet each. Access approval is necessary to leave these approved routes. LIST III

Routes available for 102-inch wide single trailer, and two trailer combinations. Maximum trailer length for single trailer combinations is 48 feet. Maximum trailer length for trailers in two trailer combinations is 28 1/2 feet each. Access approval is necessary to leave these approved routes. LIST IV

Routes available for 102-inch wide two trailer combinations. Maximum trailer length for trailers in two trailer combinations is 28 1/2 feet each. Access approval is necessary to leave these approved routes.

Routes available for 102-inch wide single trailer with maximum trailer length for single trailer combinations of 53 feet. NO TWIN TRAILERS PERMITTED ON THESE ROUTES. Access approval is necessary to leave these approved routes. LIST VI

Routes available for 102-inch wide single trailer with maximum trailer length for single trailer combinations of 48 feet. Access approval is necessary to leave these approved routes. LIST VII

Routes available for the size trailer identified in the following PARTS. Access approval is necessary to leave any of these approved routes. PART A102-inch wide Maxi Cubes:

102-inch wide 48-foot long trailers with a 60 footmaximum overall combination length:

History

• Authority: The provisions of this Chapter 209 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 209 adopted October 28, 1977, effective October 29, 1977, 7 Pa.

Chapter 213 Snow Emergency Routes

67 Pa. Code § 213.1 Purpose.

The purpose of this chapter is to establish snow emergency routes by restricting the use of certain highways during periods of snow or ice emergency to vehicles which are properly equipped to minimize the safety hazard.

History

• Authority: The provisions of this Chapter 213 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 213 adopted January 11, 1980, effective January 12, 1980, 10 Pa.

67 Pa. Code § 213.2 Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: Department—The Department of Transportation of the Commonwealth of Pennsylvania. Limited access highway—A highway in respect to which owners or occupants of abutting lands and other persons have no legal right of access except at points and in the manner determined by the authority having jurisdiction over the highway. Mud and snow tire—A tire which, when, compared with conventional rib-type passenger car tires, has a relatively aggressive tread pattern and is designed primarily to provide additional starting, stopping, and driving traction in mud and snow. The tread shall also have ribs, lugs, blocks, or buttons, be generally discontinuous, and have the following characteristics when inflated:

(i) A substantial portion of the lug, block, or rib edges in the tread design shall be at an angle greater than 30° to the tire circumferential center line.

(ii) On at least one side of the tread design, the shoulder lugs shall protrude at least 1/2 inch in a direction generally perpendicular to the direction of travel.

(iii) Tires manufactured on or after January 1, 1976, shall be permanently labeled on at least one sidewall with the words ‘‘Mud and Snow’’ or any contraction using the letters ‘‘M’’ and ‘‘S,’’ such as MS, M/S, M-S, M & S, and the like. Snow emergency route—A limited access highway which the Department has designated as a snow emergency route by the posting of traffic control devices as provided for in § 213.4 (relating to posting).

History

• Authority: The provisions of this Chapter 213 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 213 adopted January 11, 1980, effective January 12, 1980, 10 Pa.

67 Pa. Code § 213.3 General requirements.

No motor vehicle shall be driven upon a snow emergency route when the roadway is covered with ice or snow unless the motor vehicle is equipped with at least two mud and snow tires on a driven axle or tire chains on two tires on a driven axle.

History

• Authority: The provisions of this Chapter 213 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 213 adopted January 11, 1980, effective January 12, 1980, 10 Pa.

67 Pa. Code § 213.4 Posting.

A traffic control device of the type specified in Chapter 211 (relating to official traffic control devices) shall be posted at every access point to a limited access highway which the Department has designated as a snow emergency route.

This section cited in 67 Pa. Code § 213.2 (relating to definitions).

History

• Authority: The provisions of this Chapter 213 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 213 adopted January 11, 1980, effective January 12, 1980, 10 Pa.

Chapter 214 Highway Safety Corridors—Statement of Policy

67 Pa. Code § 214.1 Purpose and application.

(a) This chapter is in response to the requirements of Act 229 of 2002 which added 75 Pa.C.S. § 6105.1 (relating to designation of highway safety corridors). Specifically, this chapter is designed to improve safety in targeted high crash locations by designating as highway safety corridors those areas where motorists are exposed to increased levels of enforcement and increased penalties for moving violations relating to unsafe driving behavior.

(b) The signs specified in this chapter are in addition to the traffic-control devices required by Department regulations and apply to public highways within this Commonwealth.

History

• Source: The provisions of this Chapter 214 adopted September 10, 2004, effective September 11, 2004, 34 Pa.

67 Pa. Code § 214.2 Definitions.

The following phrase, when used in this chapter, has the following meaning unless the context clearly indicates otherwise: Highway safety corridor—The portion of a highway determined by a traffic study to be targeted for the application of signs, increased levels of enforcement and increased penalties specifically for the purpose of eliminating or reducing unsafe driver behaviors that are known to result in crashes and fatalities.

History

• Source: The provisions of this Chapter 214 adopted September 10, 2004, effective September 11, 2004, 34 Pa.

67 Pa. Code § 214.3 Traffic and engineering investigation.

A segment of a highway may be designated as a highway safety corridor in which increased penalties will apply for violations identified in 75 Pa.C.S. § 3326(c) (relating to duty of driver in construction and maintenance areas or on highway safety corridors) if the following conditions are satisfied:

(1) A crash analysis of candidate locations indicates that, for the preceding 5 years, crashes related to targeted driving behaviors exceeds thresholds for the number of crashes or the rate of crashes for homogeneous roadways as determined by the Department.

(2) The corridor meets the geometric requirements needed to allow for safe patrolling by law enforcement officers as well as a safe area to stop violators for the issuance of a traffic citation or warning.

(3) The corridor has adequate space for the installation of the traffic signs specified in this chapter.

(4) There is a written commitment from the local and state law enforcement agencies responsible for highway patrol along the corridor to provide visible, sustained enforcement activity within the limits of the marked corridor.

History

• Source: The provisions of this Chapter 214 adopted September 10, 2004, effective September 11, 2004, 34 Pa.

67 Pa. Code § 214.4 Traffic signs.

(a) Proper sign installations. Signs shall be installed as follows:

(1) Sign (W35-1), SAFETY CORRIDOR—FINES DOUBLED NEXT XX MILES, shall be installed as close as practical to the beginning of the highway safety corridor and after each interchange along the corridor.

(2) Sign (W35-2), END FINES DOUBLED CORRIDOR, shall be installed immediately at the end of each highway safety corridor.

(b) Sign standards. Signs W35-1 and W35-2 shall be manufactured in accordance with the standards set forth in Appendix A for these signs.

History

• Source: The provisions of this Chapter 214 adopted September 10, 2004, effective September 11, 2004, 34 Pa.

67 Pa. Code § 214.5 Questions.

Inquiries about this chapter may be referred to:

Pennsylvania Department of TransportationBureau of Highway Safety and Traffic EngineeringP. O. Box 2407Harrisburg, PA 17105-2047717-787-6853Fax: 717-783-8012

History

• Source: The provisions of this Chapter 214 adopted September 10, 2004, effective September 11, 2004, 34 Pa.

Chapter 215 Special Highway Conditions

67 Pa. Code § 215.1 Purpose; authority.

(a) Purpose. The purpose of this chapter is to establish temporary or experimental regulations necessary to cover special highway conditions.

(b) Authority. This chapter is authorized under 75 Pa.C.S. § 6109(a)(20).

History

• Authority: The provisions of this Chapter 215 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 215 adopted March 13, 1981, effective March 14, 1981, 11 Pa.

Chapter 219 Proof of Financial Responsibility

67 Pa. Code § 219.1 Purpose.

(a) Traffic offenses and reportable accidents. The purpose of this chapter is to establish a procedure to effect the provisions of 75 Pa.C.S. § § 1784 and 1785 (relating to proof of financial responsibility following violation and proof of financial responsibility following accident). Section 1784 covers a defendant who, upon conviction of a traffic offense, other than a parking offense, that requires a court appearance fails to show proof of financial responsibility on the motor vehicle at the time of the offense. Section 1785 covers the owner of a motor vehicle involved in an accident requiring notice to a police department under 75 Pa.C.S. § 3746 (relating to immediate notice of accident to police department), who did not maintain financial responsibility on the motor vehicle at the time of the accident. Under sections 1784 and 1785, the Department is required to revoke the registration of the vehicle. Section 1784 also requires the Department to suspend the operating privilege of the defendant, if the defendant is the owner of the vehicle. Section 1785 requires the Department to suspend the operating privilege of the owner, where applicable.

(b) Nonreportable accidents. This chapter also establishes a procedure for suspension of the vehicle owner’s operating privilege, where applicable, and revocation of the registration of a motor vehicle involved in an accident not required to be investigated by 75 Pa.C.S. § 3746 when the owner did not maintain financial responsibility on the motor vehicle at the time of the accident.

History

• Authority: The provisions of this Chapter 219 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 219 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 219.2 Duty of court.

When a defendant who is convicted of a traffic offense, other than a parking offense, that requires a court appearance fails to show proof of financial responsibility covering the operation of the vehicle at the time of the offense, the court shall notify the Department of the fact on the appropriate Departmental form.

History

• Authority: The provisions of this Chapter 219 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 219 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 219.3 Duty of police officer investigating an accident.

Every police officer who investigates a motor vehicle accident required to be investigated by 75 Pa.C.S. § 3746 (relating to immediate notice of accident to police department) shall include in the written report of the accident, which is required to be forwarded to the Department under 75 Pa.C.S. § 3751 (relating to reports by police), information as to whether the vehicles involved in the accident were in compliance with the financial responsibility requirements of 75 Pa.C.S. Chapter 17 (relating to financial responsibility).

History

• Authority: The provisions of this Chapter 219 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 219 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 219.4 Duty of driver involved in an accident.

If a police officer does not investigate an accident required to be investigated by 75 Pa.C.S. § 3746 (relating to immediate notice of accident to police department), the driver of a vehicle which is involved in the accident shall include in the written report of the accident, which is required to be forwarded to the Department under 75 Pa.C.S. § 3747 (relating to written report of accident by driver or owner), information as to whether the vehicles involved in the accident were in compliance with the financial responsibility requirements of 75 Pa.C.S. Chapter 17 (relating to financial responsibility).

History

• Authority: The provisions of this Chapter 219 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 219 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 219.5 Motor vehicle accidents not requiring investigation.

(a) Reports by police. Every police officer who investigates a motor vehicle accident which does not require an investigation under 75 Pa.C.S. § 3746 (relating to immediate notice of accident to police department) shall notify the Department on the appropriate Departmental form if an owner of a motor vehicle involved in the accident did not maintain financial responsibility on the motor vehicle at the time of the accident.

(b) Reports by driver. The driver of a vehicle which is involved in a motor vehicle accident for which an investigation is not required under 75 Pa.C.S. § 3746 may notify the Department in writing if an owner of a motor vehicle involved in the accident did not maintain financial responsibility on the motor vehicle at the time of the accident.

History

• Authority: The provisions of this Chapter 219 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 219 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 219.6 Acceptable proof of financial responsibility.

(a) I.D. card. For the purposes of this chapter, the I.D. card in 31 Pa. Code Chapter 67, Subchapter B (relating to evidence of financial responsibility) shall be considered evidence that the motor vehicle was covered by a policy of motor vehicle liability insurance or was self-insured.

(b) Other documents. A person who is unable to produce and exhibit an I.D. card as prescribed in subsection (a) may produce one of the following documents as evidence that the motor vehicle was covered by a policy of motor vehicle liability insurance:

(1) The declaration page of the insurance policy or a copy thereof.

(2) A copy of a valid binder of insurance which contains all of the information required to appear on the I.D. card, excluding policy number.

(3) A copy of an application for insurance to the Pennsylvania Automobile Insurance Plan which contains the information required to appear on the I.D. card, excluding the policy number, and is signed by a licensed insurance agent or broker.

(c) Newly purchased vehicles. If the vehicle was purchased within 30 days prior to the demand, a document enumerated in paragraph (1), (2) or (3) which covers another vehicle owned by the owner of the vehicle being driven at the time of the demand will constitute proof that the vehicle in question was insured at the time of the demand.

(d) Expiration. A copy of a valid binder of insurance or an application for insurance to the Pennsylvania Automobile Insurance Plan will be acceptable as proof of financial responsibility for a period of 30 days from the effective date of the policy. If more than 30 days have elapsed from the effective date of the policy, a copy of the declaration page of the insurance policy, or an I.D. card, if issued, shall be displayed.

(e) Production of proof of financial responsibility to avoid revocation or suspension. A person who fails to produce proof of financial responsibility as required by this chapter will avoid the revocation of vehicle registration and suspension of the operating privilege, if the person produces, within 5 days, acceptable evidence of financial responsibility valid at the time of the offense or accident to the court, police officer or the driver of a vehicle which is involved in a motor vehicle accident.

The doctrine of laches was properly applied where the Department sought to suspend a driver’s privileges for failure to provide proof of financial responsibility at the time of an incident which occurred 17 years ago. Department of Transportation v. Benner, 616 A.2d 181 (Pa. Cmwlth. 1992).

History

• Authority: The provisions of this Chapter 219 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 219 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 219.7 Suspension of operating privilege or revocation of vehicle registration.

(a) Operating privilege suspension. Failure to show proof of financial responsibility as required by 75 Pa.C.S. § § 1784 and 1785 (relating to proof of financial responsibility following violation and proof of financial responsibility following accident) will result in a 3 month suspension of the vehicle owner’s operating privilege if the owner was driving at the time of the traffic offense or accident.

(b) Vehicle registration revocation. Failure to show proof of financial responsibility as required by 75 Pa.C.S. § § 1784 and 1785 will result in a 3 month revocation of the registration of the vehicle for which the required financial responsibility was not in effect at the time of the traffic offense or accident.

History

• Authority: The provisions of this Chapter 219 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 219 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 219.8 Proof of financial responsibility before restoring operating privilege or registration.

(a) Operating privilege. When the Department suspends the operating privilege of a person under 75 Pa.C.S. § § 1784 or 1785 (relating to proof of financial responsibility following violation or proof of financial responsibility following accident), the Department will not restore the operating privilege until the person furnishes proof of financial responsibility in a manner to be determined by the Department and remits the $25 fee for reinstatement of operating privilege as required by 75 Pa.C.S. § 1960 (relating to reinstatement of operating privileges).

(b) Registration. When the Department revokes the registration of a vehicle under 75 Pa.C.S. § § 1784 or 1785, the Department will not restore the registration until the vehicle owner furnishes proof of financial responsibility in a manner to be determined by the Department and submits an application for registration to the Department, accompanied by the applicable fee.

History

• Authority: The provisions of this Chapter 219 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 219 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

Chapter 221 Obligations of Insurer and Vehicle Owners

67 Pa. Code § 221.1 Required financial responsibility.

The Commissioner and the Secretary of Transportation, by this chapter, set forth the obligations of insurers and vehicle owners under 75 Pa.C.S. § 1704 (relating to administration of chapter).

History

• Authority: The provisions of this Chapter 221 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 221 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 221.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Commissioner—The Insurance Commissioner of the Commonwealth. Department—The Department of Transportation of the Commonwealth. Financial responsibility—A motor vehicle liability insurance policy or program of self insurance, complying with the requirements of 75 Pa.C.S. § 1787 (relating to self-insurance) and approved by the Department, covering all motor vehicles registered in a person’s name. Insurance company—A company licensed to write motor vehicle liability insurance in this Commonwealth, or a company which is not authorized to write motor vehicle liability insurance in this Commonwealth but which has filed with the Department a power of attorney under 75 Pa.C.S. § 1782 (relating to manner of providing proof of financial responsibility). Magnetic tape—A magnetically encoded computer tape which is machine readable by the installed computer system of the Department and which conforms with technical filing specifications set forth by the Department. NAIC company code number—A unique identification number assigned by the National Association of Insurance Commissioners Central Office to an insurance company. Servicing agent—A person or organization designated by an insurance company to prepare, transmit or deliver records on magnetic tape on behalf of the insurance company.

History

• Authority: The provisions of this Chapter 221 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 221 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 221.3 Obligations upon termination of insurance.

(a) Notice required. An insurer who has issued a contract of motor vehicle liability insurance and knows or has reason to believe that the contract is for the purpose of providing financial responsibility, shall immediately notify the Department if the insurance has been cancelled or terminated by the insured or by the insurer. The insurer shall notify the Department not later than 10 days following the effective date of the cancellation or termination. This requirement shall not apply to a policy which has been in effect for more than 6 months from the date the policy was initially issued.

(b) Form of notice. The notice of cancellation or termination of motor vehicle liability insurance coverage shall be provided by the insurer upon 24 pound paper stock. The form shall be a one-page, single-copy form, printed on both sides, head to head. Additional parts for use by the company may be attached. The finished size shall be 7 3/8 inches wide by 3 1/2 inches high. The window box for the address shall be 3 1/2 inches by 1 inch, located 1/4 inch from the left side of the form, 1 inch from the bottom of the form.

(1) Side one of the form shall be completed by the insurer and filed with the Department. The name of the insurer, preceded by the NAIC Company Code Number, must be preprinted or typed in the area immediately below the title of the form. All information pertaining to the policy number, name and address of the policyholder, effective and termination dates, and vehicle description must be typed or computer produced. Handwritten forms or forms with an inaccurate vehicle description—vehicle identification number—will not be accepted. The name of the vehicle owner shall be provided by the insurer, in addition to that of the policyholder, if the insurer’s records indicate that the policyholder is not the owner of the vehicle.

(2) After receipt of the form by the Department, the Department will forward the form to the policyholder who shall, within 10 days of the date printed on the notice, complete side two and return the form to the Bureau of Driver Licensing.

(c) Magnetic tapes. Except as provided in subsection (e), the notice of termination shall be transmitted to the Department on a magnetic tape supplied by the insurance company or servicing agent beginning on October 1, 1985, in accordance with technical filing specifications set forth by the Department.

(d) Notice not required. An insurer shall not forward a notice of cancellation or termination of motor vehicle liability insurance coverage to the Bureau of Driver Licensing if there is a change in the vehicles to be insured, provided coverage under the policy remains continuously in effect.

(e) Manual filings. An insurance company which insures fewer than 10,000 private passenger automobiles in this Commonwealth on a calendar year basis may request authorization from the Commissioner to meet the reporting requirements of subsection (a) in a typed or computer generated format as specified in subsection (b). Requests for authorization must be submitted in writing by an officer of the company and will be approved based upon the company’s statement of eligibility. Approval will be conditioned upon the understanding that all required reporting will be provided in a typed or computer generated format specified in subsection (b) until either the company advises the Commissioner in writing that it wishes the authorization to be rescinded or the Commissioner advises the company in writing that it no longer meets the eligibility requirements.

History

• Authority: The provisions of this Chapter 221 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 221 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 221.4 Suspension of vehicle registration.

Upon failure of the owner to provide the Department with the required evidence of financial responsibility upon the termination or cancellation of motor vehicle liability insurance coverage, the Department will suspend the registration of the vehicle for which the owner has ceased to maintain financial responsibility after first giving the owner written notice. The written notice will be mailed to the owner at his last known address.

History

• Authority: The provisions of this Chapter 221 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 221 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

Chapter 223 Self-Insurance

67 Pa. Code § 223.1 Purpose.

The purpose of this chapter is to establish the qualifications and the procedures which a person must meet in order to be approved by the Department as a self-insurer under 75 Pa.C.S. § § 1701—1798 (relating to the Motor Vehicle Financial Responsibility Law).

History

• Authority: The provisions of this Chapter 223 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 223 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 223.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—75 Pa.C.S. § § 1701—1798 (relating to the Motor Vehicle Financial Responsibility Law). Department—The Department of Transportation of the Commonwealth. Person—A natural person, firm, copartnership, association, corporation or government agency or authority. Self-insurer—A person designated as an approved self-insurer by the Department.

History

• Authority: The provisions of this Chapter 223 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 223 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 223.3 Proposal.

(a) A person desiring to qualify as a self-insurer shall file a proposal of self-insurance with the Department for approval. The proposal shall include the following:

(1) Application for self-insurance.

(2) Master self-insurance and security agreement.

(3) A balance sheet and income statement which shall reflect the actual financial condition of the person as of the last complete calendar or fiscal year preceding the date of the proposal; and in the case of an individual or nonbusiness entity that it truly reflects his financial condition and income as of that time; and in the case of a corporation or partnership, it will be certified by a certified public accountant or responsible accounting officer of the entity. The information will be confidential, and the Department will not release the information unless it has the prior written consent of the self-insurer.

(b) If a certificate of self-insurance is issued, the following information shall be filed annually with the Department on a calendar year basis on or before March 1:

(1) Renewal application for self-insurance.

(2) A balance sheet and income statement which shall reflect the actual financial condition of the person as of the last complete calendar or preceding fiscal year; and in the case of an individual or nonbusiness entity that it truly reflects his financial condition and income as of that time; and in the case of a corporation or partnership, it shall be certified by a certified public accountant or responsible accounting officer of the entity. The information will be confidential, and the Department will not release the information unless it has the prior written consent of the self-insurer.

History

• Authority: The provisions of this Chapter 223 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 223 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 223.4 Approval requirements.

(a) No person shall be approved as a self-insurer unless it posts certain minimum collateral with the Department to meet the duties of a self-insurer under the act. This subsection may not apply to government agencies or authorities.

(b) The minimum required security that must be furnished to the Department is, for one secured vehicle, $50,000, and for each additional vehicle, $10,000, up to a maximum of $1,000,000.

(c) Only the following shall be accepted as valid collateral for self-insurance purposes:

(1) United-States currency, including United States Treasury bills, United States Treasury notes or other negotiable obligations of the United States Government. United States Savings Bonds are not negotiable.

(2) Evidence of escrow deposits in Federal or State banks, credit unions, or savings and loan associations if federally insured. Escrow deposits shall be established for the sole purpose of providing security to meet the duties of a self-insurer.

(3) Irrevocable letters of credit issued by a bank in this Commonwealth or another bank as approved by the Department.

(4) Surety bonds issued by insurers authorized or eligible to do business in this Commonwealth.

(5) Bonds or other negotiable obligations issued by a state, subdivision or instrumentality of a state in the United States, if not in default as to principal or interest.

(6) Corporate bonds, issued by an entity other than the proposed self-insurer, rated A or better by Moody’s Bond Record, Moody’s Investors Service, Inc.

(7) Other security approved upon petition to the Department.

(d) The Department will hold the collateral furnished for the benefit of the persons to whom the self-insurer is obligated.

(1) The self-insurer shall pay for all obligations incurred under the act by assets readily reduced to liquid assets, such as demand deposits, time deposits, negotiable instruments and other assets which may be readily reduced to liquid form.

(2) If the self-insurer is not able to discharge its obligations, the self-insurer may petition the Department to release the collateral posted as is necessary to satisfy the obligations of the self-insurer.

(3) If withdrawals from collateral are required, the self-insurer must replace the security within 72 hours from the date of withdrawal, in order to retain its certificate as a self-insurer.

(e) Each self-insurer shall annually furnish to the Department a report of all claims incurred during the preceding calendar year. The report shall be included on the Renewal Application for Self-Insurance.

(f) If, based on the number of claims incurred by the self-insurer, the Department determines the collateral furnished is inadequate, it may require additional security and more frequent report of claims incurred.

History

• Authority: The provisions of this Chapter 223 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 223 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 223.5 Certificate.

Upon approval by the Department of a self-insurance proposal, a self-insurance certificate will be issued to the person covered by the proposal. The certificate shall be renewed annually, after such review as the Department deems appropriate.

This section cited in 31 Pa. Code § 67.22 (relating to definitions); 52 Pa. Code § 32.15 (relating to applications to self-insure); and 52 Pa. Code § 1025.4 (relating to applications to self-insure).

History

• Authority: The provisions of this Chapter 223 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 223 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 223.6 Self-insurance identification card.

A self-insurer shall issue an identification card for each vehicle covered by self-insurance as set forth in Subchapter B of 31 Pa. Code Chapter 67 (relating to evidence of financial responsibility).

History

• Authority: The provisions of this Chapter 223 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 223 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

67 Pa. Code § 223.7 Cancellation of certificate.

The Department will cancel the certificate of self-insurance if it finds that the self-insurer has not maintained adequate collateral or has not discharged its obligations under the act.

History

• Authority: The provisions of this Chapter 223 issued under sections 506 and 1502 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 223 adopted September 28, 1984, effective September 29, 1984, 14 Pa.

Chapter 225 Installment Payment of Judgments

67 Pa. Code § 225.1 Purpose; authority.

(a) Purpose. The purpose of this chapter is to establish guidelines for suspension of operating privileges for nonpayment of judgments arising from a motor vehicle accident and default on installment payments of such judgments.

(b) Authority. This chapter is authorized under 75 Pa.C.S. § 6103(a) (relating to promulgation of rules and regulations by department).

The provisions of this § 225.1 issued under the Vehicle Code, 75 Pa.C.S. § § 1772 and 1773. Editor’s note: the Vehicle Code, 75 Pa.C.S. § § 1742 and 1743 used by the agency in deposited document at 12 Pa.B. 1499 (May 8, 1982).

The provisions of this § 225.1 amended May 7, 1982, effective May 8, 1982, 12 Pa.B. 1499. Immediately preceding text appears at serial page (63669).

History

• Authority: The provisions of this Chapter 225 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 225 adopted August 28, 1981, effective August 29, 1981, 11 Pa.

67 Pa. Code § 225.2 Installment payment of judgments.

A judgment debtor may do either of the following:

(1) Upon due notice to the judgment creditor, apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments. The court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may order and fix the amounts and times of payment of the installments.

(2) Enter into an installment payment agreement with the judgment creditor or the judgment creditor’s attorney, if applicable.

History

• Authority: The provisions of this Chapter 225 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 225 adopted August 28, 1981, effective August 29, 1981, 11 Pa.

67 Pa. Code § 225.3 Suspension prohibited during compliance with order of agreement.

The Department will not suspend a driver’s operating privilege and will restore any operating privilege suspended following nonpayment of a judgment when the judgment debtor obtains an order or enters into an agreement with the judgment creditor permitting payment of the judgment in installments and while the payment of any installment is not in default—if the judgment debtor furnishes proof of financial responsibility.

The provisions of this § 225.3 issued under the Vehicle Code, 75 Pa.C.S. § § 1772 and 1773. Editor’s note: the Vehicle Code, 75 Pa.C.S. § § 1742 and 1743 used by the agency in deposited document at 12 Pa.B. 1499 (May 8, 1982).

The provisions of this § 225.3 amended May 7, 1982, effective May 8, 1982, 12 Pa.B. 1499. Immediately preceding text appears at serial page (63669).

History

• Authority: The provisions of this Chapter 225 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 225 adopted August 28, 1981, effective August 29, 1981, 11 Pa.

67 Pa. Code § 225.4 Suspension for default in payment.

In the event the judgment debtor fails to pay any installment as specified by the order or agreement, then, upon notice of the default, the Department will suspend the operating privilege of the judgment debtor until the judgment is satisfied in full with no further restorations.

The provisions of this § 225.4 issued under the Vehicle Code, 75 Pa.C.S. § § 1772 and 1773. Editor’s note: the Vehicle Code, 75 Pa.C.S. § § 1742 and 1743 used by the agency in deposited document at 12 Pa.B. 1499 (May 8, 1982).

The provisions of this § 225.4 amended May 7, 1982, effective May 8, 1982, 12 Pa.B. 1499. Immediately preceding text appears at serial page (63669).

History

• Authority: The provisions of this Chapter 225 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 225 adopted August 28, 1981, effective August 29, 1981, 11 Pa.

Chapter 227 Seizure of Registration Plate and Card and Drivers’ License

67 Pa. Code § 227.1 Purpose.

The purpose of this chapter is to specify the manner of selecting Department employes and State and local police to seize registration plates and cards and drivers’ licenses which have been suspended or revoked under 75 Pa.C.S. § § 1376(a) and 1540(c) (relating to surrender of registration plates and cards upon suspension and surrender of license).

History

• Authority: The provisions of this Chapter 227 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 227 adopted February 27, 1987, effective February 28, 1987, 17 Pa.

67 Pa. Code § 227.2 Persons authorized to conduct seizures.

The following persons are authorized to seize a registration plate and card or driver’s license of a person upon determining that the registration or operating privilege is suspended or revoked:

(1) A State or local police officer or Department employe engaged in either weighing vehicles or a systematic vehicle inspection program.

(2) A State or local police officer engaged in the enforcement of the Vehicle Code or other law enforcement duty and a Department employe, assigned to the Deputy Secretary for Safety Administration, who is engaged in administering 75 Pa.C.S. § § 101—9910 (relating to the Vehicle Code).

(3) A State or local police officer who is in possession of written authorization from the Department.

History

• Authority: The provisions of this Chapter 227 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 227 adopted February 27, 1987, effective February 28, 1987, 17 Pa.

67 Pa. Code § 227.3 Immediate submission to Department.

(a) General rule. A registration plate and card or driver’s license seized under this chapter shall be forwarded immediately to the Department accompanied by a form prescribed by the Department.

(b) Evidence. If the police officer determines that the registration plate, card or driver’s license is required for evidentiary purposes, the form shall be forwarded to the Department with an explanation as to the disposition of the registration plate, card or driver’s license.

History

• Authority: The provisions of this Chapter 227 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 227 adopted February 27, 1987, effective February 28, 1987, 17 Pa.

Chapter 233 Transportation Enhancement Grants from Automated Red Light Enforcement System Revenues

67 Pa. Code § 233.1 Purpose.

This chapter sets forth requirements and criteria relating to transportation enhancement grants from automated red light enforcement system revenues.

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

67 Pa. Code § 233.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Automated red light enforcement system—A vehicle sensor installed to work in conjunction with a traffic-control signal which automatically produces one or more recorded images of a vehicle at the time the vehicle is used or operated in a manner which is a violation under 75 Pa.C.S. § 3112(a)(3) (relating to traffic-control signals). Department—The Department of Transportation of the Commonwealth. Director—The Director of the Center for Program Development and Management of the Department. Grant—An offer of funding assistance from the Department to a sponsor for a project governed by this chapter. Highway—

(i) The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

(ii) The term includes a roadway open to the use of the public for vehicular travel on grounds of a college or university or public or private school or public or historic park. Local government—County, municipal, and other local boards or bodies having authority to enact laws relating to traffic. Official traffic-control devices—Signs, signals, markings and devices not inconsistent with 75 Pa.C.S. (relating to Vehicle Code) placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. Recorded image—An image recorded by an automated red light enforcement system on a photograph, a digital image, or any other image-capture technology. Sponsor—A local government, metropolitan planning organization, rural planning organization, county planning organization, or Commonwealth agency applying for, or receiving, a transportation enhancement grant under this chapter. Traffic—Pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances, whether singly or together, using any highway for purposes of travel. Traffic-control signal—A device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. Vehicle—

(i) Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks.

(ii) The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

67 Pa. Code § 233.3 Eligibility requirements and criteria.

(a) The minimum requirement for eligibility to apply for a transportation enhancement grant under this chapter is that the project must involve improvement to highway safety and mobility within this Commonwealth.

(b) It is the intent of this grant program to fund worthwhile projects that can be completed at a relatively low cost.

(c) All projects may be considered for a transportation enhancement grant from automated red light enforcement system revenues, with the exception of transportation impact studies and highway improvements that are the responsibility of the applicant for a Department Highway Occupancy Permit.

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

67 Pa. Code § 233.4 Limits of funding.

Grants under this chapter may cover the entire cost of an eligible project, so matching funds are not required. Grants may also be used for a portion of a larger project if other funding sources are secured.

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

67 Pa. Code § 233.5 Application procedure.

(a) A sponsor shall submit a written request in the form of an application to the Director: Attention—Transportation Enhancement Grants from Automated Red Light Enforcement System Revenues, Bureau of Program Development and Management, 400 North Street; 6th Floor, Harrisburg, PA 17120, or e-mail to: ARLE[lowbar]Grants@state.pa.us.

(b) The application shall be prepared in accordance with instructions provided by the Department. The application must contain sufficient information to enable the Department to complete its evaluation of the proposed project.

(c) An application must set forth, as a minimum, the following information:

(1) Project description. Provide a general description of the project and the objectives that are desired to be achieved.

(2) Project location. Provide a location map. Clearly identify the beginning and ending points of the project, the associated counties, municipalities, routes, segments, and offsets. Provide a general description of the location of the project and the surrounding area. Indicate roadway type/classification and length of the project in miles. Provide information on annual average daily traffic (AADT), current roadway geometry (number of lanes), speed limits, adjoining land uses, and number/location of signalized intersections.

(3) Official traffic-control device description. For projects involving official traffic-control devices, briefly describe the existing official traffic-control devices.

(4) Project justification. Outline why this project is being nominated for this grant program and the benefits that would be obtained.

(5) Potential improvements and cost. Provide a description of the potential improvements, and their associated estimated costs. Estimated costs should be as detailed and accurate as possible, and include all aspects of the project (design, construction, and the like).

(6) Schedule. Provide information that indicates the time frame necessary to complete the project. Indicate whether the project can be completed during 1 year or if it would be a multiyear project.

(7) Other programmed projects. Describe any other improvement projects that are in the vicinity of the proposed project and have been programmed on the Regional Transportation Improvement Program (include location, time frame, cost, and the like).

(8) Anticipated development. Describe any known major developments that are anticipated within the next 10 years in the vicinity of the proposed project.

(9) Professional engineer. Identify the professional engineer or consulting engineering firm that will provide engineering services for the project.

(10) Contact person. Provide the name, address, telephone number and e-mail address of a contact person for the sponsor.

(11) Other information. The sponsor shall provide other information related to the project that the sponsor believes may justify the project or that is requested by the Department.

(d) The sponsor shall complete the application and submit it before the deadline under § 233.6 (relating to deadline for applications).

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

67 Pa. Code § 233.6 Deadline for applications.

(a) Applications for transportation enhancement grants under this chapter will be considered on an annual basis. From the completed applications on file for a given year, projects will be selected for grants. Applications on file, but incomplete, may be excluded from consideration for grants in that year.

(b) During the initial year of the grant program, sponsors may submit a completed application within the time period established by the Department by notice in the Pennsylvania Bulletin. In years following the initial year of the grant program, sponsors may submit a completed application for a transportation enhancement grant under this chapter beginning on June 1 of each year until the close of business on June 30 of that year.

(c) If the deadline for applications occurs on a weekend or legal holiday when Commonwealth offices are closed, the deadline will be the close of the next business day.

(d) The Department may consider applications for transportation enhancement grants under this chapter which may be technically incomplete on the application deadline, but which are made complete within 3 weeks of the close of the application period.

This section cited in § 233.5 (relating to application procedure).

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

67 Pa. Code § 233.7 Public records.

An application for a transportation enhancement grant under this chapter will be considered a public record at the time of filing, and will be made available for inspection.

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

67 Pa. Code § 233.8 Grant selection process and criteria.

(a) Consideration. Following the closing date for receipt of applications, properly completed applications filed within the application period will be considered for grants to be awarded during the current calendar year.

(b) Additional information. If it is determined that an application is incomplete and that additional information is necessary, the sponsor shall provide that additional information to allow further consideration of the application.

(c) Review by Director. The Director will review and evaluate applications with respect to applicable criteria for project funding, available funds, and current priorities for traffic safety and mobility.

(d) Criteria used in review. In considering an application, the Director will give weight and consideration to the following criteria:

(1) The sponsor’s past maintenance and operational history for traffic-control signals, official traffic-control devices, or other items of work that are project components.

(2) The anticipated benefits of the project considering traffic safety benefits, mobility benefits and delay reduction, energy savings and greenhouse gas reductions.

(3) The estimated cost of the project.

(4) The local and regional impact of the project.

(5) The results of similar types of projects that have already been completed.

(6) The results of previous projects completed by the sponsor.

(7) Cost sharing by sponsor or other entities.

(8) Other Department traffic safety and mobility priorities.

(e) Discretion in evaluation. In consideration of the various criteria applicable to the review of an application, the Department may take into account unique or special factors that may arise in the administration of the grant program.

(f) Debriefing. At the request of a sponsor, the Department will conduct a debriefing with a sponsor whose application has been denied.

(g) Distribution of grant funding. Distribution of grant funding will be as follows:

(1) Fifty percent of the grant revenues generated through an automated red light enforcement program will be used exclusively for funding of transportation enhancement grants in the local government entity in which the violation was prosecuted.

(2) The remaining 50% of the grant revenues generated through the automated red light enforcement program will be available for funding of transportation enhancement grants to eligible sponsors throughout this Commonwealth.

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

67 Pa. Code § 233.9 Offer and acceptance of a grant.

(a) Issuance of grant offers. The Department will, in writing, notify each sponsor who has submitted an application whether or not they will receive a grant offer.

(b) Grant agreement. A grant offer issued to a sponsor will describe any specific grant conditions and include such conditions as terms in the accompanying grant agreement.

(c) Grant conditions. The Department may or may not fully fund the entire cost of the project. The grant agreement will specify the total amount to be funded under the grant offer, the scope of the project, the items of work to be included, and an anticipated project completion date. The Department may also require sponsors to conduct before and after studies to determine project effectiveness.

(d) Acceptance. A sponsor who has received a grant offer shall, within 30 days indicate, by registered mail, acceptance of the offer.

(1) Acceptance of an offer is not binding on a sponsor until the execution of the grant agreement between the Department and the sponsor.

(2) Failure of a sponsor to indicate acceptance of the terms of an offer within the 30-day response period will be considered as a rejection of the offer and withdrawal of the application.

(e) Discretion of Department. Unless otherwise restricted by statute, the Department has absolute discretion in the selection of projects and in the determination of funding levels, priorities, critical project selection criteria, project phasing, project design and specifications and performance criteria.

(f) Amendments to projects. In the consideration of an application, the Department may determine that a proposed project should be amended to accommodate available funding, application traffic design criteria, anticipated use, or to better accommodate potential user needs. The Department may offer a transportation enhancement grant under this chapter for a project whose cost, specifications, terms, or scope have been modified by the Department.

(g) Consultation does not insure offer. In the event that the Department confers with a sponsor to amend a proposed project, the sponsor should understand that consultation and amendment does not insure that an offer will be made.

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

67 Pa. Code § 233.10 Standards, methods, techniques, designs, and special conditions.

(a) The Department reserves the right to specify or make determinations as to the standards, methods, techniques, designs and dimensional criteria acceptable in projects funded by transportation enhancement grants under this chapter.

(b) The design and construction of an approved project are subject to the review and approval of the Department, including costs, materials, plans, specifications, and design and operational details.

(c) Failure to meet special conditions, performance criteria or specifications may result in the withdrawal of the transportation enhancement grant, disqualification from future consideration for a transportation enhancement grant under this chapter, or declaration of a sponsor to be in default of the terms of the grant agreement.

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

67 Pa. Code § 233.11 Audit and recordkeeping.

(a) General.

(1) A sponsor receiving a transportation enhancement grant under this chapter shall keep records as the Department may prescribe, including records which fully disclose the amount and the disposition by the sponsor of the grant proceeds, the total cost of the plan or program in connection with which the transportation enhancement grant is given or used, and the amount and nature of that portion of the cost of the plan or program supplied by other sources, as well as records that will facilitate an effective audit.

(2) The Department will have access, for the purpose of audit and examination, to books, documents, papers, and records of the sponsor that are pertinent to a transportation enhancement grant issued under this chapter. This includes progress audits during the project.

(3) A sponsor is required to establish and maintain an adequate accounting record for an individual project, which will allow the Department to verify the costs incurred for the project.

(4) A sponsor shall maintain effective control over and accountability for all funds, property and other assets. Sponsors shall adequately safeguard assets and assure that they are used solely for authorized purposes.

(5) A sponsor shall establish procedures to minimize the time elapsing between the transfer of funds from the Department and the disbursement by the sponsor whenever funds are advanced by the Department. If this elapsed time exceeds the time frame delineated in the terms of the grant agreement, the Department may require the return of interest earned on payments made.

(6) The sponsor shall include, in any contract related to the grant, a clause which allows the Department access to the sponsor’s contractor’s records for purposes of accounting and audit.

(b) Retention of records.

(1) A sponsor shall retain, for 3 years after the date of the submission of the final Department payment, documentary evidence such as invoices, cost estimates and negotiation documents relating to any item of project cost. These documents include, but are not limited to, vendor’s invoices, applicable purchase orders, receiving reports, inventory records, method of pricing, returns, catalog cuts, plans, inspection reports, final inspection report showing acceptance of the project, and a record of disposition or correction of unsatisfactory work.

(2) A sponsor shall retain for 3 years after the date of the submission of the final Department payment, evidence of payments for items of project costs including, but not limited to, vouchers, cancelled checks or warrants, and receipts for cash payments.

(3) If audit findings have not been resolved, records shall be retained until the findings have been resolved.

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

67 Pa. Code § 233.12 Inspection.

(a) The Department or an agency of the Commonwealth, or both, or person designated or authorized by the Department has the absolute right to inspect, without notice, the project sites, proposed project sites, records, and construction materials relating to a project funded by a transportation enhancement grant from automated red light enforcement system revenues.

(b) An inspection ordered by the Department or conducted under its authority may include, but not necessarily be limited to, the reproduction and examination of records, the taking of samples applicable to evaluation or project quality control, or the assessment of any factor relevant to a project, application, or contracts and terms related to the process for transportation enhancement grants from automated red light enforcement system revenues.

(c) A sponsor’s denial of access to records, failure to produce records or obstruction with an inspection may result in withdrawal of the transportation enhancement grant and disqualification from future consideration for a transportation enhancement grant under this chapter.

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

67 Pa. Code § 233.13 Payment procedures.

Unless otherwise specified by the Department, the following general procedures are to be used for funds from a transportation enhancement grant under this chapter:

(1) Prior to disbursement of funds, the Department reserves the right to conduct inspections or testing, or to review and audit records or accounts to validate, to the satisfaction of the Department, that disbursement of funds is warranted.

(2) A sponsor, having received payment or partial payment or reimbursement under a transportation enhancement grant under this chapter, shall make payments, within 30 calendar days from receipt of funds, to vendors and contractors for services and materials properly invoiced under the project.

(3) A sponsor shall forward requests for payment to the Department on the forms provided or in a manner specified by the Department. A request must include submission of actual cost documentation, consisting of approved contract estimates of work-in-place, approved invoices or other evidence of incurred costs, satisfactory to the Department. The final 10% of the total payment will not be paid by the sponsor until final inspection and approval of the project by the Department.

(4) Payment requests shall be limited to monthly submissions.

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

67 Pa. Code § 233.14 Liability; forfeiture of funds; repayment.

If a sponsor fails to comply with the terms of a transportation enhancement grant issued under this chapter, the sponsor shall immediately reimburse the Department the amount for which a demand is made by the Department.

This section cited in § 233.16 (relating to appeal).

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

67 Pa. Code § 233.15 Waiver.

(a) Waiver of requirements. The Department may waive requirements to submit specific maps, reports, plans, information, or data normally required for a grant application. The waivers may be granted only after written request to the Director and formal written response to the sponsor by the Director prior to submission of the completed application to the Bureau.

(b) Special projects procedures. The Department may develop modified procedures for grant applications pertaining to Department-specified projects funded by transportation enhancement grants under this chapter.

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

67 Pa. Code § 233.16 Appeal.

A person aggrieved by a decision of the Department under § 233.14 (relating to liability; forfeiture of funds; repayment) may take an appeal under 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).

History

• Authority: The provisions of this Chapter 233 issued under 75 Pa.
• Source: The provisions of this Chapter 233 adopted October 29, 2010, effective October 30, 2010, 40 Pa.

Chapter 251 Location of Replacement VIN Plates

67 Pa. Code § 251.1 Purpose.

This chapter designates the manner in which a State replacement vehicle identification number (VIN) plate shall be placed on a vehicle as required by 75 Pa.C.S. § 7104 (relating to State replacement vehicle identification number plate).

History

• Authority: The provisions of this Chapter 251 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 251 adopted August 19, 1977, effective August 20, 1977, 7 Pa.

67 Pa. Code § 251.2 Location of replacement VIN plates.

Every owner to whom the Department issues a State replacement VIN plate shall immediately upon its receipt attach the plate to the vehicle according to the following rules:

(1) On motorcycles, to the frame in the area of the steering head, on the left side.

(2) On motor vehicles not having a front engine compartment, to the firewall in the engine compartment as close to the top as possible.

(3) On all motor vehicles other than specified in paragraphs (1) and (2), to the firewall under the hood on the extreme right (passenger) side, as close to the top of the firewall as possible.

(4) On house, utility, boat and similar trailers, to the right front of the tongue, not on the hitch assembly.

(5) On semitrailers other than those enumerated in paragraph (4), to the extreme lower right part of the front of the trailer, not on the frame or rail.

History

• Authority: The provisions of this Chapter 251 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 251 adopted August 19, 1977, effective August 20, 1977, 7 Pa.

Chapter 253 Salvors

67 Pa. Code § 253.1 Purpose.

This chapter establishes rules governing the qualifications and duties of salvors in removing and disposing of abandoned vehicles, as provided by 75 Pa.C.S. § 7301 (relating to authorization of salvors).

The provisions of this § 253.1 adopted August 19, 1977, effective August 20, 1977, 7 Pa.B. 2362; amended September 28, 1990, effective September 29, 1990, 20 Pa.B. 4957. Immediately preceding text appears at serial page (57800).

History

• Authority: The provisions of this Chapter 253 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 253 adopted August 19, 1977, effective August 20, 1977, 7 Pa.

67 Pa. Code § 253.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Abandoned vehicle—

(1) A vehicle, other than a pedalcycle, shall be presumed to be abandoned under one or more of the following circumstances, but the presumption is rebuttable by a preponderance of the evidence:

(i) The vehicle is physically inoperable and is left unattended on a highway or other public property for more than 48 hours.

(ii) The vehicle has remained illegally on a highway or other public property for more than 48 hours.

(iii) The vehicle is left unattended on or along a highway or other public property for more than 48 hours and does not bear the following:

(A) A valid registration plate.

(B) A certificate of inspection.

(C) An ascertainable vehicle identification number.

(iv) The vehicle has remained on private property without the consent of the owner or person in control of the property for more than 48 hours.

(2) Vehicles and equipment used or to be used in construction or in the operation or maintenance of highways or public utility facilities, which are left in a manner which does not interfere with the normal movement of traffic, will not be considered to be abandoned. Bureau—The Bureau of Motor Vehicles of the Department. Department—The Department of Transportation of the Commonwealth. Established place of business—The place actually occupied either continuously or at regular periods by a salvor where the books and records are kept and a large share of the business is transacted. Police department—The State Police or the law enforcement agency of a county, city or incorporated town, borough or township. Salvor—A person engaged in the business of acquiring abandoned vehicles for the purpose of taking apart, junking, selling, rebuilding or exchanging the vehicles or parts thereof. Valueless except for junk—A vehicle which is inoperable, lacks vehicle equipment required under 75 Pa.C.S. § § 4101—4983 (relating to vehicle characteristics), or lacks essential parts as a result of removal or destruction of the essential parts to the extent that the costs of repairs would exceed the value of the repaired vehicle. The term does not include a vehicle which would qualify as an antique or classic vehicle except for its lack of restoration or maintenance. Vehicle identification number—A combination of numerals or letters, or both, which the manufacturer assigns to a vehicle for identification purposes, or, in the absence of a manufacturer-assigned number, which the Department assigns to a vehicle for identification purposes. Vehicle identification number plate—The primary and official identification plate, tag or label of a vehicle, whether of metal, plastic or other material on which is indented, embossed, painted or otherwise noted a unique combination of numerals or letters, or both, of the manufacturer for public identification purposes, or the metal special identification number plate assigned to a vehicle by the Department. The term does not include a secondary plate, label or tag affixed to a vehicle for purposes such as safety certification, notation of oil change mileage, and the like even though the label or plate bears the vehicle identification number of the vehicle.

The provisions of this § 253.2 adopted August 19, 1977, effective August 20, 1977, 7 Pa.B. 2362; amended September 28, 1990, effective September 29, 1990, 20 Pa.B. 4957. Immediately preceding text appears at serial pages (57800) to (57801).

History

• Authority: The provisions of this Chapter 253 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 253 adopted August 19, 1977, effective August 20, 1977, 7 Pa.

67 Pa. Code § 253.3 Application for certification of authorization.

(a) Criteria for applicants. A person wishing to be authorized as a salvor shall meet the following conditions:

(1) The applicant shall have and maintain an established place of business.

(2) The applicant shall be a vehicle salvage dealer as defined in 75 Pa.C.S. § 1337(c) (relating to use of ‘‘Miscellaneous Motor Vehicle Business’’ registration plates).

(3) The applicant shall be the owner or lessee of adequate storage facilities.

(i) Adequate storage facilities means an open or closed space of at least 5,000 square feet reserved solely for the storage of abandoned motor vehicles.

(ii) The storage facility shall comply with the act of July 28, 1966, 3rd Special Session (P. L. 91, No. 4) (36 P. S. § § 2719.1—2719.15), known as the Junkyard and Automotive Recycler Screening Law, pertaining to licensing and screening of junk yards if the place of business of the salvor is within 1,000 feet of an interstate or primary highway.

(4) The applicant shall own or rent suitable equipment for the towing of abandoned vehicles. Suitable equipment shall be a 1 ton or more truck specifically designed or adapted for use to tow or haul abandoned vehicles.

(b) Application procedure. A person wishing to be authorized as a salvor shall apply on a form provided by the Bureau which shall be accompanied by the following documents:

(1) A bond in the amount of $10,000.

(i) The bond posted on behalf of the salvor shall indemnify the public and the Department against damages incurred as a result of negligence or intentional conduct by the principal and the employes thereof. The bond shall cover all places of business operated by the salvor.

(ii) If the bond is withdrawn by the bonding company or the bonding company becomes insolvent, the certificate of authorization to operate as a salvor shall be automatically suspended or terminated until the salvor furnishes the Commonwealth with a substitute bond in the amount required by law.

(2) A copy of the lease or deed of the applicant’s place of business.

(c) Opportunity for review. If the Department denies an application for a certificate of authorization, the Department will provide the applicant with a letter listing the reasons for denial and an opportunity to show cause why the application should not be denied.

(d) Temporary certificate of authorization. After reviewing an application, the Bureau may issue a temporary certificate of authorization. The temporary certificate of authorization will be issued for 60 days, during which period the Bureau may cause an investigation to be made of the operations of the salvor. When the temporary certificate of authorization expires, the Bureau may issue a regular certificate of authorization or, if the processing of the application has not been completed, the Bureau will renew the temporary certificate of authorization.

The provisions of this § 253.3 adopted August 19, 1977, effective August 20, 1977, 7 Pa.B. 2362; amended September 28, 1990, effective September 29, 1990, 20 Pa.B. 4957. Immediately preceding text appears at serial pages (57801) to (57802).

History

• Authority: The provisions of this Chapter 253 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 253 adopted August 19, 1977, effective August 20, 1977, 7 Pa.

67 Pa. Code § 253.4 Operation of business.

(a) Display of certificate of authorization. Every salvor shall display its certificate of authorization in its place of business, and a supplemental certificate in any branch office or other place of business.

(b) Notice of name or address changes. Every salvor shall notify the Department within 5 days of a change in a mailing or business address, or of a change in name.

(c) Maintenance of records. The salvor shall maintain a separate record on each abandoned vehicle in its possession. If the abandoned vehicle is sold, this transaction shall be recorded in the appropriate file. The files shall be maintained for at least 3 years.

(d) Security. The salvor shall maintain at each place of business facilities such as locking cabinets or other similar equipment which shall meet the approval of the Bureau for assuring the security of documents. The documents shall be secured in the facilities during nonbusiness hours.

(e) Transfer of certificate of authorization. A certificate of authorization may not be transferred and shall be valid only for the owner in whose name it is issued.

(1) In the case of a change of ownership, the salvor shall notify the Bureau within 5 days.

(2) The following are regarded as changes of ownership:

(i) When the owner takes a new partner.

(ii) When the owner sells the business.

(iii) When the business is incorporated.

(iv) When a controlling interest in a corporation is sold.

(v) When an owner retires or dies.

(f) Inspection of records. Records required by the Department to be maintained by the salvor in carrying out its duties under this chapter shall be subject to periodic inspection by authorized representatives of the Department or its designated agents, under the following conditions:

(i) Place. The inspection will be conducted at the salvor’s established place of business.

(ii) Time. The inspection will be conducted during regular business hours.

(iii) Scope. The inspection will be limited to examination of the records, as well as vehicles or parts of vehicles which are subject to the recordkeeping requirements of this chapter and which are on the premises.

The provisions of this § 253.4 adopted August 19, 1977, effective August 20, 1977, 7 Pa.B. 2362; amended September 28, 1990, effective September 29, 1990, 20 Pa.B. 4957. Immediately preceding text appears at serial pages (90316) to (90317).

History

• Authority: The provisions of this Chapter 253 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 253 adopted August 19, 1977, effective August 20, 1977, 7 Pa.

67 Pa. Code § 253.5 Acquisition of abandoned vehicles.

(a) Police request to remove vehicle. A salvor may not refuse the request of a police department to tow an abandoned vehicle, except when the vehicle is located more than 30 miles from the place of business of the salvor.

(b) Receipt of police request prior to removing vehicle. The appropriate form provided by the Department, properly completed by the police department, shall be received by the salvor prior to the movement of the vehicle, except when the owner or person in control of private property requests the removal of a vehicle valueless except for junk.

(c) Duty to report possession of abandoned vehicle. The salvor shall send to the Department, within 48 hours of taking possession of a vehicle, the fully completed Departmental form, as provided in subsection (b).

The provisions of this § 253.5 adopted August 19, 1977, effective August 20, 1977, 7 Pa.B. 2362; amended September 28, 1990, effective September 29, 1990, 20 Pa.B. 4957. Immediately preceding text appears at serial page (90317)

This section cited in 67 Pa. Code § 253.6 (relating to vehicles valueless except for junk).

History

• Authority: The provisions of this Chapter 253 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 253 adopted August 19, 1977, effective August 20, 1977, 7 Pa.

67 Pa. Code § 253.6 Vehicles valueless except for junk.

The salvor who has removed a vehicle declared to be valueless except for junk shall submit the appropriate form and comply with the following:

(1) Send to the Department with the completed appropriate form, as provided in § 253.5(b) (relating to acquisition of abandoned vehicles), one or more photographs of the vehicle.

(i) One photograph will be acceptable if it clearly shows the extent of damage, deterioration, or both, of the vehicle to substantiate the declaration of ‘‘valueless except for junk.’’

(ii) Two or more photographs shall be submitted if necessary to show the extent of damage, state of deterioration, or both, the age and model identity, and the like, for substantiating the claim.

(2) If the vehicle was removed from private property under 75 Pa.C.S. § 1117(c) (relating to vehicle destroyed or junked), furnish a copy of the salvor’s report of possession and statement of condition to a police department.

The provisions of this § 253.6 adopted August 19, 1977, effective August 20, 1977, 7 Pa.B. 2362; amended September 28, 1990, effective September 29, 1990, 20 Pa.B. 4957. Immediately preceding text appears at serial page (90317).

This section cited in 67 Pa. Code § 253.6 (relating to vehicles valueless except for junk).

History

• Authority: The provisions of this Chapter 253 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 253 adopted August 19, 1977, effective August 20, 1977, 7 Pa.

67 Pa. Code § 253.7 Sanctions for violations by salvors.

(a) Schedule. After providing for an opportunity for a hearing, the Department may impose suspensions or sanctions on a salvor, according to the following schedules of violations by the salvor, when the Department finds upon sufficient evidence that:

(b) Second and subsequent offenses. Second offenses are determined on the basis of a previous offense of the same nature committed within a 3-year period. Third or subsequent offenses are determined on the basis of two or more previous violations of the same nature committed within a 3-year period.

(c) Multiple offenses. In the case of multiple offenses considered at one time, the Department may impose separate sanctions for each violation under the schedule in subsection (a). The Department may direct that a suspension imposed be served concurrently or consecutively.

(d) Vehicle salvage dealer registration suspension. If the salvor’s registration in the vehicle salvage dealer class of Miscellaneous Motor Vehicle Business is suspended under Chapter 53 (relating to manufacturers, dealers and miscellaneous motor vehicle businesses registration plates), the salvor shall also be suspended from operating as a salvor for the same period of time.

(e) Suspension authority reserved. The description of grounds for suspension or revocation in subsection (a) does not limit the authority of the Department to suspend or revoke the salvor’s certificate of authorization for one or more of the following:

(1) Commission of an offense not described in subsection (a), but which is similar in nature and effect.

(2) Conviction or acceptance of accelerated rehabilitative disposition of an offense under the laws of this Commonwealth, another state or the United States involving motor vehicles or moral turpitude.

(f) Revocation. Upon revocation of a salvor’s certificate of authorization, the salvor shall be prohibited from reapplying for a new certificate of authorization for at least 1 year, or longer as otherwise determined by the Department. The salvor shall be required to surrender his certificate of authorization to an authorized representative of the Department.

The provisions of this § 253.7 adopted September 28, 1990, effective September 29, 1990, 20 Pa.B. 4957.

History

• Authority: The provisions of this Chapter 253 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 253 adopted August 19, 1977, effective August 20, 1977, 7 Pa.

Chapter 255 Messenger Services

67 Pa. Code § 255.1 Purpose.

This chapter establishes rules governing the qualifications and duties of messenger services as provided in 75 Pa.C.S. § 7501 (relating to authorization of messenger service).

The provisions of this § 255.1 adopted September 9, 1977, effective September 10, 1977, 7 Pa.B. 2608; readopted May 26, 1989, effective immediately and applies retroactively to May 5, 1989, 19 Pa.B. 2253. Immediately preceding text appears at serial page (127691).

History

• Authority: The provisions of this Chapter 255 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 255 adopted September 9, 1977, effective September 10, 1977, 7 Pa.

67 Pa. Code § 255.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Bureau—The Bureau of Motor Vehicles of the Department of Transportation. Decentralized service agent—A messenger service which is also authorized to issue on behalf of the Department to qualified applicants temporary learner’s permits, vehicle registration renewals, driver’s license renewals, and the like. Documents—Certificates of title, motor vehicle registrations or renewals, learners’ permits, drivers’ licenses or renewals, vehicle sales and use tax returns, duplicates of certificates of title, motor vehicle registrations or drivers’ licenses, inspection stickers, changes of address and applications and supporting documents, such as birth and death certificates, court orders, and the like. Messenger service—A person who, for a fee, advertises, offers or provides to the public the service of delivering and obtaining documents to and from the Department. A dealer or employe who delivers and obtains documents only for purchasers of vehicles from the dealer is not a messenger service. This exclusion does not apply to a person who handles documents for more than one dealer. Person—Includes a corporation, partnership and association, as well as a natural person. Place of business—The place occupied either continuously or at regular periods by a messenger service where the books and records are kept and where a messenger service which offers personal counter service to customers transacts a large share of its business.

The provisions of this § 255.2 amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 7501(a).

The provisions of this § 255.2 adopted September 9, 1977, effective September 10, 1977, 7 Pa.B. 2608; readopted May 26, 1989, effective immediately and applies retroactively to May 5, 1989, 19 Pa.B. 2253; amended May 4, 1984, effective May 21, 1984, 14 Pa.B. 1561. Immediately preceding text appears at serial pages (127691) to (127692).

History

• Authority: The provisions of this Chapter 255 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 255 adopted September 9, 1977, effective September 10, 1977, 7 Pa.

67 Pa. Code § 255.3 Certificate of authorization.

(a) Application procedure. A person wishing to be authorized to operate a messenger service shall make application to the Bureau on forms furnished by the Bureau. The application shall include all of the following:

(1) Photographs, interior and exterior, of the proposed place of business of the applicant, including branch offices, if any.

(2) A letter of reference from a bank.

(3) Three letters of reference from reputable business concerns.

(4) A set of fingerprints of the applicant, or principals of a partnership or corporation.

(5) The prescribed annual fee for the principal place of business of the applicant and branch offices, if any. The fee will be returned if the application is denied.

(6) The prescribed bond, on the form of the Department or a surety’s binding commitment to issue the bond upon approval of the application.

(7) A listing of outstanding liabilities due and owing to the Commonwealth, if any.

(8) The names and social security numbers of owners, officers and employes of the messenger service.

(b) Review of application. The Department will examine and determine the genuineness, regularity and legality of every application for a certificate of authorization as a messenger service. The Department may cause an investigation of the applicant to be made with regard to any of the following:

(1) Condition of the applicant’s proposed business premises.

(2) Department and other Commonwealth records pertaining to the business or an owner, officer or agent.

(3) The personal history of an owner, officer or agent.

(4) An unsatisfied judgment against the business, owner or officer in the county where the business is doing business, or where the owner and officers reside.

(5) The driving record of an owner, officer or agent, who will be transporting documents.

(6) Credit rating of the business and its owners, and officers.

(7) Assets and liabilities of the business.

(c) The Department may deny an application for a certificate of authorization upon determining that the applicant is not capable of performing the duties of a messenger service in a manner consistent with the public interest due to any of the following:

(1) Information revealed in the investigation.

(2) The applicant’s failure to disclose required material information.

(3) The applicant’s making of a materially false statement on the application.

(d) Opportunity for review. If the Department denies an application for a certificate of authorization, the Department will provide the applicant with an opportunity to show cause why the application should not be denied.

(e) Temporary certificate of authorization. After reviewing an application, the Bureau may issue a temporary certificate of authorization. The temporary certificate of authorization will be issued for 60 days, during which period the Bureau may cause an investigation to be made of the operations of the messenger service. When the temporary certificate of authorization expires, the Bureau may either deny or issue a regular certificate of authorization.

(f) Issuance of certificate of authorization. If the Bureau determines that the applicant is capable of performing the duties of a messenger service in a manner consistent with the public interest and the applicable fees are paid, a certificate of authorization will be issued to the applicant. The certificate of authorization will be issued on a fiscal year basis. In no case will a certificate of authorization be issued for more than 12 months. Certificates of authorization will expire on June 30 of each calendar year.

(g) Renewal of certificate of authorization. A certificate of authorization shall be renewed annually on a form provided by the Bureau.

(h) Transfer of certificate of authorization. A certificate of authorization may not be transferred and shall be valid only for the owners in whose names it is issued.

(1) In the case of a change of ownership, the messenger service shall notify the Bureau within 5 days.

(2) The following are regarded as changes of ownership:

(i) Whenever the owner takes a new partner.

(ii) Whenever the owner sells the business.

(iii) Incorporation of a business.

(iv) Sale of controlling interest in a corporation.

The provisions of this § 255.3 amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 7501(a).

The provisions of this § 255.3 adopted September 9, 1977, effective September 10, 1977, 7 Pa.B. 2608; amended May 4, 1984, effective May 21, 1984, 14 Pa.B. 1561; readopted May 26, 1989, effective immediately and applies retroactively to May 5, 1989, 19 Pa.B. 2253. Immediately preceding text appears at serial pages (127692) and (90320) to (90321).

History

• Authority: The provisions of this Chapter 255 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 255 adopted September 9, 1977, effective September 10, 1977, 7 Pa.

67 Pa. Code § 255.4 Bond.

(a) General. Messengers shall file and maintain with the Department bonds in the amount as set forth in the Messenger Services Agreement, executed by a surety company authorized by law to transact business within this Commonwealth.

(1) The bond shall be for the use of the Commonwealth and persons who have sustained a monetary loss attributable to the intentional or negligent conduct of the messenger service or its agents or employees, including, but not limited to, losses incurred in negotiating checks or other instruments drawn by the messenger service.

(2) If the amount of the bond is decreased, or if there is a final judgment outstanding on the bond, the messenger service’s certificate of authorization shall be suspended until steps are taken, satisfactory to the Department, to do one of the following:

(i) Restore the original amount of the bond.

(ii) Satisfy the judgment.

(b) Substitute. If the bond is terminated or becomes unsatisfactory for any reason, the authorization to operate a messenger service will be suspended or terminated until the messenger service furnishes the Commonwealth with a satisfactory substitute bond in the amount required by the Messenger Services Agreement.

The provisions of this § 255.4 amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 7501(a).

The provisions of this § 255.4 adopted September 9, 1977, effective September 10, 1977, 7 Pa.B. 2608; amended May 4, 1984, effective May 21, 1984, 14 Pa.B. 1561; readopted May 26, 1989, effective immediately and applies retroactively to May 5, 1989, 19 Pa.B. 2253; amended October 5, 2012, effective October 6, 2012, 42 Pa.B. 6291. Immediately preceding text appears at serial pages (227746) to (227747).

History

• Authority: The provisions of this Chapter 255 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 255 adopted September 9, 1977, effective September 10, 1977, 7 Pa.

67 Pa. Code § 255.5 Duties of messenger service.

(a) Posting. Messenger services shall post in a conspicuous manner at their place of business, including branch offices:

(1) Their certificates of authorization.

(2) The schedule of motor vehicle fees provided by the Bureau.

(3) The schedule of fees of the messenger service.

(b) Schedule. Messenger services which offer personal counter services to customers shall maintain a place of business, open to the public during regularly scheduled hours. The schedule shall be posted so as to be visible from the exterior of the place of business.

(c) Security. Messenger services shall maintain at each place of business facilities, such as locking cabinets or other similar equipment, for assuring the security of documents. The documents shall be secured in these facilities during nonbusiness hours.

(d) Submission of documents. Messenger services shall submit documents for processing by the Department through the Messenger Service Center. The Department may provide facilities for handling priority work to the extent that the facilities can be made available without burdening its general public service facilities.

(e) Time limits. Messenger services shall submit documents to the Department within 5 days after the messenger’s receipt of all necessary and fully executed documents. Work processed by the Department shall be picked up by the messenger service within 48 hours after being placed in the box of the messenger service. At the time when a suspension notice is served on a messenger service, executed documents are to be provided to the authorized Commonwealth employes for processing by the Department. Work processed in this situation will be mailed by the Department to the customer of the messenger service.

(f) Number and date of submission. Messenger services shall place their messenger number and date of submission on documents, including checks, submitted to the Department.

(g) Receipts. Messenger services, when providing personal counter services to customers, shall complete an itemized receipt, in duplicate, which lists the fees payable to the Commonwealth, as well as the fees charged for the messenger’s services. The original shall be given to the customer, and the duplicate shall be retained by the messenger service for a period of 2 years.

(h) Records. Messenger services shall maintain a record of documents submitted to the Department for a period of 2 years, the records to include the date of submission to the Department, the name, vehicle identification or operator number of the applicant, and any other information pertinent to the particular document.

(i) Identification card. The Bureau shall issue identification cards to messengers and employes who deliver documents to and obtain documents from the Department, which identification cards shall be displayed at all times these persons are in the Department on business related to the messenger service. If a duplicate card is required to replace one that was lost, stolen, destroyed or became illegible, a duplicate card will be issued upon the filing of an application and payment of a fee of $2.

(j) Inspections. Documents in the possession of the messenger service and records of transactions conducted by the messenger service shall be open to inspection by an authorized Commonwealth employe during normal working hours.

(k) Sign. Authorized messenger services which offer personal counter services to customers shall display on the outside of each place of business an identifying sign of durable material which meets the following specifications:

(1) Shall contain the words ‘‘authorized messenger service’’ or ‘‘authorized motor vehicle messenger service.’’

(2) May not:

(i) Contain a Pennsylvania Department of Transportation emblem.

(ii) Contain the terms ‘‘Bureau of Motor Vehicles’’, ‘‘official’’ or another term which could be construed by the general public to imply the messenger service is an agency of the Commonwealth.

(l) New employes. Messenger services shall notify the Bureau of the names and social security numbers of new employes of the messenger service within no more than 30 days of the Bureau’s request for the information.

(m) Return of documents to the Department. The messenger service is responsible for returning to the Department a registration card or plate, driver license, dealer title or similar document which the messenger service has held for 60 days and has been unable to deliver to the applicant.

The provisions of this § 255.5 amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 7501(a).

The provisions of this § 255.5 adopted September 9, 1977, effective September 10, 1977, 7 Pa.B. 2608; amended May 4, 1984, effective May 21, 1984, 14 Pa.B. 1561; readopted May 26, 1989, effective immediately and applies retroactively to May 5, 1989, 19 Pa.B. 2253. Immediately preceding text appears at serial pages (90322) to (90324).

Timely Delivery of Documents

Delivery of automobile title application to licensed messenger service is not the equivalent of delivery of the document to the Department and does not act as timely delivery of the application. However, when a car dealer gave automobile title applications to a messenger service within 7 days of purchase, it reasonably assumed that the service would comply with subsection (e) and deliver the documents within the requisite 20-day period. Thus, the car dealer was under no continuing obligation to monitor the delivery of the title documents once they were in the possession of the service. Gary Barbera Dodge, Inc. v. DOT, Bureau of Motor Vehicles, 700 A.2d 922 (Pa. 1997).

History

• Authority: The provisions of this Chapter 255 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 255 adopted September 9, 1977, effective September 10, 1977, 7 Pa.

67 Pa. Code § 255.5a Decentralized service program.

(a) Decentralized service agent. A messenger service may participate in the decentralized service program by obtaining authorization from the Bureau to issue on behalf of the Department to qualified applicants temporary learner’s permits, vehicle registration renewals, driver license renewals and other specified items. To obtain authorization as a decentralized service agent, a messenger service agent shall agree to handle decentralized service program forms in the manner outlined in subsection (b).

(b) Decentralized service forms. A messenger service which participates in the decentralized service program is responsible for obtaining and handling decentralized service forms as follows:

(1) Department to provide. Decentralized service forms will be provided by the Bureau through its Messenger Service Center to decentralized service agents.

(2) Request for Departmental forms. A decentralized service agent shall request decentralized service forms in a manner specified by the Department. Authorization shall be given in writing by the owner of the messenger service for an employe to receive completed orders of the forms. The completed order shall be signed for by the owner of the messenger service or the authorized employe of the messenger service, who shall present proper identification as issued by the Department.

(3) Lost or stolen Departmental forms. In the event that decentralized service forms are lost or stolen, the decentralized service agent shall report the occurrence to the Department within 48 hours after the agent’s discovery of the loss or theft of the forms.

(4) Mutilated Departmental forms. In the event that a decentralized service form is mutilated by the decentralized service agent, the agent shall apply for replacement of the document on forms provided by the Department. Copies of the form shall be returned to the Department in order for the agent to receive a replacement.

(5) Invalid Departmental forms. In the event that a decentralized service form is deemed invalid due to defect or an error on the part of the Department, the decentralized service agent shall apply for a replacement of the document on forms provided by the Department. Copies of the defective form shall be returned to the Department with the application for replacement.

(6) Issuance of forms. Decentralized service forms shall be issued in numerical sequence by control number. The agent shall obtain permission for the Bureau in the manner prescribed, to issue the forms, in those cases where prior permission is required by the Department.

(7) Submission of applications. Decentralized service agents shall submit the appropriate copy of a form used for decentralized services to the Messenger Service Center of the Bureau within 5 days of the date of issuance to an applicant.

(8) Identification and other documentation. Decentralized service agents shall require that an applicant present proper identification and other documentation as required by the Department’s operating procedures for decentralized services, before issuing a decentralized service form.

(9) Maintenance of copies of forms. Decentralized service agents shall maintain copies of all decentralized service forms issued to customers and of all related documents submitted to the Department for at least 2 years from the date of issuance. These records are to be maintained in numerical sequence by form control number at the office where the form was issued.

The provisions of this § 255.5a issued under the Vehicle Code, 75 Pa.C.S. § § 6103 and 7501(a).

The provisions of this § 255.5a adopted May 4, 1984, effective May 21, 1984, 14 Pa.B. 1561; readopted May 26, 1989, effective immediately and applies retroactively to May 5, 1989, 19 Pa.B. 2253. Immediately preceding text appears at serial pages (90324) to (90325).

History

• Authority: The provisions of this Chapter 255 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 255 adopted September 9, 1977, effective September 10, 1977, 7 Pa.

67 Pa. Code § 255.6 Certified checks may be required.

The Department may, in its discretion, require certified checks, postal or other money orders or cash from any messenger service after a default in the payment of checks or drafts of the messenger service.

The provisions of this § 255.6 issued under the Vehicle Code, 75 Pa.C.S. § § 6103 and 7501(a).

The provisions of this § 255.6 adopted September 9, 1977, effective September 10, 1977, 7 Pa.B. 2608; amended May 4, 1984, effective May 21, 1984, 14 Pa.B. 1561; readopted May 26, 1989, effective immediately and applies retroactively to May 5, 1989, 19 Pa.B. 2253. Immediately preceding text appears at serial page (90326).

History

• Authority: The provisions of this Chapter 255 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 255 adopted September 9, 1977, effective September 10, 1977, 7 Pa.

67 Pa. Code § 255.8 Restoration.

The Department will charge a fee of $25 to restore a messenger service certificate of authorization following a suspension.

The provisions of this § 255.8 issued under the Vehicle Code, 75 Pa.C.S. § § 6103 and 7501(a).

The provisions of this § 255.8 adopted May 4, 1984, effective May 21, 1984, 14 Pa.B. 1561; readopted May 26, 1989, effective immediately and applies retroactively to May 5, 1989, 19 Pa.B. 2253. Immediately preceding text appears at serial page (90331).

History

• Authority: The provisions of this Chapter 255 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 255 adopted September 9, 1977, effective September 10, 1977, 7 Pa.

Chapter 257 Inspection and Certification of Electric Mass Transit Vehicles

67 Pa. Code § 257.1 Scope and authority.

(a) Scope. This chapter shall apply to electric mass transit operators, but shall not apply to motor buses or other highway vehicles subject to vehicle registration and inspection requirements of the Vehicle Code and Department regulations. This chapter shall not apply to rail passenger equipment subject to Safety Standards of the Federal Railroad Administration (49 CFR 230) or to inclines or elevators regulated by the Department of Labor and Industry.

(b) Authority. This chapter is adopted under the authority of 75 Pa.C.S. § 6103 as amended by act of June 18, 1980 (No. 67).

History

• Authority: The provisions of this Chapter 257 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 257 adopted December 19, 1980, effective December 20, 1980, 10 Pa.

67 Pa. Code § 257.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise: Electric mass transit vehicle—An electrically propelled device designed and used for the transportation of 15 or more passengers for compensation, including subway cars, trolleys, and trackless trolleys. Inspection—An inspection performed under the supervision of an inspector. Routine preventative and other maintenance procedures, by themselves, shall not constitute an inspection. Inspector—A person designated by a mass transit operator to conduct an inspection. Mass transit operator—A company, authority or any other transportation entity responsible for the operation and maintenance of electric mass transit vehicles. Official inspection—A semiannual inspection performed under applicable provisions of law and Department regulations. An official inspection must include inspection of all safety items identified in this chapter. Vehicle—An electric mass transit vehicle.

History

• Authority: The provisions of this Chapter 257 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 257 adopted December 19, 1980, effective December 20, 1980, 10 Pa.

67 Pa. Code § 257.3 Certificate of inspection.

(a) General rule. By November 1, 1981, all electric mass transit vehicles shall display a currently valid certificate of inspection in order to be operated in revenue passenger service. A certificate of inspection shall be displayed only after an official inspection has been made and the electric mass transit vehicle has been found to be in compliance with inspection and equipment requirements of this chapter. Certificates of inspection shall be issued and affixed twice a year in accordance with the quarterly inspection periods established in § 175.5 (relating to semiannual inspection).

(b) Display. Certificates of inspection shall be affixed to the inside of a front window or a window of the operator’s compartment of an electric mass transit vehicle, placed in such a manner so as to be readily identifiable from the exterior of the vehicle. Vehicles which are permanently attached and operated as a multiple unit may be considered one electric mass transit vehicle, requiring only one inspection certificate for the multiple unit. Certificates of inspection shall be placed at a uniform location on all electric mass transit vehicles of the same type. Certificates of inspection shall be issued and accounted for in accordance with Chapter 175, Subchapters B and Q (relating to official inspection stations and certificate of inspection).

The provisions of this § 257.3 amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2776. Immediately preceding text appears at serial page (59856).

History

• Authority: The provisions of this Chapter 257 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 257 adopted December 19, 1980, effective December 20, 1980, 10 Pa.

67 Pa. Code § 257.4 Fleet inspection stations.

Official inspections of electric mass transit vehicles shall be performed and certificates of inspection issued only at fleet inspection stations appointed in accordance with Chapter 175, Subchapter B (relating to official inspection stations).

History

• Authority: The provisions of this Chapter 257 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 257 adopted December 19, 1980, effective December 20, 1980, 10 Pa.

67 Pa. Code § 257.5 Certification of inspectors.

Official inspections shall be performed only under the supervision of and certified by an inspector. An inspector must meet the qualifications established by the mass transit operator and be certified in accordance with applicable provisions of Department regulations. Inspectors must possess proven competence in the area of operation and maintenance of electric mass transit vehicles for which they are responsible.

History

• Authority: The provisions of this Chapter 257 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 257 adopted December 19, 1980, effective December 20, 1980, 10 Pa.

67 Pa. Code § 257.6 Responsibility for inspections.

(a) General rule. Mass transit operators shall be responsible for the inspection, maintenance, and repair of all electric mass transit vehicles which they operate. It is the responsibility of the mass transit operator to insure that proper inspections, tests and repairs are made, inspectors are qualified, reports are made and filed as required, and that electric mass transit vehicles in revenue service are maintained in a condition to meet the requirements of the law and Department regulations.

(b) Additional safety rules. Nothing contained in this chapter shall be construed as prohibiting a mass transit operator from implementing and enforcing additional rules or requirements designed to provide a greater degree of reliability and safety of electric mass transit vehicles.

(c) Additional inspections. In addition to official inspections, a mass transit operator shall, if necessary, schedule and perform additional inspections to insure that all electric mass transit vehicles in revenue service, which have a certificate of inspection affixed, meet the requirements of this chapter.

History

• Authority: The provisions of this Chapter 257 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 257 adopted December 19, 1980, effective December 20, 1980, 10 Pa.

67 Pa. Code § 257.7 Equipment numbers.

Each electric mass transit vehicle shall be identified by an equipment number clearly visible and identifiable on both the exterior and interior of the vehicle. All reports and records required by this chapter shall identify the particular electric mass transit vehicle by its equipment number. The Department must be notified of any changes in equipment numbers.

History

• Authority: The provisions of this Chapter 257 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 257 adopted December 19, 1980, effective December 20, 1980, 10 Pa.

67 Pa. Code § 257.8 Inventory.

Within 60 days of the adoption of this chapter, each mass transit operator shall submit to the Department a complete inventory of electric mass transit vehicles it operates. The inventory shall identify electric mass transit vehicles specifically by equipment number, vehicle type, manufacturer and year of manufacture.

History

• Authority: The provisions of this Chapter 257 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 257 adopted December 19, 1980, effective December 20, 1980, 10 Pa.

67 Pa. Code § 257.9 Inspector qualification.

Within 60 days of the adoption of this chapter, each mass transit operator shall submit for approval by the Department its criteria and qualifications for inspectors, stating requirements as to training, experience and competence.

This section cited in 67 Pa. Code § 257.13 (relating to semiannual report).

History

• Authority: The provisions of this Chapter 257 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 257 adopted December 19, 1980, effective December 20, 1980, 10 Pa.

67 Pa. Code § 257.10 Inspection schedule.

Within 60 days of the adoption of this chapter, each mass transit operator shall submit for approval by the Department an inspection schedule for each type of electric mass transit vehicle it operates. The schedule may be based upon elapsed time, hours of vehicle operation, or miles of vehicle operation. Such factors as recommendation of the manufacturer, age of equipment, usage, and vehicle type shall be considered in establishing inspection schedules.

This section cited in 67 Pa. Code § 257.13 (relating to semiannual report).

History

• Authority: The provisions of this Chapter 257 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 257 adopted December 19, 1980, effective December 20, 1980, 10 Pa.

67 Pa. Code § 257.11 Inspection procedure manuals.

Within 60 days of the adoption of this chapter, each mass transit operator shall submit for approval by the Department its inspection procedure manual for each type of electric mass transit vehicle operated, specifying the means by which components requiring inspection are checked and the basis for adjusting or replacing these components.

This section cited in 67 Pa. Code § 257.13 (relating to semiannual report); and 67 Pa. Code § 257.14 (relating to official inspections).

History

• Authority: The provisions of this Chapter 257 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 257 adopted December 19, 1980, effective December 20, 1980, 10 Pa.

67 Pa. Code § 257.12 Records of inspection.

(a) Contents. Beginning February 1, 1981, each mass transit operator shall keep a record of all official and other inspections, indicating vehicle equipment number, date of inspection, inspection station, accumulated vehicle mileage, specific vehicle components inspected or repaired, and the individual mechanic performing the inspection or repair. Inspectors shall certify that the inspections were performed by signing and dating the records involved. The records required by this section relate only to inspections.

(b) Maintenance. Mass transit operators shall maintain the records required by this section for a period of at least 7 years from the date of inspection. Mass transit operators shall make the records available to the Department or to the State Police upon request.

This section cited in 67 Pa. Code § 257.13 (relating to semiannual report).

History

• Authority: The provisions of this Chapter 257 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 257 adopted December 19, 1980, effective December 20, 1980, 10 Pa.

67 Pa. Code § 257.13 Semiannual report.

Within 30 days after each 6 month period ending April 30 and October 31 of each year, each mass transit operator shall submit a semiannual report to the Department on a form provided by or approved by the Department. The semiannual report shall include information contained in the records required by § 257.12 (relating to records of inspection) except information relating to specific vehicle components inspected or repaired and identification of the individual mechanic performing the inspections or repairs. The semiannual report shall also identify vehicles removed from or returned to service, vehicles permanently retired and new vehicles added to the inventory. A change in vehicle equipment numbers shall be reported at this time. Proposed revisions to any of the items required by § § 257.9, 257.10 or 257.11 (relating to inspector qualification; inspection schedule; and inspection procedure manuals) shall be submitted with the semiannual report for Department approval.

History

• Authority: The provisions of this Chapter 257 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 257 adopted December 19, 1980, effective December 20, 1980, 10 Pa.

67 Pa. Code § 257.14 Official inspections.

Each official inspection shall include applicable systems and components of electric mass transit vehicles identified in this section. Systems and components identified in this section on an electric mass transit vehicle shall function properly. Safety defects discovered during an inspection shall be noted as part of a mass transit operator’s detailed inspection records and shall be corrected before a vehicle is returned to revenue service. Inspections shall be performed in accordance with approved Department procedures, as provided for in § 257.11 (relating to inspection procedure manuals). Inspections shall include a determination of the condition and, when applicable, the operation of the following systems and components of electric mass transit vehicles:

(1) Braking systems. Including air, electric, dynamic, track and hand brakes as well as emergency, deadman and signaltrip lever systems, and sanding devices.

(2) Lighting systems. Including all exterior and interior lights as well as instrument and emergency lighting.

(3) Glazing and operator visibility. Including windshield, body and door windows, mirrors, and windshield wipers.

(4) Warning devices. Such as horn or gong.

(5) Doors and door controls. Including operation of sensitive edges, treadles, door-brake interlock, multiple unit controls and emergency exit devices.

(6) Wheel, axle and truck assembly.

(7) Electric current collection system. Including overhead wire on third rail systems.

(8) Electrical wiring and components. Including battery, line switches, breakers, relays, controller, motor-generator and short circuit indicator.

(9) Multiple unit components. Including couplers, cables, hoses, safety chains and gates.

(10) Interior components. Including seat frame and mounting, stanchions and other standee support devices, flooring and steps.

(11) Trackless trolley components. Including tires and steering.

History

• Authority: The provisions of this Chapter 257 issued under the Vehicle Code, 75 Pa.
• Source: The provisions of this Chapter 257 adopted December 19, 1980, effective December 20, 1980, 10 Pa.

Subpart B Nonvehicle Code Provisions

Chapter 401 Mobile Home Titling

67 Pa. Code § 401.1 Purpose.

This chapter establishes rules, procedures and fees for carrying into effect the provisions of the Mobile Home Titling Act (68 P. S. § § 1001—1011).

The provisions of this § 401.1 adopted September 30, 1977, effective October 1, 1977, 7 Pa.B. 2807; readopted September 8, 1989, effective September 9, 1989, 19 Pa.B. 3829. Immediately preceding text appears at serial pages (95369) to (95370).

History

• Authority: The provisions of this Chapter 401 issued under the Mobile Home Titling Act (68 P.
• Source: The provisions of this Chapter 401 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 401.2 General.

The applicable provisions of 75 Pa.C.S. § § 1101—1119 (relating to certificate of title), which are not inconsistent with the Mobile Home Titling Act (68 P. S. § § 1001—1011) and this chapter apply to the titling of mobile homes and the perfection of security interests therein.

The provisions of this § 401.2 adopted September 30, 1977, effective October 1, 1977, 7 Pa.B. 2807; readopted September 8, 1989, effective September 9, 1989, 19 Pa.B. 3829. Immediately preceding text appears at serial page (95370).

History

• Authority: The provisions of this Chapter 401 issued under the Mobile Home Titling Act (68 P.
• Source: The provisions of this Chapter 401 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 401.3 Duration of recorded lien.

A security interest recorded on a certificate of title or ownership for a mobile home is effective for a period of 15 years dating from the time of perfection as provided by law.

The provisions of this § 401.3 adopted September 30, 1977, effective October 1, 1977, 7 Pa.B. 2807; readopted September 8, 1989, effective September 9, 1989, 19 Pa.B. 3829. Immediately preceding text appears at serial page (95370).

History

• Authority: The provisions of this Chapter 401 issued under the Mobile Home Titling Act (68 P.
• Source: The provisions of this Chapter 401 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 401.4 Fees.

(a) Certificate of title or ownership. The fee for a certificate of title or ownership for a mobile home is $15.

(b) Miscellaneous. Other applicable provisions of 75 Pa.C.S. § § 1901—1960 (relating to fees), apply to the titling of mobile homes.

The provisions of this § 401.4 adopted December 16, 1977, effective December 17, 1977, 7 Pa.B. 3806; amended November 9, 1984, effective November 10, 1984, 14 Pa.B. 4067; readopted September 8, 1989, effective September 9, 1989, 19 Pa.B. 3829. Immediately preceding text appears at serial page (95370).

History

• Authority: The provisions of this Chapter 401 issued under the Mobile Home Titling Act (68 P.
• Source: The provisions of this Chapter 401 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

67 Pa. Code § 401.5 Cancellation.

(a) Certificate of title. The owner of a mobile home which has been permanently mounted on a foundation and affixed to real property may apply for cancellation of the certificate of title or ownership for the mobile home by completing the appropriate form furnished by the Department of Transportation and returning it with the certificate of title or ownership to the Department of Transportation.

(b) Outstanding liens. If there is an outstanding lien, the certificate of title or ownership will not be cancelled until the applicant submits satisfactory evidence that the lien has been recorded against the land on which the mobile home is located.

(c) Transfer after cancellation. In order to sell or transfer a mobile home without also selling or transferring the land on which it is located, the owner of the mobile home who intends to transfer the mobile home shall obtain a new certificate of title or ownership in accordance with the procedure set forth in subsection (d).

(d) Obtaining new certificate after cancellation. To obtain a new certificate of title after cancellation of a certificate, the owner of the mobile home shall submit to the Department of Transportation an application on the appropriate form, accompanied by the following documentation:

(1) Certificate from an attorney or title company that there is no mortgage, judgment or other lien of record against the mobile home; or, if there is a lien, a release executed by the lienholder and certified from the records of the Recorder of Deeds or Prothonotary, as appropriate.

(2) Copies of one of the following documents:

(i) The Departmental form, ‘‘Receipt For Mobile Home Title Cancellation,’’ properly endorsed by the Department and issued by the owner who intends to transfer the mobile home.

(ii) The deed to the land indicating ownership of the mobile home by the owner who intends to transfer the mobile home.

(iii) If neither document described in subparagraphs (i) or (ii) is available, a bill of sale for the mobile home issued to the intended transferor.

(3) The Department may require an affidavit detailing the chain of title and the circumstances of the acquisition of the mobile home by the intended transferor.

The provisions of this § 401.5 adopted September 30, 1977, effective October 1, 1977, 7 Pa.B. 2807; amended November 9, 1984, effective November 10, 1984, 14 Pa.B. 4067; readopted September 8, 1989, effective September 9, 1989, 19 Pa.B. 3829. Immediately preceding text appears at serial pages (95370) and (133047).

History

• Authority: The provisions of this Chapter 401 issued under the Mobile Home Titling Act (68 P.
• Source: The provisions of this Chapter 401 adopted September 30, 1977, effective October 1, 1977, 7 Pa.

Chapter 403 Hazardous Material Transportation

67 Pa. Code § 403.1 General information and requirements.

(a) Purpose. The purpose of this chapter is to prescribe the methods of packing, loading and unloading of hazardous materials; the specifications, marking, inspection, condition and equipment of vehicles transporting hazardous materials; the qualifications of drivers and other matters relating to operation of the vehicles; the routing and parking of the vehicles; and other factors affecting the nature and degree of risk involved in the transportation of hazardous materials.

(b) Application. Application shall include the following:

(1) Every shipper and motor carrier and its officers, drivers, agents, employees and representatives involved or related to the transportation of interstate or intrastate commerce, or both, shall comply with this chapter.

(2) Officers, agents, representatives, drivers and employees of shippers and carriers involved or concernedwith the management, maintenance, operation or driving of vehicles shall be conversant and knowledgeable with this chapter.

(c) General rule.

(1) Hazardous materials that do not comply with the requirements of this chapter may not be offered for transportation or transported.

(2) Hazardous materials which are manufactured, packaged, stored, loaded, unloaded or transported shall be open to inspection upon request by a Pennsylvania State Police Officer or qualified Commonwealth employee.

(3) No person may represent, by marking or otherwise, that a container or package for the transportation of hazardous materials is safe, certified or in compliance with the requirements of the Department unless the container or package meets the requirements of this chapter.

The provisions of this § 403.1 issued and amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 8302.

The provisions of this § 403.1 adopted July 27, 1979, effective November 1, 1979, 9 Pa.B. 2451; amended May 14, 1982, effective May 15, 1982, 12 Pa.B. 1583; readopted and amended December 2, 1988, effective upon publication and applies retroactively to November 5, 1988, 18 Pa.B. 5365; amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6839. Immediately preceding text appears at serial pages (371029) to (371030).

History

• Authority: The provisions of this Chapter 403 issued under section 6 of the Hazardous Substances Transportation Act (35 P.
• Source: The provisions of this Chapter 403 adopted July 27, 1979, effective November 1, 1979, 9 Pa.

67 Pa. Code § 403.4 Adoption of portions of 49 CFR by reference.

(a) The Department incorporates by reference the following portions of 49 CFR (relating to transportation):

(1) Part 171 (relating to general information, regulations, and definitions).

(2) Part 172 (relating to hazardous materials tables and hazardous materials communications regulations).

(3) Part 173 (relating to shippers—general requirements for shipments and packagings).

(4) Part 177 (relating to carriage by public highway).

(5) Part 178 (relating to shipping container specification).

(6) Part 180 (relating to continuing qualification and maintenance of packagings).

(7) Part 388 (relating to cooperative agreements with states).

(8) Part 397 (relating to transportation of hazardous materials; driving and parking rules).

(9) Part 107, Subparts F and G (relating to registration of cargo tank and cargo tank motor vehicle manufacturers, assemblers, repairers, inspectors, testers, and design certifying engineers; and registration of persons who offer or transport hazardous materials).

(b) Appropriate parts of 49 CFR may be obtained from the following:

(1) United States Government Printing Office, Book Store, Room 118, Federal Building, 1000 Liberty Avenue, Pittsburgh, Pennsylvania 15222, (412) 644-2721.

(2) United States Government Printing Office, Book Store, 100 North 17th Street, Robert Morris Building, Philadelphia, Pennsylvania 19103, (215) 597-0677.

(3) United States Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402, (202) 655-4000.

The provisions of this § 403.4 amended under Vehicle Code,the Vehicle Code, 75 Pa.C.S. § § 6103 and 8302.

The provisions of this § 403.4 adopted July 27, 1979, effective November 1, 1979, 9 Pa.B. 2451; amended May 14, 1982, effective May 15, 1982, 12 Pa.B. 1583; readopted and amended December 2, 1988, effective upon publication and applies retroactively to November 5, 1988, 18 Pa.B. 5365; amended March 18, 1994, effective March 19, 1994, 24 Pa.B. 1487; amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6839. Immediately preceding text appears at serial page (204456).

This section cited in 67 Pa. Code § 403.2 (relating to definitions).

History

• Authority: The provisions of this Chapter 403 issued under section 6 of the Hazardous Substances Transportation Act (35 P.
• Source: The provisions of this Chapter 403 adopted July 27, 1979, effective November 1, 1979, 9 Pa.

67 Pa. Code § 403.5 Interpretations of Federal Motor Carrier Safety Regulations, Federal Motor Carrier Safety Administration, United States Department of Transportation and Hazardous Materials Regulations, Pipeline and Hazardous Materials Safety Administration, United States Department of Transportation.

The Department will be guided by interpretations of the Federal Motor Carrier Safety Regulations issued by the Federal Motor Carrier Safety Administration, United States Department of Transportation, available at http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.aspx?section[lowbar]type=G., and Hazardous Materials Regulations issued by the Pipeline and Hazardous Materials Safety Administration, United States Department of Transportation, available at http://www.phmsa.dot.gov/regulations/title49/b/2/1.

The provisions of this § 403.5 amended under Vehicle Code,the Vehicle Code, 75 Pa.C.S. § § 6103 and 8302.

The provisions of this § 403.5 adopted July 27, 1979, effective November 1, 1979, 9 Pa.B. 2451; amended May 14, 1982, effective May 15, 1982, 12 Pa.B. 1583; readopted and amended December 2, 1988, effective upon publication and applies retroactively to November 5, 1988, 18 Pa.B. 5365; amended March 18, 1994, effective March 19, 1994, 24 Pa.B. 1487; amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6839. Immediately preceding text appears at serial page (204457).

This section cited in 67 Pa. Code § 403.2 (relating to definitions).

History

• Authority: The provisions of this Chapter 403 issued under section 6 of the Hazardous Substances Transportation Act (35 P.
• Source: The provisions of this Chapter 403 adopted July 27, 1979, effective November 1, 1979, 9 Pa.

67 Pa. Code § 403.6 Effect of incorporation of the Code of Federal Regulations.

To reconcile differences between this chapter and the incorporated sections of Federal regulations and to effectuate their joint enforcement, unless the context indicates otherwise, the following words and phrases shall be substituted for the language of the Federal regulations. A reference to an authorized representative or special agent of the United States Department of Transportation, the Federal Motor Carrier Safety Administration or the Pipeline and Hazardous Materials Safety Administration means a Pennsylvania State Police Officer or qualified Commonwealth employee as the term is defined in 75 Pa.C.S. § 4102 (relating to definitions).

The provisions of this § 403.6 amended under Vehicle Code,the Vehicle Code, 75 Pa.C.S. § § 6103 and 8302.

The provisions of this § 403.6 adopted July 27, 1979, effective November 1, 1979, 9 Pa.B. 2451; amended May 14, 1982, effective May 15, 1982, 12 Pa.B. 1583; corrected May 28, 1982, effective May 15, 1982, 12 Pa.B. 1583; readopted and amended December 2, 1988, effective upon publication and applies retroactively to November 5, 1988, 18 Pa.B. 5365; amended March 18, 1994, effective March 19, 1994, 24 Pa.B. 1487; amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6839. Immediately preceding text appears at serial pages (204457) to (204458).

History

• Authority: The provisions of this Chapter 403 issued under section 6 of the Hazardous Substances Transportation Act (35 P.
• Source: The provisions of this Chapter 403 adopted July 27, 1979, effective November 1, 1979, 9 Pa.

67 Pa. Code § 403.7 Supplemental rules and regulations.

(a) Towing of vehicles. A motor vehicle transporting hazardous materials in a quantity requiring the motor vehicle to display markings or placarding may not be towed on a highway except to remove the motor vehicle and cargo to the nearest place of safety, in the judgment of the carrier or its representative after consultation where possible with police, fire or other emergency personnel. The motor vehicle may not be moved until the hazardous materials are stable unless failure to do so would constitute a threat to persons or property. For requirements regarding accidents involving specific types of hazardous materials, see 49 CFR 177.854 (relating to disabled vehicles and broken or leaking packages; repairs).

(b) The Vehicle Code. Title 75 of the Pennsylvania Consolidated Statutes (relating to Vehicle Code), and provisions of this title not inconsistent with this chapter, apply to the transportation of hazardous materials.

(c) Presentation of documents. A driver of a vehicle transporting a hazardous material on a highway shall present upon request to a member of the State Police or qualified Commonwealth employee, as the term is defined in 75 Pa.C.S. § 4102 (relating to definitions), all documents required under this chapter to be in the driver’s possession.

The provisions of this § 403.7 amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 8302.

The provisions of this § 403.7 adopted July 27, 1979, effective November 1, 1979, 9 Pa.B. 2451; amended May 14, 1982, effective May 15, 1982, 12 Pa.B. 1583; readopted and amended December 2, 1988, effective upon publication and applies retroactively to November 5, 1988, 18 Pa.B. 5365; amended March 18, 1994, effective March 19, 1994, 24 Pa.B. 1487; amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6839. Immediately preceding text appears at serial pages (204458) and (302901).

History

• Authority: The provisions of this Chapter 403 issued under section 6 of the Hazardous Substances Transportation Act (35 P.
• Source: The provisions of this Chapter 403 adopted July 27, 1979, effective November 1, 1979, 9 Pa.

67 Pa. Code § 403.8a Out-of-service criteria.

(a) Application. In determining whether a vehicle or driver of a vehicle, or both, will be placed out-of-service under 75 Pa.C.S. § 4704(c) (relating to inspection by police or Commonwealth personnel), State Police and qualified Commonwealth employees will use the criteria in this chapter.

(b) Adoption of standards.

(1) General. The out-of-service criteria in the ‘‘North American Standard Out-of-Service Criteria’’ are incorporated by reference.

(2) Obtaining criteria. The ‘‘North American Standard Out-of-Service Criteria’’ may be obtained by contacting the Commercial Vehicle Safety Alliance, 1101 17th Street NW, Suite 803, Washington, D.C. 20036, (301) 830-6143.

The provisions of this § 403.8a issued and amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 8302.

The provisions of this § 403.8a adopted March 18, 1994, effective March 19, 1994, 24 Pa.B. 1487; amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6839. Immediately preceding text appears at serial pages (302902) and (204461).

History

• Authority: The provisions of this Chapter 403 issued under section 6 of the Hazardous Substances Transportation Act (35 P.
• Source: The provisions of this Chapter 403 adopted July 27, 1979, effective November 1, 1979, 9 Pa.

67 Pa. Code § 403.9 Penalties.

Penalties shall be as contained in 75 Pa.C.S. § 8306 (relating to penalties).

The provisions of this § 403.9 adopted July 27, 1979, effective November 1, 1979, 9 Pa.B. 2451; amended May 14, 1982, effective May 15, 1982, 12 Pa.B. 1583; readopted and amended December 2, 1988, effective upon publication and applies retroactively to November 5, 1988, 18 Pa.B. 5365. Immediately preceding text appears at serial pages (62015) and (91829).

History

• Authority: The provisions of this Chapter 403 issued under section 6 of the Hazardous Substances Transportation Act (35 P.
• Source: The provisions of this Chapter 403 adopted July 27, 1979, effective November 1, 1979, 9 Pa.

Chapter 425 Shared-Ride Transportation Service Reimbursement

67 Pa. Code § 425.1 Purpose.

This chapter establishes regulations governing shared-ride transportation service reimbursement authorized by section 203(5)(ii) and (iii) of the act (55 P. S. § 600.203(5)(ii) and (iii)).

The provisions of this § 425.1 adopted January 3, 1986, effective February 3, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial page (122902).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114, 116 (Pa. 1987).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Pennsylvania Urban Mass Transportation Law (55 P. S. § § 600.101—600.407). Area agency on aging—The local agency designated within a planning and service area to administer the delivery of a comprehensive and coordinated plan of social and other services and activities. Contractor—The eligible applicant under § 425.3 (relating to eligible applicants) or a coordinator responsible for shared-ride services. County transportation system—Buses, vans or other vehicles purchased, maintained and operated by a county and used to provide free or reduced rate transportation within the county to persons 65 years of age or older. Demand-responsive—Services which are available only upon advance reservation by the passenger. Department—The Department of Transportation of the Commonwealth. Health care facility—A general or special hospital including tuberculosis and psychiatric hospitals, rehabilitation facilities, skilled nursing facilities, kidney disease treatment centers, intermediate care facilities, drug or alcohol abuse or dependence centers, county health departments, community mental health centers, mental retardation centers and ambulatory surgical facilities. These facilities are both profit and nonprofit and include those operated by State or local governments. The term does not include offices used exclusively for private or group practice by health care practitioners and facilities providing health care services exclusively to a religious organization or for persons in the religious profession. Live vehicle hours—The number of clock hours vehicles are used in providing shared-ride transportation services and passengers are on board the vehicle. Local transportation organization—A political subdivision or mass transportation, port, redevelopment or airport authority organized under the statutes of the Commonwealth or under an interstate compact or otherwise empowered to render, contract for the rendering or assist in the rendering of transportation service in a limited area of this Commonwealth, even though it may render or assist in rendering transportation service in adjacent states. Nonambulatory persons—Persons 65 years of age or older who are confined to wheelchairs, require the use of a lift or ramp in order to board and exit a van or small bus, or who, because of mental disability, are unable to travel alone and require the assistance of an escort, who cannot also serve as the driver, employed by the contractor. Nonambulatory service—Service to persons who, because of a physical disability, require the use of vehicles specially equipped with wheelchair lifts or ramps. Nonprofit social service organization—A nonprofit corporation organized exclusively for the purpose of promoting social welfare or for charitable purposes, excluding organizations primarily concerned with providing religious or spiritual services. PACE—The Pharmaceutical Assistance Contract for the Elderly program (62 P. S. § § 2901—2908). Program—Grants authorized by section 203(5)(ii) and (iii) of the act (55 P. S. § 600.203(5)(ii) and (iii)). Senior citizen—A person 65 years of age or older. Shared-ride—Public transportation services which include demand-responsive transportation that is available to the general public, operates on a nonfixed-route basis and charges a fare to riders. The term does not include exclusive ride taxi or call or demand service, charter, special excursion and sightseeing service, nonpublic transportation, and school bus or limousine service. The first farepaying passenger to enter the public transportation vehicle may not refuse to share the vehicle with other passengers during a given trip. Transportation company—A person, firm or corporation rendering public passenger or public passenger and mail transportation service, with or without the rendering of other service, in this Commonwealth under common carrier authorization from the Pennsylvania Public Utility Commission or the Interstate Commerce Commission. The term includes a person, firm or corporation arranging for public passenger or public passenger and mail service and includes service offered under broker authorization from the Pennsylvania Public Utility Commission or the Interstate Commerce Commission. Urbanized area—An area so designated by the United States Bureau of Census and considered as such under the Urban Mass Transportation Act of 1964 (49 U.S.C.A. § § 1601—1618).

The provisions of this § 425.2 adopted January 3, 1986, effective February 3, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial pages (122902) to (122904).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114, 116 (Pa. 1987).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.3 Eligible applicants.

The following entities may apply to the Department for reimbursement under the program:

(1) Transportation companies.

(2) Local transportation organizations.

(3) County transportation systems.

The provisions of this § 425.3 adopted January 3, 1986, effective February 3, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial page (122904).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).

This section cited in 67 Pa. Code § 425.2 (relating to definitions).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.4 Eligible services.

(a) In order to be reimbursable under the program, services shall be shared-ride.

(b) In order to be reimbursable under the program, the trip shall be scheduled at least 1 working day prior to the trip.

(c) In order to be reimbursable under the program, services shall be open to the general public, except county transportation systems may offer restricted services. Advertising for program services shall state that the services are available to the general public.

(d) Advertising by an eligible applicant which is not a county transportation system offering restricted services, may not use a term or phrase which would suggest that the service is only for senior citizens.

(e) Interstate trips are not reimbursable under the program, unless the following apply:

(1) The trip is for medical purposes.

(2) The trip to a comparable in-State medical facility would be a greater distance than traveling out-of-State.

(3) There is an established shared-ride fare to the out-of-State facility.

(4) The trip is part of a specific Department-approved operating plan.

(f) An eligible applicant shall undertake reasonable efforts to encourage senior citizens to utilize free fixed route transportation when these services are available and represent an appropriate alternative to shared-ride services. An annual plan to encourage the use of free fixed route transportation shall be developed by an eligible applicant in consultation with local senior citizens’ organizations. The plan shall be approved by the designated coordinator for eligible applicants subject to coordination requirements under § 425.13a (relating to coordination), or by the Department for an eligible applicant not subject to coordination requirements.

(g) A contractor had until February 3, 1986 to comply with this section, except for subsection (f) which became effective July 1, 1986. A contractor who is a designated coordinator after November 1, 1986 shall be in compliance with subsection (f) when the contractor enters into agreements with carriers.

The provisions of this § 425.4 amended under section 205 (5)(v) of the Pennsylvania Urban Mass Transportation Law (55 P. S. § 600.205 (5)(v)).

The provisions of this § 425.4 adopted January 3, 1986, effective February 3, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; amended November 7, 1986, effective November 8, 1986, 16 Pa.B. 4414; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial pages (122904) to (122905).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.5 Applications.

(a) Applications and forms will be sent by the Department to contractors on or before April 1 and shall be filed with the Department by May 1 prior to the Commonwealth fiscal year for which reimbursement is requested, in order to insure continued eligibility for reimbursement beyond June 30. Failure of contractors to file complete and accurate application forms with the Department on or before May 1 may result in not receiving Departmental approval prior to July 1. If Departmental approval is granted after July 1, the contractor shall be ineligible for reimbursement from July 1 to the date of Department written approval of the application. No applications will be accepted after September 1 of the Commonwealth fiscal year for which reimbursement is requested, except for applications to provide service, in areas without program services. Unless there is a request for clarification or additional information by the Department under subsection (b), which shall be made within 30 days of receipt of the applications, the Department will either approve or disapprove applications within 30 days of their receipt by the Department.

(b) A contractor shall respond in writing, within 30 days of the receipt of the Department’s letter, to requests for clarification or additional information, or both. Within 30 days of the receipt of the information, the Department will either approve or disapprove the application or request additional clarification and information. Failure of an applicant to respond in writing within 30 days of a request will render the contractor and an affected eligible applicant ineligible for funding for services rendered prior to the date of Department approval of the application.

(c) A transportation company applying directly to the Department or to a designated coordinator shall have an officially filed shared-ride call or demand or paratransit tariff approved by the Pennsylvania Public Utility Commission on file with the Department and the coordinator, or shall provide shared-ride services under a contract rate, as permitted by the Pennsylvania Public Utility Commission, and approved by the Department under § 425.7 (relating to fares). An application by a transportation company shall include the Pennsylvania Public Utility Commission approved shared-ride call or demand or paratransit tariff or contract rates under which shared-ride services will be provided.

(d) In the case of first time applicants, no reimbursement will be provided under the program for services offered prior to the date of contract execution.

The provisions of this § 425.5 amended under section 205(5)(v) of the Pennsylvania Urban Mass Transportation Law (55 P. S. § 600.205(5)(v)).

The provisions of this § 425.5 adopted January 3, 1986, effective February 3, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; amended November 7, 1986, effective November 8, 1986, 16 Pa.B. 4414; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial pages (122906) to (122907).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.6 Reimbursement limits.

(a) The Department will reimburse a contractor upon the receipt of a properly prepared monthly invoice under § 425.10 (relating to invoicing) an amount equal to 90% of its Pennsylvania Public Utility Commission approved fare or contract rate for a ride up to the following per mile or trip fare limits on reimbursement:

(1) For eligible applicants providing services predominantly utilizing a rate structure based upon mileage, total monthly reimbursement may not exceed actual passenger miles of service provided multiplied by the following per mile fare reimbursement limits:

(i) For trips originating or terminating within Philadelphia County, $2.05.

(ii) For trips originating or terminating within Allegheny County, $1.50.

(iii) For trips originating or terminating in Bucks, Chester, Delaware or Montgomery County, $1.

(iv) For other trips, 80¢.

(2) For eligible applicants providing services predominantly utilizing a rate structure based upon an ambulatory one-way per passenger trip fare, total monthly reimbursement may not exceed the actual number of one-way trips provided that month to senior citizens multiplied by the following maximum trip fare reimbursement limits:

(i) For trips originating or terminating within Philadelphia County, $11.60.

(ii) For trips originating or terminating within Allegheny County, $8.90.

(iii) For trips originating or terminating in Bucks, Chester, Delaware or Montgomery County, $6.

(iv) For other trips, $4.95.

(3) For services provided to nonambulatory persons, the per trip or per passenger mile reimbursement limits provided by this subsection will be increased by 33 1/3%.

(4) The maximum reimbursement per eligible senior citizen trip under this section may not exceed $27 based upon a $30 fare.

(5) The per trip or per passenger mile reimbursement limits provided by paragraphs (1)—(3) will be reviewed annually by the Department. Not later than November 1 of each year, the Department will notify contractors, eligible applicants and the transportation committees of the Senate and House of Representatives of Pennsylvania, and will submit a notice to the Legislative Reference Bureau for recommended publication in the Pennsylvania Bulletin concerning the initiation of a review. The Department will conduct a public hearing prior to revising the limits. Revised limits will be adopted by a rulemaking modifying the provisions of this section which will establish revised per trip or per passenger mile reimbursement limits adequate to provide fair and reasonable reimbursement to efficiently and economically operating eligible applicants.

(6) An eligible applicant providing the sole source of shared-ride trips within a county and local transportation organization or county transportation system may request that the Department establish alternative per mile or per trip limits, if unusual local conditions significantly increase the cost of shared-ride service above the limits established under this section.

(b) County transportation systems and local organizations will be reimbursed based upon amounts approved by contract with the Department, but not to exceed the limitations provided by subsection (a).

(c) Services are eligible for reimbursement under the program only if they are rendered by the eligible applicants or by contractors disclosed in the grant application and approved by the Department.

(d) Surcharges, penalties and no-show fees are ineligible for reimbursement.

The provisions of this § 425.6 amended under section 203(5)(v) of the Pennsylvania Urban Mass Transportation Law (55 P. S. § 600.203(5)(v)).

The provisions of this § 425.6 adopted January 3, 1986, effective February 1, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; amended December 4, 1987, effective December 5, 1987, 17 Pa.B. 5054; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial pages (122907) to (122909).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).

This section cited in 67 Pa. Code § 425.11 (relating to data collection).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.7 Fares.

(a) In the determination of contract rates for shared ride services, the cost of the service shall be distributed based upon multiple passengers in the vehicle, and the distribution shall be reflected in the fare structure. The shared-ride fare structure shall be lower than an equivalent exclusive ride fare. Per person fares on a shared-ride system may not be set to cover the total cost of the trip, and fares established on that basis are not eligible for reimbursement under the program.

(b) Reimbursement under the program is based upon the lower of one of the following:

(1) Tariffs approved by the Pennsylvania Public Utility Commission for shared ride services offered by transportation companies and incorporated in the contractor’s application or an amendment thereto.

(2) A contract rate, approved by the Department. Amendment to contracts and contract rates shall be similarly approved by the Department.

(c) Transportation companies utilizing Pennsylvania Public Utility Commission fares shall provide the Department and a coordinator designated under § 425.13a (relating to coordination) with prior notice and a copy of applications filed with the Pennsylvania Public Utility Commission for the modification of the fares, and no Pennsylvania Public Utility Commission approved fares may be utilized for purposes of this program unless the Department and the coordinator were provided the notice.

(d) Amendments to fares established by contract with the Department shall be approved in writing before they may form the basis for reimbursement under the program.

(e) A contractor is eligible for program reimbursement only if senior citizen passengers pay to the contractors 25¢ or 10% of the individual shared-ride fare, whichever is greater, except as otherwise provided in § 425.13 (relating to third party sponsorship).

(f) For reimbursement purposes, the senior citizen 10% share shall be rounded upward to the nearest nickel. The difference between the shared-ride fare and the rounded up senior citizen fare shall be used in calculating reimbursement under this section.

(g) Fares may not be based upon expenses which include nontransportation related inducements, commercial coventures or rebates.

(h) Except as provided in § 425.13, contractors may not directly or indirectly pay the senior citizen share.

(i) In order to be eligible under the program, county transportation systems and local transportation organizations may not design their fare structure to generate a profit from program services. Profits generated by county transportation systems and local transportation organizations are subject to refund to the Department.

(j) A contractor receiving operating assistance through other public transportation grants or subsidies may not use program reimbursement to subsidize another portion of the contractor’s transit operation.

(k) A contractor had until February 3, 1986 to comply with this section. Compliance with subsection (c) for a contractor who is designated a coordinator after November 1, 1986 is required when the contractor enters into agreements with Pennsylvania Public Utility Commission regulated carriers.

The provisions of this § 425.7 amended under section 205(5)(v) of the Pennsylvania Urban Mass Transportation Law (55 P. S. § 600.205(5)(v)).

The provisions of this § 425.7 adopted January 3, 1986, effective February 1, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; amended November 7, 1986, effective November 8, 1986, 16 Pa.B. 4414; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial pages (122909) to (122911).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).

This section cited in 67 Pa. Code § 425.5 (relating to applications).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.8 Age verification.

(a) Program reimbursement is for senior citizens only.

(b) Age verification for senior citizens is the responsibility of the contractor. The following documents are acceptable proofs of age:

(1) Birth certificate.

(2) Baptismal certificate.

(3) Driver’s license.

(4) Armed forces discharge papers.

(5) Statement of age from the United States Social Security Administration, issued for Medicare recipients.

(6) Passport and naturalization papers.

(7) PACE I. D. Card.

(c) Medicare cards are not an acceptable form of age verification. Onboard age verification by the driver is not permitted if the driver is working on commission. Age verification may initially be done by mail if through a follow-up procedure appropriate documentation of age is supplied by the senior citizen and recorded by the contractor at the time the first program eligible trip is made.

(d) In order to be eligible for reimbursement under the program, trips shall be verified by drivers as being made by senior citizens through the presentation of personal identification—not limited to the documents in subsection (b)—under procedures established by the contractor and approved by the Department.

(e) Contractors may receive assistance from area agencies on aging for the purpose of verifying age and issuing documentation of age verification; however, the ultimate responsibility for proper age verification rests with the contractor.

(f) Contractors have until February 3, 1986 to comply with this section.

The provisions of this § 425.8 adopted January 3, 1986, effective February 3, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial page (122911).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.9 Escorts.

(a) If senior citizen escorts are permitted to ride at fares different from the regular shared-ride adult fare, the contractor shall receive prior Department approval of the criteria for documenting the necessity for the escorts.

(b) On county transportation systems, escorts who are not senior citizens may not be included by contractors in calculating program reimbursement.

(c) Contractors have until February 3, 1986 to comply with this section.

The provisions of this § 425.9 adopted January 3, 1986, effective February 3, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial page (122912).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.10 Invoicing.

(a) Contractors shall file a monthly invoice with the Department, on Department approved forms, by the 20th day of the month following the month for which reimbursement is sought. Failure to meet this deadline may result in delayed payment.

(b) Monthly invoices shall be signed by an individual authorized to enter into agreements on behalf of the organization—preferably the chief financial officer—or the invoice will not be processed.

The provisions of this § 425.10 adopted January 3, 1986, effective February 3, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial page (122912).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).

This section cited in 67 Pa. Code § 425.6 (relating to reimbursement limits).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.11 Data collection.

(a) An eligible applicant shall collect complete, legible and accurate monthly data requested by the Department on forms supplied by or approved by the Department, to include, at a minimum, the following:

(1) Paid driver hours.

(2) Vehicle miles.

(3) Live hours.

(4) For carriers subject to per passenger mile reimbursement limitations as provided by § 425.6(a)(1) (relating to reimbursement limits), passenger miles.

(5) The number of ambulatory passenger trips.

(6) The number of nonambulatory passenger trips.

(b) Forms shall be dated, using the date prepared, and submitted to the coordinator for counties subject to coordination requirements under § 425.13a (relating to coordination) or to the Department for other eligible applicants. The coordinator shall file reports with the Department as provided by the Coordination Contract adopted under § 425.13a(b).

(c) Forms shall include the following certification statement signed by the person preparing them:

‘‘I certify that the information contained herein is true, accurate to the best of my information, knowledge and belief.’’

(d) Records maintained by the eligible applicant shall permit the tracing of a trip from reservation to dispatch to completion of service to billing.

(e) The driver’s log shall contain the names of senior citizens receiving services.

(f) Data backup material shall be maintained for a period of 5 years or until Department audit, if sooner.

(g) Data required under subsection (a)(2)—(4) may, with prior approval of the Department, be collected based upon a reasonable representative sample of trips provided by an eligible applicant.

The provisions of this § 425.11 amended under section 205(5)(v) of the Pennsylvania Urban Mass Transportation Law (55 P. S. § 600.205(5)(v)).

The provisions of this § 425.11 adopted January 3, 1986, effective February 3, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; amended November 7, 1986, effective November 8, 1986, 16 Pa.B. 4414; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial pages (122913) to (122914).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.12 Capital equipment replacement funds.

Effective July 1, 1986, capital equipment replacement funds are not permitted to be maintained by local transportation organizations or county transportation systems in a fashion that allows for reimbursement for expenses under the program. The portion of the balance of a fund contributed by the program shall be refunded to the Commonwealth by July 1, 1986.

The provisions of this § 425.12 adopted January 3, 1986, effective July 1, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial page (122914).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.13 Third party sponsorship.

(a) Medicaid eligible senior citizens may not have medical purpose trips reimbursed by the program. The Department of Public Welfare or its affiliated agencies will reimburse the contractors for the trips.

(b) Area agencies on aging and, with the prior approval, nonprofit social service organizations and health care facilities may do one of the following:

(1) Reimburse senior citizens directly.

(2) Enter into cooperative arrangements with contractors under which area agencies on aging and, with prior approval, nonprofit social service organizations and health care facilities may reimburse contractors directly for senior citizens for the passenger share—25¢ or 10%, whichever is greater.

(c) In cases other than those listed in subsections (a) and (b), the senior citizens shall directly pay the driver the appropriate share of the fare in cash or produce evidence of the senior citizen’s prepayment.

(d) Contractors may not sell tokens or other evidence of prepayment of the senior citizens share of the cost of a ride to another agency or organization other than area agencies on aging and, with prior approval, nonprofit social service organizations and health care facilities, but may sell tokens or other evidence of prepayment to senior citizens.

(e) Third party sponsorship by nonprofit social service organizations and health care facilities is subject to prior approval by the Department, and for counties for which a coordinator has been designed under § 425.13a (relating to coordination), by the coordinator.

The provisions of this § 425.13 amended under section 205(5)(v) of the Pennsylvania Urban Mass Transportation Law (55 P. S. § 600.205 (5)(v)).

The provisions of this § 425.13 adopted January 3, 1986, effective February 3, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; amended November 7, 1986, effective November 8, 1986, 16 Pa.B. 4414; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial pages (122914) to (122915).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).

This section cited in 67 Pa. Code § 425.7 (relating to fares).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.13a Coordination.

(a) Establishment.

(1) Coordination shall be established in counties in which two or more contractors have overlapping service.

(2) Coordination will not be provided if the Department determines on the basis of plans submitted or other reviews and studies or operations that coordination is not necessary to meet the objectives of this section.

(b) Counties. In cases where coordination is required, county governments shall be given the first opportunity to perform coordination activities, except Philadelphia and Allegheny Counties where the established transit authorities shall be given the first option and the county shall be given the second option. Except in Philadelphia or Allegheny County, if a county refuses to serve or designate a coordinator, the Department will offer the coordination activities to the area transit authority if it exists. If the process does not produce a coordinator by March 1 of a year, the Department may select a coordinator and enter into a contract for coordination of shared ride service in the county. In areas described in paragraph (1), the Department is authorized to contract directly and solely with the coordinating agency. If coordination is required but not yet in place, contracts between the Department and carriers will clearly indicate the temporary nature of the contracts and provide carriers with 60 days’ notice prior to termination.

(c) Private carriers. Private carriers shall be given the fullest opportunity to offer services in a coordinated system through a competitive bid process. If the coordinating agency provides some of its own services, the Department will reimburse the coordinating agency no more than the lowest responsible bid prices for comparable services.

(d) Objectives. The coordinating agencies’ objectives in providing the service shall be to:

(1) Determine the level of service required in the area.

(2) Maximize operating efficiency within the shared ride system.

(e) Responsibility of coordinating body. The coordinating body shall:

(1) Apply for program funds and enter into agreements with the Department.

(2) Develop and administer subcontracts with shared ride providers in the coordinated area.

(3) Select carriers based on the lowest responsible cost possible.

(4) Provide for the maintenance of client eligibility information.

(5) Be responsible for adherence to program requirements in this chapter.

(6) Develop and submit for Departmental approval an annual operating plan for the coordinated systems. Shared ride carriers shall be given the opportunity to participate in the development of the plan. Written objections to the final plan shall be attached to the final plan and submitted to the Department.

(7) Monitor the performance of subcontractors.

(8) Advertise the shared ride system under this chapter and provide marketing and promotional efforts to encourage group rides and coordination with other agencies.

(9) Comply with brokerage and other statutes, 52 Pa. Code Part I (relating to Public Utility Commission), except for transportation authorities and county governments acting as coordinators.

(10) Develop and implement a plan whereby senior citizens are encouraged to utilize free fixed route transportation when such services are available and represent an appropriate alternative to shared ride services.

(f) Centralized control. If cost effective and efficient to do so, the coordinator shall consider developing and implementing a plan for greater centralized control of certain shared ride activities, such as reservations, scheduling and dispatching of vehicles.

(g) Coordination plan. As part of its application to the Department for participation in the shared-ride program, the coordinator shall prepare and submit, for Department approval, a coordination plan describing its objectives, responsibilities as presented in subsection (e) and if applicable, subsection (f).

(h) Reimbursement. The coordinators shall be reimbursed for services by the Department in accordance with the terms and conditions of a contract agreed upon by the coordinator and the Department. The amount of reimbursement provided shall reflect the level and type of services provided by the coordinator. The coordinator shall make every effort to offset any additional cost of coordination through improved operating efficiencies and achieving the lowest responsible cost possible for shared ride services.

(i) Responsibility of coordinating body. The selection of subcontractors and the determination of the need for and the provision of cost effective services shall be the responsibility of the coordinating body.

The provisions of this § 425.13a issued under section 205(5)(v) of the Pennsylvania Urban Mass Transportation Law (55 P. S. § 600.205(5)(v)).

The provisions of this § 425.13a adopted November 7, 1986, effective November 8, 1986, 16 Pa.B. 4414; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial pages (122915) to (122917).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).

This section cited in 67 Pa. Code § 425.4 (relating to eligible services); 67 Pa. Code § 425.7 (relating to fares); 67 Pa. Code § 425.11 (relating to data collection); 67 Pa. Code § 425.13 (relating to third party sponsorship); and 61 Pa. Code § 425.16 (relating to transition provision).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.14 Compliance.

(a) The Department may, on a random, unannounced basis, visit contractors and coordinators to insure program compliance. Visits may include the following:

(1) Inspections by the Office of Inspector General of the Department.

(2) Audits by the Audit Division of the Comptroller’s Office.

(3) Field reviews by staff of the Bureau of Public Transit and Goods Movement Systems.

(b) Contractors and coordinators shall take corrective action directed by the Department as a result of compliance problems discovered by inspections, audits or field reviews.

The provisions of this § 425.14 amended under section 205(5)(v) of the Pennsylvania Urban Mass Transportation Law (55 P. S. § 600.205(5)(v)).

The provisions of this § 425.14 adopted January 3, 1986, effective February 3, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; amended November 7, 1986, effective November 8, 1986, 16 Pa.B. 4414; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial page (122918).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.15 Appeals.

A contractor or eligible applicant aggrieved by a final action taken by the Department under this chapter may, if determined to be an ‘‘adjudication’’ under 2 Pa.C.S. § § 501—508 and 701—704 (relating to practice and procedure of Commonwealth agencies and judicial review of Commonwealth agency action) file a petition or protest with the Department under 1 Pa. Code Part II (relating to the general rules of administrative practice and procedure) and 2 Pa.C.S. § § 501—508 (relating to practice and procedure of Commonwealth agencies).

The provisions of this § 425.15 adopted January 3, 1986, effective February 3, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial pages (122918) to (122919).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

67 Pa. Code § 425.16 Transition provision.

(a) If coordination is in place on the effective date of § 425.13a (relating to coordination), as determined by the Department, the coordinator in place on the effective date of this subsection shall be initially designated to continue to serve in that capacity unless he otherwise advises the Department on or before December 31, 1986, that he no longer intends to perform this function.

(b) For calendar year 1986, the date of March 1 which appears in § 425.13a(b) shall read December 31, 1986.

The provisions of this § 425.16 issued under section 205(5)(v) of the Pennsylvania Urban Mass Transportation Law (55 P. S. § 600.205(5)(v)).

The provisions of this § 425.16 adopted November 7, 1986, effective November 8, 1986, 16 Pa.B. 4414; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial page (122919).

Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § § 1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § § 745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).

History

• Authority: The provisions of this Chapter 425 issued under the Pennsylvania Urban Mass Transportation Law (55 P.
• Source: The provisions of this Chapter 425 adopted January 3, 1986, effective February 3, 1986, 16 Pa.

Chapter 427 Public Transportation—Sustainable Mobility

67 Pa. Code § 427.1 Definitions.

(a) The terms and definitions in section 1503 of the act (relating to definitions) are adopted herein as if fully set forth.

(b) In addition, the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act—74 Pa.C.S. Chapter 15 (relating to sustainable mobility options).

Department—The Department of Transportation of the Commonwealth.

Route guarantee—A conditional commitment, either express or implied, by a private or public entity to a local transportation organization to provide financial compensation in return for the provision of public transportation service to a designated area or destination which would not be served without the financial compensation.

67 Pa. Code § 427.2 Purpose.

The purpose of this chapter is to implement the act which requires the Department to initiate and maintain a program of financial and performance review and oversight for all programs receiving financial assistance under the act.

67 Pa. Code § 427.3 Application procedure.

(a) Local transportation organizations shall apply for funding under this chapter using the Department’s electronic grants management system.

(b) Local transportation organizations shall supply the information and documentation requested by the Department.

67 Pa. Code § 427.4 Local matching funds.

(a) Eligible sources for required annual local matching funds.

(1) For a private transportation company receiving grants directly from the Department under the act, eligible annual local matching funds shall only consist of contributed cash income that was generated by the transportation company from its nonsubsidized activities.

(2) Except for those local transportation organizations using local matching funds from private third-party contractors prior to the enactment of the act, eligible sources of local matching funds for a local transportation organization shall be cash contributions provided by one or more municipalities or private entities in accordance with paragraphs (1) and (10).

(i) The total amount of municipal local match cash contributions for operating assistance cannot be less than the total amount of municipal local match cash contributed in the prior fiscal year.

(ii) If the required local match is 15% of the State funding for operating assistance, the municipal local match contribution can be reduced proportionate to any reduction in State operating assistance funding.

(3) Advertising revenue may be considered an eligible source of local matching funds for operating assistance grants if the municipalities responsible for providing all of the local matching funds annually pass a resolution which:

(i) Acknowledges their responsibility for providing the local matching funds.

(ii) Agrees to offset any shortfall in advertising revenue received during the fiscal year which results in insufficient local matching funds.

(iii) Acknowledges that any reduction in service or increase in fares due to the net loss of operating revenue associated with the use of advertising revenue as local match is the responsibility of the municipalities which provide local match.

(4) If a shortfall in advertising revenue causes the local transportation organization to obtain less than its required operating assistance local matching funds in any fiscal year and the municipality does not offset the shortfall to bring the local match to the minimum required for State operating assistance funding, the following apply:

(i) Advertising revenue will no longer be considered an eligible source of local matching funds for the affected local transportation organization in future fiscal years.

(ii) The State operating assistance funding for the fiscal year in which the shortfall occurs will be prorated in accordance with subsection (e)(4).

(5) All categories of local transportation organization operating revenue, including passenger fares; public or private payments provided in lieu of fares including route guarantees, unless the route guarantee revenue is allowed as local match in accordance with paragraph (9); charter or school bus revenue; advertising revenue, unless the advertising revenue is approved for use as local match in accordance with paragraph (3); and interest income or other miscellaneous sources of revenue do not constitute eligible sources of local matching funds.

(6) Local bonds issued by local transportation organizations and guaranteed in whole or in part by State funding sources, including interest arbitrage instruments, do not constitute eligible sources of local matching funds for State grants.

(7) Income generated from the subsidized public passenger transportation service is not eligible to be used as a source of local matching funds.

(8) For a local transportation organization using funds provided by a private third-party contractor as a source of local matching funds prior to the enactment of the act, the following apply with regard to operating assistance:

(i) Local matching funds equal to the local matching funds provided by third-party contractors in State Fiscal Year 2009-10 may continue to come from private third-party contractor sources provided the following requirements are met. The private third-party contractor source of local matching funds must:

(A) Segregate finances for all business entities.

(B) Maintain separate accounting records for each business entity.

(C) Submit an independently prepared audit for each business entity. The audit must clearly identify revenue sources used for local matching funds.

(ii) Local matching funds in excess of the local matching funds provided in State Fiscal Year 2009-10 must be provided in accordance with paragraph (2). Funding from private third-party contractor sources is not eligible for this portion of the local matching funds.

(iii) If the amount of local matching funds provided by the private third-party contractor is ever decreased to an amount less than the local matching funds provided in State Fiscal Year 2009-10, the lower amount will become the maximum amount of local matching funds which can be provided by the private third-party contractor. All local matching funds in excess of the lower amount must be provided in accordance with paragraph (2). Private third-party contractor sources are not eligible for this portion of the local matching funds.

(9) For a local transportation organization using route guarantee funds as a source of local matching funds prior to the enactment of the act, the following apply for operating assistance funding:

(i) Local matching funds equal to the local matching funds provided by route guarantee funds in State Fiscal Year 2009-10 may continue to come from route guarantee funds.

(ii) Local matching funds in excess of the local matching funds provided in State Fiscal Year 2009-10 must be provided in accordance with paragraph (2). Route guarantee funds are not eligible for this portion of the local matching funds.

(iii) If the amount of local matching funds provided through route guarantee funds is ever decreased to an amount less than the local matching funds provided in State Fiscal Year 2009-10, the lower amount will become the maximum amount of local matching funds which can be provided through route guarantee funds. Local matching funds in excess of the lower amount must be provided in accordance with paragraph (2). Route guarantee funds are not eligible for this portion of the local matching funds.

(10) Private sources other than funding from private third-party contractors and route guarantees may be eligible as local match provided that a local transportation organization has:

(i) Requested in writing Department approval of the source and amount of the local match from private sources.

(ii) Provided a written contract between the private source and the local transportation organization prior to submitting an application for State funding.

(11) Local transportation organizations may use uncommitted local match reserves for operating assistance if the following apply:

(i) The total local match reserve amount is identified in the most recent audit report and can be traced through transaction detail to the source of the local match.

(ii) The board of the local transportation organization passes a resolution which certifies that the local match reserve to be used for operating assistance is not committed to another project.

(iii) The local transportation organization provides to the municipalities responsible for providing the local match written notification of the amount of local match reserve that will be used in a fiscal year to offset shortfalls in local match payments.

(b) Documentation of availability and schedule for payment of local matching funds.

(1) For a private transportation provider, the private transportation provider shall submit to the Department a certification, signed by the company’s chief operating officer, assuring that the amount of required eligible local matching funds will be provided by the end of the State fiscal year for which a grant is made.

(2) For local transportation organizations:

(i) Each local transportation organization shall submit a resolution, approved by its governing body, certifying that the required amount of eligible local matching funds will be secured no later than the end of the State fiscal year for which a grant is made. The local transportation organization shall submit the resolution to the Department as part of its State grant application.

(ii) A local municipality responsible for providing the required local matching funds shall submit to the local transportation provider an approved/adopted resolution or budget transmitted by letter signed by the municipality’s chief executive officer certifying the amount that it shall provide the local transportation organization no later than the end of the State fiscal year. The local transportation organization shall submit all resolutions or budgets with the transmittal letter signed by the municipality’s chief executive officer to the Department as part of its State grant application.

(3) For a local transportation organization receiving local matching funds through a private third-party contractor source, the private source of local matching funds shall provide the following:

(i) Documentation of the amount of local matching funds to be provided.

(ii) Documentation of segregation of finances and accounting records.

(iii) Documentation of agreement to provide an audit for every business.

(4) The audit referred to in paragraph (3)(iii) must include the supplemental audit schedules required by the Department.

(5) If the availability of required local matching funds is not certified, the Department may not execute a grant agreement.

(6) If less than the full amount of local matching funds is certified, the Department will prorate the State grant amount on a proportional basis to the local amount that is certified.

(c) Required recordkeeping.

(1) For both local transportation organizations and private transportation companies, the local funding provided to meet local matching funds requirements must be deposited and retained in a separate interest bearing account until used for eligible public transportation program expenses.

(2) Interest earned on these funds must only be used for public transportation purposes.

(3) Interest earned and expended shall be reported in the annual audit report on the supplemental audit schedules required by the Department.

(d) Required minimum local matching funds. The minimum local matching funds shall be as stated in sections 1513—1516 of the act.

(e) Insufficient local matching funds.

(1) If the required minimum local matching funds are not provided by the end of the project period, the following fiscal year’s allocation will be reduced to reflect a proration of the prior year’s grant based on the amount of local funds provided and the established local matching funds percentage.

(2) If the amount of local matching funds in arrears from the previous fiscal year is provided within a grace period of 90 days after the beginning of the fiscal year, the full State allocation will be restored.

(3) A grant recipient is eligible for a grace period for receipt of local matching funds no more frequently than once every 3 years.

(4) Prorates shall be calculated as follows:

(i) Calculate the State funding supplied for every dollar of local matching funds.

(ii) Multiply the local matching funds shortfall times the State funding supplied for every dollar of local matching funds.

(iii) Reduce funding in the subsequent fiscal year equal to the result of the calculation in subparagraph (ii).

67 Pa. Code § 427.5 Procurement.

(a) Grantees receiving capital funding under this chapter shall follow the most stringent of any applicable Federal, State and local procurement procedures. Grantees shall have written procurement policies.

(b) Failure to comply with the procurement requirements applicable for the funding source for the procurement (Federal, State or local) may result in the ineligibility of the grantee to receive future State transit capital funds until the following conditions are met:

(1) The Department, or its representative, has conducted an audit of the grantee’s compliance with procurement requirements.

(2) The grantee has resolved any findings in the audit to the satisfaction of the Department or is working toward the resolution of findings based on a Department-approved action plan.

(c) The Department may require the grantee to pay for the audit cost directly, or may deduct the cost of the audit from any future State grant.

(d) Failure to comply with applicable procurement requirements may also result in a requirement that the grantee repay State grant funds used for the procurement.

(e) The Department may require a grantee to submit all procurement related documents to the Department for review and written concurrence prior to award to be eligible to receive State funds for that procurement.

(f) If a grantee is required to repay Federal funds due to noncompliance with procurement requirements, the grantee must also repay State matching funds related to that procurement.

67 Pa. Code § 427.6 Restriction on use of funds.

(a) With the approval of the Department, operating assistance funds may be used for capital assistance under the following circumstances:

(1) The need for the alternative use of these funds is limited to 1 year.

(2) The proposed use of operating funds for capital assistance will not result in any of the following:

(i) A reduction in service.

(ii) An increase in fare levels.

(iii) An unbalanced operating budget in the year of the transfer and for 3 succeeding fiscal years.

(3) The request for approval of the use of operating funds for capital assistance must be supported by written justification documenting that the required level of funds transferred is needed to fund a capital project that cannot be funded from any other available source of State capital assistance.

(4) The justification must demonstrate that the proposed capital project, for which the required operating funds will be used, cannot be deferred until a later year without incurring a significant identified hardship.

(b) With the approval of the Department, capital assistance funds may be used for operating assistance under the following circumstances:

(1) The need for the alternative use of these funds is limited to 1 year.

(2) The proposed use of capital funds for operating assistance is needed to support one or more of the following:

(i) To prevent a reduction in service.

(ii) To prevent an unreasonable fare increase.

(iii) To prevent a projected one-time unbalanced operating budget that is not expected to reoccur in the following and subsequent years.

(3) Written justification to support that the proposed one-time use of capital funds for operating assistance will not result in the deferral of any important capital project that could have been funded if the funds were not transferred.

(c) Operating funds may not be used to fund depreciation costs associated with capital assets procured using public funds.

67 Pa. Code § 427.7 Audits.

(a) The Department will determine the frequency, content and format of reporting requirements, and may include requirements for audit testing procedures, for any entity receiving funding under this chapter.

(1) As an element of the application process, each applicant shall provide the name, address and contact information for the certified public accounting firm engaged for the financial audit.

(i) The applicant shall certify that the certified public accounting firm is aware of the Department’s reporting requirements and deadlines.

(ii) The information shall be submitted to the Department by May 31 of the fiscal year preceding the year for which funds are requested.

(2) Within 90 days after the close of each fiscal year, each grant recipient will receive from the Department for confirmation an accounting of funds received from the Department during the preceding fiscal year.

(3) The grant recipient shall convey directly to the certified public accounting firm the Department’s confirmation of amounts identified in paragraph (2). The confirmed amounts shall become part of the financial audit report.

(4) Within 180 days after the close of a fiscal year, each grant recipient shall transmit to the Department an annual financial audit report prepared by the certified public accounting firm identified in paragraph (1).

(i) The audit shall be conducted in accordance with the generally accepted accounting principles auditing standards. Those standards require the audit firm to plan and perform the audit to obtain reasonable assurance about whether financial statements are free of material misstatement. The audit must include examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements and supplemental schedules.

(ii) The audit must meet all Department required reporting and formatting standards for presentation of information with regard to grant payments and uses.

(iii) The certified public accounting firm shall prepare all supplemental schedules as required by the Department.

(iv) Management letters and all schedules of findings based on the audit work shall become part of the annual financial audit report.

(v) If a single audit has been conducted, a copy of the single audit report shall also be submitted to the Department.

(vi) The audit may not be submitted to the Department unless the local transportation finance officer and board have reviewed the audit for accuracy and have approved it.

(5) The grant recipient shall review the audit report, identify inconsistencies between the supplemental schedules and other schedules and statements within the audit report and provide an explanation satisfactory to the Department for the discrepancies.

(i) The grant recipient shall provide a written response to the Department answering questions raised by the Department within 45 calendar days of receipt of the Department’s questions.

(ii) Failure to comply with reporting requirements by the due date may result in delay or withholding of payments at the discretion of the Department.

(iii) If the grant recipient cannot produce a written response for each finding within 45 calendar days, the grant recipient shall request a time extension in writing to the Director of the Bureau of Public Transportation with justification for the request. The Director of the Bureau of Public Transportation’s written response will accept or reject the request for a time extension.

(b) Failure to comply with reporting requirements may result in delay or withholding of payments at the discretion of the Department.

67 Pa. Code § 427.11 Data submission and verification.

(a) Factors. The factors used to calculate the distribution of operating assistance funds under section 1513 of the act (relating to operating program) in excess of the base operating allocation are the following for the most recently completed fiscal year, as defined in the act:

(1) The total number of Act 44 defined fixed route, ADA paratransit and other Department-approved passengers.

(2) The number of senior citizen passengers.

(3) The number of Act 44 defined fixed route, ADA paratransit and other Department-approved revenue vehicle hours.

(4) The number of Act 44 defined fixed route, ADA paratransit and other Department-approved revenue vehicle miles.

(b) Submission. Each local transportation organization receiving operating assistance funds under section 1513 of the act shall verify and submit to the Department the data set forth in subsection (a) by December 31 of the calendar year following the end of the preceding fiscal year.

(c) Certification. The chief operating officer of each local transportation organization shall certify the accuracy of the data factors submitted under this section.

(d) Inaccurate data. The following apply if the data used to calculate operating assistance grants under section 1513 of the act is determined to be inaccurate:

(1) When the inaccurate data is greater than accurate data, resulting in receipt of a grant award greater than actually justified:

(i) The grant award for that grantee will be recalculated based on the accurate data.

(ii) The grant award for the following year will be reduced by 125% of the difference between the grant awarded in the previous fiscal year and the recalculated grant award for that year.

(2) When the inaccurate data is less than the accurate data, resulting in receipt of a grant award smaller than actually justified, there will be no recalculation and no change in the grant award.

67 Pa. Code § 427.12 Performance reviews.

(a) Local transportation organizations receiving operating assistance funding for fixed route or fixed guideway transit service under section 1513 of the act (relating to operating program) are subject to this section. Demand response services, including ADA paratransit, other paratransit and shared ride modes, are not subject to these requirements.

(b) Performance reviews will be undertaken for each local transportation organization on regular intervals at least every 5 years.

(1) A performance review will include, but is not limited to, a review of management, finance, operations, maintenance, capital projects and system performance.

(2) The Department will maintain on its web site, at ftp://ftp.dot.state.pa.us/public/bureaus/publictransportation/generalinformation/tpr[lowbar]presentation.pdf, a performance review policy that will discuss the process for conducting a performance review.

(c) Minimum performance standards will be established for each grant recipient during a performance review in accordance with the process outlined in this section.

(d) Performance reviews will be conducted as follows:

(1) Comparison to peers.

(i) The Department will identify at least five prospective peer systems for each mode of the local transportation organization being reviewed. The Department will finalize the peer group selection after consultation with the local transportation organization.

(ii) The peer selection process will include, without limitation, the following data items:

(A) Revenue vehicle hours (car hours for rail and fixed guideway).

(B) Revenue vehicle miles (car miles for rail and fixed guideway).

(C) Number of peak vehicles.

(D) Service area population.

(iii) The Department will evaluate the local transportation organization based on the following performance criteria in accordance with the act:

(A) Passengers per revenue vehicle hour.

(B) Operating costs per revenue vehicle hour.

(C) Operating revenue per revenue vehicle hour.

(D) Operating costs per passenger.

(iv) The Department will:

(A) Calculate the average of each performance criterion by mode for the peer group (which includes the local transportation organization under review), using the single most recent year for which data is available.

(B) Calculate the standard deviation for each performance criterion by mode for the peer group and local transportation organization under review.

(v) The local transportation organization under review will be in compliance if the following conditions are met:

(A) Passengers per revenue vehicle hour is within plus or minus one standard deviation or exceeds plus one standard deviation.

(B) Operating revenue per revenue vehicle hour is within plus or minus one standard deviation or exceeds plus one standard deviation.

(C) Operating costs per revenue vehicle hour is within plus or minus one standard deviation or is below minus one standard deviation.

(D) Operating costs per passenger is within plus or minus one standard deviation or is below minus one standard deviation.

(vi) The local transportation organization will be determined at risk if one or more of the following apply:

(A) Passengers per revenue vehicle hour is below minus one standard deviation.

(B) Operating revenue per revenue vehicle hour is below minus one standard deviation.

(C) Operating costs per revenue vehicle hour exceeds plus one standard deviation.

(D) Operating cost per passenger exceeds plus one standard deviation.

(2) Trend analysis.

(i) The Department will prepare a 5-year trend analysis for the local transportation organization under review and the peer systems by performance criteria and by mode.

(ii) If the 5-year trend for all performance criteria by mode is positive and consistent with the peer trend, the local transportation organization is in compliance.

(iii) If the 5-year trend for any performance criterion by mode is negative, but consistent with the peer trend, the local transportation organization may be in compliance based on Department determination.

(iv) If the 5-year trend for any performance criterion by mode is negative and not in keeping with peers, the local transportation organization will be determined to be at risk.

(3) Minimum performance standard.

(i) In consultation with the local transportation organization, the Department will establish minimum performance standards to be met within 5 years from the date the standards are established.

(ii) The local transportation organization shall develop and submit to the Department within 90 days of the final report of the performance review a strategic action plan focused on continually improving the system to achieve the established minimum performance standards. The Department will provide technical assistance upon request.

(iii) The local transportation organization shall submit the strategic action plan to its governing body.

(iv) The local transportation organization shall report to its governing body and to the Department on strategic action plan progress on at least a quarterly basis.

(v) A revised minimum performance standard for each performance criterion by mode will be established in each subsequent performance review.

(vi) Upon request by the local transportation organization and submission of proper justification, the Department may approve revised minimum performance standards at times other than during a performance review.

(4) Review and report. Each year in the Pennsylvania Public Transportation Annual Performance Report, the local transportation organizations which have been reviewed during the preceding fiscal year will be identified. The report will include a summary of the reviews, the findings and the recommendations.

(e) The application of funding reduction will be as follows.

(1) Operating fund reductions in section 1513(g) of the act may be implemented for grantees subject to this section that are not satisfying the minimum performance standards, considering all other provisions of section 1513 of the act. A funding reduction may be assessed in cases when a local transportation organization fails to report progress or fails to implement the agreed upon strategic action plan, or both.

(2) Funding reductions may not exceed 5% of the total section 1513 of the act operating assistance allocation in any one fiscal year.

67 Pa. Code § 427.13 Demonstration projects.

When a local transportation organization or an agency or instrumentality of the Commonwealth applies to the Department for reimbursement of operating costs related to demonstration program projects, the project must meet the following criteria:

(1) A feasibility study must be conducted and a report issued prior to application. The feasibility report must include annual estimates for the four performance criteria identified in section 1513(f) of the act (relating to operating program) for the determination of the success of the demonstration project.

(2) The Department must approve minimum performance standards for the demonstration project.

(3) The applicant shall provide documentation of local acceptance of the established minimum performance standards. The local acceptance document must indicate that the applicant and the local funding entity understand that:

(i) If the demonstration service meets the established minimum performance standards within the 3-year demonstration period, it may receive formula based operating assistance from section 1513 of the act funds if there is sufficient funding available in section 1513 of the act to fund both existing services and the demonstration project.

(ii) If the demonstration project fails to meet the minimum performance standards within the 3-year period, the service is ineligible for State Section 1513 operating assistance.

(A) The applicant or the local funding entity may elect to continue the service and provide all required operating assistance.

(B) The applicant or the local funding entity, or both, may elect to discontinue the service and notify all affected parties of the decision and take responsibility for that decision.

(4) The applicant shall demonstrate the support of the local funding entity providing local matching funds for the demonstration project and accepting responsibility for decisions made with regard to continuation/discontinuation of service by issuing the following resolutions:

(i) A resolution certifying that sufficient local funds will be made available based on a 5-year annual projection of operating budgets and funding sources.

(ii) A resolution acknowledging that the applicant and the local funding entity are responsible for determining continuation of service prior to the end of the 3-year demonstration period.

(5) During the 3-year demonstration period, the local matching funds must equal at least 15% of the State demonstration grant.

(6) Within 30 days of the end of each quarter, the applicant shall submit quarterly reports providing financial information and operating statistics in a format determined by the Department within 30 days of the end of each quarter during the 3-year demonstration period to maintain eligibility for State funding.

67 Pa. Code § 427.21 Application requirements for new initiatives.

(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.

(c) A project that has received a rating of medium-low or low under 49 U.S.C.A. § 5309 or that has elected not to apply for funding under 49 U.S.C.A. § 5309 shall provide documentation supporting the following project evaluation requirements:

(1) Investment optimization. The applicant shall demonstrate that investments in the existing service areas have been optimized.

(i) The applicant shall document the steps taken to optimize existing services and the impacts of those steps on current ridership, revenues and customer satisfaction.

(ii) The applicant shall show how the proposed project will coordinate with other transit in the region, as well as with other transportation options when appropriate, such as bicycle paths, high-occupancy vehicle facilities, Amtrak or other intercity rail.

(2) Cost/benefit. The applicant shall demonstrate that the investment in the project results in reasonable public benefits that are proportional to the investment.

(i) The applicant shall document likely impacts on total transit ridership, impacts on greenhouse gasses and overall air quality, travel time, user costs, accessibility to employment centers and service to historically under-represented populations.

(ii) The costs of the project over its design life must be calculated and include capital investments, operations and maintenance.

(iii) Project benefits and costs should be calculated to a net present value and a current dollar benefit/cost ratio must be calculated.

(iv) The project must demonstrate a benefit/cost ratio greater than 1.0 to satisfy the reasonable public benefit requirement.

(v) If requested, the applicant shall document how or if the project supports statewide air quality and transportation policies.

(3) Local funding commitments. The applicant shall demonstrate that it has secured commitments for local share of funding.

(i) The applicant shall provide documentation showing what local funds are available for both the capital and operating funding needs of the project, any limitations on those funds and, when in a designated metropolitan planning organization area, affirm that the project is included in a cost affordable long range transportation plan.

(ii) A signed letter of commitment from the agency responsible for collecting capital, operations and maintenance funding must be included that documents the sources of the funding, the expiration date of the funding and a plan for extending the funding source’s revenue period should it expire before the design life of the project.

(iii) Estimates of fare box revenues/recovery shall also be provided along with actionable strategies to cover any unexpected fare box shortfalls during the design life of the project.

(4) Technical capacity. The applicant shall provide a management plan for construction and operation of the project during the design life of the project.

(i) The management plan must identify in-house and consultant resources necessary to manage the project.

(ii) Where in-house services are to be used, it will be necessary to demonstrate those resources have sufficient experience managing projects of similar scope and scale.

(iii) Where outside services are to be used, the applicant shall document the expected costs of those services and include a plan to manage the services.

(5) Integrated land use policies. The applicant shall document relevant elements of local land use plans and policies that support efficient use of the transportation system in the project corridor.

(i) To demonstrate the integration, the applicant should cite relevant plans (comprehensive plan and zoning) as well as policies relating to parking availability/cost, existing and allowable densities, mix of land use and affordable housing.

(ii) Documentation should include maps, tables, specific local policies and narrative that make the case that land use policies recognize the integral relationship between transportation and land use.

(iii) In areas where walk or bicycle access will be important to the overall demand for the project the applicant shall document how patrons of the project will safely access the system from nearby significant land uses.

(iv) If requested, the applicant shall provide signed letters from local governing bodies in municipalities where stations would be located documenting the level of commitment and actions undertaken to assure land use policies are supportive of the project.

(d) Applicants shall provide documentation sufficient to compare the benefits, costs, local policies, technical capacity and funding commitment of applicants so that findings can be succinctly summarized for the Pennsylvania Public Transportation Annual Performance Report.

(e) The Department may request additional supporting documentation from the applicant to complete the application.

(f) Applicants shall provide responses to or acknowledgement of requests for additional supporting documentation within 14 days of the request.

67 Pa. Code § 427.22 New initiative project evaluation.

(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.

(b) Funding for new initiatives under this section is subject to appropriation by the Pennsylvania General Assembly.

Chapter 441 Access to and Occupancy of Highways by Driveways and Local Roads

67 Pa. Code § 441.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Acceleration lane—The portion of roadway adjoining the traveled way constructed for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can safely merge with traffic. Access—A driveway, street or other means of passage of vehicles between the highway and abutting property, including acceleration and deceleration lanes and such drainage structures as may be necessary for the proper construction and maintenance thereof. Central Permit Office—The office for the control of issuance of permits located at:

Department of Transportation

Central Permit Office

400 North Street, 6th Floor

Harrisburg, Pennsylvania 17120-0041 Combination—Two or more vehicles physically interconnected in tandem. Commonwealth—The Commonwealth of Pennsylvania. County office—Any of the various maintenance district offices of the Department. Curbline—A line formed by the face of the existing curb or in its absence the outer edge of the shoulder, along which curbing is or may be located. Deceleration lane—The portion of the roadway adjoining the traveled way constructed for the purpose of enabling a vehicle that is exiting a roadway to slow to a safe speed after it has left the mainstream of traffic. Department—The Department of Transportation of the Commonwealth. Director—The director of the Department’s Bureau of Highway Services. District office—Any of the 11 engineering district offices of the Department. Divided highway—A highway divided into two or more roadways and so constructed as to impede vehicular traffic between the roadways by providing an intervening space, physical barrier, or clearly indicated dividing section. Driveway—Every entrance or exit used by vehicular traffic to or from properties abutting a highway. The term includes proposed streets, lanes, alleys, courts, and ways. Driveway width—The narrowest width of a driveway measured perpendicular to the centerline of the driveway. Egress—The exit of vehicular traffic from abutting properties to a highway. Equipment—All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and completion of the work. Form 408—The latest revision of highway construction specifications issued by the Department. Frontage width—The distance along the right-of-way line in front of an abutting property. High volume driveway—A driveway used or expected to be used by more than 1500 vehicles per day. Highway—A highway or bridge on the system of State highways and bridges, including the entire width between right-of-way lines, over which the Department has assumed or has been legislatively given jurisdiction. Improved area—The area within the right-of-way which has been constructed for highway purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities, and any other appurtenances. Ingress—The entrance of vehicular traffic to abutting properties from a highway. Inspector—The Department’s authorized representative assigned to inspect permit operations. Intermediate island—The section of right-of-way between driveways from the pavement edge or curb to the property line. Joint-use driveway—A driveway shared by and constructed to provide access to two or three properties. Limited access highway—A highway to which owners or occupants of abutting lands and other persons have no legal right of access except at points and in the manner determined by the Department. Local road—Every public highway other than a State highway. The term includes existing or proposed streets, lanes, alleys, courts, and ways. Low volume driveway—A driveway used or expected to be used by more than 25 but less than 750 vehicles per day. Median—Any structure or area which separates the paved traveled ways for opposing directions of traffic. Medium volume driveway—A driveway used or expected to be used by more than 750 but less than 1500 vehicles per day. Minimum use driveway—A residential or other driveway which is used or expected to be used by not more than 25 vehicles per day. Owner—A person holding:

(i) fee title to property,

(ii) an estate or other legal interest in property, such as an easement, a lease, a license or subsurface rights, or

(iii) an equitable interest in property under a sales agreement or an option to purchase;

provided that the estate or other legal or equitable interest in property includes the use requested in the permit. Pavement edge—The edge of the main traveled portion of any highway, exclusive of shoulder. Permanent curbing—Plain or reinforced cement concrete curb which meets Department standards. Permit—A highway occupancy permit (Form M-945P) issued by a district office pursuant to this chapter. Person—An individual, business entity, association, political subdivision, authority, Federal or Commonwealth agency, or other entity recognized by law. Plans—Drawings which show the location, character, and dimensions of the proposed occupancy and related highway features, including layouts, profiles, cross sections, drainage, and other details. Property line clearance—The distance measured along the pavement edge or curb between the property frontage boundary line and the near edge of the driveway. Publication 43—A Department publication, sometimes called ‘‘Bulletin 43,’’ containing requirements for the maintenance and protection of traffic on construction projects. Publication 68—A Department publication containing regulations governing the design, location, and operation of all official traffic signs, signals, and markings on and along highways. Publication 90—A Department publication containing requirements for work area traffic control during highway maintenance operations and utility work. Right-of-way—The area which has been acquired by the Department for highway purposes. Roadway—That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. Roadway construction standards—Department Publication No. 72 containing the Department’s design standards for roadway construction. Secretary—The Secretary of the Department. Setback—The lateral distance between the right-of-way line and the roadside building, liquid fuel pump island, display stand, or other object, which will result in space for vehicles to stop or park between such objects and the right-of-way line. Shoulder—The portion of the roadway, contiguous to the traffic lanes, for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses and pavements. Shoulder line—The intersection of the shoulder slope with the side slope or ditch slope. Sidewalk—A paved walkway, continuous for a reasonable distance and an integral part of the highway, constructed solely for use by pedestrians. Stabilized material—Any aggregate such as aggregate cement, aggregate bituminous or lime pozzyolan, placed in such a manner as to provide a smooth, stable, all-weather surface not subject to undue raveling. Stopping sight distance—The distance required by a driver traveling at a given speed to stop the vehicle after an object on the roadway becomes visible to the driver. Supplement—An amendment to a highway occupancy permit issued on Department Form M-945S. Traveled way—The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. Traffic control device—Any sign, signal, marking or device placed or erected for the purpose of regulating, warning, or guiding vehicular traffic or pedestrians, or both. Turning radius—The radius of an arc which approximates the turning path of the exterior corner of a vehicle. Vehicle—Every device in or by which any person or property is or may be transported or drawn upon a highway. The term includes special mobile equipment as defined in the Vehicle Code.

The provisions of this § 441.1 amended under section 420 of the State Highway Law (36 P.S. § 670-420).

The provisions of this § 441.1 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. 4624. Immediately preceding text appears at serial pages (359915) to (359916), (216111) to (216112) and (358425).

Responsible Person

The pavement cartway used for vehicular traffic was beyond the curb line which separated the highway from pedestrian traffic and was, therefore, the responsibility of the Commonwealth, not the city. Ruch v. City of Philadelphia, 587 A.2d 830 (Pa. Cmwlth. 1991); appeal denied 604 A.2d 251 (Pa. 1992).

Absent an agreement on maintenance at an intersection of a city street and a state highway, the State is responsible for maintaining only that portion of the vehicular intersection between actual or extended curb lines of its highway, without any reference to sidewalks; the city is responsible for maintaining crosswalks and other areas up to the actual or extended curb lines of the state highway at the vehicular intersection. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. 1995).

Roadway

The State is responsible for maintaining only those vehicular areas on its streets between curb lines. The crosswalk on the lane was not between existing curb lines available to vehicular traffic on the street; it is beyond the outer edge of the shoulder, along which curbing may be located on the street. Thus, the State would have no liability for plaintiff’s injuries caused by a fall in a pothole on the crosswalk of the lane. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. 1995).

This section cited in 67 Pa. Code § 441.8 (relating to driveway design requirements).

History

• Authority: The provisions of this Chapter 441 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa.

67 Pa. Code § 441.2 Purpose and application.

(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.

Permittee Required to Obtain All Required Approvals or Permits

Although the Department of Transportation had authority to approve satisfactory completion of roadwork authorized by its permit, regulations did not confer upon the Department the authority to permit landowner to open and operate a new land use; Township had authority to enforce its zoning ordinance and land development regulations, and had final approval of the land development and issuance of the required certificate of occupancy. Smithfield v. Kessler, 882 A.2d 17, 23 (Pa. Cmwlth. 2005); apeal denied 903 A.2d 539 (Pa. 2006).

Police Powers

Although driveway opening on to State highway was established prior to promulgation of these regulations, this regulation could be applied retroactively to reasonably limit ingress and egress since property is held subject to valid police power regulations ‘‘made, and to be made, for the health and comfort of the people.’’ Department of Transportation v. Longo, 510 A.2d 832 (Pa. Cmwlth. 1986); affirmed 518 A.2d 265 (Pa. 1986).

History

• Authority: The provisions of this Chapter 441 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa.

67 Pa. Code § 441.3 Permit application procedure.

(a) General rule. No driveway, local road or drainage facility or structure shall be constructed or altered within State highway right-of-way and no drainage facility of the Department may be altered or connected onto without first obtaining a permit from the Department. A permit may not be required for maintenance.

(b) Who may apply for a permit. Permit applications shall be submitted in the name of the owner of the property. If the applicant does not hold fee title to the property, the applicant shall notify the fee title holder that an application has been submitted.

(c) Where to submit application. Permit applications shall be submitted to either the district or county office having jurisdiction over the county in which the proposed work will be performed.

(d) When to submit applications. Permit applications shall be submitted prior to the construction of any building which the proposed driveway will serve to assure that the driveway can be constructed in accordance with this chapter.

(e) Application procedure and required information. Permit applications:

(1) Shall be submitted in person or by mail on a properly completed Department Form M-945A.

(2) Shall be signed by the applicant.

(3) Shall include five sets of plans, of a quality sufficient for microfilming, detailing the location and pertinent dimensions of both the proposed installation and related highway features.

(4) Shall be accompanied by a check or money order, payable to the Department, in the appropriate amount, as set forth in § 441.4 (relating to permit fees).

(5) Shall be submitted to the Department at least 30 days prior to the anticipated start of work.

(6) Shall contain proof that the applicant is an owner. The proof shall be in the form of a copy of the valid legal document or court order verifying the applicant’s legal estate or interest in the property.

(7) Shall, when submitted by an applicant other than a fee title holder, contain:

(i) Proof of one of the following:

(A) The fee title holder consents to the application.

(B) The applicant provided written notice of the submission of the application to the fee title holder apprising the fee title holder of the administrative rights relative to the permit application under 1 Pa. Code § § 35.23, 35.24 and 35.27—35.32. The Department will not grant or deny the permit application until 30 days after receipt of the written notice by the fee title holder.

(ii) A signed written statement, whereby the applicant agrees to indemnify and defend the Commonwealth (if requested) from all suits, damages, claims and demands of any type whatsoever by the fee title holder of the property because of granting the permit to the applicant, such as a failure of the permittee or other person to comply with the permit or any other statutes, ordinances or regulations in connection with the permit.

(iii) Proof that the applicant executed and recorded in the Office of the Recorder of Deeds in the appropriate county or counties, a covenant running with the land providing that all subsequent purchasers, heirs, assigns or transferees of the property take the property subject to the indemnification in subparagraph (ii), unless released by the Department.

(f) Traffic control plan. Submission of the traffic control plan shall be as follows:

(1) When the applicant anticipates that it will be necessary to close a portion of a lane to vehicular traffic in order to perform the permitted work, the applicant shall submit a traffic control plan with the application.

(2) The district office may require the applicant to submit a traffic control plan if it is anticipated that a potential hazard or interference to vehicular or pedestrian traffic will result from performance of the work.

(3) The traffic control plan shall be either:

(i) A detailed drawing, showing all traffic control devices.

(ii) a reference to a standard drawing found in Publication 43 or Publication 90, provided the referenced standard drawing properly depicts the work area and completely addresses the needed traffic control.

(g) Drainage control plan for other than minimum use driveways. Drainage control plan for other than minimum use driveways shall be as follows:

(1) If it can reasonably be anticipated that there will be an increase in the flow of water onto the highway or into highway drainage facilities as a result of action by the applicant, or that there will be an increase in the flow of water onto the property of some other person as a result of any action authorized by the permit, a drainage control plan shall be submitted with the application. The drainage control plan shall contain the following:

(i) Source of water.

(ii) Existing flow in cubic feet per second.

(iii) Predicted flow in cubic feet per second.

(iv) Where drainage currently flows.

(v) Where drainage ultimately outlets.

(vi) Hydraulic computations showing effect of additional flow on existing highway drainage system.

(2) Issuance of a permit shall be conditioned upon the Department’s approval of the drainage control plan.

(h) Drainage release for other than minimum use driveways. If it can reasonably be anticipated that there will be an increase in the flow of water onto the property of some other person as a result of action, authorized by the permit, a drainage release shall be submitted with the application. Where possible, drainage releases—Form L-15 or CC-15—will be obtained, by and at the expense of the applicant, from all property owners over whose land additional drainage will flow. All drainage releases shall be notarized and recorded, by and at the expense of the applicant, in the County Office of the Recorder of Deeds. If a drainage release cannot be obtained from any affected property owner, the Department may nonetheless issue a permit if it determines that there is no reasonable and prudent alternative available to the applicant and the applicant executes an indemnification agreement acceptable to the Department.

(i) Plans for other than minimum use driveways. The permit application for all driveways other than those classified as minimum use shall include a plan which illustrates, as a minimum, the following, including dimensions where applicable:

(1) Existing highway pavement, ditches, right-of-way and relevant property lines, highway appurtenances, utilities, and medians.

(2) Existing and proposed building, including a description of present and proposed use of building.

(3) Details of internal traffic circulation, parking, and traffic signs.

(4) Design features of existing and proposed driveways, curbs, tapers, acceleration, and deceleration lanes including the following:

(i) Driveway width.

(ii) Driveway radii and other points of curvature.

(iii) Driveway grades or profile view of drive.

(iv) Driveway angle relative to the highway.

(v) Dimensions of traffic islands adjacent to the highway and within the development that separate traffic flow from or onto the highway.

(vi) Driveway surface material and traffic island materials.

(vii) Location of all required traffic control devices.

(5) Distance from each existing and proposed driveway to the following:

(i) Nearest intersecting street, road, and highway.

(ii) Nearest driveway on adjacent properties.

(iii) Street, road, highway, or driveways opposite the site.

(iv) Relevant property lines and property lines extended to the roadway.

(v) Building and business appurtenances on the site.

(6) Sight distance in each direction from each proposed driveway.

(7) The number of vehicles per day which are expected to utilize each proposed driveway.

(j) Review by municipalities, planning commissions, and zoning boards. Review by municipalities, planning commissions, and zoning boards shall comply with the following:

(1) Certain local governing bodies wish to review driveway applications within their jurisdictions.

(2) A listing of these municipalities and local agencies is available from the appropriate district office.

(3) Each application for an access driveway within one of these jurisdictions must be accompanied by evidence which indicates that the location and type of access being requested has been reviewed by that municipality or agency.

(4) The Department will consider any comments or recommendations resulting from this review prior to approving the access permit.

(k) Authority to reject application. The Department will examine and determine the genuineness, regularity, and legality of every application, and may reject any application if not satisfied of its genuineness, regularity or legality, or the truth of any statement contained in the application. The Department may also make such investigations and require such additional information as it deems necessary.

(l) Penalty for falsifying application. Information provided in applications must be accurate. Section 4904 of the Crimes Code, (18 Pa. C.S. § 4904), makes it a misdemeanor for a person to mislead a public servant in performing an official function by making any written false statement which the person does not believe to be true.

(m) Newspaper or mail receptacles. Permits are not required for the placing of newspaper receptacles or mail boxes, although their location is subject to the maintenance requirements of the Department.

The provisions of this § 441.3 amended under section 420 of the State Highway Law (36 P.S. § 670-420).

The provisions of this § 441.3 amended August 3, 2018, effective August 4, 2018, 48 Pa.B. 4624. Immediately preceding text appears at serial pages (358426) and (216115) to (216117).

History

• Authority: The provisions of this Chapter 441 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa.

67 Pa. Code § 441.4 Permit fees.

(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.

(2) Supplement fee each six-month time extension or each submitted change shall be—$10.

(b) General permit inspection fees. General inspection fees shall be used to defray costs incurred by the Department in spot inspection of permitted work or subsequent inspection after the permitted work has been completed, to insure compliance with the permit and this chapter; they shall be as follows:

(1) Minimum use driveway—$10 each.

(2) Low volume driveway—$20 each.

(3) Medium volume driveway—$35 each.

(4) High volume driveway—$50 each.

(c) Exemptions. Permit issuance fees and general permit inspection fees shall not be payable by any of the following:

(1) The Commonwealth.

(2) Political subdivisions of this Commonwealth.

(3) Governmental authorities organized under the laws of this Commonwealth.

(4) The Federal government.

(5) Charitable organizations which are exempt from or in compliance with act of August 9, 1963, P. L. 628, No. 337 (10 P. S. § § 160-1—160-17).

(d) Additional inspection fees. If the Department determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more employes to inspect the permitted work on a more than spot inspection basis, the permit will so indicate and the permittee shall be charged for all salary, overhead, and expenses incurred by the Department for inspection.

(e) Refunds. The Department will refund the general permit inspection fees on unused permits. In order to be eligible to receive such a refund, the permittee shall deliver the request with the permittee’s copy of the permit to the issuing district permit office on or before the permit expiration date.

(1) A refund processing fee of $10 shall be deducted from the general permit inspection fees.

(2) The permit issuance fee shall not be refundable on unused permits.

(f) Miscellaneous fees. The applicant shall pay notary and recording costs including the cost of recording the permit in the County Office of the Recorder of Deeds when required, and the cost of all drainage releases. Permits shall be recorded whenever deemed necessary by the Department, including when:

(1) a permit requires drainage facilities to be installed and maintained;

(2) a permit authorizes one or more high volume driveways to be constructed; or

(3) an access covenant (Form CC-14) is executed with the permit as specified in paragraph (16) of § 441.6 of this title (relating to general conditions).

This section cited in 67 Pa. Code § 441.3 (relating to permit application procedure); and 67 Pa. Code § 441.10 (relating to penalties and enforcement).

History

• Authority: The provisions of this Chapter 441 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa.

67 Pa. Code § 441.5 Issuance of permits.

(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.

(2) In the case of a temporary access for extracting natural resources for a period of no more than one year, any design requirement set forth in this chapter which cannot be met may be waived by the district engineer, provided conditions (i), (ii), (iii), and (v) of paragraph (1) of this subsection are satisfied.

(f) Permit requiring agreement. Where the applicant will be required to perform a substantial amount of work, the Department may require the applicant to execute an agreement as a prerequisite to issuance of the permit.

(g) Requesting permit time extension. A permit shall be valid for a six-month period or multiples thereof as specified on the permit. If the permittee has not completed all authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension. If approved, a supplement may be issued by the district office, authorizing work to continue for an additional six-month period.

(h) Work completion notification. When all permitted work has been completed, the self-addressed post card (Form M-945G) which accompanies the permit shall be mailed to the district office.

(i) Permanent permit microfilm record. The permit, together with plans, relevant correspondence, and any supplements issued, will be microfilmed, and the microfilm record will be retained in the central permit office.

History

• Authority: The provisions of this Chapter 441 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa.

67 Pa. Code § 441.6 General conditions.

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.

(2) Additional restrictions. All work authorized by the permit shall be subject to the following:

(i) All applicable laws, rules, and regulations, including but not limited to the following:

(A) Act of October 26, 1972 (P. L. 1017, No. 247) (53 P. S. § 1611), concerning environmental control measures related to pollution and the preservation of public natural resources.

(B) Act of December 10, 1974 (P. L. 852, No. 287) (73 P. S. § § 176—182), concerning protection of the public health and safety by preventing excavation or demolition work from damaging underground utility facilities.

(C) Act of October 5, 1978 (P. L. 1104, No. 260) (72 P. S. § § 4651-1—4651-10) which provides that the Board of Claims shall have jurisdiction of claims against the Commonwealth arising from contracts.

(D) O.S.H.A. construction safety and health regulations, 39 Fed. Reg. 22801 (June 24, 1974) and 29 CFR § 1926.1 et seq.

(E) 42 U.S.C. § 2000d, as implemented by 49 CFR § 21 and 23 CFR § 230.101 et seq.

(F) Ordinances enacted by local municipalities which contain more stringent minimum safety requirements than this chapter.

(ii) Any rights of any person.

(iii) The conditions, restrictions, and provisions of the permit.

(3) Work to conform to Department standards. The work shall be done at such time and in such a manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the Department including, but not limited to, Form 408. If at any time it shall be found by the Department that the work is not being done or has not been properly performed, the permittee upon being notified in writing by the Department shall immediately take the necessary steps, at its own expense, to place the work in condition to conform to such requirements or standards. In case any dispute arises between the permittee and the Department’s inspector, the Department’s inspector shall have the authority to suspend work until the question at issue can be referred to and be decided by the district office.

(4) Permittee responsibilities. Permittee responsibilities shall be as follows:

(i) The permittee shall pay all fees, costs, and expenses incident to or arising from the project, including the cost of related highway improvements which increased traffic or surface drainage may necessitate. The permittee shall reimburse the Department for any and all inspection costs within 30 days after receipt of the Department’s invoice.

(ii) In the event of failure or neglect by the permittee to perform and comply with the permit or the provisions of this chapter, the Department may immediately revoke and annul the permit and order and direct the permittee to remove any or all structures, equipment, or property belonging to the permittee or its contractors from the legal limits of the right-of-way and to restore the right-of-way to its former condition. In the event the Department determines that such structures, equipment, or property pose a threat to the public safety and the permittee fails to remove the same after notice from the Department to do so, the Secretary or his attorneys, or any attorney of any court of record shall be authorized to appear for the permittee, and to enter an amicable action of ejectment and confess judgment against the permittee; and the attorney shall be authorized to issue forthwith a writ of possession without leave of court, all at the cost of the permittee.

(iii) If work is stopped on a project for any reason, other than at the end of any normal work day, and any ditch or trench, in the opinion of the Department, remains open for an unreasonable period, the permittee, if so directed, shall refill the ditch or trench and work shall not be resumed until the permittee is prepared to proceed immediately with the work to its completion. In the event the permittee fails to refill the ditch or trench or proceed to completion of the work upon notice from the Department to do so, the Department may perform the necessary and required work and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Department’s invoice.

(iv) If the permittee, after making an opening in the surface to place or repair a drainage facility or for any other purpose, fails to restore any portion of the right-of-way to conform with Department specifications upon notice from the Department to do so, the Department may perform the work and the permittee shall reimburse the Department for the costs within 30 days after receipt of the Department’s invoice.

(5) Restoration of slopes. All disturbed slopes or earthen areas shall be restored to their original condition, or in a manner approved by the Department.

(6) Altering drainage prohibited. Unless specifically authorized by the permit, the permittee shall not:

(i) alter the existing drainage pattern or the existing flow of drainage water; or

(ii) direct additional drainage of surface water onto or into the highway right-of-way or highway facilities in a way which would have a detrimental effect on the highway or highway facilities.

(7) Disposition of materials. Disposition of materials shall comply with the following:

(i) The permittee shall keep the improved area free of all material which may be deposited by vehicles traveling upon or entering onto the highway during the performance of work authorized by the permit.

(ii) The permittee shall be responsible for controlling dust conditions created by its operations.

(iii) All excess material and material that is not suitable for backfill shall be removed and disposed of outside the right-of-way as the work progresses.

(iv) All retained suitable material shall be placed or stored outside the improved area, and in such a manner that there will be no interference with the flow of water in any gutter, drain, pipe, culvert, ditch, or waterway.

(8) Equipment damaging highway. Equipment damaging the highway shall conform with the following conditions:

(i) To protect the pavement and shoulders, all equipment shall have rubber wheels or runners and shall have rubber, wood, or similar protective pads between the outriggers and the surface, unless otherwise authorized by the permit.

(ii) In the event that other than rubber equipped machinery is authorized for use, the pavement and shoulders shall be protected by the use of matting, wood, or other suitable protective material having a minimum thickness of four inches.

(iii) If the equipment damages the pavement or shoulders, the permittee shall restore the pavement or shoulders to their former condition, at the expense of the permittee.

(9) Traffic protection and maintenance. Maintenance and protection of traffic shall be carried out in accordance with the requirements of the Department, as set forth in Publication 43 and Publication 90.

(i) The permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property in accordance with instructions furnished by the district office. A traffic control plan shall be submitted to and approved by the district office before closing any portion of a lane to vehicular traffic.

(ii) Traffic control devices shall be provided in accordance with Publication 43 and Publication 90. Any open trench or hole shall be adequately barricaded to prevent possible injury to pedestrians and the motoring public. All traffic control devices shall be of an approved type. Signs shall conform to the requirements of Publication 68.

(iii) Designated employes shall be assigned by the permittee to direct one lane traffic. Flagmen shall be provided as specified in the permit and in accordance with Publication 43 and Publication 90.

(10) Restoration. All disturbed portions of the highway, including slopes and all appurtenances and structures such as guard rail or drain pipes, shall be restored by the permittee to a condition at least equal to that which existed before the start of any work authorized by the permit. This includes providing appropriate end treatments on guard rail systems where existing guard rail is being broken by the driveway.

(11) Approval by inspector. Approval by the Department’s inspector of all or part of any permitted work shall not constitute acknowledgment that the work was performed in accordance with the permit, nor shall such approval of the inspector act as a release of the permittee or waiver by the Department of its right to seek performance or restitution by the permittee.

(12) Maintenance. All driveways and adjacent areas within the highway right-of-way shall be continuously maintained by the property owner so as to conform to the permit and so as not to interfere or be inconsistent with the design, maintenance, and drainage of the highway, or the safe and convenient passage of traffic upon the highway.

(13) Indemnification. The permittee shall fully indemnify and save harmless and defend the Commonwealth, its agents and employes, of and from all liability for damages or injury occurring to any person or persons or property through or in consequence of any act or omission of any contractor, agent, servant, employe, or person engaged or employed in, about, or upon the work, by, at the instance, or with the approval or consent of the permittee; from any failure of the permittee or any such person to comply with the permit or this chapter; and, for a period of two years after completion of the permitted work, from the failure of the highway in the immediate area of the work performed under the permit where there is no similar failure of the highway beyond the area adjacent to the area of the permitted work.

(14) Insurance. The permittee shall, when requested by the Department, submit to the district office a certificate or certificates of insurance for public liability and property damage, in form and amount satisfactory to the Department, to cover any loss that may be incurred for or on account of any matter, cause, or thing arising out of the permitted construction.

(15) Damage to highway. Restoration of highway shall include the following:

(i) If there is a failure of the highway, including slope or any other appurtenance thereto, in the immediate area of the permitted work within two years after the completion of the permitted work and there is no similar failure of the highway beyond the area adjacent to the area of the permitted work, the permittee shall have absolute responsibility to make all temporary and permanent restoration including restoration of the adjacent area if it has also failed.

(ii) If there is a failure of the highway, including slope or any other appurtenance thereto, in the area adjacent to the immediate area of the permitted work within two years after the completion of the permitted work and there is no similar failure of the highway in the area of the permitted work or beyond the area adjacent to the area of the permitted work, it shall be presumed that the work done by the permittee was the proximate cause of the failure and the permittee shall be responsible to make all temporary and permanent restoration unless the presumption is rebutted by clear and convincing evidence.

(iii) If there is a failure of the highway, including slope or any other appurtenance thereto, in the immediate area of the permitted work, which occurs more than 2 years after the completion of the permitted work, and there is no similar failure of the highway beyond the area adjacent to the area of the permitted work, it shall be presumed that the work done by the permittee was the proximate cause of the failure and the permittee shall be responsible to make all temporary and permanent restoration, including any failure of the adjacent area if it has also failed, unless the presumption is rebutted by clear and convincing evidence.

(iv) If there is a failure of the highway, including slope or any other appurtenance thereto, in the area adjacent to the immediate area of the permitted work, which occurs more than 2 years after the completion of the permitted work, the permittee shall be responsible to make all temporary and permanent restoration if the permitted work was the proximate cause of the failure.

(v) If the permitted work is the proximate cause of damage to the highway, including slope or any other appurtenance thereto, beyond the adjacent area, the permittee shall be responsible for all remedial work and shall make all temporary and permanent restoration.

(vi) Where the permittee has the responsibility to restore the highway, including slope or any other appurtenance thereto, under subparagraphs (i)—(v), including instances where a presumption of responsibility has not been rebutted, the permittee shall have the duty to restore the improved area in accordance with the permit. If the permittee fails to restore the improved area properly, the Department will have the authority to do the work at the expense of the permittee. The permittee shall reimburse the Department for the costs within 30 days after receipt of the Department’s invoice.

(16) Future additional driveways. Future additional driveways shall consist of the following:

(i) If the Department anticipates that a property may be subdivided and that such subdivision will result in an unacceptable number or arrangement of driveways or both, the Department may require the property owner to enter into an access covenant (Form CC-14) prior to issuance of a permit.

(ii) The access covenant will restrict access to the approved locations regardless of whether the land is later subdivided or conveyed to other persons, or both.

(iii) The access covenant shall become a part of the permit, which shall be recorded in the County Office of the Recorder of Deeds.

(17) Use of highway prohibited. Prohibited use of the highway shall be as follows:

(i) No part of the right-of-way shall be used for servicing vehicles, displays or conducting business. The area between the edge of the pavement and the right-of-way line shall be kept clear of all buildings, sales exhibits, business signs, vehicles, service equipment and similar items.

(ii) Improvements on private property adjacent to the right-of-way shall be so located that parking, stopping, and maneuvering of vehicles on the right-of-way will not be necessary in order for vehicles or patrons to be served. New liquid fuel pump islands installed in service stations adjacent to the highway shall be located at least 12 feet outside the right-of-way, in order for a driveway permit to be issued. See Figure 11 and Figure 12.

Discretion

Hearing officer committed no abuse of discretion by order approving application for highway occupancy permit upon conditions that permittee pay for traffic signal and driveway access as this was within exercise of power to make reasonable rules and regulations governing the use of highways and flow of traffic thereon. Popple v. Department of Transportation, 575 A.2d 973 (Pa. Cmwlth. 1990).

Preemption

The fact that the Department of Transportation issued a highway occupancy permit for direct access does not preempt the township’s ability to abide by its duly enacted ordinance, which contains safety standards stricter than the Department’s. The township’s requirement that the landowner establish access other than that approved by the Department was affirmed. Shelbourne Square Assocs., L.P. v. Exeter Township, 794 A.2d 946 (Pa. Cmwlth. 2002); appeal denied 814 A.2d 679 (Pa. 2002).

This section cited in 67 Pa. Code § 441.4 (relating to permit fees).

History

• Authority: The provisions of this Chapter 441 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa.

67 Pa. Code § 441.7 General driveway requirements.

(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.

(c) Specific location restrictions. Specific location restrictions shall include the following:

(1) Access driveways may not be located at interchanges, ramp areas, or locations that would interfere with the placement and proper functioning of highway signs, signals, detectors, lighting or other devices that affect traffic control.

(2) The location of a driveway near a signalized intersection may include a requirement that the permittee provide, in cooperation with the municipality, new or relocated detectors, signal heads, controller and the like, for the control of traffic movements from the driveway.

(3) Access to a property which abuts two or more intersecting streets or highways may be restricted to only that roadway which can more safely accommodate its traffic.

(4) The Department may require the permittee to locate an access driveway directly across from a highway, local road, or access driveway on the opposite side of the roadway if it is judged that offset driveways will not permit left turns to be made safely or that access across the roadway from one access to the other will create a safety hazard.

(d) Local roads. An access intended to serve more than three properties or to act as a connecting link between two or more roadways shall be, for the purpose of this chapter, considered a local road and not a driveway regardless of its ownership. As such, its design must be in accordance with the Department’s current standards governing the design of local roads. All other requirements of this chapter shall be complied with before the local road will be allowed access onto a State highway.

(e) Number of driveways. The number and location of entrances which may be granted will be based on usage, interior and exterior traffic patterns, and current design policy of the Department.

(1) Normally, only one driveway will be permitted for a residential property and not more than two driveways will be permitted for a nonresidential property.

(2) If the property frontage exceeds 600 feet, the permit may authorize an additional driveway.

(3) Regardless of frontage, a development may be restricted to a single entrance/exit driveway, served by an internal collector road separated from the traveled way.

(f) Approaches to driveways. Driveway approaches shall conform to the following standards:

(1) The location and angle of an access driveway approach in relation to the highway intersection shall be such that a vehicle entering or leaving the driveway may do so in an orderly and safe manner and with a minimum of interference to highway traffic.

(2) Where the access driveway approach and highway pavement meet, flaring of the approach may be necessary to allow safe, easy turning of vehicular traffic.

(3) Where the highway is curbed, driveway approaches shall be installed 1 1/2 inches above the adjacent highway or gutter grade to maintain proper drainage. See Figure 5.

History

• Authority: The provisions of this Chapter 441 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa.

67 Pa. Code § 441.8 Driveway design requirements.

(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.

(ii) Low volume driveway, see Figure 8. A driveway normally used by more than 25 vehicles per day but less than 750 vehicles per day, such as:

(A) office buildings;

(B) elementary and junior high schools; or

(C) car washes.

(iii) Medium volume driveway, see Figures 9, 11, and 12. A driveway normally used by more than 750 vehicles but less than 1500 vehicles per day, which does not normally require traffic signalization, such as:

(A) motels;

(B) fast food restaurants; or

(C) service stations and small shopping centers or plazas.

(iv) High volume driveway, see Figure 10. A driveway normally used by more than 1500 vehicles per day, which often requires traffic signalization, such as:

(A) large shopping centers; or

(B) multi-building apartment or office complexes.

(2) The design features described in this section and illustrated in the attendant figures are to be used by the applicant in designing the driveway plans which accompany the application. Dimensions shall be selected from the range of values shown on the appropriate figure, unless site conditions warrant a deviation. The Department may require design details which are more stringent than those specified in this chapter to insure the safe and efficient operation of any proposed driveway.

(3) Figures 7, 8, and 9 show two sets of design values. The applicant shall design his driveway using the values appropriate for the posted speed of the roadway being accessed.

(b) Angle of access driveway approach. Angle of access driveway approach shall include the following:

(1) Access driveway approaches used for two-way operation shall be positioned at right angles, that is, 90 degrees, to the highway or as near thereto as site conditions permit, except as authorized in Figure 11.

(2) When two access driveways are constructed on the same property frontage and used for one-way operation, each of these driveways may be placed at an angle less than a right angle, but not less than 45 degrees to the highway, except that along divided highways where no openings are allowed in the median the minimum angle of an exit driveway may be 30 degrees, as shown in Figure 12.

(c) Driveways adjacent to intersections. Driveways serving properties located adjacent to a highway intersection shall be subject to the following:

(1) There shall be a minimum ten foot tangent distance between the intersecting highway radius and the radius of the first permitted driveway.

(2) The distance from the edge of pavement of the intersecting highway to the radius of the first permitted driveway shall be a minimum of 20 feet on curbed highways and 30 feet on uncurbed highways.

(3) Paragraphs (1) and (2) of this subsection may be waived only if the intersecting highway radius extends along the property frontage to the extent that compliance is physically impossible.

(d) Property line clearance. Except for joint-use driveways, no portion of any access shall be located outside of the property frontage boundary line.

(e) Multiple driveways. Multiple driveways serving the same property must be separated by a minimum distance of 15 feet measured along the right-of-way line and 20 feet measured along the shoulder, ditch line, or curb. When the distance between multiple driveways is 50 feet or less measured along the shoulder or ditch line, the area between shall be clearly defined by permanent curbing. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. It shall be extended around the driveway radii to the right-of-way line.

(f) Site requirements. Site requirements shall be as follows:

(1) All nonresidential buildings shall be located a sufficient distance from the right-of-way line to provide ample driving area and parking off the right-of-way to prevent storage of vehicles on the access driveways and to prevent the back-up and turning of vehicles on the highway pavement.

(2) The radii of internal curves shall be as large as possible to allow a direct movement from the highway into a proper position to obtain service or parking without any interference to other vehicles attempting the same maneuver.

(3) Applications for driveways providing access to drive-in-service developments shall, when requested, include information relative to the amount of storage provided between the service facility and the right-of-way, the number of service operations anticipated during peak periods, and the hours and days of operation.

(4) The area between the right-of-way line adjacent to and on both sides of a driveway shall be used as a clear zone to provide a physical barrier between the traveled way and activity on private property. This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles.

(g) Curbing. Requirements for curbing shall conform with the following:

(1) The permit may require the installation of curbing wherever it is required to control access or drainage, or both. All curbing must be permanent curbing, as defined in § 441.1 of this title (relating to definitions).

(2) Where property abutting the right-of-way line could be used as parking area, the permit may require curbing, permanent guardrail, or fencing to be constructed along the right-of-way line in order to prohibit vehicle encroachment upon the sidewalk or shoulder area.

(3) If, in the opinion of the Department, there is a high probability that vehicles would otherwise utilize a portion of the property frontage other than the approved driveway to gain access to the property, the permit may require curbing or other physical barriers to be constructed.

(4) When curb exists adjacent to the proposed driveway, the line and grade of the existing curb shall be matched, unless otherwise authorized by the permit.

(h) Sight distance. Conditions for sight distance shall be as follows:

(1) Access driveways shall be located at a point within the property frontage limits which provides at least the minimum sight distance listed in the appropriate following table:

Table 1—Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto two-lane roads.

1 Measured from a vehicle ten feet back of the pavement edge.

Table 2—Safe Sight Distance for buses and combinations exiting from driveways onto two-lane roads.

1 Measured from a vehicle ten feet back of the pavement edge.

Table 3—Safe Sight Distance for passenger cars and single unit trucks exiting from driveways onto four and six-lane roads.

1 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the outside lane.

2 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane.

Table 4—Safe Sight Distance for buses and combinations exiting from driveways onto four and six-lane roads.

1 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the outside lane.

2 Measured from a vehicle ten feet back of the pavement edge to a vehicle approaching in the median lane.

Table 5—Safe Sight Distance for passenger cars and single unit trucks entering driveways by left turns.

1 Measured from the point where a left-turning vehicle stops to a vehicle in the outside lane.

Table 6—Safe Sight Distance for buses and combinations entering driveways by left turns.

1 Measured from the point where a left-turning vehicle stops for a vehicle in the outside lane.

(2) In using Tables 1 through 6 the following additional requirements shall apply:

(i) Tables 2, 4, and 6 shall be used in lieu of Tables 1, 3, and 5 only when combination traffic exceeds 5.0% of the total traffic using the proposed driveway.

(ii) Posted speeds shall be used unless operating speeds vary from the posted speed by more than ten miles per hour, in which case the Department may require that operating speeds be used.

(iii) The sight distances in Tables 1 through 4 apply only when highway grades are zero to 3.0%, either up or down.

(A) When the highway grade in the section to be used for acceleration, after leaving the driveway, ascends at 3.0—5.0%, the sight distance in the direction of approaching ascending traffic may be increased by a factor of 1.4.

(B) When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7.

(C) When the highway grade in the section to be used for acceleration after leaving the driveway descends at 3.0—5.0%, sight distance in the direction of approaching descending highway traffic may be reduced by a factor of 0.6.

(D) When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5.

(iv) The sight distance values in Tables 1 through 6 are desirable for safe operation of the driveway. Sight distance values less than desirable will be accepted only if it is impossible to achieve the desirable value by locating the driveway at any point within the property frontage boundaries. The minimum acceptable sight distance values shall be computed from the following formula:

SSSD = 1.47 Vt + V2 30 (f+g)

SSSD = Minimum safe stopping sight distance (feet).

V = Velocity of vehicle (miles per hour).

t = Perception time of motorist (average = 2.5 seconds).

f = Wet friction of pavement (average = 0.30).

g = Percent grade of roadway divided by 100.

(3) If sight distance requirements as specified in this chapter cannot be met, the Department may:

(i) prohibit left turns by exiting vehicles;

(ii) restrict turning movements to right turns in and out of a driveway;

(iii) require installation of a right turn acceleration lane or deceleration lane;

(iv) require installation of a separate left turn standby lane;

(v) alter the horizontal or vertical geometry of the roadway; or

(vi) deny access to the highway.

(i) Grade of access driveway. Grade of access driveway shall be constructed in the following manner:

(1) All driveways shall be constructed so as not to impair drainage within the right-of-way, alter the stability of the improved area, or change the drainage of adjacent areas.

(2) Where a drainage ditch or swale exists, the permittee shall install adequate pipe under the driveway in accordance with Form 408. Drainage pipe installed under driveways shall be at least 15 inches in diameter.

(3) The side slopes for driveway embankments within the right-of-way shall not be steeper than ten to one. See Figure 6.

(4) Grade requirements in uncurbed shoulders within the right-of-way shall conform to Figure 1.

(5) Grade requirements where curbs and sidewalks are present.

(i) The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. See Figure 5.

(ii) The difference between the cross slope of the roadway and the upward grade of the driveway approach shall not exceed 8.0%.

(iii) When a planted area exists in front of the sidewalk, one of the following three cases shall apply:

(A) When the grass strip between the curb and the sidewalk is wide enough to maintain an 8.0% maximum driveway approach grade, construct the driveway as shown in Figure 2.

(B) If the driveway grade would exceed 8.0%, depress the outer edge of the sidewalk and maintain a maximum sidewalk cross slope of 6.0%. This will enable the driveway slope to stay within the 8.0% slope limit. See Figure 3.

(C) If the sidewalk cross slope would exceed 6.0%, as indicated in clause (B) of this subparagraph, depress the entire sidewalk. The amount of depression shall not exceed 1 1/2 inches at the inner edge of the sidewalk. The longitudinal slope of the sidewalk shall not exceed two inches per foot. See Figure 3.

(iv) When the sidewalk is directly against the back of the curb and the sidewalk is at least five feet wide, the curb shall be sloped as shown in Figure 5 of this subsection. This will eliminate the need for depressing the back edge of the sidewalk. For sidewalks narrower than five feet, the curb will be sloped and the back edge of the sidewalk will be depressed (maximum 1 1/2 inches) to maintain an 8.0% maximum grade on the driveway. The longitudinal grade of the sidewalk shall not exceed two inches per foot.

(j) Auxiliary lanes. Auxiliary lanes shall consist of the following:

(1) Acceleration and deceleration lanes. The combination of highway speed, volumes, location, and arrangement of driveways and intersections may require the installation of an acceleration or deceleration lane, or both, to serve a proposed low, medium, or high volume driveway. When required by the permit, a speed change lane of sufficient length and width shall be constructed to allow vehicles to safely decelerate or accelerate when entering or leaving the property.

(2) Left turn stand-by lanes. The permit may require the installation of a left turn stand-by lane to separate and protect left turning vehicles from through traffic if failure to do so would result in an undue hazard to the traveling public.

(3) Additional right-of-way for lanes. Where the width of the highway right-of-way is insufficient to permit the construction of a needed auxiliary lane, the permittee shall provide any necessary additional right-of-way.

(4) Cost. When required, auxiliary lanes shall be constructed, at no cost to the Department, in accordance with the Roadway Construction Standards and Form 408.

(5) Lane in front of another property. If an auxiliary lane must be located in front of property of another person, the applicant shall be required to secure the approval of the other person or indemnify the Commonwealth against any action which the other person may bring against the Commonwealth.

(k) Access driveway pavement. Access driveways shall be appropriately surfaced with a stabilized material between the traveled way and the right-of-way line unless a higher type material is specified by the permit. Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. Materials used in the construction of driveways shall meet the requirements of Form 408. The driveway pavement shall be at least four inches thick within the right-of-way.

(l) Driveways relative to ramps. Ramps are intended to provide access from one roadway or roadway system to another with a minimum amount of conflict or interference from other traffic. To insure the integrity of this intended function, no access driveway will be permitted on a ramp or within 50 feet of the intersection of the edge of pavement of the ramp or its speed change lane with the edge of pavement of the intersecting roadway. Exceptions will be considered only if the enforcement of this subsection would result in the prohibition of reasonable access from the adjacent property to the highway system.

(m) Median openings. Median openings shall consist of the following:

(1) The removal of a portion of median divisor along a divided highway to provide access to and from traffic in both directions will not be permitted unless it is determined that the operating characteristics of the highway system will be improved by such action.

(2) A left turn standby lane shall be installed to separate and protect left turning vehicles whenever a median opening is permitted.

(3) Requests for removal of a median divisor will not be granted without the approval of the director.

(n) Shoulder upgrading. Where the existing shoulder on either side of a proposed low, medium, or high volume driveway is not adequate to allow its use by turning vehicles, the permittee shall upgrade the shoulder area for a minimum of 100 feet on either side of the driveway. The type of shoulder to be installed will be specified by the permit, in accordance with the volume and type of traffic expected to use the driveway.

(o) Traffic control devices. Requirements for traffic control devices shall be as follows:

(1) Nonelectrically powered devices. The permittee shall, at his own expense, install and maintain all nonelectrically powered traffic control devices, as specified in the permit, which are required to provide for the safe and orderly movement of vehicular or pedestrian traffic, or both. These devices shall include, but not be limited to, any required regulatory, warning or guide signs, delineators, and pavement markings.

(2) Electrically powered devices. Electrically powered devices shall consist of the following:

(i) When power operated devices, including traffic signals, are required for proper traffic control, a traffic signal permit (Form TE 964) shall be obtained in addition to the occupancy permit. The permit to own and operate a traffic control device shall be requested by and issued to only the appropriate municipality.

(ii) Applications for driveways which include traffic signal control shall be accompanied by the following additional information:

(A) An engineering study in sufficient detail to allow determination of the need for signal control and the adequacy of its design and operation.

(B) Location of traffic signal heads, poles, controller, and detectors.

(C) Phasing and timing diagrams.

The provisions of this § 441.8 amended November 27, 1981, effective October 17, 1981, 11 Pa. B. 4159. Immediately preceding text appears at serial pages (62045) and (62046).

This section cited in 67 Pa. Code § 441.6 (relating to general conditions).

Although driveway opening on to State highway was established prior to promulgation of the regulations, the regulation could be applied retroactively to reasonably limit ingress and egress since property is held subject to valid police power regulations ‘‘made, and to be made, for the health and comfort of the people.’’ Department of Transportation v. Longo, 510 A.2d 832 (Pa. Cmwlth. 1986); affirmed 518 A.2d 265 (Pa. 1986).

History

• Authority: The provisions of this Chapter 441 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa.

67 Pa. Code § 441.9 Driveway layout illustrations.

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.

History

• Authority: The provisions of this Chapter 441 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa.

67 Pa. Code § 441.10 Penalties and enforcement.

(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.

(b) Additional grounds for revocation. Additional grounds for revocation shall be as follows:

(1) The Secretary may revoke a permit whenever he determines that the driveway or approaches or their use constitute a hazard to traffic or interferes with the proper use of the highway by the Department or the public.

(2) The director may revoke a permit for nonpayment of a fee specified in § 441.4 (relating to permit fees) including default of a check submitted for the payment.

(c) Revocation procedure. Prior to revocation of a permit except for nonpayment as specified in paragraph (2), the applicant shall be given an opportunity for a hearing in accordance with 2 Pa.C.S. § § 501—508 (relating to practice and procedure of Commonwealth agencies).

History

• Authority: The provisions of this Chapter 441 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 441 adopted March 28, 1980, effective April 1, 1980, 10 Pa.

Chapter 443 Roadside Rest Areas

67 Pa. Code § 443.1 Purpose and policy.

(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.

The provisions of this § 443.1 amended October 24, 2014, effective October 25, 2014, 44 Pa.B. 6777. Immediately preceding text appears at serial page (251083).

This section cited in 67 Pa. Code § 443.2 (relating to prohibited activities or actions).

History

• Authority: The provisions of this Chapter 443 issued and amended under section 8 of the act of June 7, 1961 (P.
• Source: The provisions of this Chapter 443 adopted April 28, 1972, effective April 29, 1972, 2 Pa.

67 Pa. Code § 443.2 Prohibited activities or actions.

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.

(11) Picking, cutting, breaking, damaging or abuse of plants or vegetation or parts thereof.

(12) Use of the area or facilities for bathing or washing of garments or clothing.

(13) Sale of a product or conduct of other commercial activity listed in subparagraph (i) or (ii) except when authorized by law or when, in furtherance of the needs of the traveling public, the Department authorizes, by written agreement:

(i) Commercial activities, sponsorship opportunities, or vending and communication facilities in roadside rest areas along limited access rights of way.

(ii) Commercial activities, sponsorship opportunities, or vending or communication facilities in roadside rest areas not along limited access rights of way.

(14) Driving a motor vehicle in excess of 25 miles per hour, except on entrance or exit ramps.

(15) Use of the area or facilities when closed for the season or closed for any other reason.

(16) Engaging in loud, boisterous or abusive conduct or engaging in or soliciting lewd or lascivious conduct, including, but not limited to, sexual intercourse, indecent exposure, open lewdness or prostitution.

(17) Skateboarding, rollerblading, skating, biking, sledding or riding of all-terrain vehicles.

(18) Camping overnight or setting up a tent, sleeping anywhere but in a legally parked vehicle or remaining anywhere at a roadside rest area for more than 2 hours or as otherwise posted.

(19) Smoking in areas designated as ‘‘no smoking.’’

(20) Distributing written materials, except on terms and conditions the Department deems appropriate.

(21) Use of the area or facilities for special events, except for free ‘‘coffee break’’ events and similar nonprofit activities for the traveling public when approved by the Department and on terms and conditions the Department deems appropriate.

(22) Other potentially disruptive activities that interfere with the proper functioning of the rest area for the purposes in § 443.1 (relating to purpose and policy), including, but not limited to:

(i) Soliciting, harassing, intimidating or coercing travelers.

(ii) Impeding the movement of pedestrians or interrupting traffic flow.

(iii) Picketing, demonstrating or performing oration or similar activities.

The provisions of this § 443.2 amended April 28, 1978, effective April 29, 1978, 8 Pa.B. 1193; amended January 18, 1980, effective January 19, 1980, 10 Pa.B. 218; amended September 17, 1982, effective September 18, 1982, 12 Pa.B. 3296; amended October 24, 2014, effective October 25, 2014, 44 Pa.B. 6777. Immediately preceding text appears at serial pages (251083) to (251084).

This section cited in 67 Pa. Code § 443.3 (relating to additional prohibited activities or actions on noninterstate highways).

History

• Authority: The provisions of this Chapter 443 issued and amended under section 8 of the act of June 7, 1961 (P.
• Source: The provisions of this Chapter 443 adopted April 28, 1972, effective April 29, 1972, 2 Pa.

67 Pa. Code § 443.3 Additional prohibited activities or actions on noninterstate highways.

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.

The provisions of this § 443.3 amended October 24, 2014, effective October 25, 2014, 44 Pa.B. 6777. Immediately preceding text appears at serial page (251084).

History

• Authority: The provisions of this Chapter 443 issued and amended under section 8 of the act of June 7, 1961 (P.
• Source: The provisions of this Chapter 443 adopted April 28, 1972, effective April 29, 1972, 2 Pa.

Chapter 445 Outdoor Advertising Devices

67 Pa. Code § 445.1 Purpose.

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.

The provisions of this § 445.1 adopted May 12, 1972, effective May 13, 1972, 2 Pa.B. 845; renumbered September 8, 1978, effective September 9, 1978, 8 Pa.B. 2534.

Highway Ramps

Even though the advertising device was not visible from the extrance/exit ramps, because it was located within 500 feet of a ramp, it was prohibited and the Department of Transportation appropriately denied the advertising permit. Martin Media v. Department of Transportation, 661 A.2d 479 (Pa. Cmwlth. 1995); appeal denied 672 A.2d 312 (Pa. 1995).

History

• Authority: The provisions of this Chapter 445 issued under section 6 of the Outdoor Advertising Control Act of 1971 (36 P.
• Source: The provisions of this Chapter 445 adopted May 12, 1972, effective May 13, 1972, 2 Pa.

67 Pa. Code § 445.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Outdoor Advertising Control Act of 1971 (36 P. S. § § 2718.101—2718.115). Advertising device—A sign as defined in this chapter. Area clearly established by law as industrial or commercial—A zoned commercial or industrial area. Back to back sign—A single structure having two parallel and directly opposite faces, oriented in opposite directions and spaced no more than 10 feet apart. Centerline of the highway—A line equidistant from the edges of the median separating the main-traveled ways of a divided highway, or the center-line of the main-traveled way of a nondivided highway. Commercial or industrial activities—Those activities generally recognized as commercial or industrial by zoning laws in this Commonwealth, except that none of the following activities shall be considered commercial or industrial:

(i) Outdoor advertising signs.

(ii) Agricultural, forestry, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands.

(iii) Activities not visible from the main-traveled way.

(iv) Activities conducted in a building principally used as a residence.

(v) Railroad tracks and minor sidings. Department—The Department of Transportation of the Commonwealth. Directional and official signs and notices—Only official signs and notices, public utility signs, service club and religious notices, public service signs and directional signs. Directional informational signs—Signs which existed on June 1, 1972, and contained specific directional information of a nature not defined under the directional and official signs and notices or the directional signs categories. These signs shall be limited to those devices which provide specific directional information for the traveling public to the following facilities: food services, lodging, gasoline and automotive services, truck stops, campgrounds, resorts, tourist attractions, natural wonders, scenic and historical sites and areas of outdoor recreation. Entrance roadway—A public road or turning roadway, including acceleration lanes, by which traffic may enter the main-traveled way of an interstate or primary highway from the general road system, irrespective of whether traffic may also leave the main-traveled way by the road or turning roadway. Erect—To construct, build, assemble, place, affix, attach, create, paint, draw or bring into being or establish. The term does not include the foregoing activities when performed as an incident to the change of advertising message or customary maintenance and repair of a sign or sign structure. Customary maintenance and repair does not include major physical changes such as increase in size or height or addition of or change in lighting. Exit roadway—A public road or turning roadway including deceleration lanes, by which traffic may leave the main-traveled way of an interstate or primary highway to reach the general road system, irrespective of whether traffic may also enter the main-traveled way by the road or turning roadway. Federal or State law—A Federal or State constitutional provision or statute, or an ordinance, rule or regulation enacted or adopted by a State or Federal agency or a political subdivision or school district under a Federal or State constitution or statute. Freeway—A limited access highway. Highway, road or street—A public right-of-way improved primarily for vehicles. Unimproved rights-of-way, private roads and drives are not to be regarded as highways, roads or streets. Incorporated municipalities—Cities of all classes, boroughs, towns and first-class townships. Information center—An area or site established for the purpose of informing the public of places of interest within this Commonwealth and providing other information that the Secretary may consider desirable. Interstate system—That portion of the National system of interstate and defense highways located within this Commonwealth, as officially designated, or as may hereafter be so designated, by the Secretary and approved by the United States Secretary of Transportation, under 23 U.S.C.A. § 103 (relating to highways). Limited access highway—A public highway to which owners or occupants of abutting property or the traveling public have no right of ingress or egress to, from or across the highway, except as may be provided by the authorities responsible therefore. Maintain—To allow to exist. Main-traveled way—The traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. The term does not include such facilities as frontage roads, turning roadways or parking areas. Nonconforming sign—A sign which was legally erected but which does not conform to the requirements of the act. Official signs and notices—Signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in Federal, State or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by State law and erected by State or local government agencies or nonprofit historical societies may be considered official signs. Parkland—A publicly-owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site. Premises—The property upon which the activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with the buildings or uses. The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on the land are to be considered off-premise advertising:

(i) Land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway or other obstruction, and not used by the activity; and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.

(ii) Land which is used for, or devoted to, a separate purpose unrelated to the advertised activity.

(iii) Land which is more than 100 feet from the principal activity, and in closer proximity to the highway than to the principal activity, and developed or used only in the area of the sign site or between the sign site and the principal activity and whose purpose is for advertising purposes only. In no event may a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is nonbuildable land, or is a common or private roadway, or is held by easement or other lesser interest than the premises where the advertised activity is located. Primary system—That portion of connected main highways located within this Commonwealth which now or hereafter may be designated officially by the Secretary and approved by the Secretary of Transportation of the United States under 23 U.S.C.A. Public service signs—Signs located on school bus stop shelters, which signs:

(i) Identify the donor, sponsor or contributor of the shelters.

(ii) Contain public service safety slogans or messages, which shall occupy not less than 50% of the area of the sign.

(iii) Contain no other message.

(iv) Are located on school bus shelters which are authorized or approved by city, county or State law, regulation or ordinance and at places approved by the city, county, State or other agency controlling the highway involved.

(v) May not exceed 32 square feet in area. Not more than one sign on each shelter shall face in any one direction. Public utility signs—Warning signs, informational signs, notices or markers which are customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations. Route—Highway, or part thereof, or combination of highways designated by the same letter, name or number (for example, I-80, US 322, PA 309, Susquehanna Trail) under the provisions of section 204 of the State Highway Law (36 P. S. § 670-204), and commonly known as a numbered traffic route. Rural area—An area not included in an urban area. Safety rest area—An area or site established and maintained within or adjacent to the highway right-of-way by or under public supervision or control, for the convenience of the traveling public. Scenic area—An area of particular scenic beauty or historical significance as determined by the Federal, State or local officials having jurisdiction thereof, and includes interests in land which have been acquired for the restoration, preservation and enhancement of scenic beauty. Secretary—The Secretary of the Department of Transportation of the Commonwealth. Service club and religious notices—Signs and notices, whose erection is authorized by law, relating to meetings of nonprofit service clubs or charitable associations, or religious services, which signs do not exceed 8 square feet in area. Sign—An outdoor sign, display, light, figure, painting, drawings, message, plaque, poster, billboard or other thing which is designed, intended or used to advertise or inform. The word, ‘‘sign,’’ as used in this chapter is synonymous with the phrase, ‘‘outdoor advertising device,’’ as defined in the act. Trade name—Brand name, trademark, distinctive symbol or other similar device or thing used to identify particular products or services. Traveled way—The portion of a roadway for the movement of vehicles, exclusive of shoulders. Turning roadway—A connecting roadway for traffic turning between two intersecting legs of an interchange. Unzoned commercial or industrial area—An area which is not zoned by State or local law, regulation or ordinance and on which there is located one or more commercial or industrial activities and the area along the highway extending outward 800 feet from and beyond the edge of the activity. Unzoned commercial and industrial areas do not include land on the opposite side of the highway from the activities except that on two or three-lane noncontrolled access highways the unzoned commercial or industrial area may be located on the opposite side of the highway from the commercial or industrial activity, if, in the opinion of the Secretary, the topographical conditions on the same side of the highway as the activity are such that it is not reasonably usable, and provided that the land on the opposite side of the highway has not been designated scenic by the Department. In no event may the unzoned commercial or industrial area be located on both sides of the highway. Measurements shall be from the outer edges of the regularly used building, parking lots, storage or processing areas of the commercial or industrial activities, not from the property lines of the activities, and shall be along or parallel to the edge of the pavement of the highway. Urban area—An urbanized area or an urban place designated by the United States Bureau of Census as having a population of 5,000 or more and whose boundaries have been approved by the Secretary of the United States, Department of Transportation. V-type sign—A single structure having two faces in the shape of the letter ‘‘V’’ when viewed from above, with the faces oriented in opposite directions. Visible—Capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. Zoned commercial or industrial area—An area which is reserved for business, industry, commerce, trade or other business of any type or category under a State or local zoning law, ordinance or regulation.

The provisions of this § 445.2 adopted May 12, 1972, effective May 13, 1972, 2 Pa.B. 845; amended May 21, 1976, effective May 22, 1976, 6 Pa.B. 1135; renumbered September 8, 1978, effective September 9, 1978, 8 Pa.B. 2534; amended January 19, 1979, effective January 20, 1979, 9 Pa.B. 267.

Construction

The Department of Transportation’s interpretation of what constitutes an ‘‘on-premises’’ sign is clearly erroneous, as it is inconsistent with the express provisions of the definition of ‘‘premises.’’ A regulation must be construed, if possible, to give effect to all of its provisions, and every word is to be given meaning and not treated as surplusage. Highway News, Inc. v. Department of Transportation, 789 A.2d 802 (Pa. Cmwlth. 2002).

Nonconforming

In determining whether less than 50% of the storm damaged nonconforming sign remained ‘‘intact,’’ thus precluding the sign owner from repairing or rebuilding the sign located in the residentially zoned area, the Department improperly expanded the meaning of ‘‘intact’’ to include the concept of ‘‘upright’’ and ‘‘in place.’’ Martin Media v. Department of Transportation, 641 A.2d 630 (Pa. Cmwlth. 1994).

Presumption of Validity

Defining ‘‘zoned commercial or industrial area’’ as an area clearly established as industrial or commercial was not abuse of discretion by the Department of Transportation. Generally, in the absence of such abuse of discretion, a regulation promulgated by a State agency is presumed valid. Kasha v. Department of Transportation, 782 A.2d 15 (Pa. Cmwlth. 2001).

History

• Authority: The provisions of this Chapter 445 issued under section 6 of the Outdoor Advertising Control Act of 1971 (36 P.
• Source: The provisions of this Chapter 445 adopted May 12, 1972, effective May 13, 1972, 2 Pa.

67 Pa. Code § 445.3 Directional and official signs.

(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.

(2) Size. Size of the sign shall conform with the following:

(i) A sign may not exceed the following limits:

(A) Maximum area—150 square feet.

(B) Maximum height—20 feet.

(C) Maximum length—20 feet.

(ii) Dimensions include border and trim, but exclude supports.

(3) Lighting. Signs may be illuminated, subject to the following:

(i) Signs which contain, include or are illuminated by a flashing, intermittent or moving light are prohibited.

(ii) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at a portion of the traveled way or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of a motor vehicle, or which otherwise interfere with a driver’s operation of a motor vehicle is prohibited.

(iii) A sign may not be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device or signal.

(4) Spacing. Requirements for spacing shall be as follows:

(i) Each location of a directional sign shall be approved by the Department.

(ii) A directional sign may not be located within 2,000 feet of an interchange, or intersection at grade along the interstate system or other freeways (measured along the interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way).

(iii) A directional sign may not be located within 2,000 feet of a safety rest area, parkland or scenic area.

(iv) Two directional signs facing the same direction of travel may not be spaced less than 1 mile apart.

(v) Not more than three directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity.

(vi) Signs located adjacent to the interstate system shall be within 75 air miles of the activity.

(vii) Signs located adjacent to the primary system shall be within 50 air miles of the activity.

(5) Message content. The message on directional signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route number or exit number. Descriptive words or phrases, and pictorial or photographic representations of the activity or its environs is prohibited.

(6) Selection methods and criteria. Selection methods and criteria shall include:

(i) Privately-owned activities or attractions eligible for directional signing are limited to the following: natural phenomena, scenic attractions; historic, educational, cultural, scientific and religious sites; and outdoor recreational areas.

(ii) To be eligible, privately owned attractions or activities shall be nationally or regionally known, and of outstanding interest to the traveling public.

The provisions of this § 445.3 adopted May 12, 1972, effective May 13, 1972, 2 Pa.B. 845; amended May 21, 1976, effective May 22, 1976, 6 Pa.B. 1135; renumbered September 8, 1978, effective September 9, 1978, 8 Pa.B. 2534.

This section cited in 67 Pa. Code § 445.6 (relating to permits).

History

• Authority: The provisions of this Chapter 445 issued under section 6 of the Outdoor Advertising Control Act of 1971 (36 P.
• Source: The provisions of this Chapter 445 adopted May 12, 1972, effective May 13, 1972, 2 Pa.

67 Pa. Code § 445.4 Signs in zoned or unzoned commercial or industrial areas.

(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.

(b) Maintenance. A sign may not be erected or maintained inconsistent with the following criteria:

(1) Size of signs. Size of signs shall include:

(i) The maximum area for one sign shall be 1200 square feet with a maximum height of 30 feet and maximum length of 60 feet, inclusive of a border and trim but excluding the base or apron, supports and other structural members.

(ii) The area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign.

(iii) A sign structure may contain one or two signs per facing and may be placed double-faced, back to back or V-type.

(iv) Signs which exceed 600 square feet in area may not be double-faced (abutting and facing the same direction).

(2) Spacing of signs. Spacing of signs shall include the following:

(i) Along the interstate system and limited access highways on the primary system, no two sign structures may be spaced less than 500 feet apart; and outside the boundaries of cities of all classes and boroughs, no structure may be erected adjacent to or within 500 feet of an interchange or safety rest area, measured along the interstate or limited access primary from the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way.

(ii) Along nonlimited access highways on the primary system, no two structures shall be spaced less than 300 feet apart if outside cities of all classes and boroughs, nor less than 100 feet apart if within the cities and boroughs.

(iii) These spacing provisions do not apply to sign structures separated by a building or other obstruction in such a manner that only one sign facing located within these spacing distances is visible from the highway at any one time.

(iv) Official and on-premise signs may not be counted nor may measurements be made from them for purposes of determining spacing requirements.

(v) The distance between sign structures shall be measured along the nearest edge of the pavement between points directly opposite the signs along the same side of the traveled way.

(3) Lighting of signs. The lighting of signs includes the following:

(i) A sign may not be permitted which is not effectively shielded so as to prevent beams or rays of light from being directed at a portion of the traveled ways of the interstate or primary systems or which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of a vehicle, or which interferes with a driver’s operation of a motor vehicle.

(ii) A sign may not be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.

(iii) Lighting of signs shall be subject to other provisions relating to lighting of signs along highways under the jurisdiction of the Department.

(iv) Signs which contain, include or are illuminated by a flashing, intermittent or moving light or lights shall be prohibited, except those giving public service information such as time, date, temperature, weather or similar information.

(4) General provisions. General provisions shall comply with the following:

(i) Signs may not be erected or maintained in such a manner as to obscure or otherwise physically interfere with an official traffic sign, signal or device or to obstruct or physically interfere with the driver’s view of approaching, merging or intersecting traffic.

(ii) Signs may not be erected or maintained which imitate or resemble any official traffic sign, signal or device.

(iii) Signs may not be erected or maintained upon trees or painted or drawn upon rocks or natural features.

(iv) Signs which are structurally unsafe may not be erected or maintained. If a sign is determined by the Department to be structurally unsafe, a reasonable time will be accorded the owner to make necessary repairs. If necessary repairs are not made within a reasonable time following notice given by the Department, the signs will be subject to removal by the Department under section 10 of the act (36 P. S. § 2718.110).

The provisions of this § 445.4 adopted May 12, 1972, effective May 18, 1972, 2 Pa.B. 845; amended May 21, 1976, effective May 22, 1976, 6 Pa.B. 1135; renumbered September 8, 1978, effective September 9, 1978, 8 Pa.B. 2534.

Exceptions

Advertiser’s double-faced sign advertising off-premises activity within 500 feet of an interchange was not exempted from the prohibition of sign under this section because it was only visible to a motorist on one side of the road. George Washington Motor Lodge Co. v. Department of Transportation, 545 A.2d 493 (Pa. Cmwlth. 1988).

Advertiser’s sign structure on its property advertising on-premise activity was within the exception of prohibiting the advertisement of off-premise activity within 500 feet of an interchange. George Washington Motor Lodge Co. v. Department of Transportation, 545 A.2d 493 (Pa. Cmwlth. 1988).

The Department’s interpretation of ‘‘the exit or entrance,’’ in this section to mean all entrances or exits from the sign was upheld because the petitioner could not prove the interpretation to be plainly erroneous. George Washington Motor Lodge Co. v. Department of Transportation, 545 A.2d 493 (Pa. Cmwlth. 1988).

Petitioner’s sign structure on its property advertising on-premise activity was found to be within the exception of prohibiting the advertisement of off-premises activity within 500 feet of an interchange. George Washington Motor Lodge Co. v. Department of Transportation, 545 A.2d 493 (Pa. Cmwlth. 1988).

Petitioner’s assertion that its double-faced sign advertising off-premises activity within 500 feet of an interchange should be exempted from the prohibition of sign under this section because it was only visible to a motorist on one side of the road was denied as the petitioner failed to prove that the Department’s interpretation was plainly erroneous. George Washington Motor Lodge Co. v. Department of Transportation, 545 A.2d 493 (Pa. Cmwlth. 1988).

Pavement Defined

Although the word ‘‘pavement’’ is not defined in the Outdoor Advertising Control Act of 1971 or the Pennsylvania Administrative Code, the Department of Transportation properly relied upon ‘‘pavement’’ to be the paved portion of the roadway and exit, exclusive of the shoulder, as distinguished from the markings painted on the paved portion. Media v. Department of Transportation, 700 A.2d 563 (Pa. Cmwlth. 1997).

Rational Basis

The restriction which limits the use of flashing, intermittent or moving lights to public service information is consistent with the legislative intent to limit advertising along roadways. Corteal v. Department of Transportation, 821 A.2d 173 (Pa. Cmwlth. 2003).

This section cited in 67 Pa. Code § 445.6 (relating to permits).

History

• Authority: The provisions of this Chapter 445 issued under section 6 of the Outdoor Advertising Control Act of 1971 (36 P.
• Source: The provisions of this Chapter 445 adopted May 12, 1972, effective May 13, 1972, 2 Pa.

67 Pa. Code § 445.5 On-premise signs.

(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.

(b) General provisions. An on-premise sign may not be erected or maintained, in a manner inconsistent with the following criteria:

(1) A sign may not be permitted which attempts or appears to attempt to direct the movement of traffic or which interferes with, imitates or resembles an official traffic sign, signal or device.

(2) A sign may not be permitted which prevents the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic.

(3) A sign may not be permitted which contains, includes or is illuminated by a flashing, intermittent or moving light or lights.

(4) A lighting may not be permitted to be used in any way in connection with any sign unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main-traveled way, or is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver’s operation of a motor vehicle.

(5) A sign may not be permitted which moves or has any animated or moving parts.

(6) A sign may not be permitted to be erected or maintained upon trees or painted or drawn upon rocks or other natural features.

(c) Restrictions along interstate highways.

(1) Not more than one sign advertising the sale or lease of the same premises may be permitted to be visible to traffic proceeding in any one direction on an interstate highway.

(2) Not more than one sign, visible to traffic proceeding in any one direction on any interstate highway and advertising activities being conducted upon the premises where the sign is located, may be permitted more than 50 feet from the advertised activity.

(3) A sign, except a sign not more than 50 feet from the advertised activity, that displays a trade name which refers to or identifies a service rendered or product sold, used or otherwise handled off the premises, may not be permitted unless the name of the activity conducted on the premises is displayed as conspicuously as the trade name; provided, however, that this section does not apply to trade names which identify or characterize:

(i) Public places operated by Federal, State or local governments.

(ii) Natural phenomena, historic sites, areas of natural scenic beauty or naturally suited for outdoor recreation.

(iii) Places for camping, lodging, eating and vehicle service and repair.

(iv) Vehicle service, equipment, parts, accessories, fuels, oils or lubrications being offered for sale at a place of the type listed in subparagraphs (i)—(iii).

(4) If a sign which has an area of 6 square feet or which is in excess of 3 feet in any dimension consists principally of brand name or trade name advertising and the product or service advertised is only incidental to the principal activity, or if it brings rental income to the property owner, it shall be considered outdoor advertising and not an on-premise sign; except that this provision does not apply to trade names which identify or characterize public places operated by Federal, State or local governments; natural phenomena, historic sites, areas of natural scenic beauty or naturally suited for outdoor recreation; or places for camping, lodging, eating and vehicle service and repair; or to trade names which identify vehicle service, equipment, parts, accessories, fuels, oils and lubrications being offered for sale at such a place.

(5) A sign is not permitted to exceed 20 feet in length or height, or 150 square feet in area, including border and trim but excluding supports, except signs not more than 50 feet from, and advertising activities being conducted upon, the premises where the sign is located.

The provisions of this § 445.5 adopted May 12, 1972, effective May 13, 1972, 2 Pa.B. 845; renumbered September 8, 1978, effective September 9, 1978, 8 Pa.B. 2534.

This section cited in 67 Pa. Code § 445.6 (relating to permits).

History

• Authority: The provisions of this Chapter 445 issued under section 6 of the Outdoor Advertising Control Act of 1971 (36 P.
• Source: The provisions of this Chapter 445 adopted May 12, 1972, effective May 13, 1972, 2 Pa.

67 Pa. Code § 445.6 Permits.

(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.

(b) Permit applications. Permit applications shall be completed as follows:

(1) Application for a permit for a sign shall be made at the Department district office having jurisdiction over the sign location.

(2) Application shall be made on a form to be provided by the Department, and shall contain the following information and documentation:

(i) The name and address of the sign owner and the land owner, together with an affidavit attesting that there is a valid lease agreement between them for the land on which the sign is to be located, or that the sign owner is also the land owner.

(ii) If the sign is an existing sign, the affidavit shall contain the date of erection of the sign or a statement that the sign was erected on or before October 22, 1965.

(iii) A drawing to scale, showing:

(A) the location of the sign with reference to the highway, indicating station and distance from center line, right of way line, fence or edge of pavement.

(B) For a directional sign as provided in § 445.3 or a sign in a zoned or unzoned commercial or industrial area as provided in § 445.4, the distance along the highway in each direction to the nearest sign in the same classification.

(C) For a sign in an unzoned commercial or industrial area as provided in § 445.4(a)(1) and (3) or an on-premise sign along the interstate system as provided in § 445.5, the commercial or industrial activity and the distance from the nearest edge of such activity to the sign.

(iv) A drawing to scale, showing all dimensions of the sign. For a directional sign or an on-premise sign along the interstate system advertising activities being conducted on the real property and located more than 50 feet from the advertised activity, the drawing shall also contain an accurate representation of the advertising or informative contents of the sign.

(3) Each application shall be accompanied by the appropriate annual fee, as follows:

(i) Ten dollars if the sign area does not exceed 300 square feet.

(ii) Twenty dollars if the sign area exceeds 300 square feet but does not exceed 600 square feet.

(iii) Thirty dollars if the sign area exceeds 600 square feet.

(iv) The total fee for all on-premise signs along the interstate system advertising activities being conducted on the real property by a single person, partnership, corporation or other entity and located no more than 50 feet from the advertised activity shall be $30.

(C) Renewal of permits. Renewal of permits shall be completed as follows:

(1) If the information provided in the original application is still valid a renewal application need contain only the following information:

(i) Name and address of applicant.

(ii) Original permit number.

(iii) Brief indication of location of sign, including county, L.R. and station.

(2) Renewal applications shall be accompanied by the appropriate annual fee.

(3) If there is a change in ownership, leasing arrangement, location or dimensions of a sign, or in advertising or informative contents of a directional sign or an on-premise sign along the interstate system, advertising activities being conducted on the real property and located more than 50 feet from the advertising activity, a new permit shall be required. Unchanged information and documentation may be incorporated into the new application by reference to the original permit number.

(4) Upon issuance of the permit the permittee shall:

(i) Attach the permit to the front of the structure on the side closest to highway or in lieu thereof, the permittee may paint, with materials of a permanent nature, the number of the permit issued by the Department in a minimum size of 2 inches. The painting shall be readily discernible. The permit issued shall be retained by the permittee and be made available for inspection by the Department during normal business hours.

(ii) Tags issued by the Department shall be of a permanent nature and when installed on the sign shall remain on the sign as long as the sign remains validly in existence. If the tag becomes illegible or is removed it shall be the responsibility of the permittee to apply for and procure a replacement and attach it to the sign within 15 days of notice by the Department of the existing condition.

(A) The cost of a replacement tag shall be equal to that of the cost of the original tag.

(B) Failure to obtain a replacement tag within the time period prescribed shall be considered abandonment of the sign.

(d) Priorities. Priorities shall include the following:

(1) Directional signs. As provided in § 445.3, where issuance of permits for two or more directional signs would conflict with the applicable spacing provisions, permits will be issued in the following order of priority:

(i) An existing sign which is in conformance with Federal and State law and this chapter either upon application for an initial permit or for renewal of a previous permit.

(ii) A sign of the Department.

(iii) A sign of another Department or agency of the Commonwealth.

(iv) A sign of a local governmental unit or an agency thereof.

(v) A sign of the United States Government or an agency thereof.

(vi) A sign of another public agency.

(vii) A sign of a private nonprofit organization.

(viii) A sign of a private profit-making organization or individual.

(2) Signs in zoned or unzoned commercial or industrial areas. As provided in § 445.4, where issuance of permits for two or more signs in zoned or unzoned commercial or industrial areas would conflict with the applicable spacing provisions, permits will be issued in the following order of priority:

(i) An existing sign which is in conformance with Federal and State law and this chapter, either upon application for an initial permit or for renewal of a previous permit.

(ii) A sign deemed by the Secretary to be in the specific interest of the traveling public, such as signs pertaining to public places owned or operated by Federal, State or local governments or their agencies, publicly or privately owned natural phenomena; historic, cultural, scientific, educational and religious sites; areas of natural scenic beauty or naturally suited for outdoor recreation; vehicle services, eating places or lodging.

(iii) Another sign which is in conformance with Federal and State law and this chapter.

(3) The priorities set forth in paragraphs (1) and (2) shall be based on the informative contents of the sign rather than the ownership thereof.

(4) In the case of a conflict among two or more signs with the same priority, a permit will be issued for the sign which the Secretary determines is most in the interest of the traveling public, or, at the option of the Secretary, the sign for which application was first received by the Department.

(e) Revocation of permits. Revocation of permits includes the following:

(1) Permits shall be subject to revocation upon 15 days written notice for violation of the act or this chapter, or upon change of information provided in the application.

(2) Permits for signs which are prohibited to be erected or maintained under section 4 of the act (36 P. S. § 2718.104) shall be revocable upon 30 days written notice.

(3) Revocation of a permit shall not be grounds for refund of the permit fee.

The provisions of this § 445.6 amended January 19, 1979, effective January 20, 1979, 9 Pa.B. 267; amended May 21, 1976, effective May 22, 1976, 6 Pa.B. 1135; renumbered September 8, 1978, effective September 9, 1978, 8 Pa.B. 2534; amended January 19, 1979, effective January 20, 1979, 9 Pa.B. 267.

Application Contents

It is reasonable for the Department of Transportation to ask in the application form if signs will be in a Cotton or Kerr Area. Philadelphia Outdoor Advertising v. Department of Transportation, 690 A.2d 789 (Pa. Cmwlth. 1997).

Revocation of Permits

The changing of an exterior sign which was a nonconforming sign from a wooden frame supported by wooden stands to one with a metal frame and catwalk supported by a single steel post is a ‘‘structural improvement’’ and supported finding that signs had been erected after the effective date of the outdoor advertising control act and justified revocation of the sign permits. Park Outdoor Advertising Co. v. Department of Transportation, 485 A.2d 864 (Pa. Cmwlth. 1984).

Timing Sequence

The company’s failure to challenge the Department of Transportation’s time-stamping of the other company’s application one minute earlier than its own application, even though representatives of both companies were present at the same time, until after its application for signage along the highway was denied constituted a waiver of its right to challenge the timing sequence which adversely affected its application. Morgan Signs, Inc. v. Department of Transportation, 676 A.2d 1284 (Pa. Cmwlth. 1996).

History

• Authority: The provisions of this Chapter 445 issued under section 6 of the Outdoor Advertising Control Act of 1971 (36 P.
• Source: The provisions of this Chapter 445 adopted May 12, 1972, effective May 13, 1972, 2 Pa.

67 Pa. Code § 445.7 Restoration of damaged or partially destroyed nonconforming signs.

(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.

The provisions of this § 445.7 adopted May 12, 1972, effective May 13, 1972, 2 Pa.B. 845; renumbered September 8, 1978, effective September 9, 1978, 8 Pa.B. 2534.

Natural Disaster

In determining whether less than 50% of the storm damaged nonconforming sign remained ‘‘intact’’, thus precluding the sign owner from repairing or rebuilding the sign located in the residentially zoned area, the Department of Transportation improperly expanded the meaning of ‘‘intact’’ to include the concept of ‘‘upright’’ and ‘‘in place.’’ Martin Media v. Department of Transportation, 641 A.2d 630 (Pa. Cmwlth. 1994).

The hearing officer properly interpreted this section to provide that a nonconforming outdoor sign damaged in excess of 50% of its value may not be replaced unless the replacement sign is in compliance with this chapter, that is, be conforming. Miller’s Smorgasbord v. Department of Transportation, 590 A.2d 854 (Pa. Cmwlth. 1991).

Nonconforming Use

Sign owners violated the nonconforming use requirement of this section, that repaired signs must be of equal or lesser dimensions, by completely removing an old sign and replacing it with one constructed out of steel, not wood, and by adding halogen lighting. Keystone Outdoor Advertising v. Department of Transportation, 687 A.2d 47 (Pa. Cmwlth. 1996).

Owner’s Duty

Where a sign owner failed to provide the Department of Transportation with repair invoices or billings, the Department was unable to make a determination as to replacement cost under subsection (b)(2); therefore, the Department’s determination that the sign had been abandoned was justified. Kasha v. Department of Transportation, 782 A.2d 15 (Pa. Cmwlth. 2001).

Repairing Signs

By completely removing the old nonconforming sign following storm damage and replacing it with one constructed out of steel, not wood, and by adding halogen lighting, Appellants violated this regulation’s requirement that repaired signs must be of equal or lesser dimensions, constructed of the same or less durable material than the sign being repaired and contain no improvements or additions. Keystone Outdoor Advertising v. Department of Transportation, 687 A.2d 47 (Pa. Cmwlth. 1996); appeal denied 698 A.2d 597 (Pa. 1997).

History

• Authority: The provisions of this Chapter 445 issued under section 6 of the Outdoor Advertising Control Act of 1971 (36 P.
• Source: The provisions of this Chapter 445 adopted May 12, 1972, effective May 13, 1972, 2 Pa.

67 Pa. Code § 445.8 Abandoned signs.

(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.

(c) Removal of abandoned signs. Signs that are abandoned shall be removed by the persons responsible for the erection or maintenance thereof within 30 days after notice by the Department of the abandonment. Upon 30 days notice the Department may remove signs that are abandoned at the expense of those responsible for the erection or maintenance of the signs.

The provisions of this § 445.8 adopted May 21, 1976, effective May 22, 1976, 6 Pa.B. 845; renumbered September 8, 1978, effective September 9, 1978, 8 Pa.B. 2534; amended January 19, 1979, effective January 20, 1979, 9 Pa.B. 267.

The changing of an exterior sign which was a nonconforming sign from a wooden frame supported by wooden stands to one with a metal frame and catwalk supported by a single steel post is a ‘‘structural improvement’’ justifying the Department’s determination that the conforming sign has been abandoned according to subsection (b)(5). Park Outdoor Advertising Co. v. Department of Transportation, 485 A.2d 864 (Pa. Cmwlth. 1984).

This section cited in 67 Pa. Code § 445.9 (relating to erection, maintenance and repair of signs).

History

• Authority: The provisions of this Chapter 445 issued under section 6 of the Outdoor Advertising Control Act of 1971 (36 P.
• Source: The provisions of this Chapter 445 adopted May 12, 1972, effective May 13, 1972, 2 Pa.

67 Pa. Code § 445.9 Erection, maintenance and repair of signs.

(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.

(2) Payment in lieu of removal. Payment in lieu of removal shall include:

(i) In the case of a first offense, the Department will, in lieu of removal of the sign under paragraph (1), accept payment of $100 for a violation of subsection (b) or double the value of the vegetation for a violation of subsection (c).

(ii) If the Department accepts payment in lieu of removal under subparagraph (i), the owner of the sign will be required to post a bond, in a form acceptable to the Department, to guarantee payment of removal costs of the sign in the event of a subsequent violation of this section with reference to the sign.

(e) Grounds for denial of permit. The Department will deny a permit for an outdoor advertising device if it determines that the device cannot be serviced in a feasible manner except from the right-of-way of a limited access highway, or that the device would not be visible from the highway without destruction, damage, removal or disturbance of vegetation in the highway right-of-way.

(f) Hearing. A person notified of the revocation or denial of a permit under this section shall be granted a hearing by the Department hearing officer if a request is made within 30 days of the date of the notice revoking or denying the permit. A request for a hearing shall operate to stay the revocation of a permit pending disposition of the hearing.

The provisions of this § 445.9 amended under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.

The provisions of this § 445.9 adopted May 21, 1976, effective May 22, 1976, 6 Pa.B. 1135; renumbered and amended September 8, 1978, effective September 9, 1978, 8 Pa.B. 2534; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3095; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial page (250453).

History

• Authority: The provisions of this Chapter 445 issued under section 6 of the Outdoor Advertising Control Act of 1971 (36 P.
• Source: The provisions of this Chapter 445 adopted May 12, 1972, effective May 13, 1972, 2 Pa.

Chapter 447 Hazardous Walking Routes

67 Pa. Code § 447.1 Purpose.

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).

The provisions of this § 447.1 adopted August 1, 1980, effective August 2, 1980, 10 Pa.B. 3191; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2777.

History

• Authority: The provisions of this Chapter 447 issued under sections 506 and 2001 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 447 adopted August 1, 1980, effective August 2, 1980, 10 Pa.

67 Pa. Code § 447.2 Definitions.

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.

The provisions of this § 447.2 adopted August 1, 1980, effective August 2, 1980, 10 Pa.B. 3191; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2777.

History

• Authority: The provisions of this Chapter 447 issued under sections 506 and 2001 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 447 adopted August 1, 1980, effective August 2, 1980, 10 Pa.

67 Pa. Code § 447.3 General policy.

(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.

The provisions of this § 447.3 adopted August 1, 1980, effective August 2, 1980, 10 Pa.B. 3191; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2777.

History

• Authority: The provisions of this Chapter 447 issued under sections 506 and 2001 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 447 adopted August 1, 1980, effective August 2, 1980, 10 Pa.

67 Pa. Code § 447.4 Criteria.

(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:

• 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.

(b) A student walking route shall be considered hazardous if a sidewalk does not exist and either paragraph (1) or (2) applies:

(1) The shoulders are less than 4 feet wide and for either:

(i) Elementary students, the roadway surface is less than 20 feet wide and one or more trucks with three or more axles, not including garbage trucks or other types of trucks making house-to-house stops, normally use the roadway during the time the elementary students are enroute to or from school.

(ii) Streets and highways with an average traffic volume of at least ten vehicles per hour during the time students are walking, a 3.5-foot tall elementary school student or a 4.5-foot tall secondary student is not visible by approaching drivers from at least the following minimum distances:

(2) The normal vehicular traffic volume during any 15-minute period that students are enroute to or from school exceeds the following values for the appropriate safe-running speed range:

(i) Safe-running speed is 35 mph or less:

(ii) Safe-running speed is over 35 mph:

The provisions of this § 447.4 adopted August 1, 1980, effective August 2, 1980, 10 Pa.B. 3191; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2777.

This section cited in 67 Pa. Code § 447.3 (relating to general policy).

The provisions of this Appendix A amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772.

This Appendix A cited in 67 Pa. Code § 447.3 (relating to general policy).

History

• Authority: The provisions of this Chapter 447 issued under sections 506 and 2001 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 447 adopted August 1, 1980, effective August 2, 1980, 10 Pa.

Chapter 449 Liquid Fuels Tax Funds

67 Pa. Code § 449.1 Purpose and policy.

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.

The provisions of this § 449.1 amended March 2, 1984, effective March 3, 1984, 14 Pa.B. 732. Immediately preceding text appears at serial page (73613).

History

• Authority: The provisions of this Chapter 449 issued under act of June 1, 1956 (P.
• Source: The provisions of this Chapter 449 adopted December 12, 1975, effective December 13, 1975, 5 Pa.

67 Pa. Code § 449.2 Definitions.

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).

The provisions of this § 449.2 amended July 21, 1978, effective July 22, 1978, 8 Pa.B. 2075; amended through October 10, 1980, effective October 11, 1980, 10 Pa.B. 4038; amended May 16, 2003, effective May 17, 2003, 33 Pa.B. 2378. Immediately preceding text appears at serial pages (240957) to (240958).

History

• Authority: The provisions of this Chapter 449 issued under act of June 1, 1956 (P.
• Source: The provisions of this Chapter 449 adopted December 12, 1975, effective December 13, 1975, 5 Pa.

67 Pa. Code § 449.3 Advertising, bidding, and bond requirements.

(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.

(d) Emergency exception to advertising and bidding requirements. Whenever municipal officials determine that an emergency condition exists rendering it essential to undertake immediate repair or maintenance work to protect the health, safety or welfare of the people, the emergency work may be contracted for by the municipality without the necessity of advertising for competitive bids for the project.

(1) An emergency which will warrant dispensing with advertising for competitive bids must be immediate, unforeseen and existing. A condition which may or may not arise in the future or a condition which should reasonably have been foreseen in time to advertise for bids will not warrant dispensing with normal advertising and bidding requirements.

(2) The determination of the emergency and the actions of the municipal officials in contracting for emergency work shall be fully documented for Department review.

(e) Exception to advertising, bidding and bonding requirements for home rule charter municipalities. In the case of any municipality which has adopted a home rule charter, the Department will recognize charter provisions which are contrary to the advertising, bidding and bonding requirements in this chapter or in the various municipal codes.

(f) Brand names. In advertising for equipment to be rented or purchased, or for materials to be purchased or delivered in place, it is unlawful to require or specify any particular make or brand thereof, thereby excluding other makes or brands. A particular brand name or its equivalent may be specified if equal consideration is given to all brands which are reasonably similar to the specified brand. The specifications shall be reasonable and not merely imposed to exclude some brands of equipment or material in favor of other brands.

The provisions of this § 449.3 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 the act of June 1, 1956 (P. L. (1955) 1944, No. 655) (72 P. S. § § 2615.1—2615.10).

The provisions of this § 449.3 amended through August 20, 1982, effective August 21, 1982, 12 Pa.B. 2802; amended May 16, 2003, effective May 17, 2003, 33 Pa.B. 2378. Immediately preceding text appears at serial pages (240958) to (240959).

History

• Authority: The provisions of this Chapter 449 issued under act of June 1, 1956 (P.
• Source: The provisions of this Chapter 449 adopted December 12, 1975, effective December 13, 1975, 5 Pa.

67 Pa. Code § 449.4 Exceptions to Department specifications.

(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.

(b) Preapproved waiver. The municipality may request the Department to waive other Department specifications in advance of advertising. Any such pre-approved waiver of specifications must be noted in the bid proposal.

(c) Bituminous paving material equipment. All machinery, equipment, and plants used in producing or applying bituminous paving materials, whether purchased with 20% funds or rented, shall be of a type approved by the Department.

The provisions of this § 449.4 amended through January 20, 1984, effective January 21, 1984, 14 Pa.B. 232. Immediately preceding text appears at serial page (73616).

History

• Authority: The provisions of this Chapter 449 issued under act of June 1, 1956 (P.
• Source: The provisions of this Chapter 449 adopted December 12, 1975, effective December 13, 1975, 5 Pa.

67 Pa. Code § 449.5 Failure to receive bids.

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).

The provisions of this § 449.5 amended through August 20, 1982, effective August 21, 1982, 12 Pa.B. 2802; amended May 16, 2003, effective May 17, 2003, 33 Pa.B. 2378. Immediately preceding text appears at serial page (240960).

History

• Authority: The provisions of this Chapter 449 issued under act of June 1, 1956 (P.
• Source: The provisions of this Chapter 449 adopted December 12, 1975, effective December 13, 1975, 5 Pa.

67 Pa. Code § 449.6 Escalator clause in contracts, materials purchases and equipment purchases.

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.

The provisions of this § 449.6 amended through January 20, 1984, effective January 21, 1984, 14 Pa.B. 232. Immediately preceding text appears at serial pages (73617) and (73618).

History

• Authority: The provisions of this Chapter 449 issued under act of June 1, 1956 (P.
• Source: The provisions of this Chapter 449 adopted December 12, 1975, effective December 13, 1975, 5 Pa.

67 Pa. Code § 449.7 Purchase of materials and equipment.

(a) Advertisement. The advertisement for any purchase, whether to be picked up or delivered or, in case of materials, to be applied in place, shall contain a reasonably complete description and estimated quantities of the major items or categories of items. The advertisement shall also indicate the requirement of a bid or performance bond, or both.

(b) Proposal. The proposal shall contain the approximate number of items or tons, gallons, square yards, the metric equivalent, or other standard unit of measure, required, as reasonably estimated by the municipality.

(1) The bidder shall insert in the proposal:

(i) The unit price for each item.

(ii) The total price for each item (quantity x unit price).

(iii) The total price for any group of items which the proposal stipulates shall be supplied by a single bidder.

(2) Bids, without quantities, are not acceptable.

(3) Only like items may be required to be supplied by a single bidder.

(i) If this requirement is imposed, the proposal shall so indicate.

(ii) It is not permissible to require a single supplier to provide both tars and asphalts.

(iii) When tar is to be bid, it is not permissible to specify coal tar or to specify water tar.

(4) Liquid asphalt shall be purchased by one of the following:

(i) Weight.

(ii) Volume (gallons or liters) at 60°F or 15.5°C. Use the conversion table contained in the Department Bulletin 25, Publication #27.

(c) Bonds. On purchases over $10,000, suppliers shall provide bonds in accordance with the following chart:

• See appropriate municipal code or charter.

NOTE: The Public Works Contractors’ Bond Law of 1967 may supersede requirements of municipal codes. Consult the appropriate statutes or consult with the appropriate municipal solicitor, or both, regarding bonding requirements for a particular contract or project.

(d) Annual estimate of materials. Each municipality shall make an annual estimate of its requirements of road construction and maintenance materials, and shall advertise for bids on all items and groups of like items ordinarily supplied by a single supplier—see subsection (b)(3)—which are estimated to exceed $10,000 for the year. For materials estimates between $4,000 and $10,000, three telephone price quotes shall be obtained prior to the selection of a supplier. In lieu of the price quotations, a memorandum shall be kept on file showing that fewer than three qualified contractors service the market area within which it is practicable to obtain quotations until a satisfactory audit of the contract is completed by the Department of the Auditor General. If the cost during the year of an unadvertised item or group of like items ordinarily supplied by a single supplier exceeds $10,000, or if the cost was between $4,000 and $10,000 and three price quotes were not obtained, the entire cost shall be ineligible for payment from the Liquid Fuels Tax fund unless it can be shown to the satisfaction of the Secretary that it was reasonably believed that the cost of the year’s requirements of that item or group of like items would not exceed $10,000 or be between $4,000 and $10,000 as specified in this section.

(e) Purchases through Department of General Services or intergovernmental agencies. Advertising, bidding and bonding requirements do not apply to ‘‘piggy back’’ purchases from suppliers under contracts with the Department of General Services or intergovernmental agencies. Compliance by an intergovernmental agency with the advertising and bonding requirements in this chapter shall be sufficient to relieve a municipality cooperating in the same purchasing agreement from compliance with the advertising, bidding and bonding requirements.

(f) Purchases of gasoline subject to Federal Energy Administration regulations. Advertising, bidding and bonding requirements do not apply to gasoline purchases which Federal Energy Administration regulations require be made from specified suppliers if a municipality utilizes 84,000 gallons or more a year.

The provisions of this § 449.7 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).

The provisions of this § 449.7 amended through August 20, 1982, effective August 21, 1982, 12 Pa.B. 2802; amended May 16, 2003, effective May 17, 2003, 33 Pa.B. 2378. Immediately preceding text appears at serial pages (240961) to (240962).

This section cited in 67 Pa. Code § 449.8 (relating to equipment rental).

History

• Authority: The provisions of this Chapter 449 issued under act of June 1, 1956 (P.
• Source: The provisions of this Chapter 449 adopted December 12, 1975, effective December 13, 1975, 5 Pa.

67 Pa. Code § 449.8 Equipment rental.

(a) General rule. A contract in excess of $10,000 for the rental of equipment shall be advertised, bid and bonded and a contract between $4,000 and $10,000 shall be awarded only after three telephone price quotes are obtained, unless the work is performed by the municipality’s own employee forces. For contracts between $4,000 and $10,000, in lieu of the price quotations, a memorandum shall be kept on file showing that fewer than three qualified contractors service the market area within which it is practicable to obtain quotations until a satisfactory audit of the contract is completed by the Department of the Auditor General.

(1) The advertisement shall contain a reasonably complete description of the type of equipment, approximate length of time the equipment will be required and whether the equipment shall be provided with operators.

(2) The proposal shall contain the approximate number of hours, days, and the like that the equipment will be required, as reasonably estimated by the municipality.

(3) Annual contracts for equipment rental and labor shall be permitted.

(4) On equipment rental contracts over $10,000, suppliers shall provide bonds in accordance with the chart in § 449.7(c) (relating to purchase of materials and equipment).

(5) If rented equipment is subsequently purchased, any rental paid in excess of an annual rate of 25% of the value of the equipment shall be regarded as a part of the purchase price in determining if the purchase must be advertised and bid.

(b) “Local forces” defined. “Local forces” are defined as follows:

(1) For the local forces exception to apply to equipment rented with operators, it must be shown that more than one half of the total man-hours of work on the project will be performed by municipal employees.

(2) Bona fide temporary employees of the municipality shall be counted as municipal employees. Employees of a contractor placed on the payroll of a municipality for the duration of a project will not be recognized as municipal employees.

(3) To substantiate a determination that a project is a local forces job, all man-hours shall be identified on payroll records.

(c) Lease-purchase contracts of equipment. When equipment is rented for general street and highway construction and maintenance use, rather than for a particular project, it may be desirable to enter into a lease containing a purchase option.

(1) If the total amount of the lease-purchase agreement, including trade-in allowance, all rentals and the amount paid under the purchase option exceeds $10,000, advertising, bidding and a performance bond are required.

(2) The only Liquid Fuels Tax funds which may be used for a lease-purchase agreement is the 20% portion reserved for the purchase of equipment.

(3) Equipment purchased with Liquid Fuels Tax funds shall be used primarily for street and highway use.

The provisions of this § 449.8 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).

The provisions of this § 449.8 amended through August 20, 1982, effective August 21, 1982, 12 Pa.B. 2802; amended May 16, 2003, effective May 17, 2003, 33 Pa.B. 2378. Immediately preceding text appears at serial pages (240962) to (240963).

History

• Authority: The provisions of this Chapter 449 issued under act of June 1, 1956 (P.
• Source: The provisions of this Chapter 449 adopted December 12, 1975, effective December 13, 1975, 5 Pa.

67 Pa. Code § 449.9 Construction and maintenance contracts.

(a) Cost comparison. Before deciding to pave a road or street by purchasing materials and renting equipment with operators, the municipality should compare the cost of having the job done by contract.

(b) Advertisement. The advertisement for a construction or maintenance contract shall contain a reasonably complete description of the project, including the scope of the project and the type of work involved, as well as bond requirements as indicated in subsection (f).

(c) Proposal. The proposal shall contain the approximate number of tons or square yards of materials, or the metric equivalents, required, as reasonably estimated by the municipality. The bidder shall insert:

(1) The unit price of each item.

(2) The total price for each item (quantity x unit price).

(3) The total price for any group of items, as to which the proposal requires a total or subtotal.

(d) Lump sum bids. In special cases, the Director of the Bureau of Municipal Services of the Department may approve lump sum bids in lieu of the procedure in subsection (c).

(e) Prevailing wage requirements. If the estimated cost of a construction contract, as defined in the memorandum of understanding between the Department, the Department of Labor and Industry and the former Department of Justice exceeds $25,000, the municipality shall:

(1) Determine the prevailing minimum wage rates from the Prevailing Minimum Wage Division of the Department of Labor and Industry.

(2) Indicate in the advertisement issued for the purpose of securing bids for the contract that prevailing wage rates shall be paid on the project.

(3) Specify the prevailing minimum wage rates in the bid proposals for the contract.

(f) Bonds. Construction and maintenance contractors are required to provide bonds in accordance with the following chart:

• See appropriate municipal code or charter.

NOTE: The Public Works Contractors’ Bond Law of 1967 may supersede requirements of municipal codes. Please consult the appropriate statutes or consult with the appropriate municipal solicitor, or both, regarding bonding requirements for a particular contract or project.

(g) Payment of engineering fees. Reasonable engineering fees in connection with any contract made by a municipality under this chapter shall be payable out of the Liquid Fuels Tax fund of the municipality. Any fees in excess of 10% of the total contract price shall be documented and justified to the satisfaction of the Department.

The provisions of this § 449.9 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).

The provisions of this § 449.9 amended through November 19, 1982, effective November 20, 1982, 12 Pa.B. 3984; amended May 16, 2003, effective May 17, 2003, 33 Pa.B. 2378. Immediately preceding text appears at serial pages (240964) to (240965).

History

• Authority: The provisions of this Chapter 449 issued under act of June 1, 1956 (P.
• Source: The provisions of this Chapter 449 adopted December 12, 1975, effective December 13, 1975, 5 Pa.

67 Pa. Code § 449.10 Investment of funds, use of loan or bond issue proceeds.

(a) Liquid fuels tax account. All monies in the liquid fuels tax account may be invested so as to earn interest until expended and may be combined with other municipal funds for investment.

(b) Loans or bonds. All proceeds of any loan or bond issue made for road or street improvement purposes must be used exclusively for road or street improvement purposes. A single loan or bond issue shall not be made for both a road or street improvement purpose and a nonrelated purpose.

The provisions of this § 449.10 amended April 13, 1979, effective April 14, 1979, 9 Pa.B. 1308.

History

• Authority: The provisions of this Chapter 449 issued under act of June 1, 1956 (P.
• Source: The provisions of this Chapter 449 adopted December 12, 1975, effective December 13, 1975, 5 Pa.

67 Pa. Code § 449.11 Twenty percent funds.

(a) Accumulation of 20% funds. A municipality may accumulate its road machinery and road equipment funds—20% funds—over a period of years subject to the following limitations:

(1) The full amount of 20% funds to be carried over from one year to the next shall be on deposit in the Liquid Fuels Tax account at the end of the calendar year, and shall be carried as part of the maintenance fund balance as reported on Form MS-965.

(2) If 20% funds are accumulated in an amount in excess of 100% of the most recent Liquid Fuels Tax allotment, the municipal budget shall indicate the kind of road machinery or road equipment which the municipality plans to purchase.

(b) Payment of loans with 20% funds. Loans or bond issues made to finance the purchase of road machinery and road equipment may be repaid from 20% funds.

(c) Reimbursement of general fund expenditures with 20% funds. Expenditures from the general fund made to finance the purchase of road machinery and road equipment purchased on or after August 6, 1971, may be reimbursed from 20% funds in the same or subsequent years.

The provisions of this § 449.11 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).

The provisions of this § 449.11 amended May 16, 2003, effective May 17, 2003, 33 Pa.B. 2378. Immediately preceding text appears at serial pages (240965) to (240966).

History

• Authority: The provisions of this Chapter 449 issued under act of June 1, 1956 (P.
• Source: The provisions of this Chapter 449 adopted December 12, 1975, effective December 13, 1975, 5 Pa.

67 Pa. Code § 449.12 Annual qualification.

(a) Requirements. To qualify for its annual Liquid Fuels Tax allocation, each municipality shall submit to the Department the following documents and information:

(1) Evidence that its treasurer is bonded in accordance with law, or that its treasurer is a bank requiring no bond. This information is due on or before January 31 each year and shall be submitted on Department Form MS-965.

(2) A report indicating the manner in which its liquid fuels tax allocation was expended in the preceding year, the manner in which it plans to expend its Liquid Fuels Tax allocation in the current year and the amount of funds for road and street purposes to be raised by the levying of taxes in the current year. This information shall be due on or before January 31 each year on Department Form MS-965.

(3) A report of all elected and appointed officials, indicating the official and address to which Liquid Fuels Tax allocations and correspondence shall be forwarded. This information is due on or before January 31 each year and shall be submitted on the appropriate Department of Community and Economic Development forms:

(i) Form DCED-CLGS-19-2 for Cities.

(ii) Form DCED-CLGS-19-3 for Boroughs.

(iii) Form DCED-CLGS-19-4 for First Class Townships.

(iv) Form DCED-CLGS-19-5 for Second Class Townships.

(4) A copy of Form DCED-CLGS-69 (survey of financial condition). This completed form must be received by the Department of Community and Economic Development by March 15 each year.

(b) Waiver. The Secretary, for good cause, may waive any of these requirements as prerequisites to qualification for the annual Liquid Fuels Tax allocation.

The provisions of this § 449.12 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).

The provisions of this § 449.12 amended through January 20, 1984, effective January 21, 1984, 14 Pa.B. 232; amended May 16, 2003, effective May 17, 2003, 33 Pa.B. 2378. Immediately preceding text appears at serial page (240966).

History

• Authority: The provisions of this Chapter 449 issued under act of June 1, 1956 (P.
• Source: The provisions of this Chapter 449 adopted December 12, 1975, effective December 13, 1975, 5 Pa.

67 Pa. Code § 449.13 Annual maintenance payments under Section 9511 of the Vehicle Code.

Annual maintenance payments under 75 Pa.C.S. § 9511 (relating to allocation of proceeds) shall be deposited into the municipality’s liquid fuels tax account, and may be used on any streets and highways in the municipality in the same manner and subject to the same restrictions as liquid fuels tax funds paid under section 2615 of the act of June 1, 1956 (P. L. (1955) 1944, No. 655) (72 P. S. § 2615).

The provisions of this § 449.13 issued under the 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.

The provisions of this § 449.13 adopted March 2, 1984, effective March 3, 1984, 14 Pa.B. 732.

History

• Authority: The provisions of this Chapter 449 issued under act of June 1, 1956 (P.
• Source: The provisions of this Chapter 449 adopted December 12, 1975, effective December 13, 1975, 5 Pa.

Chapter 451 Control of Junkyards and Automotive Dismantlers and Recyclers

67 Pa. Code § 451.1 Purpose; authority.

This chapter is promulgated for the purpose of controlling the establishment or maintenance or both, of junkyards and automotive dismantler and recycler businesses and activities within 1000 feet of the nearest edge of the right-of-way of any interstate or Federal aid primary highway.

History

• Authority: The provisions of this Chapter 451 issued under section 5 of the act of July 28, 1966 (P.
• Source: The provisions of this Chapter 451 adopted August 22, 1980, effective August 23, 1980, 10 Pa.

67 Pa. Code § 451.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Abandoned—A junkyard or automotive dismantler and recycler, or both, which has not been used or operated for a period of 12 months, or that its license has not been renewed within 60 days of notice to renew. Act—The act of July 28, 1966 (P. L. 91, No. 3) (36 P. S. § § 2719.1—2719.14). Automotive dismantler and recycler—Any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles, or motorparts, or both. Department—The Department of Transportation of the Commonwealth of Pennsylvania. District engineer—The person designated as such in one of the Department’s 11 engineering districts. Industrial activity—An activity permitted only in an industrial zone, or in a less restrictive zone, except that none of the following shall be considered industrial activities:

(i) Outdoor advertising structures.

(ii) Agricultural, forestry, ranching, grazing, farming and related activities, including but not limited to, wayside selling.

(iii) Activities normally and regularly in operation less than 3 months of the year.

(iv) Transient or temporary activities.

(v) Activities not visible from the traffic lanes of the main traveled way.

(vi) Activities conducted in a building principally used as a residence.

(vii) Railroad tracks, including sidings and passenger depots.

(viii) Junkyards or automotive dismantlers and recyclers. Junk—Scrap, copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, iron, steel and other old or scrap ferrous or nonferrous material, including wrecked, scrapped, ruined, dismantled, or junked motor vehicles, or parts thereof. Junkyard—Any outdoor establishment, place of business, or activity which is maintained, used or operated for storing, keeping, buying or selling junk; for the maintenance or operation of a garbage dump, sanitary landfill or scrap metal processor, or for the storage of ten or more junked vehicles. Nonconforming—As applied to junkyard or automotive dismantler and recycler means it was legally in existence on January 1, 1967, and located within the zone of control. The term also applies to a junkyard or automotive dismantler and recycler located in the zone of control adjacent to any interstate or Federal aid primary highway made a part of the system after January 1, 1967. Person—A corporation, partnership, association, and political subdivision as well as a natural person. Screening—The use of any natural objects, plantings, embankments, fencing, walls or structures, or a combination of any of these, which will effectively hide any deposit of junk so as not to be visible from the highway, at all times of the year, by an occupant of a motor vehicle viewing from a height of 4 1/2 feet above the pavement. Secretary—The Secretary of the Department of Transportation. Site—The property within the boundaries described in the application on which the junkyard or automotive dismantler and recycler business or activity is located or is proposed to be located. Unzoned industrial area—The land occupied by the regularly used building, parking lot, storage, or processing area of an industrial activity and that land within 1000 feet thereof which is:

(i) Located on the same side of the highway as the principal part of the activity.

(ii) Not predominantly used for residential or commercial purposes.

(iii) Not zoned by any State or local law, regulation, or ordinance. Zone of control—All areas which are adjacent to and within 1,000 feet of the edge of the right-of-way of any interstate or Federal aid primary highway. Zoned industrial area—Any area zoned industrial by the appropriate zoning authority.

History

• Authority: The provisions of this Chapter 451 issued under section 5 of the act of July 28, 1966 (P.
• Source: The provisions of this Chapter 451 adopted August 22, 1980, effective August 23, 1980, 10 Pa.

67 Pa. Code § 451.3 Licensing requirements.

(a) General rule. No person shall establish, maintain, use or operate a junkyard or automotive dismantler and recycler business, within the zone of control without a valid license as provided in this chapter.

(b) Licensing period. The license will be effective from January 1 to December 31 of the license year. Failure to renew the license within 60 days after notice of expiration will cause the junkyard or automotive dismantler and recycler to be classified as abandoned and require its removal at the expense of the owner.

(c) Eligible locations. Only the following types of establishments shall be eligible for licensing within the zone of control:

(i) Those legally in existence on January 1, 1967, or those legally in existence along a highway section which is made a part of the interstate or Federal aid primary highway system after that date.

(ii) Those not visible from the highway.

(iii) Those located within zoned or unzoned industrial areas.

History

• Authority: The provisions of this Chapter 451 issued under section 5 of the act of July 28, 1966 (P.
• Source: The provisions of this Chapter 451 adopted August 22, 1980, effective August 23, 1980, 10 Pa.

67 Pa. Code § 451.4 Control responsibility.

(a) Screening by the Department. Nonconforming junkyards or automotive dismantlers and recyclers will be screened by the Department where physically and economically feasible, utilizing current Federal and State criteria, design manuals, standards, and specifications, provided Federal and State participating funds are available.

(1) The Department will individually analyze the screening required for each site and develop a plan of control which meets the requirements of Federal and State laws, standards, rules and regulations.

(2) The Department will not be responsible for the preservation or maintenance of existing screening. Where the screening is subsequently removed or becomes ineffective, the owner of the junkyard or automotive dismantler and recyclers shall be required, after notice of the violation by the Department, to provide the maintenance required in § 451.5(a) (relating to maintenance of junkyard or automotive dismantler and recycler screening).

(b) Screening by the applicant. All other screening shall be done by the junkyard or automotive dismantler and recycler, subject to Department approval. Screening material and techniques shall be compatible with the environment and shall conform with this chapter. Additional information on screening may be obtained from the Department of Transportation Bureau of Design, Harrisburg, Pennsylvania 17120.

(c) Right to remove. Where any junkyard or automotive dismantler and recycler is nonconforming and screening is not physically or economically feasible, the Department may remove, relocate, or dispose of the junk, or adopt any combination of control actions it deems appropriate, at the expense of the Department.

The provisions of this § 451.4 amended January 30, 1981, effective January 31, 1981, 11 Pa.B. 500.

History

• Authority: The provisions of this Chapter 451 issued under section 5 of the act of July 28, 1966 (P.
• Source: The provisions of this Chapter 451 adopted August 22, 1980, effective August 23, 1980, 10 Pa.

67 Pa. Code § 451.5 Maintenance of junkyard or automotive dismantler and recycler screening.

(a) Owner’s maintenance responsibilities. It shall be the responsibility of the junkyard or automotive dismantler and recycler to maintain the screening established by it, doing such painting and repairs as to keep any fences, walls, or other structural material in good appearance. Plant material shall be watered, pruned, cultivated and mulched, treated for insect and disease control, and given any required maintenance to keep all plants in a healthy condition. Dead plants shall be removed immediately and shall be replaced during the next spring or fall planting season. Replacement plants shall be at least as large as the initial plants and of the same species and quality, unless approval for substitution is received from the Department.

(b) Department’s maintenance responsibilities. It will be the responsibility of the Department to maintain, in a manner suitable to the Department, screening installed by the Department, unless responsibility for maintenance has been assumed or agreed to by the licensee.

(c) Effect or failure to maintain screening. Failure to maintain screening shall result in the revocation of the junkyard or automotive dismantler and recycler license. The Department is authorized to take any necessary legal action to cause the junkyard or automotive dismantler and recycler to provide such maintenance of screening as is required to accomplish the aims of the act.

(d) Failure to maintain screening. Upon failure of a licensee to maintain screening as provided in subsection (c) the Department will notify the licensee that failure to commence remedial action within 30 days will constitute cause for revocation of the license.

The provisions of this § 451.5 amended January 30, 1981, effective January 31, 1981, 11 Pa.B. 500.

This section cited in 67 Pa. Code § 451.4 (relating to control responsibility).

History

• Authority: The provisions of this Chapter 451 issued under section 5 of the act of July 28, 1966 (P.
• Source: The provisions of this Chapter 451 adopted August 22, 1980, effective August 23, 1980, 10 Pa.

67 Pa. Code § 451.6 Expansion of establishment.

(a) General rule. Where approved screening has been constructed or where it exists naturally, no additional deposit of junk, visible from the highway is permitted unless additional screening, approved by the Department, is installed prior to the deposit. All additional screening shall be installed at the expense of the owner.

(b) Nonconforming junkyards. Where any junkyard or automotive dismantler and recycler is nonconforming and no screening exists, the area occupied by junk may not be expanded vertically or horizontally in such a manner that the additional junk will be visible from the highway, unless the expanded area is screened by the owner in a manner approved by the Department.

This section cited in 67 Pa. Code § 451.8 (relating to issuance and renewal of license).

History

• Authority: The provisions of this Chapter 451 issued under section 5 of the act of July 28, 1966 (P.
• Source: The provisions of this Chapter 451 adopted August 22, 1980, effective August 23, 1980, 10 Pa.

67 Pa. Code § 451.7 Periodic inspection.

Department employes are authorized to enter onto the premises of any junkyard or automotive dismantler and recycler to insure that all provisions of the act, regulations, and licensing requirements are being complied with. If the inspection discloses that violation exist, a 30-day notice will be sent to the licensee by certified mail, stating the nature of the violation, ordering corrective actions to be taken within 30 days from the date of the notice, and informing the licensee that these regulations will be enforced if corrective action is not completed.

History

• Authority: The provisions of this Chapter 451 issued under section 5 of the act of July 28, 1966 (P.
• Source: The provisions of this Chapter 451 adopted August 22, 1980, effective August 23, 1980, 10 Pa.

67 Pa. Code § 451.8 Issuance and renewal of license.

(a) Issuance. Requirements for issuance of license shall be as follows:

(1) Application for a junkyard or automotive dismantler and recycler license, or for renewal of a license, shall be made at the District Engineering Office which has jurisdiction over the junkyard or automotive dismantler and recycler.

(2) Prior to issuance of a license, the owner or operator of an existing or proposed junkyard or automotive dismantler and recycler requiring screening shall do the following:

(i) Submit the application for license form in triplicate to the appropriate District Engineer, accompanied by the required fee of $100.

(ii) Upon notification from the Department that proposed activity needs to be screened, develop or have developed an acceptable screening plan.

(A) The plan shall be submitted in triplicate on 22 by 36 inch sheets.

(B) At a scale of one inch = 50 feet, the plans shall show two feet contours and all details relative to the proposed screening, including, but not limited to, the location of junk and proposed junk limits—horizontal and vertical—the location and proposed location of natural screening, buildings, vegetation, earthen features, and the like, proposed screening techniques, materials, name, sizes, and the like.

(C) All proposed construction details shall be accurately plotted on the plans and cross sections. A minimum of three representative cross sections shall be plotted through the junkyard area, from the main traveled way to the 1000-foot control boundary.

(D) After review of the proposed screening plan by the Department, the applicant shall be advised of acceptability, or of any modifications required.

(E) The applicant shall complete the screening approved by the Department within 6 months from the date of approval.

(F) Upon notification from the applicant that the screening is completed, the Department will inspect and verify the effectiveness and compliance or noncompliance of the screen with the plan, regulations, and the act.

(3) After inspection and acceptance by the Department, a license will be issued for the balance of the calendar year.

(b) Denial of license. Where a junkyard and automotive dismantler and recycler license is requested, and screening is not physically or environmentally feasible, as determined by the Department, or if for any other reason the license is denied, 1/2 of the fee will be returned to the applicant and 1/2 will be retained by the Department to cover the costs of reviewing the application.

(c) Screening infeasible. Where screening is not feasible, existing junk must be physically removed from view by and at the expense of the owner, if placed after January 1, 1967. If the existing junkyard or automotive dismantler and recycler is nonconforming, the junk will be removed by the Department if and when State and Federal funding are available. See § 451.6(b) (relating to expansion of establishment) regarding junk located in an expanded area.

(1) If all information provided in the original application for license form is unchanged, a renewal application need contain only the following information:

(i) Name and address of applicant.

(ii) Original license number.

(2) Renewal applications shall be accompanied by the appropriate annual fee.

(3) Renewal applications will be accepted from November 1 to December 15 of the year for which the current license was issued.

(4) Failure to make application for renewal for the subsequent calendar year will constitute an abandonment as defined by this chapter will subject a junkyard or automotive dismantler and recycler and any of its successors or assignees to the applicable penalties or to revocation of its right to continue the junkyard or automotive dismantler and recycler activity.

History

• Authority: The provisions of this Chapter 451 issued under section 5 of the act of July 28, 1966 (P.
• Source: The provisions of this Chapter 451 adopted August 22, 1980, effective August 23, 1980, 10 Pa.

67 Pa. Code § 451.9 Display of license.

The licensee shall display the license conspicuously at the site at all times.

History

• Authority: The provisions of this Chapter 451 issued under section 5 of the act of July 28, 1966 (P.
• Source: The provisions of this Chapter 451 adopted August 22, 1980, effective August 23, 1980, 10 Pa.

67 Pa. Code § 451.10 Penalty for violation.

The Department’s written notice of a violation of the act, or of this chapter, will document corrective action required within a 30-day period. Failure to comply with this written notice will result in enforcement under section 11 of the act (36 P. S. § 2719.11).

History

• Authority: The provisions of this Chapter 451 issued under section 5 of the act of July 28, 1966 (P.
• Source: The provisions of this Chapter 451 adopted August 22, 1980, effective August 23, 1980, 10 Pa.

Chapter 457 Prequalification of Bidders

67 Pa. Code § 457.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The State Highway Law (36 P. S. § § 670-101—670-1002). Affiliates—Business entities or individuals whose relationship is such that either directly or indirectly, one controls or can control the other; or a third controls or can control both; or a similar arrangement exists between business entities or individuals. Contractor—An individual, firm, partnership, corporation, other entity or joint venture limited to three participants, unless indicated otherwise, submitting a proposal for the work contemplated and acting directly or through an authorized representative. Debarment—Action taken by the Department to prohibit a contractor, subcontractor or individual from contracting with or participating in contracts with the Department for a specified period. The debarment will include all divisions or other organizational elements of a contractor or subcontractor unless limited by its terms to specific divisions or organizational elements. The debarment may apply to affiliates or other individual or entity associated with the contractor, subcontractor or individual if they are specifically named and given written notice of the debarment and an opportunity to appeal. Department—The Department of Transportation of the Commonwealth. Department hearing officer—The person designated by the Commonwealth to preside over appeals involving classification of prequalification codes or debarment. Highway project—Work done by contract on or related to a State highway. Letting—The day on which the bids for a highway project will be opened. Prequalification Officer—The Department official who administers the regulations and procedures in this chapter. Secretary—The Secretary of Transportation or a Deputy Secretary of Transportaiton. Subcontractor—An individual, firm, partnership, corporation or other entity whose participation in the work contemplated is through a contract or other arrangement with a contractor. Suspension—Action taken by the Department to temporarily prohibit a contractor, subcontractor or individual from contracting with or participating in contracts with the Department. It may be for a period of up to 3 months, pending the completion of an investigation which could lead to debarment or legal proceedings. The period of suspension may be extended for good cause. The suspension will include all divisions or other organizational elements of a contractor or subcontractor unless limited by its terms to specific divisions or organizational elements. The suspension may apply to any affiliates or other individual or entity associated with the contractor, subcontractor or individual if they are specifically named and given written notice of the suspension.

The provisions of this § 457.1 adopted September 21, 1973, effective September 22, 1973, 3 Pa.B. 2133; amended April 11, 1979, effective April 14, 1979, 9 Pa.B. 1308; amended November 28, 1980, effective November 29, 1980, 10 Pa.B. 4470; amended April 11, 1997, effective April 12, 1997, 27 Pa.B. 1798. Immediately preceding text appears at serial pages (122929) to (122930).

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

67 Pa. Code § 457.2 Purpose.

(a) This chapter is designed to implement section 404.1 of the act (36 P. S. § 670-404.1) by providing a method and manner, determined to be desirable by the Secretary, for the processing and evaluation of the capacity and qualifications of contractors and subcontractors to perform highway project work in this Commonwealth.

(b) The following basic policy governs the classification and prequalification of contractors and subcontractors:

(1) The institution of a system which will permit a more efficient operation of the contract program for highway projects.

(2) The minimization of delays in the awarding of contracts after bids have been opened.

(3) The assurance of the integrity, responsibility and competence of bidders.

The provisions of this § 457.2 adopted September 21, 1973, effective September 22, 1973, 3 Pa.B. 2133; amended November 28, 1980, effective November 29, 1980, 10 Pa.B. 4470; amended April 11, 1997, effective April 12, 1997, 27 Pa.B. 1798. Immediately preceding text appears at serial pages (122930) to (122931).

This section cloaks the Department of Transportation with broad powers to ensure integrity of government contractors, and where estimator responsible for antitrust violation which occurred 5 years earlier was not removed until contractor received letter of suspension, Department did not abuse its discretion. Latrobe Road Construction, Inc. v. Department of Transportation, 527 A.2d 214 (Pa. 1987); appeal denied 536 A.2d 1335 (Pa. 1987).

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

67 Pa. Code § 457.3 General requirements.

(a) Proof of competence and responsibility. Persons proposing to bid on work shall be required to establish proof of their competence and responsibility, as provided in this chapter, before being permitted to bid on the work, with the following exceptions:

(1) Miscellaneous work excluded under § 457.5(b) (relating to classification).

(2) Demolition work when the Department’s estimate of costs for the same is less than $25,000.

(b) Submitting statements. For the purpose of this section, each person shall submit statements, under oath, on the forms prescribed by the Department, which set forth the financial ability, adequacy of plant and equipment, organization, experience, equal employment opportunity, affirmative action program and related pertinent and material information necessary to establish competency and responsibility. The contractor may add the necessary extensions and supplementary information as attachments to the forms.

(c) Application processing. The Department will attempt to expedite the processing of an application if the applicant notifies the Prequalification Office in writing, at least 10 working days prior to the bid opening that the applicant is a prospective bidder on an advertised project.

(d) Expiration. Expiration shall be as follows:

(1) Prime contractors. A certificate will be issued to prime contractors who have been prequalified indicating the expiration date of their prequalification. The expiration date will be established in accordance with balance sheet date.

(i) Form 4300, Part 1-Filed. Prequalification unless withdrawn or suspended by the Department, expires 18 months from the date of the contractor’s balance sheet contained in the prequalification application, when the balance sheet date is December 31, 1996, or earlier.

(ii) Exception. Prequalification, unless withdrawn or suspended by the Department, expires 30 months from the date of the contractor’s balance sheet contained in the prequalification application when the balance sheet date is January 1, 1997, or thereafter, except that an 18 month expiration period will be assigned when required, to provide for an even year expiration date for those with a certificate alpha prefix of A through K and an odd year expiration date for those with a certificate alpha prefix of L through Z.

(2) Subcontractors. A certificate will be issued to subcontractors who have been prequalified indicating the expiration date of their prequalification. The expiration date will be established in accordance with the date of issuance of the certificate.

(i) Form 4300, Part 1-Not filed. Prequalification expires 2 years from the date of issuance of the certificate of prequalification for applicants who elect to exercise the option specified in § 457.4(a)(5) (relating to statements to be furnished under oath).

(ii) Part 1, Financial Statement. After an applicant has been prequalified and elects to submit a Part 1, Financial Statement, either new or revised, the applicant shall submit a current Part 2 and Part 3.

(3) Expiration date. The expiration date will be indicated on the certificate of prequalification. The expiration date of a current certificate will be automatically extended 30 days if the renewal certificate is not issued prior to expiration, if the renewal application has been received by the Prequalification Officer at least 30 days prior to the current expiration date and the applicant has not been notified in writing otherwise for due cause.

(e) Filing a statement. The Department may request a contractor to file a new statement at any time deemed necessary, in which case the statement shall be filed within 30 days. Failure to comply may be grounds for disqualification or suspension.

(f) Business through branch office. Applicants who desire to do business in this Commonwealth through any of their branch offices shall indicate in the application forms the address of the branch office.

(g) Contracting corporations. Contracting corporations which are chartered in a state other than this Commonwealth and individuals or firms doing business under fictitious names shall register with and obtain a certificate from the Secretary of the Commonwealth authorizing them to do business in this Commonwealth, before an award of contract will be made.

(h) Resident agent. Out-of-State contractors and subcontractors as a part of prequalification shall designate a resident agent who is identified by name and address, and who is authorized by the contractor or subcontractor to accept service of complaints, subpoenas and other legal documents on behalf of the contractor or subcontractor, its officers, employes or owners. The contractor or subcontractor shall notify the Department immediately if there is a change in the name or address, or both, of the resident agent. Failure to do so could result in suspension of prequalification.

(i) Records retention period. The Prequalification Office will retain the contractor’s or subcontractor’s prequalification forms and related file at least 3 years from the expiration date of the certificate. If a certificate is not issued, the file shall be retained at least 3 years from the date the forms are received.

(j) Subsidiaries. Applicants who desire to bid through a wholly owned and controlled subsidiary may, as an alternative to separate and independent applications, apply for the prequalification of a parent organization and no more than three wholly owned construction related subsidiaries, under a single application with a combined financial statement. Identical certificates will be issued to the parent and each designated subsidiary, the combined group being considered an entity for purposes of performance evaluation and workload assessment. The parent and each designated subsidiary, jointly and severally, shall meet the requirements and conditions specified in this chapter for person, bidder, contractor or applicant. A division or other operating unit within a parent organization will be considered in the same manner as a subsidiary. A suspension or debarment will apply to the entity being prequalified.

The provisions of this § 457.3 adopted September 21, 1973, effective September 22, 1973, 3 Pa.B. 2133; amended April 11, 1979, effective April 14, 1979, 9 Pa.B. 1308; amended November 28, 1980, effective November 29, 1980, 10 Pa.B. 4470; amended April 11, 1997, effective April 12, 1997, 27 Pa.B. 1798. Immediately preceding text appears at serial pages (122931) to (122932).

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

67 Pa. Code § 457.4 Statements to be furnished under oath.

(a) Generally. The following procedures shall be followed in making a statement:

(1) The Contractor’s Financial Statement, Form 4300, Part 1: Organization and Experience Statement Form 4300, Part 2, and Affirmative Action Statement Form 4300, Part 3 shall be the documents used in determining qualifications of an applicant and capacity to bid upon contract work undertaken by the Department. From the information provided, the Department will establish whether the applicant is entitled to be prequalified and receive a rating which will determine his maximum capacity and classifications of work on which he shall be eligible to bid.

(2) Questions shall be answered fully and the information requested be properly presented. The Department will return incomplete forms for completion or correction. This action will delay review of submittal by an applicant and the assignment of ratings.

(3) One set of each form shall be sent to each applicant which shall be returned to the Department.

(4) A complete set of application forms may be acquired from the Prequalification Office, Bureau of Construction and Materials, Contract Management Division, Department of Transportation, 7th floor, Forum Place, 555 Walnut Street, Harrisburg, Pennsylvania 17101-1900. They shall be mailed or delivered to the Prequalification Office at this above address.

(5) At the option of the applicant, the submission of Contractor’s Financial Statement, Form 4300, Part 1, may be omitted and in lieu thereof, the applicant will be assigned a maximum capacity as specified in § 457.5(f)(2) (relating to classification). An applicant exercising this option shall be considered eligible to perform work only as a subcontractor.

(b) Contractor’s Financial Statement, Form 4300, Part 1. This part will be reviewed by the Office of Comptroller. The following procedures shall be followed in completing Form 4300, Part 1:

(1) Each applicant, whether a corporation, copartnership or individual, shall complete the applicable parts of Form 4300, Part 1, Contractor’s Financial Statement, and shall submit the statement as part of the application for prequalification. The form provides for balance sheet data with supporting schedules and follows closely the standard and accepted form generally used in presenting an adequate financial report, and shall show all assets and liabilities, including verification of lines of credit extended by banks. This form or statement shall include certification, rendered with an opinion, by a certified public accountant, public accountant or foreign accountant registered in accordance with The C.P.A. Law (63 P. S. § § 9.1—9.16b) as to the financial condition of the prospective contractor. Financial statements prepared in states other than the Commonwealth will not be accepted unless they include certification by a certified public accountant.

(2) No financial statement may be accepted which has been prepared by a certified public accountant, public accountant or foreign accountant who is directly connected with or has a financial interest in the business of the contractor submitting the statement.

(3) An applicant shall provide an audited financial statement when the applicant’s net working capital is in excess of $50,000. A review type of financial statement is acceptable only when the applicant’s net working capital does not exceed $50,000. If the net working capital is negative, or if the maximum capacity rating as calculated in § 457.5(f) exceeds $4 million, a review type of statement is not acceptable and an audited financial statement will be required. Financial statements shall be current. A financial statement which is received by the Prequalification Officer later than 9 months after the balance sheet date may not be accepted. Financial statements received more than 6 months after the balance sheet date shall include an assurance by the accountant that there are no material changes in the financial condition of the applicant since the balance sheet date. For significant changes in a contractor’s financial status which occur subsequent to the balance sheet date and which adversely affect the contractor’s financial condition, the Department has the right to reevaluate the contractor’s financial statement and to adjust the assets, liabilities, line-of-credit and book value of equipment, and consequently, the assigned maximum capacity rating, or to reject the statement outright.

(4) Financial statements shall be reviewed by the prequalification accountant in accordance with current accounting concepts as published by the American Institute of Certified Public Accountants. Accordingly, adjustments in the treatment of assets or liabilities may be made by the Department as deemed necessary. On major adjustments, the applicant shall receive advance written notice thereof.

(5) Line-of-credit statements, if submitted from banks for the purpose of establishing financial qualifications in determining rating, shall be furnished on Department forms included in Form 4300, Part 1. A line-of-credit statement is not required for prequalification. The line-of-credit shall be designated in the name of the firm applying for prequalification.

(6) Applicants shall make certain their line-of-credit statements contain no restrictive qualifications and are valid for the entire prequalification period. In cases where these statements expire before the prequalification expiration date the capacity rating shall be correspondingly reduced when line-of-credit statements expire, unless renewed or extended.

(7) No line of credit statements will be considered when applicant elects to exercise the option specified in subsection (a)(5).

(c) Contractor’s Organization and Experience Statement, Form 4300, Part 2. This part will be reviewed by the Contractor Evaluation Engineer. The following procedures shall be followed in completing Form 4300, Part 2:

(1) The information and data to be submitted on Form 4300, Part 2, Contractor’s Organization and Experience Statement is largely self-explanatory. Each applicant (contractor) shall be assigned a rating which will designate the classifications of work upon which he shall be eligible to bid. Thus the Department will establish the maximum amount of work which a qualified contractor may have under contract and incomplete at any one time and beyond which no further work will be awarded him. This total amount of work, or maximum capacity rating, shall be a flat sum determined in accordance with the formula in § 457.5.

(2) The attention of the contractor is particularly invited to the section of the form in which inquiries are made relative to the work classifications desired. The applicant shall indicate his desires on classifications of work for which a rating is sought. As a general rule classifications may not be assigned in excess of those requested.

(3) Each contractor and subcontractor shall furnish, under oath, the following statements:

(i) A statement as to plant and equipment, which shall give complete details as to type, age and condition. If equipment is leased, the applicant shall list the owner by the name of the organization or individual from whom the equipment is leased at the time of balance sheet date.

(ii) A statement as to organization which shall develop the adequacy of such organization, including key personnel, to undertake a project in the classification desired.

(iii) A statement as to prior and current experience of the contractor, his principal officers and key employes which shall show the number of years the contractor has been engaged in the contracting business and shall further disclose generally his experience over that period.

(iv) A statement which shall give an accurate and complete record of work done in the past 5 years, as a contractor of record, or an approved subcontractor, giving the names of projects undertaken, the types of work, the locations, the contract price and the name of the principal engineer in charge for the contracting agency.

(v) A statement which shall list in detail liens, stop notices or claims filed against the contractor on any project within the past 5 years. This statement shall also disclose failures to complete a contract or contracts, and penalties imposed by reason of a contract undertaken and adjudicated noncompliance with pertinent statutes within the 5-year period. The prospective bidder shall explain the items.

(vi) A statement indicating how many years the organization has been in business as a contractor under its present business name.

(vii) A statement indicating the number of years of experience in highway construction work the organization has.

(viii) A statement indicating whether the organization ever failed to complete any work awarded to it.

(ix) A statement indicating whether any officer or partner of the organization has ever been an officer or partner of some other organization that failed to complete a construction contract.

(x) A statement indicating if any officer or partner of the organization has ever failed to complete a construction contract performed in his own name.

(xi) A statement indicating whether the organization has ever been denied prequalification in this Commonwealth or another state under its name or another name.

(xii) A statement indicating whether the organization has ever been disqualified or removed from a bidding list in this Commonwealth or another state under its name or another name.

(xiii) A listing indicating the construction experience of the officers and management personnel, including superintendents of the organization.

(xiv) A listing of affiliated or subsidiary organizations and companies.

(xv) A listing of organizations, individuals, or both, who have a financial interest of 10% or more in the company.

(xvi) A listing of the persons having a financial interest in the organization, and who also have a financial interest in another organization prequalified or eligible to bid in this Commonwealth or another state.

(xvii) A listing of other organizations or individuals who control or influence the bidding of the company.

(xviii) A statement indicating misdemeanor convictions involving moral turpitude, conviction of a bidding crime and other felony convictions of the contractor, as well as the contractor’s directors, partners, principal officers and key employes.

(xix) A statement setting forth other relevant, pertinent and material facts that may justify the rating desired.

(4) Equipment owned or otherwise available to the contractor shall be an important consideration in determining ratings, particularly for some categories of work. In some cases, ownership or control of specific items of equipment may be a prerequisite. It is important, therefore, that the descriptive information requested shall be given, especially for major equipment items. Equipment which is still serviceable, even though fully depreciated, shall be included.

(5) As a general condition, applicants shall possess and have available, appropriate and sufficient equipment to perform the contemplated work, or have current assets sufficient to purchase or lease the necessary equipment.

(6) Arrangements, such as valid rental agreements, and status as owner, majority stockholder or officer in an equipment company, may be considered. The arrangements shall be reported and explained.

(7) The equipment listed as being owned by the contractor in the Contractor’s Organization and Experience Statement, Form 4300, Part 2, shall be identical with a similar list of equipment in the Contractor’s Financial Statement, Form 4300, Part 1. If these lists differ, an explanation of the difference shall be included in the application.

(8) It will facilitate the processing of the rating of the contractor if the equipment is listed by type; that is, shovels together, pavers together and so forth, by age and condition.

(d) Contractor’s Affirmative Action Statement, Form 4300, Part 3. This part will be reviewed by the Bureau of Equal Opportunity. The information requested in Form 4300, Part 3, shall be submitted in full to comply with 16 Pa. Code Chapter 49 (relating to contract compliance), the Federal Civil Rights Act of 1964, Presidential Executive Order No. 11246 as amended, and 41 CFR 60-60.4 (relating to confidentiality and relevency of information).

(e) Complete statement of misdemeanor convictions involving moral turpitude and felony convictions of the contractor, as well as the contractor’s directors, principal officers and key employes.

The provisions of this § 457.4 adopted September 21, 1973, effective September 22, 1973, 3 Pa.B. 2133; amended August 8, 1975, effective August 9, 1975, 5 Pa.B. 2035; amended April 13, 1979, effective April 14, 1979, 9 Pa.B. 1308; amended November 28, 1980, effective November 29, 1980, 10 Pa.B. 4470; amended April 11, 1997, effective July 1, 1997, 27 Pa.B. 1798. Immediately preceding text appears at serial pages (122932) to (122936).

In determining compliance with 67 Pa. Code § 457.4(e), which requires a complete statement of a contractor’s convictions, the word ‘‘conviction’’ is to be accorded the popular meaning rather than the technical meaning, and thus a conviction exists upon a finding of guilty by the court even though sentencing has not yet been imposed. E. Smalis Painting Co. v. Department of Transportation, 452 A.2d 601 (Pa. Cmwlth. 1982).

This section cited in 67 Pa. Code § 457.3 (relating to general requirements); 67 Pa. Code § 457.5 (relating to classification); and 67 Pa. Code § 457.17 (relating to notification).

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

67 Pa. Code § 457.5 Classification.

(a) The contractor or subcontractor shall be classified according to the type of work and amount of work for which his experience and financial capacity will qualify him to bid. The types of work, as described in Department of Transportation Specifications, Publication 408, are listed as follows:

(b) Miscellaneous work as determined by the Chief Counsel, as not within the purview of the act, will be excluded by the Deputy Secretary for Highway Administration from the requirements of this chapter. When this is done, the bid proposal shall so state.

(c) The classifications of work listed in subsection (a) may be further defined by the Contract Management Division, if needed, to provide for additional types of specialties generated with expanded programs.

(d) Each prequalified contractor shall be eligible to bid on projects in which the types of work for which he is classified constitute at least 50% of the project.

(e) Each contractor or subcontractor shall be classified for one or more types of work in accordance with his adequacy of plant and equipment, organization, prior experience, record of construction and other pertinent, relevant and material facts which may affect the classification. A contractor or subcontractor who has been assigned classifications of excavation and grading; bituminous pavement or rigid pavement; drainage, water mains, storm sewers; and cement concrete structures (all types) will be considered a general highway contractor. A proposal from a contractor with a general highway contractor designation need not be reviewed for the 50% classification requirement unless specialty items predominate. The contractor or subcontractor shall be assigned an ability factor and given a capacity rating which will designate the quantity of work upon which he will be eligible to bid. The Prequalification Office shall give notice of the classification and rating.

(f) The maximum capacity rating shall be a flat sum determined as follows:

(1) The formula, Q = F (C+1/2L+1/2E), shall be used to determine the maximum capacity rating. A contractor whose maximum capacity exceeds $100 million as determined by this formula, will be considered to have unlimited financial capacity.

(2) When the contractor elects to exercise the option as specified in § 457.4(a)(5), the contractor shall be assigned in lieu of the Contractor’s Financial Statement, Form 4300, Part 1, a flat sum factor of $50,000; and the formula Q = F ($50,000) shall be used to determine the maximum capacity rating.

(3) The symbols used in the formula in paragraphs (1) and (2) shall have the following meaning:

(i) Q = Maximum capacity rating.

(ii) C = Net working capital.

(iii) F = Assigned ability factor (1 to 15).

(iv) L = Line-of-credit statements.

(v) E = Book value of equipment.

(4) The following limitations apply to the terms in paragraph (3):

(i) Net working capital shall be current assets less current liabilites.

(ii) Current assets shall be easily negotiable assets that may readily be turned into cash.

(iii) Current liabilities shall be obligations due within a 1-year period.

(iv) A Line-of-Credit statement shall be the form, executed by a bank on page number 20 of the financial statement of the contractor.

(v) Book value of equipment shall be total cost less depreciation actually applied. This equipment factor shall include not only book value of company-owned equipment but also the book value of the contractor’s share of equipment owned by a joint venture.

(5) If the maximum capacity rating (Q) is a positive number, a certificate as a prime contractor will be issued. If the contractor has had a negative working capital for 2 consecutive fiscal years, the Department will request additional documentation to support the contractor’s financial capabilities even if the maximum capacity rating (Q) is a positive number as a result of a line of credit or book value of equipment, or both. If the Department still considers the contractor’s financial status to be questionable, the Department will prequalify the contractor to perform work only as a subcontractor.

(6) If the net working capital (C) is a negative amount, the Department has the right to reduce the qualification amount or to reject the application.

(g) The qualification amount, determined by the applicable formula in subsection (f) shall establish the maximum capacity rating of the applicant. Award of contract shall be restricted to the assigned maximum capacity rating less monetary value of the uncompleted contract and subcontract work under § 457.16 (relating to sublettings).

The provisions of this § 457.5 amended under section 404.1 of the State Highway Law (36 P. S. § 670-404.1).

The provisions of this § 457.5 adopted September 21, 1973, effective September 22, 1973, 3 Pa.B. 2133; amended August 8, 1975, effective August 9, 1975, 5 Pa.B. 2035; amended April 13, 1979, effective April 14, 1979, 9 Pa.B. 1308; through August 12, 1983, effective August 13, 1983, 13 Pa.B. 2490; amended April 11, 1997, effective July 1, 1997, 27 Pa.B. 1798; amended April 13, 2007, effective April 14, 2007, 37 Pa.B. 1650. Immediately preceding text appears at serial pages (227766) to (227768) and (314779).

Protest Untimely

Bidder should have known of all pertinent facts giving rise to his bid protest on the date he filed his bid because he knew which classification codes he was prequalified to bid on, as well as the codes the Department of Transportation had assigned to work items involved in the project that he believed were incorrectly classified; therefore, since Bidder’s protest was filed more than 7 days after he filed his bid, the protest was untimely. Cummins v. Department of Transportation, 877 A.2d 550, 554—555 (Pa. Cmwlth. 2005).

This section cited in 67 Pa. Code § 457.3 (relating to general requirements); and 67 Pa. Code § 457.4 (relating to statements to be furnished under oath).

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

67 Pa. Code § 457.6 Classification appeals procedure.

The following procedures apply to classification appeals:

(1) Informal meeting. A contractor or subcontractor dissatisfied with his classification may submit, in writing, a request for an informal meeting to the Prequalification Office within 10 working days after receipt of notice of prequalification or denial thereof or other related action of the Department. At the meeting, which shall be scheduled by the Department within 30 days after receipt of a request therefor the contractor or subcontractor may present further evidence with respect to financial responsibility, organization, plant and equipment or experience and other relevant facts, as might tend to justify a different classification or other determination by the Department.

(2) Notification of determination/formal classification hearing. After hearing the additional evidence, the Department will change or retain the classification within 10 working days after the meeting and and will notify, in writing, the contractor or subcontractor, accordingly. A contractor or subcontractor, if dissatisfied with the determination of the Department following the informal meeting, may, within 10 working days of the mailing date of the determination, request in writing a formal classification hearing setting forth the reasons therefor.

(3) A contractor or subcontractor may forgo the informal meeting described at paragraph (1) and directly appeal the classification determination of the Department by requesting in writing a formal classification hearing setting forth the reasons therefor, within 10 working days after receipt of notice of prequalification or denial thereof or other related action of the Department.

(4) Classification hearings will be held in conformity with 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) as supplemented by Chapter 491 (relating to administrative practice and procedure). As set forth in § 491.4 (relating to institution of proceedings), requests for classification hearings, and all other papers relating to the case, shall be filed with the Administrative Docket Clerk at the following address:

Commonwealth of Pennsylvania, Department of Transportation, Administrative Docket Clerk, Commonwealth Keystone Building, 400 North Street, 9th Floor, Harrisburg, Pennsylvania 17120-0096.

(5) Under § 491.5 (relating to filing fee), a filing fee in the required amount shall accompany a request for a classification hearing.

The provisions of this § 457.6 adopted September 21, 1973, effective September 22, 1973, 3 Pa.B. 2133; amended April 11, 1997, effective July 1, 1997, 27 Pa.B. 1798; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772. Immediately preceding text appears at serial page (326842).

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

67 Pa. Code § 457.8 Certification of classification and capacity.

(a) Bids will be accepted only from contractors who have a current prequalification certificate in accordance with this chapter. In those cases when either the bidder does not have adequate current prequalification capacity rating, as required by subsection (b) or the types of work on which the contractor has been classified and eligible to bid do not constitute over 50% of the total bid price, the bid will be excluded and rejected. Items noted in the proposal as specialty items may be excluded.

(b) So that the Department may have the necessary information to pass upon the ability of a contractor to satisfactorily complete a project, contractors shall submit with their proposal a certification of capacity to do the particular work. If the contractor desires credit for subcontracted items of work on the particular project, the contractor shall include the names of the subcontractors in the proposal. Subcontractors so named shall have the necessary capacity and classification. In making this certification, the contractor shall certify that the current qualification amount, less amount of all uncompleted work which includes subcontracts except as permitted by § 457.16 (relating to sublettings) the contractor has under contract is sufficient to cover the amount of the proposal. The making of a false certification shall constitute cause for rejection of the proposal of the contractor.

(c) The Department may reject a bid at any time prior to the actual awarding of a contract if, in its judgment, the best interest of the Commonwealth will be promoted thereby, or if there have been developments subsequent to prequalification, which, in the opinion of the Department would affect the responsibility of the contractor. In addition to the right of the Department to reject, a bid may be rejected if it appears that after the contractor was prequalified, the contractor was declared in default on a project, or prequalification was suspended or withdrawn by the Department, or a major change occurred in the management of the contractor’s firm. Before taking the action, the Department will as soon as possible notify the contractor and give the contractor an opportunity to present additional information to the Department.

The provisions of this § 457.8 adopted September 21, 1973, effective September 22, 1973, 3 Pa.B. 2133; amended April 13, 1979, effective April 14, 1979, 9 Pa.B. 1308; amended November 28, 1980, effective November 29, 1980, 10 Pa.B. 4470; amended April 11, 1997, effective July 1, 1997, 27 Pa.B. 1798. Immediately preceding text appears at serial pages (122940) to (122941).

This section cited in 67 Pa. Code § 457.9 (relating to false certification with bid).

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

67 Pa. Code § 457.9 False certification with bid.

If a contractor makes a false certification with regards to § 457.8(a) or (b), or both (relating to certification of classification and capacity), the contractor shall pay to the Department as liquidated damages an amount equal to 5% of the total amount of the bid or the contractor may be disqualified from bidding on future work for 90 days, or both, as deemed appropriate. If the contractor fails to make the payment within 30 days of notification, the contractor shall be disqualified for 1 year. An application for renewal of prequalification will not be considered by the Department until the contractor makes payment. In lieu of the assessment of liquidated damages or disqualification, or both, the Secretary may issue a warning to the contractor making a false certification when the infraction is the first offense of the contractor.

The provisions of this § 457.9 adopted September 21, 1973, effective September 22, 1973, 3 Pa.B. 2133; amended November 28, 1980, effective November 29, 1980, 10 Pa.B. 4470; amended April 11, 1997, effective July 1, 1997, 27 Pa.B. 1798. Immediately preceding text appears at serial pages (122941) to (122942).

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

67 Pa. Code § 457.10 Past performance report.

(a) The Secretary may require the District Engineer, the Inspector General or other designee to submit a confidential past performance report on a contractor performing work for the Department.

(b) This report, and reports received from outside entities, shall be used in conjunction with the other past performance information for determining the past performance rating of the contractor which rating shall be considered in determining the classification of the contractor and his responsibility as a contractor. The past performance report shall include evaluation of a contractor’s attitude and cooperation, equipment, organization and management, scheduling and work performance. Poor or unsatisfactory ratings for specific work classifications shall constitute justification for revoking classifications previously granted. A contractor who has an overall unsatisfactory rating on performance reports will not be prequalified. Reports shall be confidential.

The provisions of this § 457.10 adopted September 21, 1973, effective September 22, 1973, 3 Pa.B. 2133; amended April 13, 1979, effective April 14, 1979, 9 Pa.B. 1308; amended November 28, 1980, effective November 29, 1980, 10 Pa.B. 4470; amended April 11, 1997, effective July 1, 1997, 27 Pa.B. 1798. Immediately preceding text appears at serial page (122942).

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

67 Pa. Code § 457.11 Audit of contractor or subcontractor records.

The Department reserves the right, upon 10 days notice to the contractor or subcontractor, to review records of the contractor or subcontractor either as part of a random periodic review or as part of a specific inquiry. These records would include records that substantiate information in Parts 1, 2 and 3 of the prequalification application.

The provisions of this § 457.11 adopted September 21, 1973, effective September 22, 1973, 3 Pa.B. 2133; amended April 13, 1979, effective April 14, 1979, 9 Pa.B. 1308; amended November 28, 1980, effective November 29, 1980, 10 Pa.B. 4470; amended April 11, 1997, effective July 1, 1997, 27 Pa.B. 1798. Immediately preceding text appears at serial page (122942).

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

67 Pa. Code § 457.12 False statements in prequalification application or at hearing.

A contractor, subcontractor or individual who knowingly makes or causes to be made, a false, deceptive or fraudulent statement on the prequalification application required to be submitted or in the course of a hearing held under this chapter may be temporarily suspended or may be debarred for a set period or permanently from bidding on or participating in State supervised or funded highway construction work.

The provisions of this § 457.12 adopted September 21, 1973, effective September 22, 1973, 3 Pa.B. 2133; amended April 11, 1997, effective July 1, 1997, 27 Pa.B. 1798. Immediately preceding text appears at serial page (134719).

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

67 Pa. Code § 457.13 Suspension or debarment.

(a) Reasons for suspension or debarment. The Department may temporarily suspend or may debar, for a set period or permanently, a contractor, subcontractor or individual from bidding on or participating in State supervised or funded highway construction work for any of the following reasons:

(1) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property.

(2) Commission of fraud or a criminal offense or other improper conduct or knowledge or approval of, or acquiescence in these activities by a contractor or an affiliate, officer, employe or other individual or entity associated with either obtaining, attempting to obtain or performing a public contract or subcontract. The contractor’s acceptance of the benefits derived from the conduct shall be deemed evidence of knowledge, approval or acquiescence.

(3) Violation of Federal or State antitrust statutes.

(4) Violation of a State or Federal law regulating campaign contributions.

(5) Violation of a State or Federal environmental law.

(6) Violation of a State or Federal law regulating hours of labor, minimum wage standards or prevailing wage standards; discrimination in wages; or child labor violations.

(7) Violation of the Workers’ Compensation Act (77 P. S. § § 1—2626).

(8) Violation of a State or Federal law prohibiting discrimination in employment.

(9) Suspension or debarment by the Commonwealth or an agency thereof or an agency of another state or by an agency or department of the Federal government.

(10) Three or more occurrences where a contractor has been declared ineligible for a contract.

(11) Unsatisfactory performance including failure to comply with the terms of a Commonwealth contract or subcontract including:

(i) Willful failure to perform in accordance with the terms of one or more contracts, or a history of failure to perform, or of unsatisfactory performance of one or more contracts, or offering unbalanced bids.

(ii) Failure to complete the work in the time frame specified in the contract.

(iii) Being declared in default on prior work or project.

(iv) Failure to submit documents, information or forms as required by contract.

(v) Making false statements or failing to provide information or otherwise to cooperate with the contracting agency, the Office of State Inspector General or other Commonwealth authorities.

(vi) Discrimination in violation of laws or regulations in the conduct of business as a contractor.

(12) Providing false or misleading information to the Office of State Inspector General, Office of the Budget, the Department of the Auditor General, the Office of Attorney General, the Treasury Department, the Board of Claims, or other tribunal or court, the Department, or a representative of an agency as part of any investigation, audit, program review, prequalification statement of certification, contract bids or proposals, contractor applications or claims for payment. This information includes:

(i) Financial statements.

(ii) Nondiscrimination forms.

(iii) Affidavits or statements of compliance with prevailing wage statutes.

(iv) Product descriptive literature and documents submitted in connection with claims for payment made or litigation against Commonwealth agencies.

(13) Other acts or omissions indicating a lack of skill, ability, capacity, quality control, business integrity or business honesty that seriously and directly affect the present responsibility of a contractor or any basis for debarment or suspension in the Commonwealth’s Contractor Responsibility Program, Management Directive 215.9.

(b) Substantial evidence. The filing of criminal charges or initiation of legal proceedings for any of the reasons in subsection (a)(1)—(8) may constitute substantial evidence for suspension.

(c) Debarment based on criminal conduct. Debarment solely on the basis of any of the reasons in subsection (a)(1)—(8) shall be based on a conviction or plea of guilty or no contest in a court of law or a finding, ruling or adjudication of guilt for noncompliance by a court of law, commission, board or administrative body. It is not required that the appeals process be completed or that a sentence or other penalty be imposed.

(d) Effect of appeal. The filing of an appeal does not constitute a basis for delay or postponement of a suspension/debarment action.

(e) Suspension for criminal conduct. If a contractor, subcontractor or individual is suspended because of the filing of criminal charges or initiation of legal proceedings for other applicable reasons in subsection (a)(1)—(8) and there has been no conviction or ruling sufficient to justify debarment within the suspension period, the Department may, if appropriate, based on all of the relevant facts, initiate debarment proceedings.

(f) Denial or nonrenewal. Denial of prequalification or refusal to renew prequalification for any of the reasons set forth in this section shall constitute a suspension or debarment for the purposes of this chapter. The Department will advise the contractor in writing accordingly.

(g) Suspension procedure. When a suspension is imposed against a contractor or an affiliate, the Department will immediately notify the contractor and any specifically named affiliate, officer, employe or other individual or entity associated with the contractor, by certified mail, return receipt requested and regular mail that it has been:

(1) Suspended for an initial period of up to 3 months accompanied by a concise statement of the reasons for the suspension.

(2) Declared ineligible for Department contracting and subcontracting pending the completion of investigation and ensuing legal proceedings. During the suspension period, the contractor shall make available all relevant documents, records and information to investigators.

(h) Reply to suspension. A contractor, subcontractor or individual suspended by the Department may, within 21 days after the suspension mailing date, submit, in person, in writing, or through a representative, information in opposition to the suspension. Upon review of the information or the completion of an investigation, or both, the Department will notify the contractor, subcontractor or individual whether the suspension shall be continued or withdrawn or whether debarment proceedings will be initiated.

The provisions of this § 457.13 adopted September 21, 1973, effective September 22, 1973, 3 Pa.B. 2133; amended April 11, 1979, effective April 14, 1979, 9 Pa.B. 1308; amended November 28, 1980, effective November 29, 1980, 10 Pa.B. 4470; amended April 11, 1997, effective July 1, 1997, 27 Pa.B. 1798. Immediately preceding text appears at serial page (134719).

Discretion

Department of Transportation did not abuse its discretion in imposing 3-year suspension which prevented contractor from bidding on government contracts, where it was discovered that contractor had been convicted of violation of Federal anti-trust laws in regard to bid on Department of Transportation contract, despite dismissal of employe responsible for violation, which action was taken after suspension letter was received. Latrobe Road Construction, Inc. v. Department of Transportation, 527 A.2d 214 (Pa. Cmwlth. 1987); appeal denied 536 A.2d 1335 (Pa. 1987).

Due Process

The procedures of § 457.13 providing for notice of suspension and a ‘‘reply,’’ but never an actual hearing, violate due process. Balfour Beatty Construction Co. v. Department of Transportation, 783 A.2d 901 (Pa. Cmwlth. 2001).

Exhaustion of Administrative Remedies

Because the contractor claims that the Department’s regulations violate constitutional due process requirements, the expertise of the Secretary is not required and there is no need to exhaust administrative remedies before filing an appeal to court. The parties’ arguments with respect to notice and timing of filing administrative appeals are therefore moot. Balfour Beatty Construction Co. v. Department of Transportation, 783 A.2d 901 (Pa. Cmwlth. 2001).

Management Directive

Management directive relied on by Department of Transportation to debar contractor due to criminal charges brought against two former employees based on actions outside scope of their employment lacked full force and effect of law and was unenforceable; directive was only an internal procedural directive and not a regulation and was contrary to statute and regulations that set forth debarment procedures. Schuylkill Products v. Dept. of Transportation, 962 A.2d 1249, 1254 (Pa. Cmwlth. 2008).

Nature of Notice

A notice of suspension or debarment is not in the nature of a rule to show cause. Unlike a rule to show cause, it does not contain a notice that allegations may deemed admitted if not challenged. Balfour Beatty Construction Co. v. Department of Transportation, 783 A.2d 901 (Pa. Cmwlth. 2001).

Reply to Suspension Notice

The failure to file a reply to a notice of suspension within 21 days does not preclude the contractor from seeking review of the suspension. Section 457.13(h) permits a contractor to submit information to the Department, but does not require it. Even in the absence of a reply, the Department is to continue its investigation. Balfour Beatty Construction Co. v. Department of Transportation, 783 A.2d 901 (Pa. Cmwlth. 2001).

This section cited in 67 Pa. Code § 457.16 (relating to sublettings); and 67 Pa. Code § 459.3 (relating to permit application procedure).

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

67 Pa. Code § 457.14 Debarment appeals procedure.

(a) General provisions. A contractor, subcontractor or individual debarred by the Department under § 457.13 (relating to suspension or debarment) may appeal the debarment in writing within 10 working days after the mailing date of the notice of debarment. The appeal shall set forth the basis therefor.

(b) Conformity with administrative practice and procedures; requests for hearing. Debarment hearings will be in conformity with 1 Pa. Code Part II (relating to general rules of administrative practice and procedure), as supplemented by Chapter 491 (relating to administrative practice and procedure). A filing fee is not required for a debarment hearing. In § 491.3 (relating to request for hearing), requests for debarment hearings and all other papers relating to the case shall be filed with the Department’s Administrative Docket Clerk at the following address:

Commonwealth of Pennsylvania, Department of Transportation, Administrative Docket Clerk, Commonwealth Keystone Building, 400 North Street, 9th Floor, Harrisburg, Pennsylvania 17120-0096. Chief Counsel, 9th floor, 555 Walnut Street, Harrisburg, Pennsylvania 17101-1900.

(c) Informal meeting. A contractor, subcontractor or individual debarred by the Department may, after filing an appeal, request an informal meeting with the Department prior to the holding of a debarment hearing for the purpose of discussion of the debarment action or presentation of additional evidence which the contractor, subcontractor or individual may want the Department to take into consideration. Requests for informal meetings shall be made in writing to the Prequalification Office. The Department will issue, within 10 working days after an informal meeting, a written notification of whether it is withdrawing or modifying the debarment action. The contractor, subcontractor or individual may then, at his option, continue with, amend or withdraw the appeal.

(d) Debarment by other agencies. A contractor, subcontractor, supplier or individual debarred by the Commonwealth or an agency thereof under the Commonwealth’s Contractor Responsibility Program as set forth in Management Directive 215.9 shall be subject to debarment by the Department without right of appeal.

The provisions of this § 457.14 adopted September 21, 1973, effective September 22, 1973, 3 Pa.B. 2133; amended April 11, 1979, effective April 14, 1979, 9 Pa.B. 1308; amended April 11, 1997, effective July 1, 1997, 27 Pa.B. 1798; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772. Immediately preceding text appears at serial pages (342982) and (288363).

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

67 Pa. Code § 457.15 Joint venture bids.

(a) Permissible combination. A combination of contractors which combination shall be limited to three participants unless otherwise stated in the proposal, and each of whom is prequalified in accordance with this chapter, shall be permitted to bid jointly. Equal proportionate amounts of joint-bid shall be charged against the maximum capacity rating of each participant in a joint venture, unless otherwise indicated by the bidders in their proposal.

(b) Joint and several responsibility. If a joint venture proposal is submitted, it shall be considered to be a proposal by each of the joint participants, jointly and severally, for the performance of the entire contract as a joint venture in accordance with the terms and conditions of the proposal.

(c) Minimum performance capability. Each participant in a joint venture shall be capable of performing at least 50% of the original contract price of the participant’s portion of the joint venture, or the bid will be rejected.

The provisions of this § 457.15 adopted September 21, 1973, effective September 22, 1973, 3 Pa.B. 2133; amended November 28, 1980, effective November 29, 1980, 10 Pa.B. 4470; amended April 11, 1997, effective July 1, 1997, 27 Pa.B. 1798. Immediately preceding text appears at serial page (134720).

This section cited in 67 Pa. Code § 457.5 (relating to classification).

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

67 Pa. Code § 457.16 Sublettings.

(a) Credit. The contractor shall be given credit for sublettings on Department and Pennsylvania Turnpike Commission projects to which he makes reference in his proposal form, providing the proposed subcontractors are currently prequalified with the Department. Additional sublettings by the prime contractor shall be permitted if prequalified subcontractors are proposed following the opening of bids; but the prime contractor may not be given credit in his total volume of work for additional sublettings.

(b) Subletting to suspended, debarred or disqualified contractors or subcontractors prohibited. Contractors or subcontractors engaged in State highway work under a contract with the Department, or otherwise participating in State supervised or funded highway construction work, may not sublet any part of the construction work to be performed under the terms of that contract to any contractor or subcontractor who is suspended, debarred or otherwise disqualified from bidding on or participating in State highway construction work under § 457.13 (relating to suspension or debarment).

The provisions of this § 457.16 adopted November 28, 1980, effective November 29, 1980, 10 Pa.B. 4470; amended April 11, 1997, effective July 1, 1997, 27 Pa.B. 1798. Immediately preceding text appears at serial pages (134720) to (134721).

This section cited in 22 Pa. Code § 457.5 (relating to classification); and 22 Pa. Code § 457.8 (relating to certification of classification and capacity).

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

67 Pa. Code § 457.17 Notification.

Contractors are required to notify in writing the Prequalification Office within 30 days when there is a corporate or affiliate change, or a reduction of more than 20% of their maximum capacity rating, or both, as well as changes of information required by § 457.4(b) and (c)(3)(xviii) (relating to statements to be furnished under oath). Failure to make the notification shall be cause for suspension of prequalification.

The provisions of this § 457.17 adopted April 11, 1997, effective July 1, 1997, 27 Pa.B. 1798.

History

• Authority: The provisions of this Chapter 457 issued under the State Highway Law (36 P.
• Source: The provisions of this Chapter 457 adopted September 21, 1973, effective September 22, 1973, 3 Pa.

Chapter 459 Occupancy of Highways by Utilities

67 Pa. Code § 459.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Acknowledgment of completion—The date on which the Department records that permitted work appears to be completed under the permit and this chapter. Adjacent area—The area surrounding the immediate area of the permitted work which can reasonably be assumed to have been affected by the permitted work. Backfill—Material used to replace or the act of replacing material removed during construction. Base course—The layer or layers of specified or selected material or designed thickness placed on a subbase or a subgrade to support a surface course. Bridge—A structure including supports, erected over a depression or an obstruction, as water, highway or railway, which has a track or passageway for carrying traffic or other moving loads and having an opening measured along the center of the pavement of more than 20 feet between supports. Central permit office—The office which administers this chapter, located at: Department of Transportation, Central Permit Office, 400 North Street, 6th Floor, Harrisburg, Pennsylvania 17120-0041. Clear zone—The portion of right-of-way beyond the pavement edge within which, under Design Manual, Part 5, no new obstructions may be located. County office—One of the maintenance district offices of the Department. Culvert—A structure under the pavement with an opening of 20 feet or less measured along the center of the pavement. Department—The Department of Transportation of the Commonwealth. The term includes municipalities authorized to issue permits for the Department under the authority of a municipal permit issuance agreement. If this chapter confers powers or imposes duties upon the Department which under a statute may be exercised by or imposed only on the Secretary, the reference to the Department shall be construed to mean the Department acting by and through the Secretary or the person for the time being acting as the Secretary personally. Design Manual, Part 2—A Department publication containing the Department’s highway design criteria. Design Manual, Part 5—A Department publication containing the Department’s utility relocation and accommodation policies relating to permits issued in conjunction with highway construction projects. Detour—To send traffic by a circuitous route around a portion of a highway that has been closed in accordance with § § 459.3(f) and 459.7(7) (relating to permit application procedure; and general conditions). Director—The bureau director of the Department having administrative authority over the central permit office. District engineer—The engineer in charge of one of the 11 district offices. District office—One of the 11 engineering district offices of the Department. The term includes a municipality authorized to issue permits for the Department under the authority of a municipal permit issuance agreement. Emergency—An unforeseen occurrence or combination of circumstances which calls for immediate action or remedy. Emergency Permit Card—Department Form M-940 used under § 459.6 (relating to emergency work). Emergency repair—Repair to a utility facility undertaken under § 459.6 to repair damage resulting from a vehicle accident or collision with the facility, a failed component or storm damage. The term does not include service connections or disconnections unrelated to vehicle accident, a failed component or storm damage. Equipment—Machinery and equipment, together with the necessary supplies for upkeep and maintenance, and tools and apparatus necessary for the proper construction and completion of the work. Flexible base pavement—A pavement structure which maintains intimate contact with and distributes loads to the subgrade and depends on aggregate interlock, particle friction and cohesion for stability. Grout—A mixture of cement, water and sand. High early strength concrete—Cement concrete meeting specifications set forth in section 704 of Publication 408. Highway—A highway or bridge on the system of State highways and bridges, including the entire width between right-of-way lines, over which the Department has assumed or has been legislatively given jurisdiction. Improved area—The area within the right-of-way which has been constructed for highway purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities and other appurtenances. Inspector—The Department’s authorized representative assigned to inspect permit operations. License—A bridge occupancy license—Form M-906L—issued by the Department under this chapter. Limited access highway—A highway in respect to which owners or occupants of abutting lands and other persons have no legal right of access except at points and in the manner determined by the Department. Pavement—The combination of subbase, base course and surface course placed on a subgrade to support the traffic load or distribute it to the roadbed, or both. The term normally includes the traveled portion of the highway and extends to the face of the curb in a curbed section. The term does not include shoulders. Permit—

(i) A highway occupancy permit—Form M-945P—issued by a district office under this chapter.

(ii) A highway occupancy permit issued to a utility by a municipality which has entered into a municipal permit issuance agreement with the Department.

(iii) An authorization to occupy highway right-of-way when a utility facility relocation is required by a highway construction project, granted either by written agreement or by a highway occupancy permit—utility relocation (Form D-4181-P) under the Design Manual, Part 5. Person—A natural person, firm, copartnership, association, corporation, authority or political subdivision. Plans—Drawings which show the location, character and dimensions of the proposed occupancy and related highway features, including layouts, profiles, cross sections and other details. Plowing—Direct burial of a utility line by means of a plow-type mechanism which breaks the ground, places the utility line and closes the break in the ground in a single operation. Private status—The status of a utility’s facilities, which are situated within public right-of-way by agreement with the Department, after the Department condemned the utility’s easement and did not provide a substitute right-of-way. Publication 408—A Department publication containing the Department’s highway construction specifications, as supplemented. Right-of-way—The area which has been acquired by the Department for highway purposes. Rigid base pavement—A pavement structure which distributes loads to the subgrade having as one course a portland cement concrete slab of relatively high bending resistance. Roadbed—The graded portion of a highway within top and side slopes, prepared as a foundation for the pavement and shoulder. Roadway construction standards—Department publication No. 72 containing the Department’s design standards for highway construction. Seal coat—A thin treatment consisting of bituminous or other approved material, usually with cover aggregate, applied to a surface course. Secretary—The Secretary of Transportation of the Commonwealth. Select granular material or 2 RC—A material meeting specifications in section 703.3 of Publication 408, when placed and compacted under § 459.8(g) (relating to special conditions—subsurface operations). Shoulder—The existing improved or graded portion of the highway, contiguous to the traffic lanes, for accommodation of stopped vehicles, for emergency use, or for lateral support of base and surface courses of pavements. Subbase—The layers of specified or selected material of designed thickness placed on a subgrade to support a base course. Subgrade—The top surface of a roadbed upon which the pavement structure and shoulders including curbs are constructed. Suitable material—Soil, granular material or shale meeting specifications in section 206.2 of Publication 408, when placed and compacted under § 459.8(g). Supplement—An amendment to a highway occupancy permit issued on Department Form M-945S. Surface course—One or more layers of a pavement structure designed to accommodate the traffic load, the top layer of which resists skidding, traffic abrasion, and the disintegrating effects of climate. The top layer is sometimes called ‘‘Wearing Course.’’ Tack coat—An application of bituminous material to an existing surface to provide bond with a superimposed course. Test hole—An exploratory opening of less than 100 square inches. Utility—A person owning a utility facility including any wholly owned or controlled subsidiary. Utility facility or facility—Privately, publicly or cooperatively owned lines, facilities and systems for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil, crude products, coal, water, steam, waste, storm water not connected to Department drainage facilities, and other similar commodities including fire and police signal systems and street lighting systems, which directly or indirectly serve the public or any part thereof. Vehicle—Every device which is or may be moved or drawn upon a highway.

The provisions of this § 459.1 amended under sections 411, 420 and 702 of the State Highway Law (36 P. S. § § 670-411, 670-420 and 670-702).

The provisions of this § 459.1 adopted July 13, 1979, effective August 13, 1979, 9 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2779; amended January 20, 1989, effective March 22, 1989, 19 Pa.B. 241; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772. Immediately preceding text appears at serial pages (317549) to (317550) and (254075) to (254077).

This section cited in 67 Pa. Code § 459.8 (relating to special conditions—subsurface operations).

History

• Authority: The provisions of this Chapter 459 issued under section 411 of the State Highway Law (36 P.
• Source: The provisions of this Chapter 459 adopted July 13, 1979, effective August 13, 1979, 9 Pa.

67 Pa. Code § 459.2 Purpose and application.

It is in the public interest to regulate the location and construction of utility facilities and other structures within State highway right-of-way for the purpose of insuring the structural integrity of the highway, economy of maintenance, preservation of proper drainage and safe and convenient passage of traffic. This chapter is made under the State Highway Law (36 P. S. § § 670-101—670-1102), including § § 411, 420 and 702 (36 P. S. § § 670-411, 670-420 and 670-702). Nothing contained herein is intended to relax existing safety requirements in Chapter 203 (relating to work zone traffic control) and similar State and Federal safety requirements referred to in § 459.7(2) (relating to general conditions).

The provisions of this § 459.2 amended under 411, 420 and 702 of the State Highway Law (36 P. S. § § 670-411, 670-420 and 670-702).

The provisions of this § 459.2 adopted July 13, 1979, effective August 13, 1979, 9 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2779; amended January 20, 1989, effective March 22, 1989, 19 Pa.B. 241. Immediately preceding text appears at serial page (63761).

History

• Authority: The provisions of this Chapter 459 issued under section 411 of the State Highway Law (36 P.
• Source: The provisions of this Chapter 459 adopted July 13, 1979, effective August 13, 1979, 9 Pa.

67 Pa. Code § 459.3 Permit application procedure.

(a) General rule. Except as provided in paragraphs (1)—(4) no work may be performed within the right-of-way involving the placing of utility facilities or other structures or opening of the surface without first obtaining a permit from the Department. Work performed within the right-of-way shall conform to Chapter 203 (relating to work zone traffic control).

(1) Emergency repairs of utility facilities may be performed by using an emergency permit card under § 459.6 (relating to emergency work).

(2) A permit application is not required for modifying parts of existing permitted facilities, such as cable within conduit on nonlimited access highways, cross arms or transformers on poles, or manhole riser rings prior to roadway resurfacing, if no surface opening is required.

(3) Permit applications are not required for stringing overhead utility lines on nonlimited access highways.

(4) Permit applications are not required for accessing an existing utility facility through a manhole except in limited access highway medians or interchange areas.

(5) Work performed on or across a limited access highway requires a permit.

(b) Who may execute applications.

(1) If a corporation, authority, political subdivision or other person in the business of providing utility service owns, operates or intends to operate the facility, the application shall be submitted in the name of, and executed by the party. An application may not be submitted in the name of contractors of the owner or operator, nor in the name of persons only being serviced by the facility.

(2) In the case of a facility owner who is not in the business of providing utility service, such as a developer whose land is located outside a utility’s service jurisdiction, the application shall be submitted in the name of, and executed by, the owner of the facility at the time of construction. The applicant shall indemnify and hold harmless the Department from claims by anyone claiming residual property interests in the permitted area.

(i) An applicant under this paragraph shall provide satisfactory evidence to the Department of ability to completely discharge construction, maintenance and financial duties imposed by this chapter. An applicant shall provide satisfactory evidence that the proposed facility will not be inconsistent with the structural integrity of the right-of-way, the Department’s maintenance responsibilities, or the safe and convenient passage of traffic. The Department may require security, including, but not limited to:

(A) Executing indemnity agreements satisfactory to the Department.

(B) Obtaining insurance in a form and amount acceptable to the Department.

(C) Obtaining surety bonds in a form and amount acceptable to the Department to guarantee restoration of the permitted area in a manner satisfactory to the Department for a period of at least 2 years after the acknowledged completion of the permitted work.

(D) Obtaining surety bonds in a form and amount acceptable to the Department to guarantee necessary maintenance costs for the facility and the right-of-way in which it is located for a period of at least 2 years after the acknowledged completion of the permitted work.

(E) Depositing sufficient currency in an escrow account acceptable to the Department to fully secure the obligations in clauses (C) and (D) as an alternative to the obtaining of the surety bonds.

(F) The use of bonded contractors as well as consultants and engineers having professional liability insurance.

(ii) An applicant under this paragraph shall submit a detailed traffic control plan for permitted work.

(iii) An applicant under this paragraph shall cause the permit to be recorded in the appropriate recorder of deeds office.

(iv) An applicant under this paragraph is not authorized to place a facility longitudinally within the pavement, nor in the shoulder unless the applicant provides detailed plans which verify there is no feasible space outside the shoulder for placing the facility.

(v) If, subsequent to completion of the permitted work authorized under this paragraph, a corporation, authority, political subdivision or other person in the business of providing utility service assumes operation and maintenance of the facility, the Department, under proper application by the applicant and the provider of the utility service, under § 459.7(1)(iv) (relating to general conditions), may approve the assignment or transfer of the permit to the provider of the utility service. The applicant will not be released from the construction, maintenance and financial duties imposed under this section until the Department has approved the transfer or assignment of the permit.

(c) Where to submit application. A permit application shall be submitted to one of the following:

(1) The district or county office having jurisdiction over the county in which the proposed work will be performed.

(2) The municipality if it has entered into a municipal permit issuance agreement with the Department.

(d) Required application information. A permit application:

(1) Shall be submitted in person or by mail on a properly completed Department Form M-945A.

(2) Shall be signed by the applicant.

(3) Shall include at least four sets of plans, of a quality sufficient for microfilming, detailing the location and pertinent horizontal and vertical dimensions of the opening, the proposed utility installation and related highway features, including specific highway location, center line, edges of pavement, outside edges of shoulders, curbing, guide rail, highway drainage structures and right-of-way lines. Color coded plans are not acceptable because the notations are not distinguishable on photocopies or microfilm. Freehand drawings of highway features or utility facilities are unacceptable.

(4) Shall be accompanied by a check or money order, payable to the Department, in the appropriate amount, as set forth in § 459.4 (relating to permit fees), unless the applicant participates in the permit monthly billing system.

(5) Shall be submitted to the Department at least 30 days prior to the anticipated start of work. If the permitted work will be performed for the permittee by a contractor, the application shall, if possible, be submitted to the Department at least 60 days prior to soliciting bids for the permitted work so that the permittee may notify bidders of permit requirements. If the application specifies that the permitted work involves providing priority utility service, the district office will process the priority application before other nonpriority applications submitted by the applicant.

(6) Shall identify consulting engineers performing work related to the application. The consulting engineer shall also sign the application.

(e) Plans for occupancy of the pavement or shoulder. A permit application for occupancy of the pavement or shoulder shall include detailed plans which, in addition to subsection (d), comply with the following:

(1) Plans depicting new occupancy of more than 500 linear feet of pavement or shoulder, or both, shall have a horizontal scale of 1 inch equal to no more than 50 feet. Plans depicting other occupancy of the pavement or shoulder shall specify dimensions from the near edge of pavement.

(2) Plans depicting installation or replacement of a facility involving more than 100 linear feet of pavement or shoulder opening shall identify utility facilities and other structures within the right-of-way that will be affected by the proposed occupancy, and shall include typical cross sections at each significant change in highway cross section features.

(3) Plans depicting installation of a facility longitudinally within more than 100 linear feet of pavement or shoulder, or both, shall verify there is no feasible space outside the pavement or shoulder available for placing the facility.

(f) Traffic control plan. A traffic control plan shall be submitted with the application in the following manner:

(1) With the exception of emergency work performed under the authority of § 459.6, the applicant shall submit a traffic control plan for Department approval for work on limited access highways; or whenever it will be necessary to close a portion of a travel lane during hours of darkness without work in active progress; or whenever it will be necessary to completely close a highway to perform the permitted work.

(2) The Department may require an applicant to submit a traffic control plan under other special circumstances.

(3) A traffic control plan shall comply with Chapter 203 and shall clearly indicate how the work area, vehicular and pedestrian traffic will be protected, maintained and controlled.

(4) A traffic control plan shall consist of one of the following:

(i) A reference to specific figures in Chapter 203 if the referenced figures properly depict actual site conditions and address the necessary traffic control.

(ii) Four copies of specific figures from Chapter 203 which have been modified to depict actual site conditions and the necessary traffic control requirements for the specific project.

(iii) Four copies of a detailed drawing, showing actual site conditions and the necessary traffic control requirements for the specific project.

(g) Blasting requirements. When blasting methods other than controlled blasting—as specified in section 203.3(b)1 of Publication 408—will be used or when blasting is anticipated within 100 feet of a bridge, box or culvert, a detailed plan of excavating, shoring, blasting and backfilling procedures shall be submitted at least 15 days prior to blasting. Prior to blasting within the right-of-way, insurance shall be furnished under § 459.7(12).

(h) Accuracy of application. The applicant is responsible for the accuracy of information submitted to the Department, including the application, plans, drawings, reports and correspondence.

(i) Penalty for falsifying application. Information provided in applications shall be accurate. Section 4904 of the Crimes Code (relating to unsworn falsification to authorities), makes it a misdemeanor of the second degree for a person to mislead a public servant in performing an official function by making a written false statement which the person does not believe to be true.

(j) Authority to reject application. The Department will examine and determine the genuineness, regularity and legality of every application, and may reject an application if not satisfied as to its genuineness, regularity or legality, or the truth of a statement contained in the application. The Department may also make investigations and require additional information as it deems necessary.

(k) Right of appeal. The applicant may appeal an adjudication of the Department under 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Administrative Agency Law), by submitting a written request for a hearing within 30 days after service of the document containing the adjudication, to the Commonwealth of Pennsylvania, Department of Transportation, Administrative Docket Clerk, Commonwealth Keystone Building, 400 North Street, 9th Floor, Harrisburg, Pennsylvania 17120-0096. A filing fee of $50, made payable to the ‘‘Commonwealth of Pennsylvania,’’ shall accompany each request.

(l) Debarred persons.

(1) The Department may debar a person, including permittees, consultants, contractors, and their employes, agents, successors and assigns, from placing a facility, working within or otherwise occupying State highway right-of-way under permit, directing work, or having involvement in a permit issued or an application submitted under this chapter, for one or more of the following:

(i) Unsatisfactory past performance, as documented by records, reports or performance ratings.

(ii) Failure to complete permitted work under the permit and this chapter, as documented by records, reports or performance ratings.

(iii) Bribing, attempting to bribe or giving gratuities to a Department employe or a permit inspector.

(iv) A reason outlined in § 457.13 (relating to suspension or disqualification).

(2) The first debarment of a person shall be for 6 months to 18 months. A subsequent debarment of the same person ordered within 5 years after the first debarment is served, shall be for 18 months to 3 years.

(3) A person may request a list from a district office of persons currently debarred under this subsection.

(4) A person has a right to appeal a debarment under subsection (k) within 30 days after service of the debarment notice.

The provisions of this § 459.3 amended under section 411, 420 and 702 of the State Highway Law (36 P. S. § § 670-411, 670-420 and 670-702).

The provisions of this § 459.3 adopted July 13, 1979, effective August 13, 1979, 9 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2779; amended January 20, 1989, effective March 22, 1989, 19 Pa.B. 241; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772. Immediately preceding text appears at serial pages (254077) to (254080) and (337751) to (337752).

While 67 Pa. Code § 459.3(b) clearly excludes private developers from applying for state highway right-of-way occupancy permits, nothing in the language of the regulation compels a township to apply for the permits in their stead; thus, the township did not possess standing to challenge the exclusion of private developers. South Whitehall Township v. Department of Transportation, 475 A.2d 166 (Pa. Cmwlth. 1984).

Third party, a competitor of the permit applicant, had no standing to challenge the Department’s decision to issue permits since the third party would suffer only economic harm, long after completion of construction, and would suffer no direct and immediate physical damage to a property interest (the type of damage this section is designated to prevent). Equitable Gas Co. v. Department of Transportation, 504 A.2d 402 (Pa. Cmwlth. 1986); appeal denied 522 A.2d 46 (Pa. 1987).

This section cited in 67 Pa. Code § 459.1 (relating to definitions); 67 Pa. Code § 459.5 (relating to issuance of permits); 67 Pa. Code § 459.6 (relating to emergency work); 67 Pa. Code § 459.7 (relating to general conditions); and 67 Pa. Code § 459.10a (relating to bridge occupancy).

History

• Authority: The provisions of this Chapter 459 issued under section 411 of the State Highway Law (36 P.
• Source: The provisions of this Chapter 459 adopted July 13, 1979, effective August 13, 1979, 9 Pa.

67 Pa. Code § 459.4 Permit fees.

(a) Permit application fees. Application fees charged to defray costs incurred by the Department in reviewing and processing the application and plans, including the preliminary review of the site location identified in the application, whether or not a permit is issued and processed shall be as follows:

(1) Application fee—$50.

(2) Supplement fee (each 6-month time extension) (each submitted change)—$10.

(3) Emergency permit card (each card)—$5.

(b) General permit inspection fees. General inspection fees charged to defray costs incurred by the Department in spot inspections of permitted work or subsequent inspections after the permitted work has been completed and to monitor compliance with the permit and this chapter shall be as follows:

(1) Surface openings. This fee is calculated on the total linear feet of the opening being permitted with different areas of the right-of-way.

(i) Total linear feet of opening (each 100 feet increment or fraction thereof):

(A) Opening in pavement—$40.

(B) Opening in shoulder—$20.

(C) Opening outside pavement and shoulder—$10.

(ii) If a longitudinal opening simultaneously occupies two or more highway areas identified in subparagraph (i), only the higher fee will be charged. Linear distances shall be measured to the nearest foot.

(2) Surface opening of less than 36 square feet—for example, service connections performed independently of underground facility installation, pipe line repairs—(each opening):

(i) Opening in pavement—$30.

(ii) Opening in shoulder—$15.

(iii) Opening outside pavement and shoulder—$10.

(iv) If an opening simultaneously occupies two or more highway areas identified in subparagraphs (i)—(iii), only the higher fee will be charged.

(3) Aboveground facilities (for example, poles, or guys or anchors if installed independently of poles).

(i) Up to ten physically connected aboveground facilities (each continuous group)—$20.

(ii) Additional aboveground physically connected facilities (each pole with appurtenances)—$2.

(4) Crossings (for example, overhead tipples, conveyors or pedestrian walk-ways, and undergrade subways or mines)—$80.

(5) Seismograph—Vibroseis method (for example, prospecting for oil or gas).

(i) First mile—$50.

(ii) Each additional mile or fraction therefore—$5.

(6) Nonemergency test holes in pavement or shoulder (each hole)—$5.

(c) Exemptions. Permit application fees and general permit inspection fees are not required from the following:

(1) The Commonwealth.

(2) Political subdivisions of this Commonwealth, except when placing a facility longitudinally within more than 100 total linear feet of pavement. In that case, the application and inspection fees for pavement openings will be charged under subsections (a), (b) and (d).

(3) Governmental authorities organized under the laws of this Commonwealth, except when placing a facility longitudinally within more than 100 total linear feet of pavement. In that case, the application and inspection fees for pavement openings will be charged under subsections (a), (b) and (d).

(4) The Federal government.

(5) Utility facility owners for:

(i) The installation or maintenance of highway lighting at the request of the Department or political subdivisions.

(ii) The replacement or renewal of their facilities prior to a Department maintenance project after notice from the Department.

(iii) The removal of poles and attached appurtenances.

(iv) Facilities moved at the request of the Department or political subdivisions.

(v) Reconstructing or maintaining their facilities which occupy the right-of-way under private status.

(d) Additional fees. If the Department anticipates that the cost of reviewing the required application information or inspecting the permitted work will exceed the application or inspection fees listed in this section by a significant amount, the following additional fees will be assessed:

(1) Additional application fee. The Department will estimate the additional amount of salary, overhead and expenses and prepare a reimbursement agreement for execution by the applicant. Department review of the permit application will commence on the effective date of the agreement.

(2) Additional inspection fees. If the Department determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more persons to inspect the permitted work on a more than spot inspection basis, the permit will so indicate and the permittee shall be charged for additional salary, overhead and expenses incurred by the Department for inspection.

(3) Charge calculation. The charges will be calculated either on an actual cost basis or a standard unit cost basis.

(4) Invoices. The Department will provide an itemized invoice for additional fees owed to the Department.

(e) Refunds. The Department will refund the general permit inspection fees on unused permits. To be eligible to receive a refund, the permittee shall deliver the request with the permittee’s copy of the permit to the issuing district permit office on or before the permit expiration date.

(1) A refund processing fee of $10 shall be deducted from the general permit inspection fees.

(2) The permit application fee is not refundable.

(f) Miscellaneous fees. The applicant shall pay for notary and recording costs if it is determined by the Department that the permit shall be recorded in the county office of the recorder of deeds.

The provisions of this § 459.4 amended under sections 411, 420 and 702 of the State Highway Law (36 P. S. § § 670-411, 670-420 and 670-702).

The provisions of this § 459.4 adopted July 13, 1979, effective August 13, 1979, 9 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2779; amended July 16, 1982, effective July 10, 1982, 12 Pa.B. 2294; amended January 20, 1989, effective March 22, 1989, 19 Pa.B. 241. Immediately preceding text appears at serial pages (111376) to (111377) and (73625) to (73626).

This section cited in 67 Pa. Code § 459.3 (relating to permit application procedure); and 67 Pa. Code § 459.6 (relating to emergency work).

History

• Authority: The provisions of this Chapter 459 issued under section 411 of the State Highway Law (36 P.
• Source: The provisions of this Chapter 459 adopted July 13, 1979, effective August 13, 1979, 9 Pa.

67 Pa. Code § 459.5 Issuance of permits.

(a) General rule. Upon approval of an application submitted under this chapter, a permit will be issued by the appropriate district office, subject to this chapter and the conditions contained in the permit and its attachments and supplements. The permit shall be the applicant’s authority to proceed with the work specified in the permit. A copy of the permit and relevant plans shall be available at the work site for review.

(b) Permit requiring agreement/security. If the permittee will be authorized to perform a substantial amount of work within the right-of-way, the Department may, at its discretion, require the applicant to execute an agreement or provide security, or both, as a prerequisite to issuance of the permit. If security is required, it shall be delivered to the Department in a form and amount acceptable to the Department and shall guarantee restoration and maintenance of the highway for a period of at least 2 years after the acknowledged completion of the permitted work. If the security is executed by a company registered and authorized to do the business in this Commonwealth, the following documents are acceptable forms of security:

(1) An individual or blanket bond—Form M-945K—executed by the permittee and naming the Commonwealth as obligee.

(2) An irrevocable letter of credit—Form M-945L—signed by a bank officer and naming the Department as sole beneficiary, to be honored on presentment.

(3) An assignment of cause of action—Form M-945M—when authorized by the Department.

(4) An escrow account in a form acceptable to the Department.

(c) Permit issued only to applicant. A permit will only be issued to the applicant as described in § 459.3(b) (relating to permit application procedure).

(d) Permit supplements. The permittee may request a supplement to the permit, on Form M-945A, to amend a permit condition, such as revising the traffic control plan or extending the permit expiration date. A permit is valid for a 6-month period, or multiples thereof as specified on the permit, subject to the following conditions:

(1) If the permittee has not completed authorized work by the completion date specified on the permit, an application shall be submitted requesting a time extension on the permit.

(2) If approved, a supplement to the permit authorizing a new completion date will be issued by the District office.

(3) No extension of the permit will be authorized unless the permittee obtains an extension on the duration of a bond, insurance or other security required under this chapter, which extension of the bond, insurance or other security corresponds with the permit time extension. The permittee shall provide evidence of the extension to the Department.

(4) No work may be performed on an expired permit until a time extension supplement or new permit is obtained.

(5) No time extension supplement will be issued for a request received more than 30 days after the expiration of the permit. In that case, an application for a new permit may be submitted to the district office.

(e) Work completion notification. When permitted work has been completed, the permittee shall notify, in writing, the district office.

(f) Permanent permit microfilm record. The permit together with plans, relevant correspondence and supplements issued will be microfilmed, and the microfilm record will be retained in the district permit office.

(g) Photodocumentation. At least 15 days prior to opening more than 500 linear feet of pavement or shoulder, or both, the permittee shall deliver photodocumentation to the district office verifying the preconstruction condition of the pavement and shoulder surfaces in accordance with the following:

(1) The pavement and shoulder that will be disturbed shall be photodocumented in its entirety with color videotape or color film. Photodocumentation shall be compatible with district office viewing equipment.

(2) The permittee may submit color slides or color prints in lieu of videotape or film, if each slide or print is clearly labeled and arranged to verify the surface condition of each successive 25 linear feet of pavement and shoulder that will be disturbed.

(3) If photodocumented pavement and shoulder surface conditions or locations are not discernible, complete or otherwise acceptable, the district office will either return the photodocumentation to the permittee for resubmission or the district office will create its own photodocumentation record and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Department’s invoice.

(4) The date of photodocumentation shall be identified on each cartridge, reel, slide or print.

(5) Photodocumentation of longitudinal openings less than 500 linear feet in pavements or shoulders is recommended to avoid responsibility for preexisting highway conditions.

The provisions of this § 459.5 amended under sections 411, 420 and 702 of the State Highway Law (36 P. S. § § 670-411, 670-420 and 670-702).

The provisions of this § 459.5 adopted July 13, 1979, effective August 13, 1979, 9 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2779; amended January 20, 1989, effective March 22, 1989, 19 Pa.B. 241. Immediately preceding text appears at serial page (73626).

This section cited in 67 Pa. Code § 459.7 (relating to general conditions); and 67 Pa. Code § 459.8 (relating to special conditions—subsurface operations).

History

• Authority: The provisions of this Chapter 459 issued under section 411 of the State Highway Law (36 P.
• Source: The provisions of this Chapter 459 adopted July 13, 1979, effective August 13, 1979, 9 Pa.

67 Pa. Code § 459.6 Emergency work.

(a) General rule. Emergency repairs involving the placing of facilities or opening of the surface within the right-of-way may be performed prior to obtaining a permit if the following procedure is adhered to:

(1) Utility owners or operators may obtain emergency permit cards by submitting an application, on Department Form M-945A or on company stationary, to the district office having jurisdiction over the State highways in which the utility facilities are located. The application shall be accompanied by a check or money order, in the amount specified in § 459.4 (relating to permit fees). The utility facility owner or operator shall promptly notify the district office by telephone, when the necessity for an emergency repair occurs during the hours of 8 a.m. to 4 p.m., Monday through Friday. Emergency work occuring at other times shall be reported to the district office on the following work day.

(2) Prior to opening the surface or placing utility facilities within the right-of-way, the utility work crew shall enter the following information on the emergency permit card in legible handwriting, using indelible ink:

(i) Date emergency work is started.

(ii) Time emergency work is started.

(iii) Location of emergency work site.

(iv) Description of emergency work.

(3) The completed, original emergency permit card shall be located at the work site and shall be available for inspection by any police officer or representative of the Department. Reproduced copies of the original card shall not be valid.

(4) A permit shall be applied for within 15 days to confirm and set forth, in detail, any work performed. The application number shall then be entered on the emergency permit card by the applicant.

(5) Work performed under authority of an emergency permit card shall conform to this chapter; see in particular § § 459.7—459.9 (relating to general conditions; special conditions—subsurface operations; and special conditions, above-ground facilities).

(b) Use of card. An emergency permit card shall be valid for 1 year or 25 emergency repairs, whichever occurs first.

(1) Emergency permit cards may be obtained by submitting an application to each district office in which the utility’s facilities are located, listing thereon the number of emergency permit cards desired.

(2) The utility shall be responsible for assigning the proper emergency permit cards to its work crews.

(3) An emergency permit card shall be returned to the issuing district office within 15 days after either the 25th emergency repair authorized by the card or 1 year from the card issuance date, whichever occurs first.

(c) Exceptions. Emergency repairs to utility facilities within the right-of-way do not require an emergency permit card in those instances when a permit application is not required, as identified in § 459.3(a) (relating to permit application procedure).

The provisions of this § 459.6 amended under sections 411, 420 and 702 of the State Highway Law (36 P. S. § § 670-411, 670-420 and 670-702).

The provisions of this § 459.6 adopted July 13, 1979, effective August 13, 1979, 9 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2779; amended January 20, 1989, effective March 22, 1989, 19 Pa.B. 241. Immediately preceding text appears at serial pages (73626) and (63767) to (63768).

This section cited in 67 Pa. Code § 203.24 (relating to highway occupancy permit work on State-designated highways); 67 Pa. Code § 212.4 (relating to application); 67 Pa. Code § 459.1 (relating to definitions); 67 Pa. Code § 459.3 (relating to permit application procedure); 67 Pa. Code § 459.7 (relating to general conditions); and 67 Pa. Code § 459.8 (relating to special conditions—subsurface operations).

History

• Authority: The provisions of this Chapter 459 issued under section 411 of the State Highway Law (36 P.
• Source: The provisions of this Chapter 459 adopted July 13, 1979, effective August 13, 1979, 9 Pa.

67 Pa. Code § 459.7 General conditions.

The following conditions apply to permits issued under this chapter:

(1) Scope of permit. The permit is binding upon the permittee, its agents, contractors, successors and assigns.

(i) The permittee is responsible for causing compliance with the terms and conditions of the permit by its employes, agents and contractors.

(ii) The permit shall be located at the work site and be available for inspection by a 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 permittee’s facilities authorized by the permit occupy the right-of-way.

(iv) Responsibility for compliance with the terms of the permit may not be assigned or transferred by the permittee without first obtaining approval from the Department after submitting Form M-948, Assignment of Permit or License. If a permit is assigned or transferred without first obtaining approval from the Department, the assignment or transfer is void. The permit assigned or transferred also becomes void. A facility installed under the authority of the permit shall be subject to removal at the expense of the applicant to which the permit was issued or its assignees, or both.

(v) The permittee is liable to the Department for failure to comply with the permit and this chapter. The liability of the permittee to the Department does not preclude the permittee or the Department from bringing an action against the permittee’s contractor, subcontractor, engineer, architect, assignee, agent, workers, employes or other persons.

(2) Additional restrictions. Work authorized by the permit is subject to:

(i) Applicable laws, rules and regulations, including but not limited to:

(A) The act of October 26, 1972 (P. L. 1017, No. 247) (53 P. S. § 1611), concerning environmental control measures related to pollution and the preservation of public natural resources.

(B) The act of December 10, 1974 (P. L. 852, No. 287) (73 P. S. § § 176—182), concerning protection of the public health and safety by preventing excavation or demolition work from damaging underground utility facilities.

(C) The Clean Streams Law (35 P. S. § § 691.1—691.1001).

(D) O.S.H.A. construction safety and health regulations at 29 CFR 1926.1—1926.1051.

(E) Title VI, Civil Rights Act of 1964 (23 U.S.C. § § 140 and 315) and implementing regulations.

(F) The Federal Highway Progam Manual—Volume 6, Chapter 6, section 3.

(G) Title 66 of the Pennsylvania Consolidated Statutes § § 2701—2706 (relating to railroads), in instances where the Pennsylvania Public Utility Commission has taken jurisdiction of a public rail-highway crossing.

(ii) The rights of any person.

(iii) The conditions, restrictions and provisions of the permit.

(3) Work to conform to Department standards. Work shall conform to Department standards, including the following:

(i) The work shall be done at a time and in a manner consistent with the safety of the public and conform to requirements and standards of the Department, including, but not limited to, Publication 408.

(ii) Highway materials shall be obtained from Department approved sources which are identified in current Department Publication Numbers 34, 35, 41 and 42. Upon request, the permittee shall make available for review certifications for backfill and restoration materials placed within the improved area.

(iii) If it is found by the Department that the work is not being done or has not been properly performed, the permittee shall promptly take the necessary steps, at its own expense, to place the work in condition to conform to the requirements or standards.

(iv) If a dispute arises between the permittee and the Department’s inspector, the Department’s inspector has the authority to suspend work until the question at issue may be referred to and decided by the district office.

(v) Work not specifically regulated by this chapter shall be performed as authorized by the district office.

(4) Permittee responsibilities. Permittee responsibilities include the following:

(i) The permittee shall pay the costs and expenses incident to or arising from the project, including the prescribed fees for the project, the cost of making and maintaining temporary restoration of the disturbed areas and making permanent restoration. The permittee shall reimburse the Department for inspection costs which the Department deems necessary to incur within 30 days after receipt of the Department’s invoice.

(ii) In the event of failure or neglect by the permittee to perform and comply with the permit or this chapter, the Department may immediately revoke and annul the permit and order and direct the permittee to remove structures, equipment or property belonging to the permittee or its contractors, or both, from the legal limits of the right-of-way and to restore the right-of-way to its former condition. If the Department determines that the structures, equipment or property poses a threat to the public safety and the permittee fails to remove it after notice from the Department to do so, the Secretary or his attorneys, or an attorney of a court of record is authorized to appear for the permittee, and to enter an amicable action of ejectment and confess judgment against the permittee. The attorney is authorized to issue forthwith a writ of possession with a clause of fieri facias for costs, without leave of court.

(iii) At the end of a workday, an opening in the right-of-way shall be covered, backfilled or protected under § 459.8(d)(2) (relating to special conditions—subsurface operations). If work is stopped on a project, other than at the end of a normal workday, the permittee shall promptly backfill the opening and restore the surface, and work may not be resumed until the permittee is prepared to proceed with the work to its completion. If the permittee fails to backfill the opening or proceed until completion of the work, the Department reserves the right to do the work upon notice to the permittee, where practicable, and shall be reimbursed for the costs by the permittee within 30 days after receipt of the Department’s invoice.

(iv) If the permittee, after making an opening in the surface to place or repair a facility or for another purpose, fails to restore a portion of the right-of-way to conform with this section and § 459.8 and § 459.9 (relating to special conditions, aboveground facilities), the Department reserves the right to do the work upon notice to the permittee, if practicable, and the permittee shall reimburse the Department for the costs within 30 days after receipt of the Department’s invoice.

(v) If backfill or restoration work will be performed for the permittee by a contractor, the permittee shall identify to the Department both its contractor and its inspector-in-charge who shall be assigned to monitor backfill and restoration work performed within the improved area. The permittee’s inspector-in-charge, as well as the permittee, is responsible for ensuring work is performed in compliance with the permit, this chapter and Publication 408 and Design Manual, Parts 2 and 5.

(vi) The permittee shall verify that no person debarred under § 459.3(1) (relating to permit application procedure) is allowed to perform permitted work or direct permitted work within State highway right-of-way.

(vii) The permittee shall notify the district office at least 3 full workdays prior to the start of work when the permit identifies that the permitted work will be inspected on a more than spot inspection basis.

(5) Altering drainage prohibited. Altering drainage shall be prohibited by the following conditions:

(i) Unless specifically authorized by the permit, the permittee may not:

(A) Alter the existing drainage pattern or the existing flow of drainage water.

(B) Direct additional drainage of surface water toward, onto, or into or in any way affect the highway right-of-way or highway facilities.

(ii) The permit does not authorize the permittee to direct, divert or otherwise drain surface waters over the property of another property owner.

(A) The permit does not relieve the permittee from acquiring the consent, permission or other authorization from a property owner who may be adversely affected by drainage alterations.

(B) The permittee is responsible for damage caused to property owners as a result of work done under the permit.

(iii) A permit will not be issued to authorize the discharge of water into the right-of-way unless the water is surface drainage.

(6) Equipment damaging highway. A highway shall be protected in accordance with the following:

(i) To protect the pavement and shoulders, equipment shall have rubber wheels or runners and have rubber, wood or similar protective pads between the outriggers and the surface unless otherwise authorized by the permit.

(ii) If other than rubber equipped machinery or equipment is used, the pavement and shoulders shall be protected from equipment damage by the use of matting or other suitable protective material, unless the permittee requests, in writing, a waiver from the use of protective material, thereby acknowledging its obligation and commitment to repair or reconstruct the pavement and shoulder, if damaged, to its former condition.

(iii) If the equipment damages the pavement or shoulders, the permittee shall restore the damaged pavement or shoulder, or both, to its former condition, in a manner authorized by the district office.

(iv) The district office may authorize the permittee to restore the pavement or shoulder from superficial surface damage with a seal coat or surface treatment.

(7) Work zone traffic control. Maintenance and protection of traffic shall be carried out by the permittee under 75 Pa.C.S. § 6123 (relating to erection of traffic-control devices while working), the approved traffic control plan and the applicable provisions of Chapter 203 (relating to work zone traffic control).

(8) Highways under construction. No permit application will be approved for occupancy of a section of right-of-way within which a highway contruction or reconstruction project is underway, or if a contract for such a project has been let, until the project is completed and accepted by the Department, unless the application is accompanied by an attested certificate signed by the contractor or other authority constructing the project, consenting to the proposed work of the applicant within the right-of-way, together with a waiver, release and quitclaim to the Department of damages and defenses for delays by reason of that work and occupation of the right-of-way by the permittee, or from a cause resulting by reason of that work and occupation. This paragraph does not apply:

(i) To an emergency. In an emergency, the permittee shall procure the consent of the Department to do the work as deemed necessary to correct the existing emergency condition under § 459.6 (relating to emergency work).

(ii) If the permittee has been authorized by the Department to relocate or adjust its facilities simultaneously with highway construction, under applicable provisions of Design Manual, Part 5.

(9) Sharing facilities. Sharing facilities is encouraged and may be authorized under one permit in accordance with the following:

(i) Aboveground. Notwithstanding paragraph (1)(iv), the permittee may authorize others to share and use facilities already authorized by a permit, on other than limited access highways, if attachments by others to its facilities are in compliance with this chapter and the permit.

(ii) Subsurface. The application shall identify a facility that will be sharing a trench or structure with the facilities of the applicant.

(10) Limited access right-of-way. No utility may conduct operations, including maintenance or inspection of existing facilities, within limited access right-of-way without first obtaining a permit, except for an emergency which is regulated by § 459.6.

(i) Occupancy. Facility occupancy of limited access right-of-way shall comply with Design Manual, Part 5.

(ii) Access. Access for servicing, maintenance or inspection of facilities shall be made from outside the extent of limited access unless specified on the permit, and shall comply with Design Manual, Part 5; the A.A.S.H.T.O. ‘‘Policy on the Accommodation of Utilities on Freeways’’; and, if applicable, the Federal Highway Program Manual—Volume 6, Chapter 6, section 3.

(11) Indemnification. Indemnification of the Department for property and personal injury will be governed as follows:

(i) The permittee shall fully indemnify and save harmless and, if requested, defend the Commonwealth, its officers, agents and employes, of and from liability for damages or injury to persons or property in a claim or suit seeking to impose liability on the Commonwealth, its officers, agents or employes, arising out of an act or omission of a contractor, agent, servant, employe or person engaged or employed in, about or upon the work, by, at the instance of or with the approval or consent of the permittee, including a failure of the permittee or a person to comply with the permit or this chapter.

(ii) The permittee shall have the Commonwealth added as an additional insured to its or its contractor’s insurance policy to secure the permittee’s indemnification of the Department for property damage and personal injury under this paragraph. The coverage of the Commonwealth as an additional insured shall be limited to the acts or omissions of the permittee or its contractor, as described in subparagraph (i). The amount of insurance shall be at least $250,000 per person and at least $1,000,000 per occurrence, or other statutory limitations on damages as the General Assembly may establish. The policy shall be of a duration satisfactory to the Department.

(iii) Upon request, the permittee shall deliver to the district office certificates of insurance evidencing that the coverage required under subparagraph (ii) has been obtained. The Department may accept a formalized plan of self-insurance as a substitute for the insurance described in this subparagraph.

(12) Insurance. The permittee shall obtain, prior to the start of work, a policy of insurance, issued by an insurer having a certificate of authority and a licensed agent authorized to transact the business of insurance in this Commonwealth, in accordance with the following conditions:

(i) The permittee or its contractor shall obtain insurance for public liability and property damage, in form, amount and duration satisfactory to the Department to cover a loss that may be incurred for construction, reconstruction, repair, relocation or installation of the permitted structure or facilities.

(ii) If blasting is authorized by the permit under paragraph (13), the insurance coverage shall include property damage and personal injury occasioned by blasting. In addition, the insurance policy shall provide coverage for damage to the highways, highway structures and appurtenances or other Department property and shall be in an amount satisfactory to the Department.

(iii) Upon request, the permittee shall deliver to the district office certificates of insurance evidencing that the insurance coverage required under subparagraphs (i) and (ii) has been obtained. The Department may accept a formalized plan of self-insurance as a substitute for the insurance described in this subparagraph.

(iv) The permittee’s obligations to indemnify the Department and obtain insurance to secure indemnification under paragraph (11) and its obligations to restore the highway and obtain a bond relating to restoration under paragraph (16) are separate obligations from obtaining insurance for the purposes required under this paragraph. Obtaining insurance under this paragraph does not relieve the permittee of its obligations under paragraphs (11) and (16).

(13) Blasting. Blasting requirements include the following:

(i) No predrilling or blasting may be performed within the right-of-way unless authorized by the permit and until the permittee provides insurance for property damage and public liability under paragraph (12).

(ii) The blaster’s license number shall be furnished upon request.

(iii) No blasting will be permitted within 50 feet of the nearest part of a bridge, box or culvert.

(iv) The permittee’s obligation for restoration of the highway under paragraph (16) shall include failure of the highway occasioned by blasting.

(14) Maintaining structure or facility. As long as the permittee operates and leaves in place structures or facilities, in, upon or along the right-of-way, the permittee shall maintain and keep them in good order and repair.

(15) Damaged structure or facility to be repaired. If a structure or facility becomes damaged, the permittee shall promptly have it removed, repaired or otherwise made safe. The permittee is responsible for repair or restoration of the portion of the highway damaged by a structure or facility. The permittee’s obligation to repair or restore the highway necessitated by a damaged structure or facility under this paragraph is separate from the obligations to restore the highway and obtain a bond relating to restoration and maintenance of the highway under § 459.5(b) (relating to issuance of permits). Compliance with paragraph (16) does not relieve the permittee of its obligations under this paragraph.

(16) Damage to highway. Responsibility of the permittee for restoration of the highway includes the following:

(i) If there is a failure of the highway, including a slope or other appurtenance thereto, in the area of the permitted work within 2 years after the acknowledged completion of the permitted work and there is no similar failure of the highway beyond the area of the permitted work, the permittee has absolute responsibility to make temporary and permanent restoration of this area unless the permittee delivers clear and convincing evidence to the district office demonstrating that the highway failure was caused by another person.

(ii) In situations where the permittee has the responsibility to restore the highway, including slope or another appurtenance thereto, under subparagraph (i), the permittee has the duty to restore the improved area in accordance with the permit. If the permittee fails to restore the improved area properly, the Department will have the authority to do the work at the expense of the permittee. The permittee shall reimburse the Department for the costs within 30 days after receipt of the Department’s invoice.

(iii) The obtaining of a bond, other security or an agreement described in § 459.5(b) to secure restoration costs does not relieve the permittee of the restoration obligations imposed by subparagraph (i) and (ii), nor does it relieve the permittee of its obligations under paragraphs (11) and (12). The obtaining of a bond, other security or an agreement will not act as a release of the permittee from liability under principles of tort law with respect to a failure of the highway in the permitted area occurring after the expiration of the bond, other security or agreement.

(17) Future highway changes. If in the future the highway is altered for public convenience or necessity, the permittee shall at its own cost and expense, change or relocate all or a part of the structures or facilities authorized by the permit which interfere with the highway alterations or which is inconsistent with the purpose of the highway alterations.

(18) Acknowledgment by inspector. Acknowledgment, by the inspector of the Department that all or part of the permitted work has been completed, does not constitute approval or acceptance of the work or agreement that the work was performed in accordance with the permit. Acknowledgment of completion by the inspector will not act as a release of the permittee or waiver by the Department of its right to seek performance or restitution from the permittee.

(19) Record examination. Upon request, permit records, restoration records and emergency work records shall be made available for examination by the Commonwealth and appropriate Federal agencies.

The provisions of this § 459.7 amended under sections 411, 420 and 702 of the State Highway Law (36 P. S. § § 670-411, 670-420 and 670-702).

The provisions of this § 459.7 adopted July 13, 1979, effective August 13, 1979, 9 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2779; amended January 20, 1989, effective March 22, 1989, 19 Pa.B. 241. Immediately preceding text appears at serial pages (63768) to (63774) and (91847).

Where a township did not aver that it was presently indemnifying the Department for the work of a private developer, or that it had sought a permit on behalf of a private developer, the events which might bring the parties into actual conflict were too tenuous to justify granting a declaratory judgment invalidating 67 Pa. Code § 459.7 since standing to protest is not shown. South Whitehall Township v. Department of Transportation, 475 A.2d 166 (Pa. Cmwlth. 1984).

This section cited in 67 Pa. Code § 459.1 (relating to definitions); 67 Pa. Code § 459.3 (relating to permit application procedure); 67 Pa. Code § 459.6 (relating to emergency work); 67 Pa. Code § 459.8 (relating to special conditions—subsurface operations); and 67 Pa. Code § 459.12 (relating to modification of conditions).

History

• Authority: The provisions of this Chapter 459 issued under section 411 of the State Highway Law (36 P.
• Source: The provisions of this Chapter 459 adopted July 13, 1979, effective August 13, 1979, 9 Pa.

67 Pa. Code § 459.8 Special conditions—subsurface operations.

(a) Drilling, boring, driving or tunneling across improved area. Drilling, boring, driving or tunneling across improved areas shall comply with the following conditions:

(1) When crossing under an improved area, the opening for a utility facility shall be drilled, bored, driven or tunneled a minimum depth of 3 feet from the surface to the top of the opening.

(i) If the facility or its casing is 30 inches or greater in diameter, the bored cylindrical space surrounding either an uncased facility or a facility casing shall be filled with grout, in a manner authorized by the district office.

(ii) Jet or other nonmechanical boring methods are prohibited. Water may be used under low pressure only to cool the drill bit and to facilitate removal of cuttings from the bore opening, if retrievable liquid is immediately removed from the boring pit.

(2) No openings for the purpose of placing utility facilities or other structures under the improved area by drilling, boring, driving or tunneling may be made closer than 3 feet to the edge of the shoulder, unless the permit authorizes a lesser clearance.

(3) A facility or other structure crossing under the improved area shall be constructed to assure the safety of the traveling public and to preclude the necessity of entering upon the improved area to effect future maintenance or replacement. The facilities shall comply with Design Manual, Part 5.

(b) Trenching across the improved area. Trenching across an improved area may be performed only when specifically authorized by the permit, in accordance with the following:

(1) The top of every utility facility shall be installed at least 3 feet beneath the surface.

(2) Trenching across the improved area may be authorized by the permit where drilling, boring, driving or tunneling are:

(i) Not feasible because:

(A) The subsurface is solid rock, as documented with satisfactory evidence such as drill records, or where boring was attempted without success.

(B) There are other facilities located longitudinally under the improved area and their location precludes methods other than trenching, as documented with a detailed plan.

(C) Adjacent development in a very congested urban area makes the construction of a tunneling or boring shaft impossible.

(ii) Not required because of one of the following:

(A) The highway is unpaved.

(B) The Department’s wearing course is older than 10 years, and the highway average daily traffic—ADT—does not exceed 500.

(3) When trenching is authorized by the permit, the trenching operation shall be performed by one of the following methods:

(i) Utility facility placed in one piece across highway.

(A) Traffic shall be routed over 1/2 of the pavement width.

(B) The closed half of the pavement shall be opened to the required depth and bridged with steel plates.

(C) Traffic shall be shifted to the bridged half of the pavement.

(D) The remaining half of the pavement shall be opened to the required depth.

(E) The facility shall be placed full width.

(F) The open trench shall be backfilled and restored half-width in accordance with this section.

(G) Traffic shall be shifted to the restored half of the pavement.

(H) The bridging shall be removed and the remaining half of the trench shall be backfilled and restored in accordance with this section.

(ii) Utility facility placed in more than one piece across highway.

(A) Traffic shall be routed over 1/2 of the pavement width.

(B) The closed half of the pavement shall be opened to the required depth, the facility placed and the trench backfilled and restored in accordance with this section.

(C) Traffic shall be shifted to the restored half of the pavement.

(D) The remaining half of the pavement shall be opened to the required depth, the facility placed and the trench backfilled and restored in accordance with the provisions of this section.

(4) The permittee shall protect its openings to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.

(5) The permit may authorize the placement at depths less than 3 feet of traffic signal detectors or other highway facilities which are not capable of operating more than 3 feet below the surface.

(c) Openings parallel to the highway. Requirements for openings parallel to the highway are as follows:

(1) A utility facility shall be placed outside the pavement and shoulder unless there is no feasible space outside the pavement and shoulder for placing the facility, in which case occupancy within the pavement or shoulder may be authorized by the permit.

(2) The top of a utility facility shall be installed at least 3 feet beneath the surface.

(3) On an unpaved highway, the near edge of the opening shall be at least 12 feet from the general center line of the traveled highway, or as authorized in paragraph (1).

(4) No opening may be made for more than 200 linear feet at one time, unless authorized by the permit.

(5) The permittee shall protect its openings to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.

(d) Daily stoppage of work requirements. Daily stoppage of work requirements include the following:

(1) Except for emergency repairs of utility facilities, work within the pavement or shoulder shall be stopped prior to peak traffic hours that may exist on a particular highway on a particular day and as specified in the permit.

(2) At the end of each workday, an opening in the right-of-way shall be one of the following:

(i) Covered with steel plates or bridging over openings which are less than 6 feet in either length or width. The plates or bridging shall be extended a minimum of 18 inches from each edge of the opening and shall be secured in a safe manner.

(ii) Backfilled under subsection (g) to the bottom elevation of the pavement or base course, or to the original surface elevation if outside the pavement and shoulder, and protected under Chapter 203 (relating to work zone traffic control) and an approved traffic control plan until the surface is restored to its former condition.

(iii) Protected under Chapter 203 and an approved traffic control plan, if the permittee has delivered certificates of insurance under § 459.7(12) (relating to general conditions).

(3) The permittee shall protect its openings to provide for the safety of the traveling public, including motorists, bicyclists and pedestrians.

(e) Plowing operations. Plowing operations shall comply with the following:

(1) No plowing will be permitted within the right-of-way, unless authorized by the permit.

(2) Plowing operations will not be authorized in the pavement or paved shoulders.

(3) Plowing operations in unpaved shoulders are not allowed from December through March inclusive or at other times when there is frost in the top 3 feet beneath the surface.

(4) No plowing is authorized within 3 feet from the edge of the pavement. A greater distance shall be attained wherever possible.

(5) The opening shall be a minimum depth of 3 feet. If this depth cannot be consistently maintained, the proper depth shall be achieved by trenching.

(6) The utility facility shall be installed under any structures that are less than 3 feet deep. Disturbed structures shall be repaired or replaced by the permittee.

(7) The disturbed area shall be restored in conjunction with the plowing operation. Heaved surfaces shall be scarified to a depth of at least 4 inches, extending at least 1 foot on either side of the heaved area for the entire length of the heaved area. The disturbed area shall then be graded, backfilled where necessary, and compacted until the disturbed area is restored to a condition at least equal to that which existed before plowing. Disturbed shoulders shall also be restored under subsection (j).

(f) Disposition of materials. The responsibility of the permittee for disposition of materials is as follows:

(1) The permittee shall keep the improved area free of material which may be deposited by vehicles traveling upon or entering onto the highway during the performance of work authorized by the permit.

(2) The permittee is responsible for controlling dust conditions created by its own operations.

(3) Excess material and material that is not suitable for backfill shall be promptly removed and properly disposed of outside the right-of-way as the work progresses.

(4) Other material shall be stored under § 203.9(b) (relating to general requirements), and so that there will be no interference with the flow of highway drainage.

(5) The permittee is not authorized to close a portion of the pavement or shoulder to traffic for the primary purpose of storing material. If the permittee stores material on the pavement or shoulder, the permittee thereby acknowledges its obligation and commitment to repair or reconstruct the pavement and shoulder, if damaged, to its former condition, in a manner authorized by the district office. Delivered material may not be stored overnight on the pavement.

(6) The district office may authorize the permittee to restore the pavement or shoulder from superficial surface damage with a seal coat or surface treatment.

(g) Backfilling. An opening shall be backfilled by the permittee in accordance with the following:

(1) The opening may first be backfilled with fine aggregate material, meeting the requirements of section 703.1 of Publication 408, or granular material to protect the facility, placed to a height not to exceed 1 foot over the top of the facility, if the material is compacted in not more than 4-inch loose layers or as authorized under Publication 408. To help protect its facility from future excavations, the permittee is encouraged to place a permanent ribbon colored under subsection (l) at least 1 foot above its facility. If the facility is nonmetallic, the permittee is also encouraged to place a metallic ribbon at a depth from which the ribbon can be sensed by typical metal locating instruments.

(2) The opening shall then be backfilled with select granular material, unless retained suitable material—as defined in § 459.1 (relating to definitions)—is authorized or other coarse aggregate material meeting the requirements of section 703.2 of Publication 408 is specified in the permit. Select granular material or other aggregate material will be required for use as backfill of openings in pavements, paved shoulders and improved (for example, oil and chip) shoulders as well as unimproved (for example, stabilized or earth surface) shoulders within 3 feet of the edge of pavement. Retained suitable material will normally be authorized for use as backfill of openings outside shoulders and in unimproved shoulders more than 3 feet outside the edge of pavement and up to within 3 feet of the surface.

(3) Backfill shall be compacted as follows:

(i) General rule. Except as provided in subparagraph (ii) backfill material shall be placed in loose layers not to exceed 8 inches if vibratory compaction equipment is used or as authorized under Publication 408. Each layer shall be thoroughly compacted to preclude subsidence, under section 601.3(e) of Publication 408.

(ii) Compaction outside pavement and shoulders. At least 15 days prior to the start of work, the applicant may submit its written compaction plan to the district office requesting backfill in an opening outside the pavement and shoulder to be placed in layers thicker than 8 inches prior to compaction. The compaction plan shall include full details on equipment, materials and work methods as well as the permittee’s acknowledgment of its obligation and committment to regularly monitor the restored surface until 2 years after the acknowledged completion of the permitted work and to promptly correct failure or subsidence of the highway. The district may condition its approval of a compaction plan on the execution of a bond under § 459.5(b) (relating to issuance of permits), if a part of the opening is within the improved area.

(iii) Existing pavement elevation. Compaction shall be completed to the bottom elevation of the existing pavement.

(4) The Department may require the permittee to have material proposed for use as backfill and compacted material tested, at the expense of the permittee, for conformance to the applicable gradation and compaction requirements of Publication 408.

(5) Openings made in the pavement or shoulder under § 459.6 (relating to emergency work) may be immediately backfilled with excavated material that is treated with a recognized chemical soil stabilizer at a minimum rate of 100 pounds stabilizer per cubic yard of backfill, if the stabilized backfill is compacted under paragraph (3).

(6) Test holes shall be backfilled, as soon as safely possible, with existing type material or other material authorized by the Department, and sealed under subsection (o). The district office may authorize test holes in the pavement or shoulder to be restored without a 1 foot cutback of the surrounding surface.

(h) Restoration of flexible base pavements. Base and surface restoration of flexible base pavements shall be performed under this subsection and as specified in the permit. Prior to replacement of the base course, 1 foot outside of each edge of the opening shall be sawed, in a neat straight line, to the top elevation of the existing aggregate subbase or stone base course, and the detached material shall be removed. Other surface opening methods such as cutting may be authorized if the methods result in the opened pavement having a neat straight vertical line. See subsection (k).

(1) Exposed vertical and horizontal surfaces shall be prepared under section 401.3(f) of Publication 408.

(2) The base course shall consist of bituminous concrete meeting the requirements of section 305 of Publication 408 or other base course material authorized by the district office. The base course material shall have a minimum depth of 5 inches or a depth equal to the existing base course, whichever is greater.

(3) If required, the binder course shall consist of ID-2 material meeting the requirements of section 421 of Publication 408. The binder course shall have a minimum depth of 2 inches or a depth equal to the existing binder course, whichever is greater.

(4) The wearing course shall consist of ID-2 material meeting the requirements of section 420 of Publication 408 or FJ-1 material meeting the requirements of section 422 of Publication 408. The wearing course shall have a minimum depth of 1-1/2 inch ID-2, or 1 inch FJ-1, or a depth equal to the existing wearing course, whichever is greater.

(i) Restoration of plain or reinforced cement concrete pavements. Base and surface restoration of plain or reinforced cement concrete pavements shall be performed under this subsection and as specified in the permit. Drilling is not permitted where sawing or cutting is required. See subsection (k).

(1) Prior to replacement of the pavement, 1 foot outside of each edge of the opening shall be sawed the full depth of pavement in a neat straight line. The detached material shall be removed without damaging the adjacent pavement. The use of a pavement breaker is prohibited. The permittee may partially saw cut the pavement to a depth of at least 3 inches and cut the remaining pavement with a jackhammer weighing no more than 90 pounds, if:

(i) The restored opening does not exceed 6 feet in either length or width.

(ii) The restored opening is at least 2 feet from a pavement edge or joint.

(iii) The highway average daily traffic—ADT—does not exceed 5,000.

(2) The replacement pavement shall consist of high early strength concrete equal in depth to the original concrete pavement or to a depth of 8 inches, whichever is greater.

(3) On existing reinforced cement concrete pavements that are opened for more than 6 feet in either length or width, reinforcing steel, expansion tie bolts and load transfer devices shall be placed in accordance with Roadway Construction Standard RC-26 (relating to concrete pavement maintenance).

(4) The permittee may be required to restore the structural integrity of a damaged cement concrete pavement by:

(i) Replacing the opened pavement transversely the full lane width.

(ii) Replacing the opened pavement longitudinally to a transverse joint or opening within 6 linear feet of the opening.

(5) The surface shall be restored as follows:

(i) After surface corrections have been completed and before the concrete becomes nonplastic, the surface shall be given a textured finish that matches the existing adjacent surface. The surface shall be cured under section 501.3(k) of Publication 408.

(ii) Restoration of the binder and wearing courses of a cement concrete pavement which has a bituminous surface shall be done under subsection (h).

(j) Shoulder restoration. Shoulder restoration shall be performed under this subsection and as specified in the permit. See subsection (k).

(1) Paved shoulders. Paved shoulders shall be reconstructed and restored to a serviceable condition, of the same type as existed before the start of work, under section 651, 653, 654, 656, 657 or 658 of Publication 408, and Roadway Construction Standard RC-25.

(2) Other shoulders. Other shoulders shall be restored as follows:

(i) The surface shall be restored with at least 2 inches of select granular material, or as authorized by the district office.

(ii) If the length of the open shoulder exceeds 100 linear feet, the shoulder shall be graded, rolled and—unless excused—penetrated with bituminous material specified in section 461 of Publication 408, at a minimum rate of .20 gallon per square yard and chipped or lightly sanded to prevent tracking of oil onto the pavement.

(3) Outside existing shoulder. If the disturbed area extends outside the existing shoulder, the disturbed area outside the restored shoulder shall be properly graded and a ditch line shall be constructed wherever necessary to maintain highway drainage.

(k) Temporary pavement restoration. Temporary restoration of a pavement or paved shoulder may be required by the district office prior to permanent restoration, under the following:

(1) The base shall consist of compacted select granular material with a surface of 2-inch bituminous material. If the existing pavement structure includes a course of subbase material, it shall be replaced to a depth equal to the existing course depth with material meeting the requirements of section 350.2 of Publication 408.

(2) Temporary pavement restoration shall be completed before traffic is allowed to travel on the disturbed area. The temporary pavement may be kept in place for up to 6 months or as specified in the permit, if it is properly maintained.

(3) The temporary pavement shall be removed and permanent restoration performed under subsection (h), (i) or (j).

(l) Paint identification. Upon completion of pavement or paved shoulder restoration, the restoration date shall be painted immediately adjacent to the restored cut but not in an area where tires normally contact the pavement. The painted date shall indicate the month and year numerically. The numerals shall be 6 to 9 inches in height. The paint shall be color coded as follows: blue (water), yellow (gas-petroleum), red (electric), orange (communications) and green (sewer). The paint shall be maintained for 2 years after the acknowledged completion of the permitted work. If the pavement or shoulder is being overlayed for more than 100 linear feet, the district office may, upon request, exempt the permittee from complying with this subsection.

(m) Appurtenances to underground installations. Requirements relating to appurtenances to underground installations shall include:

(1) The top of every manhole, valve box or other access to the facility shall be at the same elevation as the surface in which it is located.

(2) The surface surrounding manhole covers located in paved shoulders shall be paved with 4 inches bituminous concrete base course a distance of at least 1 foot around the structure to prevent washouts.

(3) A manhole, including those cast-in-place, shall be constructed in compliance with current industry standards and section 713.2(c) of Publication 408.

(n) Additional restoration. Additional restoration shall be required as follows:

(1) Disturbed portions of the highway, including, but not limited to, slopes and appurtenances and structures such as guide rails, curbs, signs, markings, drain pipes, driveways and vegetation, shall be restored by the permittee to a condition at least equal to that which existed before the start of work authorized by the permit, if the restoration is consistent with the ‘‘Roadway Construction Standards’’. Additional restoration may also be required, upon written notification, to restore the structural integrity of the pavement or shoulder.

(2) If the permittee opens pavement having a bituminous concrete surface and the Department’s wearing course is less than 5 years old, the permittee shall, in addition to the restoration conditions outlined in the permit and in this section, overlay the pavement in accordance with the following conditions:

(i) When a longitudinal opening longer than 100 linear feet has been made in the pavement, the permittee shall overlay the traffic lanes in which the opening was made, for the entire length of highway that was opened, in a manner authorized by the Department.

(ii) When two or more transverse openings have been made within 100 linear feet of pavement, the permittee shall overlay traffic lanes in which the openings were made, for the entire length of highway between the openings, in a manner authorized by the Department.

(iii) When 4 or more emergency openings have been made by the same permittee within 100 linear feet of pavement, the permittee shall overlay traffic lanes in which the openings were made, for the entire length of highway between the openings, in a manner authorized by the Department.

(iv) If disturbed lanes adjacent to undisturbed lanes are overlayed, the edge of the disturbed lane shall be saw cut or milled to a depth of 1-1/2 inch or the depth of the existing surface course, whichever is less, for the length of the opening to insure a smooth joint, with proper elevation and cross section. A full width overlay may be authorized on various highways instead of saw cutting or milling the disturbed lane.

(v) If disturbed lanes adjacent to shoulders are overlayed, the shoulder shall be raised, with material and in a manner authorized by the Department for the type of existing shoulder, so that the overlaid pavement and shoulder edges are at the same elevation.

(3) Regardless of the age of the wearing course:

(i) If more than 100 linear feet of longitudinal or transverse openings, or both, are made in the pavement, the Department may require the permittee to overlay traffic lanes in which the openings were made, for the entire length of highway that was opened, if the district office determines that the rideability or structural integrity of the pavement has been impaired by the openings.

(ii) If four or more openings are made by the same permittee within 100 linear feet of pavement, the district office may require the permittee to restore the entire disturbed pavement between the openings by milling, planing or other authorized method and overlaying the entire disturbed pavement.

(4) Aggregate used in a bituminous overlay wearing course shall comply with skid resistance level (SRL) criteria specified in Design Manual, Part 2, Chapter 11.

(5) If an opening is made in a bituminous concrete pavement within 3 feet from the edge of pavement or other longitudinal joint or opening, the surface restoration shall be extended to the edge of pavement or other longitudinal joint or opening.

(6) At each end of an overlay, the permittee shall install a paving notch, under Roadway Construction Standard RC-28, by milling, planing or other authorized method and provide a minimum 10-foot transition.

(7) The transition areas at each end of an overlay shall follow the contour of the surrounding surface.

(8) When pavement markings on more than 100 linear feet of highway are covered or destroyed by the permitted work, including overlays, they shall be replaced with temporary pavement markings, under § 203.72 (relating to temporary pavement markings) before opening the disturbed pavement to traffic. When the pavement surface is restored, pavement markings that were covered or destroyed shall be replaced in their former location.

(o) Sealing. Restored openings in the pavement or paved shoulder shall be sealed under section 401.3(j)(3) of Publication 408 in the case of bituminous concrete or section 501.3(n) of Publication 408 in the case of cement concrete.

The provisions of this § 459.8 amended under sections 411, 420 and 702 of the State Highway Law (36 P. S. § § 670-411, 670-420 and 670-702).

The provisions of this § 459.8 adopted July 13, 1979, effective August 13, 1979, 9 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2779; amended January 20, 1989, effective March 22, 1989, 19 Pa.B. 241. Immediately preceding text appears at serial pages (91848) and (63777) to (63782).

This section cited in 67 Pa. Code § 459.1 (relating to definitions); 67 Pa. Code § 459.6 (relating to emergency work); and 67 Pa. Code § 459.7 (relating to general conditions).

History

• Authority: The provisions of this Chapter 459 issued under section 411 of the State Highway Law (36 P.
• Source: The provisions of this Chapter 459 adopted July 13, 1979, effective August 13, 1979, 9 Pa.

67 Pa. Code § 459.9 Special conditions, aboveground facilities.

(a) General rule. A permit will not be issued to install aboveground facilities at a location which the Department determines to have a high accident potential.

(b) Location of aboveground facilities. The location of an aboveground facility shall be:

(1) Within nonlimited access right-of-way.

(i) New poles and other aboveground facilities shall be installed outside the highway clear zone as near the right-of-way line as practicable, under the permit and applicable provisions of Design Manual, Parts 2 and 5.

(ii) Replacement of poles and other aboveground facilities shall comply with the permit and applicable provisions of Design Manual, Part 5.

(iii) Installation of poles and other aboveground facilities in locations where highway guide rail or curb exists shall comply with the permit and applicable provisions of Design Manual, Parts 2 and 5.

(2) Installation of poles, guys and other aboveground facilities within limited access right-of-way shall comply with applicable provisions of the Federal Highway Program Manual—Volume 6, Chapter 6, section 3; the A.A.S.H.T.O. ‘‘Policy on the Accommodation of Utilities on Freeways’’; and Design Manual, Part 5.

(c) Location of wires, cables or conductors. A wire, cable or conductor which overhangs a portion of the right-of-way shall be placed to provide a minimum vertical clearance of 18 feet over the pavement and shoulder, except where the National Electrical Safety Code requires vertical clearances in excess of 18 feet due to voltage or span lengths.

(d) Guys. A guy shall be placed and insulated in the following manner:

(1) A guy shall be placed to avoid interference with vehicular or pedestrian traffic.

(2) A guy shall be insulated or grounded in compliance with the National Electrical Safety Code.

(e) Identification of poles. A pole shall bear the name or initials of the facility owner and the pole numbers assigned by the facility owner.

(f) Seismograph—vibroseis method. Seismograph—vibroseis method shall comply with the following:

(1) Seismograph operations by other than the vibroseis method will not be permitted.

(2) A permit will not be issued to authorize seismograph operations within limited access highway right-of-way.

(3) Wherever possible, seismograph operations shall be performed entirely off the pavement and shoulder to lessen interference to traffic.

(g) Modular concrete replacement units, metal reinforcing collars and similar devices.

(1) Modular concrete replacement units, metal reinforcing collars and similar devices may not be placed in State highway right-of-way unless located:

(i) Thirty feet or more beyond the edge of pavement under Design Manual, Part 2, Chapter 12.

(ii) At the top of a slope (2:1 or greater) or at least 8 feet beyond the toe of the slope.

(iii) Beyond parallel drainage ditches.

(iv) Beyond the specified deflection distance for the type guide rail in front of the location, under Design Manual, Part 2.

(2) No permit will be issued for the placement of a new facility, or for the repair, modification, reinforcement or replacement of an existing facility, by modular concrete replacement units, metal reinforcing collars or similar devices unless the facility is located in compliance with paragraph (1).

The provisions of this § 459.9 amended under sections 411, 420 and 702 of the State Highway Law (36 P. S. § § 670-411, 670-420 and 670-702).

The provisions of this § 459.9 adopted July 13, 1979, effective August 13, 1979, 9 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2779; amended January 20, 1989, effective March 22, 1989, 19 Pa.B. 241. Immediately preceding text appears at serial pages (63782) and (113653).

This section cited in 67 Pa. Code § 459.6 (relating to emergency work); and 67 Pa. Code § 459.7 (relating to general conditions).

History

• Authority: The provisions of this Chapter 459 issued under section 411 of the State Highway Law (36 P.
• Source: The provisions of this Chapter 459 adopted July 13, 1979, effective August 13, 1979, 9 Pa.

67 Pa. Code § 459.10a Bridge occupancy.

(a) License required. No person may attach a utility facility to a State bridge or modify an existing facility until the owner of the utility facility has obtained a license (Form M-906L) from the Department under this chapter.

(b) Application procedure.

(1) General. A separate bridge license application (Form M-906A) shall be completed and signed by the facility owner and submitted to the district office bridge engineer for each utility facility and for each bridge. An application from a facility owner not in the business of providing utility service shall identify how the public will benefit from the occupancy and shall furnish other information as may be required by § 459.3(b)(2) (relating to permit application procedure). License applications shall be submitted at least 60 days prior to the anticipated start of work.

(2) Plans. Plan requirements are as follows:

(i) Bridge license application. Three sets of plans shall accompany the bridge license application. A fourth set of plans is required when a part of the work involves Interstate highway right-of-way. The plans shall have a horizontal scale of 1 inch equal to no more than 20 feet, and shall clearly illustrate the location and pertinent dimensions of both the proposed installation and related highway and bridge features. The plans shall also show the installation in plan and elevation, unless excused, with a cross section and enlarged details of the installation showing appurtenances, such as brackets, inserts, supports, couplings, encasements, hangers, sleeves, insulators, fabricated structural steel—if required, crossarms and poles. The details shall be complete throughout the entirety of the structure including treatment at the diaphragms and abutments.

(ii) Traffic control plans.

(A) Three sets of traffic control plans shall be submitted in the following situations:

(I) For work on limited access highways.

(II) Whenever it will be necessary to close a portion of a travel lane during hours of darkness without work in active progress.

(III) Whenever it will be necessary to completely close a highway to perform the permitted work.

(B) The district office may require an applicant to submit a traffic control plan under other special circumstances.

(C) Traffic control plans shall comply with 75 Pa.C.S. § 6123 (relating to erection of traffic-control devices while working) and the applicable provisions of Chapter 203 (relating to work zone traffic control).

(D) Traffic control plans shall clearly indicate how the work area and vehicular and pedestrian traffic will be protected, maintained and controlled.

(3) License fees. A check or money order, payable to the Department, shall accompany a bridge license application in the appropriate amount under this paragraph.

(i) Issuance fee—$80.

(ii) Inspection fee—$20.

(iii) Accommodation fee (each 1,000 pounds or fraction thereof)—$50.

(iv) Annual rental fee (each 1,000 pounds or fraction thereof)—$10.

(v) Accommodation and annual rental fee weights shall be calculated to include the ultimate weight of the utility facility and contents—running full—as well as appurtenances, including the weight of 1/2 inch of ice or sleet on listed items exposed to the elements on any part of the bridge or structure.

(vi) License fees will not be assessed against the following entities:

(A) The Federal government.

(B) The Commonwealth.

(C) Political subdivisions of this Commonwealth.

(D) Utilities ordered by the Pennsylvania Public Utility Commission to occupy a bridge over which the Pennsylvania Public Utility Commission has taken jurisdiction.

(E) Governmental authorities, except that annual rental fees specified in subparagraph (iv) shall be assessed.

(vii) The annual rental fee is payable upon receipt of an invoice from the Department.

(c) Issuance of license.

(1) Upon approval of an application made under this chapter, a license will be issued by the Department, subject to this chapter and the conditions contained on the license and its attachments. The license shall be the applicant’s authority to proceed with the work specified in the license. A copy of the license, application and authorized plans shall be available for inspection at the work site.

(2) A license shall be issued only to the owner of the utility facility. A license will not be issued to a contractor nor to persons only being serviced by the facility.

(3) The license shall be maintained by the licensee as a permanent record. A license shall be valid until revoked by the Department or until the Department ceases to be responsible for the bridge for which the license is granted or until the bridge is reconstructed or relocated, at which time a new license application may be submitted to the district office.

(d) License conditions. The provisions of this chapter governing permits and permittees, except those that are not technically feasible, are incorporated herein by substituting license and licensee for permit and permittee, respectively. The following conditions apply in addition:

(1) The license authorizes only those facilities specifically designated on the license.

(2) Work authorized by the license is subject to laws or regulations which give jurisdiction to the Army Corps of Engineers, Pennsylvania Public Utility Commission, or other Federal, State or local authority having jurisdiction over any aspect of the location, construction or maintenance of the licensee’s facility. The licensee is responsible for complying with Department of Environmental Resources license requirements under 25 Pa. Code Chapter 105 (relating to dam safety and waterway management).

(3) The licensed work shall be done at a time and in a manner consistent with the safety of the public and conform to requirements and standards of the Department, including, but not limited to, Publication 408 and acceptable practices of the industry not inconsistent therewith.

(4) The licensee shall pay fees, costs and expenses incident to or arising from the project, including the cost of related highway or bridge improvements which the license work may necessitate.

(5) No license application will be approved for occupancy of a section of right-of-way within which a highway or bridge construction project is underway, or if a contract for the project has been let, until the project is completed and accepted by the Department, unless the applications are accompanied by an attested certificate signed by the contractor or other authority constructing the project, consenting to the applicant’s proposed work within the right-of-way, together with a waiver, release and quitclaim to the Department of damages and defenses for delays by reason of the work and occupation of the right-of-way by the licensee, or from a cause resulting by reason of the work and occupation. This paragraph does not apply:

(i) To an emergency. In an emergency, the licensee shall obtain the consent of the Department to do work necessary to correct the existing emergency condition.

(ii) If the licensee has been authorized by the Department to relocate or adjust its facilities simultaneously with the highway or bridge construction, under Design Manual, Part 5.

(6) If the bridge is reconstructed or relocated, the privilege granted in this subsection ceases and the licensee shall bear the expense of reconstruction as will be necessary if the privilege is to be continued for the benefit and at the request of the licensee.

(7) The licensee shall notify the district office at least 1 week prior to the start of work and notify the district maintenance office at least 1 week in advance of maintenance work.

(8) Upon notification that the Department has scheduled maintenance painting of a bridge, the licensee shall, unless excused, have its attached facilities promptly painted in accordance with specifications furnished by the district office or enter into an agreement with the Department’s contractor for the painting of its facilities.

(9) If in the future the licensee desires to change, alter or remove a structure or property belonging to it from the bridge or highway, it may do so upon approval of an amended application, if disturbed parts of the bridge or highway are restored at the expense of the licensee, as directed by the district office.

(10) If the rent remains unpaid on a day when it is due, including default on a check submitted in payment of rent and after 15 days’ notice of default:

(i) A prothonotary or an attorney of a court of record is empowered to appear for the licensee in actions which may be brought for rent or to sign for the licensee an agreement for entering in a competent court an amicable action for the recovery of rent or other charges or expenses; and in the suit or in the amicable action, to confess judgment against the licensee for all or a part of the rents specified in this license, and then unpaid, and for interests and costs, together with attorney’s commission of 10%. The authority will not be exhausted by one exercise thereof, but judgment may be confessed from time to time as often as rent is in arrears.

(ii) The Department may revoke and annul the license and order and direct the licensee to remove structures, equipment or property belonging to the licensee or its contractors from the bridge or legal limits of the right-of-way and to restore the right-of-way to its former condition. If the licensee fails to remove the structure, equipment or property after notice from the Department to do so, the Department or an attorney of a court of record is authorized to appear for the licensee, and to enter an amicable action of ejectment and confess judgment against the licensee. The attorney is authorized to issue a writ of possession without leave of court, at the cost of the licensee.

(11) Facility occupancy of State bridges shall comply with applicable provisions of Design Manual, Part 5.

The provisions of this § 459.10a issued under sections 411, 420 and 702 of the State Highway Law (36 P. S. § § 670-411, 670-420 and 670-702).

The provisions of this § 459.10a adopted January 20, 1989, effective March 22, 1989, 19 Pa.B. 241.

History

• Authority: The provisions of this Chapter 459 issued under section 411 of the State Highway Law (36 P.
• Source: The provisions of this Chapter 459 adopted July 13, 1979, effective August 13, 1979, 9 Pa.

67 Pa. Code § 459.11 Penalties and enforcement.

(a) General rule. Violation of this chapter or the permit requirements constitutes grounds for imposition of the following penalties:

(1) Upon receipt of oral or written notice of violations from the authorized representative of the Department or a police officer whose jurisdiction includes the permitted work area, the permittee shall cease to perform any further work in the permitted area except to restore the area to a safe condition. No further work may commence in the permitted area until the violations have been remedied. Where the permittee has received oral notice of the violations, written notice shall be sent to the permittee within 10 days of receipt of the oral notice.

(2) Confiscation of the applicant’s permit or emergency permit card by any police officer or authorized representative of the Department.

(3) Revocation of the applicant’s permit or emergency permit card by the Department.

(4) Removal of facilities installed without a permit or in violation of the provisions of this chapter.

(5) Fines, imprisonment or other penalties as are provided by statute.

(6) Other action as may be deemed necessary or proper after consultation with the Office of Chief Counsel.

(7) Other conditions which may be specified on a Departmental Citation.

(b) Additional grounds for revocation. Additional grounds for revocation shall be as follows:

(1) The Department may revoke a permit whenever it determines that the permitted facility is not being maintained, is in violation of a condition of the permit or this chapter, constitutes a hazard to traffic or interferes with the proper use of the highway by the Department or the public.

(2) The Department may revoke a permit for nonpayment of a fee authorized in § 459.4 (relating to permit fees) including default of a check submitted for payment.

(c) Revocation procedure. Prior to revocation of a permit, except for nonpayment as specified in subsection (b)(2), the permittee shall be given an opportunity for a hearing under 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Adinistrative Agency Law).

The provisions of this § 459.12 amended under sections 411, 420 and 702 of the State Highway Law (36 P. S. § § 670-411, 670-420 and 670-702).

The provisions of this § 459.11 adopted July 13, 1979, effective August 13, 1979, 9 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2779; amended January 20, 1989, effective March 22, 1989, 19 Pa.B. 241. Immediately preceding text appears at serial page (113654).

History

• Authority: The provisions of this Chapter 459 issued under section 411 of the State Highway Law (36 P.
• Source: The provisions of this Chapter 459 adopted July 13, 1979, effective August 13, 1979, 9 Pa.

67 Pa. Code § 459.12 Modification of conditions.

(a) General rule. When a term or condition of this chapter cannot be met, an applicant may request, in writing, that the district office modify that term or condition if it is not required by law, under the following:

(1) The applicant has done all that can reasonably be done to comply with the term or condition.

(2) The proposed modification satisfies the intent of the term or condition to be modified.

(3) The proposed modification represents the minimum feasible deviation from the term or condition to be modified.

(4) The reason for the requested modification is infeasibility of meeting the exact terms or conditions of this chapter rather than mere economic benefit to the applicant.

(b) Modification granted. If a requested modification is granted, the permit will specify the allowable modification. A permit issued under authority of this section shall be signed only by the district engineer or higher Departmental authority. The granting of a modification will be predicated on the applicant’s complying with the following:

(1) Unless the applicant is excused in writing, executing a hold harmless and indemnity agreement acceptable to the Department, under § 459.7(11) (relating to general conditions).

(2) Unless the applicant is excused in writing, obtaining bonds satisfactory to the Department to guarantee highway restoration and maintenance costs, under § 459.7(16).

(3) Unless the applicant is excused in writing, obtaining public liability insurance for personal injury and property damage on behalf of the Department, its officers, agents and employes, in a form and amount acceptable to the Department, for the life of the facility.

(4) Permit conditions, which may include use restrictions, special traffic control devices or safety features.

(c) Restrictions. A municipality authorized to issue permits for the Department may not modify a term or condition of this chapter without obtaining written authorization from the district engineer. If the modification is granted by the district engineer, the municipality shall require the applicant to provide security or satisfy other conditions required by the district engineer. The municipality shall indemnify and hold harmless the Department for negligence by the municipality in issuing the permit.

(d) Third parties. The modification of a term or condition by the district engineer does not create rights in a third party, nor does a waiver act as a modification of the common law duty of the applicant to relocate its facilities upon demand by the Department to another location within the right-of-way at the sole cost of the applicant.

The provisions of this § 459.12 issued under sections 411, 420 and 702 of the State Highway Law (36 P. S. § § 670-411, 670-420 and 670-702).

The provisions of this § 459.12 adopted January 20, 1989, effective March 22, 1989, 19 Pa.B. 241.

History

• Authority: The provisions of this Chapter 459 issued under section 411 of the State Highway Law (36 P.
• Source: The provisions of this Chapter 459 adopted July 13, 1979, effective August 13, 1979, 9 Pa.

Chapter 471 Airport Rating and Licensing

67 Pa. Code § 471.1 Purpose.

(a) This chapter sets forth criteria for the rating and licnesing of airports and applies to the Bureau and airport owners throughout this Commonwealth.

(b) The Bureau has promulgated and will enforce this chapter as necessary for the promotion of aviation, airports and air safety within this Commonwealth. This chapter shall be consistent with, and conform to the Federal statutes and regulations governing aeronautics. The Department may revoke or suspend an airport license upon proof of any violation of law or regulation relating to aviation.

The provisions of this § 471.1 adopted October 1, 1968, effective October 1, 1968; amended October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3981; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial page (226959).

History

• Authority: The provisions of this Chapter 471 issued under 74 Pa.
• Source: The provisions of this Chapter 471 adopted October 1, 1968, effective October 1, 1968, unless otherwise noted.

67 Pa. Code § 471.2 Definitions.

In addition to the words and terms defined in section 5102 of the code (relating to definitions), the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Aviation restricted account—The account into which revenues, generated from the sources in section 5103(b) of the code (relating to aviation restricted account), are deposited. Based aircraft—An aircraft stored at a specific airport or heliport for more than 30 days. Bureau—The Bureau of Aviation of the Department. Code—74 Pa.C.S. § § 5101—6169 (relating to the Aviation Code). Department—The Department of Transportation of the Commonwealth. Director—The Director of the Bureau. FAA—The Federal Aviation Administration. Grant—An agreement and its accompanying assurances between the Department and a sponsor to provide funding assistance. Landing area—An area used or intended to be used, for the landing and taking off of aircraft. NOTAM—Notice to airmen. Operation—An aircraft take-off or landing. Person—

(i) A corporation, company, association, society, firm, partnership or joint stock company.

(ii) The term includes an individual, the Commonwealth and all political subdivisions of the Commonwealth or agencies or instrumentalities. Primary surface—The area on the ground centered on a runway, provided to enhance the safety of aircraft operations by having the area free of objects, except for objects that need to be located in the primary surface for air navigation or aircraft ground maneuvering purposes. Private heliport—A heliport which is privately owned and which is not open or intended to be open to the public. Project—A compilation of all tasks or activities associated with an approved grant on behalf of an eligible sponsor qualified to receive grant assistance. Public heliport—A heliport, which is either publicly or privately owned, and which is open to the public. Regional Project Management Team—Bureau staff assigned responsibility for each step of the project completion process. Sponsor—A person applying for, or having received, an aviation development grant for a public airport. The following are different types of sponsors eligible for funds:

(i) Planning agency. An agency designated by the Bureau that is authorized by the laws of the State or political subdivisions concerned to engage in area wide planning for the areas in which the grant assistance is to be used. Typical planning agencies include planning offices, aeronautics commissions and departments of transportation.

(ii) Public agencies owning airports. A State, municipality, county, airport authority or other political subdivision, or a tax supported organization or an Indian tribe or pueblo.

(iii) Public agencies not owning airports. A public agency as defined in subparagraph (i) that does not own an airport seeking master planning grants for new airports, acquisition of existing airports and noise program implementing projects which are included in a noise compatibility program prepared by a local airport sponsor and not disapproved by the FAA.

(iv) Privately owned public use airport owner. An individual, partnership, corporation, or other legal entity that owns a public use airport. Visual runway—A runway that is constructed for and intended solely for the operation of aircraft using only visual approach procedures. Waiver Advisory Board—A board established under the Bureau’s Waiver Process described in the current Bureau Waiver Policy. The Board will be composed of individuals as described in § 471.3(d)(1)(v)(B) (relating to airport licensing) appointed by the Secretary of the Department and will include representation from the Aviation Council of Pennsylvania.

The provisions of this § 471.2 adopted October 1, 1968, effective October 1, 1968; amended October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3981; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial pages (226960) and (289751).

Personal Use Airfield

An airfield located on personal property and used only by the landowner for private, personal use, is not excluded from the definition of ‘‘airport.’’ Commonwealth v. Beam, 788 A.2d 357 (Pa. 2002).

This section cited in 25 Pa. Code § 271.1 (relating to definitions); 25 Pa. Code § 287.1 (relating to definitions); 67 Pa. Code § 473.2 (relating to definitions); 67 Pa. Code § 477.2 (relating to definitions); and 67 Pa. Code § 479.2 (relating to definitions).

History

• Authority: The provisions of this Chapter 471 issued under 74 Pa.
• Source: The provisions of this Chapter 471 adopted October 1, 1968, effective October 1, 1968, unless otherwise noted.

67 Pa. Code § 471.3 Airport licensing.

(a) Authority. A person may not establish, maintain or operate an airport, or permit flight operations at an airport, unless authorized by the Bureau. This does not apply to an airport approved or maintained by the government of the United States, or to infrequent operations by helicopters or aircraft with characteristics permitting operation from sites not specially prepared therefore.

(b) Written authority required. Authority to establish, maintain or operate an airport will be provided in writing by the Bureau and will indicate whether the airport is public use, private use or otherwise restricted. An airport will be licensed by the ratings under § § 471.5 and 471.6 (relating to airport rating—excluding heliports; and heliport rating).

(1) Commercial operations (operation of aircraft for compensation or hire, including flight instruction, aircraft maintenance, sale of aircraft, parts and fuel) shall be limited to public use airfields, or private airports that meet or exceed criteria established for private group airports. (See Appendix A, Criteria E.)

(2) Private airport and private group operators are prohibited from selling fuel to the general public, and from performing flight instruction to the general public.

(c) Temporary licenses. A temporary license, public or private, may be issued by the Bureau for temporary operations or special occasions. An inspection fee of $25 will be charged for a temporary license.

(d) Waiver. The Bureau may issue a waiver for conditions not in compliance with criteria listed in Appendix A if control measures are put in place or if those conditions are deemed to not cause undue hazard to persons or property. Waivers may be temporary or permanent, depending on the situation and circumstances. Any conditions having a current waiver in force will be deemed to be in conditional compliance with this chapter.

(1) Waiver of criteria or requirements in this chapter will be in accordance with the following procedures.

(i) Requests for waivers must be in writing.

(ii) A sponsor shall request a waiver using forms and instructions provided by the Bureau, and available on the Department web site.

(iii) A separate request shall be submitted for each item for which waiver is requested, and the request for waiver will be posted on the Department web site.

(iv) Bureau staff will review each request and provide recommendation within 30 calendar days of receipt.

(v) Upon a Bureau staff recommendation of denial, the request will be forwarded to the Waiver Advisory Board (Advisory Board).

(A) The Advisory Board shall consist of five members appointed by the Secretary of the Department.

(B) Each Advisory Board member shall be either a certificated pilot, an accredited airport executive, a licensed professional engineer with experience in airport planning and design, or otherwise be an individual with a substantial aviation background.

(vi) The Advisory Board will review and analyze the waiver request and, within 75 calendar days of receipt of the request by the Advisory Board, provide a recommendation for disposition to the Bureau Director.

(vii) A denial of a waiver is subject to appeal under the appeal process described in § 471.9 (relating to appeal).

(2) The Bureau will also post the waiver procedures in this section on the Department web site.

(3) A nonexhaustive list of conditions for which the Bureau may grant a waiver is included in Appendix B.

(4) Waiver of criteria or requirements may not be inconsistent with the intent of this chapter.

(5) This chapter provides no authority for the Department to grant any waiver of local zoning or other municipal requirements.

(e) Change of ownership. A change of airport ownership requires a new license through the Bureau’s licensing process. Upon the change of ownership or status of an airport, a new license which includes prior waivers of nonstandard conditions, modifications of FAA standards, or determinations of no hazard, as applicable, will be issued provided that a review by the Bureau verifies that conditions at the airport have not significantly changed since the time the previous license and waivers were issued.

(f) Existing airport. An airport presently in existence and licensed under preexisting statutes and regulations is considered authorized.

(1) The Bureau may require an existing airport to correct or modify conditions which have arisen or significantly changed since the time any previous license or waiver was issued if they pose a significant threat to aviation safety.

(2) Determination that a condition poses a significant hazard to aviation safety will be based upon staff analysis by the Bureau after consultation with the Advisory Board.

(g) Suspension or revocation of license. The Bureau may revoke or suspend an airport license for reasonable cause, such as, but not limited to, failure to correct airport deficiencies, failure to cease unauthorized activities, or any violation of this chapter. See § 471.8 (relating to suspension, penalties and revocations).

(h) Zoning. Issuance of an airport license does not preempt requirements of local zoning authorities.

The provisions of this § 471.3 adopted October 1, 1968, effective October 1, 1968; amended October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3981; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial pages (289751) to (289752).

Personal Use Airfield

An airfield located on personal property and used only by the landowner for private, personal use, is not excluded from the definition of ‘‘airport.’’ Commonwealth v. Beam, 788 A.2d 357 (Pa. 2002).

Special Exception

The Zoning Hearing Board erred in granting a Fire Company’s request for a special exception conditioned upon future compliance with licensing requirements; the language of § 471.3(a), (h) and the Zoning Code of East Norriton Township, Pa. § 205-144 unequivocally and unambiguously require that licensure be a condition precedent to any action by the Board on an applicatioin for a special exception to construct and operate a heliport. Maher v. East Norriton Township Zoning Hearing Board, 764 A.2d 98 (Pa. Cmwlth. 2000).

This section cited in 67 Pa. Code § 471.2 (relating to definitions); and 67 Pa. Code § 471.4 (relating to licensing fees (private airports only)).

History

• Authority: The provisions of this Chapter 471 issued under 74 Pa.
• Source: The provisions of this Chapter 471 adopted October 1, 1968, effective October 1, 1968, unless otherwise noted.

67 Pa. Code § 471.4 Licensing fees (private airports only).

(a) A licensing fee shall be paid to the Department in form of a check, money order or bank draft, payable to ‘‘Pennsylvania Department of Transportation.’’ The Bureau will notify private airport licensees at the time of license renewal of the appropriate licensing fee and procedure for license renewal.

(b) Licensing and inspection fees shall be as follows:

(1) The fee of $50 for both an initial site inspection and a final inspection will be paid at the time of the initial application for airport license. Subsequent inspections required to receive a license will be subject to an additional $50 fee.

(2) A written request and fee of $25 are required for any additional inspections.

(3) A licensing fee of $25 per year is payable in 3-year intervals ($75 for a 3-year renewal).

(4) Temporary licenses, as required under § 471.3(c) (relating to airport licensing), require an inspection fee.

The provisions of this § 471.4 adopted October 1, 1968, effective October 1, 1968; amended October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3981; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial page (289752).

History

• Authority: The provisions of this Chapter 471 issued under 74 Pa.
• Source: The provisions of this Chapter 471 adopted October 1, 1968, effective October 1, 1968, unless otherwise noted.

67 Pa. Code § 471.5 Airport rating—excluding heliports.

(a) The following are rating categories to be used by the Bureau for the issuance of an airport license:

(1) Public airport.

(i) Scheduled service/general aviation. An airport accommodating regularly scheduled air carrier or commuter service or general aviation operations, or both.

(ii) Basic utility. An airport with a visual runway, turf or paved, serving aircraft less than 12,500 pounds max gross weight, without beacon or runway edge lights, authorized for visual flight rules (VFR) use only and not intended for night time operations.

(iii) Sport and ultralight. A landing area for the use of sport or ultralight aircraft, or both, as those terms are defined by applicable Federal Aviation Regulations (FARs).

(iv) Seaplane base. An area of water used as a landing area.

(2) Private airport.

(i) Individual. A private airport used exclusively by the licensee.

(ii) Group. A private airport used exclusively by a partnership, organization or corporation which is restricted to members of that entity.

(iii) Sport and ultralight. A landing area for the use of sport or ultralight aircraft, or both as those terms are defined by applicable FARs.

(iv) Seaplane. An area of water used as a landing area.

(b) Use of landing areas by another aircraft.

(1) Aircraft operators are authorized to land at public airports within the capabilities of the pilot-in-command and the aircraft. Pertinent information regarding public airports is located in the FAA Airport Facilities Directory and also updated and disseminated by a NOTAM.

(2) For private airports, aircraft operators shall receive authorization from the airport owner prior to operating to or from the airport. A private airport owner/licensee may invite an aircraft operator to use his landing area if the owner has thoroughly briefed the invitee on the takeoff and landing data and any peculiarities of the landing area. The invitee’s aircraft expected performance values and operational requirements may not exceed the capabilities or dimensions of the landing area.

The provisions of this § 471.5 adopted October 1, 1968, effective October 1, 1968; amended October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3981; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial pages (289752) to (289753).

Personal Use Airfield

An airfield located on personal property and used only by the landowner for private, personal use, is not excluded from the definition of ‘‘airport.’’ Commonwealth v. Beam, 788 A.2d 357 (Pa. 2002).

This section cited in 67 Pa. Code § 471.3 (relating to airport licensing).

History

• Authority: The provisions of this Chapter 471 issued under 74 Pa.
• Source: The provisions of this Chapter 471 adopted October 1, 1968, effective October 1, 1968, unless otherwise noted.

67 Pa. Code § 471.6 Heliport rating.

(a) Rating categories. The following represents the rating categories to be used by the Bureau for the issuance of heliport licenses:

(1) Public heliport. A heliport consisting of a landing area that is open to the public.

(2) Private heliport. A heliport not intended for public use (includes hospital heliports, corporate and privately owned heliports).

(b) Use of landing area/heliport by another aircraft.

(1) Aircraft operators are authorized to land at public heliports within the capabilities of the pilot-in-command and their aircraft. Pertinent information regarding public heliports is located in the FAA Airport Facilities Directory and also update and disseminated by a NOTAM.

(2) For private heliports, aircraft operators shall receive authorization from the heliport owner prior to operating to or from the heliport. A private heliport owner/licensee may invite an aircraft operator to use his landing area if the owner has thoroughly briefed the invitee on the takeoff and landing data and any peculiarities of the landing area. The invitee’s aircraft expected performance values and operational requirements shall not exceed the capabilities or dimensions of the landing area.

The provisions of this § 471.6 adopted October 1, 1968, effective October 1, 1968; amended October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3981; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial pages (289753) to (289754).

This section cited in 67 Pa. Code § 471.3 (relating to airport licensing).

History

• Authority: The provisions of this Chapter 471 issued under 74 Pa.
• Source: The provisions of this Chapter 471 adopted October 1, 1968, effective October 1, 1968, unless otherwise noted.

67 Pa. Code § 471.7 Licensing criteria and requirements.

(a) Criteria for licensing of airports and heliports are described in Appendix A.

(b) The following are applicable to airports and heliports which have obtained a license:

(1) An owner or operator of an airport shall operate and maintain the airport safely and shall conform to existing statutes and this chapter, or as modified by existing waiver.

(2) An owner or operator of an airport shall give prompt written notice to the Bureau, using Bureau Form AV-19, of a proposed physical change in the airport that is likely to affect its safety or conformity with the criteria under which the airport was licensed by the Bureau.

(3) An owner or operator of an airport licensed by the Bureau shall immediately report altered, unsafe or hazardous conditions of a nontemporary nature (in excess of 72 hours) to the Bureau. Public airport owners shall also file a NOTAM with the FAA. Upon elimination of the condition, a report shall be submitted to the Bureau detailing corrective action taken. Information concerning permanent physical changes to the airport shall also be reported to the FAA for inclusion in the Airport Facilities Directory.

(4) An owner or operator of a public airport shall post, in a place visible to the public, written material required to be posted by the Bureau, the Commonwealth or the Federal government.

(5) Surface vehicles, such as, but not limited to, automobiles, trucks, mowing machines, graders or rollers may not be operated in the vicinity of runways or taxiways of a public airport without the airport manager’s permission and coordination with the control tower, if existent. Surface vehicles must be marked with approved flags or flashing amber beacons in accordance with FAA guidelines when operating in air operations areas unless coordinated with the airport manager.

(6) Remote controlled model aircraft may not be operated from a public airport unless permission has been obtained from the airport manager.

(7) Nonaeronautical uses of a public airport’s aviation related area require the airport sponsor to obtain Bureau approval by means of advance written notice. Failure of the Bureau to respond within 30 calendar days shall be deemed tacit approval. Airport operators shall provide advance notice to aircraft operators in accordance with FAA procedures and time frames, including a NOTAM.

(8) An abandoned or unlicensed airport shall have markers, wind direction indicators and aeronautical signs immediately removed by the owner or operator.

(9) The Bureau may randomly inspect any airport or heliport to determine compliance with the code and this chapter.

(i) Periodic safety inspections will be conducted at all scheduled service, general aviation and basic utility airports. The Bureau will coordinate the inspection date with the airport owner. Following the inspection, the Bureau will provide written report of all inspection findings. Deficiencies identified shall be mitigated in a timely manner unless waived by the Bureau. The written report containing the inspection findings, as they specifically relate to the aviation code or aviation regulations, will itemize all deficiencies, except conditions having a current waiver in force. Any conditions having a current waiver in force is deemed to be in (conditional) compliance with this chapter.

(ii) Safety inspections at private use airports will be conducted on a random basis or at the request of the owner.

(iii) Airport sponsors who cannot mitigate airspace obstructions may submit an FAA Form 7460 for FAA evaluation and subsequent consideration for Bureau waiver.

(10) The Department may maintain an action in any court of competent jurisdiction against any licensee of an airport or aviation facility which is subject to regulation under this chapter, to prevent, restrain or enjoin any violation or threatened violation of this chapter.

The provisions of this § 471.7 adopted October 1, 1968, effective October 1, 1968; amended October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3981; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial pages (289754) to (289755).

History

• Authority: The provisions of this Chapter 471 issued under 74 Pa.
• Source: The provisions of this Chapter 471 adopted October 1, 1968, effective October 1, 1968, unless otherwise noted.

67 Pa. Code § 471.8 Suspension, penalties and revocations.

(a) The Department may suspend or revoke an airport license when the Department finds sufficient evidence that one of the following applies:

(1) A nonconforming condition exists under this chapter that is a potential hazard to the users of the airport and has been brought to the attention of the airport sponsor, by written notice, as requiring remediation under this chapter, and the airport sponsor has not responded or sought a waiver within 90 days or less of the notice as deemed necessary by the Director.

(2) A waiver request by the airport sponsor to waive a nonconforming condition has been finally denied and the airport sponsor refuses to take reasonable steps to remediate the condition to the satisfaction of the Bureau, to file an appeal to the Director of the Bureau, or to file a legal action in a court of competent jurisdiction appealing the denial of the waiver, within 90 days of notice of the waiver denial.

The provisions of this § 471.8 adopted October 1, 1968, effective October 1, 1968; amended October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3981; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial pages (289755) and (226965) to (226966).

This section cited in 67 Pa. Code § 471.3 (relating to airport licensing).

History

• Authority: The provisions of this Chapter 471 issued under 74 Pa.
• Source: The provisions of this Chapter 471 adopted October 1, 1968, effective October 1, 1968, unless otherwise noted.

67 Pa. Code § 471.9 Appeal.

A person aggrieved by a decision of the Bureau to grant, deny or revoke a license may make an appeal under 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to general rules of administrative procedure) in the following manner:

(1) The appeal shall be filed within 60 days of receipt of the Bureau’s decision.

(2) The appeal shall be filed with the Administrative Docket Clerk, Office of Chief Counsel, 400 North Street, 9th Floor, Harrisburg, PA 17120-0064, with a $150 filing fee.

(3) The appeal must provide a detailed description of the decisions being appealed and the reasons for the appeal.

The provisions of this § 471.9 adopted October 1, 1968, effective October 1, 1968; amended October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3981; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial page (226966).

This section cited in 67 Pa. Code § 471.3 (relating to airport licensing).

History

• Authority: The provisions of this Chapter 471 issued under 74 Pa.
• Source: The provisions of this Chapter 471 adopted October 1, 1968, effective October 1, 1968, unless otherwise noted.

Chapter 473 Aviation Development Grants

67 Pa. Code § 473.1 Purpose.

This chapter sets forth requirements and criteria relating to aviation development grants.

The provisions of this § 473.1 adopted July 22, 1977, effective July 23, 1977, 7 Pa.B. 2070; amended October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3982. Immediately preceding text appears at serial page (113677).

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

67 Pa. Code § 473.2 Definitions.

The words and terms used in this chapter have the same meaning as they are given in § 471.2 (relating to definitions), unless the context clearly indicates otherwise.

The provisions of this § 473.2 adopted July 22, 1977, effective July 23, 1977, 7 Pa.B. 2070; amended October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3982; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial pages (254115) to (254116).

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

67 Pa. Code § 473.3 Eligibility requirements and criteria.

(a) The minimum requirements and criteria for eligibility to apply for an aviation development grant is that the facility shall be an appropriately licensed public airport located in this Commonwealth and the applicant must be an eligible sponsor.

(b) The following are projects eligible for consideration of an offer of an aviation development grant:

(1) Runway construction, including required safety areas.

(2) Taxiway construction.

(3) Runway overlays, rehabilitation or surface treatment.

(4) Apron overlays, rehabilitation or surface treatment.

(5) Taxiway overlays, rehabilitation or surface treatment.

(6) Runway, taxiway and apron marking and lighting.

(7) Aeronautical and airport beacons.

(8) Runway identification and approach lighting.

(9) Electronic and visual aids to aircraft navigation including weather reporting systems.

(10) Wind indicator devices.

(11) Removal, lighting and marking of obstructions.

(12) Airport safety and security fencing.

(13) Acquisition of land or interest therein for clear zone purposes.

(14) Acquisition of land or easements for airport development.

(15) Equipment and building, dedicated to aircraft rescue and firefighting purposes.

(16) Equipment and equipment storage buildings dedicated to airport snow removal and ice control purposes.

(17) Public areas of terminal buildings at scheduled passenger service airports.

(18) Public use apron construction.

(19) Necessary project/planning/environmental studies/engineering plans, specifications and cost estimates.

(20) Airport planning, including, but not limited to master plans, noise and land use studies.

(21) Airport access and service roads.

(22) Pavement surface monitoring systems.

(23) Other projects which, in the discretion of the Department, should be considered.

The provisions of this § 473.3 adopted July 22, 1977, effective July 23, 1977, 7 Pa.B. 2070; amended October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3982; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial pages (254116) to (254117).

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

67 Pa. Code § 473.4 Limits of funding.

(a) Federal aid projects. The maximum grant to a sponsor may be up to 75% of the non-Federally funded eligible amount of the project.

(b) Non-Federal aid projects. The maximum grant to a sponsor for State participation projects will be flexible; however, State participation will not exceed 90% of the total project cost.

The provisions of this § 473.4 adopted July 22, 1977, effective July 23, 1977, 7 Pa.B. 2070; amended October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3982; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial page (254117).

This section cited in 67 Pa. Code § 473.9 (relating to offer and acceptance of an aviation development grant).

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

67 Pa. Code § 473.5a Project selection process and criteria.

(a) Project selection. Aviation development grants for projects on the 12 year plans and Airport Capital Improvement Programs (ACIPs) on file with and agreed to by the Bureau will be selected for consideration on an annual basis upon written request from sponsors.

(b) Consideration. Following the published closing date identified in § 473.5b (relating to important dates and notification procedure) or the receipt of applicable documentation, projects will be considered for funding for future fiscal years.

(c) Incomplete documentation. The Department may consider documentation for aviation development grants which is technically incomplete on the deadline identified in § 473.5b, but which will be made complete in a timely fashion. The decision to consider documentation which may be determined incomplete on the documentation deadline is made at the sole discretion of the Bureau.

(d) Review process. In evaluating the documentation, the Department may establish internal review procedures, review committees or other administrative mechanisms sufficient to handle the responsibilities of these programs. The Department will maintain an ongoing record of the specific review mechanisms used for the consideration of the documentation and to make available to applicants an outline of the current applicable internal review procedures.

(e) Review by Bureau. The Bureau will review and evaluate submitted documentation with respect to applicable criteria for project funding, available funds, current priorities for development of the airport and significant environmental or economic factors.

(f) Criteria used in review. In considering submitted documentation, the Bureau will give weight and consideration to the following criteria:

(1) Improvement of the safety of airport operations.

(2) The effects of the project on both the overall airport system and the local airport.

(3) The impact of the project on the area surrounding the airport.

(4) Availability of local funds for airport development.

(5) The capture of Federal funds for airport development.

(6) Current policy of the Commonwealth on transportation improvements and economic development.

(7) Current and future demand for passenger service, based or itinerant aircraft and freight services.

(8) Assurance that there is a viable network and reasonable distribution of services and safe facilities throughout this Commonwealth.

(9) The extent to which the project would contribute to the welfare of the citizens of this Commonwealth.

(g) Additional considerations. In consideration of the various criteria applicable to the review of submitted documentation, the Bureau will also evaluate criteria in a manner which takes into account unique or special factors at any airport and emergency situations. Factors making an airport unique from others may include the character of the market it serves, the type and use of based aircraft, the current or future role of the airport, nearby facilities offering similar services or other significant elements contributing to the character or utilization of the facility.

The provisions of this § 473.5a adopted October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273.

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

67 Pa. Code § 473.5b Important dates and notification procedure.

(a) The Bureau will publish annual critical dates for the upcoming calendar year in the first publication of the Pennsylvania Bulletin of the calendar year preceding the upcoming fiscal year. Additionally, the Bureau will provide direct notification to current sponsors.

(b) Documentation for aviation development grants is considered on an annual basis. From the completed planning documents on file for a given fiscal year, July 1 to June 30, projects will be selected for grants.

(c) Documents on file, but incomplete, may be excluded from consideration for grants in that fiscal year. The deadlines for submission of aviation development grant related documentation for a given fiscal year is the close of business of the published date (4:30 pm Eastern Time).

(d) The sponsor will receive a letter of intent for projects selected as described in § 473.9 (relating to offer and acceptance of an aviation development grant), which will authorize the sponsor to proceed with project formulation described in § 473.6a (relating to project execution).

(e) The Department will send a written conditional offer for a grant to a sponsor for a selected project in accordance with § 473.9.

The provisions of this § 473.5b adopted October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273.

This section cited in 67 Pa. Code § 473.5a (relating to project selection process and criteria).

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

67 Pa. Code § 473.6a Project execution.

(a) Upon receipt of a letter of intent in accordance with § 473.9 (relating to offer and acceptance of an aviation development grant), a sponsor may proceed with project formulation and the applicable plans, specifications, procurement of the necessary contracting services and other work necessary pursuant to the future phases of the project.

(1) If the intended project is an airport master planning, environmental planning or related planning study, or both, the applicant shall:

(i) Engage a professional planner or engineer, or both, with appropriate experience in the particular planning area to accomplish the planning study and related work items as required.

(ii) Provide required documentation including, but not limited to, the scope of services, objectives, work schedule, detailed cost schedule and contract documents required for Department review and approval prior to granting of funds.

(2) If the intended project is land acquisition or interest therein, or both, the applicant shall:

(i) Engage a professional engineer or surveyor registered in this Commonwealth to prepare a property map and provide legal descriptions prior to negotiations.

(ii) Provide other necessary maps, reports, environmental documentation and cost estimates as may be required for Department review and approval prior to the granting of funds.

(3) If the intended project is construction or facility modification, the applicant shall:

(i) Engage a professional engineer registered in this Commonwealth to prepare detailed construction plans and specifications and to provide construction engineering, inspection and material testing as required.

(ii) Provide certified maps, reports, detailed construction plans, specifications and contract documents as may be required for Department review and approval prior to granting of funds.

(4) If the intended project is an equipment procurement—ARFF or Snow Removal—the applicant shall:

(i) Prepare detailed procurement specifications.

(ii) Provide reports, detailed procurement specifications, contract documents and cost estimates as may be required for Department review and approval prior to granting funds.

(b) At the request of the Bureau, the sponsor shall submit:

(1) Estimated cost—by item quantity and unit cost item extended to total cost.

(2) A copy of approved airport layout plan.

(3) A copy of environmental finding.

(4) A copy of airspace determination.

(5) A copy of the Sponsor’s Certification—if required by the Bureau.

(6) Other materials or information, or both, deemed necessary by the Department.

The provisions of this § 473.6a adopted October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273.

This section cited in 67 Pa. Code § 473.5b (relating to important dates and notification procedure).

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

67 Pa. Code § 473.7 Public records.

An application for an aviation development grant made under this chapter is considered a document of public record at the time of filing, and will be made available to persons for inspection.

The provisions of this § 473.7 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3982; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial page (254120).

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

67 Pa. Code § 473.9 Offer and acceptance of an aviation development grant.

(a) The Department will send a written conditional offer to a sponsor whose application has been approved. The Department’s conditional offer may provide funding, in accordance with the limitations of § 473.4(b) (relating to limits of funding), for an entire eligible project as proposed, or for only a portion of an eligible project.

(b) Upon receipt of a conditional offer from the Department, a sponsor shall, within the time set forth in the conditional offer execute and submit the grant agreement.

(1) Failure of a sponsor to indicate acceptance of the terms of the grant agreement within the specified response period, will be considered as a rejection of the final offer.

(2) Acceptance of the grant agreement is not binding on a sponsor or the Department until the documents are fully executed between the Department and the sponsor.

(3) Neither the offer nor the acceptance of a grant under this chapter relieves the sponsor/grantee from compliance with local zoning or other municipal requirements.

(c) Unless otherwise restricted by statute, the Department has absolute discretion in the selection of projects and in the determination of funding levels, priorities, critical project selection criteria, project phasing, project design and specifications and performance criteria.

(d) In the consideration of the documentation provided, the Department may determine that a proposed project should be amended to accommodate available funding, applicable airport design criteria, anticipated use or to better accommodate potential user needs. The Department may offer an aviation development grant for a project whose specifications, terms, or scope have been modified by the Department.

(e) In the event that the Department confers with a sponsor to amend a proposed project, the sponsor understands that consultation and amendment does not insure that an offer will be made.

The provisions of this § 473.9 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3982; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial pages (284985) to (294986).

This section cited in 67 Pa. Code § 473.5b (relating to important dates and notification procedure); and 67 Pa. Code § 473.6a (relating to project execution).

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

67 Pa. Code § 473.10 Standards, methods, techniques, designs and special conditions.

(a) The Department reserves the right to specify or make determinations as to the standards, methods, techniques, designs and dimensional criteria acceptable in projects funded by aviation development grants.

(b) The Department may publish standard specifications for the construction of airport improvements funded by aviation development grants.

(c) The Department reserves the right to require special conditions, performance criteria or site specifications other than those outlined in this chapter on a site specific or project specific basis for airport projects funded with aviation development grants, including but not limited to the following:

(1) The sequencing or phasing of construction in a special manner.

(2) The construction or demolition of other projects or structures.

(3) The purchase of additional property.

(4) The clearing of land.

(5) The completion of certain preventive maintenance procedures at specified intervals.

(6) The maintenance of a specified level of minimum available services.

(7) The maintenance of the general grounds and property of a facility in an orderly, efficient and safe manner.

(8) The acquisition of necessary permits or licenses from other Federal, State or local agencies.

(d) Special conditions, performance criteria or site specifications which may be a condition of receipt of an aviation development grant will be set forth in the offer.

(e) Failure to meet special conditions, performance criteria or site specifications may result in the withdrawal of the aviation development grant, disqualification from future consideration for an aviation development grant or declaration of a sponsor to be in default of the terms of an aviation development grant agreement.

The provisions of this § 473.10 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3982. Immediately preceding text appears at serial pages (113683) to (113684).

Local Concerns

By requiring the acquisition of necessary permits and licenses from local agencies, local concerns are considered in the process of approving grants for airport operations or development. Wings Field Preservation Associates, L.P. v. Department of Transportation, 776 A.2d 311 (Pa. Cmwlth. 2001).

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

67 Pa. Code § 473.11 Audit and recordkeeping requirements.

(a) General.

(1) A sponsor receiving an aviation development grant shall keep records as the Department may prescribe, including records which fully disclose the amount and the disposition by the sponsor of the proceeds, the total cost of the plan or program in connection with which the aviation development grant is given or used and the amount and nature of that portion of the cost of the plan or program supplied by other sources and records as will facilitate effective audit.

(2) The Department will have access, for the purpose of audit and examination, to books, documents, papers and records of the sponsor that are pertinent to an aviation development grant received under this chapter. This includes progress audits during the project.

(3) A sponsor is required to establish and maintain an adequate accounting record for an individual project, which will allow the Department to determine the allowability of costs incurred for the project.

(4) A sponsor shall maintain effective control over and accountability for all funds, property and other assets. Sponsors shall adequately safeguard assets and shall assure that they are used solely for authorized purposes.

(5) A sponsor shall establish procedures to minimize the time elapsing between the transfer of funds from the Department and the disbursement by the sponsor whenever funds are advanced by the Department. If this elapsed time exceeds the standards of this chapter, the Department may require the return of interest earned on payments made.

(6) The sponsor shall include in a contract related to a project funded by an aviation development grant, a clause which allows the Department access to the sponsor’s records for purposes of accounting and audit.

(b) Retention of records.

(1) A sponsor shall retain, for a period of 3 years after the date of the submission of the final Department payment, documentary evidence such as invoices, cost estimates, appraisal reports and negotiation documents relating to an item of project cost. These documents shall include, but are not limited to, vendor’s invoices, applicable purchasing orders, receiving reports, inventory records, method of pricing, returns, production cost reports, weight tickets, physical inventories production cost accounts, final inspection report showing acceptance of the airport development performed under the project and a record of disposition or correction of unsatisfactory work.

(2) A sponsor shall retain, for a period of 3 years after the date of the submission of the final Department payment, evidence of payments for items of project costs including, but not limited to, vouchers, cancelled checks or warrants and receipts for cash payments.

(3) If audit findings have not been resolved, records shall be retained until the findings have been resolved.

The provisions of this § 473.11 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3982. Immediately preceding text appears at serial pages (113684) to (113685).

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

67 Pa. Code § 473.12 Inspection.

(a) The Department or an agency of the Commonwealth, or both, or person designated or authorized by the Department has the absolute right to inspect, without notice, the sites, proposed sites, records and construction or materials relating to an airport project funded by an aviation development grant.

(b) An inspection ordered by the Department or conducted under its authority may include, but not necessarily be limited to, the reproduction and examination of records, the taking of samples applicable to site evaluation or project quality control, the validation of metes and bounds, the use of a site or project, or the assessment of any factor relevant to an airport project, application, or contracts and terms related to the aviation development grant process.

(c) A sponsor’s denial of access to records, failure to produce records or obstruction with an inspection may result in withdrawal of the aviation development grant and disqualification from future consideration for an aviation development grant.

The provisions of this § 473.12 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3982. Immediately preceding text appears at serial pages (113685) to (113686).

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

67 Pa. Code § 473.13 Payment procedures.

Unless otherwise specified by the Department, the following general procedures are to be used for funds from an aviation development grant:

(1) Prior to disbursement of funds, the Department reserves the right to conduct site inspections and test, or to review and audit records or accounts to validate, to the satisfaction of the Department, that disbursement of funds is warranted.

(2) A sponsor, having received payment or partial payment or reimbursement under an aviation development grant, shall make payments, within 30 calendar days from receipt of funds, to vendors and contractors for services and materials properly invoiced under the applicable project.

(3) A sponsor shall forward requests for payment to the Department on the forms provided. A request must include submission of actual cost documentation, consisting of approved contract estimates of work-in-place, approved invoices or other evidence of incurred costs, satisfactory to the Department. The final 10% of the total payment may not be paid by the sponsor until final inspection and approval of the project by the Department.

(4) Payment requests shall be limited to monthly submissions. The Bureau may request additional submissions to facilitate the end of year and grant closeout requirements.

The provisions of this § 473.13 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3982; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial page (284989).

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

67 Pa. Code § 473.14 Liability; forfeiture of funds; repayment.

(a) If a sponsor fails to comply with an offer or aviation development grant agreement, the sponsor shall immediately reimburse the Department the amount for which a demand is made by the Department.

(b) The claim shall be a first lien on the airport property to the extent of the unpaid balance. The Department may seek judgements to seize, attach or place liens on the assets or accounts of a sponsor declared in default.

The provisions of this § 473.14 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3982. Immediately preceding text appears at serial page (113686).

This section cited in 67 Pa. Code § 473.16 (relating to appeal).

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

67 Pa. Code § 473.15 Waiver.

(a) Waiver of requirements. The Department may waive requirements to submit specific maps, reports, plans, information or data normally required for a grant application. The waivers may be granted only after written request to the Director and formal written response to the sponsor by the Director prior to submission of the completed application to the Bureau.

(b) Special projects procedures. The Department may develop modified procedures for grant applications pertaining to, but not limited to, runway markings, highway signing or highway visibility markers.

The provisions of this § 473.15 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3982. Immediately preceding text appears at serial page (113687).

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

67 Pa. Code § 473.16 Appeal.

A person aggrieved by a decision of the Department under § 473.14 (relating to liability; forfeiture of funds; repayment) may take an appeal under 2 Pa.C.S. § § 501—508 and 701—704 (relating to practice and procedure of Commonwealth agencies and judicial review of Commonwealth agency action) and 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).

The provisions of this § 473.16 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3982. Immediately preceding text appears at serial page (113687).

History

• Authority: The provisions of this Chapter 473 issued under chapters 51, 53, 55, 57, 59 and 61 of the Aviation Code (74 Pa.
• Source: The provisions of this Chapter 473 adopted July 22, 1977, effective July 23, 1977, 7 Pa.

Chapter 476 Minimum Standards for Conducting Fixed Base Operations at Commonwealth-Owned Airports

67 Pa. Code § 476.1 Purpose.

This chapter sets forth the minimum standards for conducting fixed base operations at Commonwealth-owned airports.

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: AVGAS—Aviation gasoline used in propeller-driven piston aircraft. Apron—A defined area on an airport intended to accommodate aircraft for purposes of loading or unloading passengers or cargo, refueling, parking or maintenance. Bureau—The Bureau of Aviation of the Department. Code—74 Pa.C.S. Part III (relating to the Aviation Code). Department—The Department of Transportation of the Commonwealth. Director—The Director of the Bureau. FAA—The Federal Aviation Administration. FBO—fixed base operator—A commercial enterprise that has entered into a lease agreement with the Department to provide services which may include the following:

(i) Aircraft fueling and oil dispensing.

(ii) Aircraft, parking, tie-down and hangar storage.

(iii) Airframe, power plant and accessory service.

(iv) Radio and instrument service.

(v) Air charter and flight instruction for airport users.

(vi) Ground services. Ground services—Services provided by the FBO including:

(i) Aircraft towing.

(ii) Baggage handling.

(iii) Deicing—glycol.

(iv) Power starts—A. C. and D. C.

(v) Air start.

(vi) Lavatory service.

(vii) Potable water.

(viii) Aircraft cleaning—interior and exterior.

(ix) Cabin supplies. NFPA—National Fire Protection Agency. Taxi-out—The movement of an airplane, under its own power, from its fixed position at an apron or parking position to the runway. Tie-down—Securing of an aircraft by binding anchors or ropes or other similar methods. User—An airport customer who desires to utilize a service offered by an FBO. Unairworthy aircraft—An aircraft that does not meet its FAA type certification or is in a condition that is unsafe for operation in the air, and is not under the care and control of an FBO for maintenance.

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.11 Minimum facilities—Harrisburg International Airport.

The following are the criteria for the minimum facilities an FBO shall provide for the Harrisburg International Airport:

(1) Aircraft parking—paved apron. The FBO shall provide a minimum of 50,000 square feet to accommodate aircraft parking and tie-downs, with taxi-out capability including sufficient taxi clearances.

(2) Automobile parking. The FBO shall provide 10,000 square feet of space for automobile parking.

(3) Buildings. The FBO shall provide a lounge, public restrooms, training and flight planning offices of at least 2,000 square feet, and a hangar of at least 10,000 square feet. The hangar shall be used for aircraft maintenance and storage and have aircraft door openings of at least 60 feet in width and at least 17 feet in height.

(4) Fuel service. The FBO shall provide fuel for one grade of AVGAS in addition to appropriate jet fuel. Fuel storage tanks, equipment and personnel shall comply with applicable Federal, State and local regulations.

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.12 Minimum facilities—Capital City Airport.

The following are the criteria for the minimum facilities an FBO shall provide for the Capital City Airport:

(1) Aircraft parking—paved apron. The FBO shall provide a minimum of 40,000 square feet to accommodate aircraft parking and tie-downs, with taxi-out capability including sufficient taxi clearances.

(2) Automobile parking. The FBO shall provide 10,000 square feet of space for automobile parking.

(3) Buildings. The FBO shall provide a lounge, public restrooms, training and flight planning offices of at least 2,000 square feet, and a hangar of at least 10,000 square feet. The hangar shall be used for aircraft maintenance and storage and have aircraft door openings of at least 60 feet in width and at least 17 feet in height.

(4) Fuel service. The FBO shall provide fuel for one grade of AVGAS in addition to appropriate jet fuel. Fuel storage tanks, equipment and personnel shall comply with applicable Federal, State and local regulations.

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.13 Mandatory services.

(a) Primary services. The FBO shall provide aircraft fueling and oil dispensing services as set forth in § 476.14 (relating to aircraft fueling and oil dispensing services), and aircraft parking, tie-down and hangar storage services as set forth in § 476.15 (relating to aircraft parking, tie-down and hangar storage services).

(b) Secondary services. In addition to the services set forth in subsection (a), the FBO shall provide two of the following services:

(1) Airframe, power plant and accessory services as set forth in § 476.16 (relating to airframe, power plant and accessory services).

(2) Radio and instrument services as set forth in § 476.17 (relating to radio and instrument services).

(3) Air taxi and charter services as set forth in § 476.18 (relating to air taxi and charter services).

(4) Flight training services as set forth in § 476.19 (relating to flight training services).

(5) Ground handling support services as set forth in § 476.20 (relating to ground handling support services).

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.14 Aircraft fueling and oil dispensing services

The minimum requirements for aircraft fueling and oil dispensing services are as follows:

(1) Compliance with applicable regulations. Fuel storage and handling, including the storage and handling of hazardous materials, shall be in compliance with applicable Federal, State and local regulations.

(2) Fuel products. The FBO shall provide into-plane retail delivery of an industry standard or recognized brand of aviation fuel product required in the operation of all types of aircraft normally frequenting the airport facility. Pumps for dispensing the fuel shall be provided at a location accessible to airport customers. The FBO shall make mobile fuelers available and accessible at all times to ensure that the same grades of fuel are dispensed at any point at the airport facility as may be required to accommodate the needs of other lessees or the general public.

(3) Fueling facilities—storage area. The requirements for storage area fueling facilities are as follows:

(i) The area shall be clearly defined and located away from the aircraft parking area.

(ii) Tank filler caps shall be kept locked to avoid the possibility of contamination or sabotage.

(iii) Fillers and pumps shall be color coded and placarded as to octane or fuel grade, or both.

(iv) Electrical grounding/bonding shall be provided for refueling operations.

(v) Fuel hoses and nozzles shall be stored in a clean, sheltered area or protected in some manner from the elements and contaminants.

(vi) Fuel shall be filtered. A regular inspection of the filters shall be conducted in accordance with the most current FAA Advisory Circular entitled, ‘‘Aircraft Fuel Storage, Handling and Dispensing on Airports’’ or NFPA Part 407, ‘‘Aircraft Fuel Service,’’ or both. Written records of filter inspections shall be kept on file with the FBO for 1 year and shall be available for review by the Department upon request.

(vii) Fuel tanks shall be checked daily, or prior to the first refueling of the day, for water and contamination. A written record of these inspections shall be kept on file with the FBO for 1 year and shall be available for review by the Department upon request.

(4) Fueling facilities—mobile fuelers. The minimum requirements for mobile fueler fueling facilities are as follows:

(i) A truck shall be provided with sufficient capacity to refuel the largest general aviation aircraft likely to be serviced for AVGAS and jet fuel.

(ii) The truck shall be clearly marked and labeled to indicate types and grades of fuel dispensed.

(iii) The truck shall be equipped with adequate and appropriate filling devices, meters and grounding/bonding cables.

(iv) A regular inspection of the filters shall be conducted in accordance with FAA Advisory Circular entitled, ‘‘Aircraft Fuel Storage, Handling, and Dispensing on Airports’’ or NFPA 407 ‘‘Aircraft Fuel Servicing,’’ or both. Written records of filter inspections shall be kept on file with the FBO for 1 year and shall be available for review by the Department upon request.

(v) Contamination separation devices shall be checked daily, or prior to the first fueling of the day, for water and contamination. Written records of these inspections shall be kept on file with the FBO for 1 year and shall be available for review by the Department upon request.

(5) Fueling procedures. Fueling procedures shall conform to recommendations and standards in the most current FAA Advisory Circular entitled, ‘‘Aircraft Ground Handling and Servicing.’’

(6) Aircraft service equipment. Energizers, standard starting equipment (A. C. and D. C.), oxygen, appropriate fire extinguishers, fueling equipment and deicing equipment shall be provided.

(7) Personnel. Ramp service personnel trained and qualified in accordance with applicable FAA regulations shall be available during hours of fuel dispensing.

(8) Hours of operation. Fueling and oil dispensing services shall be available as follows:

(i) Harrisburg International Airport. Fueling and oil dispensing shall be available from 24 hours-a-day, 7 days-a-week.

(ii) Capital City Airport. Fueling and oil dispensing shall be available from 6 a.m. to 10 p.m., 7 days a week.

This section cited in 67 Pa. Code § 476.13 (relating to mandatory services); and 67 Pa. Code § 476.22 (relating to negotiated services).

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.15 Aircraft parking, tie-down and hangar storage services.

The minimum requirements for aircraft parking, tie-down and hangar storage are as follows:

(1) Ramp area.

(i) The FBO shall provide taxi lines to refuel. Tie-down and hangar areas shall be provided for directional convenience and safety of transient and local based customer aircraft.

(ii) FBO facilities shall comply with the most current FAA Advisory Circular entitled, ‘‘Aircraft Ground Handling and Servicing.’’

(iii) The parking of unairworthy aircraft is not permitted. The Director or a designee will determine if an aircraft is unairworthy.

(iv) The FBO is responsible for providing taxi pavement marking lines and marking for parking transient aircraft upon its leased ramp area. Entrance guidance signs or pavement markings from adjoining taxiway, or both, shall be the responsibility of the airport management.

(2) Tie-down aircraft. The securing of an aircraft by means of anchors or ropes shall be conducted as set forth in the most current FAA Advisory Circular entitled, ‘‘Tie-Down Sense.’’

(3) Hangar storage—aircraft maintenance and storage.

(i) Sufficient hangar storage space shall be provided for transient and local based customer aircraft. This space shall be heated and shall have fire extinguishers. Employes shall be trained in the use of the fire extinguisher.

(ii) Equipment shall be available for moving aircraft such as two tugs with tow bar attachments to fit general aviation aircraft.

This section cited in 67 Pa. Code § 476.13 (relating to mandatory services); and 67 Pa. Code § 476.22 (relating to negotiated services).

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.16 Airframe, power plant and accessory services.

The minimum requirements for airframe, power plant and accessory services are as follows:

(1) General. The FBO shall provide comprehensive maintenance services.

(2) Equipment. Sufficient equipment, supplies and parts shall be provided to perform services in accordance with the manufacturer’s recommendations or the equivalent thereof.

(3) Personnel. Mechanics holding proper FAA certification, along with other personnel—trained in accordance with applicable FAA regulations—as may be required, shall be available to perform maintenance services.

(4) Hours of operation. The minimum operating hours shall be from 8 a.m. to 4 p.m., Monday through Friday. At other times, an FAA-certified mechanic or Federal Communications Commission licensed specialist, or both, shall be on call and available to respond to emergency customer service requests.

This section cited in 67 Pa. Code § 476.13 (relating to mandatory services); and 67 Pa. Code § 476.22 (relating to negotiated services).

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.17 Radio and instrument services.

The minimum requirements for radio and instrument services are as follows:

(1) Personnel. Personnel trained and qualified in accordance with applicable FAA regulations shall be provided.

(2) Equipment. Sufficient equipment required to perform needed services shall be available.

This section cited in 67 Pa. Code § 476.13 (relating to mandatory services); and 67 Pa. Code § 476.22 (relating to negotiated services).

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.18 Air taxi and charter services.

The minimum requirements for air taxi and charter services are as follows:

(1) General. The FBO shall hold a current FAA Air Taxi Commercial Operator’s Certificate in accordance with the FAA regulations at 14 CFR Part 135 (relating to air taxi operators and commercial operators).

(2) Personnel. An FAA-certified crew shall be available to conduct air taxi services for each aircraft.

(3) Aircraft. Aircraft shall comply with the requirements of the Air Taxi Commercial Operator Certificate held. Each operated aircraft shall be owned by or leased to the FBO, evidence of which shall be demonstrated by a title or lease agreement. Leased aircraft shall be under the exclusive control of the FBO. Maintenance of the aircraft shall meet the applicable requirements of 14 CFR Part 135.

(4) Hours of operation. Air taxi service shall be offered subject to the availability of personnel and aircraft.

This section cited in 67 Pa. Code § 476.13 (relating to mandatory services); and 67 Pa. Code § 476.22 (relating to negotiated services).

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.19 Flight training services.

The minimum requirements for flight training services are as follows:

(1) General. The FBO may engage in flight training. Flight and ground school instruction shall be conducted in conformance with FAA laws and regulations and with recommended standards in advisory circulars applicable to the types of training offered.

(2) Personnel. FAA-certified flight instructors shall be provided.

(3) Aircraft. FAA-certified aircraft shall be utilized and shall be under the exclusive control of the FBO.

(4) Operation. Flight instruction shall be offered when weather permits.

This section cited in 67 Pa. Code § 476.13 (relating to mandatory services); and 67 Pa. Code § 476.22 (relating to negotiated services).

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.20 Ground handling support services.

The minimum requirements for ground handling support services are as follows:

(1) Personnel. Personnel trained and qualified in accordance with applicable FAA regulations shall be provided.

(2) Equipment. Sufficient equipment required to perform services shall be available.

This section cited in 67 Pa. Code § 476.13 (relating to mandatory services); and 67 Pa. Code § 476.22 (relating to negotiated services).

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.21 Optional and special services.

General services or other services not specifically provided for in this section may be conducted by the FBO, subject to application to and approval by the Director. Written terms and conditions for the privilege of engaging in these optional services shall be determined subsequent to application and shall be commensurate with the nature and scope of the services proposed, with consideration given to the availability of facilities capable of supporting the proposed services. Optional services may include:

(1) Aerial advertising.

(2) Aerial photography or survey.

(3) Power line or pipeline patrol.

(4) Aircraft sales. The FBO may offer for sale to the public new and used aircraft. The FBO shall provide for spare parts and repair service necessary to meet the warranties for the make and model of aircraft for which sales privileges are granted. The FBO, as a dealer/distributor/broker, may be authorized to represent one or more major aircraft manufacturers.

(5) Other operations not excluded from the FAA regulations at 14 CFR Part 135 (relating to air taxi operators and commercial operators).

This section cited in 67 Pa. Code § 476.22 (relating to negotiated services).

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.22 Negotiated services.

The Department reserves the right to negotiate for specific services provided for in § § 476.14—476.21, as well as other services not specified in this chapter.

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.23 Specific exclusions applicable to FBOs.

(a) Excluded operations. The following concessions and their establishments are specifically excluded from the lease of an FBO:

(1) Ground transportation for hire.

(2) Barber and valet services.

(3) Wholesale or retail sale of nonaviation products including food and beverage sales through vending machines and newspapers.

(4) Automobile gasoline sales.

(5) Automobile maintenance and repair service for vehicular equipment of the public or other tenants of the airport.

(b) Activities excluded from Harrisburg International Airport. Aircraft banner, aircraft glider towing and untethered balloon activities are not permitted at Harrisburg International Airport.

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.24 Application procedure for conducting fixed based operations.

(a) Request to conduct fixed base operations. A person desiring to conduct fixed base operations at a Commonwealth-owned airport shall submit an application to the Bureau detailing the applicant’s plans to meet the requirements of this chapter and the proposed timetable for meeting these requirements. The Department may request additional information from an applicant if the application does not contain the schematics necessary to meet the requirements of this chapter.

(b) Response to request application. The Bureau will submit a written response to the applicant within 30 days of receipt of the application. The Department’s decision will be based on the following criteria:

(1) The applicant demonstrates it can meet the requirements contained in this chapter.

(2) The applicant demonstrates its ability to comply with applicable Federal, State and local regulations.

(3) The applicant demonstrates the need for additional fixed based operations services to meet the continued growth and development of the airport facility.

(c) Right to appeal. If an applicant disagrees with the Bureau’s decision, the applicant may elect to exercise appeal rights provided for under § 476.52 (relating to appeal).

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.25 Lease agreements.

(a) Approval of application. Once an application to conduct fixed base operations is granted by the Bureau, the FBO and the Department will enter into a lease agreement in accordance with this chapter and other conditions upon which the Department and the FBO may agree.

(b) Minimum standards. The standards contained in this chapter are only minimum standards, and the Department reserves the right to impose, by lease agreement, more stringent standards than those in this chapter.

(c) Questions or issues regarding terms of lease agreement. If an FBO has a question or issue regarding the lease agreement, the FBO shall submit a written proposal concerning this matter to the Bureau. The Director or a designee will issue a response in writing within 30 days of receipt of the proposal.

(d) Offering of services. The FBO may not begin offering services until the lease agreement has been executed by the Department and the Department has received the required legal and fiscal approvals.

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.26 Existing fixed base operating agreements.

(a) Existing agreement preemption. Fixed base operating agreements in place as of March 15, 1997, shall preempt the minimum standards in this chapter until those agreements terminate, unless the Department and an FBO agree to amend an agreement to be consistent with these minimum standards.

(b) Airline operating agreements. Privileges granted to airlines in accordance with airline operating agreements are excluded from this chapter.

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.27 Compliance inspections.

(a) Inspection of FBO facilities. The airport management shall conduct at least one compliance inspection of FBO facilities each year to ensure compliance with this chapter and the lease agreement. Deficiencies detected shall be reported to the FBO in writing within 5 days of completion of the inspection.

(b) Corrections. The operator shall make corrections within 24 hours of receipt of the written report and shall provide the Bureau with written notice of completion.

(c) Proposed schedule of corrections. For deficiencies requiring more than 24 hours to correct, the FBO shall submit a proposed schedule of corrections to the Bureau for approval. The FBO shall submit the proposed schedule within the time frame designated by airport management in the written report.

(d) Cancellation of lease agreement. Failure to make required corrections within the time frame specified by the Bureau will result in cancellation of the FBO’s lease agreement.

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.51 Waiver and appeal.

The Department, for good cause, may waive compliance with the criteria or requirements, or both, of this chapter if the waiver is not inconsistent with the code. A waiver is considered granted if the FBO submits a written request to the Director and receives a formal written response granting the request.

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

67 Pa. Code § 476.52 Appeal.

An applicant aggrieved by a decision of the Bureau may appeal by requesting an administrative hearing under 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) and Chapter 491 (relating to administrative practice and procedure).

This section cited in 67 Pa. Code § 476.24 (relating to application procedure for conducting fixed base operations).

History

• Authority: The provisions of this Chapter 476 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 476 adopted March 14, 1997, effective March 15, 1997, 27 Pa.

Chapter 477 Local Real Estate Tax Reimbursement Grants

67 Pa. Code § 477.1 Purpose.

This chapter sets forth requirements and criteria relating to local real estate tax reimbursement grants for those portions of public airports which are aviation-related areas.

The provisions of this § 477.1 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3983. Immediately preceding text appears at serial page (113691).

History

• Authority: The provisions of this Chapter 477 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 477 adopted October 3, 1986, effective October 4, 1986, 16 Pa.

67 Pa. Code § 477.2 Definitions.

The words and terms used in this chapter have the same meaning as they are given in § 471.2 (relating to definitions), unless the context clearly indicates otherwise.

The provisions of this § 477.2 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3983; amended October 29, effective October 30 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial pages (254127) to (254128).

History

• Authority: The provisions of this Chapter 477 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 477 adopted October 3, 1986, effective October 4, 1986, 16 Pa.

67 Pa. Code § 477.3 Eligibility requirements and criteria.

(a) The airport shall be an appropriately licensed public airport located in this Commonwealth to qualify for a Local Real Estate Tax Reimbursement Grant.

(b) The amount of reimbursement requested by an airport sponsor shall represent only that portion of local real estate taxes which represents the aviation-related area.

(c) The local real estate taxes for the year requested shall have been paid by the airport owner.

(d) The amount of reimbursement requested may not include amounts which represented late payments, penalties or interest, or both.

The provisions of this § 477.3 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3983. Immediately preceding text appears at serial page (113692).

History

• Authority: The provisions of this Chapter 477 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 477 adopted October 3, 1986, effective October 4, 1986, 16 Pa.

67 Pa. Code § 477.4 Application procedure.

(a) Owners shall submit a written request to the Bureau for an application requesting a Local Real Estate Tax Reimbursement Grant.

(b) The Bureau will send an application to the owner.

(c) The owner shall complete the application and submit it before the deadline set forth in § 477.5 (relating to deadlines).

(d) A request shall set forth the following information:

(1) The name of the airport.

(2) A description of the airport.

(3) A deed or other instrument of conveyance verifying ownership, including a narrative legal description of the metes and bounds of the airport property.

(4) A brief sketch which shows approximate property lines and defines the aviation related area of the airport.

(5) A copy of the current agreement of maintenance required by section 6124 of the code (relating to agreement of maintenance).

The provisions of this § 477.4 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3983. Immediately preceding text appears at serial pages (113692) to (113693).

History

• Authority: The provisions of this Chapter 477 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 477 adopted October 3, 1986, effective October 4, 1986, 16 Pa.

67 Pa. Code § 477.5 Deadlines.

(a) The deadline for applications for local real estate tax reimbursement grants, for taxes paid during calendar year 1986 and thereafter, shall be the close of business on February 1 of the year following the year to which the request is applicable. This deadline does not apply to applications pertaining to the 1985 tax year. The deadline for the 1985 tax year is 60 days from the date of announcement by the Department of the availability of local real estate tax reimbursement grants.

(b) If the deadline for applications occurs on a legal holiday when Commonwealth offices are closed, the deadline for applications is the close of business on the next business day.

(c) Applications which are incomplete may be excluded from consideration for the year to which the request is applicable.

The provisions of this § 477.5 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3983. Immediately preceding text appears at serial page (113693).

This section cited in 67 Pa. Code § 477.4 (relating to application procedure).

History

• Authority: The provisions of this Chapter 477 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 477 adopted October 3, 1986, effective October 4, 1986, 16 Pa.

67 Pa. Code § 477.6 Public records.

An application for a local real estate tax reimbursement grant made under this chapter is considered a document of public record at the time of filing, and will be made available to persons for inspections.

The provisions of this § 477.6 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3983. Immediately preceding text appears at serial page (113693).

History

• Authority: The provisions of this Chapter 477 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 477 adopted October 3, 1986, effective October 4, 1986, 16 Pa.

67 Pa. Code § 477.7 Offer and acceptance.

(a) The Department will make an offer of a Tax Reimbursement Grant to eligible owners.

(b) An owner has 30 days from receipt of the offer to accept or reject the offer. Nonacceptance within the 30 day response period will be considered a rejection of the offer.

The provisions of this § 477.7 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3983. Immediately preceding text appears at serial page (113693).

History

• Authority: The provisions of this Chapter 477 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 477 adopted October 3, 1986, effective October 4, 1986, 16 Pa.

67 Pa. Code § 477.8 Denial of reimbursement.

(a) An owner found by the Department to be ineligible for a local real estate tax reimbursement grant, or portion thereof, will receive written notice from the Department.

(b) The written notice required in subsection (a) will set forth the reasons for the denial.

The provisions of this § 477.8 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3983. Immediately preceding text appears at serial page (113694).

History

• Authority: The provisions of this Chapter 477 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 477 adopted October 3, 1986, effective October 4, 1986, 16 Pa.

67 Pa. Code § 477.9 Violation.

A violation of the agreement of maintenance makes the owner liable for the repayment of the local real estate tax reimbursement grant for the most recent year that a grant was received, plus a penalty of two times the grant. In an action wherein the owner is found to have violated the agreement of maintenance, the Department will receive costs of prosecution.

The provisions of this § 477.9 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3983. Immediately preceding text appears at serial page (113694).

History

• Authority: The provisions of this Chapter 477 issued under the Aviation Code, 74 Pa.
• Source: The provisions of this Chapter 477 adopted October 3, 1986, effective October 4, 1986, 16 Pa.

Chapter 479 Obstruction to Aircraft

67 Pa. Code § 479.1 Purpose.

This chapter sets forth instructions to persons who desire to erect, add to or maintain obstructions to aircraft.

The provisions of this § 479.1 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3984. Immediately preceding text appears at serial page (113695).

History

• Authority: The provisions of this Chapter 479 issued under 74 Pa.
• Source: The provisions of this Chapter 479 adopted October 3, 1986, effective October 4, 1986, 16 Pa.

67 Pa. Code § 479.2 Definitions.

The words and terms used in this chapter have the same meaning as they are given in § 471.2 (relating to definitions), unless the context clearly indicates otherwise.

The provisions of this § 479.2 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3984; amended October 29, 2010, effective October 30, 2010, 40 Pa.B. 6273. Immediately preceding text appears at serial pages (254133) to (254134).

History

• Authority: The provisions of this Chapter 479 issued under 74 Pa.
• Source: The provisions of this Chapter 479 adopted October 3, 1986, effective October 4, 1986, 16 Pa.

67 Pa. Code § 479.3 Approach area obstructions.

(a) A person who erects or maintains a smoke stack, flag pole, elevated tank, radio station tower, antenna, building, structure, object or natural growth or other obstruction to the operation of aircraft within an approach area that extends above an inclined plan, shall first obtain approval from the Department.

(b) A person who fails to obtain approval from the Department prior to erecting or maintaining an approach area obstruction commits a summary offense under section 5701(a) of the code (relating to Department approval).

The provisions of this § 479.3 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3984. Immediately preceding text appears at serial page (113696).

History

• Authority: The provisions of this Chapter 479 issued under 74 Pa.
• Source: The provisions of this Chapter 479 adopted October 3, 1986, effective October 4, 1986, 16 Pa.

67 Pa. Code § 479.4 Airport obstruction.

(a) A person who plans to erect a new structure, to add to an existing structure or to erect or maintain an object—natural or manmade—as defined in 14 CFR 77.13(a) (relating to construction or alteration requiring notice) shall first obtain approval from the Department by submitting a written notice (Form AV-57) to the Department at least 30 days prior to commencement thereof.

(b) A person who fails to obtain the approval from the Department prescribed in this section prior to erecting a new structure, adding to an existing structure or erecting or maintaining an object in violation of 14 CFR 77.13(a) commits a summary offense under section 5701(b) of the code (relating to Department approval).

The provisions of this § 479.4 adopted October 3, 1986, effective October 4, 1986, 16 Pa.B. 3693; readopted July 20, 1990, effective July 21, 1990, 20 Pa.B. 3984. Immediately preceding text appears at serial page (113696).

History

• Authority: The provisions of this Chapter 479 issued under 74 Pa.
• Source: The provisions of this Chapter 479 adopted October 3, 1986, effective October 4, 1986, 16 Pa.

Chapter 491 Administrative Practice and Procedure

67 Pa. Code § 491.1 Applicability of General Rules.

This chapter supplements and supersedes inconsistent provisions in the General Rules.

(1) This chapter applies to activities and proceedings before the Department in matters under 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Administrative Agency Law) which are not vested in other bodies by law.

(2) To the extent this chapter does not supplement nor supersede the General Rules, the General Rules will apply to activities and proceedings before the Department.

The provisions of this § 491.1 amended under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.

The provisions of this § 491.1 adopted July 25, 1975, effective July 26, 1975, 5 Pa.B. 1922; amended December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial page (235394).

History

• Authority: The provisions of this Chapter 491 issued under the Administrative Agency Law (71 P.
• Source: The provisions of this Chapter 491 adopted July 25, 1975, effective July 26, 1975, 5 Pa.

67 Pa. Code § 491.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Date of filing—The date a legal document is received at the office of the Department. Date of receipt at the office of the Department—The date on which a legal document is received and docketed by the appropriate Department docket clerk. Department—The Department of Transportation of the Commonwealth. General Rules—The rules found in 1 Pa. Code Part II (relating to general rules of administrative practice and procedure). Office of the agency—The office of the Administrative Docket Clerk, or the Driver Licensing Docket Clerk, upon which commencement of process is made upon the Secretary for the purpose of activities and proceedings before the Department in matters under 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Administrative Agency Law). Party—Any appellant, appellee, complainant, intervener, petitioner or respondent in a matter brought before a Department hearing officer. Secretary—The Secretary of the Department.

The provisions of this § 491.2 issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.

The provisions of this § 491.2 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effectvie July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial page (235394).

History

• Authority: The provisions of this Chapter 491 issued under the Administrative Agency Law (71 P.
• Source: The provisions of this Chapter 491 adopted July 25, 1975, effective July 26, 1975, 5 Pa.

67 Pa. Code § 491.2a Separation of adjudicatory function from representation of the Department.

(a) Separation of adjudicatory function. The adjudicatory function performed in accordance with this chapter and the General Rules will be separated from the function of representing the Department in administrative hearing matters. This chapter prescribes that an administrative hearing officer will preside over any hearing and, if exceptions are filed by any party, the decision ultimately is made by the Secretary. The Department’s Chief Counsel advises the Secretary in his adjudicatory capacity.

(b) Ex parte discussions. Under no circumstances may any Department attorney representing the Department in an administrative hearing matter, or any Department employee involved in such a matter, discuss the case ex parte with the Administrative Hearing Officer, the Chief Counsel or the Secretary.

(c) Prohibited discussions with employees. The Administrative Hearing Officer, the Chief Counsel and the Secretary may not discuss with, or exercise any supervisory responsibility over, any employee with respect to an administrative hearing matter with which that employee is involved.

(d) Designation by Chief Counsel and Secretary. If it becomes necessary for the Chief Counsel or the Secretary to become involved on behalf of the Department in any administrative hearing matter, they are prohibited from participating in the adjudication of the case and shall designate appropriate individuals to exercise their adjudicatory functions.

The provisions of this § 491.2a issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.

The provisions of this § 491.2a adopted July 27, 2001, effectvie July 28, 2001, 31 Pa.B. 4089.

History

• Authority: The provisions of this Chapter 491 issued under the Administrative Agency Law (71 P.
• Source: The provisions of this Chapter 491 adopted July 25, 1975, effective July 26, 1975, 5 Pa.

67 Pa. Code § 491.3 Request for hearing.

(a) Content. A request for a hearing shall be made in writing and shall contain:

(1) A clear and concise statement of the facts of the case, including all essential elements of the claim.

(2) A clear and specific list of the legal issues upon which the appeal is based and the desired remedy.

(3) A copy of the denial or revocation letter, permit, statutory or regulatory provision or other document which gives rise to the appeal.

(4) For the party requesting the hearing, an address where documents and pleadings may be served upon that party.

(b) Timeliness of petition for hearing.

(1) General rule. Except as otherwise provided in paragraph (2) or by statute or regulation, every request for a hearing shall be filed within 30 days of the Department’s determination which gives rise to the appeal.

(2) {Abrogated}. (Editor’s Note: Paragraph (2) abrogated October 27, 2006 (P.L. 1182, No. 122).)

(c) Determination of insufficiency. The Department hearing officer may determine that a request for a hearing is insufficient or improper under the General Rules or this chapter and may direct the docket clerk to mark the matter closed and to return the request, with notice of the deficiency, to the initiating party.

(d) Department’s request for clarification of the issues. The Department may request that the Department hearing officer order that the opposing counsel or party more specifically articulate the issues giving rise to the appeal.

(e) Supplementation. This section supplements 1 Pa. Code § 35.121 (relating to the initiation of hearing).

The provisions of this § 491.3 issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704; § 491.3(b)(2) abrogated under section 3 of the act of October 27, 2006 (P.L. 1182, No. 122).

The provisions of this § 491.3 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089; § 491.3(b)(2) abrogated October 27, 2006 (P.L. 1182, No. 122), effective December 26, 2006. Immediately preceding text appears at serial pages (412273) to (412274).

This section cited in 67 Pa. Code § 457.14 (relating to debarment appeals procedure); and 67 Pa. Code § 491.4 (relating to institution of proceedings).

History

• Authority: The provisions of this Chapter 491 issued under the Administrative Agency Law (71 P.
• Source: The provisions of this Chapter 491 adopted July 25, 1975, effective July 26, 1975, 5 Pa.

67 Pa. Code § 491.4 Institution of proceedings.

(a) Approval and docketing. Upon approval, under § 491.3(b) (relating to request for hearing), of a written request for a hearing, or upon receipt of a written request from the Department for an order to show cause under § 491.9 (relat-ing to order to show cause), the docket clerk will assign the matter a caption, including a docket number, and will enter the matter into the docket.

(b) Caption and docket number. The caption and docket number shall appear on all correspondence, pleadings, briefs or other papers relating to the case.

(c) Docket clerks as office of the agency/timely filings. For purposes of activities and proceedings before the Department in matters under 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Administrative Agency Law) which are not vested in other bodies by law, the Administrative Docket Clerk and the Driver Licensing Docket Clerk are designated as the office of the agency. As the office of the agency, all correspondence, pleadings, briefs, orders and other papers relating to the case shall be filed with the Administrative Docket Clerk or the Driver Licensing Docket Clerk. The date of receipt at the office of the agency and not the date of deposit in the mails shall determine time of filing.

(d) Address for filing. Correspondence, pleadings, briefs, orders or other papers relating to the case shall be filed with the appropriate docket clerk at the following address:

(1) Secretary of Transportation, Driver Licensing Docket Clerk, 1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-2516 (or other address that may be designated by the Department) for matters involving:

(i) Appeals from the Department’s denial or recall of an occupational limited license.

(ii) Appeals from the Department’s cancellation, denial or recall of a probationary license.

(iii) Requests for record review under 75 Pa.C.S. § 1516 (relating to Department records).

(iv) Hearings to request credit toward serving driving privilege or vehicle registration suspensions.

(2) Secretary of Transportation, Administrative Docket Clerk, c/o Office of Chief Counsel, Commonwealth Keystone Building, 400 North Street, 9th floor, Harrisburg, Pennsylvania 17120-0096 (or other address that may be specified by the Department), for all matters not specified in paragraph (1), including but not limited to:

(i) Minimum use driveway permits.

(ii) Low, medium and high volume driveway permits.

(iii) School bus/hazardous walking routes.

(iv) Overweight or oversize truck hauling permits.

(v) Private airport permits.

(vi) Public airport permits.

(vii) Outdoor advertising sign permits.

(viii) Prequalification, suspension or debarment.

(ix) Personnel salary claims.

(x) Municipal reimbursements.

(xi) Appeals from the Department’s refusal to issue a certificate of title for reasons other than failure to pay a required fee or tax in connection with or resulting from the acquisition or use of a vehicle.

(xii) Matters pertaining to reasonable access for tractor-trailer vehicle combinations.

(xiii) Miscellaneous matters (including petitions to intervene).

(e) Supplementation. This section supplements 1 Pa. Code § 35.121 (relating to the initiation of hearings).

The provisions of this § 491.4 issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.

The provisions of this § 491.4 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial pages (229775) to (229776).

This section cited in 67 Pa. Code § 491.5 (relating to filing fee).

History

• Authority: The provisions of this Chapter 491 issued under the Administrative Agency Law (71 P.
• Source: The provisions of this Chapter 491 adopted July 25, 1975, effective July 26, 1975, 5 Pa.

67 Pa. Code § 491.5 Filing fee.

(a) Fee required with request for a hearing. A filing fee shall accompany a written request for a hearing in all matters except those involving the suspension or revocation of a permit, license, certificate or privilege by the Department, in which event a filing fee is not required, except as specified in subsection (b).

(1) The schedule of filing fees will be reviewed and revised periodically by the Department and will be published in the Pennsylvania Bulletin.

(2) The filing fee shall be payable by check, certified check or money order which shall be made payable to the ‘‘Department of Transportation.’’

(3) Information regarding filing fees may be obtained from the appropriate docket clerk at the addresses provided in § 491.4(d) (relating to institution of proceedings).

(b) Suspension or revocation of operating privilege. A written request for a hearing to determine credit toward serving a period of suspension or revocation of a driver’s operating privilege shall be accompanied by the required filing fee.

(c) Fee not received with filing. If a written request for a hearing is received without the required filing fee, the docket clerk will immediately provide the requesting party with written notice that the fee shall be forwarded to and received by the docket clerk within 20 days of the mailing date of the notice.

(d) Request not docketed for failure to remit filing fee. If the Department does not receive the required filing fee within 20 days after the mailing date of the notice to the requesting party, the docket clerk may refuse to allow the matter to be docketed, may determine the matter to be closed and may return the written request to the requesting party.

(e) Supersession. This section supersedes 1 Pa. Code § 33.21 (relating to filing fees).

The provisions of this § 491.5 issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.

The provisions of this § 491.5 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial page (229776).

History

• Authority: The provisions of this Chapter 491 issued under the Administrative Agency Law (71 P.
• Source: The provisions of this Chapter 491 adopted July 25, 1975, effective July 26, 1975, 5 Pa.

67 Pa. Code § 491.6 Notice and conduct of hearing.

(a) Written notification to parties. Upon docketing a written request for a hearing, the docket clerk will provide written notification to all parties of the request for a hearing and of referral of the matter to the Department hearing officer for scheduling.

(b) Scheduling. The Department hearing officer will schedule a hearing for the docketed request and will direct the docket clerk to issue written notice of the time and place of the scheduled hearing to all parties.

(c) Authority of Department hearing officer. The Department hearing officer will have the authority to decide all motions, petitions, requests for supersedeas, discovery requests or other matters presented by the parties to this action and to proceed in accordance with 1 Pa. Code Chapter 35, Subchapter E (relating to presiding officers).

(d) Intervention.

(1) Petition to intervene. A person who seeks to intervene as a party in a proceeding shall file a petition for leave to intervene with the Docket Clerk. The petition shall contain a concise statement of the interest of the moving party and the grounds for intervention.

(2) Refusal.

(i) Delay. The Department may refuse a petition for intervention if the moving party has unduly delayed in applying for intervention or the intervention will unduly delay or prejudice the hearing or the adjudication of the rights of the parties.

(ii) Supplementation. This subsection supplements 1 Pa. Code § § 35.27—35.36.

(e) Continuances.

(1) The Department hearing officer will consider a request for continuance if the docket clerk is notified in writing of the grounds at least 10 days prior to the date of the hearing. Continuances will be granted only for substantial or compelling reasons, at the discretion of the Department hearing officer.

(2) The Department hearing officer will consider a request for continuance made less than 10 days prior to the date of the hearing only if the Department hearing officer is satisfied that circumstances relating to the requested continuance occurred within 10 calendar days of the hearing date.

(3) The requesting party shall seek the agreement of the other parties to the proceeding prior to requesting the continuance. The position of the opposing parties shall specifically be noted in the continuance request. The hearing officer may refuse a request for continuance regardless of the concurrence of all parties.

(f) Depositions. The testimony of a witness may be taken by deposition only upon application by a party in a proceeding before the Department. The granting of an application for depositions shall be entirely discretionary with the Department hearing officer and will only be permitted for substantial and compelling reasons.

(g) Request for a stay or supersedeas.

(1) Conditions for grant. The Department hearing officer, upon written motion of a party, may grant a request for a stay or supersedeas, provided the requesting party can demonstrate to the satisfaction of the Department hearing officer:

(i) A likelihood of success on the merits of the matter before the Department hearing officer.

(ii) Immediate and irreparable harm will result from the failure to grant the stay or supersedeas.

(iii) Issuance of the stay or supersedeas will not substantially harm other parties to the proceedings.

(iv) No other remedy is available.

(v) The moving party has given reasonable notice of the request to all parties.

(2) Requirement to provide security. The hearing officer, at his discretion, may require a non-Commonwealth party submitting a request for a stay or supersedeas to provide a bond or other appropriate security, as determined by the Department hearing officer, for the satisfaction of the order if it is affirmed or if for any reason the appeal is dismissed, or for the satisfaction of any modification of the order and in either case costs, interest and damages for delay that may finally be awarded.

(3) Memorandum in opposition. Any party to a proceeding may file with the Office of the Docket Clerk a memorandum in opposition to a request for a stay or supersedeas within 10 days of the filing of the request.

(h) Dispositive motions.

(1) Dismissal. The Department hearing officer, on motion of a party, may dismiss the action in whole or in part:

(i) Whenever there is no genuine issue of material fact as to a necessary element of the cause of action or defense.

(ii) For failure to preserve the right to an appeal by a timely filing.

(iii) For mootness.

(iv) For any other reason appearing in the record.

(2) Supersession. This rule supersedes 1 Pa. Code § 35.180 (relating to action on motions).

(i) Appeal to the Secretary of a hearing officer’s order. Unless otherwise provided by this chapter, any appeal from an order rendered by the hearing officer shall be filed with the appropriate docket clerk within 30 days of the date the order is entered.

(j) Supplementation. This section supplements 1 Pa. Code § 35.123 (relating to the conduct of hearings).

The provisions of this § 491.6 issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.

The provisions of this § 491.6 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial page (219675).

History

• Authority: The provisions of this Chapter 491 issued under the Administrative Agency Law (71 P.
• Source: The provisions of this Chapter 491 adopted July 25, 1975, effective July 26, 1975, 5 Pa.

67 Pa. Code § 491.7 Filing requirements.

(a) Number of copies. The original and two conformed copies of briefs, pleadings or other documents relating to the case, subsequent to the written request for a hearing, together with a certificate of service showing service to all other parties, as required in § 491.8 (relating to service), shall be filed with the docket clerk who will date stamp them upon receipt and provide copies to the Department hearing officer.

(b) Telefacsimile and electronic transmission not accepted. A request for a hearing, subsequent correspondence, briefs, pleadings or other documents relating to the case will not be accepted for filing if received electronically or by telefacsimile.

(c) Supersession. This section supersedes 1 Pa. Code § 33.15 (relating to number of copies).

The provisions of this § 491.7 issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.

The provisions of this § 491.7 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial pages (219675) to (219676).

History

• Authority: The provisions of this Chapter 491 issued under the Administrative Agency Law (71 P.
• Source: The provisions of this Chapter 491 adopted July 25, 1975, effective July 26, 1975, 5 Pa.

67 Pa. Code § 491.8 Service.

One copy of all documents and pleadings filed subsequent to the written request for a hearing, together with a certificate of service showing service to all other parties, shall be served by parties in the proceeding. Service shall be accomplished in accordance with 1 Pa. Code § § 33.31—33.36.

The provisions of this § 491.8 issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.

The provisions of this § 491.8 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial page (219676).

This section cited in 67 Pa. Code § 491.7 (relating to filing requirements).

History

• Authority: The provisions of this Chapter 491 issued under the Administrative Agency Law (71 P.
• Source: The provisions of this Chapter 491 adopted July 25, 1975, effective July 26, 1975, 5 Pa.

67 Pa. Code § 491.9 Order to show cause.

(a) Initial request. When the Department files a written request for an order to show cause, that request shall be accompanied by a copy of the proposed order to show cause for the signature of the Department hearing officer.

(b) Notification to respondent. Upon the issuance of an order to show cause by the Department hearing officer, the docket clerk will forward a copy of the order to the respondent, directing the respondent to show cause why the subject action should not be taken by the Department.

(c) Content of request for an order to show cause. The request for an order to show cause shall set forth the grounds for the action to be taken and shall state the particulars concerning all matters relevant for framing the issues for consideration.

(d) Answer. The order to show cause shall include a notice to the respondent to answer, in writing, within 30 days of the date the notice was mailed. A respondent who fails to file an answer within 30 days of the mailing date of the notice shall be deemed to have waived objection to the Department’s proposed action.

(e) Notification to parties. Upon timely filing of an answer to an order to show cause, the docket clerk will notify all parties of referral of the matter to the Department hearing officer for the scheduling of a hearing.

(1) Timely filing of an answer to the order to show cause will not operate as an automatic stay or supersedeas of action taken by the Department prior or subsequent to the receipt of the order to show cause.

(2) Persons initiating a formal request for stay or supersedeas shall direct their applications to the Department hearing officer.

(f) Scheduling of hearing. The Department hearing officer will schedule a hearing and will direct the docket clerk to issue notice to all parties of the time and place of the hearing.

(g) Department hearing officer. The Department hearing officer will preside at the hearing or scheduled prehearing conference and will rule on questions regarding the admissibility of evidence or other matters relating to the conduct of the hearing.

(h) Waiver. Upon the failure of the respondent to file a timely answer to the order to show cause, the Department hearing officer may direct the docket clerk to send to all parties a notice that objections to the order to show cause are deemed irrevocably waived and the proposed action of the Department is deemed approved.

(i) Supplementation. This section supplements 1 Pa. Code § 35.14 (relating to orders to show cause).

The provisions of this § 491.9 issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.

The provisions of this § 491.9 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial pages (219676) to (219677).

This section cited in 67 Pa. Code § 491.4 (relating to institution of proceedings).

History

• Authority: The provisions of this Chapter 491 issued under the Administrative Agency Law (71 P.
• Source: The provisions of this Chapter 491 adopted July 25, 1975, effective July 26, 1975, 5 Pa.

67 Pa. Code § 491.10 Hearings.

(a) Recording. Upon the scheduling of a hearing, the docket clerk will arrange for a stenographer to record the testimony presented at the hearing.

(b) Presentation of evidence. The party with the burden of proof in a proceeding will proceed first with the presentation of evidence at a hearing.

(1) In matters involving the suspension or revocation of an existing permit, license or privilege by the Department, or the debarment of a contractor, the Department will proceed first with the presentation of evidence at the hearing.

(2) In matters involving the denial of an application for a permit, license, certificate, prequalification, privilege, credit toward suspension or other requested action by the Department, the permit or license applicant shall proceed first with the presentation of evidence at the hearing.

(3) In matters initiated by an intervener challenging the Department’s actions, the intervener shall proceed first with the presentation of evidence at the hearing.

(c) Authority of Department hearing officer. The Department hearing officer will preside at the hearing or scheduled prehearing conference and rule on questions regarding the admissibility of evidence or other matters relating to the conduct of the hearing.

(d) Findings of fact and conclusions of law. At the close of the hearing, the parties or other participants may, at the discretion of the Department hearing officer, be required or given an opportunity to file recommended findings of fact and conclusions of law, together with a brief or memorandum discussing the applicable law and relevant facts of record.

(e) Filing of hearing transcript. Upon the filing of the transcript of the hearing, the docket clerk shall mail notice of the date the transcript was filed to the parties.

(f) Supplementation. This section supplements 1 Pa. Code § § 35.123 and 35.125 (relating to the conduct of hearings; and the order of procedure).

The provisions of this § 491.10 issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.

The provisions of this § 491.10 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial pages (219677) to (219678).

History

• Authority: The provisions of this Chapter 491 issued under the Administrative Agency Law (71 P.
• Source: The provisions of this Chapter 491 adopted July 25, 1975, effective July 26, 1975, 5 Pa.

67 Pa. Code § 491.11 Proposed report.

(a) General. Following the hearing and the timely submission of any posthearing filings, the Department hearing officer will prepare and file a proposed report with the docket clerk.

(b) Contents. The proposed report shall contain:

(1) Findings of fact.

(2) A discussion of the applicable law and relevant evidence of record.

(3) Conclusions of law.

(4) An order.

(c) Notification. The docket clerk will forward copies of the proposed report to all parties of record.

(d) Supplementation. This section supplements 1 Pa. Code § § 35.201—35.207 (relating to proposed reports generally).

The provisions of this § 491.11 issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.

The provisions of this § 491.11 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial pages (219678) and (261441).

Notification

The administrative docket clerk’s act of mailing the proposed decision to the address listed on counsel’s praecipe for appearance was proper even though counsel had moved his office and even though he had sent letters to the Department of Transportation and to the Department’s counsel with the new address at the top of the page and he had received letters from the Department’s counsel at the new address, where the record showed that counsel never sent a letter to the administrative docket clerk specifically informing her that he had relocated to the new address and directing the clerk to send all future correspondence to that address. Media v. Department of Transportation, 727 A.2d 140 (Pa. Cmwlth. 1999).

History

• Authority: The provisions of this Chapter 491 issued under the Administrative Agency Law (71 P.
• Source: The provisions of this Chapter 491 adopted July 25, 1975, effective July 26, 1975, 5 Pa.

67 Pa. Code § 491.12 Exceptions.

(a) Filing. A party desiring to appeal to the Secretary may file exceptions to the proposed report within 30 days after the mailing date of the proposed report by the docket clerk.

(b) Reply. A party may file a reply to the exceptions filed by another party within 20 days of the filing date of exceptions filed by another party.

(c) Record. When timely exceptions are filed, the docket clerk will forward the following to the Secretary:

(1) The proposed report.

(2) The exceptions filed and replies thereto.

(3) The record in the case.

(4) A proposed order to grant or deny the exceptions, that is prepared for the Secretary’s signature.

(d) Waiver. If no party files exceptions to the proposed report within the time prescribed in subsection (a), those persons shall be deemed to have irrevocably waived objections to the proposed report, and the proposed report will be deemed approved by the Secretary.

(e) Supplementation. This section supplements 1 Pa. Code § § 35.211—35.214 (relating to exceptions to proposed reports).

The provisions of this § 491.12 issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.

The provisions of this § 491.12 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial page (261441).

History

• Authority: The provisions of this Chapter 491 issued under the Administrative Agency Law (71 P.
• Source: The provisions of this Chapter 491 adopted July 25, 1975, effective July 26, 1975, 5 Pa.

67 Pa. Code § 491.13 Transmittal of certified record upon appeal.

If a final order of the Secretary is appealed to Commonwealth Court under 42 Pa.C.S. § 763 (relating to direct appeals from government agencies), the docket clerk will prepare and forward the certified record to the clerk of Commonwealth Court.

The provisions of this § 491.13 issued under the Administrative Agency Law, 2 Pa.C.S. § § 501—508 and 701—704.

The provisions of this § 491.13 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial page (216442).

History

• Authority: The provisions of this Chapter 491 issued under the Administrative Agency Law (71 P.
• Source: The provisions of this Chapter 491 adopted July 25, 1975, effective July 26, 1975, 5 Pa.

Chapter 493 Service, Acceptance, and Use of Legal Process and Legal Proceedings

67 Pa. Code § 493.1 Purpose and policy.

(a) It is the purpose and policy of the Secretary of Transportation to make information available to the public to the greatest extent in keeping with the law the protection of private rights and the efficient conduct of public business.

(b) The provisions of this chapter are intended to control and regulate:

(1) Acceptance by Department employes of legal process and legal pleadings involving the Department.

(2) Testimony by Department employes as witnesses in legal proceedings.

(3) Production by Department employes of official records.

(c) The Chief Counsel, Deputy to the Chief Counsel, or an Assistant Chief Counsel may authorize a deviation from a policy or procedure as set forth in this chapter, but only when the deviation will not interfere with matters of operational necessity, and when:

(1) The deviation is necessary to prevent a miscarriage of justice.

(2) The Department has an interest in the decision that may be rendered in the legal proceeding.

(3) The deviation is in the best interests of transportation activities fostered by the Department or by the United States Government.

History

• Authority: The provisions of this Chapter 493 issued under sections 506 and 2001 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 493 adopted September 3, 1971, effective September 4, 1971, 1 Pa.

67 Pa. Code § 493.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Legal pleadings—The formal written statements of the parties to a legal proceeding regarding their respective claims and defenses, such as preliminary objections, answer, petition for rule to show cause, and the like. Legal process—The summons, complaint, petition for viewers or other similar pleading which initiates a legal proceeding. Subpoena—A court order requiring the appearance of one or more named persons at a specified time and place for the purpose of testifying in a matter before the court. Subpoena duces tecum—A court order requiring the custodian of specified documents to deliver them at a specified time and place for use as evidence in a matter before the court.

History

• Authority: The provisions of this Chapter 493 issued under sections 506 and 2001 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 493 adopted September 3, 1971, effective September 4, 1971, 1 Pa.

67 Pa. Code § 493.3 Service of legal process and legal pleadings.

(a) Legal process in a matter involving the Secretary of Transportation or the Department of Transportation shall be served only upon, and accepted only by, a staff attorney at one of the following Department Legal Offices:

(1) Office of Chief Counsel

Pennsylvania Department of Transportation

Commonwealth Keystone Building

400 North Street, 9th Floor

Harrisburg, PA 17120

Phone: (717) 787-5473

(2) Office of Chief Counsel

Pennsylvania Department of Transportation

Western Region

301 Fifth Avenue, Suite 210

Pittsburgh, PA 15222

Phone: (412) 565-7555

(3) Office of Chief Counsel

Pennsylvania Department of Transportation

B-2 State Office Building

100 Lackawanna

Scranton, PA 18503

Phone: (570) 963-4745

(4) Office of Chief Counsel

Pennsylvania Department of Transportation

7000 Geerdes Blvd. 4th Floor

King of Prussia, PA 19406

Phone: (610) 205-6600

(b) Legal pleadings in a matter involving the Secretary or the Department shall be served only upon and accepted only by the attorney who has entered his formal appearance for the Department; or, if no formal appearance has been entered, in the manner set forth in subsection (a), for service of legal process.

(c) Legal process and legal pleadings delivered to any Department office other than as specified in subsections (a) and (b), will not be accepted but will be received for forwarding to the Chief Counsel at Harrisburg. The employe who receives the legal process or legal pleading shall be deemed to be acting as agent of the process server in receiving and forwarding the document, and shall so inform him in the case of hand-delivered legal process or legal pleading.

(1) Whether hand-delivered or received in the mail, the receiving employe shall note on the document the information listed below, and forward it—without delay and without District Staff review—to the Chief Counsel, Commonwealth Keystone Building, 400 North Street, 9th Floor, Harrisburg, Pennsylvania 17120.

(i) An annotated copy of any document received in Districts 1, 10, 11, and 12 or in Clearfield (2-2), Cameron (2-4), McKean (2-5), Elk (2-8), Cambria (9-3), and Somerset (9-7) Counties, shall also be promptly forwarded to the Department’s Pittsburgh Legal Office.

(ii) An annotated copy of any document received in District 4 or in Monroe (5-4), Carbon (5-2), and Schuylkill (5-6) Counties, shall also be promptly forwarded to the Department’s Scranton Legal Office.

(iii) An annotated copy of any document received in District 6 shall also be promptly forwarded to the Department’s King of Prussia Legal Office.

(2) The following information shall be noted on the forwarded document:

(i) Name of receiving employe.

(ii) Departmental unit at which document was received.

(iii) Date and time of receipt.

(iv) Manner of delivery, that is, whether hand-delivered, first class mail, certified mail, or the like.

(v) A copy of the document may be made and retained for District Staff review, if desired.

(d) Upon receipt of the legal process or legal pleadings by the Chief Counsel or Staff Attorney, whether service was made directly under subsection (a) or (b) or indirectly under subsection (c), service will be accepted on behalf of the Secretary of Transportation and will be acknowledged in writing.

The provisions of this § 493.3 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772. Immediately preceding text appears at serial pages (287542) to (287593).

History

• Authority: The provisions of this Chapter 493 issued under sections 506 and 2001 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 493 adopted September 3, 1971, effective September 4, 1971, 1 Pa.

67 Pa. Code § 493.4 Subpoena of witnesses and production of records.

(a) Subpoena ad testificandum. Subpoena ad testificandum shall be served as follows:

(1) A subpoena ad testificandum issued in any action involving the Department or the official duties of an employe thereof shall be directed only to an employe who has detailed personal knowledge of the facts about which he is to testify and shall be personally served on the employe.

(2) Personal service of a subpoena ad testificandum may be waived by a Department staff attorney with the consent of the employe to whom it is directed, if circumstances warrant and if the Department and the employe will not be prejudiced by such waiver.

(b) Subpoena duces tecum. Subpoena duces tecum shall be served as follows:

(1) A subpoena duces tecum shall be directed to the custodian of the documents subpoenaed, as follows:

(i) The District Engineer of each Engineering District shall be the custodian of all documents housed in any District or County office under his jurisdiction.

(ii) The Director of each Central Office Bureau shall be the custodian of all documents housed in the Bureau office in Harrisburg.

(iii) The Secretary and each Deputy Secretary shall be the custodians of documents housed in their respective executive offices in Harrisburg.

(2) The custodian shall appoint a responsible employe of the Department to deliver subpoenaed documents and provide any necessary testimony relating to their custody and content.

(3) Service of a subpoena duces tecum may be waived by a Department staff attorney, in consultation with the custodian of the documents, if circumstances warrant and if the Department will not be prejudiced by such waiver.

(c) Serving the subpoena. Subpoenas shall be served at least 48 hours in advance of the time the employe will be required to testify to allow the Department and the employe to make necessary arrangements to cover the employe’s duties in his absence.

(1) The time stated for the employe’s appearance shall be pinpointed as accurately as possible in order to avoid undue disruption of official business.

(2) The witness fee for one day in court, plus roundtrip mileage, must be tendered with the subpoena.

(d) An employe who is served with a subpoena requiring his appearance in court or before any legislative committee, etc., in any action involving the Department or in connection with the employe’s official duties, shall telephone the Chief Counsel, Deputy to the Chief Counsel, Deputy Chief Counsel, or an Assistant Chief Counsel for instructions.

(1) If the production of records is demanded (subpoena duces tecum), the employe shall fully describe the type of records listed in the subpoena so it can be determined whether the records demanded should be produced.

(2) If compliance with a subpoena will adversely affect the performance of official duties or require the production of records that are not available for public disclosure, the Office of the Chief Counsel will move to have the subpoena withdrawn, quashed or modified.

(e) An employe testifying under subpoena is required to testify only to facts within his personal knowledge, and is not required to give his opinion as an expert in his particular field of knowledge. In order to avoid prejudicing the Department’s case, where it is a party, and to maintain the Department’s neutrality in private litigation, statements of opinion are to be avoided wherever possible.

(1) If an employe is questioned as to his opinion by anyone other than an attorney for the Department, he shall respectfully decline to answer on the grounds that he is forbidden to do so by this chapter. If he is, nonetheless, ordered to testify by the person or body conducting the proceeding, he shall do so.

(f) In an appropriate case, the Office of the Chief Counsel will provide legal representation for a subpoenaed employe.

History

• Authority: The provisions of this Chapter 493 issued under sections 506 and 2001 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 493 adopted September 3, 1971, effective September 4, 1971, 1 Pa.

67 Pa. Code § 493.5 Fees and costs.

(a) Payments for mileage and witness fees received by an employe when subpoenaed as a witness shall be paid over to the Department Comptroller, when time spent in court is during working hours and travel is at Department expense.

(b) The party issuing a subpoena duces tecum shall be billed for reproduction and other costs of preparing the documents subpoenaed.

History

• Authority: The provisions of this Chapter 493 issued under sections 506 and 2001 of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 493 adopted September 3, 1971, effective September 4, 1971, 1 Pa.

Chapter 495 Leasing of Real Property

67 Pa. Code § 495.1 Purpose and policy.

The provisions of this chapter are promulgated for the purpose of effecting the fair and uniform administration of the provisions of section 2002(c) of The Administrative Code of 1929 (71 P. S. § 512(c)), which authorizes the Secretary to lease real property acquired for any State-designated highway or other transportation facility as is not required for the free movement of traffic, including area above, beneath, and outside the traveled way, as well as area required but not yet utilized for construction or reconstruction of a transportation facility.

The provisions of this § 495.1 adopted May 9, 1975, effective May 10, 1975, 5 Pa.B. 1230; readopted August 5, 1988, effective August 6, 1988, 18 Pa.B. 3434. Immediately preceding text appears at serial page (113705).

History

• Authority: The provisions of this Chapter 495 issued under section 2002(c) and (d) of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 495 adopted May 9, 1975, effective May 10, 1975, 5 Pa.

67 Pa. Code § 495.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Department—The Department of Transportation of the Commonwealth. Private entity—A person, including but not limited to, a corporation, partnership or an association, which is not a public agency. Public agency—The Commonwealth and its Departments, Boards or Commissions; the Commonwealth’s political subdivisions, instrumentalities, agencies, municipalities, nonprofit industrial development authorities and agencies, and redevelopment authorities; and the Government of the United States and its instrumentalities or agencies. Real property—Land and estates or interests therein, including, without limitation, estates, rights and interests in the air space above and in the space below the surface of the ground. Secretary—The Secretary of the Department.

The provisions of this § 495.2 adopted May 9, 1975, effective May 10, 1975, 5 Pa.B. 1230; amended September 23, 1983, effective September 24, 1983, 13 Pa.B. 2893; readopted August 5, 1988, effective August 6, 1988, 18 Pa.B. 3434. Immediately preceding text appears at serial pages (113705) to (113706).

History

• Authority: The provisions of this Chapter 495 issued under section 2002(c) and (d) of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 495 adopted May 9, 1975, effective May 10, 1975, 5 Pa.

67 Pa. Code § 495.4 Application procedure.

(a) General rule. At the time of the filing of its application for a lease, the applicant shall give notice by registered or certified mail to the municipality and the school district in which the real property is located of the fact that it has filed an application with the Department. The notice shall state the name of the proposed lessee and sublessees, the location of the real property for which a lease has been requested, and the proposed use of the real property to be leased. Within 30 days of receipt of the application, the Department will give the applicant written notice of additional public agencies, if any, which the applicant shall also be required to notify by registered or certified mail. In the absence of such notice, the applicant shall not be required to give further notice of the filing of the application. Copies of notices required to be given by the applicant under this subsection shall be filed with the Department.

(b) Subleases. If the applicant proposes to sublease the property, the application shall indicate the manner in which the sublessees have been or will be selected. The manner of selection shall be fair and equitable and satisfactory to the Department.

(c) Content. Applications shall be made in writing to the District Engineer of the Department’s Engineering District in which the real property is located. The application shall describe the use intended to be made of the real property, including all improvements to be installed or affected by such proposed use, and shall have attached thereto as an exhibit a site plan describing the proposed use.

(d) Notice. Promptly upon receipt of an application, the Secretary will cause notice of the filing of the application to be published in the Pennsylvania Bulletin. The notice will identify the applicant and the location and the uses proposed to be made of the real property. The notice will provide further that persons objecting on the grounds of public or private interest to the approval of the application may file, within 30 days from the date of the issue of the Pennsylvania Bulletin in which notice of application appears, a written protest with the Department in sufficient detail to inform the Department of the exact basis of the protest and the relevant facts upon which it is based.

The provisions of this § 495.4 adopted May 9, 1975, effective May 10, 1975, 5 Pa.B. 1230; amended September 23, 1983, effective September 24, 1983, 13 Pa.B. 2893; readopted August 5, 1988, effective August 6, 1988, 18 Pa.B. 3434. Immediately preceding text appears at serial pages (113706) to (113707).

History

• Authority: The provisions of this Chapter 495 issued under section 2002(c) and (d) of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 495 adopted May 9, 1975, effective May 10, 1975, 5 Pa.

67 Pa. Code § 495.5 Review of application.

(a) If, after review by the appropriate members of his staff, the application is approved by the District Engineer, it will be forwarded by the District Engineer to the Chief, Right-of-Way and Utilities Division, Bureau of Design, with copies to the Highway Quality Control Division and the Center for Program Development and Management, Bureau of Strategic Planning.

(b) The Right-of-Way and Utilities Division will be responsible for obtaining approval from the Highway Quality Control Division and the Center for Program Development and Management, Bureau of Strategic Planning, and the Federal Highway Administration, if required.

(c) If the proposed lease is approved by the aforesaid Bureaus, and, if required, by the Federal Highway Administration, the Right-of-Way and Utilities Division, with the assistance of the Office of Chief Counsel, will prepare a lease and forward it to the District Right-of-Way and Utilities Administrator for execution by the lessee.

(d) Upon execution by the lessee, the lease will be returned by the District Right-of-Way and Utilities Administrator to the Chief, Right-of-Way and Utilities Division, Bureau of Design, for execution by a Deputy Secretary of Transportation.

The provisions of this § 495.5 adopted May 9, 1975, effective May 10, 1975, 5 Pa.B. 1230; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3095; readopted August 5, 1988, effective August 6, 1988, 18 Pa.B. 3434. Immediately preceding text appears at serial page (113707).

History

• Authority: The provisions of this Chapter 495 issued under section 2002(c) and (d) of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 495 adopted May 9, 1975, effective May 10, 1975, 5 Pa.

67 Pa. Code § 495.6 Terms.

(a) Rental. In determining the annual rental to be paid by the lessee, the Department will take into account all relevant factors, including the character and nature of the lessee and proposed sublessees, the rental customarily charged for other rental properties in the vicinity used for similar purposes, and any public purpose to be served or advanced by the intended use of the real property.

(b) Federal, State, and local statutes and regulations. Leases will be subject to applicable Federal, State and local statutes, ordinances, regulations, comprehensive planning, and zoning; and the lessee and sublessees shall be responsible for compliance therewith and for payment of costs of compliance including but not limited to, preparation of required environmental statements and providing notice of opportunity for and holding of public hearings.

(c) Exempt from claims. The lessee and a sublessee will be required to hold the Department and its employes harmless from claims which may accrue on account of the use of the real property by the lessee or sublessee and shall be required to purchase insurance against injury to persons and damage to property in an amount as the Department deems reasonably necessary.

(d) Improvements to property. Upon termination of the lease, the lessee and sublessees shall, at the option of the Department, abandon improvements they may have made to the real property or restore the premises to their previous condition. The Department may require the posting of a bond, in an amount as the Department deems necessary, to insure compliance with this and other terms of the lease.

(e) Termination. Leases and subleases shall be subject to the Secretary’s right of termination upon prior written notice to the lessee and sublessees when, in the opinion of the Secretary, the real property subject to the lease is required to improve safety or flow of traffic.

(1) Upon such termination the Department will pay damages to the lessee and sublessees as may be provided in the lease; or, absent a damages provision in the lease, the Department will pay damages as the Secretary determines to be reasonable under the circumstances, taking into account relevant factors, including the initial cost of the improvements located on the real property and repairs and replacements thereof, the age of improvements, the replacement cost thereof, and the cost of removal of improvements by the lessee or sublessees. Neither the lessee nor sublessees shall be entitled to damages on account of termination other than those provided in this paragraph.

(2) Upon termination by the Secretary under this subsection, the Department will use its best efforts to provide the lessee and sublessees with other leased premises on real property held by the Department in which they may relocate their improvements and upon which they may continue to conduct the activities or businesses which were carried on at the former site prior to termination.

(f) Use of premises. Use of premises shall be subject to the following conditions:

(1) If the Department has only an aerial easement, no lease may be entered into under this chapter.

(2) If the Department has an easement for highway purposes, only highway-related uses may be made of the leased premises, for example, public parking with or without charge, unless the lessee or sublessee is the owner of the underlying fee, in which case paragraph (3) applies.

(3) If the Department holds title in fee simple, any use may be made of the leased premises which the Department determines to be consistent with the public interest and not inconsistent with the Department’s use of its facilities.

(g) Repossession. The Department will be entitled to repossess the premises upon violation by the lessee or sublessee of a term of the lease.

The provisions of this § 495.6 adopted May 9, 1975, effective May 10, 1975, 5 Pa.B. 1230; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3095; amended August 15, 1980, effective August 16, 1980, 10 Pa.B. 3392; amended September 23, 1983, effective September 24, 1983, 13 Pa.B. 2983; readopted August 5, 1988, effective August 6, 1988, 18 Pa.B. 3434. Immediately preceding text appears at serial pages (113707) to (113709).

Acquisition of fee underlying previously acquired easement for purposes of leasing to public authority for construction of a parking garage was an acquisition of land for a ‘‘transportation purpose,’’ where said action was integral part of highway project. Miller v. Department of Transportation, 498 A.2d 1370 (Pa. Cmwlth. 1985).

The fact that 67 Pa. Code § 495.6(f) characterizes ‘‘public parking’’ as a ‘‘highway related use’’ supports the conclusion that for purposes of section 2003(e)(i) of The Administrative Code of 1929 (71 P. S. § 513), ‘‘transportation purposes’’ includes transportation related activities such as construction and operation of a parking garage. Miller v. Department of Transportation, 498 A.2d 1370 (Pa. Cmwlth. 1985).

Lease of property to a third party for use as a surface parking lot is a use specifically permitted by 67 Pa. Code § 495.6(f) and does not constitute abandonment of the easement which had been acquired by the Department. Miller v. Department of Transportation, 498 A.2d 1370 (Pa. Cmwlth. 1985).

Department of Transportation was not required to offer property for public sale under section 2003(e) of The Administrative Code of 1929 (71 P. S. § 513) (where Secretary determines land not needed for transportation purposes), since proposed lease to Philadelphia Parking Authority for construction of parking garage is characterized as a ‘‘highway related use’’ under 67 Pa. Code § 495.6(f) and such characterization would be inconsistent with a determination under section 2003(e) that the land was not needed for transportation purposes. E-Z Parks, Inc. v. Larson, 498 A.2d 1364 (Pa. Cmwlth. 1985); affirmed 503 A.2d 931 (Pa. 1986).

History

• Authority: The provisions of this Chapter 495 issued under section 2002(c) and (d) of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 495 adopted May 9, 1975, effective May 10, 1975, 5 Pa.

67 Pa. Code § 495.7 Temporary use of right-of-way.

(a) General rule. The district engineer shall be authorized to permit temporary use by public agencies and charitable organizations of right-of-way not required for free movement of traffic.

(b) Duration. A permit for temporary use of right-of-way may not exceed 90 days’ duration.

The provisions of this § 495.7 adopted May 9, 1975, effective May 10, 1975, 5 Pa.B. 1230; readopted August 5, 1988, effective August 6, 1988, 18 Pa.B. 3434. Immediately preceding text appears at serial page (113709).

History

• Authority: The provisions of this Chapter 495 issued under section 2002(c) and (d) of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 495 adopted May 9, 1975, effective May 10, 1975, 5 Pa.

67 Pa. Code § 495.8 Interim leases before construction.

(a) Responsibility of Right-of-Way Division. The Right-of-Way Division is responsible for the leasing of property during the interim period between property acquisition and construction, under procedures outlined in the Department of Transportation Right-of-Way Manual.

(b) Terms. Interim leases shall ordinarily be on a month-to-month basis, and rentals shall be based on fair market value, as determined by the Right-of-Way Division. Other terms shall be as prescribed in the Right-of-Way Manual.

(c) Execution of interim leases. The Chief, Right-of-Way Division, Bureau of Highway Services, is authorized to execute interim leases on behalf of the Department.

The provisions of this § 495.8 adopted May 9, 1975, effective May 10, 1975, 5 Pa.B. 1230; amended September 23, 1983, effective September 24, 1983, 13 Pa.B. 9283; readopted August 5, 1988, effective August 6, 1988, 18 Pa.B. 3434. Immediately preceding text appears at serial page (113710).

History

• Authority: The provisions of this Chapter 495 issued under section 2002(c) and (d) of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 495 adopted May 9, 1975, effective May 10, 1975, 5 Pa.

67 Pa. Code § 495.9 Payments in lieu of taxes.

(a) General rule. Lessees other than public agencies shall be required to make payments in lieu of taxes to the political subdivision in which the property is located if the political subdivision bills each lessee directly and if the billing is based upon a reassessment of the property reflecting change in value caused by construction of the highway or other transportation facility.

(b) Failure to pay. Failure of a lessee to make payments in lieu of taxes may be considered a breach of the lease.

The provisions of this § 495.9 adopted May 9, 1975, effective May 10, 1975, 5 Pa.B. 1230; amended September 23, 1983, effective September 24, 1983, 13 Pa.B. 2893; readopted August 5, 1988, effective August 6, 1988, 18 Pa.B. 3434. Immediately preceding text appears at serial page (113710).

History

• Authority: The provisions of this Chapter 495 issued under section 2002(c) and (d) of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 495 adopted May 9, 1975, effective May 10, 1975, 5 Pa.

67 Pa. Code § 495.10 Waiver of compliance with regulations.

Upon a showing of good cause by an applicant, lessee or sublessee, the Secretary may waive compliance with the provisions of this chapter as in his opinion shall be appropriate under the circumstances; provided, however, that his intention to waive the compliance and the reasons therefor shall be published in the Pennsylvania Bulletin at least 30 days in advance of the waiver.

The provisions of this § 495.10 adopted May 9, 1975, effective May 10, 1975, 5 Pa.B. 1230; readopted August 5, 1988, effective August 6, 1988, 18 Pa.B. 3434. Immediately preceding text appears at serial page (113710).

History

• Authority: The provisions of this Chapter 495 issued under section 2002(c) and (d) of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 495 adopted May 9, 1975, effective May 10, 1975, 5 Pa.

Part II Turnpike Commission

Chapter 601 Traffic Regulations

67 Pa. Code § 601.1 Definitions.

The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Acceleration lane—A speed change lane for the purpose of:

(i) Enabling a vehicle entering a roadway to increase its speed to a rate at which it can safely merge with through traffic.

(ii) Providing the necessary merging distance.

(iii) Giving the main roadway traffic the necessary time and distance to make appropriate adjustments. Commission—The Pennsylvania Turnpike Commission. Deceleration lane—The portion of the roadway adjoining the traveled way constructed for the purpose of enabling a vehicle that is exiting a roadway to slow to a safe speed after it has left the mainstream of traffic. Hazardous material—An explosive, blasting agent, flammable liquid, combustible liquid, flammable solid, flammable and nonflammable compressed gas, corrosive material, poison, poison gas, irritant, oxidizer, organic peroxide, radioactive material, etiologic agent or other regulated material defined in 49 CFR Chapter I (relating to pipeline and hazardous materials safety administration, Department of Transportation) whether a material, a substance or a waste product. Over-dimensional/overweight vehicle—A vehicle or combination of vehicles, including the load carried thereon, which exceeds any one of the following: 100,000 pounds in maximum gross weight, 22,400 pounds maximum gross weight carried upon any one axle, 13 feet 6 inches in height, 10 feet in width, 85 feet in overall length, or which has a load or part thereof extending 5 feet or more beyond the front bumper or 15 feet or more beyond the rear bumper. The front and rear overhang of stinger steered vehicles, as defined in 23 CFR 658.13(e) (relating to length), may not be included in calculating the overall length of the stinger steered vehicle, as long as the front overhang does not exceed 3 feet and the rear overhang does not exceed 4 feet. Recreational vehicle—A multipurpose passenger vehicle that provides living accommodations for persons or an apportionable vehicle designed or converted and used exclusively for personal pleasure or travel by an individual or the individual’s family. Shoulder—The portion of the highway, contiguous to the roadway, for accommodation of stopped vehicles, for emergency use and for lateral support of the roadway. Tandem—A truck tractor, semitrailer and trailer. Traffic lane—A strip of roadway intended to accommodate the forward movement of a single line of vehicles. Turnpike System—The limited access highway maintained and constructed by the Commission, extending eastward from the Ohio line to the New Jersey line and northward from a point near Norristown, Pennsylvania to a point near Scranton, Pennsylvania and other extensions thereto, which have been or may hereafter be designated as part of the Turnpike System by the Legislature. Unsafe vehicle—A vehicle which does not comply with Chapter 175 (relating to vehicle equipment and inspection) or with an equipment requirement of this part, or a vehicle which poses a driving hazard to the vehicle’s occupants or to other motorists.

The provisions of this § 601.1 amended under sections 4 and 12 of the act of May 21, 1937 (P.L. 774, No. 211) (36 P.S. § § 652d and 652l), 74 Pa.C.S. § § 8102, 8107, 8116 and 8117; and 75 Pa.C.S. § § 6110 and 6110.1.

The provisions of this § 601.1 adopted August 5, 1977, effective August 6, 1977, 7 Pa.B. 2196; amended October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321; amended June 23, 2000, effective June 24, 2000, 30 Pa.B. 3175; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7489. Immediately preceding text appears at serial pages (400464) and (267403).

This section cited in 67 Pa. Code § 601.15 (relating to vehicles excluded from the Turnpike).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.2 Authority.

Except as specifically modified in this part, 75 Pa.C.S. (relating to the Vehicle Code), applies to the operation of a vehicle on the Turnpike System.

The provisions of this § 601.2 adopted August 5, 1977, effective August 6, 1977, 7 Pa.B. 2196; amended October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321. Immediately preceding text appears at serial page (83828).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.3 Officers.

A driver of a motor vehicle and other persons using or traveling upon the Turnpike System shall obey the signs, signals and oral directions rendered by officers, employees, independent contractors or agents of the Commission, including the Pennsylvania State Police.

The provisions of this § 601.3 amended under sections 4 and 12 of the act of May 21, 1937 (P.L. 774, No. 211) (36 P.S. § § 652d and 652l), 74 Pa.C.S. § § 8102, 8107, 8116 and 8117; and 75 Pa.C.S. § § 6110 and 6110.1.

The provisions of this § 601.3 adopted August 5, 1977, effective August 6, 1977, 7 Pa.B. 2196; amended October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7489. Immediately preceding text appears at serial pages (267403) to (267404).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.4 Speed limits.

(a) A vehicle shall be limited to a maximum posted speed limit. The minimum speed for a vehicle on the Turnpike is 15 miles per hour below the posted speed limit, except as noted otherwise.

(b) The Commission, in cooperation with the State Police, has the authority to temporarily reduce speed limits on a part of the Turnpike System where hazardous conditions warrant the reduction in speed or where the reduction is necessary for construction or maintenance operations.

The provisions of this § 601.4 adopted October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321; amended June 23, 2000, effective June 24, 2000, 30 Pa.B. 3175. Immediately preceding text appears at serial page (254138).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.5 Hazardous materials.

(a) Hazardous materials may be transported, under the required Federal permits, on the Turnpike System, if the shipments are in full compliance with 10 CFR Part 71 (relating to packaging and transportation of radioactive material), 49 CFR Chapter I, Subchapter C (relating to hazardous materials regulations), 49 CFR Parts 390—397, regarding Federal motor carrier safety regulations, and other Federal or State laws or regulations relating to the transportation of hazardous materials.

(b) A transporter of hazardous materials shall carry the required Federal permits while traveling on the Turnpike System and shall present the permits upon demand to any Commission employee or the Pennsylvania State Police.

(c) Explosives Divisions 1.1, 1.2, 1.3 and Radioactive materials as defined in 49 CFR 173.50 and 173.403, respectively (relating to Class 1—definitions; and definitions) are prohibited from being transported on the Turnpike System in tandem trailer combinations.

(d) The total volume of material in a tandem combination may not exceed the total volume that could be carried in a single trailer.

(e) The following materials are prohibited, prohibited in bulk packaging or permitted in Commission tunnels under the following chart. Bulk packaging is defined in 49 CFR 171.8 (relating to definitions and abbreviations).

The provisions of this § 601.5 amended under sections 4 and 12 of the act of May 21, 1937 (P.L. 774, No. 211) (36 P.S. § § 652d and 652l), 74 Pa.C.S. § § 8102, 8107, 8116 and 8117; and 75 Pa.C.S. § § 6110 and 6110.1.

The provisions of this § 601.5 adopted August 5, 1977, effective August 6, 1977, 7 Pa.B. 2196; amended October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321; amended June 23, 2000, effective June 24, 2000, 30 Pa.B. 3175; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7489. Immediately preceding text appears at serial pages (267404) to (267406).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.6 Parking, stopping, loading or unloading.

(a) A vehicle may not be stopped, left standing, parked, loaded or unloaded on a traffic, acceleration or deceleration lane, or on the shoulder adjacent thereto. In case of emergency only, parking, stopping, standing, loading or unloading of a vehicle is permitted on the shoulder to the right of the travel lanes facing with the direction of travel when the wheels of the vehicle and the projecting parts of the body or load are safely off and to the right of the travel lanes. Parking, standing, stopping, loading or unloading on the shoulders is not permitted at:

(1) A bridge or structure.

(2) In front of a service station between the traffic lanes and the station area.

(3) A place where a sign prohibiting is posted.

(b) A vehicle otherwise permitted to park off the traffic, deceleration or acceleration lanes may not remain there longer than necessary to meet the emergency. A vehicle will not be permitted to remain anywhere on the Turnpike System longer than 24 hours. A vehicle remaining on the Turnpike System for more than 24 hours will be deemed to be abandoned and may immediately be removed by, or at the direction of, the State Police to the contract garage providing service for that area or to a nearby licensed salvor, at the owner’s expense. The State Police will then promptly notify the registered owner of the vehicle by certified mail of its action, designating the milepost from which the vehicle is removed, the reason for its removal and the location of the contract garage to which it was removed. In the interest of safety, the Commission has the right to immediately remove any vehicle from a portion of the Turnpike traffic lanes, shoulders or other part of the Turnpike System.

The provisions of this § 601.6 adopted August 5, 1977, effective August 6, 1977, 7 Pa.B. 2196; amended October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321; amended June 23, 2000, effective June 24, 2000, 30 Pa.B. 3175. Immediately preceding text appears at serial pages (254139) to (254140).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.7 Parking.

A person may not park or leave a vehicle standing on the Turnpike System for the purpose of demonstrating, striking or other similar purpose.

The provisions of this § 601.7 adopted August 5, 1977, effective August 6, 1977, 7 Pa.B. 2196; amended October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321. Immediately preceding text appears at serial page (83830).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.8 Crossing median strip.

(a) The median strip is the area between the traffic lanes and is intended to separate traffic proceeding in opposite directions. Except as directed by traffic signs, Turnpike personnel or State Police, the following acts are prohibited:

(1) Crossing the median strip at any point.

(2) Driving on the median strip.

(3) Parking, standing, loading, unloading or stopping on the median strip.

(b) This section does not apply to police, emergency or other authorized vehicles.

The provisions of this § 601.8 adopted August 5, 1977, effective August 6, 1977, 7 Pa.B. 2196; amended October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321. Immediately preceding text appears at serial page (83830).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.9 U-turns.

The making of a U-turn on the Turnpike System is prohibited except by authorized vehicles. A driver of a motor vehicle may reverse direction of travel only by passing through an interchange or other tolling point. The Pennsylvania State Police may authorize a U-turn in an emergency and other personnel authorized by the Commission may authorize a U-turn when necessary.

The provisions of this § 601.9 amended under sections 4 and 12 of the act of May 21, 1937 (P.L. 774, No. 211) (36 P.S. § § 652d and 652l), 74 Pa.C.S. § § 8102, 8107, 8116 and 8117; and 75 Pa.C.S. § § 6110 and 6110.1.

The provisions of this § 601.9 adopted August 5, 1977, effective August 6, 1977, 7 Pa.B. 2196; amended October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321; amended June 23, 2000, effective June 24, 2000, 30 Pa.B. 3175; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7489. Immediately preceding text appears at serial page (267407).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.10 Pedestrian travel.

Pedestrian travel or entry upon the right-of-way of the Turnpike System is prohibited.

The provisions of this § 601.10 adopted August 5, 1977, effective August 6, 1977, 7 Pa.B. 2196; amended October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321. Immediately preceding text appears at serial page (83830).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.11 Hitchhiking.

The solicitation for a ride, commonly known as ‘‘hitchhiking,’’ is prohibited, and stopping or allowing a vehicle to be standing while hitchhikers board is also prohibited.

The provisions of this § 601.11 adopted August 5, 1977, effective August 6, 1977, 7 Pa.B. 2196; amended January 22, 1982, effective January 23, 1982, 12 Pa.B. 396; amended October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321. Immediately preceding text appears at serial pages (83830) to (83831).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.12 Toll collection.

Vehicles that travel on the Turnpike System, unless otherwise authorized, shall pay a toll through any of the following:

(1) Electronic toll collection, as defined in 74 Pa.C.S. § 8102 (relating to definitions).

(2) By license plate tolling with an invoice sent to the vehicle’s registered owner, as authorized in 74 Pa.C.S. § 8116 (relating to collection and disposition of tolls and other revenue).

(3) Other technology which identifies a vehicle by photographic, electronic or other method, as authorized in 74 Pa.C.S. § 8116.

The provisions of this § 601.12 amended under sections 4 and 12 of the act of May 21, 1937 (P.L. 774, No. 211) (36 P.S. § § 652d and 652l), 74 Pa.C.S. § § 8102, 8107, 8116 and 8117; and 75 Pa.C.S. § § 6110 and 6110.1.

The provisions of this § 601.12 adopted August 5, 1977, effective August 6, 1977, 7 Pa.B. 2196; amended October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7489. Immediately preceding text appears at serial page (267408).

This section cited in 67 Pa. Code § 601.13 (relating to evasion of fare).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.13 Evasion of fare.

(a) Evasion of fare or attempted evasion of fare is prohibited and constitutes a summary offense unless a person intentionally or knowingly takes an affirmative action as defined in 75 Pa.C.S. § 6110.1(f) (relating to fare evasion) in an attempt to evade tolls, in which case the offense constitutes a misdemeanor of the third degree. Fines for evasion of fare, attempted evasion of fare and affirmative action are imposed by 75 Pa.C.S. § 6110.1(a) and (b).

(b) Evasion of fare or attempted evasion of fare includes the following:

(1) [Reserved].

(2) [Reserved].

(3) [Reserved].

(4) [Reserved].

(5) [Reserved].

(6) The failure by a person to pay the prescribed toll as indicated in § 601.12 (relating to toll collection).

(7) [Reserved].

(8) [Reserved].

(c) As used in this section, the term ‘‘affirmative action,’’ as defined in 75 Pa.C.S. § 6110.1(f), includes:

(1) Operating a vehicle without a license plate and valid vehicle registration;

(2) Operating a vehicle without a valid electronic toll collection device, as defined in 74 Pa.C.S. § 8102 (relating to definitions), and installing a mechanism which rotates, changes, blocks or otherwise mechanically alters the ability of a license plate to be read by a toll collection system;

(3) Installing a device upon a vehicle which serves the sole purpose of masking, hiding or manipulating the true weight of the vehicle as it appears to a mechanical scale;

(4) Conspiring with an individual or group of individuals to alter, lower or evade payment of correct tolls;

(5) Unauthorized use of a Turnpike System private gate access or otherwise unauthorized movement entering or exiting the Turnpike System other than at approved tolling points; and

(6) Operating a vehicle without a valid electronic toll collection device and altering, obstructing, covering, distorting, manipulating or removing a license plate from a vehicle to impede electronic toll collection, as defined in 74 Pa.C.S. § 8102.

The provisions of this § 601.13 amended under sections 4 and 12 of the act of May 21, 1937 (P.L. 774, No. 211) (36 P.S. § § 652d and 652l), 74 Pa.C.S. § § 8102, 8107, 8116 and 8117; and 75 Pa.C.S. § § 6110 and 6110.1.

The provisions of this § 601.13 adopted May 28, 1982, effective May 29, 1982, 12 Pa.B. 1701; amended October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7489. Immediately preceding text appears at serial pages (267408) to (267409).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.14 Over-dimensional/overweight vehicles.

(a) Prior to entering the Turnpike System, operators of over-dimensional/overweight vehicles shall request and obtain a special hauling permit according to Commission policies and procedures and pay all applicable fees. The requester must apply online at the Commission’s web site, www.paturnpike.com, which contains all of the current policies and procedures for obtaining a special hauling permit.

(b) The requester shall be prepared to provide the following information:

(1) The size, weight and number of axles of the over-dimensional/overweight vehicle.

(2) The name, address and telephone number of the carrier.

(3) The planned entry and exit interchange.

(4) The planned date of movement.

(5) Other information which may be requested by the Commission.

(c) If approved, the Commission will provide the requester with proof of a valid special hauling permit that the operator shall produce upon request from the Pennsylvania State Police or a Commission employee at any point during permitted travel on the Turnpike System.

(d) Based on Commission policies and procedures, operators of over-dimensional/overweight vehicles with excessive width, length, height or weight, or at the discretion of the Commission, may be required to provide an escort vehicle or have a Pennsylvania State Police escort, or both, for movement on the Turnpike System.

(e) Over-dimensional/overweight vehicles may travel on the Turnpike System only on days and at times designated by the Commission. The Commission will provide schedules and additional information according to policies and procedures.

(f) If the operator is unable to travel on the planned dates of movement, or the special hauling permit is cancelled, the requester shall notify the Commission according to policies and procedures.

The provisions of this § 601.14 amended under sections 4 and 12 of the act of May 21, 1937 (P.L. 774, No. 211) (36 P.S. § § 652d and 652l), 74 Pa.C.S. § § 8102, 8107, 8116 and 8117; and 75 Pa.C.S. § § 6110 and 6110.1.

The provisions of this § 601.14 adopted October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7489. Immediately preceding text appears at serial page (267409).

This section cited in 67 Pa. Code § 601.15 (relating to vehicles excluded from the Turnpike).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.15 Vehicles excluded from the Turnpike.

(a) During adverse weather or travel conditions, recreational vehicles, motorcycles, vehicles towing trailers, tandem trailers, buses and over-dimensional/overweight vehicles may be excluded from parts or all of the Turnpike System. Vehicles may be excluded from the Turnpike System to effect proper snow removal or to remedy hazardous situations. Unsafe vehicles may be excluded at any time.

(b) Over-dimensional/overweight vehicles are prohibited from using the Turnpike System except by special hauling permit issued from the Commission, as indicated in § § 601.1 and 601.14 (relating to definitions; and over-dimensional/overweight vehicles).

(c) Vehicles which are not capable of maintaining a speed of at least 15 miles per hour below the posted speed limit on level roadway are prohibited from using the Turnpike System.

(d) Nonmotorized vehicles are not permitted to be operated on the Turnpike System.

The provisions of this § 601.15 amended under sections 4 and 12 of the act of May 21, 1937 (P.L. 774, No. 211) (36 P.S. § § 652d and 652l), 74 Pa.C.S. § § 8102, 8107, 8116 and 8117; and 75 Pa.C.S. § § 6110 and 6110.1.

The provisions of this § 601.15 adopted October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321; amended June 23, 2000, effective June 24, 2000, 30 Pa.B. 3175; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7489. Immediately preceding text appears at serial pages (267409) to (267410).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.16 Penalties.

A person violating a provision of this part for which no penalty has otherwise been provided by statute is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $25.

The provisions of this § 601.16 adopted October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321.

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.17 Authorized vehicle.

(a) For the purposes of this chapter, the term ‘‘authorized vehicle’’ shall be defined as follows:

(1) A vehicle which carries the Commission seal, including automobiles and construction and maintenance vehicles.

(2) A vehicle owned by the Commission which does not carry the Turnpike seal.

(3) A vehicle driven by a Commission employee used in an official capacity and in the performance of employment.

(4) A vehicle of the Commission’s Consulting Engineer utilized in the furtherance of the Consulting Engineer’s duties, under the Trust Indenture.

(5) A vehicle of a consultant under contract with the Commission utilized in the furtherance of the consultant’s duties under the Commission contract.

(6) A towing or wrecking vehicle which meets the following conditions:

(i) Through contract with the Commission as an authorized service provider and the vehicle displays that designation.

(ii) Is called by an authorized employee of the Commission or the Pennsylvania State Police to perform special clean-up or towing services.

(7) A construction vehicle owned, leased or operated by a company performing a construction contract for the Commission which is operating within the terms of the contract.

(8) A vehicle which has obtained prior permission from the Commission and is moving under the supervision of the Pennsylvania State Police in executing the otherwise restricted activity.

(9) A vehicle operated by the State Police.

(b) An authorized vehicle under this section has the same rights and privileges accorded by statute, rule or regulation to a vehicle designated as authorized by the Department of Transportation.

(c) An authorized vehicle under this section may, at the Commission’s discretion, carry flashing or revolving yellow or amber lights, lighted arrowboards and other warning devices for traffic control at accident scenes or in other emergency situations.

The provisions of this § 601.17 amended under sections 4 and 12 of the act of May 21, 1937 (P.L. 774, No. 211) (36 P.S. § § 652d and 652l), 74 Pa.C.S. § § 8102, 8107, 8116 and 8117; and 75 Pa.C.S. § § 6110 and 6110.1.

The provisions of this § 601.17 adopted October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7489. Immediately preceding text appears at serial pages (267410) and (400465).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.18 Accident prevention investigations.

(a) The Commission may conduct in-depth accident investigations and safety studies of the human, vehicle and environmental aspects of traffic accidents for the purpose of determining the cause of traffic accidents and the improvements which may help prevent similar types of accidents or increase the overall safety of the Turnpike roadway and bridges.

(b) In-depth accident investigations and safety studies and information, records and reports used in their preparation are not discoverable or admissible as evidence in any civil action or proceeding. Officers or employees or the agencies charged with the development, procurement or custody of in-depth accident investigations and safety study records and reports are not required to give depositions or evidence pertaining to anything contained in the in-depth accident investigations or safety study records or reports in any civil action or other proceeding.

The provisions of this § 601.18 amended under sections 4 and 12 of the act of May 21, 1937 (P.L. 774, No. 211) (36 P.S. § § 652d and 652l), 74 Pa.C.S. § § 8102, 8107, 8116 and 8117; and 75 Pa.C.S. § § 6110 and 6110.1.

The provisions of this § 601.18 adopted June 23, 2000, effective June 24, 2000, 30 Pa.B. 3175; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7489. Immediately preceding text appears at serial page (400465).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.19 Automated speed enforcement systems.

For purposes of implementing the provisions of 75 Pa.C.S. § 3369 (relating to automated speed enforcement systems in active work zones) as they relate to the approval, testing, certification, calibration and use of automated speed enforcement systems, the Commission incorporates by reference the temporary regulations of the Department of Transportation in Chapter 105a (relating to automated speed enforcement systems—temporary regulations) in effect on December 21, 2019.

The temporary provisions of this § 601.19 issued under 75 Pa.C.S. § 3369.

The temporary provisions of this § 601.19 adopted January 24, 2020, effective January 25, 2020, expire at the end of 5 years, 50 Pa.B. 545.

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.101 Length limit for tandems.

A semitrailer, or the trailer of a tandem trailer combination, may not be longer than 28 1/2 feet. A tandem combination—including the truck tractor, semitrailer and trailer—which exceeds 85 feet in length is considered an over-dimensional/overweight vehicle which requires a special hauling permit to travel on the Turnpike System.

The provisions of this § 601.101 amended under sections 4 and 12 of the act of May 21, 1937 (P.L. 774, No. 211) (36 P.S. § § 652d and 652l), 74 Pa.C.S. § § 8102, 8107, 8116 and 8117; and 75 Pa.C.S. § § 6110 and 6110.1.

The provisions of this § 601.101 adopted October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321; amended June 23, 2000, effective June 24, 2000, 30 Pa.B. 3175; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7489. Immediately preceding text appears at serial page (400466).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.102 Weight and dimensional limits for tandems.

A tandem trailer combination which is considered an over-dimensional/overweight vehicle shall require a special hauling permit to travel on the Turnpike System. In tandem combinations, the heaviest trailer shall be towed next to the truck tractor.

The provisions of this § 601.102 amended under sections 4 and 12 of the act of May 21, 1937 (P.L. 774, No. 211) (36 P.S. § § 652d and 652l), 74 Pa.C.S. § § 8102, 8107, 8116 and 8117; and 75 Pa.C.S. § § 6110 and 6110.1.

The provisions of this § 601.102 adopted October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7489. Immediately preceding text appears at serial page (400466).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.103 Exclusion of tandem tank trailers.

Tandem tank trailer combinations transporting hazardous materials, substances or wastes, as defined in 49 CFR Chapter I (relating to pipeline and hazardous materials safety administration, Department of Transportation) are prohibited from using the Turnpike System.

The provisions of this § 601.103 amended under sections 4 and 12 of the act of May 21, 1937 (P.L. 774, No. 211) (36 P.S. § § 652d and 652l), 74 Pa.C.S. § § 8102, 8107, 8116 and 8117; and 75 Pa.C.S. § § 6110 and 6110.1.

The provisions of this § 601.103 adopted October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7489. Immediately preceding text appears at serial page (400466).

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.104 Brakes.

The brakes on a vehicle or dolly converter or combination of vehicles used in tandem trailer operations shall comply with the minimum requirements in 49 CFR Part 393, Subpart C (relating to brakes).

The provisions of this § 601.104 adopted October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321.

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.105 Emergency equipment.

A truck tractor used in tandem trailer operations shall, at a minimum, be equipped with emergency equipment as required by 49 CFR Part 393, Subpart H (relating to emergency equipment).

The provisions of this § 601.105 adopted October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321.

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.106 Coupling and towing vehicles.

Coupling and towing devices used in tandem trailer operations shall comply with 49 CFR Part 393, Subpart F (relating to coupling devices and towing methods).

The provisions of this § 601.106 adopted October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321.

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.107 Dollies.

When the distance between the rear of the semitrailer and the front of the following trailer is 10 feet or more, the dolly shall be equipped with a device, or the trailers shall be connected along the sides with suitable material, which shall indicate to other Turnpike System users that the trailers are connected and are in effect one unit. These devices or connections shall be approved by the Commission prior to use on a tandem trailer combination.

The provisions of this § 601.107 adopted October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321.

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.

67 Pa. Code § 601.108 Lighting devices and reflectors.

Each trailer in a tandem trailer combination shall, at a minimum, be equipped with the electrical devices and reflectors required by 49 CFR Part 393, Subpart B (relating to lighting devices, reflectors, and electrical equipment).

The provisions of this § 601.108 adopted October 29, 1992, effective October 30, 1992, 22 Pa.B. 5321.

History

• Authority: The provisions of this Chapter 601 reissued under section 4 of the act of May 21, 1937 (P.
• Source: The provisions of this § 601.